EPAAPPROVED IDAHO STATUTORYREQUIREMENTS APPLICABLE TOTHEHAZARDOUSWASTEMANAGEMENT PROGRAM MARCH'2004

Idaho CodecontainingtheGeneralLaws ofIdahoAnnotated,Title39, Chapter44, "HazardousWasteManagement",publishedby theMichie Company,LawPublishers

### in2002.

Statecitation Description Page
39-4402 Legislative findings and purposes. 2
39-4403 (except 39-4403(6)&(14)) Definitions (exceptfor "Gate ton" and "PCB") 3-5

39-4408(1 )-(3) Unauthorized treatment, storage, release, use, or disposal of hazardous waste prohibited. 8

39-4409(1) (except fourth and fifth sentences) Permit required for hazardous waste treatment, storage, or disposal facilities. 8

39-4409(2), first sentence Interim status granted by RCRA or a permit issued by the U.S. EPA priorto the date that the State programis authorized. 8-9

39-4409(4) . (except first sentence) Permitreview every five years. 9

39-4409(5) Corrective action required for permits issued after effective date of this provision. 9

39-4409(6) Permitmay be revoked. 10 39-4409(7) Departmentmay issue a variance from the requirements ofthe rules and regulations. 10

39-4409(8) Departmentmay issue a research, development, and demonstration permit. 10

39-4411(2) Reporting requirements for generators, transporters, and owners and operators oftreatment, storage, and disposal facilities. 13

39-4411(4) Generatorrequired to submit an annual written reportto the Department. 13

39-4411(5) Operatorofhazardous waste disposal facility requiredto submit an annual written report to the Department 13

39-4423 (except 39-4423(3)(a)&(b)) Disposal ofrestricted hazardous wastes prohibited. 22

39-4424 Disposal ofmanifested waste. 23



### . Page 1of 2

# IDAHO.CODE

CONTAINING THE 

# GENERAL LAWS OF IDAHO ANNOTATED

ORIGINALLY PUBLISHED BYAUTHORITY OF LAWS 1947, CHAPTER 224
REPUBLISHED BYAUTHORITY OF LAWS 1949, CHAPTER 167 ASAMENDED

Compiled Under the Supervision of the Idaho Code Commission

R. DANIEL BOWEN THOMAS A. MILLER RICHARD F. GOODSON COMMISSIONERS MAX M. SHEILS, JR. EXECUTIVE SECRETARY



### TITLES39 (44-83), 40

# ~~MICHIE

# e
.. l. PUBLISHER'S NOTE

Since the publication in 1998 ofReplacement Titles 39 (44-83), 40 many laws havebeen amended or repealedandmanynewlawshavebeenenacted. The resultingincreasein the sizeofthecumulative supplementfor Titles 39 (44-83), 40 has made it necessary to revise this volume. Accordingly, ReplacementTitles 39 (44-83),40 is issued with the approval andunderthe direction of the Idaho Code Commission. 'Io 

### better serve our customers, by making our annotations more current, LexisNexis has changed the sources that are read to create annotations for this publication. Rather than waiting for cases to appear in printed reporters, court decisions are now being read as they are released by the courts. A consequence of this more current reading of cases, as they are posted on lexis.com, is that the most recent cases annotated may not yet have print reporter citations. These will be provided, as they become available, through later publications.

This publication contains contains annotations taken from decisions of the enacted by the Idaho Supreme Court and the Court ofAppeals, and the appropriate federal courts, posted on lexis.com as ofMarch 19, 2002. These
cases will be printed in the following reports:

Pacific Reporter, 3rd Series Federal Supplement; 2nd Series Federal Reporter, 3rd Series United States Supreme Court Reports, Lawyers'Edition, 2nd Series Additionally, annotations have been taken from the following sources: American Law Reports, 5th Series, through Volume 93 American Law Reports, Federal Series, through Volume 173 

### Opinions ofAttorney General, 2001-3 Following is an explanation ofthe abbreviations ofthe Court Rules used throughout the Idaho Code. I.R.C.P. Idaho Rules of Civil Procedure I.R.E. Idaho Rules ofEvidence I.C.R. 

### Idaho Criminal Rules M.C.R. 

### Misdemeanor Criminal Rules I.I.R. 

### Idaho Infraction Rules I.J.R. Idaho Juvenile Rules I.C.A.R. 

### Idaho CourtAdministrative Rules I.A.R. 

### Idaho Appellate Rules If you have any questions or suggestions concerning the Idaho Code, please write or call toll free 1-800-833-9844, fax toll free at 1-800·643-1280,
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HEALTHAND SAFETY

CHAPl'ER.**HA:~itOUS** WASrE MANAGEMENT, §§ 39­ 62. PCB WASrE DISPOsAL, .§§ 39-6201 - 39­ 4401 39-4432. 6216. 45. NATURAL TIl ACT, §§**3~-4501** - 39- 63. DOMESTIC VIOLENCE CRIME P!lEvENTION,**~09.** §§ 39-6301- 39-6317. 46. IDAHO DEvELoPME 64. CLEAN 1.AKESACT, §§ 39-6401- 39-6413. .·AND FACUJTIES 65. WASrE TiRE DISPOSAL, §§ 39-6501 - 39­ 4608

.. 6507. 47. REsPrrs CARE SERVICES.**('Rlsl~m** 66. BIG PAYE'JTE ·LAKE WATER QuALITY ACT, A47. PERsoNAL CARE SERVICES. §§ 39-6601

- 39-6612. RimESIGNATED.] 67 - 69. (REsERVED.]

. 48. IMMuNIzATION, §§ 39-4801 - 39- 4.	 70. SALE AND DISPOSAL OF BA'JTERIES, §§ 39­ 49. IDAHO IhALTII P1.ANNJNG ACT, §§ 39 7001..:.... 39-7004. . -39-4904. JiAzARoous SUBSTANCE EMERGENCY RESPoNSE [50] 49. EQuAL OPPORTUNITY FOR DISPLACED ACT, §§ 39-7101 - 39-7115. HOME1dAKER ACT, §§ [39·5001] - 39­ IDAHO.LAm> REMEDIATION ACT, §§ 39-7201 5009. - 39-7210. ERVEn.] 51. FAMD.V SUPPORT AND IN-HOME AssISI'ANCE, §§ 39-5100 - 39-5106. I SOLID WASrE FACILITIES ACT, §§ 39­ 740 39-7421. 52. DoMESTIc VIOLENCE PRoJECT GRANTS, §§ 39­ 5201 - 39-5213. . 75. AooPI'lON MEDICAL AssIsrANCE, §§ 39­ 7501- 3 505. 53. ADULT ABUSE, NEGLEqI' AND ExPLoITATION 76. PuBLIC WATER SYSTEM LoANs, ACT, §§ 39-5301 - 39-5312. §§ 39-7601 - 7606. 54. A!mFJCIAL INSEMINATION, §§ 39-5401- 39­ 77. VOLUNTEER IhALTH PRoVIDER IMMu­ 5408. NITY, §§ 39-7701 - 3 7705. 55. CLEAN.INoooRAIR, §§ 39-5501 - 39-5510. 78. ThBACCO MASrER S AGREEMENT, 56. PERSONAL CARE SElivICES, §§ 39-5601

­ §§ 39-7801

- 39-7805. 39-5609. 79. Loc.u. OmON SWINE FACD.ITIES 57. P!lEvENTION OF MINORS' ACCESS TO ThBACCO, §§ 39-7901

- 39-7916. §§ 39-5701 - 39-5713. S ACT, ACT,' §§ (39­ 80. UNIFORM PuBLIC ScHOOL BUILDING 58. JiAzARoous WASrE FACD.m SITING, §§ 39­ §§ 39-B001

- 39-8012. 5801 - 39-5820. 81. BASIN ENVIRONMENTAL IMFROVEMENT 59.

. IDAHO RURAL HEALTH CARE ACCESS PROGRAM, §§ 39-8101 - 39-8115: §§ 39-5901 - 39-5913. (82]	 81. IDAHO SAFE HAVEN 60. CHn.DREN's 'ThUST FuND, §§ 39-6001 - 39­ 8201] - [39-8207]. 6008. (83] 81. 'ThAUMA CARE, §§ (39-8301



### CHAPrER44

HAZARDOUS WASTE MANAGEMENT

SECTION. SECTION•. 39-4401. Short title. waste treatment, storage, or 39-4402. Legislative findings and purposes. disposal facilities. 39-4403. Definitions. 39-4410. Transportation ofhazardous waste. 39-4404. Consistency with federal law. 39-4411. Records

- Reporting

- Monitoring. 39-4405. Rules in general. 39-4412. Inspections

- Right of entry. 39-4406. General powers and duties of director. 39-4413. Enforcement procedures. 39-4414. Remedies. 39-4407. Identification ofhazardous wastes. 39-4415. Violations constituting misdemean39-4408. Unauthorized treatment, storage, ors. release, useor disposal ofhaz­ 39-4416. Citizen suits. ardous waste prohibited. 39-4417. Hazardous waste emergency ac­ 39-4409. Permit requirements for hazardous count.


### 1

# e_. ( 3 HAZARDOUS WASTE MANAGEMENT 39-4403
Compiler'snotes.Forwords "thisact," see wastes into sewer systems. 47 A.L.R.3d 1224. Compiler's notes, § 39-4401. Applicability of zoning regulations to waste

CoUateral References. Validity and con­ disposal facilities ofstateor local governmenstruction of statutes, ordinances, or regula­ tal entities. 59 A.L.R.3d 1244.

. tions controlling discharge of industrial


### 39-4403. Definitions.

- As used in this chapter: (1) "Board" means the Idaho board ofenvironmental quality. (2) "Commercial hazardous waste facility or site" means any hazardous wastefacility whose primarybusiness is the treatment, storage or disposal, for a fee or other consideration, of hazardous waste generated offsite by generators other than the owner and operator of the facility. (3) "Department"means the Idahodepartment of environmental quality. (4) "Director"means the director ofthe Idaho department ofenvironmental quality or the director's authorized agent. (5) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of anyhazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. 

### " material receive a a htdoes notinclude any subsequent changes to the weight resulting from the manage b the (7) "Generator"means any person, who by virtue ofownership, management, or control, is responsible for causing or allowing to be caused the creation of a hazardous waste. (8) "Hazardous waste"means a waste or combination ofwastes of a solid, liquid, semisolid, or contained gaseous form which, because ofits quantity, concentration or characteristics (physical, chemical or biological) may: (a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or (b) Pose a substantial threat to human health or to the environment if improperlytreated, stored, disposed of, or managed. Suchwastesinclude, but are not limited to, materials which are toxic, corrosive, ignitible, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not .include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigationreturn flows
or industrial discharges which are point sources subject to national pollution discharge elimination system permits under the federal water pollution control act,'as amended, 33 U.S.C., section 1251 

### etseq., or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended, 42 U.S.C., section 2011 et seq. (9) "Hazardous waste management" means the systematic control of the collection, source separation, storage, treatment, transportation, processing, and disposal of hazardous wastes.

. (10) "Hazardous waste facility or site"means any property, structure, or ancillary equipment intended or used for the transportation, treatment, storage or disposal ofhazardous wastes. 

### '.5 HAZARDOUS WASTE MANAGEMENT 39-4404

intended to be discarded. [I.C., § 39-4403, as 'added by 1983, ch. 154, § 1, p. 416; ana. 1984,ch.205,§ l,p.502;am. 1986,ch. 148,§ 1, p. 415; am. 1986, ch. 324, § 1, p. 794; am 1989, ch. 253, §' 1, p. 626; am. 1993, ch. 291, § 1, p. 1082; am. 1994, ch. 419, § 1, p. 415; am. 2001, ch. 103, § 45, p. 253; am. 2001, ch. 297, § 3, p. 1072.]

Compiler's notes. This section was amended by two 2001 acts which appearto be compatible and have been compiled together.

The amendment by ch. 103, § 45, substituted "environmental quality"for "health and welfare" throughoutthe section; in subsection (7)(b>, substituted "byproduct" for "by product"; and made stylistic changes.

The amendment by ch. 297, § 3, in subsection (17), added the second sentence.

The Resource Conservation and Recovery Act of 1976, referred to in subdivision (15) of this section, is compiled as 42 U.S.C. § 6901 et seq.

Section 2 of S.L. 1984, ch. 205 is compiled
as § 39-4410.

Section 2 of S.L. 1986, ch. 148 is compiled'
as § 39·4405. Section 2 ofS.L. 1986, ch. 324 is compiled
as § ::;9-4423.

Section 2 of S.L. 1989, ch. 253 is compiled
as § 39-4424.

Section 2 ofS.L. 1994, ch. 419 is compiled
as § 39-4427.

Sections 44 and 46ofS.L. 2001. ch. 103 are compiled as §§ 39-3638 and 39·4426. respectively.

Sections 2 and 4 of S.L. 2001, ch. 297, are compiled as §§ 39-4427 and 39-4405, respectively.

Cross ref. Inspection of hazardous waste carriers, penalties §§ 67-2917, 67-2918.

Sec. to sec. ref. This section is referred to In §§ 18-3905 and 39-4423.

thatthe state ofIdahoenact and carryout a hazardous wasteprogram that will enable the state to assume primacy overhazardous waste control from the federal government.

The legislature finds thatthe RCRA, as amended, 42 U.S.C., section 6 1 etseq., and federal regulations adoptedpursuant thereto, establishc plex and detailed provisions for regulation of those who generate, ansport, treat, store, and dispose of hazardous wastes. The legisl ure cannot conveniently or advantageously set forth in this chapter I the requirements ofall oftheregulationswhich have been or will b established under RCRA. However, by the provisions ofthis chapter, t egislature desires to avoid the existence of duplicative, overlappin r conflicting state and federal regulatory systems.

Therefore, the boardis directed 

### to prom ate rules which are consistent with RCRA and the federal regulations opted by the administrator of the United Statesenvironmental protec . n agency to implementRCRA. Farmers and ranchers who treat, stor , or dispose ofwaste pesticides from their

.operations on lands owned 0 ontrolled by them shall not be required by boardrulesto do anything orethanfollow theinstructionson thepesticide label and triple rinse mpty containers in accordance with the RCRA regulations of the vironmental protection agency. The board may not promulgate any le that would impose conditions or requirements more stringent or oader in scope than RCRA and the RCRA regulations of the environm tal protection agency. The board may, however, promulgate proced al rules and rules specifically authorized by this chapter or other sta statuteswithoutshowingthatthoserules arerequired by RCRA or the

gulations of the environmental protection agency; provided that those

### 7 HAZARDOUS WASTE MANAGEMENT 39-4407

occurring naturally that may be disposed of at a commercial hazardous wastefacility or site. [I.C., § 39-4405, as addedby 1983, ch. 154, § 1, p. 416;

. 1986, ch. 148, § 2, p.' 415; am. 2001, ch. 297, § 4, p. 1072.]

Co i1er's Dotes. Sections 1 and 3 of S.L. Sec. to sec. ref. This section is referred to 1986, c 148 are compiled as §§ 39-4403 and in § 39-4411. 39·4408.

Section f S.L. 2001, ch. 297, is compiled as § 39-4403.

39-4406. neral powers and duties ofdirector.

- The director: (1) Shall tak all actions not inconsistent with this chapter as are necessary and fea ible to enable the department to assume and continue primacy over hazar us waste management, pursuant to RCRA; (2) May conduct an ublish studies ofhazardous waste management in this state; (3) Shall develop; publi ,andrevise as necessary a plan for the safe and effective management ofha rdous wastes within this state. Such a plan may identify those locations' the state which are not suitable for the establishment of hazardous was e treatment or disposal facilities or sites; (4) Shall exercise all powers a d discharge all duties expressed in or impliedfrom the othersections ofth chapter. [I.C., § 39-4406, as added by 1983, ch. 154, § 1, p. 416; am. 1993,

. 291, § 3, p. 1082.]

Compiler's Dotes. Section 2 of S.L. 1993, ch. 291 is compiled as § 39-4404.
39-4407. Identification ofhazardous w tes.

- (1) The board shall establish criteria for determining ifany waste 0 combination of wastes is hazardous or nonhazardous, for the purposes of 111' chapter. (2) The board may adopt, and amend from time t time a list or lists of hazardous wastes. The board may, with public noti e but without the necessity ofa public hearing, list as hazardous any wast or combination of wastes determined to be hazardous by the United State environmental protection agency. Toaccomplish thisgoal, theboardmayado by reference the regulations containing the lists of hazardous wastes an the set of characteristicsfor identifyinghazardous wastespromulgated by e United Statesenvironmentalprotection agency pursuantto RCRA. Thebo d shall update theregulations adopted pursuant to this section as needed to effect regulatory amendments promulgated by the United States environm tal protection agency. The board may adopt regulations for a state hazardo s waste delisting program equivalent to that set forth in 40 CFR section 260.20(b) and 260.22. The state delisting program shall provide for public notice and opportunity for comment before granting or denying delisting requests. [I.C., § 39-4407, as added by 1983, ch. 154, § 1, p. 416; am. 1993,



### , 

## . Compiler's Dotes. Section 5 of S.L. 1993, Sec. to sec. ref. This section is referred to ch. 291 is compiled as § 39-4410. in §§**39~4411,** 39-4427.

# e 

# C 9 HAZARDOUS WASTE MANAGEMENT 39-4409

program is authorizedby the administrator of that agency shall be adopted by the department as a state granted interim status or as a state granted permit until the department issues a new state permit. ·epfte bomd 

### me:,

(a) Allow other facilities to qualify for interim status; b) Require existing interim status surface impoundments, new units,
r . lacement of existing units and lateral expansions ofexisting interim stat facilities to comply with all regulations which apply to new faciliti

. and (c) Provi for the termination of interim status. (3) The boa shall promulgate rules and regulations establishing the terms and conditi s for issuingpermitsto the describedfacilities and sites. The rules and regul

.ons shall provide for, but not be limited to: (a) Standards and p edures for the safe operation and maintenance of the facilities and sites; (b) Education and trainin ualifications ofpersonnel atthefacilities and sites; (c) Contractual commitment or nsent to each facility or site from all holders ofinterests in the real prop y committed to that facility or site; (d) Monetary assurances in such fo d amount as are necessary for effective management, maintenance, an onitoring of the facilities and '. sites during and after operation;

(e) Evidence of financial responsibility for co ective action on-site and off-site; (f) Liability insurance in such form and amoun compensate for potential damages caused by the fa ilities and sites; provided, that liability insurance shall not be required in he event that liability insurance is not required by the federal regulati s adopted pursuant to the RCRA; (g) Emergency equipment and emergency response plans approp
. te to the facilities and sites; (h) Public participation in the permitting process consistent with
(4) FeRRits saall ge iSSliea {SF a**~eRSa BS~** **~S** eKeeeEl teB (19)yeMs 8rthe maKilRlilR fleRea allBwea 1:lftaep gCR.\, ,,}Hehe.ep is**~e8t:er.** However,

.permits may be reviewed at least every five (5) years and modified as

necessary to take into account changes in this chapter or regulations promulgatedpursuantto itandimprovementsin technology. Permitsissued to hazardous waste facilities and sites by the department prior to the effective dateofthischaptershallbe reissuedto conform withtheprovisions of this chapter and the rules and regulations promulgated under this chapter. (5) Any permit issued after the effective date of this provision shall require corrective action to be taken on-site and off-site for all releases of hazardous waste or constituents, from any solid waste management unit at the treatment, storage, or disposal facility seekingthe permit, regardless of the time when the waste was placed in such unit. Permits issued from November 8,1985,until the effective date ofthisprovision shall be reissued to conform with this provision.

# e 

# C 11 HAZARDOUS WASTE MANAGEMENT 39-4410
Compiler's Dotes. This section was amended by two 1988 acts which appearto be compatible and have been compiled together.

The amendment by ch. 7. in the first sentence ofsubsection (5). inserted "issued"; and added subdivision (8)(d).

The amendment by ch. 259. in subdivision (2)(b). inserted "existing interim status surfaceimpoundments"; and in the first sentence ofsubsection (5). inserted "issued." The words enclosed in parentheses so appeared in the law as enacted.

Section 5 of S.L. 1986, ch. ]48 is compiled
as § 39·4411.

.

Sections] and 3 of S.L. 1988, ch. 259 are' compiled as §§ 39-4404 and 39-4413. respectively.

Sec. to sec. ref. This section is referred to in §§ 39·4413, 39-4426, 39-4427.

promulgatehazardouswaste transportationrules andregulationsto control

e intrastate andinterstatetransportation offederallyregulatedtypes and qu tities ofhazardouswaste. Therulesandregulations shallbe consistent with e rules and regulations issued by the United States department of transp ation and theUnited States environmentalprotection agency. The rules an egulations shall alsobe consistentwiththerules andregulations 'of the Id public utilities commission unless such consistency would impair the p**'ma~** or the effectiveness of the state's hazardous waste management pr am. In thatcase the board shall conferwiththe commission and endeavo 0 develop mutually acceptabletransportation rules and regulations. Ifmutu lly acceptable rules and regulations cannot be developed, the board shall omulgate transportation rules and regulations that minimize conflict with t commission's rules and regulations while assuring the primary authority d effectiveness of the state's hazardous waste management program. Rules nd regulations so promulgated by the board shall prevail over conflicting s and regulations of the commission.

(2) Thehazardouswastetrans rtationrulesandregulations shall apply to all transporters offederally regu ted types and quantities ofhazardous waste generated either by themsel s or by others. These rules and regulations shall apply to any movemen of a regulated quantity ofhazardous wastes to or from a hazardous waste cility or site. (3) The hazardous waste transportation rules and regulations shall provide for but not be limited to: (a) Standards for the containerization and lab ing ofhazardous wastes; (b) Standards for the handling and placarding 0 azardous waste shipments; (c) A hazardous waste tracking system requiring tha

. (0 All transporters of federally regulated types d quantities of hazardous waste obtain an identification number from 

### t department, the environmental protection agency, or another approv gram, before accepting hazardous waste for transport; (ii) All shipments of federally regulated types and quantitie of hazardous waste to be shipped off site or received from off s e be accompanied by a manifest or similar form describing the hazar waste being shipped and its destination; (iii) A copy of each manifest or similar form be returned to the generator and/or originator of the shipment and a copy be retained by13 HAZARDOUS WASTE MANAGEMENT 39-4411
(0 Cf'iie 1'10\lisiol1 of1ele,allt infermat:ion te the de)'M'tnieftt. (2) Sixty (60) days after promulgation of the criteria and lists specified under section 39-4407, Idaho Code, and the rules 

### required under section 39-4405, Idaho Code, and subsection 0) of this section, the generation, transportation, treatment, storage, or disposal ofa hazardous waste in this state by any person without reporting such activity to the department as required by the rules issued pursuant to subsection 

### 0) of this section shall be unlawful.

other representa rves ent under any provisions of this chapter, shall be subject to disclosure according 0 c Idaho
(4) Effective January 1, 1996, each generator shall, at the 

### discretion of the director, no later than thirty (30) days after the end ofeach calendar year submit a written annual report to the department including the following information: (a) The types and quantities of hazardous wastes generated; (b) The types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal; (c) The types and quantities of such wastes remainingin storage at the end ofthe reporting period; (d) Whether such wastes are destined for disposal or treatment in this state or whether such wastes are destined for disposal or treatment outside this state. (5) EffectiveJanuary 1, 1996,the operatorofeach commercial hazardous wastedisposal facilityorsitein the stateshall,no laterthan thirty (30) days after the end of each calendar year; submit a written. annual report to the department providing information on the types and quantities of wastes received which were generated in Idaho, and information on the types and quantities ofwastes received which were generated in other states.

the g or and the legislature detailing the types**~d** quantities of hazardous wa enerated in this state, the types and quantities ofsuch wastes shipped for tr ent and disposal by landfilling or other means of disposal, thetypes and quan l' fsuchwastesremainingin storage atthe end of the most recent reporting pe' and the types and quantities of hazardous waste generated outside this state hippedintothis state for storage or disposal. [I.C., § 39-4411, as added by 19 154, § 1, p. 416;
am. 1984, ch. 258, § 1, p. 618; 

### am. 1986, ch. 148, § 5, p. 41; 1990, ch. 213, § 43, p. 480; 

### am. 1993, ch. 291, § 6, p. 1082; 

### am. 1996, ch. 125,

.

, 

## . Compiler's Dotes. Sections 4 and 6 of S.L. Section 3 of S.L. 1998, ch. 125 is compiled 1986, ch. 148 are compiled as §§ 39-4409 and as § 39-111. 39-4413. Section 5 of S.L. 1998, ch. 125 declared an

Section 42 of S.L. 1990, ch. 213 is compiled emergency. Approved March 19, 1998.
as § 39-1393. Section 2 of S.L. 1996, ch. 125 declared an

Section 7 of S.L. 1993, ch. 291 is compiled emergency and provided that the act should
as § 39-4416. be in full force and effect on and after its

# e ( 15 HAZARDOUS WASTE MANAGEMENT 39-4413

rograrn of inspection. [I.C., § 39-4412, as added by 1983, ch. 154, § 1, p.

6; am. 1990, ch. 213, § 44, p. 480.)

C piler'snotes. Section 45 ofS.L. 1990, vided that §§ 3 through 45 and 48 through ch, 21 is compiled as § 39-5211. 110 of the act should take effect July I, 1993

Secti 111 of S.L. 1990, ch. 213 as and that §§ 1,2,46 and 47 should take effect amend y § 16 of S.L. 1991, ch. 329 pro- July I, 1990.

39·4413. Enforcement procedures. - (A) Whenever the director determines at anyperson is in violation ofanyprovision ofthis chapteror anypermit, st ndard, regulation, condition,requirement, compliance agreement or order i ued or promulgated pursuant to this chapter, one or more of the following a tions may be taken: (1) ADMINIST TIVE ENFORCEMENTACTIONS. (a) Notice. The di ctor may commence an administrative enforcement action by issuinga itten notice ofviolation. Thenoticeofviolation shall

. identify the alleged vi ation with specificity, shall specify each.provision

ofthe act, rule, regulati n, permit or order which has been violated, and shall state the amount 0 Civil penalty claimed for each violation. The notice of violation shall in rm the person 

### to whom it is directed of an opportunity to confer with e director or the director's designee in a compliance conference conce ing the alleged violation. A written response may be required within een (15) days ofreceipt ofthe notice of violation by the person to whom i is directed. (b) Scheduling Compliance Confe nce. If a recipient of a notice of violation contacts the departmentwit in fifteen (15) days ofthe receipt of notice, the recipient shall be entitled 0 a compliance conference. The conference shall be held within twenty ( ) days ofthe date ofreceipt of notice, unless a later date is agreed up n between the parties. If a compliance conference is not requested, the irector may proceed with a civil enforcement action as provided in subse ion (3) ofthis section. (c) Compliance Conference. The compliance co erence shall provide an opportunity for the recipient of a notice of VI lation to explain the circumstances ofthe alleged violation and, where a ropriate, to present
a proposal for remedying damage caused by the aile d violation and for assuring future compliance, Ifthe recipient and the 'rector agree on a plan to remedy damage caused by the alleged violati and to assure future compliance, they may enter into a consent order fo alizing their agreement. Theconsentordermayinclude a provision for pent ofany agreed civil penalty. (d) EffectofConsentOrder.Aconsentordershallbe effectivei ediately upon signing by both parties and shall preclude any civil enfi cement action for the same alleged violation. Ifa partydoes not comply . h the terms of the consent order, the director may seek and obtain i any appropriate district court specific performance of the consent order d such other reliefas authorized in this chapter. (e) Failure to Reach Agreement on Consent Order. Ifthe parties canno 

# e

\17 HAZARDOUS WASTE MANAGEMENT 39-4414

ny provision ofthis chapteror with anyrule, regulation, permit or order

omulgated hereunder, and for any reliefor remedies authorized in this ch ter, The director shall not be required to initiate or prosecute an ad . istrative action before the attorney general may commence and prose te a civil enforcement action. In addition, the attorney general may d egate this authority regarding civil enforcement actions to the prosecut g attorney ofthe county where a civil enforcement action may arise. (B) ACTIO S AGAINST GUARANTORS. Ifthe owner or operator is in bankruptcy, reo anization or other arrangement pursuant to the federal bankruptcy code, r wherejurisdiction cannotbe obtained over an owner or operator likely to e solvent at the time ofjudgment, an action may be brought directly aga st a guarantor offinancial responsibility by the state or any injured party any claim arising from conduct for which guarantees offinancial respon ibility have been made. The guarantormay invoke all rights and defenses .ch would have been available to the owner or operator and all rights an defenses normally available to the guarantor. (C) LIMITATION OF A ION FOR ADMINISTRATIVE AND CIVIL COURT PROCEEDINGS B UGHT UNDER THE PROVISIONS OF THIS CHAPTER. No civil or a inistrative proceeding may be brought to recover for a violation ofthis cha ter or any permit, standard, regulation, condition, requirement or order i ued or promulgated pursuant to this chapter more than two (2) years afte the director had knowledge or ought reasonably to have had knowledge 0 the violation. [I.C., § 39-4413, as added by 1983, ch. 154, § 1, p. 416; am. 86, ch. 148, § 6, p. 415; am. 1988, ch. 259, § 3, p. 498; am. 1989, ch. 38, § p.49.]

Compiler'snotes. The federal bankruptcy Sect! 2 of S.L. 1988, ch. 259 is compiled code referred to in subsection (B) of this as § 39- 09. . section is compiled as 11 U.S.C., § 101 et seq. Sec. to

. ref. This section is referred to

Section 5 of S.L. 1986, ch. 148 is compiled in §§ 39-44 ,39-4429. as § 39-4411.

39-4414. Remedies.

- The section are cumulative and nonexclusive.

(1) MONETARY PENALTIES. (a) Any person who makes a false statement or rep sentation in any application, label, manifest, record, report, permit or ther document filed, maintained, or used for thepurposeofcomplyingwit theprovisions ofthis chaptershall

### beliablefor a civil penaltynotto exceed en thousand

s0 civil te : dollars ($10,000) for each separateviolation or for each day a continuing violation. (b) Any person who violates this chapter or any permit, regulation, condition, requirement, compliance agreement, or sued or promulgated pursuant to this chapter shall be liable for penalty not to exceed ten thousand dollars ($10,000) for each sepa violation or for each day of a continuing violation. (c).The imposition or computation of monetary penalties may take in19**~DOUSWASTEMANAGEMENT** 39-4416

aste facility or site which is established or operated in violation ofthis
c apter or any standard, regulation, condition, requirement, compliance
a ement, or order issued or promulgated pursuant to this chapter. 

### (4) YMENT TO HAZARDOUS WASTE EMERGENCYACCOUNT. All moneys ollected by the departmentpursuant to subsections (1), (2) and (3) of this s tion to resolve any enforcement proceeding instituted under section 39- 413, Idaho Code, shall be paid into the hazardous waste emergencya ountcreatedby section 39-4417,Idaho Code. [I.C., § 39-4414,
as added by 1 3, ch. 154, § 1, p. 416; am. 1984, ch. 157, § 1, p. 383; am. 1997, ch. 94, § p. 219.]

Compiler's notes, ction 2 of S.L. 1997. . ch. 94 is compiled as § 3 -108.
39-4415. Violation constitutingmisdemeanors.

- (1) Any person who knowingly makes a false statement or representation in any application, label, manifest, r ord, report, permit, or other document filed, maintained or used for the ose ofcomplyingwith the provisions ofthis chapter shall be guilty ofa .sdemeanor and subject to a fine ofnot more thantenthousand dollars ($10, 00) or to imprisonmentnotto exceed one (1) year, or to both, for each separa violation or for each day ofa continuing 

# e­ violation. 

# l (2) Any person who knowingly lates any provision ofthis chapter or anypermit, standard,regulation, con [tion,requirement, complianceagreement, or order issued or promulgate pursuant to this chapter shall be guilty of a misdemeanorand subjectto a ne ofnot more than ten thousand

. dollars ($10,000) or to imprisonment not exceed one (1) year, or to both, for each separate violation or for each day a continuing violation. (3) An action maybe commenced and prose uted by the attorneygeneral. The director shall notbe required to initiate or rosecute an administrative or civil action before the attorney general may mmence and prosecute a criminal action. [l.C., § 39-4415, as added by 198 ch. 154, § 1, p. 416; am. 1984, ch. 54, § I, p. 94.]

39-4416. Citizen suits.

- (1) Except as provide in subsection (2) of this section, any person who has been injured or dam ed by an alleged violation of any permit, standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter, ay commence a civil action on thatperson's own behalfagainst any person legedto have committed the violation. A person commencing an action unde this section shall be required to file a bond or equivalent securityin an amo t not less than onethousand dollars ($1,000) or inconformancewith thereq irements of rule.65(c) of the Idaho Rules of Civil Procedure if injunctive lief is sought. (2) No actionmaybe commencedundersubsection (1)ofthis section 1 the departmenthas commenced andis diligentlyprosecutinganadministrati civil, or criminal action to require compliance with the law. Further,21 HAZARDOUS WASTE MANAGEMENT 39-4421

was adopted, the amendment to this section § 74 ofS.L. 1994, ch. 180 became effective uary.2, 1995. ctions 73 and 75 ofS.L. 1994, ch. 180 are tively. Sec. to sec. ref. This section is referred to in § 39-4414.

[Reserved.]

Hazardous waste management account. [Repealed.]
Compiler's notes. § 39-4417B, which § 2, p. 627; am. 1997, ch. 313, § I, p. 926,was comprised I.C., § 39-4417B, as added by repealed by S.L. 1999, ch. 290, § I, p. 718, . 502; am. 1986, ch. 231, effective July I, 1999. 1984. ch. 205, § 3,
government notice. - A permit for a new hazardous waste land disposa acility or site shall not be issued until the department has given ninety (90 days' notice to the board ofcounty commissioners of the county in which e proposed facility or site is to be located. [I.C., § 39-4418, as added by 983, ch. 154, § I, p. 416.)

39-4419. Interstateco eration.

- The directorshallhavethepower and the duty to encourage c perative activities between the department and otherstates for theimprov d management ofhazardouswastes, and so far as is practical, to providefor iform stateregulations and for interstate agreements relating to hazardous aste management. The statemay enter into such agreementswithothersta s to accomplishthepurposes as setout in this chapter. [I.C., § 39-4419, as a ded by 1983, ch. 154, § I, p. 416.)
39-4420. Employment security. (1) No employee of a hazardous waste generator, transporter or treatmen storage, or disposal facility or site shall be dismissed, suspended, or 0 erwise discriminated against becausethe employmenttestifies, provides in rmation or otherwise assists in the enforcement or administration ofthe pr
.sions of this chapter. (2) Any employerwho knowinglyviolatesthe ovisions ofsubsection (1) of this section shall be liable for damages, costs and attorneys' fees, in addition to any other liability for relief authorized this chapter, by any other statute, orby thecommon law. [I.C., § 39-4420, added by 1983, ch. 154, § 1, p. 416.]

39-4421. Good samaritan protection.

- (1) Notwi standing any provision oflawto the contrary, nopersonwhoprovidesassis in mitigatingor attemptingto mitigatethe effectsofanactual leakage, seepage, or other release of hazardous waste, or in cleaning up, or disposing of or in attemptingto prevent, clean up dispose of any such leakage, seepage or other release, shall be subject 0 civil liabilities or penalties ofany type. (2) The immunities provided in subsection (1) ofthis section above not apply to any person: (a) Whose act or omission caused in whole or in part such actual 0 threatened leakage, seepage or otherrelease andwhowould otherwisebe

### 23 HAZARDOUS WASTE MANAGEMENT 

### 39-4427

39-4424. Disposalofmanifested waste.

- Manifested waste, as that term is defined in section 39-4403, Idaho Code, shall only be treated, stored
or disposed of in this state at a permitted hazardous waste treatment, storage or disposal facility unless the burning of such manifested waste to produceheatis otherwiselawful. [I.C., § 39-4424, as addedby 1989,ch. 253, § 2, p. 626.]

Compiler's Dotes. Section 1 of S.L. 1989, Section 3 of S.L. 1989, ch. 253 declared an ch. 253 is compiled as § 39·4403. emergency. Approved March 29, 1989.
S9:=+t25. 

### [Reset. ea.]

onmental quality'shall assign a sufficient number of employees and
e ipment to inspect hazardous waste facilities or sites permitted under sect n 39-4409,'Idaho Code, and located in Idaho where disposal of hazar us waste occurs for the purpose of assuring the protection ofthe health safety of the public by monitoring the receipt and handling of hazardous asteswhich have been transported by common carrier. (2) All em oyees ofthe department designated pursuant to subsection (1) 

### ofthis secti shall alert proper authorities or peace officers regarding violations pursu to this chapter, violations pursuant to title 49, Idaho Code, and violations any rules issuedpursuantto section 67-2901A, Idaho Code. (3) All actions brough or violations ofthe provisions of this chapter or rules promulgated pursuan hereto shall be brought as provided for in this chapter.All actions broughtfo violations oftheprovisions oftitle 49, Idaho Code, shallbe broughtas providinthattitle. [I.C., § 39-4426, asaddedby 1984, ch. 205,§ 4,p. 502; am. 198 ch. 231, § 3,p.627;am. 1988,ch.265, § 569, p. 549; am. 1999, ch. 383, § p. 1051; am. 2001, ch. 103, § 46, p. 253.]

Compiler's notes, Section 3 of S.L. 1984, Sec' ns 45 and 47 ofS.L. 2001, ch. 103 are ch. 205 was repealed. compile §§ 39-4403 and 39-4428, respecSection 4 of S.L. 1986, ch. 231 is compiled tively. as § 49·2201

- 49-2212, and section 2 was Section 58 of S.L. 1987, ch. 265 provided repealed. that the act s11 ld become effective on and

Sections 568 and 570 of S.L. 1988, ch. 265 afterJanuary 1, 89. are compiled as §§ 39·4410 and 40·701.

Section 2 of S.L. 1999, ch. 383, is compiled as § 40-510.


### 39-4427. Commercial disposal fees. -:- (1) 

### There is im sed on the
owner or operator ofevery commercial hazardous waste disposa acility or sitepermitted under section 39-4409, Idaho Code, the lowest appli ble fee for each ton ofwaste or fraction thereof, as follows: (a) Thirty dollars ($30.00) per gate ton or fraction thereoffor all haz dous wastes as defined by RCRA or section 39-4407, Idaho Code; (b) Twenty-five dollars ($25.00) per gate ton or fraction thereof for all



### . . 

## .

### · 25 HAZARDOUS WASTE MANAGEMENT 39-4427C

Comp er's notes. ch. 290, § 2.


### 39-4427B [Amended and Redesignated.]

Fonner § 39-4427A Thissectionwas formerly compiled as § 39­ and redesignated as § 39-4427 4427A.

. 

### 39-4427D. Generator fees

- Treatment, storage or

isposal facility fee

- Hazardous waste fees

- Duplic ion. [Repealed.]
Compiler's notes. Th following sections hazardouswaste as defined by 40 CFRsection
were repealed by S.L. 199 ch. 290, § 1. p. 261, in any calendar month, or generates 718, effective July 1, 1999: more than two thousand two hundred (2,200)

Former section 39·4427B, w ich comprised pounds of hazardous waste at any time in a S.L. 1998, ch. 229, § 2, p. 778, a . S.L. 1999, calendarmonth, shall be subjectto an annual ch. 49, § 1, was amended by S.L. 1 99, ch. 49, fee of two thousand dollars ($2,000); § 1, effective July 1, 1999 and was epealed "(b) A generator who generates'between by S.L. 1999, ch. 290, § 1, effective uly 1, two hundred twenty (220) and two thousand 1999. two hundred (2,200) pounds of hazardous

39-4427C, which comprised S.L. 1998, ch. waste in one (1) calendar month, shall be 229, § 3, p. 778, was repealed by S.L. 19 , subjectto an annual fee ofsevenhundred fifty ch. 290. § 1, effective July 1, 1999. dollars ($750).

39-4427D, which comprised S.L. 1998, ch. "(2) The fee set forth in subsection (1) of 229, § 4, p. 778, was repealed by S.L. 1999, hissectionshall not applyto generatorswho: ch. 290, § 1, effective July 1, 1999. "(a) Axe public or governmental entities;

Section 39-4427B as amended by S.L. 1999, ) Axe dry cleaners; or ch. 49, § 1 read: "Generator fees. (1) For "(c Demonstrate, to the satisfaction of the any generatorgeneratingwaste during calen­ direct ofthedepartment, an inabilityto pay dar year 1998, there is imposed a generator all or a ortion of the fee. fee to be remitted to thedepartmentofhealth "(d) Fo purposes of this section, "dry and welfare no later than thirty (30) days cleaners" ans any generator who owns or after the end of calendar year 1998, as fol­ operates a b iness the primary purpose of lows: which is to d lean apparel and fabrics for

"(a) A generator who generates two and the general pub ,as described in standard two-tenths (2.2) pounds or more of acutely industrial classific tion no. 7216."



### 39-4427C. Treatment, storage or disposal facili fee.

- (1) Any hazardous waste treatment, storage and disposal facility s bject to regulation by the department of health and welfare during calen r year 1998, shall be subject to a five thousand dollar ($5,000) fee to be re itted to the departmentofhealth andwelfareno laterthanthirty (30) days a r theend ofcalendar year 1998. (2) The fee set forth in subsection (1) of this section shall not a facilities which: (a) Are owned or operated by public or governmental entities; or (b) Demonstrate, to the satisfaction ofthe director ofthe department, a inability to pay all or a portion of the fee. fl.C., § 39-4427C, as added by



### , . Compiler's notes. Section 8 of S.L. 1998, Sec. to sec. ref. This section is referred to ch. 229 declared an emergency, Approved in § 39-4427D. March 20, 1998.

### 27 HAZARDOUS WASTE MANAGEMENT 

### 39-4431

employees, may enter any place ofbusiness of the owner or operator 

### ofa zardous waste facility or site where hazardous wastes are disposed and in ct thepremises,therecordsrequiredto be keptunderthischapter, and the azardous wastes or other chemicals contained therein, to determine whet r or not all theapplicableprovisions ofsections39-4427 and39-4428, Idaho de, are being fully complied with. Trade secret information obtained b the department under the provisions of this section shall be treated in he same manner as such information obtained under section 39-4411, Ida 0 

### Code. Ifthe department, or any ofits authorized agents or employeesis u reasonablydeniedfree accessor is unreasonablyhindered or interfered with. making the examination of a hazardous waste facility or site, thathindran ·e or interference shall constitute grounds for suspension
or revocationofthe acilityor site'spermitby the directorofthe department of environmental qu lity under subsection (b) of section 39-4413, Idaho Code. [I.C., § 

### 39-4429, s added by 1984, ch. 205, § 

### 7, p. 502; am. 1998, ch. 229, § 6,p. 778; am. 

### 19 ,ch. 290,§ 4,p. 718; am. 2001,ch. 103,§ 48,p. 

### 253.j

Compiler's notes. Section 7 of emergency. Approved March 20, 1998. ch. 229 is compiled as § 39-4432

.. "Water" and "Chemical"Distinguished.

Section 5 of S.L. 1999, ch. 290 is co The legislature has indicated by its use of as § 39-4431. the word "chemical" in several statutes that

Section 49 ofS.L. 2001, ch. 103 is compi water should not be considered to be a "chem­ as § 39-4431. ical." Moosman v. Idaho Horse Racing

Section 8 of S.L. 1998, ch. 229 declared an Comm'n, 117 Idaho 949, 793 P.2d 181 (1990).


### 39-4430. Additions and penalties.

- The additions, penalties, and requirements provided by the Idaho in me tax act, sections 63-3046, 63-3075,63-3076 and 63-3077, IdahoCode, a theynow exist or as theymay be subsequently amended, shall apply in the e manner and to the same extent to this 'act as to the Idaho income t act and shall cover such additions, penalties and requirements and sh I, for this purpose, be described andbe for acts, omissions, delinquencies, nd requirementsunder this chapter. [I.C., § 

### 39-4430, as added by 1984, ch. 05, § 8, p. 502.J

39-4431. ·Collection and enforcement.

- (1) 

### The ollection and enforcement procedures available to the'Idaho state tax com ission provided .by the Idaho income tax act, sections 63-3030A, 63-3038, 63 039, 63-3040, 63-3042 through 63-3045A, 63-3047 through 63-3065A, 63-3 68, 63-3070, 63·3071,63-3072,63-3073 and 63-3078, IdahoCode, as theyno exist or as they may subsequently be amended, shall apply and be availa Ie to the departmentofenvironmental qualityfor the enforcementoftheco ercial disposal fee and for the assessment and collection of any amoun due thereunder. Said sections shall, for the aforementionedpurposes, be co sidered part ofthis chapter and wherever liens or any other proceedings e defined as income tax liens or proceedings, they shall, when applied 1 

### enforcement or collection under this chapter, be described as commercial

# Ie 

# e**e~­** 

# l 

# IDAHO CODE

CONTAINING THE 

# GENERALLAWS OF IDAHO ANNOTATED

ORIGINALLYPUBLISHED BY AUTHORITY OF LAWS 1947, CHAPTER 224
REPUBLISHED BYAUTHORITY OF LAWS 1949, CHAPTER 167 AS AMENDED



### Compiled Under the Supervision ofthe Idaho Code Commission

R. 

### DANIEL BOWEN THOMAS A. 

### MILLER RICHARD F. GOODSON COMMISSIONERS MAX M. SHEILS, JR. EXECUTIVE SECRETARY



### TITLES 39 (44-83), 40

# ~MICHIE

### PUBLISHER'S NOTE

Since the publication in 1998 ofReplacement Titles 39 (44-83), 40 many lawshavebeenamended orrepealed andmanynew lawshavebeenenacted. Theresultingincreasein the size ofthecumulativesupplementfor Titles**3~** 

### (44-83), 40 has .made 

### it necessary to revise this volume. Accordingly,' ReplacementTitles 39 (44-83),40is issued withthe approval and underthe direction ofthe Idaho Code Commission.



### Tobetter serve our customers, by making our annotations more current, LexisNexis has changed the sources that are read to create annotations for this publication. Rather than waiting for cases to appear in printed reporters, court decisions are now being read as they are released by the courts. A consequence of this more current reading of cases, as they are posted on lexis.com, is that the most recent cases annotated may not yet have print reporter citations. These will be provided, as they become available, throughlater publications.

.

This publication contains contains annotations taken from decisions of the enacted by the Idaho Supreme Court and the Court ofAppeals, and the appropriate federal courts, posted on lexis.com as ofMarch 19, 2002. These
cases will be printed in the following reports:

. Pacific Reporter, 3rd Series Federal Supplement, 2nd Series Federal Reporter, 3rd Series United States Supreme Court Reports, Lawyers'Edition, 2nd' Series Additionally, annotations have been taken from the following sources: American Law Reports, 5th Series, through Volume 93 American Law Reports, Federal Series, through Volume 173 Opinions ofAttorney General, 2001-3 Following is an explanation ofthe abbreviations ofthe Court Rules used throughout the Idaho Code. I.R.C.:P. Idaho Rules of Civil Procedure I.R.E. Idaho Rules ofEvidence I.C.R. Idaho Criminal Rules M.C.R. Misdemeanor Criminal Rules I.I.R. Idaho Infraction Rules I.J.R. Idaho Juvenile Rules I.C.A.R. Idaho CourtAdministrative Rules IAR. IdahoAppellate Rules 

### Ifyou have any questions or suggestions concerning the Idaho Code, please write or call toll free 1-800-833-9844, fax toll free at 1-800-643-1280, or email usatcustomer.support@bender.com.

11187 HAZARDOUS WASTE FACILITY SITING 39-5803

resource recovery, or physical, chemical or biological degradation should be implemented to the maximum extent possible.

(3) It is the intent of the legislature that the site license process not duplicate the existinghazardouswaste management actpermittingprocess as setforth in section 39-4409, IdahoCode. Thesitelicense is a preliminary, general review which is not based on the type of specific, detailed technical informationrequiredforthehazardouswastemanagementactpermit. 

### II.e., § 39-5802, as added by 1985, ch. 113, § 1, p. 220; am. 1987, ch. 103, § I, p, 207.]

Compiler's Dotes. Section 2 of S.L. 1987, ch. 103 is compiled as § 39-5812.

39.5803

.. 

### Definitions.

- As used in this chapter: (1) "Panel"means the sitereview panel createdin section 39-5811, Idaho Code.

(2) "Committee"means the statehazardouswastemanagementplanning committee created in section 39-5805, Idaho Code.

(3) "Department"means the department ofenvironmental quality. (4) "Designated facility" means a hazardous waste treatment, storage or disposal facility which has received a permit or has interim status under title II of the solid waste disposal act or has a permit from the state authorized under section 3006 of title II ofthe solid waste disposal act (42 U.S.C.A. section 3006).

(5) "Director" means the director of the department of environmental quality.

(6) "Disposal" is defined in section 39-4403, Idaho Code. (7) "Disposal facility" means a facility or a part of a facility at which managed hazardouswaste, as definedby rule,is intentionallyplacedinto or on any land or water and at which hazardous waste will remain after closure. (8) "Generator"is defined in section 39-4403, Idaho Code. (9) "Hazardous waste" is defined in section 39-4403, Idaho Code. (0) "Hazardouswaste management"is defined in section 39-4403, Idaho Code.

(11) "On-site" means on the same or geographically contiguous property which maybe divided by a public or privateright-of-wayifthe entrance and exit between the pieces of property are at a crossroads intersection and access is by crossing rather than going along the right-of-way. Noncontiguous pieces ofproperty owned by the same person but connected by a right-of-way which the ownercontrols and to which the public does not have access is also considered on-site property.

(12) "Operator"means theperson responsible for the overall operation of
a disposal, treatment or storage facility with approval ofthe director either by contract or permit.

(13) "Person" is defined in section 39-4403, Idaho Code. (4) "Plan"means the state hazardous wastemanagementplan prepared under the provisions ofsection 39-5806, Idaho Code.

(15) "Storage" is defined in section 39-4403, Idaho Code.89 HAZARDOUS WASTE FACILITY SITING 39-5806

A vacancy occurring on the committee shall be filled In the same er as the original appointment. (3) e chairman ofthecommittee shall be elected by the members ofthe commit e and the chairman shall be a voting member ofthe committee.

(4) Me bers of the committee who are not state employees shall be entitled 

### to eceive compensation as provided in section 59-509(b), Idaho Code: (5) The com ittee by majorityvote shall establish operatingprocedures. The operating p cedures shall be made available for public review. (6) Inthecond t ofitsbusiness, the committeeshall solicitthe advice of, and consult period) ly with cities, counties and persons within the state for thepurposeofrec [ving information or advice thatmaybe helpful in the preparation ofthe pla (7) Employees of the artmentofenvironmental quality, department of water resources and the ansportation department shall assist the committee on a priority basis. (8) The committee shall di band after final approval of the plan by the legislature.

. (9) Uponpetitionto the direct andthedirector'srecommendationto the governor, thegovernorshall appoi a committeein the samemanneras the original committee to amend or rev e the plan.

(10) The committee shall hold its rst meeting as soon as practicable afterconfirmationby the senate. [I.C., 39-5805, as added by 1985, ch. 113, § 1, p. 220; am. 2001, ch. 103, § 51, p.

Compiler'sDotes. Section 50 ofS.L. 2001, ch. 103 is compiled as § 39·5803.

39-5806. Statehazardouswaste sitingm nagement plan

- Preparation

- Inclusions

- Studies

- Public h Ings

- Summary

­ Amendments

- Recommendation.

- (1) Not ater than January 1, 1987, the committee shall prepare a state hazardous waste siting management plan. (2) The plan shall: (a) Provide for a reasonable geographic distribution 0 azardous waste treatment, storage, or disposal facilities to meet existin and probable. future needs. (b) Be based upon location ofgenerators, health and safety, conomics of transporting, types of waste and existing hazardous waste eatment, storage, or disposal facilities.

ity, (c) Include necessary legislative, administrative and economic nisms, a timetable to carry out the plan. (3) Thecommitteemay instructthe departmentofenvironmental qu the department of water resources and the transportation department complete studies as considered reasonably necessary for the completion 

# e

'­ man



### 3.1·

. 091 HAZARDOUS WASTE FACILITY SITING 39-5812

39-5808. Siting license required. - No person shall construct, expand, enlargeor altera commercial hazardouswaste disposal, treatmentor storage facility or anyon-site land disposal facility for wastes listed pursuant to section 201(d)(2) and (e), as modified by section 209 of "The Hazardous and Solid Waste Amendments of 1984," as enacted by the U.S. congress, without a siting license from the department. The owner or operator ofthefacility or site ratherthanthebuildershallbe responsible for obtaining the license. Facilities exempted from permitting under the provisions of section 39-4409, Idaho Code, shall not require a license under the provisions of this chapter. [I.C., § 39-5808, as added by 1985, ch. 113, § 1, p. 220.]

p . - The directormayissue permits undertheprovisionsofchapter44, title 3 , Idaho Code, or licenses pursuant to this chapter, for existing or proposed ardouswastetreatment,storageor disposal facilities and other authorized op tions before the adoption of the plan by the committee. 

## u.c., § 39-5809. a dded by 1985, ch. 113. § 1. p. 220.1

39-5810. Licenses

- suance after adoption ofplan.

- After the plan has been adopted by t committee, the director shall not issue a license under the provisions of 

### t . chapter for a hazardous waste treatment, storage or disposal facility unt he director has made a determination that the action is consistent wit the adopted hazardous waste management plan. The director may exemp asses or categories ofhazardous waste treatment, storage or disposal faci ies from complying with the hazardous waste management plan if the exem .on is in the public interest and consistent with state and federal law. Ifth 'rector exempts classes or categories of hazardous waste treatment, stora or disposal facilities from complyingwiththehazardouswastemanagement ,rules and regulations shall be promulgated in compliance with chapter title 67, Idaho Code, specifically indicating the exemption. [I.C., § 39-5810,



### , 

# . 39·5811. Expansion, enlargement or alteration of treatment, storage, or disposal facility

- Review

- Siting licenses. (1) A hazardous wastetreatment, storage, or disposal facility in existence on July 1, 1985, shall not require a review under the provisions of this chapter.

(2) The expansion, enlargement, or alteration of a hazardous waste treatment, storage, or disposal facility in existence on July .1, 1985, constitutes a new proposal for which a siting license is required. [I.C., § 39-5811, as added by 1985, ch. 113, § 1, p. 220.]

meetings, s A site review panel shall be established to insure public input in the licensm and to recommend to the director conditions which should be included in t e

.. icense. Such conditions may include measures to mitigate public concerns for t e t es of 

# e

,->

93 HAZARDOUS WASTE FACILITYBITING 39-5813

ticularsitinglicense applicationsubjectto theirreview is approved. or un
. the application is rejected and is no longer subject to their review. (4) member appointed as the representative of the state from the departmen all be chairman ofeachpanel and shallnotify thecity council ofthe nearest' and theboard ofcountycommissioners of a sitinglicense applicationfiled the department. andshallinstructthecity and county to appoint the necess representatives to a panel. The chairman shall be
8 nonvoting member 0 he panel except when the chairman's vote is necessary to break a tie vo (5) Six (6) ofthe ten (0)me ers ofthepanel shall constitute a quorum for the transaction ofbusiness 0 e panel and the concurrence of six (6) members of the panel shall consti e a legal action of the panel. All meetings ofthepanelshallbe conducted law.

. (6) The director shall make staffavailable out its responsibilities.

(7) Members ofthepanel who arenotstateemploy s shall be entitled to receive compensation as provided in section 59-509(b). aho Code. [I.C.• § 39-5812. as added by 1985, ch.**113~** § 1, p. 220; am. 1987. . 103. § ·2. p. 207; am. 2001. ch. 103. § 53, p. 253.]

Compiler's Dotes. The Hazardous and Sections 52 and 54 ofS.L. 2001, ch. 03 are Solid WasteAmendments of 1984, referred to compiled as §§ 39·5806 and 39-6203, re ecin subdivision (IXc), are compiled as 42 tively. U.S.C. § 6901 et seq.

Section 1 of S.L. 1987, ch. 103 is compiled rsuantto the stateopenmeeting·

39-5813. Siting license application

- Fee

- Rules and regulations.

- (1) An application for a siting license shall include: (a) .The name and residence ofthe applicant; (b)

.The location of the proposed hazardous waste treatment, storage. or disposal facility; (c) Engineeringor hydrogeologicinformation to indicate compliance with technical criteria as adopted in the hazardous waste management plan if applicable; (d) A description of the types of wastes proposed to be handled at the facility; Ce) Information showing that harm to scenic. historic, cultural or recre­ ational values is not substantial or can be mitigated; (f) Information showing that the risk and impact of accident during transport ofhazardous waste is not substantial or can be mitigated; and (g) Information showing that the impact on local government is not adverseregardinghealth. safety. cost and consistencywith local planning and existing development or can be mitigated.

shall determine whether It IS c ot complete, the director95 HAZARDOUS WASTE FACILITY SITING 39-5814

hat the license be issued or denied. The draft license submittal shall be

ade within sixty-five (65) days after a complete application,is received. ) Iftechnical criteria as adopted in the hazardous waste management plan are applicable, the director shall determine if the proposed facility compl s with the criteria. Such determination shall be made'within forty-fi (45) days after a complete application is received. Ifthe technical criteria a not met, the director shall deny the license and the panel shall be disband

. Ifthe technical criteria are met, the director shall submit 

### to the panel a raft-site license which includes conditions regarding the technical crite .a 

### to be met. These conditions may be more stringent than those in the pia if warranted by information provided in the application. The draft license may also include additional conditions based on the information submit d in the application regarding the construction of the facility. The director all also recommend to the panel that the license be issued ordenied. The dial or draftlicense submittal shall be made within sixty-five (65) days afte a complete application is received. The director shall immediately notify tl applicant and the chairman oithepanel.ofthe denial or draft license subm tal.

(5) Within ten (10) days aft submittal of a draftlicense, thepanel shall meet to review and establish a . etable for the consideration of the draft site license.

(6) The panel shall: (a) Set a date and arrange for pub 'cation ofnotice ofapublic hearingin
a newspaperhaving major circulatio in the vicinity oftheproposed site, at its first meeting. The public notice hall:

(i) Contain a map indicating the 

### 10 tion of the proposed hazardous waste treatment, storage, or disposa facility, a description of the proposed action, and the location wher

.the application for a siting license may be reviewed and where copies ay be obtained; (ii) Identify the time, place and location for he public hearingheld to receivepublic commentandinputon the appli tion for a sitinglicense; (b) Publish thenotice notless than thirty (30) da before the date of the public hearing and the notice shall be, at a minimu ,a twenty (20) days' notice as provided in section 60-109, Idaho Code. ' (7) Comment and input on the proposed hazardous aste treatment, storage, or disposal facility may be presented orally or i public hearing, and shall continueto be accepted in writing fifteen (15) days after the public hearing date. (8) The panel shall consider, among other things: (a) The risk and impact of accident during the transportation
ous waste; (b) The risk of fires or explosions from improper treatment, stor disposal methods; (c) The impact on local units ofgovernment where the proposed haz dous waste treatment, storage, or disposal facility is to be located in te ,ofhealth, safety, cost and consistency with local planning and existing -d'

. . e, or97 HAZARDOUS WASTE FACILITY SITING 39-5819

ch. 113, § 1, p. 220, was repealed by S.L.

, 1987, ch. 103, § 5. approval ofsitinglicense application

- Timetable for consideration ofproposedfacility

- PublichearingNotice

- Comment and input

- Municipal impact

­ Considerations

- Advice. [Repealed.]

39-5816. Local 

### restric

. ns on hazardous waste treatment, storage, or disposal facility con 

### uction. -'An ordinance, permit requirement or other requirement of a ity or county shall not prohibit the construction of a hazardous waste tre ment,'storage, or disposal facility in that cityor county. [I.C., § 39-5816,**~s** a ed by 1985, ch. 113, § 1, p. 220.J

39-5817. Coordination and integration 'th state and federal law.

- The director shall coordinate and integra the provisions ofthis chapter for purposes of administration and enforcem t with appropriate state and federal law. [I.C., § 39-5817, as added by 19 220.J

39-5818.

- (1) the Information obtained

- Public record. provided in subsection (2) of this section, information obtained b department under the provisions of this chapter shall be deemed to be

(2) Apersonregulatedundertheprovisions ofthischaptermaydesignate
a record, sitelicense application, otherinformation, or a portion of a record, sitelicense application, or otherinformation furnished to or obtained by the departmentor itsagents, asbeingonlyfor theuseofthedepartmentandthe panel. The material shall then be subject to disclosure according to chapter 3,title 9, IdahoCode. [I.C., § 39-5818, as addedby 1985, ch. 113, § 1, p. 220;
am. 1990, ch. 213, § 49, p. 480.]

Compiler's notes. Sections 48 and 50 of vided that §§ 3 through 45 and 48 through S.L 1990, ch. 213 are compiled as §§ 39-5403 110 of the act should take effect July 1, 1993 and 39-6208, respectively. and that §§ 1, 2, 46 and 47 take effectJuly 1,

Section 111 of S.L. 1990, ch. 213 as 1990. amended by § 16 of S.L. 1991, ch. 329 promen. The department may certify a city, county or health district to administer force portions of this chapter and chapter 44, title 39, Idaho Code, but only e extent consistent with obtaining and maintaining authorization of the s 'hazardous waste management program pursuant to section 3006 of title I e solid waste disposal act. Certificationprocedures shall be establishedby t artmentby rule [rules] and regulations. The director may rescind certification therequest ofthe certified city, county, or health district, or after reaso notice and hearing, if the director finds that a city, county, or health dist

. not