### 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



# MICHIE

701 

## East Water Street Charlottesville, VA 22902

www.Iexisnexis. corn
Customer Service: 1-800-833.9844

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## is a trademark of-Reed E se 

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j)i of Matthew 

## Bender; o it es Izlc

© .0_ State of Idaho All 

### rights reserved.

5042227

ISBN 0784)
, -67

- 2 : 8: 888-:0 (Set) ISBN 978-A-

. 32'7 43977-8

(Pub.43205)I

TITLE 39

CHAPTER44, HAZAE.nous W ASTE 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



### - 53 P% 

### 55., Cr.EAN INDaog 

### AIx§ 

### §. 55Q1- 39-5504, 39-5506, 39-5507, 39-,11, 56. Pic eSEIli1 .:, §§ 39 1 

### 5601 = 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'!$A Tr, §§ 39-78 02 - 39-7805.

. S4: UiIrnoRi,^ PU ue Sc

aooi, "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 PETTLEME E N'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- • , C i o,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 re hazardous debris, (iii) are hazardouswastes become

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 fee s waived 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, propertyamount 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) areTHE 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. 39-450 '1Purposes ---Application. 89-4502. Definitions. 39-4503. Persons who may consent their

own care. 39-4504. Persons who may give cons to

care for others. 39 7 4505 : Blood testing. ' 39-4506. Sufficiency of consent

. 39-4807. Farm of consent. 39-4508: Responsibility for consent and doc k

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-

# C

C

/

# 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

# C'

LEXIS, I EX1S, Shepard's and Martindale-Hubbtil are registered trademarks. LEXIS Publishing and MICHIE are tratetnarks and lesis.com is a service mark of Reed Elsevier Properties Inc., used under license. Matthew Bender is a registered trademark of Matthew Render Properties Inc.

ID 2002 Matthew Bender & Company. Inc.

All rights reserved.

4226910

ISBN 0-327-03977-9

"Michte" and the Open Book and Gavel logo are trademarks of LEXIS Publishing, a division of Reed Elsevier inc., 

# 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, or email us at customer.support@bender.com

.

iiiI

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. O p eoi 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 1

3 1s.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.

I39-4401 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 currenthazardous waste management and disposa +ractices are generally avail

### able; 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 s3 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 a l



### 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, orreactive, 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, process

### ing, 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. f39-4403 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, jointstock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency, or instrumental

### ity, 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 subsectiont7kb1, 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 cannotconveniently 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 6 HEALTH AND SAFETY 

### 39-4405



# 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; .`t7 39-4407 (}

(9) Rules oyctxf

, yciFg ea ooctive materials er other radionctivo 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:
ng39-4408 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 thespecific 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 of

## any 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 of 

### such 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 limitedto, 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 regula

### tions 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. 498.111 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 wasteogram. 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 . and effectiveness of the state's hazardous waste ing the primary authorit 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 of

### each 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 assur e 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 andof 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

I39-4411 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 environmentconsistent 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 monitoring13 -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 

# C39-4412 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 orhealth 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 sei

### es 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 their15 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 ortandard, 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 aing the alleged violation. A written reeen (15) days of receipt of the notice of 4

139-4413 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 statefor 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 fnith cfl'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 whichvents 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 orregulation, 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 forfees for trial prepaable costs of trial

to account the with the law. RELIEF, y permit, lent, or

Ctto 

### a elief is19 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 personwho 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 orany 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 wil th l the law. Further, no

1.1LA cl aulJOc-C. Vi[

., tL k^ .. 

## aLsi. tlAC 

# 139.4417 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 o 

### g ee, § 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



### 439-4427 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 solelyas a exult of a removal or remedial action taken in response to environ

### menta 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 8 I 56 1
, am. 1997, th 31.1, 2. e 92C, w..+ c]1.e.1,14d JI m. l I,..i j
, .,. 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 compiled25 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 Forany 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

i1



### 26 39-4427D HEA1-TH AND SAFETY



### 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 of

# at 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 appeain 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 of the 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 thatwater 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 ta g s 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(



### 28 HEALTH AND SAFETY 

### 39-4432

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.

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