EPA APPROVED IDAHO STATUTORY REQUIREMENTS
 

APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM
 

MARCH' 2004
 

Idaho Code containing the General Laws of Idaho Annotated, Title 39, Chapter 44, 

"Hazardous Waste Management", published by the Michie Company, Law Publishers in 2002. 

State citation Description Page 

39-4402 Legislative findings and purposes. 2 

39-4403 

(except 39-4403(6)&(14)) 

Definitions (except for "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 

prior to the date that the State program is authorized. 

8-9 

39-4409(4) 

. (except first sentence) 

Permit review every five years. 9 

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

this provision. 

9 

39-4409(6) Permit may be revoked. 10 

39-4409(7) Department may issue a variance from the requirements of the rules 

and regulations. 

10 

39-4409(8) Department may issue a research, development, and demonstration 

permit. 

10 

39-4411(2) Reporting requirements for generators, transporters, and owners 

and operators of treatment, storage, and disposal facilities. 

13 

39-4411(4) Generator required to submit an annual written report to the 

Department. 

13 

39-4411(5) Operator of hazardous waste disposal facility required to submit an 

annual written report to the Department 

13 

39-4423 

(except 39-4423(3)(a)&(b)) 

Disposal of restricted hazardous wastes prohibited. 22 

39-4424 Disposal of manifested waste. 23 

. Page 1 of 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 AS AMENDED
 

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
 

TITLES 39 (44-83), 40 

~~MICHIE
 
e.. l. PUBLISHER'S NOTE 

Since the publication in 1998 of Replacement Titles 39 (44-83), 40 many 

laws have been amended or repealed and many new laws have been enacted. 

The resulting increase in the size of the cumulative supplement for Titles 39 

(44-83), 40 has made it necessary to revise this volume. Accordingly, 

Replacement Titles 39 (44-83),40 is issued with the approval and under the 

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 of Appeals, and the 

appropriate federal courts, posted on lexis.com as of March 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 of Attorney General, 2001-3 

Following is an explanation of the abbreviations of the Court Rules used 

throughout the Idaho Code. 

I.R.C.P. Idaho Rules of Civil Procedure 

I.R.E. Idaho Rules of Evidence 

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 Court Administrative 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, 

or email usatcustomer.support@bender.com. 

e iii 

\. 
e 

C	 HEALTH AND 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 

ACT, 76. PuBLIC WATER SYSTEM LoANs, §§ 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.INoooR AIR, §§ 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 of hazardous 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 of hazardous wastes. 39-4415. Violations constituting misdemean39-4408. Unauthorized treatment, storage, ors. release, use or 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's notes. For words "this act," 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 of state or 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 of environmental quality. 

(2) "Commercial hazardous waste facility or site" means any hazardous 

waste facility whose primary business 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 Idaho department ofenvironmental 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 any hazardous 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 ht does not include any subsequent 

changes to the weight resulting from the manage b the 

(7) "Generator" means any person, who by virtue of ownership, 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 of wastes of a solid, 

liquid, semisolid, or contained gaseous form which, because of its 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 

improperly treated, stored, disposed of, or managed. Such wastes include, 

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 irrigation return 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 of hazardous 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 appear to be 

compatible and have been compiled together. 

The amendment by ch. 103, § 45, substituted "environmental quality" for "health and 

welfare" throughout the 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 of S.L. 1986, ch. 324 is compiled 

as § ::;9-4423. 

Section 2 of S.L. 1989, ch. 253 is compiled 

as § 39-4424. 

Section 2 of S.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. 

that the state of Idaho enact and carry out a hazardous waste program that 

will enable the state to assume primacy over hazardous waste control from 

the federal government. 

The legislature finds that the RCRA, as amended, 42 U.S.C., section 6 1 

et seq., and federal regulations adopted pursuant thereto, establish c 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 of all of the regulations which have been or will b established under 

RCRA. However, by the provisions of this chapter, t egislature desires to 

avoid the existence of duplicative, overlappin r conflicting state and 

federal regulatory systems. 

Therefore, the board is directed to prom ate rules which are consistent 

with RCRA and the federal regulations opted by the administrator of the 

United States environmental protec . n agency to implement RCRA. Farmers and ranchers who treat, stor , or dispose of waste pesticides from their 

.operations on lands owned 0 ontrolled by them shall not be required by 

board rules to do anything ore than follow the instructions on the pesticide 

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 statutes without showing that those rules are required 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 

waste facility or site. [I.C., § 39-4405, as added by 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 of director. - 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 of hazardous waste management in 

this state; 

(3) Shall develop; publi ,and revise as necessary a plan for the safe and 

effective management of ha 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 

implied from the other sections 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 of hazardous w tes. - (1) The board shall 

establish criteria for determining if any 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 of a public hearing, list as hazardous any wast or combination of 

wastes determined to be hazardous by the United State environmental 

protection agency. To accomplish this goal, the board may ado by reference 

the regulations containing the lists of hazardous wastes an the set of 

characteristics for identifying hazardous wastes promulgated by e United 

States environmental protection agency pursuant to RCRA. The bo d shall 

update the regulations 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 authorized by 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 of existing 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 issuing permits to the described facilities 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 at the facilities and 

sites; 

(c) Contractual commitment or nsent to each facility or site from all 

holders of interests 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 8r the 

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 

promulgated pursuant to it and improvements in technology. Permits issued 

to hazardous waste facilities and sites by the department prior to the 

effective date ofthis chapter shall be reissued to conform with the provisions 

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 seeking the permit, regardless of 

the time when the waste was placed in such unit. Permits issued from 

November 8,1985, until the effective date ofthis provision 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 appear to be 

compatible and have been compiled together. 

The amendment by ch. 7. in the first sentence of subsection (5). inserted "issued"; and 

added subdivision (8)(d). 

The amendment by ch. 259. in subdivision 

(2)(b). inserted "existing interim status surface impoundments"; and in the first sentence 

of subsection (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. 

promulgate hazardous waste transportation rules and regulations to control 

e intrastate and interstate transportation offederally regulatedtypes and 

qu tities of hazardous waste. The rules and regulations shall be consistent 

with e rules and regulations issued by the United States department of 

transp ation and the United States environmental protection agency. The 

rules an egulations shall also be consistent with the rules and regulations 

'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 that case the board shall confer with the commission and endeavo 0 develop mutually acceptable transportation rules and 

regulations. If mutu 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) The hazardous waste trans rtation rules and regulations shall apply 

to all transporters of federally regu ted types and quantities of hazardous 

waste generated either by themsel s or by others. These rules and 

regulations shall apply to any movemen of a regulated quantity of hazardous 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 of hazardous 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 by 
13 HAZARDOUS WASTE MANAGEMENT 39-4411 

(0 Cf'iie 1'10\l isiol1 of 1ele, 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 of a 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 of each 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 remaining in storage at the 

end of the 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) Effective January 1, 1996, the operator of each commercial hazardous 

waste disposal facility or site in the state shall, no later than 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 of wastes 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 of such 

wastes shipped for tr ent and disposal by landfilling or other means of 

disposal, the types and quan l' f such wastes remaining in storage at the 

end of the most recent reporting pe' and the types and quantities of 

hazardous waste generated outside this state hipped into this 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's notes. 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 any person is in violation of any provision of this chapter or 

any permit, 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 ENFORCEMENT ACTIONS. 

(a) Notice. The di ctor may commence an administrative enforcement 

action by issuing a itten notice of violation. The notice of violation shall 

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

of the 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 of receipt of the 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 department wit in fifteen (15) days of the receipt of 

notice, the recipient shall be entitled 0 a compliance conference. The 

conference shall be held within twenty ( ) days of the date of receipt 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) of this 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 of the alleged violation and, where a ropriate, to present 

a proposal for remedying damage caused by the aile d violation and for 

assuring future compliance, If the 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. The consent order may include a provision for pent of any 

agreed civil penalty. 

(d) Effect of Consent Order. A consent order shall be effective i ediately 

upon signing by both parties and shall preclude any civil enfi cement 

action for the same alleged violation. If a 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 relief as authorized in this chapter. 

(e) Failure to Reach Agreement on Consent Order. If the parties canno e 

\ 
17 HAZARDOUS WASTE MANAGEMENT 39-4414 

ny provision of this chapter or with any rule, regulation, permit or order 

omulgated hereunder, and for any relief or 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 of the county where a civil enforcement action may 

arise. 

(B) ACTIO S AGAINST GUARANTORS. If the owner or operator is in 

bankruptcy, reo anization or other arrangement pursuant to the federal 

bankruptcy code, r where jurisdiction cannot be obtained over an owner or 

operator likely to e solvent at the time of judgment, an action may be 

brought directly aga st a guarantor of financial responsibility by the state 

or any injured party any claim arising from conduct for which guarantees of financial respon ibility have been made. The guarantor may 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 of this 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's notes. 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 the purpose of complying wit the provisions 

of this chapter shall be liable for a civil penalty not to exceed en thousand 

s

0 

civil

te : 

dollars ($10,000) for each separate violation 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 in 
19 ~DOUSWASTEMANAGEMENT 39-4416 

aste facility or site which is established or operated in violation of this 

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 EMERGENCY ACCOUNT. All 

moneys ollected by the department pursuant 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 

emergency a ount created by 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 constituting misdemeanors. - (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 of complying with the provisions of this 

chapter shall be guilty of a .sdemeanor and subject to a fine of not more 

than ten thousand dollars ($10, 00) or to imprisonment not to exceed one (1) 

year, or to both, for each separa violation or for each day of a continuing e­ violation. 

l (2) Any person who knowingly lates any provision of this chapter or 

any permit, standard, regulation, con [tion, requirement, compliance agreement, or order issued or promulgate pursuant to this chapter shall be 

guilty of a misdemeanor and subject to a ne of not 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 may be commenced and prose uted by the attorney general. 

The director shall not be 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 that person's own behalf against any person leged to have 

committed the violation. A person commencing an action unde this section 

shall be required to file a bond or equivalent security in an amo t not less 

than one thousand dollars ($1,000) or in conformance with the req irements 

of rule. 65(c) of the Idaho Rules of Civil Procedure if injunctive lief is 

sought. 

(2) No action may be commenced under subsection (1) ofthis section 1 the 

department has commenced and is diligently prosecuting an administrati 

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 of S.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, 

1984. ch. 205, § 3, . 502; am. 1986, ch. 231, effective July I, 1999. 

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 of county 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. Interstate co eration. - The director shall have the power 

and the duty to encourage c perative activities between the department 

and other states for the improv d management of hazardous wastes, and so 

far as is practical, to provide for iform state regulations and for interstate 

agreements relating to hazardous aste management. The state may enter 

into such agreements with other sta s to accomplish the purposes as set out 

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 

because the employment testifies, provides in rmation or otherwise assists 

in the enforcement or administration of the pr .sions of this chapter. 

(2) Any employer who knowingly violates the ovisions of subsection (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, or by the common law. [I.C., § 39-4420, added by 1983, ch. 

154, § 1, p. 416.] 

39-4421. Good samaritan protection. - (1) Notwi standing any 

provision oflaw to the contrary, no person who provides assis 

in mitigating or attempting to mitigate the effects ofan actual 

leakage, seepage, or other release of hazardous waste, or in 

cleaning up, or disposing of or in attempting to prevent, clean up dispose 

of any such leakage, seepage or other release, shall be subject 0 civil 

liabilities or penalties of any type. 

(2) The immunities provided in subsection (1) of this 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 other release and who would otherwise be 
23 HAZARDOUS WASTE MANAGEMENT 39-4427 

39-4424. Disposal ofmanifested 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 

produce heat is otherwise lawful. [I.C., § 39-4424, as added by 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 of the 

health safety of the public by monitoring the receipt and handling of 

hazardous asteswhich have been transported by common carrier. 

(2) All em oyees of the department designated pursuant to subsection 

(1) of this 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 issued pursuant to section 67-2901A, Idaho 

Code. 

(3) All actions brough or violations of the provisions of this chapter or 

rules promulgated pursuan hereto shall be brought as provided for in this 

chapter. All actions brought fo violations of the provisions of title 49, Idaho 

Code, shall be brought as providin that title. [I.C., § 39-4426, as added by 

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 after January 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 of every commercial hazardous waste disposa acility or 

site permitted under section 39-4409, Idaho Code, the lowest appli ble fee 

for each ton of waste 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 This section was 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 hazardous waste as defined by 40 CFR section 

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, calendar month, shall be subject to 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 , subject to an annual fee of seven hundred 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, his section shall not apply to generators who: 

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 generator generating waste during calen­ direct of the department, an inability to pay 

dar year 1998, there is imposed a generator all or a ortion of the fee. 

fee to be remitted to the department of health "(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 

department of health and welfare no later than thirty (30) days a r the end 

of calendar 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 of the director of the 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 of business of the owner or operator of a 

zardous waste facility or site where hazardous wastes are disposed and 

in ct the premises, the records required to be kept under this chapter, and 

the azardous wastes or other chemicals contained therein, to determine 

whet r or not all the applicable provisions of sections 39-4427 and 39-4428, 

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. If the department, or any of its authorized agents or 

employees is u reasonably denied free access or is unreasonably hindered or 

interfered with. making the examination of a hazardous waste facility or 

site, that hindran ·e or interference shall constitute grounds for suspension 

or revocation of the acility or site's permit by the director ofthe 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, Idaho Code, a they now exist or as they may 

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 and be for acts, omissions, delinquencies, nd requirements under 

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, Idaho Code, as they no exist or as 

they may subsequently be amended, shall apply and be availa Ie to the 

department of environmental quality for the enforcement of the co ercial 

disposal fee and for the assessment and collection of any amoun due 

thereunder. Said sections shall, for the aforementioned purposes, be co sidered part of this 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 

GENERAL LAWS OF IDAHO
 

ANNOTATED
 

ORIGINALLY PUBLISHED BY AUTHORITY OF
 

LAWS 1947, CHAPTER 224
 

REPUBLISHED BY AUTHORITY OF
 

LAWS 1949, CHAPTER 167 AS AMENDED
 

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
 

TITLES 39 (44-83), 40 

~MICHIE
 
PUBLISHER'S NOTE 

Since the publication in 1998 of Replacement Titles 39 (44-83), 40 many 

laws have been amended or repealed and many new laws have been enacted. 

The resulting increase in the size of the cumulative supplement for Titles 3~

(44-83), 40 has .made it necessary to revise this volume. Accordingly,' 

Replacement Titles 39 (44-83),40 is issued with the approval and under the 

direction of the 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, through later publications. . 

This publication contains contains annotations taken from decisions of 

the enacted by the Idaho Supreme Court and the Court of Appeals, and the 

appropriate federal courts, posted on lexis.com as of March 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 of the abbreviations of the Court Rules used 

throughout the Idaho Code. 

I.R.C.:P. Idaho Rules of Civil Procedure 

I.R.E. Idaho Rules of Evidence 

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 Court Administrative Rules
 

IAR. 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, 

or email usatcustomer.support@bender.com. 

111 
87 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 existing hazardous waste management act permitting process 

as set forth in section 39-4409, Idaho Code. The site license is a preliminary, 

general review which is not based on the type of specific, detailed technical 

information required for the hazardous waste management act permit. 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 site review panel created in section 39-5811, Idaho 

Code. 

(2) "Committee" means the state hazardous waste management planning 

committee created in section 39-5805, Idaho Code. 

(3) "Department" means the department of environmental 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 of the 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 hazardous waste, as defined by rule, is intentionally placed into 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) "Hazardous waste management" is defined in section 39-4403, Idaho 

Code. 

(11) "On-site" means on the same or geographically contiguous property 

which may be divided by a public or private right-of-way ifthe 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 of property owned by the same person but connected 

by a right-of-way which the owner controls and to which the public does not 

have access is also considered on-site property. 

(12) "Operator" means the person responsible for the overall operation of 

a disposal, treatment or storage facility with approval of the director either 

by contract or permit. 

(13) "Person" is defined in section 39-4403, Idaho Code. 

(4) "Plan" means the state hazardous waste management plan prepared 

under the provisions of section 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 ofthe committee shall be elected by the members of the 

commit e and the chairman shall be a voting member of the 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 majority vote shall establish operating procedures. 

The operating p cedures shall be made available for public review. 

(6) In the cond t ofits business, the committee shall solicit the advice of, 

and consult period) ly with cities, counties and persons within the state 

for the purpose ofrec [ving information or advice that may be helpful in the 

preparation of the pla 

(7) Employees of the artment of environmental 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) Upon petition to the direct and the director's recommendation to the 

governor, the governor shall appoi a committee in the same manner as the 

original committee to amend or rev e the plan. 

(10) The committee shall hold its rst meeting as soon as practicable 

after confirmation by the senate. [I.C., 39-5805, as added by 1985, ch. 113, 

§ 1, p. 220; am. 2001, ch. 103, § 51, p. 

Compiler's Dotes. Section 50 ofS.L. 2001, 

ch. 103 is compiled as § 39·5803. 

39-5806. State hazardous waste siting m 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 of generators, 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) The committee may instruct the department of environmental qu 

the department of water resources and the transportation department 

complete studies as considered reasonably necessary for the completion e'­

man 

3.1· 

. 

0 
91 HAZARDOUS WASTE FACILITY SITING 39-5812 

39-5808. Siting license required. - No person shall construct, expand, enlarge or alter a commercial hazardous waste disposal, treatment or 

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 ofthe facility or site rather than the buildershall be 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 director may issue permits under the provisions of chapter 44, 

title 3 , Idaho Code, or licenses pursuant to this chapter, for existing or 

proposed ardous waste treatment, storage or 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 of plan. - 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 of hazardous 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. If th 'rector exempts 

classes or categories of hazardous waste treatment, stora or disposal 

facilities from complying with the hazardous waste management , 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 waste treatment, 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 FACILITY BITING 39-5813 

ticular siting license application subject to their review 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 of each panel and shall notify the city council 

of the nearest' and the board of county commissioners of a siting license 

application filed the department. and shall instruct the city 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) of the ten (0) me ers of the panel shall constitute a quorum 

for the transaction of business 0 e panel and the concurrence of six (6) 

members of the panel shall consti e a legal action of the panel. All 

meetings of the panel shall be conducted 

law. 

. (6) The director shall make staff available 

out its responsibilities. 

(7) Members of the panel who are not state employ 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 Waste Amendments 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 

rsuant to the state open meeting· 

39-5813. Siting license application - Fee - Rules and regulations. - (1) An application for a siting license shall include: 

(a) .The name and residence of the applicant;
 

(b) .The location of the proposed hazardous waste treatment, storage. or
 

disposal facility;
 

(c) Engineering or hydrogeologic information 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 of hazardous waste is not substantial or can be mitigated; and
 

(g) Information showing that the impact on local government is not
 

adverse regarding health. safety. cost and consistency with local planning
 

and existing development or can be mitigated.
 

shall determine whether It IS c ot complete, the director 
95 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. 

) If technical 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. If the technical 

criteria a not met, the director shall deny the license and the panel shall 

be disband . If the 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 or denied. The dial or draft license 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 oithe panel. of the 

denial or draft license subm tal. 

(5) Within ten (10) days aft submittal of a draft license, the panel 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 of notice ofa public hearing in 

a newspaper having major circulatio in the vicinity of the proposed 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 hearing held to 

receive public comment and input on the appli tion for a siting license; 

(b) Publish the notice not less 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 continue to 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 of government where the proposed haz dous waste treatment, storage, or disposal facility is to be located in te 

,of health, safety, cost and consistency with local planning and existing -d' . . 

e, or 
97 HAZARDOUS WASTE FACILITY SITING 39-5819 

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

, 1987, ch. 103, § 5. 

approval of siting license application - Timetable for 

consideration of proposed facility - Public hearingNotice - 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 city or 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 of this 

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) A person regulated under the provisions of this chapter may designate 

a record, site license application, other information, or a portion of a record, 

site license application, or other information furnished to or obtained by the 

department or its agents, as being only for the use of the department and the 

panel. The material shall then be subject to disclosure according to chapter 

3, title 9, Idaho Code. [I.C., § 39-5818, as added by 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 effect July 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. Certification procedures shall be established by t artment by rule [rules] and 

regulations. The director may rescind certification the request of the 

certified city, county, or health district, or after reaso notice and 

hearing, if the director finds that a city, county, or health dist . not