EPA Docket Number:

EPA-RIO-RCRA-2011-0973

2012 Codification

EPA - Approved

Idaho Statutory and Regulatory Requirements

Applicable to the

Hazardous Waste Management Program

July 2012
t
EPA APPROVED IDAHO STATUTORY REQUIREMENTS

APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM

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

39-4403

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

2" `^ and 3 ''`j sentences of

(17))

Definitions (except for "Gate ton", "PCB waste" and

"Restricted hazardous waste".)

3-5

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

hazardous waste prohibited.

8

39-4409(1)

(except 4 ` ^ ' and 5th

sentences)

Permit required for hazardous waste treatment, storage or

disposal facilities.

8

39-4409(2)

(only 1" 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.

S-9

39-4409(4)

(except 1'' sentence)

Permit review every 5 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(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 report to the

Department.

13

39-441 1(5) Operator of hazardous waste disposal facility required to

submit an annual report to the Department.

13

39-4423(1) Disposal of restricted hazardous wastes prohibited. 22

39-4424 Disposal of manifested waste. 23
(
C

2010

CUMULATIVE

POCKET SUPPLEMENT

IDAHO 'CODE

Compiled Under the Supervision of the

Idaho Code Commission

RICHARD F. GOODSON

R. DANIEL BOWEN THOMAS A. MILLER

COMMISSIONERS

MAX M. SHEILS, JR.

EXECUTIVE SECRETARY

TITLES 39(44-89), 40

Place this supplement in the pocket of the corresponding

volume of the set

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5042227

ISBN 0784),-67-2:8: 888-:0 (Set)

ISBN 978-A-.32'7 43977-8

(Pub.43205)
I

TITLE 39

CHAPTER44, HAZAE.nous WASTE M.ANAGi MR T, § 39-

4427. .

Tim MEDICAL CONSENT AND NATURAL DEATH

Am, §§ 39-4501 - .39-4515.

46, .., O,DEvEwP NTAL 1104BIL.rp.Es SPaVIcEa

FACii;rrlEsAcr, §§ 39-4692, 39-4604.

r1o1v; §§ 34803 Y4 39-4805.

E'quAZ, a . Turn lids DisI D HolmMAKER A.a §§ 30-5901,, 39,5004.- 39-

5008.

51. FA^r ST-.Tiro AND 1N-Hoass AsaisTAla'cs,

§ 39-5102,

53. Aouu'P AsusE, N ECT Mr> Ex1^LOrrATioif

Ate', .if 39-53P%

55., Cr.EAN INDaog AIx§ §. 55Q1- 39-5504,

39-5506, 39-5507, 39-,11,

56. Pic eSEIli1 .:, §§ 3915601

= 395603, 39-5606"--- 3• ..609.

PREVENTION OF MINORS' ACCESS ' TOBACCO,

§§ 39.6702, 39-5710, 39-57 -- 39-

5718.

59. IDAiio R'ii I E.AI,m CARE Acokss

§§ 39-5903 -7.39,5905, 39-5909.

Ci LIrII^N'a Mugu ,F D, § 39-6Q07.

IDAi10 CONRAD J-l VISA WAIVER AND NA- .

TI©NAL INTEREST WAIVER PROGRAMS, §§ 39-

6101 - 39-6118.

62. PCB WAera TSFosAL. iREpEA.L p.J

63. DpMESTia VioLi5NcE CRII,E P1av NnoN,

1§ 39-6303, 39-6306, 39-6306A, 39-

6318.

64. CLEAN. LAxEs Acr. (REPEALED.]

65. WASTE TIER DIsros, i., §§ 39-6501 - 39-

6508.

66, BIG PAYETTE LAKE WATER QUALITY ACT,

§ 39-6609.

CiIAP7'ER.

67. TRE'Asu VALLEY AND REGIONAL ASR QUALTTY

Colima, ACT, §§ 39-6701 .-39-6717;

70. SALE_ AI DISPOSAL OF. BATTERIES, § 39-

7003,

71. HAZARDOUS SUBSTANCE EMERGENCY RESPDNSR

Acr; §§ 39-7102 394104, 39-7109 ---

39-7112.

72. IiIAno .LAZED R.E. D1Ar1oN Acr, §§ 39-7202,

33- 2113, 39-7205, 39=7211.

74^ IDAHO Sotm WASTE-FAearr S& Aar; §§ 39-

7,403, 39-7415, 39-7421,

78. ToMACCO NASTSt1_ Smarr aA4R&SA'!$ATr,

§§ 39-7802 - 39-7805. .

S4: UiIrnoRi,^ PU ue Scaooi, "B1iILC+h^a SAFLIT,

§§ 39-8005, 39-8006A - 394008, 39-

8010, 39-8011.

81. BASIN ENVIRONMENTAL IMPROVE^1$NT ACT,

§ 39-8106.

82, Rollo SAFE. HAITI; Acr, §§ 39-8201 ---

39-.8207.

83. Gramm TEsTrsfo PRIVACY Aar, §§ 39-8301

--- 39-8304.

84. 1bBAcco MASTER PETTLEMEEN'r AGREWENT

COMPLEMENTARY Acr, §§ 39-8401 - 39-

8407.

85. LA= PEND OREIu•E, PENIS Chitar s" RATE,

PRIESTLAICS AND .NEST RIVER CoMaiIssloti,

§§ 39-8501- 39-8504.

8 IDAHO ELEVATOR SAFETT Cobs Acr, §§ 89-

86011--39-8623,

87. O. COMMONSENSE CoNFr1U.IpTION ACT,

39-8701 - 39-8706.

88. UNDERGROUND STORAGE TANK Acr,

§§ 8801 - 39-8812.

89. R ouc- • , Cio,yurria, IoNrrioN PROPRNRI Y,

§§ 39-5 1- 39-8311.

90. IDAHO HEAL = IIMAcr, §§ 39-9001--

39-9004.

57.

60.

61.

39-4427. Commercial disposal fees, - (1) There is imposed + the

owner or operator of every commercial hazardous, waste disposal facilit or

site permitted under section 39-4409, Idaho Code, the lowest applicable

fox each ton" -of waste or fraction thereof, as follows:

(a) Thirty dollars ($30.00) per gate ton or fraction thereof for all hazard-

(utT Iva. D cLa defined by IICRA or acction 38 4407, Idaho Cadk

I
subject

become re hazardous debris, (iii) are hazardouswastes

atlon solely. as a result of a removal or remedial action

(b) Twenty-five dollars ($25.00) per gate ton or fraction thereof for all

manifested wastes not otherwise defined in this subsection;

c) Two dollars ($2.00) per gate ton or fraction thereof for all manifested

= ediation wastes not otherwise defined in this subsection;

Twenty dollars ($20.(}0) per gate ton or fraction thereof for the first

two ousand five hundred (2,500) gate tons or less of wastes received

y or site from the same site, property or hazardous .waste

eat unit if the wastes: (i) are PCBs regulated' ndei- Idaho or

1 and are in concentrations greater than fifty (50) 'parts per

se to environmental contamination; or (iv) are . haardous

$ ,00) per gate tan. or fraction thereof for all wastes

orsi and are from the same site, property or Hazardous

It from corrective action or closure of a regulated or

dogs waste management unit;

+h (d) of this subsection, if the wastes are received by

in an amount greater than two thousand five

gate ton up to twelve thousand five hundred (12,500)

in respo

wastes that re

nonregulated hag

(e) Ten dollars

contained in paregra

the same facility

waste management mu

hundred (2,500)

gate tons;

(f) Five dollars ($5.00) per

contained in paragraph (d) of t

the same facility at site and are

waste management unit in an

hundred (12,500) gate tons up to t

(g) Two dollars and fifty cents ($2.5

all wastes contained in paragraph (d)

received by the same facility or site an

or`hazardouswaste management unit in

five thousand (25,000) gate tons;

(h) Five dollars ($5,00) per gate ton or firm

wastes that: (i) are delisted or treated so tha

hazardous wastes; or (ii) are nonhazardous ra

wastes including materiels from the "Formerly

Action Program (FUSRAPY' sites administered by

United States; or (iii) are PCBs in concentrations las

per million and not otherwise regulated by Idaho or fe

wastes not otherwise defined in this subsection.

(2) The fees set forth in subsection (1) of this section shall

of the following types of wastes:

(a) Wastes generated or 'disposed of by a public 'agency or

operating. a household hazardous waste collection program;

(b)' Wastes generated or disposed. of by any agency of the state

Any waste for which the fees are waived under the provisions

section must be noted as feeswaived waste on'the return required in s

39-4428, Idaho Code, and is subject to all audit provisions of see

39-4429, Idaho Code.

(3) For wastes disposed of by any agency of the state of Idaho at an

commercial hazardous waatc disposal facility or site permitted under

r

(d)

a fact

manage'

federal

million, (ii

ate ton or fraction thereof for all wastes

subsection, if the wastes are received by

om the same site, property or hazardous

ant greater than twelve thousand five

my-five thousand (25,000) gate tons;

per gate ton or fraction thereof for

this subsection,'if the wastes are

re from the same site, property

amount greater than twentyn thereof for all hazardous

the wastes are no longer

ogically contaminated

tilized Sites Remedial

e government of the

hall fifty (50) parts

ral law; or (iv) are
THE MEDICAL CONS NATURAL DEATH ACT 30-4501

ction 39-4409, Idaho Code,. the director, pursuant to a written agreement

h the. direetor,•:the owner Or operator of any such facility or site, may

cre• 't on the return required in section 39-4428, Idaho Code, and in the fee

remit . ed, an amount equal to the actual cost charged by such owner or

operate per gate ton or fraction thereof for the characterization,, collection.,

identific ion, transportation, treatment, storage and disposal of wastes at

such faczf ox site.

§ p. 522; aril. 2(X14, ch. '117, § 1, p. 39 .1.

Compiler'a' Notts Section 2• of S.L. 2004,

cll. 117 declared an emergency. Approved

March 19, 2004.

History.

LC., § 39-4427, e added by 1984, ch. 205,

§ 5, p. 502; am. 199 ch. 251, § 1, p. 735; am.

and redesig. 1999, 290, § 2, p. 718;'am.

2001, ch. 297, § 2, p. 1 72; am. 2002, ch. 176,

C1 JAR 45.

AL CONSENT:AND NATURAL DEATH'ACT

stomp.

39-4501Purposes ---Application. '

89-4502. Definitions.

39-4503. Persons who may consent their

own care.

39-4504. Persons who may give cons to

care for others.

3974505: Blood testing. '

39-4506. Sufficiency of consent .

39-4807. Farm of consent.

39-4508: Responsibility for consent and dock

lamentation.

39-4509. Staterpent, of policy -- Definition.

39-4610. Living will and' durable power of

attorney for health care.

SECTION.

39-4511. Revocation.

39-4512. Execution of Irving will arid-d'urabla

power of attorney for health

care.

39-4512,4. Physician orders for scope of treatment'(POST).

89-4512B, Adherence to physician•orders for

scope of treatment (POST)

protocol.

-45120. Duty to inspect.

3 51:3. Immunity

39 ' .14. General provisiene.

39-4 ` 5. Health care directive: registry,

39-4501. Purposes - Application.

this chapter. are:

(a) To provide and codify Idaho law concerning

of hospital, medical, dental or surgical care, trey

concerning what constitutes an informed consent fo

or procedures; and

(b) To provide certainty and clarity in the law of m

furtherance of high standards of health care"and its rea

proper .cases. -

(2) Nothing in this chapter shall be deemed to amend

provisions of chapter 8 or chapter 4, title 66, Idaho:Code, ,as tho

pertain to hospitalization of the mentally ill, nor the provisions o

title 18, Idaho Code, pertaining to the provision of,examinations,

tions; devices and, informational materials regarding. prevention

nancy or pertaining to therapeutic abortions and.' consent to the perfor

thereof.

(3) Nothing in this chapter shall be construed to permit or require..

provision of health care for a'patient in contravention of the patient's state

or implied. objection thereto-upon religious gro'thds nor shall anything in

.nsent for the furnishing

ent or procedures, and

such care, treatment

r• repeal the

previsions

hapter 6,

rescrippreg-
CC

/
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-S3), 40

^^^IICHIE
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C
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.

To 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 eases, 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.CR. Idaho Criminal Rules

M, C. R. Misdemeanor Criminal Rules

I.F.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,

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iii
I

TITLE 39

46. Inano i -wrusrrrru Eharantrrnm Stamm

AND FAc >: Acr, §# 39-4601 - 39-

4608.

47, Resins Cane S ,cm. [FtarsAt.cn.)

A47. Pattsotuu. CARS S vices. [Amerman en

RIDES ONArsD.)

48. Isoruxrurtot+, 4 39-480 39-4804.

49. IDAHO HEAL.m PLANNING A 11I 39-4801

- 39-4904.

[501 49. Equal. Opeoi rusm rot ctm

Horauxrma Acr, ¢f 09-60011 38-

5009.

51. FAMU.Y Smarr lam bellow Assisnurca,

¢1♦ 39-5100 - 39.5108.

52. Dome= VIOLENCE PROJECT Gamete, 0 39-

6201 - 39-8213.

53. Amu. Aauaa, Natal= AND EXPLOITATION

Acr, If 39-5301 -- 39.5312.

54. Aa'tracw. INSSMme^rtat+, ¢11 39-5401- 39-

5408.

55. Cum Irmoos Ant 39-5501 - 39-5810.

56. Passoxu. Cam Stainers, 0 39-5601 --

89-5609.

57. Pemrmt n4 or Maeoss' Access ro 9bsAcoo,

q 39-5701 - 39-5713.

59. HAWmoUa Wears FAcn.rn Srrnve, 0 38-

5801 --39-5820.

60. IDAxo Rum 131s.i.m CARE Access PsoasAre,

N 39-5901-- 39-5913.

60. CHILDREN'S TRUST FUND, 44 39-6001 --- 39.

8008.

ctu>•tst,

62. PCB Wan Dtsrc&i., 4$ 39-6201 - 39-

6216.

63. Demesne VttsurcS Cams ParvwmoN,

q 39-6301 -- 39-6317.

65. C►.w4 Leas Aar, f$ 39-5401- 89-6413.

66. WAN' Taus DrararAt, 0 39-6501 - 39-

6507.

86. BM PArrrts IAIC1 %TIM QUALM' AM,

q 39-6801- 39-6612.

67 --- 69. (Rtrassvsa.1

70. Seta Axn Dlasoera. or BATS, ¢0 39-

7001 - 39-7004.

71. HAZARDOUS 8tr9smxcs Eusw twy Basrarorar

Am, ¢} 39-7101 - 39-7115.

72. Inexo Luna Rror>munox Acr, ** 39-7201

-- 39-7210.

73. [Rsassvzu,1

74. Iwo So= Wears FAcn,mstt Acr, H 89-

7401- 99-7421.

75. ..MTTON AND MwiCAL AssterAxcs, 4i 39-

• 501 - 39-7505.

76. . DsDnuxo WAIT* SYSTEM IAANS,

¢Q : 7601 -- 39-7606.

'77, V. Hcs-mm CABs PROVIDER LiarUwrr ft ' = 7701 -- 39-7706.

78. Torsacco SETTLEMENT AGRENJIENT,

¢ 39-7801- 7805

79. Loom. Dwnot+ ecserrtes Swam Am,

q 39-7901 - 39-7 6.

B0. Unions Pvauc Smoot &mix

ft 39-8001---- 89-8012.

81. BAsoe ExvmoNStsteraz I Acr,

[[^ 39-8101 -- 394116.

[821 81, Iruxo Sees HAVxN Aar, • • [39-

82011- [89-8207].

183] 81. Mums CAne, *4 139.83011, [3

CHAPTER 44

HAZARDOUS WASTE MANAGEMENT

sec-nose

39-4401. Short title.

39.4402. Legislative findings and purposes.

39-4403. Definitions.

39-4404. Consistency with federal law.

39. 4405. Rules in general.

39-4406. General powers and duties of director.

39.4407. Identification of hazardous wastes.

39-4408. Unauthorized treatment, storage,

release, use or disposal of hazardous waste prohibited.

39-4409. Permit requirements for hazardous

8SCITON.

waste treatment, storage, or

disposal facilities.

39-4410. Transportation of hazardous waste.

39-4411. Records -- Reporting -.- Monitoring.

39-4412. Inspections -- Right of entry.

39-4413, Enforcement procedures.

39-4414. Remedies.

39- 4415. Violations constituting misdemeanors.

39-4416. Citizen suits.

39-4417. Hazardous waste emergency account.

I
39-4401 HEALTH AND SAFETY 2

seenote

39-4417A. (Reserved.)

39-4417B, (Repealed.'

39-4418. Local government notice.

39-4419. Interstate cooperation.

39-4420. Employment security.

39-4421. Good samaritan protection.

39.4422. Severs bility.

39-4423. Dispoeal of restricted hazardous

wastes prohibited.

39-4424, Dietician) of manifested w ate.

39-4428. (Reserved.'

39-4426, Appointment of inspectors.

39-4427. Commercial disposal fees,

39-4427A. (Amended and Redesignated.'

39.44278 . 39-4427D. (Repealed.)

sec-ma

39-4427C. Treatment, storage ar disposal facility fee.

39-44271. Hazardous waste fees - Duplicatio€n.

39-4428. Collection of commercial disposal

fees - Returns.

39-4429. Books and records to be preserved

Entry and inspection by department of environmental

quality.

39-4430. Additions and penalties.

39-4431. Collection and enforcement.

39-4432. Distribution of commercial disposal

fee revenues.

"Hazardous Waste Management Act of 1983, " I.C,, § 39-4401, as added by

983, ch. 154, § 1, p, 416.E

C . .. pi:ler'a notes. The words "this art"

refer , S.L. 1983, eh. 154, * 1 whieh is

emaila 39-,4401 through 39-4422.

Sec. to s . ref. This chapter is referred to

in §§ 9. 342A, 9-8804,39-5809, 39-5819, 39-

7403, 49-2208, -3029D and 63-602CC.

Cited in: ldah• v. Hanna Mining Co., 699

P. Stipp. 827 ID. ld= 0 19871.

Collateral References. Amount and characterietics of wastes as equitable factors in

allocation of response costa pursuant to

1t3(fKl) of Comprehensive Environmental

Response, Compensation, and Liability Act

(CERCL.A), 42 U.S.C.A. § 9613(0(1k multiple

waste streams. 162 A.L.R. Fad. 371.

39-4402. Legial lye findings and purposes. - (1) The legislature

of the State of Idaho de:

(a) That continuing to nological progress, increases in manufacturing,

and the abatement of a and water pollution have resulted in everincreasing quantities of ha : rdoue waste;

(b) That the public health an safety, and the environment, are threatened when hazardous wastes a not managed in an environmentally

sound manner;

(c) That the knowledge and technoto; necessary for alleviating adverse

health, environmental and aesthetic pacts resulting from current

hazardous waste management and disposa +ractices are generally available; and

(d) That the problem of proper management if hazardous waste has

become a matter of great. statewide concern.

(2) Therefore, it is hereby declared that the pm-pea of this act are:

(a) To protect the public health and safety, the health o lying organisms,

and the environment from the effects of the improper, . adequate, or

unsound management of hazardous waste;

(b) To establish a program to track and control hazardous vast- - from the

time they are generated through transportation, treatment, stora_e, and

disposal; and,

(e) lb assure the safe and adequate management of hazardous was s
3 HAZARDOUS WASTE MANAGEMENT 39-4.403

Comps era 1 Applicability of toning regulations to waste

Collateral References. s e, y t facilities of state or local governu on•

atruction of statutes, ordinances, or regale- tat entities. __lling dassla`-"-. _ r _a.._.ri al

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 offaite by

generators other than the owner and operator of the facility.

(3) "Department " means the Idaho department of environmental quality.

(4) "Director" means the director of the Idaho department of environmental 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 wei ; ht does not include any subsequent

changes to the weight resulting from the man •. - . • e waste by the

fan. ilit f. -

(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 et seq., 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.

f
39-4403 HEALTH AND SAFETY 4

(ll) "Injection" means the subsurface emplacement of free liquids.

(12) "Manifest" means a form used for identifying the quantity, composition, origin, routing, waste identification code(s), and destination of hazardous waste during any transportation from the point of generation to the

point of treatment, storage or disposal.

(13) "Manifested waste" means waste which at the point of origin or

generation is required to be manifested for transportation in a manner

similar to that of the federal uniform hazardous waste manifest or by other

manifest requireenenta designed to assure proper treatment, storage and

disposal of such waste.

the definition of "hazardous w contaminated with

(15) "Person" means any individual, association, partnership, firm, joint

stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency, or instrumentality, or any other legal entity which is recognized by law as the subject of

rights and duties.

(16) "RCRA" means the resource conservation and recovery act of 1976 as

amended from time to time.

(17) "Restricted hazardous waste" means a waste or combination of

wastes regulated as land disposal restricted pursuant to federal statutes

and regulations, including 40 CFR part 268.

also includes byproduct, source, special nuclear materials . as or

equipment utilizing such materials regulated w . • e federal atomic

energy act of 1954, as amended. Re - + azardous waste shall not

include radiologically .waste materials from "Formerly Utilized Sites Reme• on Program iFUSRAP)" sites administered by the

Unit as army corps of engineers and being disposed of pursuant to a

(18) "Storage" means the containment of hazardous wastes, on a temporary basis or for a period of years, in such a manner as not to constitute

disposal of such hazardous wastes.

(19) 'Transportation" means the movement of any hazardous waste to or

from a hazardous waste facility or site.

(20) 'Transporter " means any person who transports a hazardous waste

to or from a hazardous waste facility or site.

(21) "Treatment" means any method, technique, or process, including

neutralization, which is designed not to be an integral part of a production

process, but which is rather designed to change the physical, chemical, or

biological character or composition of any hazardous waste prior to storage

or final disposal so as to neutralize such waste or so as to render such waste

nonhazardous or less hazardous; safer to transport, store, or dispose of; or

amenable for recovery, amenable for storage or reduced in volume. Such

term includes any activity or processing designed to change the physical

form or chemical composition of hazardous waste so as to render it

nonhazardous.

(22) ' aste" means any solid, semisolid, liquid or contained gaseous

material for which no reasonable use or reuse is intended or which is
5 HAZARDOUS WASTE MANAGEMENT 39-4404

intended to be discarded. (I,C., § 39-4403, as added by 1983, ch. 154, § 1, p.

416; am. 1984, ch. 205, § I, 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, oh, 291, § 1, p.

1082; am. 1994, ch. 419, § 1, p. 415; am. 2001, eh. 103, § 45, p. 253; am.

2001, ch. 297, § 3, p. 1072.1

Compiler's notes. This section was

amended by two 2001 acts which appear to be

compatible and have been compiled together.

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

welfare" throughout the section; in subsection

t7kb1, 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 J151 of

this section, is compiled as 42 U.S.C. § 6901

et seq.

Section 2 of S.L 1984, eh, 205 is compiled

as § 39-4410.

Section 2 of 5,1.. 1986, ch. 148 is compiled

as § 39-4405.

Section 2 of 5.1... 1986, ch. 324 is compiled

as § ;9.4423.

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

as § 394424,

Section 2 of S.L. 1994. ch. 419 is compiled

as § 39-4427.

Sections 44 and 46 of S,L. 2001, eh, 103 are

compiled as §§ 39 .3638 and 39-4426, reepaetively,

Secfiors 2 and 4 of S.L. 2001, ch. 291, are

Compiled as §§ 39-4427 and 39-4405, respec.

tively.

Crass ref. Inspection of hazardous waste

carriers, penalties §§ 67.2917, 67-2918.

Sec. to see. 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

t - federal government.

legislature finds that the RCRA, as amended, 42 U.S,C., section 6901

et seq., d federal regulations adopted pursuant thereto, establish complex

and detai • provisions for regulation of those who generate, transport,

treat, store, d dispose of hazardous wastes. The legislature cannot

conveniently or •.vantageously set forth in this chapter all the requirements of all of the r !alone which have been or will be established under

RCRA. However, by the -revisions of this chapter, the legislature desires to

avoid the existence of d licative, overlapping or conflicting state and

federal regulatory systems.

Therefore, the board is directe. to promulgate rules which are consistent

with RCRA and the federal regulate. s adapted by the administrator of the

United States environmental protectio ' gency to implement RCRA. Farmers and ranchers who treat, store, or disp e of waste pesticides from their

operations on lands owned or controlled by • •m shall not be required by

board rules to do anything more than follow the i tractions on the pesticide

label and triple rinse empty containers in aecor. -nee with the RCI{A

regulations of the environmental protection agency. e board may not

promulgate any rule that would impose conditions or res irernents more

stringent or broader in scope than RCRA and the RCRA regi : Lions of the

environmental protection agency. The board may, however, : mitigate

procedural rules and rules specifically authorized by this chapter other

state statutes without showing that those rules are required by RCRA a he

regulations of the environmental protection agency; provided that thee
t

39-4405 HEALTH AND SAFETY6

fl

promulgated by the board shall be valid until it is repealed or modified

through the administrative process of chapter 52, title 67, Idaho Code. (1,C.,

§ 39-4404, as added by 1983, ch. 154, § 1, p- 416; am. 1986, ch. 182, § 1, p.

79; am. 1988, eh, 6, § 1, p. 6; am. 1988, ch. 259, § 1, p. 498; am, 1993, ch.

2§ 27, p. 587; am. 1993, eh, 291, § 2, p, 1082.]

Co iter's notes. This section was deleted or regulation" following "Any rule'

amend by two 1993 acts - eh 216, § 27 and substituted "chapter 52, title 67, Idaho

and ch. 2• , § 2 both effective July 1, 1993 - Code

" for "section 87 . 5201, Idaho Cade, at

which do n. conflict and have been compiled seq."

together. The amendment by oh, 291, § 2 in the first

The aetendm °et by ch. 216, § 27 in the first sentence of the third paragraph deleted in

sentence of the stand paragraph added "red- substance" preceding 'consistent with RCRA

era]

" fallowing "69 • et seq., and

"; in the third and deleted a Former second sentence.

paragraph in the event first through the Section 2 of S.L. 1988, ch. 259 is compiled

third sentences delet• • "and regulations" fol- as § 39-4409.

lowing "rules" whereve hey appeared; in the Section 26 of S.L. 1993, ch. 216 is compiled

present fourth sentence .:!eked 'and regula- as § 39-4120, and section 28 was repealed.

tiona" following "rules" in t e first four places Section 3 or S.L. 1993, ch. 291 is compiled

it appears and deleted "rule. and" preceding as § 39-4408.

"regulations of the environme cal protection Section 2 of S,L. 1986, ch. 182, declared an

agency."; and in the present ' h sentence emergency. Approved April 1, 1986.

39-4405. Rules in gene 1. - Pursuant to the procedures established

by the Idaho administrative pry edure act, chapter 52, title 67, Idaho Code,

the board shall adopt such rul- as are necessary and feasible for the

management of the generation, co ection, transportation, treatment, storage, and disposal of hazardous waste- within the state. The board shall also

adapt such rules as necessary to re_ late persons who produce, burn,

distribute, and market fuel containing h: zardous waste. The rules promulgated by the board shall be a part of this • e and shall have the force and

effect of law. Such rules shall include, but nit be limited to:

(1) Criteria for the determination of whethe any waste or combination of

wastes is hazardous for the purposes of this chi ster;

(2) Rules fur those who generate, transport, eat, store, or dispose of

hazardous wastes;

(3) Rules, consistent with those issued by the Unity

s States environmental protection agency and the United States departure of transportation,

for containerization, labeling and manifesting of hazardo. s wastes;

(4) Rules specifying the terms and conditions under w' h the department shall issue, modify, suspend, revoke, or deny such perm s as shall be

required by this chapter;

(5) Lists of those wastes or combinations of wastes whir are not

compatible and which may not he stared or disposed of together;

(6) Procedures and requirements for the reporting of the gene ti©n,

transportation, treatment, storage or disposal of hazardous wastes;

i7) Rules establishing standards and procedures for the training of

personnel at generation sites and at hazardous waste facilities and sites;

(8) Release detection, prevention and correction rules applicable to all

owners and operators of underground storage tanks, as may be necessary' to t.,etect human hcelth and tiie ei,onment;

.`t
7 39-4407

(}

(9) Rules oyctxf,yciFg ea ooctive materials er otherradionctivo materials

occurring naturally that may be disposed of at a commercial hazardous

waste facility or site. 1F.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.)

C. , piler's notes. Sections 1 and 3 ofS.L. Sec. to sec, ref. This section is referred to

1986, • . 148 are compiled its ils 39-4403 and in § 39-4411.

39-4408.

Section of S.L. 2001, ch, 297, is compiled

as § 39.44

39-4406.

(1) Shall t

necessary and

primacy over haz

(2) May conduct

this state;

(3) Shall develop, pu

effective management o

may identify those locati

establishment of hazardous

(4) Shall exercise all powe

implied from the other sections

1983, ch, 154, § 1, p. 416; am.

Compiler's notes, Section 2 of S.L. 1993,

ch. 291 is compiled as 4 39-4404.

394407. Identification of hazardo

establish criteria for determining if any w

hazardous or nonhazardous, for the purpose

(2) The board may adopt, and amend from

hazardous wastes. The board may, with publ

necessity of a public hearing, list as hazardous any

wastes determined to be hazardous by the Unit

protection agency. 'lb accomplish this goal, the board in

the regulations containing the lists of hazardous

characteristics for identifying hazardous wastes promulga

States environmental protection agency pursuant to RCRA.

update the regulations adopted pursuant to this section as

regulatory amendments promulgated by the United States

protection agency, The board may adopt regulations for a state

waste delisting program equivalent to that set forth in 40 Cf,'11

260,20(b) and 260.22. The state delisting program shall provide for

notice and opportunity for comment before granting or denying deli

requests. [1.C., § 39-4407, as added by 1983, ch. 154, § 1, p. 416: am. 19

ch. 291, § 4, p 1082.[

Compiler's notes. Section 5 of S.1. 1993, Sec. to sec. ref. This s e ttles is refcrrsd to

r rye ,,,^4 13 .1411 .J'--t42'

eneral powers and duties of director. -- The director;

e all actions not inconsistent with this chapter as are

asible to enable the department to assume and continue

dous waste management, pursuant to RCRA;

d publish studies of hazardous waste management in

ish, and revise as necessary a plan for the safe and

azardous wastes within this state. Such a plan

in the state which are not suitable for the

aste treatment or disposal facilities or sites;

and discharge all duties expressed in or

this chapter, [1.C., § 39-4406, as added by

3, ch, 291, § 3, p. 1082.1

wastes. - (I) The board shall

to or combination of wastes is

of this chapter.

me to time a list or lists of

notice but without the

waste or combination of

tes environmental

adopt by reference

es and the set of

ed by the United

he board shall

dad to reflect

iranmental

azardous

ections

ubiit:

ng
39-4408 HEALTH AND SAFETY 8

39-4408, Unauthorized treatment, storage, release, use or disposal of hazardous waste prohibited. - (1) No person shall treat or

store hazardous waste, nor shall any person discharge, incinerate, release.

spill, place, or dispose any hazardous waste in such a manner that the

waste, or any constituent thereof, may enter the environment, unless the

department has issued said person a permit or a variance as required for the

specific activity involved or exempted the activity from permit requirements.

(2) Effective six (6) months after the effective date [July 1, 19861 of this

provision, nonhazardous liquids shall not be disposed of in a landfill for

which a permit is required under section 39-4409, Idaho Code, or which is

operating pursuant to interim status granted under section 3005(c) of

RCRA, unless the owner or operator of the landfill demonstrates to the

director that:

(al The only reasonable alternative is placement in a landfill or unlined

surface impoundment which contains or may contain hazardous waste;

and

(b) Placement in the owner or operator 's landfill will not present a risk of

contamination of any existing or potential underground source of drinking

water.

(3) Waste or used oil or other material which is contaminated or mixed

with any hazardous waste, other than wastes identified solely on the basis

of ignitibility, shall not be used for dust suppression or road treatment.

a

(b) Storage of any

such storage is solely for

quantities of hazardous waste as are neces

recovery, treatment or disposal. [LC., § 39-4408, as added

154, I, p. 416; snt. 1386, eh. 148, § 3, p. 4151

Compiler's notes, Section 3O05ic! of Section 2 of S.L. 1956, eh 148 is compiled

RCRA referred to in subsection (2) of this stn $ 39-4405

section is compiled as 42 U.S.C., 0 6925( 0.

39-4409. Permit requirements for hazardous waste treatment,

storage, or disposal facilities. --- (I) No person shall construct, operate,

or modify a hazardous waste treatment, storage, or disposal facility or site

without a permit from the department. The owner or operator of the facility

or site rather than the builder shall be responsible for obtaining the permit.

Permits may contain such conditions necessary to protect human health and

environment. +he--b rm

waste treatment, storage, or disposal facilities from the . eyutrenlent

ifthe exemption is in the public in n. consistent with RURA

requirements. The fact • c ass or category of such facilities is not

require. to a federal permit shall be persuasive evidence that an

(2) Interim status granted by RC:RA or a permit issued by the United

States environmental protection agency prior to the date that the state

osal ofany hazardous waste; and

us waste prohibited from land disposal, unless

of the accumulation of such

'militate proper

y .. h.
}

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.-Th-e-haa'd-cray"

adopt such ruled and regulation as ncccaaary to;

(a) Allow other facilities to qualify for interim status;

b) Require existing interim status surface impoundments, new units,

r• ilacement of existing units and lateral expansions of existing interim

stet facilities to comply with all regulations which apply to new

faciliti and

tc) Prove. = for the termination of interim status.

(3) The boar. shall promulgate rules and regulations establishing the

terms and conditio - : for issuing permits to the described facilities and sites.

The rules and regula na shall provide for, but not be limited to:

(a) Standards and pr ures for the safe operation and maintenance of

the facilities and sites;

(b) Education and training alifications of personnel at the facilities and

sites;

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

holders of interests in the real prope committed to that facility or site;

td) Monetary assurances in such form d amount as are necessary for

effective management, maintenance, and 'a..nitoring of the facilities and

sites during and after operation;

(e) Evidence of financial responsibility for core ive action on-site and

off-site;

(f) Liability insurance in such form and amount is necessary to

compensate for potential damages caused by the fad ies and sites;

provided, that liability insurance shall not be required in t event that

liability insurance is not required by the federal regulation adopted

pursuant to the RCRA;

(g) Emergency equipment and emergency response plans appropria - to

the facilities and sites;

(h) Public participation in the permitting process consistent with 42

U.C.C. eecti„n CO74rb),

^ua^.seu uasi PV 1, ,.1,1 , ^ll,tl,zt*tt s-r-. tcr- 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 of this 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 of this provision shall be reissued

to conform with this provision.
39-4499 HEALTH AND SAFETY 10

(6) Any permit issued under this section may he revoked by the director

pursuant to the provisions of section 39-4413, Idaho Code, if the permitted

party fails to comply with the terms and conditions of the permit, this

chapter, or the rules and regulations promulgated under this chapter.

7) 'fl d4parbrnent may ioau.c a ve•»ee featsthe roq 'omonte of the

rules a • lations promulgated under this section, if, in the judgment of

the director, app of the requirements would cause unreasonable

hardship and the granting o ante would not be harmful to the public

interest or inconsistent with RCRA r•.. ents. A variance shall not

exceed one (1) year in duration and may he renew - .: - tended only after

the department provides public notice and an opportune ^uhlic

ramzntant

(8)(a) The director of the department may issue a research, development

and demonstration permit for any hazardous waste treatment technology

or process for which permit standards for such experimental activity have

not been promulgated. Any such permit shall include such terms and

conditions as will assure protection of human health and the environment. Such permits shall:

1, Provide for the construction of such facilities, as necessary, and for

operation of the facility for not longer than one (1) year (unless renewed

as provided below); and

2. Provide for the receipt and treatment by the facility of only those

types and quantities of hazardous waste which the director deems

necessary for purposes of determining the efficiency and performance

capabilities of the technology or process and the effects ofsuch technology or process on human health and the environment; and

3. Include such requirements as the director deems necessary to

protect human health and the environment (including, but not limited

to, requirements regarding monitoring, operation, insurance or bonding, financial responsibility, closure, and remedial action); and

4. Include such requirements as the director deems necessary regarding testing and providing of information to the director with respect to

the operation of the facility.

Os} The director may apply the criteria set forth in paragraph (a) of this

subsection in establishing the conditions of each permit without separate

establishment of regulations implementing such criteria.

(c) For the purpose of expediting review and issuance of permits under

this subsection, the director may, consistent with the protection of human

health and the environment, modify or waive permit application and

permit issuance requirements established in the general permit regulations except that there may be no modification or waiver of regulations

regarding financial responsibility (including insurance) or of applicable

public participation procedures.

(d) The director may renew a research, development and demonstration

permit which has been issued pursuant to this subsection. The renewal

term shall be no longer than one (1) year. A permit shall not be renewed

more than three (3) times. il.C., § 39-4409, as added by 1983, ch. 154, § 1,

p. 416; am. 1986, ch. 148, t, p 415; am. 1987, ch 102, § 1. p. 204; am.

1988, ch. 7, § 1, p 7; am 1988, ch. 259, § 2, p. 498.1
11 HAZARDOUS WASTE MANAGEMENT 39-4410

Compiler's notes. This section was

amended by two 1988 acts which appear to he

compatible and have been compiled together.

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

added subdivision (8Xd).

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 1988, ch 148 is compiled

ss ¢ 39. 4411.

Sections 1 and 3 of S.L. 1988, ch. 259 are

compiled as §¢ 39-4404 and 39-4413, respectively.

Sec. to sec. ref. This section is refereed to

in §§ 39-4413, 39-4426, 39-4427.

394410. TranspurLatiun ul° hawaa duues wderte. -- (1) Tlto In.o t el Shall

promulgate hazardous waste transportation rules and regulations to control

the intrastate and interstate transportation of federally regulated types and

antities of hazardous waste. The rules and regulations shall be consistent

the rules and regulations issued by the United States department of

rtation and the United States environmental protection agency. The

regulations shall also be consistent with the rules and regulations

n public utilities commission unless such consistency would

rimacy or the effectiveness of the state's hazardous waste

ogram. In that case the board shall confer with the commisto develop mutually acceptable transportation rules and

wit

trans

rules

of the Id

impair the

management

sion and endeav

regulations. If mu a

aped, the board shat

minimize conflict with .

ing the primary authorit and effectiveness of the state's hazardous waste

management program. Rul

shall prevail over conflicting

(2) The hazardous waste tran

to all transporters of federally re:

waste generated either by themse

regulations shall apply to any moveme

ous wastes to or from a hazardous waste

(3) The hazardous waste transportatio

provide for but not be limited to:

(a) Standards for the containerization and la: -ling of hazardous wastes;

(b) Standards for the handling and *carding + hazardous waste shipments;

(c) A hazardous waste tracking system requiring the

(i) All transporters of federally regulated types d quantities of

hazardous waste obtain an identification number from e department,

the environmental protection agency, or another approv:t state program, 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 offs e be

accompanied by a manifest or similar farm describing the haear•. us

waste being shipped and its destination;

(iii) A copy ofeach manifest or similar form he returned to the

generator and/or originator of the shipment and a copy be retained by

fly acceptable rules and regulations cannot be develromulgate transportation rules and regulations that

e commission's rules and regulations while assure

and regulations so promulgated by the board

lea and regulations of the commission.

ortation rules and regulations shall apply

sled types and quantities of hazardous

es or by others. These rules and

of a regulated quantity of hazardacility or site,

rules and regulations shall

Ll,e to a,uopu, uex fut a ill u+„ of tl„tr ;3) yt..

I

I
39-4411 HEALTH AND SAFETY 12

(4) The hazardous wa3tc transportation rides and resulatiene may pievide for special routing of hazardous waste shipments in this state when

necessary to protect the public health, the public safety, or the environment

consistent with federal statutory, regulatory and constitutional requireents.

No commercial hazardous waste disposal facility or site permitted

un. -r section 39-4409, Idaho Code, shall receive regulated quantities of

hazare ous waste as defined by federal law from a motor vehicle or trailer

unless re hazardous waste is accompanied by a proper manifest and the

transport has obtained a special permit from the Idaho transportation

departmen s provided in sections 49-2202 and 49-2203, Idaho Code, If an

improperly d+ umented shipment of hazardous waste arrives at a permitted

commercial ha - - rdous waste facility or site, the owner or operator of the

facility or site s :II immediately notify the Idaho transportation depart- .

ment and the Idah state police and follow the requirements of its permits

and licenses for not cation of appropriate agencies. (I.C., § 39-4410, as

added by 1983, ch. 15-, § 1, p. 416; am, 1984, ch. 205, § 2, p. 502; am. 1986,

ch. 231, § 1, p. 627; am. 988, ch. 265, § 568, p. 549; am. 1993, ch. 291, § 5,

p. 1082; am. 2000, ch. 46 § 98, p. 1450.]

Compiler's notes. Sections 1 and of S.L. January 1, 1987; provided, however, that the

1984, ch. 205 are compiled as §f 39-4• 3 and Idaho Transportation Board and Idaho Trans39-4417B, respectively. portation Department shall be authorized to

Section '. of S.L. 1986, ch. 231 is comp d permit any person renewing or purchasing a

as § 39-4417B. vehicle registration on and after July I, 1986,

Sections 567 and 569 of S.L. 1988, ch. 265 to acquire a vehicle registration endorsement

are compiled as §§ 36-1301 and 39-4426. rior to January 1, 1987, and any receipts

Section 4 of S.L. 1993, ch. 291 is compiled erefrom shall be placed in the Hazardous

as § 39.4407. . terial/Hazardous Waste Transportation

Sections 97 and 99 of S.L. 2000, ch. 469, are En cement Account which is created in seccompiled as §§ 39-3562 and 39.5814, respec- tion ..y -2507, Idaho Code amended and retively design. ed as § 49-2205], which is enacted by

Section 5 of S L 1986, ch. 231, read: "An Section ' of this at and Section 49-2507,

emergency existing therefor, which emer- Idaho Cod- which is enacted by Section 4 of

gency is hereby declared to exist, Section this act ahal be in full force and effect on and

49-2512, Idaho Code (amended and redesig- after July 1, 86. Approved April 3, 1986."

noted as § 49-2210], which is enacted by Section 586 o S.L. 1987, ch. 265 provided

Section 4 of this act shall be in full force and that the act sho .. become effective on and

effect on and after this act's passage and after January 1, 1' 9,

approval. The remaining provisions of this act Cross ref. Motor Trier Act, §§ 61-801 -

shall be in full force and effect on and after 61 . 818.

39-4411. Records - Reporting -- Monitoring. - ( Pursuant to

the provisions of section 39-4405, Idaho Code, the board she adopt, and

amend as necessary, such rules relating to records, reporting, an monitoring as may be needed to achieve the purposes of this chapter. Thy e rules

may include, hut shall not he limited to, prescribing procedtirs - and

requirements for.

Ea) The establishment, maintenance, and format of records and repo 's;

dal The submittal of records and reports;

t c) The taking of samples and the performing of tests and of analyses;

d 1 The use of approved monitoring methods and techniques;

let The installation, calibration, use, and maintenance of monitoring
13 -L- ZARDDUS WASTE MANAGEMENT 39-4411

(2) Sixty (6O) days after promulgation of the criteria and lists specified

under section 39-4407, Idaho Code, and the rules required under section

394405, Idaho Code, and subsection (1) 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 (1) of this section shall

be unlawful.

other represen ; ea artrnent, under any provisions of this

chapter, shall he subject to disclosure accor'' r 3 title 9, Idaho

Cud .

(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 larzdfzlling 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) drys

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.

t • ernor and the legislature detailing the types and quantities of

hazardous - as generated in this state, the types and quantities of such

wastes shipped for • .meet and disposal by landfilling or other means of

disposal, the types and quan s of such wastes remaining in storage at the

end of the most recent reporting p and the types and quantities of

hazardous waste generated outside this sta - : shipped into this state for

storage or disposal, (i.C., § 39-4411, as added by 1';', •. 154, § 1, p. 416;

are. 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,

433, dill. 1908, X11. 125, § .4, p. 461.E

1

Compiler's notes. Sections 4 and 6 of S.L.

1966, ch. 148 are compiled as §§ 39-4409 and

39-4413.

Section 42 of S L 1,990. c11 213 is eompiled

as § 39-1393.

Section 7 of S,L 1993, ch. 291 :s compiled

as § 39-4416.

Section 3 of S.1. 1998, ch 125 Is compiled

as § 3 9-137.

Section 5 of S.L. 1998, ch 125 declared an

emergency Approved March 19, 1998

Section 2 of S L 1996, ch 125 declared an

emergency and provided that the act should

he in full faire and effect on and after Its

C
39-4412 HEALTH AND SAFETY 14

zu

Stet

state

warrant

either con

such as a p

(2) For the

chapter or any

authorized state

appropriate creden

(a) Enter upon an

are or have been gen

inspect and to secure

labels;

(h) Enter into any aircraft, vehicle, vessel, rail car, trailer, van, or other

means of conveyance where zardous wastes are or have been contained

to inspect and to secure sam • -s of such wastes, their containers, and

their labels;

(c) Enter any private or public pr• erty, or means of conveyance, where

records, reports, information or tea results relating to the generation,

transportation, treatment, storage, or sposal of hazardous wastes exist

to inspect and copy such documents.

(3) Upon request by an authorized agent f a property owner or facility

operator, the department shall provide the roperty owner or facility

operator with a receipt for samples taken and . copy of sample analysis.

Duplicate samples shall similarly he provided upon equest if the requesting

party agrees to have the samples analyzed and to s ' are the results of the

analysis with the department.

(4) The right of entry of a duly authorized state empl ee or representative shall not be subject to the waiver of any potential to liability of the

facility owner or operator, The right of entry of a duly auth p rized state or

health district employee shall not be subject to any confident' ity requirements other than those specified in section 39-4411(3), Idaho ode, and

chapter 3, title 9, Idaho Code. The right of entry of a private c tractor

working in a representative capacity for the department may, hawe er. he

made subject to additional confidentiality requirements so long as ose

requirements do not interfere unreasonably with the development of in r•

'nation by the department or the transmission of information from th

contractor to the department or the United States environmental protection

agency.

(5) Any magistrate or district court judge is authorized to issue an

39-4412. Inspections - Right of entry. --- (1) All inspections and

searches conducted under the authority of this chapter shall be performed in

nformity with the prohibitions against unreasonable searches and seies contained in the fourth amendment to the constitution of the United

s and article I, section 17, of the constitution of the state of Idaho. The

hall not, under the authority granted by this chapter, conduct

sa administrative searches of private property in the absence of

nt from the property owner or occupier or exigent circumstances

lie health or environmental emergency.

urposes of developing or enforcing any provision of this

le or regulation authorized by this chapter, any duly

mployee or representative may, upon presentation of

Is, at any reasonable time:

rivate or public property where hazardous wastes

ated, transported, treated, stored, or disposed of to

plea of such wastes, their containers, and their
15 HAZARDOUS WASTE MANAGEMENT 39-4413

rcaaonable muse for iosuence of the varrant o the ehi,tence eft rcaeonablc

program of inspection, ll.C., § 39-4412, as added by 1983, ch. 154, § 1, p.

416; am. 1990, ch. 213, § 44, p. 480.1

Compiler's notes. Section 45 of S.L. 1990, vided that §§ 3 through 45 and 48 through

213 is compiled as § 39-5211. 110 of the act should take effect July 1, 1993

ttion 111 of S.L. 1990, ch. 213 as and that §§ 1, 2, 46 and 47 should take effect

ame ' eel by $ 16 of S.L. 1991, ch. 329 pro- July 1, 1990.

39.4 . 3.

determin -

any permit,

ment or orde

of the followin

(1) ADMINIS

(a) Notice. The i

action by issuing a

identify the alleged

of the act, rule, regale

shall state the amount

notice of violation shall i

opportunity to confer with

compliance conference cone

sponse may be required within

violation by the person to whom 1 is directed.

(b) Scheduling Compliance Confe -nee. If a recipient of a notice of

violation contacts the department wit n fifteen (15) days of the receipt of

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

conference shall be held within twenty ( t ) days of the date of receipt of

notice, unless a later date is agreed ups between the parties. If a

compliance conference is not requested, the .'rector may proceed with a

civil enforcement action as provided in subsect in (3) of this section_

(c) Compliance Conference, The compliance con -rence shall provide an

opportunity for the recipient of a notice of vio tion to explain the

circumstances of the alleged violation and, where ap, opriate, to present

a proposal for remedying damage caused by the alleg violation and for

assuring future compliance. If the recipient and the di -ctor agree on a

plan to remedy damage caused by the alleged violation and to assure

future compliance, they may enter into a consent order fo lining their

agreement. The consent order may include a provision for pay •• ent of any

agreed civil penalty.

(d) Effect of Consent Order. A consent order shall be effective imm - lately

upon signing by both parties and shall preclude any civil enforce 'lent

action for the same alleged violation. If a party does not comply with e

terms of the consent order, the director may seek and obtain in an

appropriate district court specific performance of the consent order and

such other relief as authorized in this chapter.

(c) Failure to Reach Agreement an Consent Order. If the parties cannot

it4411 cIgll a Jsriat on a Lussoeaat ottic",a Withll] il.tty t-(Ol days after the

Enforcement procedures. - (A) Whenever the director

that any person is in violation of any provision of this chapter or

tandard, regulation, condition, requirement, compliance agreeissued or promulgated pursuant to this chapter, one or more

actions may be taken:

TIVE ENFORCEMENT ACTIONS.

rector may commence an administrative enforcement

ritten notice of violation. The notice of violation shall

'alatian with specificity, shall specify each provision

on, permit or order which has been violated, and

f civil penalty claimed for each violation. The

orm the person to whom it is directed of an

he director or the director's designee in a

ing the alleged violation. A written reeen (15) days of receipt of the notice of 4

1
39-4413 HEALTH AND SAFETY 16

emit holder for a hearing to review the

propriate district court the

(AX2)(b) of this section, the director

n to the public, The contested case

'e procedure act shall apply to all

on.

to request from the district

a subpoena compelling the

e production before the

test results, and other

tion investigation or

sion or rev cation.

(b) Notice o earing. The director shall commence a permit suspension

or revocation a tion by giving a permitted party a written notice of intent

he. The notice shall inform the permitted party of facts

arrant suspension or revocation of the permit. The

ecord requirements for contested eases contained in

ve procedure act, chapter 52, title 67, Idaho Code,

f this section shall apply to proceedings initiated

cation or suspension of a permit shall become

delivery of the notice of intent to revoke or

arty requests a hearing.

visions.
f 17 IlA7,AFtDQt7S WASTE MANAGEMENT 39-4414

.., . -

f I f

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

promulgated hereunder, and for any relief or remedies authorized in this

chapter. The director shall not be required to initiate or prosecute an

administrative action before the attorney general may commence and

osecute a civil enforcement action. In addition, the attorney general

delegate this authority regarding civil enforcement actions to the

uting attorney of the county where a civil enforcement action may

IONS AGAINST GUARANTORS. If the owner or operator is in

reorganization or other arrangement pursuant to the federal

e, or where jurisdiction cannot be obtained over an owner or

he solvent at the time of judgment, an action may be

ainst a guarantor of financial responsibility by the state

for any claim arising from conduct for which guarannsibility have been made. The guarantor may invoke

which would have been available to the owner or

d defenses normally available to the guarantor.

CTION FOR ADMINISTRATIVE AND CIVIL

ROUGHT UNDER THE PROVISIONS OF

dministrative proceeding may be brought to

apter or any permit, standard, regulation,

slued or promulgated pursuant to this

r the director had knowledge or ought f the violation. § 394413, as

1986, ch. 148, § 6, p. 415; am. 1988,

p. 49J

Compiler's notes. The federal bankruptcy Se on

2 of S.L. 1988, eh 259 is compiled

code referred to in subsection (Si of this as ¢ 3•' 409.

section is compiled as 11 t1.S.a, § lf)1 et seq. Sec. to ec. ref. This section is referred to

Section 5 of S.L. 1996, ch. 148 is compiled in §§ 39-4•• 9, 39-4429,

as § 38-4411.

39-4414. Remedies. - The remedies specifi • ' in this section are

cumulative and nonexclusive.

(1) MONETARY PENALTIES.

(a) Any person who makes a false statement or repro entation in any

application, label, manifest, record, report, permit or ;then document

filed, maintained, or used for the purpose of complying with he provisions

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

dollars #$10,000) for each separate violation or for each day o continuing violation,

!to Any person who violates this chapter or any permit, st. claret,

regulation, condition, requirement, compliance agreement, or ord.. issued or promulgated pursuant to this chapter shall be liable for a vil

penalty not to exceed ten thousand dollars iS1U,O0O) for each separa

violation or for each day of a continuing violation.

,c) The imposition or computation of monetary penalties may take into

account the ocriouonemi of the etiolation, good fnithcfl'orth to comply with

pro

arise.

(B) AC

bankruptcy,

bankruptcy

operator likely

brought directly

or any injured p

tees of financial res

all rights and defens

operator and all rights

(C) LIMITATION OF

COURT PROCEEDINGS

THIS CHAPTER. No civil or

recover for a violation of this c

condition, requirement or order

chapter more than two {2) years

reasonably to have had knowledge

added by 1983, ch. 154, § 1, p. 416; am.

ch. 259, § 3, p. 498; am. 1989, ch. 38, §

4
1

39-4414 HEALTH AND SAFETY 18

penalty is directed to implement a supplemental environmental project.

or purposes of this section, `supplemental environmental project" means

project which the person is not otherwise required to perform and which

vents pollution, reduces the amount of pollutants reaching the envient, contributes to public awareness of environmental matters, or

ces the quality of the environment. In evaluating a particular

ental environmental project proposal, preference may be given to

feats with an environmental benefit, which relates to the

the objectives of the underlying statute which was violated, or

ces the quality of the environment in the general geographic

the violation occurred.

T OF COSTS. Any person who violates this chapter or

regulation, condition, requirement, compliance agreeor promulgated pursuant to this chapter may be

any nonroutine investigations, inspections, monitoring, or surveys whic lead to evidence of the violation;

(b) The state 's costs, incl ' ing the reasonable value of attorneys' services,

for preparing and litigatin the case;

(c) The state's costs for miti: tirsg, removing, correcting or terminating

adverse effects upon soil, air, o ater quality resulting from the violation;

(d) The state's costs for impoun,,ing, storing, and disposing of contaminated property;

(e) Compensation for damages to

not limited to, land, water, recreation

to restore the resource to its highest p

If) Compensation for damages to privat

not limited to, livestock, land, water,

compensation for court costs allowed by s

fees for trial preparation and trial of the cas

costs of trial preparation and trial of the case;

tg) Compensation for damages to personal healt

court costs allowed by statute, reasonable attorne

ration and trial of the case, and all other reaso

preparation and trial of the ease;

th} The imposition or computation of costs may take

seriousness of the violation and good faith efforts to comp

13) RESTRAINING ORDERS, INJUNCTIONS AND 0TH

ia; Any person who violates any provision of this chapter or

standard, regulation, condition, requirement, compliance agre

order issued or promulgated pursuant to this chapter shall be sub

permanent or temporary injunction, restraining order, or othe

deemed appropriate. Upon a showing to the court that a violatio

causing an imminent hazard to the public health, the public safety, or

the environment, the department need not allege or prove at any stage o

the proceeding that long-term irreparable damage will occur should the

1sr sass, tau^i v= L»rlrs Li,,t br ,.3:c urd i' tlirlt the I ejuedy cit law iy ifi,cclcy^^rEtG. p

ron

enha

supple

those p

violation o

which enha

location wher

(2) ASSESSM

any permit, stands

merit, or order ism

assessed for:

(a) The state's costs f.

blicly held resources including but

uses, wildlife, fish and aquatic life

vious use,

held resources including, but

r ther personal property, and

tute, reasonable attorney's

and all other reasonable

and compensation for

fees for trial prepaable costs of trial

to account the

with the law.

RELIEF,

y permit,

lent, or

Ctto

a

elief

is
19 HAZARDOUS WASTE MANAGEMENT 39-4416

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

chapter or any standard, regulation, condition, requirement, compliance

agreement, or order issued or promulgated pursuant to this chapter.

(4) PAYMENT TO HAZARDOUS WASTE EMERGENCY ACCOUNT. All

o eys collected by the department pursuant to subsections (1), (2) and (3)

of th': section to resolve any enforcement proceeding instituted under

section 39-4413, Idaho Code, shall be paid into the hazardous waste

emergent account created by section 39-4417, Idaho Code. [I.C., § 39.4414,

as added : 1983, ch. 154, § 1, p. 416; am. 1984, ch. 157, § 1, p. 383; am.

1997, eh, 9' , § 1, p. 219.1

Compiler's no . Section 2 of S.L. 1997,

ch. 94 is sempiled as 39. 108.

39-4415. Violat us constituting misdemeanors. -- (1) Any person

who knowingly make- any false statement or representation in any application, label, manifest, record, report, permit, or other document flied,

maintained or used for the purpose of complying with the provisions of this

chapter shall be guilty of a • isdemearsor and subject to a fine of not more

than ten thousand dollars ($1 ,000) or to imprisonment not to exceed one (1)

year, or to both, for each separ to violation or for each day of a continuing

violation.

(2) Any person who knowingly -i`elates any provision of this chapter or

any permit, standard, regulation, conition, 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, ted by the attorney general.

The director shall not be required to initiate or rosecute an administrative

or civil action before the attorney general may c: mence and prosecute a

criminal action. (I.C., § 39-4415, as added by 1983, h. 154, § 1, p. 416; am.

1984, ch. 54, § 1, p. 94.]

39.4416. Citizen suits (1) Except as provided s• subsection (2) of

this section, any person who has been injured or damn :.-d by an alleged

violation of any permit, standard, regulation, condition, requirement, or

order which has become ef'f'ective pursuant to this chapter, rn commence

a civil action on that person's own behalf against any person alle ed to have

committed the violation. A person commencing an action under t s section

shall be required to file a bond or equivalent security in an amount at less

than one thousand dollars ($1,000) or in conformance with the require tents

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

sought.

(2) No action may he commenced under subsection (1 } of this section if th

department has commenced and is diligently prosecuting an administrative,

civil, or criminal action to require compliance wi

l

th

l

the law. Further, no

1.1LA cl aulJOc-C. Vi[ ., tL k^ .. aLsi. tlAC

1
39.4417 HEALTFI AND SAFETY 20

evidence of the violation upon which the citizens' action is based. However,

if the department commences an action in a court of the state of Idaho, any

terested person may intervene as provided in rule 24(a) of the Idaho Rules

rs Civil Procedure,

() In any action under this section, the department may intervene as a

matt _r of right.

(4) en issuing any final order in any action brought pursuant to this

section, he court may award costs of litigation, including reasonable

attorney d expert witness fees, to any prevailing party, whenever the

court deter roes such an award is appropriate, except that the state of

Idaho shall n•t be required to pay such costs in any citizen suit where the

state has beco a party.

(5) Nothing in is section shall restrict any right which a person, or class

of persons, may h ve under any other statute or the common law, [I,C.,

§ 39-4416, as added y 1983, ch. 154, § 1, p. 416; am. 1993, ch. 291, § 7, p.

10821

Compiler's notes. Sections • : nd 8 of S.L.

1993, ch. 291 are compiled as l* -4411 and

38-4427, respectively,

39-4417, Hazardous was - emergency account. - (1) There is

hereby created an account in e state treasury to be designated the

hazardous waste emergency accou

(2) The account shall consist of a neys appropriated to the account by

the legislature, moneys allotted to the ccount as a result of departmental

compliance proceedings, moneys allotte. to the account in a court ordered

award or judgment, moneys allotted to e account in a court approved

settlement, and moneys contributed to the ccount from other sources.

13) Moneys in the account may be used b the director in the case of a

hazardous waste emergency to pay the nec• nary costs of preventing,

neutralizing, or mitigating any threat to the publi health or safety, or to the

environment caused by that emergency.

(4) The board may promulgate regulations for the ithdrawal and use of

funds from the account as specified in subsection (3) o this section.

(5) All moneys placed in the account are hereby perpe ally appropriated

to the department for the purposes described in subs- tion (3) of this

section. All expenditures from the account shall be paid . t in warrants

drawn by the state controller upon presentation of the prope vouchers,

(6) Pending use, surplus moneys in the account shall be inv••ted by the

state treasurer in the same manner as provided under section 67 . 1210,

Idaho Code. Interest earned on the investments shall be returne to the

account. (1-f;.• § 39-4413. as added by 1975, ch. 180, § 2. p. 486; am. 1994,

ch. 180. 74, p. 4204

Compiler's notes, Section 211 of S L amendment to the Constitution of ldah

1994, sh 1?+i O provided ihsi such act should changing the name of the state auditor to

become ol'ft'ctm4-e an rind alter the first Monday state controller (1994, S..1 R No 109, p. 14931

,,
21 HAZARDOUS WASTE MANAGEMENT 39-4421

39.441 Hazardous waste management account. (Repealed.]

Compiler's ogee, § 39-44175, which § 2, p. 627; am. 1597, ch. 313, § 1, p- 926, wee

comprised LC„ 39.44178, as added by repealed by S.L. 1999, ch. 290, i 1, p, 718,

1984, ch. 205, § 3, 502; am. 1986, ch. 231, effective July 1. 1999.

overnment notice. - A permit for a new hazardous

cility or site shall not he issued until the department

ys' notice to the board of county commissioners of

proposed facility or site is to be located. (LC.,

3, ch. 154. § 1, p. 416.1

ration. - The director shall have the power

rative activities between the department

management of hazardous wastes, and so

rm state regulations and for interstate

to management. The state may enter

accomplish the purposes as set out

by 1983, ch. 154, § 1, p. 416.1

394420. Employment security. --

waste generator, transporter or treatment, a

site shall be dismissed, suspended, or tithe

because the employment testifies, provides inform

in the enforcement or administration of the proviso

(2} Any employer who knowingly violates the prorvi

of this section shall be liable for damages, costs an

addition to any other liability for relief authorized by th

other statute, or by the common law. § 39-4420, as a

154, § 1, p. 416.1

39.4421. Good samaritan protection. - (1) Notwithst ding any

provision of law to the cantrary, no person who provides assistance advice

in mitigating or attempting to mitigate the effects of an actual or thre teased

leakage, seepage, or other release of hazardous waste, or in preven.'ng,

cleaning up, or disposing der in attempting to prevent, clean up or diap

of any such leakage, seepage or other release, shall be subject to civi

liabilities or penalties of any type.

(2) The immunities provided in subsection (I) of this section above shall

not apply to any person:

ia) Whose act or omission caused in whole or in part such actual or

threatened leakage, seepage or other release and who would otherwise be

was adopted, the amendment to this section lively.

by § 74 of S.L. 1994, ch. 180 became effective Secr to sec. ref. This section is referred to

nasty 2, 1995. in § 39-4414.

ectiont 73 and 75 of S.L. 1994. ch. 180 are

39-4418. Loca

waste land disposa

has given ninety (90)

the county in which th

§ 39-4418, as added by 1

3415. Interstate coo

and the duty to encourage coo

and other states for the improve

far as is practical, to provide for mu

agreements relating to hazardous w

into such agreements with other states

in this chapter, ILC., § 39-4419, as add

No employee of a hazardous

rage, or disposal facility or

se discriminated against

Lion or otherwise assists

of this chapter.

s of subsection (1)

attorneys' fees, in

chapter, by any

ed by 1983, ch.

4
39-4422 HEALTH AND SAFETY 22

poc expenses for services in rendering such assistance or advice.

(3) Not in section (1) above shall be construed to limit or otherwise

affect the liabilt f any person for damages resulting from such person's

gross negligence, or such person's reckless, wanton, or intentional

misconduct. [I.C.. § 39-442 , - added by 1983, eh. 154, § 1, p. 416.1

39-4422. Severability. - The provist. - of this act are hereby declared

to be severable and if any provision of this a the application of such

provision to any person or circumstance is declared t : lid for any reason,

such declaration shall not affect the validity of remaining rtions of this

act. II.C., § 39-4422, as added by 1983, ch. 154, § 1, p. 416.1

Compiler's notes. For words "this act" see

t,ompfle►'s notes, ti 35-4401.

39-4423. Disposal of restricted hazardous wastes prohibited. --

f 1) Notwithstanding any other provision of law to the contrary, no person

shall discharge, deposit, inject, dump, spill, leak, or place any restricted

hazardous waste, as defined in section 39-4403, Idaho Code, into or on any

land or water at a commercial hazardous waste facility or site.

o

varx

RCR.A re

account:

(a) The long-te

(b) The goal of man

the first instance; and

(c) The persistence, toxieit ,

such hazardous wastes and the

(3Xa) The board shall promulgate

levels or methods of treatment, if any,

toxicity of the waste or substantially reduce

hazardous constituents from the waste so that

threats to human health and the environment are

(b) If such restricted hazardous waste has been treated

a method specified in regulations promulgated under this

such waste or residue thereof shall not be subject to the prohi

subsection (1) of this section and may be disposed of in a land disp

facility which meets the requirements of this chapter. [LC., § 39-4423, as

addezt by 19156, chr24, § 2, p. 794.j

Compiler's notes, 5ertion l of S.L 1986,

ch. 324 is compiled as $ 39. 4403.

l+^.J liLIS UCiJi71I.IIIwiL ...w.^ aa3uc a ' a.LCAJ ce UOL4 Tril[. J41^4aa67a7cnt OL

subsection (1) of this section, if, in the judgment of the director, application

requirements would cause undue hardship and the granting of the

would not be harmful to the public interest or inconsistent with

merits, In issuing the variance, the director shall take into

uncertainties associated with land disposal;

ng hazardous wastes in an appropriate manner in

obility, and propensity to bioaccumulate of

azardous constituents,

s and regulations specifying those

ch substantially diminish the

e likelihood of migration of

rt-term and long-term

imized.

the level or by

bsection,

on in
23 HAZARDOUS WASTE MANAGEMENT 39-4427

39-4424. Disposal of manifested 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. [LC., § 39-4424, ae added by 1989, ch. 253,

§ 2, p. 626J

Compiler's notes. Section 1 of S.L, 1989, Section 3 of S,L. 1989, ch. 253 declared an

eh. 253 is compiled as § 39-4403. emergency. Approved March 29, 1989-

394425. Ineeee eed. ]

39 442G. Appointment of inspeetors. (1) The department of envi

ronmental quality shall assign a sufficient number of employees and

uipment to inspect hazardous waste facilities or sites permitted under

on 39-4409, Idaho Code, and located in Idaho where disposal of

ous waste occurs for the purpose of assuring the protection of the

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

wastes which have been transported by common carrier.

loyees of the department designated pursuant to subsection

n shall alert proper authorities or peace officers regarding

t to this chapter, violations pursuant to title 49, Idaho

to any rules issued pursuant to section 67-2901A, Idaho

sec

haz

heal

hazardou

(2) Alle

(1) of this sect

violations pursu

Code, and violation

Code.

(3) All actions broug

rules promulgated pursua

chapter. All actions brought

Code, shall be brought as prove

1984, ch. 205, § 4, p. 502; am. 1

§ 569, p. 549; am. 1999, ch. 383,

253.]

for violations of the provisions of this chapter or

t thereto shall be brought as provided for in this

r violations of the provisions of title 49, Idaho

in that title. Il.C., § 39-4426, as added by

6, cll. 231, § 3, p. 627; am. 1988, ch. 265,

, p. 1051; am. 2001, ch. 103, § 46, p.

t

Compiler's notes. Section 3 of S.L 1984,

eh. 205 was repealed.

Section 4 of S.L. 1986, eh. 231 is compiled

as 49.2201 - 49-2212, and section 2 was

repealed,

Sections 568 and 570 of Si, 1988, ch. 265

are compiled as t§ 39-4410 and 40-701.

Section 2 ef S.L. 1999, ch 383, is complied

as § 40-510,

lions 45 and 47 of S.L. 2001, eh. 103 are

comps . as §§ 39-4403 and 39-4428, respectively;

Section .. 6 of S.L. 1987, ch. 255 provided

that the act auld become effective an and

after January 1989.

i

39-4427, Commercial disposal fees. -•- (1) There is i:.posed on the

owner or operator of every commercial hazardous waste dispo -I facility or

site permitted under section 39-4409, Idaho Code. the lowest app cable fee

for each ton of waste or fraction thereof, as follows:

(a) Thirty dollars ($30.00) per gate ton or fraction thereof for all ha .: does wastes as defined by RCR4 or section 39-4407, Idaho Code;

(bi Twenty-five dollars ($25.00) per gate ton or fraction thereof for al

4
39-4427 HEALTH AND SAFETY 24

Fe) mat' da ys-( 20.'d8=; per gate ton or k.aeion thereof for the first two

thousand five hundred (2,500) gate tons or less of wastes received by a

facility or site in a calendar year from the same initial generator if the

wastes: (i) are PCBs regulated under Idaho or federal law and are in

centrations greater than fifty (50) parts per million; (ii) are hazardous

de+ s; (iii) are hazardous wastes that become subject to regulation solely

as a exult of a removal or remedial action taken in response to environmenta contamination; or (iv) are hazardous wastes that result from

correcti - action or closure of a regulated or nonregulated hazardous

waste ma agement unit;

(d) Ten do rs ($10.00) per gate ton or fraction thereof for all wastes

contained in i t ragraph (c) of this subsection, if the wastes are received by

the same facili or site and are from the same initial generator in an

amount greater an two thousand five hundred (2,500) gate tons in the

same calendar yea

(e) Five dollars ($5.+.I) per gate ton or fraction thereof for all hazardous

wastes that: (i) are de sted or treated so that the wastes are no longer

hazardous wastes; or (i are nonhazardous radiologically contaminated

wastes including materia from the "Formerly Utilized Sites Remedial

Action Program (FUSRAP) -ites administered by the government of the

United States; or (iii) are PC:: in concentrations less than fifty (50) parts

per million and not otherwise r- fated by Idaho or federal law; or (iv) are

wastes not otherwise defined in • is subsection.

(2) The fees set forth in subsection ) of this section shall not apply to any

of the following types of wastes:

(a) Wastes generated or disposed of r a public agency or other person

operating a household hazardous waste ollection program;

(b) Wastes generated or disposed of by a agency of the state of Idaho.

Any waste for which the fees are waived rider the provisions of this

section must be noted as fee-waived waste on th return required in section

39-4428, Idaho Code, and is subject to all au it provisions of section

39-4429, Idaho Code.

(3) For wastes disposed of by any agency of the tate of Idaho at any

commercial hazardous waste disposal facility or si a permitted under

section 39-4409, Idaho Code, the director, pursuant to a ritten agreement

with the director, the owner or operator of any such fac ity or site, may

credit on the return required in section :39-4428, Idaho Code and in the fee

remitted, an amount equal to the actual cost charged by s ch owner or

operator per gate ton or fraction thereof for the characterization collection,

identification, transportation, treatment, storage and disposal of antes at

such facility or site, [I.C., § 39-4427, am. and redesig. 1999, ch. 29*, § 2, p.

718; am. 2001, ch. 297, § 2, p. 1072: am. 2002, ch. 176, § 1, p. 522.1

Compiler's notes. Former § 39-4427,

whsch comprised 1984, ch 205, 5. p. 502,

am. 1992, ch 251, § p. 735, am. 1993, rh

291, § 8. p 1082, am 1994, ch 419. § 2. P.

1310. am 1995,ch_ 127,$ 1,

p 1

8I

56

1 , am. 1997,

th 31.1, 2. e 92C, w..+ c]1.e.1,14d JI m.l I,..ij, .,.

tgnate as § 39-4427A by S L 1998, ch

1, p 778.

This section was formerly complied as 4 39-

4427A

Section 3 r,f 5 1,. 2001, ch 297, is compiled
25 HAZARDOUS WASTE MANAGEMENT 39-4427C

Coin • filer's notes. Former § 39-4427A This section was formerly compiled as § 39-

was arnen•ed and redesignated as § 39-4427 4427A.

by S.L. 19 ch. 290, § 2.

& saw, 2 of C.L. 2002, ch. 3G 1, is ce•..,.:l.d

¢ 39.5909.

39-442713 39-4427D. Generator fees - Treatment, storage or

isposal facility fee - Hazardous waste fees - Dupli•

Lion. [Repealed.?

Compiler's notes. e fallowing sections

were repealed by S.L. 19ch. 290, § 1, p.

718, effective July 1, 1999:

Farmer section 39.4427B, ich comprised

S.L. 1998, ch. 229, § 2, p. 776.. • S.L. 1999,

ch. 49, § 1, was amended by S.L. 999, ch. 49,

§ 1, effective July 1, 1999 and w' repealed

by S.L. 1999, ch. 290, § 1, Oise-tie July 1,

1999.

39-4427C, which comprised S.L. ", ch.

229. § 3, p. 778, was repealed by S.L. l99,

ch. 290, § 1, effective July 1, 1999.

39-4427D, which comprised S.L. 1998, c

229, § 4, p, 778, was repealed by S.L. 1999,

ch. 290, § 1, effective July 1, 1999.

Section 39-4427B as amended by S.L. 1999,

ch. 49, § 1 read: "Generator fees. (11 For

any generator generating waste during calendar year 1998, there is imposed a generator

fee to be remitted to the department of health

and welfare no later than thirty (30) days

after the end of calendar year 1998, as follows:

"(a) A generator who generates two and

two-tenths (2.2) pounds or more of acutely

hazardous waste as defined by 40 CFR section

261, in any calendar month, or generates

more than two thousand two hundred (2,200)

pounds of hazardous waste at any time in a

calendar month, shall be subject to an annual

fee of two thousand dollars ($2,000);

"(b) A generator who generates between

two hundred twenty 1220) and two thousand

two hundred (2,200) pounds of hazardous

waste in one (D calendar month, shall be

subject to an annual fee of seven hundred fifty

dollars ($750).

"(2) The fee set forth in subsection (1) of

this section shall not apply to generators who:

"(a) Are public or governmental entities;

"(b) Are dry cleaners; or

c) Demonstrate, to the satisfaction of the

dire. or of the department, an inability to pay

all or portion of the fee.

"(d) ' •r purposes of this section, "dry

cleaners • eans any generator who awns or

operates a •usiness the primary purpose of

which is to • ♦ clean apparel and fabrics for

the general p tic, as described in standard

industrial class' cation no. 7216."

39-4427C. Treatment, storage or disposal fact 'ty fee. - (1) Any

hazardous waste treatment, storage and disposal facilit ubject to regulation by the department of health and welfare during cal dar year 1998,

shall be subject to a five thousand dollar ($5,000) fee to be -mated to the

department of health and welfare no later than thirty t30) days fter the end

of calendar year 1998.

(2) The fee set forth in subsection (1) of this section shall not . pply to

facilities which:

(a) Are owned or operated by public or governmental entities; or

(b) Demonstrate, to the satisfaction of the director of the department,

inability to pay all or a portion of the fee. ll.C.. § 39-4427C, as added

1998, ch. 229, § 3, p. 778.1

Compiler's notes. Section 8 of S.L 1998, Sec. to sem ref. This section is referred to

ch 229 declared an emergency, Approved in 39 . 44271)

414

i
1

39-4427D HEA1-TH AND SAFETY 26

operator, generator or treatment, storage or disposal facility subject to

re than one (1) fee under section 39-4427A, 39-4427B or 3944270, Idaho

Co , shall only be required to pay the highest applicable fee under any one

(1) o those sections.

{2) r purposes of this section, the fee for section 39.4427A, Idaho Code,

shall be e total amount required to be paid under subsection (1) of section

39-4427A, Idaho Code. § 39-4427D, as added by 1998, ch. 229, § 4, p.

778,1

Compiler's no s. Section 8 of S.L. 1998,

eh. 229 declared . n emergency. Approved

March 20, 1998.

39-4428. Coll on of commercial disposal fees --- Returns. --W

(I) The fees imposed rider section 39-4427, Idaho Code, shall be due and

payable in monthly ins •: llments by the owner, agent, employee, or operator

of such hazardous waste • cility or site and remittance shall be made to the

Idaho department of envir nmental quality on or before the fifteenth day of

the month next succeeding . e end of the monthly period in which the fee

accrued. The owner, operate or designated employee or agent of the

hazardous waste facility or site, on or before the fifteenth day of the month,

shall make out a return, upon eu forms setting forth such information as

the department may require, sho 'ng the amount of the fee for which the

owner or operator of the hazardous waste facility or site is liable for the

preceding monthly period, and shall • ign and transmit the same to the

department, together with a remitta a for such amount in the form

required.

(2) The department may relieve any pe on or class of persona from the

obligation of filing monthly returns and m: require the return to cover

other reporting periods., but in no event shat eturns be filed for a period

greater than three (3) months. [I.C., § 39.4428, as added by 1984, ch. 205,

§ 6, p. 502; am. 1998, eh. 229, § 5, p. 778; am. 19 ch. 290, § 3, p. 716; am.

2001, ch. 103, § 47, p. 253,J

Compiler's notes. Section 46 of S.L. 2001, emergency. Apprev.. March 20, 1998.

ch. 103 is compiled as § 39-4426 See. to sec. ref, is section is referred to

Section 8 of S.L. 1998, ch. 229 declared an in § 39-4427.

39-4429. Books and records to be preserved -- Ent and inspection by department of environmental quality. •-- Every p son or entity

subject to the imposition of the fees specified in section 39-4427, daho Code,

shall keep complete and accurate records, including itemized in oices and

manifests for federally regulated types and quantities of hazardo'. waste

ultimately disposed ofat a hazardous waste facility or site in Idaho. All

books, documents and papers, computer tapes, discs, and other re._irds

required to be kept by this section shall be preserved for a period of at 1 st

five (5) years from the date of the records or the date of the entries appea

in the records, unless the department in writing, authorized their destrucnon or disposal ul ;izi ear lter bate. For }tu g pumas uT thiis clraptem, art arry krrrxa
(

HAZARDOUS WASTE MANAGEMEN'T' 39-4431 27

dWltag uaural 13 USIA GM3 vua, ti 4c^lxtct!LIciSt sn url, cattitltMTEe sgeAW er

mployees, may enter any place of business of the owner or operator of a

ardour waste facility or age where hazardous wastes are disposed and

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

zardous wastes or other chemicals contained therein, to determine

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

de, are being fully complied with, `Dade secret information ohthe department under the provisions of this section shall be

same manner as such information obtained under section

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

easonably denied free access or is unreasonably hindered or

making the examination of a hazardous waste facility or

or interference shall constitute grounds for suspension

cility or site's permit by the director ofthe department

ity under subsection {b) of section 39-4413, Idaho

added by 1984, ch. 205, § 7, p. 502; am. 1998, ch.

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

or revocation of the

of environmental q

Code. [LC., § 39-4429,

229, § 6, p. 778; am. 19

253.)

ins

the

wheth

Idaho

tamed by

treated in

39-4411, Ida

employees is u

interfered with

site, that hindran

Compiler's notes. Section 7 of 1998,

ch. 229 is compiled as 139. 4432.

Section 5 of S.L 1999, ch. 290 is co...iled

as Q 39-4431.

Section 49 of S_L. 2001, ch. 103 is compl d

as .t 39-443h

Section 6 of S.L. 1998, ch. 229 declared an

emergency. Approved March 20, 1998.

"Water" and "Chemical" Distluguished.

The legislature has indicated by its use of

the word "chemical" in several statutes that

water should not be considered to be a "chemical." Moosman v. Idaho Horse Racing

Comm'n, 117 Idaho 949, 793 1t2d 181 (1990).

The additions, penalties, and

me tax act, sections 63 . 3046,

they now exist or as they may

me manner and to the same

act and shall cover such

11, for this purpose, be

nd requirements under

05, § 8, p. 502.]

39-4431. Collection and enforcement, -" (1) Th

lot-cement procedures available to the Idaho state tax co

by the Idaho income tax act, sections 63-3030A, 63-3038, 6

63-3042 through 63-3045A, 63-3047 through 63-3065A, 63

63-3071, 63-3072, 63-3073 and 63-3078, Idaho Code, as they n

they may subsequently be amended, shall apply and be avail

department of environmental quality for the enforcement of the co

disposal fee and for the assessment and collection of any email

thereunder. Said sections shall, for the aforementioned purposes, be c

ered part of this chapter and wherever liens or any other proceedings

defined as Income tags liens or proceedings, they shall, when applied

enforcement or collection under this chapter, be described as commercia

39-4430. Additions and penaltie

requirements provided by the Idaho

63-3075, 63-3076 and 63-3077, Idaho Code,

be subsequently amended, shall apply in the

extent to this act as to the Idaho income t

additions, penalties and requirements and s

described and be for acts, omissions, delinquencies,

this chapter. [I,C., § 39-4430, as added by 1984, eh

collection and enission provided

-3039, 63-3040,

068, 63-3070,

exist or as

ble to the

1J p

1
(

39-4432 HEALTH AND SAFETY 28

ndant in any action at law or in equity by any person aggrieved by the

wful seizure or sale of his property, or in any suit for refund or to recover

rpayment, but only the state of Idaho shall be responsible for any final

secured against the department of environmental quality and

neat shall be paid or satisfied out of the general fund of the state.

4431, as added by 1984, ch. 205, § 9, p. 502; am, 1997, ch. 313,

tn. 1999, ch. 290, § 5, p. 718; am. 2001, ch. 103, § 49, p. 253,1

Compiler's no

(erred to in this sect

1989, eh. 363, i 2.

Section 2 of S,L.. 199

as § 39-4427.

Section 4 of S.1.. 1999, eh. 290, is compiled

as § 39-4429.

Sections 48 and 50 of S.L. 2001, ch. 103 are

ch. 313 is compiled compiled as H 39-4429 and 39-5803, respectively

of commercial disposal fee revenues. -- The

e commercial disposal fees imposed by this

terest, or deficiency additions, shall be paid

e department to be distributed periodically

erly as follows:

ve percent (95%) shall be remitted to the

39-4432, Distribut

revenues received from

chapter and any penalties,

over to the state treasurer by

but no less frequently than qu

(1) An amount equal to ninetygeneral fund of the state; and

(2) An amount equal to the remain

t,o the county treasurer of the county o

which caused the fees to be assessed pure

be apportioned to the counties in the sam

they were collected, Moneys returned to co

county to respond to health and environmen

caused by hazardous waste emergencies or spills,

packaged hazardous waste. [LC., § 39-4432, as

§ 10, p. 502; am. 1989, ch. 419, § 1, p, 1023; am. 19

am. 1998, ch. 229, § 7, p. 778; am. 1399, ch. 290, §

Campiler'e notes. Section 11 of1984, emergency. Approved A. it 3, 1984.

ch. 205 is compiled as $ 67-2917. Section 8 of S.L. 1998. . 229 declared an

Section 8 of S.L. 1998, ch. 229 is compiled emergency. Approved Marc 20, 1998,

as § 39-4429. Sec. to sec. ref. This sects ' is referred to

Section 14 of S L. 1984, ch 205 declared an in 39-7204,

tiF:r.'Tinn.

39-4501. Short title.

39-4502. Statement of policy.

394503, Definitions,

39. 4504 Living will

39-4505 Durable power of attorney for

g five percent (5%) shall be remitted

unties where the activity occurred

ant to this chapter. Moneys shall

proportional manner in which

ties shall be utilized by the

1 problems which may be

or improperly handled or

ded by 1984, ch. 205,

, ch. 313, § 4, p. 926;

6. +. 718,]

iF.i'Tlt?N.

39-4506 Revocation39. 4507 Execution of directive.

394508. Immunity.

39-4509 General provisions.
C

1/

'

c