2004 

CUMULATIVE 

POCKET SUPPLEMENT 

IDAHO CODE 

Compiled Under the Supervision of the 

Idaho Code Commission 

THOMAS A MILLER 


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COMMISSIONERS 


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TITLES 39(44-87), 40 

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TITLE 89 

CIIAPl'IlI. 

HAz.wxtus WNm: M.\NAOEKINT, I 39· 78. Toa.I.cco MA.stu Sr:rn.EM'EN'I' AoIlWolENT, 

4427. §I 89·7808 - 89-7805. 

ATI1RAL DEATit ACT, §§ 89-4504,89-4506, 80. UW'OIOI Puwc ScHOOL Buu.nING 8.an:rY, 

9-41107. 	 t 89·8008. 

55. C INoOORAlII,§§ 39-5501-39-6504, 81. BAllIN ElM'ROroo:NTAL bmwVlw:tm Am, 89- 06,39-5507,89-6511. D39-8106. 

67. PJu: ON OF MINORS' ACCESS TO 'lb1lACC0. 84. 'lbIlACCO MAma SB'1'nJDIENT AollDMENT If 89· 02, 89-6710, 39-6714 - 89· COMPLBK'Il'NTARY At::r, §§ 89-8401 - 39­ 5718. 8407. 61. IDAHO CON J-l VISA WAIVER PliOOlWl, 86. L.ua: PEND OIlllI..LE, PEND OUlI..LE RIvu, §§ 39·6101 39-6118. 

PIUESr L.ua: ANtI PRf£ST RIvE.. COllMlSIllON, 63. DOMtmC VIOL CI: CI!wE PIlEY:tNTJON, if 89-8501 - 39·8504. §I 89·6303, 3 06A. 

65. 	

8601 - 39·8622. 

39-4427. Commercial disposal feu. 

87. IDAHO COMIIONSENSE 

n 89-8101 -

WIm£ Tnu:Dls §I 39·6501 - 39- 86. IDAHO ELEVATOR SAFIl'n' COOK ACT, §§ 39· 

6508. 

71. 	 HAz.wIous St1BSTAHCE COI!SlOO"Z1ON Aer, 

ACT, §I 89-7103, 89·7 39·8706. 

7112. 

S2CI10N. 

39-442'7. Commercial disposal ea. - (1) There is imposed on the 

owner or operator of every commercial H zardous waste disposal facll,ity or 

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

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

(a) Thirty dollars ($30.00) per gate ton or ction thereof for all hazardous wastes as defined by RCRA or section 89 07, Idaho Code; 

(b) '!\venty.five dollars ($25.00) per gate ton fraction thereof for all 

manifested wastes not otherwise defined in this bsection; 

(c) '!\vo dollars ($2.00) per gate ton or fraction the of for all manifested 

remediation wastes not otherwise defined in this su ection; 

(d) '!\venty dollars ($20.00) per gate ton or fraction t reof for the first 

two thousand five hundred (2,500) gate tons or lees ofw tes received by 

a facility or site from the same site, property or ha dous waste 

management unit if the wastes: (i) are PCBs regulated un sr Idaho or 

federal law and are in concentrations greater than fifty (50 arts per .. 

million; (U) are hazardous debris; (iii) are hazardous wastes tha become 

subject to regulation solely as a result of a removal or remedi etion 

taken in response to environmental contamination; or (iv) are haza ous 

wastes that result from corrective action or closure of a regulate 

nonregulated hazardous waste management unit; 

(e) Ten dollars ($10.00) per gate tOIl or fraction thereof for all wastes , . .... .. .; 

1 

visions of section 

the same facility or site and are from the same site, property or hazardous 

sste management unit in an amount greater than two thousand five 

H dred (2,500) gate tons up to twelve thousand five hundred (12,500) 

ga tons; 

(f) e dollars ($5.00) per gate ton or fraction thereof for all wastes 

contain d in paragraph (d) oftms subsection, ifthe wastes are received by 

the same cility or site and are from the same site, property or hazardous 

waste man ement unit in an amount greater than twelve thousand five 

hundred (12, 0) gate tons up to twenty-five thousand (25,000) gate tons; 

(g) '!\vo dolla nd fifty cents ($2.50) per gate ton or fraction thereof for 

all wastes con . d in paragraph (d) of this subsection, ifthe wastes are 

received by the s facility or site and are from the same site. property 

or hazardous waste nagement unit in an amount greater than twentyfive thousand (25,000) ate tons; 

(b) Five dollars ($5.00) r gate ton or fraction thereof for all hazardous 

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

hazardous wastes; or (ii) a nonhazardous radiologically contaminated 

wastes including materials fr the "Formerly. Utilized Sites Remedial 

Action Program (FUSRAP)" site administered by the government of the 

United States; or (iii) are PCBs in ncentrations less than fifty (50) parts 

per nrlllion and not otherwise regula d by Idaho or federal law; 'or (iv) are 

. wastes not otherwise defined in this s section. 

(2) The fees set forth in subsection (1) 0 's section shall not apply to any 

of the following types of wastes: 

(a) Wastes generated or disposed of by a p lie agency or other person 


operating a household hazardous waste colle 'on program; 


- (b) Wastes generated or disposed of by any age of the state ofIdabo. 


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

section must be noted as fee-waived waste on the ret required in section 

39-4428, Idaho Code, and is subject to all audit p 

39-4429, Idaho Code. 

(3) For wastes disposed of'by any agency of the state 

commercial hazardous waste disposal facility or site pe itted under 

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

with the. director, the owner or operator of any such facility or ite, may 

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

remitted, an amount equal to the actual cost charged by such ow r or " 

operator per gate ton or fraction thereoffor the characterization, collec . n. 

identification. transportation, treatment, storage and disposal of wastes t 

such facility or site. (I.e., § 39-4427, am. and redesig. 1999, ch. 290, § 2, p. 

718; anu.2001, ch.297,§ 2,p.l072;am.2002,ch. 176,§ 1,p.522;arn.2004, 

Compiler's Dotes. Section 2 of S.L. 2004, 

ch. 117 declared a.ri emergency. Approved 

March 19, 2004. 
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IDAHO CODE 


CONTAINING THE 

GENERAL LAWS OF IDAHO 


ANNOTATED 


ORIGINALLY PUBLISHED BY AUTHORITY OF 


LAWS 1947. CHAPTER 224 


REPUBLISHED BY AUTHORITY OF 


LAWS 1949, CHAPTER 167 AS AMENDED 


Compiled Under the Supervision of the 


Idaho Code Commission 


R. DANIEL BOWEN 


THOMAS A. MILLER RICHARD F. GOODSON 


COMMISSIONERS 


MAX M. SHEILS, JR. 


EXECUTIVE SECRETARY 


TITLES 39 (44·83),40 

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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. 

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

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HEALTH AND SAFETY 


CJWI'l'BII. 

I'UlZAlIIiKlUS WNM MANAGEIa:tn, If 39- 62. PCB WAS'l1I DISPOiIIAL" II 39-6201 - 39­

4401 39-4432. 621ft 

45. 	 NATIJlW. TH Ar:r, If 3~501 - 39- 68. DoMISrIC VIOLBNCII CRlWB l'aBvBrmoH, ~9. If 39-6801 - 89·6317. 

46. bwio D.I:vILoPM 	 64. CLIAN LAxBsAer,If 39-6401- 39-6413. 

,AND 	FACDJTtJIS 65. WAttrS 'l't!aI DIsPos.u., If 89-6501 - 39­

4608. 6507. 

47. RuPrra CAU SDVlCE. IlUlIlfAlJlW 66. BIO PAYJ:T1'Il LAD WA1'II1l Qtw.m .Am, 

A47. :PusoNAL CAU SDVICE. If 39-6601- 39-6612. 

R:mBsIONATID..) 	 67 - 69. !RJaRvm.) , 

48. 	 honrNIzATlOM, II 39-4801 - 89-4 70. BALI AN]) DJ8POIIAL or BAT1'ZIUI8, If 39­ , 7001.;... 39-7004. . 49. IDAHo H&w1J Pt.oomto Aer, If 3 

71. H.Az.wloca StlBS'I'ANCII EIlBIIOJDICY RuPoHsa -89-4904. Aer, If 89-7101- 89-7115. [50) 	 49. EqUAL 0PF01l'J"UNn"r POB DlsP!:.Acm 

HOMDWaIIl Aer, lDAHOLMm RaomIAT1OH Aer, If 3&-7201 If (39-5001) - 39­ -39-7210. 5009. lbs:aVu.J 51. FAJoID.Y Suppol.'1' AHXl IH-HOKB AssISTANCB, SouD WIJ1l'B FA.CILmII$ Aer, Of 89­ If 39-5100 - 89-5106. 740 89-7421. 52. Dotmmc VJOLBNC& PRo.rIcr GaNms,If 39­ 75. ADoPnON MBDICAL AssurrANca, II 89­ 5201 - 89-5218. 7501-8 506. 58. A:DIlLT Aaua, NIGLlIXtI' AND ExPLoJTATlOM 76. Pum.ro WA1'II1l SY!'I'Df I..oANs, Aer, ft 89-5301 - 89-5812. ff 89-7801 - 7606. 54. .AltTmcw.lNmocJHAT101f, tf 39-5401- 39­ 77. VOUlImIIa Ha.umr PBoYma lIonJ. 5408. Nm, ff 39-7701 - 3 705. 55. Cuwr IHJxIoRADt, tf 39-5501- 89-5510. 

,56. 	 PDsoIW. CAU SmMC8S, It 89-5601 ­ 78. 'IbaAcco:t.fAsora S ~,

Of 89-7801 - 89-7806. 89-6609. 79. Loc.u. 0PrJ0H &tn!a FACILI'J'IU '( 	 57. PavmmoN OF MDI01IS' AcaIss 10 'lbSAcco, tf 89-7901 ­ 89-7916. tf 89-5701 - 39·5718. 80. UKD'OJIM Puauc ScHOOL BUI1.DJNG 

58. HAwu:Ioua WAttrS FAC11m' SITINO, It 39- \..", ff 39-8001 - 39-8012.

5801 - 89-5820. 	 81. BASIH EHmoNKBN'l'AL ho>Rov.Dmrr Acr, 

59. 	 lIwIo Rmw.. HJ:..u.TH CARlI ACClISS PRooa.ur, If 89-8101 - 39-8116; If 89-5901 - 39-5918. (82) 81. l'IWIO SAn HAVBN Aer,' ff 189­

60. 	 CIIllJ)JIlIH's TaUST Ftnm, If 39-6001 - 89- 8201) - [39-8207). 

6008. (83] 81. '.l'RA.uwA C 

CHAPrER44 

HAZARDOUS WASTE MANAGEMENT 

8ICT1ON. 


39-4401. Short title. waste treatment, storage, or 


39-4402. Lefislative findinp and purposes. diapoaal facilities. 


89-4410. Transportation of hazardoua waste. 39-4408. Definitioll8. 

39-4411. Recorda - Reportin, - Monitor­ 39-4404. COll8istency with federal law. m,. 39-4406. Rill. in general. 39-4412. Inspectiou - Rirht of entry. 39-4406. General powers and duties of direc· 39-4418. Enforcement procedures. tor. 39-441-1. Remedies. 

39-4407. Identification of hazardous wastes. 39-4415. Violations coll8tituting misdemean39-4408. Unauthorized treatment, storace, ors. 

releue, use or disposal of has· 39-4416. Citizen suits. 

ardous waste prohibited. 39-4417. Haurdoua waste emergency ac39-4409. Permit requirementa for hazudous count. 

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39-4401 HEALTH AND SAFETY 2

SECTION. 

39-4417A (Reserved.) 39·4427C. Treatment. storage or disposal fa· 

39-4417B. (Repealed.! . 

SEC'I'IOfoi. 

. cility Cee. 

3g,;,w18. Local government notice. 39-4427D. Hazardoua waste Ceu -.- Duplica· 


39-4419. Int.enltate cooperation. tion. 


39-4420. Employment .ecurity. 39-4428. Collec:tion oC commercial dispo.al 
 3t.4421. Good samaritan protection. fees - Returna. 


3t.4422. severability. 
 39-4429. Books and recorda to be preserved 39-4423. Disposal oC restricted hazardous - Entry and inapection by dewastes prohibited. partment oC environmental 39-4424. Disposal or manuested waste. quality. 39·4425. (Reserved.) 39-4430. Additiona and penaltiea. 39-4426. Appointment oC in.pectora. 39·4431. Collec:tion and enCorcement. 39-4427. Commercial disposal Cees. 

39-4432. Diltribution of commercial diapoaal 39-4427A. (Amended and Redeairnated.) 


39-4427B - 39-4427D. [Repealed.) Cee revenuea. 


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

1983, ch. 154. 416.] 

Compil4ll". not... 'lb. wont. "thIS It Collateral Reference.. Amount and charreCer to S.L 1983, cb. 1M, I 1 whicb ia a ..ca of wastes u equitable facton in 

compiled ..II 39-4401 througb 39-4422. anocation coats purauan, to 

Sec. to MC. ret. This cbapte1' ia reCerred to I 113(f')(1) or Comp ive Environmental 

in tf 9-342A, 39-5804. 39-5809, 39-5819. 39- Responee. Compenajltion, . bility Act 

7403,49-2206, 63-3029D and 83-802CC. (CERCLA), 42 U.S.CA. t 9613(1)(1): . Cited iot Idaho v. Hanna Minina Co., 699 wute Itreams. 162 A.L.R. Fed. 371. 

Sg....U02. Legislative fiDding. and purpose•• - (1) The legislature 

of the State ofIdaho finds: 

(a) That continuing technological progress, increases in manufacturing, 

and the abatement of air and water pollution have resulted in everincreasing quantities of hazardous waste; . 

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

sound manner; 

(c) That the 'knowledge and technology necessary for alleviating adverse 

health, environmental and aesthetic impacts resulting from current 

hazardous waste management a~d disposal practices are generally available; and 

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

become a matt.er of great statewide concern. 

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

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

and the· environment from the effects of the improper, inadequate, or 

unsound management of hazardous waste; 

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

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

disposal; and, 

(c) To assure the safe and adequate management of hazardous wastes 

within the state. II.C., § 39-4402, as added by 1983, ch. 154, § 1, p. 416.J 

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3 HAZARDOUS WASTE MANAGEMENT 39-4403 

Compiler'. Dote.. For worda -this act,· see wutes into sewer systems. 47 A.L.R.3d 1224. 

Compiler's note.l, § 39-4401. Applicability of loning regulations to waste 

Con.teral References. Validity and con­ disposal facilities ofstate or local governmen­ struction of statutes, ordinances, or regula­ tal entities. 59 A.L.R.3d 12... tions controlling discharge of industrial 

39-4403. Definitions. - As used in this chapter: 

(1) "Board" means the Idaho board of environmental quality. 

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

waste facility whose primary business is the treatment, storage or disposal, 

for a fee or other consideration, of hazardous waste generated oft'site 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 ofthe Idaho department ofenvironmental quality or the director's authorized agent. 

(5) "Disposal" means the discharge, deposit, injection, dumping, spilling, 

leaking or placing of any hazardous waste into or on any land or water so 

that such hazardous waste or any constituent thereof may enter the 

environment or be emitted into the air or discharged into any waters, 

including ground waters. 

" 


material receive a a t does not include any subsequent 

changes to the weight resulting from the manage b the 

(7) "Generator" means any person, who by virtue of ownership, management, or control, is responsible for causing or allowing to be caused the 

creation of a hazardous waste. 

(8) "Hazardous waste" means a waste or combination ofwastes ofa solid, 

liquid, semisolid, or contained gaseous form which, because ofits quantity, 

concentration or characteristics (physical, chemical or biological) may: 

(a) Cause or significantly contribute to an increase in deaths or an 

increase in serious, irreversible or incapacitating reversible illnesses; or 

(b) Pose a substantial threat to human health or to the environment if 

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

but are not limited to, materials which are toxic, corrosive, ignitible, or 

. reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in 

domestic sewage, or solid or dissolved materials in irrigation return flows 

or industrial discharges which are point sources subject to national 

pollution discharge elimination system permits under the federal water 

pollution control act,' as amended. 33 U.s.C.• section 1251 et. seq., or 

source, special nuclear, or byproduct material as defined by the atomic 

energy act of 1954, as amended, 42 U.S.C., section 2011 et seq. 

(9) "Hazardous waste management" means the systematic control of the 

collection, source separation, storage, treatment, transportation, processing, and disposal of hazardous wastes. 

(10) "Hazardous waste facility or site" means any property, structure. or 

ancillary equipment intended or used for the transportation, treatment, 

storage or disposal of hazardous wastes. 
39-4403 HEALTH AND SAFETY 4 G 

(11) "ll\iection" 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 ofhazardous 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 requirements designed to assure· proper treatment, storage and 

disposal ofsuch waste. 

:.~ ~r~=~~io_ia_"iB ~flm,}iOf}f;Z:;O:~+~' contaminated with 

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

stock company, trust. estate, political subdivision, public or private corporation, state or federal governmental department, agency, or instrumental· 

ity, or any other legal entity which is recognized by law as the subject of 

rights and duties. 

(16) "ReBA"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 CPR part 268. Restricted hazardous waste ('. .. 

also includes byproduct, source, special nuclear materials or devices or 

equipment utilizing such materials regulated under the federal atomic U 

energy act of 1954, as amended. Restricted hazardous waste shall not 

include radiologically contaminated waste materials from "Formerly Uti· 

lized Sites Remedial Action Program (FUSRAP)" siteS administered by the 

United States army corps of engineers and being disposed of pursuant to a 

contract in exi.!Stence on July 1,2001, and as may be renewed thereafter. 

(18) "Storage" means the containment of hazardous wastes~ on a temporary basil 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 f.rom 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 inc1udes any activity or processing designed to change the physical 

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

nonhazardous. 

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

material for which no reasonable use or reuse i!'l intended or which is 
5 	 ~DOUSWASTE~~AGEMENT 39-4404 

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

416; am. 1984, 'ch. 205, § 1, p. 502; am. 1986, ch. 148, § I, p. 415; am. 1986, 

ch.324,§ l,p. 794; am 1989,ch.253. §'I,p.626;am. 1993,ch.291,§ 1,p. 

1082; am. 1994, ch' 419, § I, p. 415; am. 2001. ch. 103, § 45, p. 253; am. 

2001, ch. 297, § 3, p. 1072.] 

Compiler'. note.. This section was Section 2 of S.L. 1986, ch. 324 is compiled 

amended by two 2001 acts which appear to be liS § ::;9-4423. 

compatible and have been compiled together. Section 2 of S.L. 1989, ch. 253 is compiled The amendment by ch. 103, § 45, substi­ as § 39·4424. 

tuted "environmental quality" for "health and Section 2 of S.L. 1994, ch. 419 is compiled welfare" throughout the section; in subsection as § 39-4427. 

(7)(b). substituted "byproduct" for "by prod­ Sections 44 and 46 orS.L. 2001. ch. 103 are uct"; and made stylistic changes. compiled as §§ 39-3638 and 39-4426. respec­ The amendment by ch. 297. § 3, in subsec­ tively. tion U 7}. added the second sentence. Sections 2 and 4 of S.L. 2001. ch. 297. are The Resource Conservation and Recovery compiled as U 39-4427 and 39-4405, respec­ Act of 1976, referred to in subdivision (15) of tively. this section, is compiled as 42 U.S.C. § 6901 

CroSll ret. Inspection of hazardous waste et seq. 

Section 2 of S.L. 1984. ch. 205 is compiled carriers. penalties U 67-2917.67-2918. 

as I 39-4410. Sec:. to sec. ret. This section is referred to 

Section 2 oC S.L. 1986. cb. 148 is compiled . in §§ 18-3905 and 39·4423. 

u § 39-4405. 

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

will enable the state to assume primacy over hazardous waste control from \..,.. the federal government. 

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

et seq., and federal regulations adopted pursuant thereto, establish c plex 

and detailed provisions for regulation of those who generate, ansport, 

treat, store, and dispose of hazardous wastes. The legisl e cannot 

conveniently or advantageously set forth in this chapter the requirements ofall ofthe regulations which have been or will established under 

RCRA. However, by the provisions ofthis chapter, egislature desires to 

avoid the existence of duplicative, overlappin r conflicting state and 

federal regulatory systems. 

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

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

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

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

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

label and triple rinse mpty containers in accordance with the RCRA 

regulations of the vironmental protection agency. The board may not 

promulgate any Ie that would impose conditions or requirements more 

stringent or ader in scope than RCRA and the RCRA regulations of the 

environm 1 protection agency. The board may, however, promulgate 

prace al rules and rules specifically authorized by this chapter or other 

sta statutes without showing that those rules are required by ReRA or the 

gulations of the environmental protection agency; provided tha t those ~ .. . . 
I 

39-4405 HEALTH AND SAFETY 6

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

ugh the administrative process ofchapter 52. title 67, Idaho Code. [lC., 

9-4404, as added by 1983,00. 154, I I, p. 416; am. 1986, 00. 182, I I, p. 

47 am. 1988,ch.6, § l,p.6;ar.n. 1988,ch. 259, § l,p.498;am. 1993,ch. 

216, 27, p. 587; am. 1993, ch. 291, § 2. p. 1082.] 

Compi • note.. This section WILl 

amended b two 1993 acts - ch. 216, § 27 

and th. 291, 2 both effectlye July 1, 1993­

which do not c flict and have been compiled 

together. 

The amendmen y ch. 216, § 27 in the first 

sentence of the sec d paragraph added -fed· 

eral· foUowing "6901 seq., and"; in the third 

paragraph in the pre t first through the 

third sentences deleted nd replations" fol· 

lowing "rules" wherever t appeared; in the 

present fourth sentence de ted "and regula. 

tiona" following Mrules" in the rat four places 

it appears and deleted "rules d" pracedin, 

"regulations of the environmen protection 

agency."; and in th. present fi sentence 

deleted "or regulation" following "Any rule· 

and substituted "chapter 52, title 67. Idaho 

Code" for "section 67-520 I, Idaho Code, et 

seq." .. 

The amendment by tho 291, § 2 in the first 

sentence of the third p!,rarraph deleted "in 

substance· preceding "consistent with RCM" 

and deleted a former BeCOnd sentence. 

Section 2 of S.L. 1988, ch. 259 is compiled as § 39-4409. 

Section 26 of S.L 1993, ch. 216 is compiled as § 39·4120, and section 28 WILl repealed. 

Section 3 of S.L. 1993. ch. 291 is compiled as f 39-4406. 

Section 2 of S.L. 1986, ch. 182, declared an 

emergency. Approved April 1, 1986. 

. 39-4405. Rules in gener • - Pursuant to the procedures established 

by the Idaho administrative pro dure act, chapter 52, title 67, Idaho Code, 

the board shall adopt such rule as are necessary and feasible for the 

management of the generation. col etion, transportation, treatment, storage, and disposal of hazardous waste :within the state. TIle board shall also 

adopt such rules as necessary to fe late persons who produce, bum, 

distribute. and market fuel containing h ardous waste. The rules promulgated by the board shall be a part ofthis de and shall have the force and 

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

(1) Criteria for the d~termination ofwheth any waste or combination of 

wastes is hazardous for the purposes of this ch ter; 

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

hazardous wastes; . 

(3) Rules, consistent with those issued by the Unit d States environmental protection agency and the United States departme t of transportation, 

for containerization, labeling and manifesting of hazar us wastes; 

(4) Rules specifying the terms and conditions under ich the department shall issue, modify, suspend, revoke, or deny such pe its as shall be 

required by this chapter; 

(5) Lists of those wastes or combinations of wastes wh h are not 

compatible and which may not be stored or disposed of together, 

(6) Procedures a~d requirements for the reporting of the ge ration, 

transportation, treatment, storage or disposal of hazardous wastes; 

(7) Rules estabJishing standards and procedures for the traini 

personnel at generation sites and at hazardous waste facilities and site .

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

owners and operators of underground storage tanks, as may be necessary to 
l 7 HAZARDQUSWASTEMANAGEMENT 39-4407 

occurring naturally that may be disposed of at a commercial hazardous 

aste facility or site. [I.C., § 39-4405, as added by 1983, ch. 154, § I, p. 416; 

. 1986, ch. 148, § 2, p. 415; am. 2001, ch. 297, § 4, p. 1072.1 

iler's Dotea. Sections 1 and 30lS.L. Sec. to sec. ref. This section is referred to 

1986, 148 are compiled as §§ 39·4403 and in f 39-4411. 

39·4408. 

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

as f 39-440 . 

39-4406. neral powers and duties of director. - The director: 

(1) Shall tak all actions not inconsistent with this chapter as are 

necessary and fea 'bIe to enable the department to assume and conti;u.ue 

primacy over hazar us waste management, pursuant·to RCRA; 

(2) May conduct an ublish studies of hazardous waste management in 

this state; 

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

effective management of ha dous wastes within this state. Such a plan 

may identify those locations the state which are not suitable for the 

establishment of hazardous w treatment or disposal facilities or sites; 

(4) Shall exercise all powers d discharge all duties expressed in or 

implied from the other sections of chapter. [I.C., § 39-4406, as added by 

( 1983, ch. 154, § 1, p. 416; am. 1993, . 291, § 3, p. 1082.J 

~ Compiler's Dotea. Section 2 of S.L. 1993, 


th. 291 is compiled as f 39-4404. 


39-4407. Identification of hazardous w es. - (1) The board shall 


establish criteria for determining if any waste 0 combination of wastes is 

hazardous or nonhazardous, for the purposes of t . chapter. 

(2) The board may adopt, and amend from time t time a list or lists of 

hazardous wastes. The board may, with public not1 e but without the 

necessity of a public hearing, list as hazardous any wast r combination of 

wastes determined to be hazardous by the United Stat environmental 

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

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

characteristics for identifying hazardous wastes promulgated by e United 

States environmental protection agency pursuant to RCRA The bo d shall 

update the regulations adopted pursuant to this section as needed to effect 

regulatory amendments promulgated by the United States environm tal 

protection agency. The board may adopt regulations for a state hazardo s 

waste delisting program equivalent to that set forth in 40 CFR section 

260.20(b) and 260.22. The state delisting program shall provide for public 

notice and opportunity for comment before granting or denying delisting 

requests. [le., § 39-4407, as added by 1983, ch. 154, § 1, p. 416; am. 1993, 

Compiler'. Dote •• Section 5 of S.L. 1993, Sec. tu sec. ref. This section is referred to 

ch. 291 is compiled as § 39-4410. in §§ 39~4411. 39·4427. 

'~. 
394408 HEALTH AND SAFETY 	 8 

39-4408. Unauthorized treatment, storage, release, use or disposal of hazar40ul waite prohibited. - (1) No person shall treat or 

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

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

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

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

specific activity involved or exempted the activity from pennit requirements. 

(2) Effective six (6) months after the effective date [July 1, 1986] 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 section3005(c) of 

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

director that: 

(a) 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 ofany existing or potential underground source ofdrinking 


water. 


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

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

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

(a) Lan al of any hazardous waste; and U 

(b) Storage of any waste prohibited from land disposal, unless 


such s~rage is solely for the of the accumulation of such 


quantities of hazardous waste as 


recovery, treatment or disposal. [I.e., 

are nece facilitate 

§ 39-4408, as adiJje~n....J..gIR 

Compile.... not... Section 3005(c) of Section 2 of S.L. 1986, ch. 148 is compiled 

RCRA referred to in lubaeetion (2) of this as § 39-4405.' 

seetion is compiled as 42 U.S.C .• ' 6925(c). 

39-4409. Permit requirements for hazardous waste treatment, 

storage, or dilposal facilities.- (1) No person shall construct, operate, 

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

without a permit from th~ department. The owner or operator ofthe facility 

or site rather than the builder shall be responsible for obtaining t.h1! permit. 

Permits may contain such conditions necessary to protect human health and 

environment. . 

waste treatment, storage, or disposal facilities trom~t:!!h!e.aaih'@lji~i 

if the exemption is in the public in consistent 

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

required . a ederal pennit shall be persuasive evidence that an 

(2) Interim status granted by ReRA or a permit issued by the United ( 

States environmental protection agency prior to the date that the state U 
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 departmen~ issues a new state permit,CJ?fte 'beMa ma, 

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

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

r lacement of existing units and lateral expansions of. existing interim 

stat facilities to comply with all regulations which apply to new 

faciliti . and 

(c) Provi for the termination of interim status. 

(3) The bo shall promulgate rules and regulations establishing the 

terms and condit! s for issuing permits to the described facilities and sites. 

The rules and regul . ons shall provide for, but not be limited to: 

(a) Standards and p edures for the safe operation and maintenance of 

the facilities and sites; 

(b) Education and trainin uali:flcations ofpersonnel at the facilities and 

sites; 

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

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

(d) Monetary assurances in such fo d amount as are necessary for 

effective management, maintenance, an onitoring of the facilities and 

sites during and after operation; 

(e) Evidence of financial responsibility for co 've action on·site and 

off·site; 

(f) Liability insurance in such form and amoun 

compensate for potential damages caused by the fa . 'ties and sites; 

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

liability insurance is not required by the federal regulati s adopted 

pursuant to the RCRA; 

(g) Emergency equipment and emergency response plans approp . te to 

the facilities and sites; 

(h) Public participation in the permitting process consistent with 

(4) Psl'IBits IA81199 issued feF a ,sAed ae' is sJlased tea (lg~ ye&l'8 81' the 

mDm1:HJl ,lIAlid alliwa. ltft.e1' Reith, \\'hiehe....er is peater. However, 

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

necessary to take into account changes in this chapter or regulations 

promulgated pursuant to it and improvements in technology. Permits issued 

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

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

of this chapter and the rules and regulations promulgated under this 

chapter. 

(5) Any permit issued after the effective date of this provision shall 

require corrective action to be taken on-site and off·site for all releases of 

hazardous waste or constituents, from any solid waste management unit at 

the treatment, storage, or disposal facility seeking the permit, regardless of 

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

November 8, 1985, until the effective date of this provision shall be reissued 

to conform with this provision. 
39-4409 HEALTH AND SAFETY 10 

(6) Any permit issued under this section may be 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) The department may issue a variance from the requirements of the 

rules and regulations promulgated under this section, if, in the judgment of 

the director, application of the requirements would cause unreasonable 

hardship and the granting of a variance would not be harmful to the public 

interest or incon~istent with RCRA requirements. A variance shall not 

exceed one (1) year in duration and may be renewed or extended only after 

the department provides public notice and an opportunity for public 

comment. 

(8)(a) The director ofthe 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 limited 

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

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

the operation of the facility. 

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

subs.action in establishing the conditions ofeach 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 ofhuman 

health and the environment, modifY or waive permit application and 

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

regarding financial responsibility (including insurance) or of applicable 

public participation procedures. 

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

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

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

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

p. 416; am. 1986, ch. 148, § 4, p. 415; am. 1987, ch. 102, § 1, p. 204; am. 

1988, ch. 7, § 1, p. 7; am. 1988, ch. 259, § 2, p. 498.] 
11 HAZARDOUS WASTE MANAGEMENT 39-4410 

Compiler's Dote.. This section was The words enclosed in parentheses so apamended by two 1988 acts which appear to be peared in the law as enacted. 

compatible and have been compiled together. Section 5 of S.L. 1986. ch. 148 is compiled The amendment by ch. 7, in the first sen­ as § 39-4411. 

tence of subsection (5), inserted Mjssued"; and Sections 1 and 3 of S.L. 1988. ch. 259 are ­ added subdivision (8)(d). ­ compiled as §§ 39-4404 and 39-4413. respec­ The amendment by ch. 259, in subdivision tively. (2Xb), inserted "existing interim status sur­ Sec. to sec. ref. This section is referred to face impoundments"; and in the first sentence in §§ 39·4413. 39-4426. 39-4427. of subsection (5), inserted Missued." 

promulgate hazardous waste tranaportation rules and regulations to control 

e intrastate and interstate transportation offederally regulated types and 

qu tities ofhazardous waste. The rules and regulations shall be consistent 

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

transp tion and the United States environmental protection agency. The 

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

'of the Id public utilities commission unless such consistency would 

impair the p' acy or the effectiveness of the state's hazardous waste 

management p am. In that case the board shall confer with the commission and endeavo develop mutually acc~ptable transportation rules and 

regulations. If mu y acceptable rules and regulations cannot be developed, the board shall omulgate transportation rules and regulations that 

minimize contlict with commission's rules and regulations while assuring the primary authority d effectiveness of the state's hazardous waste 

management program. Rules d regulations so promulgated by the board 

shall prevail over contlicting s and regulations of the commission. 

(2) The hazardous waste trans rtation rules -and regulations shall apply 

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

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

regulations shall apply to any movemen of a regulated quantity ofhazardous wastes to or from a hazardous waste eillty or site. 

(3) The hazardous waste transportation rules and regulations shall 

provide for but not be limited to: 

(a) Standards for the containerization and lab ing of hazardous wastes; 

(b) Standards for the handling and placarding 0 azardous waste shipments; 

(c) A hazardous waste tracking system requiring tha . 

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

hazardous waste obtain an identification number from 

the environmental protection agency, or another- approv 

gram, before accepting hazardous waste for transport; 

department, 

(ii) All shipments of federally regulated types and quantitie of hazardous waste to be shipped off site or received from off s e be 

accompanied by a manifest or similar form describing the hazar 

waste being shipped and its destination; 

(iii) A copy of each manifest or similar form be returned to 

generator andlor originator of the shipment and a copy be retained by 
39-4411 _ 12 

nts. 

vide for special routing of hazardous waste shipments in this state when 


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


onsistent with federal statutory, regulatory -and constitutional require­


No commercial hazardous waste disposal facility or site permitted 


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


hazar us waste as defined by federal law from a motor vehicle or trailer 


unless t hazardous waste is accompanied by a proper manifest and. the 


transporte haS obtained a special permit from the Idaho transportation 


department provided in sections 49·2202 and 49-2203, Idaho Code. If an_ 


improperly do mented shipment of hazardous waSte arrives at a permitted 


commercial haz dous waste facility or site, the owner or operator of the 


- facility or site sn 1 immediately notify the Idaho transportation department and the Idah tate police and follow the requirements ofits permits 

and licenses for noti ation of appropriate agencies. [I.C., § _39-4410, as 

added by1983, cb. 154, I, p. 416; am. 1984, ch. 205, § 2, p. 502; am. 1986, 

ch.23l,§ l,p.627;aID. 88,ch. 265, § 568,p. 549; am. 1993, ch. 291, § 5, 

p. 1082; aID. 2000, ch. 469, 98, p. 1450.1 

CompO..... note•• Sections 1 and fS.L. January 1. 1987; provided. howev81', that the 


1984, ch. 206 are compiled as fl 39-44 and IdahoTransportation Board and Idaho Trans· 


39-4417B, respectively. portation Departulent shan be authoriled to 


Section 2 of S.L. 1986, c:h. 231 is compi) permit any penon renewing or purchasing a 


aa § 39-44178. vehicleresiatration on and after July 1.1986. 


Sections 567 and 569 of S.L. 1988. eh. 265 to acqUir. a vehicle registration sndoraement 
 are compiled as if 3fi..lS0l and 39-4426. 'or to January 1, 1987, and any rec::eipta 


Section 4 of S.L. 1993, ch. 291 ia compiled rom ahan be placed in the Hazardous 
 as § 39-4407. Ma riaJIHasardou8 Waste Transportation 


Sections 9'1 and 99 ors.L. 2000, ch. 469, are Enii ement Account which is created in aec­
 compiled as §f 39·3562 and 39-5814. reapee­ tion 4 607, Idaho Code lamended and re­
 tively. desipa at f 49-2205). whicb is enacted by 


Section 5 of R.L. 1986, ch. 231. read: "An Section 4. f this act and Beetion 49-2507, 


emergency existin, therefor, whic:h emer­ Idaho Code, bieh is enacted by Section " or 
 gency is hereby declared to .xiat. Section this aet shall in fan force and etreet on and 


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


nated as § 49-2210). which i. enacted by Section 586 0 .L.1987, c:h. 265 provided 


Section 4 or this act ahall be in fun foree and that the act ahoul become etractive on and 


- effect on and "fter this act's paala. and after January 1, 19 

approval. The remaining provjsions ofW. act CI'CNJ. ret Motor C 

shan be in full force and effeet on and after 61-818. 

39-4411. Records - ReportinlJ- Monitoring. - (lJ 


the provisions of section 39-4405, Idaho Code. the board shal dopt. and 


amend as necessary, such rules relating to records. reporting. an 


ing as may be needed to achieve the purposes of this chapter. The rules 


may include, but shall not be limited to, prescribing procedure and 


requirements for: 


(a) The establishment, maintenance, and format of records and repo 

(b) The submittal of records and reports; 

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

(d) The use of approved monitoring methods and techniques; { 

(e) The installation, calibration, use, and maintenance of monitoring \ 

U 
13 HAZARDOUS WASTE MANAGEMENT 39-4411 

(0 ry'he pro,isioll ohele.snt: hd'ermstion to the aepartme!d. 

(2) Sixty (60) days after promulgation of the criteria and lists specified 

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

39-4405. Idaho Code, and subsection (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 representa v nt under any provisions of this 

chapter, shall be subject to disclosure according 0 daho 

(4) Effective January 1, 1996, each generator shall, at the discretlon of 

the director, no later than thirty (30) days after the end of each calendar 

year submit a written annual report to the department including the 

following information: 

(a) The types and quantities of hazardous wastes generated; 

(b) The types and quantities of such wastes shipped for treatment and 

disposal by landfilling or other means of disposal; 

(c) The types and quantities of such wastes remaining in storage at the 

end of the reporting period; 

(d) Whether such wastes are destined for disposal or treatment in this ,( state or whether such wastes are destined for disposal or treatment 

outside this state. \.." (5) Effective January I, 1996, the operator of each commercial hazardous 

waste disposal facility orsite in the state shall. no later than thirty (30) days 

after the end of each calendar year, submit a written annual report to the 

department providing information on the types and quantities of wastes 

received which were generated in Idaho, and information on the types and 

quantities of wastes received which were generated in other states. . . the g or and the legislature detailing the types ~d quantities of 

hazardous wa enerated in this state, the types and quantities ofsuch 

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

disposal, the types and quan 1 f such wastes remaining in storage at the 

end of the most recent reporting pe . d the types and quantities of 

hazardous waste generated outside this state hipped into this state for 

storage or disposal. (l.C., § 39-4411, as added by 19, 154, § I, p. 416; 

am. 1984. ch. 258,§ 1,p. 618; am. 1986,ch. 148,§ 5,p. 41, 1990,ch. 

213, § 43, p. 480; am. 1993, ch. 291, § 6,p. 1082; am. 1996, ch. 125, . 

Compiler'. Dote.. Sections 4 and 6 ofS.L. 

1986, ch. 148 are compiled as §§ 39·4409 and 

39-4413. 

Section 42 of S.L. 1990, ch. 213 is compiled 

as § 39·1393. 

Section 7 of S.L. 1993, ch. 291 is compiled 

as § 39-4416. 

Section 3 of S.L. 1998, ch. 125 is compiled 

as § 39·117. 

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 

be in full force and effect on and after its 
HEALTH AND SAFETY 14 

paSIa,8 and approval and retroactive to Jan­ See. to lee. reI, This section is referred to 

uary 1, 1996. Approved March 8, 1996. in t 39-4429. 

39-4412 

s ches conducted under the authority ofthis chapter shall be performed in 

con rmity with the prohibitions against unreasonabl~ searches and sei~ 

ntained in the fourth amendment to the constitution of the United 

States d article I, section 17, of the constitution of the state of Idaho. The 

state sh I not, under the authority granted by this chapter, conduct 

warrantIe administrative searches of private property in the absence of 

either conse from the property owner or occupier or exigent circumstances 

such 8S a pub health or environmental emergency. 

(2) For the p ses of developing or enforcing any provision of this 

chapter or any e or regulation authorized by this chapter, any duly 

authorized state IOyee or representative may, upon presentation of 

appropriate credenti at any reasonable time: 

(a) Enter upon any p 'vate or public property where hazardous wastes 

are or have been genera , transported, treated, stored, or disposed of to 

inspect and to secure s les ofsuch wastes, their containers, and their 

labels; 

(b) Enter into any aircraft, icIe, vessel. rail car. traUer, van, or other 

means ofconveyance where ha rdous wastes are or have been contained 

to inspect and to secure sampl of such wastes, their con tamers, and 

their labels; 

(c) Enter any private or public prop y, or means of conveyance, where 

records. reports, information or test suits relating to the generation. 

transportation, treatment, storage, or d sal of hazardous wastes exist 

to inspect and copy such documents. 

(3) Upon request by an authorized agent 0 a property owner or facility 

operator, the department shall provide the perty owner or facility 

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

Duplicate samples shall similarly be provided upon uest ifthe requesting 

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

analysis with the department. 

(4) The right of entry of a duly authorized state emplo 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 . zed state or 

health district employee shall not be subject to any confidenti 'ty 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, hower, be 

made subject to additional confidentiality requirements so long as ose 

reqwrements do not interfere unreasonably with the development of i ormation by the department or the transmission of infonnation from t 

agency_ 

(5) Any magistrate or district court judge is 

contractor· to the department or the United States environmental protection 
15 HAZARDOUS WASTE MANAGEMENT 39·4413 

I, p. 

C piler'. Dotes. Section 45 ofS.L. 1990, vided that §§ 3 through 45 and 48 through 

ch. 2 is compiled as § 39-5211. 110 of the act should take effect July 1, 1993 

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

'Y § 16 of S.L. 1991, ch. 329 pro- July 1, 1990. 

Enforcement procedures. - (A) Whenever the director 

amend 

determines at any person is in vio~ation of any provision of this chapter or 

any permit, s dard, regulation, condition, requirement, compliance agreement or order i ued or promulgated pursuant to this chapter, one or more 

of the following a: tions may be taken: 

(1) ADMINIS TIVE ENFORCEMENT ACTIONS. 

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

action by issuing a 'tten notice ofviolation. The notice of violation shall 

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

of the act, rule, regulati ,permit or order which has been violated, and 

shall state the amount 0 civil penalty claimed for each violation. The 

notice of violation shall in nn the person to whom it is directed of an 

opportunity to confer with e director or the director's designee in a 

compliance conference conce 'ng the alleged violation. A written response may be required within en (15) days of receipt orthe notice of 

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 a compliance conference. The 

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

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

compliance conference is not requested, the irector may proceed with a 

civil enforcement action as provided in subs . on (3) of tIp.s section. 

(d Compliance Conference. The compliance co erence shall provide an 

opportunity for the recipient of a notice of V1 lation to explain the 

circumstances ofthe alleged violation and, where a ropriate, to present 

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

assuring future compliance. If the recipient and the 'rector agree on a 

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

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

agreement. The consent order may include a provision forp ent ofany 

agreed civil penalty. 

, (d) Effect ofConsent Order. A consent order shall be effective i ediately 

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

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

tenus of the consent order, the director may seek and obtain i any 

appropriate district court specific performance of the consent order 

such other relief as authorized in this chapter. 

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

39-4413~ HEMTIlAND.BAFE'J'Y 16 U 

'rector may 

compliance conference pursuant to subsection (A)(l)(b) ofthis section, the 


commence and prosecute a civil enforcement action in 


dl trict court, in accordance with subsection (A)(3) of this section. 

(2) ERMIT SUSPENSION OR REVOCATION PROCEEDINGS. 

(a) ounds. The director may revoke or temporarily suspend the pennit 

of any azardous waste facility or site pursuant to the grounds provided 

in subse ion (6) of section 39-4409, Idaho Code. 

A violat n that is shown to have occurred as the result of an unforeseeable. act God despite a permitted party's reasonable efforts to comply 

with all appli ble legal requirements shall not be grounds for a suspension or revoca n. 

(b) Notice of He ·ng. The'director shall commence a permit suspension· 

or revocation actio by giving a permitted party a written notice ofintent 

to suspend or revok The notice shall inform the permitted party of f~cts 

or conduct which w ant suspension or revocation of the permit. The 

notice, hearing, and re d requirements for contested cases contained in 

the Idaho administrative rocedure act, chapter 52, title 67, Idaho Code, 

and subsection (A)(2)(c) of 's section shall apply to proceedings initiated 

under this subsection. &VO tion or suspension of a permit shall become 

final fifteen (15) days after d ivery of the notice of intent to revoke or 

( suspend unless the permitted y requests a hearing. 

(c) Administrative Hearmg Prov ions. r 

(i} 

director's 

Upon a 

action 

timely 

under 

request 

subsection 

by a p it 

)(2)(b) 

holder 

of 

f()r 

this 

a hearing 

section, 

to 

the 

review 

director 


the U

shall promptly conduct a hearing 0 to the public. The contested case 


provisions of the Idaho administrati procedure act shall apply to all 


hearings conducted under this subsect n. 


(ii) The director shall have the authori to request from the district 


court in and for Ada county or any other propriate district court the 


issuance of an order in the nature of a ubpoena compelling the 


attendance and testimony of witnesses and e production before the 


director of papers, books, drawings, documen test results, and other 


evidence relevant to a permit suspension or rev tion investigation or 


adjudication. 


<ill) After the hearing; the director shall issue a wri en opinion setting 


forth findings of fact, conclusions of law and an or r. An aggrieved 


person subject to the director's order may seek its revie as a final order 


in a district court as provided by the Idaho administra 've procedure 


act. District court review ofthe director's decision shall be ited to the 


record developed before the director. 


(3) CML ENFORCEMENT ACTION. The attorney general ay commence and prosecute in district court a civil enforcement acti . Civil 

enforcement actions shall be commenced and prosecuted in the . trict 

court in and for the county in which the alleged violation occurred, nd 

may be brought against any person who is alleged to have violated y 

provision of this chapter or any rule, regulation, permit, conditio 
17 HAZARDOUS WASTE MANAGEMENT 39-4414 

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

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

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

a ..strative action before the attorney general may commence and 

prose te a civil enforcement action. In addition, the attorney general 

may d egate this authority regarding civil enforcement actions to the 

g attorney of the county where a civil enforcement action may 

arise. 

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

bankruptcy, reo anization or other arrangement pursuant to the federal 

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

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

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

or any injured party any claim arising from conduct for which guarantees of financial respon 'bility have been made. The guarantor may invoke 

all rights and defenses . ch would have been available t.o the owner or 

operator and all rights an defenses normally available to the guarantor. 

(C) LIMITATION OF A ON FOR ADMINISTRATIVE AND CML 

COURT PROCEEDINGS B UGHT UNDER THE PROVISIONS OF 

THIS CHAPI'ER. No civil or a inistrative proceeding may be brought to 

recover for a violation of this eba ter or any permit, standard, regulation, 

condition, requirement or order i ued or promUlgated pursuant to this 

chapter more than two (2) years a the director had knowledge or ought 

reasonably to have had knowledge 0 the violation. [I.C., § 3g..4413, as 

added by 1983, th. 154. § I, p. 416; am. 86, th. 148, § 6, p. 415; am. 1988, 

ch. 259, § 3, p. 498; am. 1989, ch. 38, § p. 49.J 

CompiJer's notes. The federal bankruptcy Sectl 2 of S.L. 1988, th. 259 is compiled 

code referred to in lIubsectiOD (B) of this as § 39- 09. 

section ill compiled as 11 U.S.C., § 101 et seq. Sec. to . ref. Thill section is referred to 

Section 5 of S;L. 1986, ch. 148 is compiled in If 39·44 .39·4429. 

as f a9-44l1. 

394414. Remedies. - The remedies specifie section are 

cumulative and nonexclusive. 

(1) MONETARY PENALTIES. 

(a) Any person who makes a false statement or rep sentation in any 

application, label, manifest, record, report, permit or ther document 

filed, maintained, or used for the purpose of complying wit the provisions 

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

dollars ($10,000) for each separate violation or for each day a continu· 

ing violation. 

(b) Any person who violates this chapter or any permit, s 

regulation, condition, requirement, compliance agreement, or 0 

sued or promulgated pursuant to this chapter shall be liable for civil 

penalty not to exceed ten thousand dollars ($10,000) for each sepa te· 

violation or for each day of a continuing violation. 

(c) The imposition or computation of monetary penalties may take int . ... . 
39-4414 	 HEALTH AND SAFETY·~· 18 

, enalty is directed to implement a supplemental environmental project. 

r purposes of this section, "supplemental environmental project" means 

a oject which the person is not otherwise required to perform and W ruch 

prev ts pollution, reduces the amount of pollutants reaching the envi­

"ronm t, contributes to public awareness of environmental matters, or 

enhanc the quality of the environment. In evaluating a particular 

suppleme tal environmental project proposal, preference may be given to 

those proj ts with an environmental benefit,which relates to the 

violation or t e objectives ofthe underlying statute which was violated, or 

which enha'nc the quality ofthe environment in the general geographic 

location where e violation. occurred. 

(2) ASSESSME OF COSTS. Any person who violates this chapter or 

any permit, standard, egulation, condition, requirement, compliance agreement, or order issued r promulgated pursuant to this chapter ,may be 

asseSsed for: 

(a) The state's costs for y nonroutine investigations, inspections, monitoring, or surveys which ad to evidence of the violation; 

(b) The state's costs, inclu g the reasonable value ofattorneys' services, 

for preparing and litigating t e cas!!; 

(c) The state's costs for mitiga' g. removing. correcting or terminating 

adverse effects upon soil, air, or ter quality resulting from the violation; 

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

(e) Compensation for damages to pu licly held resources including but 

not limited to, land, water, recreational ses, wildlife, fish and aquatic life 

to restore the resource to its highest pre . ous use; 

(f) Compensation foi' damages to privatel held resources including, but 

not limited to, livestOck, land, water, or er personal property, and 

compensation for court costs allowed by sta te, reasonable attorney's 

fees for trial preparation and trial of the case, d all other reasonable 

costs of trial preparation and trial of the case; 

(g) Compensation for damages to personal healtll nd compensation for 

court costs allowed by statute, reasonable attome fees for trial preparation and trial of the case, and all other reason ble costs of trial 

preparation and trial of the case; 

(h) The imposition or computation of costs may take 1 to account the 

seriousness of the violation and good faith efforts to campI with the law. 

(3) RESTRAINING ORDERS, INJUNCTIONS AND OTH RELIEF. 

(a) Any person who violates any provision of this chapter or y permit, 

, standard, regulation, condition, requirement, compliance agre 	 ent, or 


order issued or promulgated pursuant to this chapter shall be su6 ct to a 


permanent or temporary irijunction, restraining order, or othe relief 


deemed appropriate. Upon a showing to the court that a violati is 


causing an imminent hazard to the public health, the public safety. 0 to 


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


the proceeding that long-term irreparable damage will occur should the 
 . 	 " 
19 	 HAZARDOUS WASTE MANAGEMENT 39-4416 

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


c pter or any standard, regulation, condition, requirement, compliance 


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


YMENT TO HAZARDOUS WASTE EMERGENCY ACCOUNT. All 

moneys llected by the department pursuant to subsections (1), (2) and (3) 

of this s tion to resolve any enforcement proceeding instituted under 

section 39- 413,' Idaho Code, shall be paid into the hazardous waste 

emergency a ountcreated by section 39-4417, Idaho Code. [I.C., § 39-4414, 

as added by 1 3, ch. 154, § 1, p. 416; am. 1984, ch. 157, § 1, p. 383; am. 

1997, ch. 94, § p. 219.] 

Compiler'. Dot~.. ion 2 of S.L. 1997, , ch. 94 is compiled as § 3 108. 

394416. Violation constituting misdemeanors. - (1) ~y person 

who knowingly makes a false statement or representation in any appli. 

cation, label, manifest, r ord, report, permit, or other document filed, 

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

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

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

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

(2) Any person who knowingly lates any provisio~ of this chapter or \..." 	 any permit, standard, regulation, con 'tion, requirement, compliance agreement, or order issued or promulgate ursuant to this chapter shall be 

guilty of a misdemeanor and subject to a ne ofnot more than ten thousand 

dollars ($10,000) or to imprisonment not exceed one (1) year, or to both, 

for each separate violation or for each day a continuing violation. 

(3) An action may be commenced and pros uted by the attorney general. 

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

or civil action before the attorney general may mmence and prosecute a 

criminal action. [I.C., § 39-4415, as added by 198 ch. 154, § 1, p. 416; am, 

1984. ch. 54. § I, p. 94.1 

394416. Citizen suits. -.(1) Except as provide in subsection (2) of 

this section. any person who has been injured or dam ed by an alleged 

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

order which has become effective pursuant to this chapter, ay commence 

a civil action on that person's own behalfagainst any person leged to have 

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

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

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

of rule 6S(c) of the Idaho Rules of Civil Procedure if injunctive lief is 

sought. 

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

department has commenced and is diligently prosecuting an administrat 

civil, or criminal action to require compliance with the law. Further, 

the 
i 

···39-4417- .HEALTH AND SAFETY. 20 

. dence oC the violation upon which the citizens' action is based. However, 

e department commences an action in a court ofthe state ofIdaho, any 

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

OCCl '1 Procedure. . 

(3) any action under this section. the department may intervene as a 

matter right. 

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

section. th court may award costs of litigation. including reasonable 

attorney and xpert witness fees, to any prevailing party. whenever the 

court determin such an award is appropriate. except that the state of 

Idaho shall not required to pay such costs in any citizen suit where the 

state has become a arty. . ' 

(5) Nothing in this ection shall restrict any right which a person, or class 

of persons. may have der any other statute or the common law, [I.C., 

§ 39-4416. as added by 83, ch. 154. § 1. p. 416; am. 1993. ch. 291, § 7. p. 

1082.] 

Compiler'. Jloiea. Semons 6 and of S.L. 


1993. ell. 291 are compiled as II 39-44 and 


39-4427. respectively. 


39-4417. Hazardous waste e ergeney account. - (1) There is 

hereby created an account in the ate treasury to be designated the 

hazardous waste emergency account. 

(2) The account shall consist of mone 

the legislature. moneys allotted to the a nt asa result of departmental 

compliance proceedings, moneys allotted to e.account in a court ordered 

award or judgment, moneys allotted to' the count in a. court approved 

settlement, and moneys contributed to the acco t from other sources. 

(3) Moneys in the account may be used by the irector in the case of a 

hazardous waste emergency to pay the necess costs of preventing, 

neutralizing, or mitigating any threat to the public he h or safety, or to the 

enVironment caused by that emergency. 

(4) The board may promulgate regul~tions for the with awal and use of 

funds from the account as specified in subsection (3) of thi action. 

(5) All moneys placed in the account are hereby perpetuall ppropriated 

to the department for the purposes described in subsection (3) of this 

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

drawn by the state controller upon presentation of the proper vou ers. 

(6) Pending use, surplus moneys in the account shall be invested the 

state treasurer in the same manner as provided under section 67- 10, 

Idaho Code. Interest earned on the investments shall be returned to e 

account. [I.e., § 39-4417, as added by 1975, ch. 180, § 2, p. 486; am. 199 

Compiler'. note.. Section 241 of S.L. amendment to the Constitution of Idaho 

1994, ch. 180 provided that such act should changing the name of the state auditor to 

become efT'ective on and after the first Monday state controller /1994 S,J.R. No. 109, p. 1493J 

in January, 1995 (January 2, 1995) if the was adopted at the general election held on 

f

'-.·.' 


J 


! 

U 


(' ... V 
21 HAZARDOUS WASTE MANAGEMENT

r ( 

\.,­

was adopted: the amendment to this section tively. 

§ 74 of S.L. 1994, ch. 180 became etTective Sec. to lee. ref. This section is referred to 

J uary2, 1995. in § 39-4414. 

ctions 73 and 75 of S.L. 1994, ch. 180 are 

[Reserved.] 

Hazardous waste management account. [Repealed.] 

Compiler's notes. § 39-4417B, which § 2, p. 627; am. 1997. ch. 313. § I, p. 926, was 

comprised I.e., 39-4417B. as added by repealed by S.L. 1999, ch. 290, § I, p. 718, 

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

39-4418. Loc government notice. - A permit for a new hazardous 

waste land disposa acility or site shall not be issued until the department 

has given ninety (90 days' notice to the board of county commissioners of 

the county in which e proposed facility or site is to be located. [lC., 

§ 39-4418. as added by 83, ch. 154, § I, p. 416.] 

39-4419. Interstate c eration. - The director shaU have the power 

and the duty to encourage c perative activities between the department 

and other states for the improv d management ofhazardou8 wastes, and so 

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

agreements relating to hazardous aste management. The state may enter 

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

in this chapter. [I.C., § 39-4419, as a ded by 1983, ch. 154. § 1, p. 416.] 

39-4420. Employment security. (1) No employee of a hazardous 

waste ienerator, transporter or treatmen storage, or disposal facility or 

site shan be dismissed, suspended, or 0 'Be discriminated aiainst 

because the employment testifies, provides in rmation or otherwise assists 

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

(2) Any employer who knowingly violates the ovisions of subsection (1) 

of this section shall be liable for damages, c d attorneys' fees. in 

addition to any other liability for relief authorized this chapter, by any 

other statute, or by the common law. Cle., § 39-4420. added by 1983. ch. 

154, § 1, p. 416.] 

39-4421. Good samaritan protection. - (1) Notwl tanding any 

provision oflaw to the contrary, no person who provides assis ce or advice 

in mitigating or attempting to mitigate the effects of an actual threatened 

leakaie, seepage, or other release of hazardous waste. or in 

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

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

liabilities or penalties of any type. 

(2) The immunities provided in subsection (1) of this section above 

not apply to any person: 

(a) Whose act or omission caused in whole or in part such actual 

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

0 
39-4422 HEALTH AND SAFETY 22 


poc:Jte~:xpenses for services in rendering such assistance or advice. 

(3) Nothi . section (1) above shan be construed to limit or otherwise 

affect the liability person for damages resulting from such person's 

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

misconduct. (I.C., § 39-4421. as d by 1983, ch. 154, § I, p. 416.] 

39-4422. Severability. - The provisions 0 ct are hereby declared 

to be severable and if any provision of this act or the . cation of such 

provision to any person or circumstance is declared invalid for reason, 

such declaration shall not affect the validity of remaining portions 0 

, . • 

Compiler'. Dot... For worda "thi. act" see 

Compiler'. notes, I 39-4401. 

39-4423. Disposal of reatricted hazardoua wastea prohibited. ­

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

shall discharge, deposit, h\ject, 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 hazardoua waste facility or site. 

(2) The department may issue a variance from the requirements of 

subsection (1) ofthis section, if, in the jud(pllent ofthe director, application 

of the requirements would cause undue hardship and the granting of the 

variance would not be harmful to the public 'interest or inconsistent with 

RCRA requirements. In issuing the variance, the direCtor shall take ~to 

account: 

Ca) The long.term uncertainties associated with land disposal;· 

(bl The goal of managing hazardous wastes in an appropriate manner in 

the first instance; and 

(c) The persistence, toxicity, mobilitY, and propensityto bioaccumulate of 

auch hazardous wastes and their hazardous constituents. 

leve methods of treatment, if any, which substantially diminish the 

toxicity oft ste or substantially reduce the likelihood ofmigration of 

hazardous constitu om the waste so that short-term and long. term 

threats to human health e environment are minimized. 

(b) Ifsuch restricted hazardous w as been treated to the level or by 

a method specified in regulations promUiJRjatea 

such waste or residue thereof shall not be subj the prohibition in 

subsection (1) of this section and may be dispOsed of in d dispo,al ' 

facility which meets the requirements ofthis chapter. [I.C., § 39· 

.. 

Compiler'. Dot... SectiOD 1 of S.L. 1986. \, " 

ch. 324 is compiled as § 39·4403. ( " 

~ 
23 HAZARDOUS WASTE MANAGEMENT 

39-4424. Disposal ofmanifested waste. - Manifested waste, as that 

term is defined in section 39-4403, Idaho Code, shall only be treated, stored 

or disposed of in this state at a permitted hazardous waste treatment, 

storage or disposal facility unless the burning of such manifested waste to 

produce heat is otherwise lawful. [I.e., § 39~4424, as added by 1989, ch. 253. 

§ 2, p. 626.] . 

Compiler'. Dotes. Section 1 of S.L. 1989, Section 3 of S.L. 1989, th. 253 declared an ch. 253 is compiled as f 39-4403. emergency. Approved March 29, 1989. 

nmental quality' shall assign a sufficient number of. employees and 

'pment to inspect hazardous waste facilities or sites permitted under 

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

hazar us waste occurs for the purpose of assuring the protection of the 

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

hazardous astes'which have been transported by common camero 

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

(l) of this secti shall alert proper authorities or peace officers .regarding 

violations pursu to this chapter, violations pursuant to title 49. Idaho 

Code, and violations any rules issued pursuant to section 67-290lA, Idaho 

Code. 

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

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

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

Code, shall be brought as provid in that title. (I.C., § 39-4426, as added by 

1984, ch. 205,§ 4,p. 502; aJn. 198 ch.231,§ 3,p. 627; am. 1988,ch.265, 

§ 569, p. 549; am. 1999. ch. 383, § p. 1051; aJn. 2001, ch. 103, § 46, p. 

253.] 

Compiler'. DOtu. SectioQ 3 of S.L. 1984, Sa ns 45 and 47 ofS.L. 2001, ch. 103 are , th. 205 was repealed. compi! II 39-4403 and 39-4428, respecSection 4 of S.L. 1986, ch. 231 is compiled tively. as f 49-2201 - 49-2212, and section 2 was Section 58 of S.L. 1987, ch. 26S provided repealed. that tha act sll Id become effective on and 

Sectiona 568 and 570 of S.L. 1988, ch. 265 after January I, 89. 
 are compiled as §f 39-4410 and 40-701. 


Section 2 of S.L. 1999, th. 383, is compiled 


as § 40-510. 


39-4427. Commercial disposal fees. ­ (1) There is im 

owner or operator of every commercial hazardous waste disposa acilityor 

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

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

(a) Thirty dollars ($30.00) per gate ton or fraction thereoffor all haz dous wastes as defined by RCRA or section 39-4407, Idaho Code; 

(b) Twenty-five dollars ($25.00) per gate ton or fraction thereof for all . .... 
housand five hundred (2.500) gate tons or less of wastes received by a 

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

39-4427 HEALTH AND SAFETY 	 24

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

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

debris; iii) are hazardous wastes that become subject to regulation solely 

as a res t of a removal or remedial action taken in response to environmental co amination; or (iv) are hazardous wastes that result from 

corrective a ion or closure of a regulated or nonregulated hazardous 

waste manage ent unit; 

(d) Ten dollars 10.00) per gate ton or fraction thereof for all wastes 

contained in par ph (c) of this subsection. ifthe wastes are received by 

the same facility or ite and are from the same initial generator in an 

amount greater than 0 thousand five hundred (2.500) gate tons in the 

same calendar year; 

(e) Five dollars ($5.00) pe gate ton or fraction thereof for all hazardous 

wastes that: (i) are deliste r treated so that the wastes are no longer 

hazardous wastes; or (ii) are onhazardous radiologically contaminated 

wastes including materials fro the "Formerly Utilized Sites Remedial 

Action Program (FUSRAP)" sites ..stered by Ule government of the 

United States; or (iii) are PCBs in c centrations less than fifty (50) parts 

per million a,nd not otherwise regulate by Idaho or federal law; or (iv) are 

wastes not otherwise defined in this su ection. 

(2) The fees set forth in subsection (1) of . section shall not apply to any 

of the following types of wastes: 

, 	 (a) Wastes generated or disposed of by a pu . c agency or other person 

operating a household hazardous waste collect! program; 

(b) Wastes generated or disposed of by any agen of the state of Idaho. 

Any. waste for which the fees are waived under e provisions of this 

section must be noted as fee-waived waste on the retu equired in section 

39-4428. Idaho Code. and is subject to all audit pro . ions of section 

39-4429. Idaho Code. 

(3) For wastes disposed of by any agency of the state 0 daho at any 

commercial hazardous waste disposal facility or site perm ted under 

section 39-4409, 1da~o Code. the director. pursuant to a written 

with the director. the owner or operator of any such facility or s 

credit on the return required in section 39-4428. Idaho Code. and in 

remitted. an amount equal to the actual cost charged by such own or 

operator per gate ton or fraction thereof for the characterization. collecti 

identification, transportati9n, treatment. storage and disposal of wastes a 

such facility or site. (I.C., § 39-4427. am. and redesig. 1999. ch. 290, § 2, p . 

.. 

eement 

e fee 

Compiler'. notes. Former § 39-4427. 

which comprised 1984, th. 205, § 5, p. 502; 

am. 1992, ch. 251, § I, p. 735; am. 1993, ch. 

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

1310; am. 1995, ch. 127. § I, p. 856; am. 1997. 

th. 313. § 2, p, 926; was amended and redesignate as § 39-4427 A by S.L. 1998, ch. 229. 

§ I, p. 778. 

This section was fonnerty compiled as § 39­

4427A. 

'Section 3 of S.L. 2001, ch. 297, is compiled 

n.s§ 39-4403. 

• 
ch. 290.1 2. 

39-4427B 

c 

25 HAZARDOUS WASTE MANAGEMENT 39-4427C

[Amended and Redesignated.1 

Comp er'. noteL Former § 39-4427A This section was formerly compiled as f 39­

and redesignated as § 39-4427 4427A. 

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

isposal facility fee - Hazardous waste fees - Dupli. 

ion. [Repealed.] 

39-4427C. Treatment, stora,e or disposal facili fee. - (1) Any 

hazardous waste treatment, storage and disposal facility s dect to regulation by the department of health and welfare during calen r year 1998, 

shall be subject to a five thousand dollar ($5,000) fee to be re 'tted to the 

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

of calendar year 1998. 

(2) The fee set forth in subsection (1) of this section shall not a 

facilities which: 

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

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

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

Compiler's notes. Tn following sections 

were repealed by S.L. 1 cb. 290, § I, p. 

718, effective July I, 1999: 

Former section 39-4427B, w 'ch comprised 

S.L. 1998, ch. 229, § 2, p. 778, . S.L. 1999, 

ch. 49. f 1. was amended by S.L. 1 9, ch. 49, 

1 I, effective July I, 1999 and was epealed 

by S.L. 1999, ch. 290, § 1. effective uly I, 

1999. 

39-4427C. which comprised S.L. 199 • ch. 

229, I 3, p. 778, was repealed by S.L 19 , 

ch. 290.' I, effective July I, 1999. 

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

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

ch. 290, f I, effective July I, 1999. 

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

ch. 49, f 1 read: "Generator feel. (I) For 

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

fee to be remitted to the department ofhealth 

and welfare no later than thirty (30) days 

after the end of calendar year 1998, as fol· 

lows: 

"(a) A generator who generates two and 

two-tenths C2.2) 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 thollSand do1l8l"ll ($2,000); 

"(b) A generator who generatea· between 

two hundred twenty (220) and two thousand 

two hundred C2,200) pounds of hazardous 

waste in one (1) calendar month, shall be 

subject to an annual fee ofseven hundred fifty 

dollars ($750). 

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

is section shall not apply to generatora who: ~a) Are public or governmental entities; 

) Are dty cleaners; or 

"( Demonstrate, to the satisfaction of the 

direct ofthe department, an inability to pay 

all or a rtion of the fee. 

"Cd) Fo purposes of this section, "dty 

cleaners" ans any generator who owns or operates a inesa the primary purpose of 

which is to d lean apparel and fabrics for 

the general pub ,as described in standard 

industrial classi6c ion no. 7216." 

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

ch. 229 declared an emergency. Approved in 1 39-4427D. 

March 20, 1998. 
eh. 290, § 3, p. 716; am. 

39~4427D HEALTH AND SAFETY 26 

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

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

C e, shall only be required to pay the highest applicable fee under anyone 

(I) those sections. 

(2) or purposes ofthis section. the fee for section 39-4427 A, Idaho Code, 

shall be he total amount required to be paid under subsection (1) ofsection 

39-4427R. Idaho Code. [I.e., § 39-4427D, as added by 1998, ch. 229, § 4, p. 

778.1 

89-4428: CoUe ion of commercial disposal fees - Returns. ­ (I) The fees impose .nder section 39-4427, Idaho Code, shall be due and 

payable in monthly ins Iments by the owner, agent, employee, or operator 

ofsuch hazardoua waste cility or site and remittance shall be made to the 

Idaho department of en . ental quality on or before the fifteenth day of 

the month next sueceedin, e end ofthe monthly period in which the fee 

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

hazardous waste facility or site, n or before the fifteenth day ofthe month, 

shall make out a return, upon su forms settin, forth such information as 

ths department may require, sho , the amount of the fee for which the 

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

precedin, monthly period, 8Dd shall ign and transmit the same to the 

department, together with a remitt e for such amount in the form 

required. . . 

(2) The department may relieve any pe n or class of persons from the 

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

other reportin, periods, but in no event shall turns be filed for a period 

greater than three (3) months. [I.C., § 39-4428, s added by 1984, ch. 205, 

§ 6, p. 502; am. 1998, ch' 229, § 6, p. 778; am. 199 

2001, ch. 103, § 47, p. 253.] 

Compiler'. note•. Section 46 oCS.L. 2001, emergency. Approv 

ch. 103 is compiled as § 39-4426. Sec. to sec. reI. 

Section 8 of S.L. 1998. cb. 229 declared an in' 39-4427. 

39-4429. Books and records to be preserved - Ent and in8pec. 

tion by department ofenvironmental quality.- Every pe on or entity 

subject to the imposition ofthe fees specified in section 39-4427, aho Code, 

shall keep complete and accurate records, including itemized inv . ces and 

manifests for federally regulated types and quantities of hazardo waste 

ultiin~tely disposed of at a hazardous waste facility or site in IdaH . All 

books, documents and papers, computer tapes, discs, and other rec ds 

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

five (5) years from the date ofthe records or the date of the entries appearin ( in 

.... 

the records, unless the department in writing, authorized their destruc­ .. . U 

t 
HAZARDOUS WASTE MANAGEMENT 39-4431 27 

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

zardous waste facility or site where hazardous wastes are disposed and 

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

the azardous wastes or other chemicals contained therein, to determine 

whe r or not all the applicable provisions ofsections 39-4427 and 39-4428, 

Idaho de. are being fully complied with. Trade secret information obtained b the department under the· provisions of this section shall be 

treated in he same manner as such information obtained under section 

39-4411,Id 0 Code. If the department, or any of its authorized agents or 

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

interfered with making the examination of a hazardous waste facility or 

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

01' revocation ofthe cility or site's permit by the director ofthe department 

of environmental q lity under subsection (b) of section 39-4413, Idaho 

Code. [I.C., § 39-4429, added by 1984, th. 205, § 7, p. 502; am. 1998. th. 

229, § 6, p. 778; am. 19 • ch. 290, § 4, p. 718; am. 2001, ch. 103. § 48, p. 

253.] 

Co_piler's Dotes. Section 7 . ot 

th. 229 is compiled as § 39-4432. 

Section 5 of S.L. 1999. eh. 290 is co ( as § 39-4481. 

Section 49 of S.L. 2001, ell.. 103 is compi 

as § 39-4431. 

~ Section 8 ot S.L. 1998. th. 229 declared an 

emergency. Approved March 20, 1998. 

"Water- aDd "Chemical" Diatfnpished. 

The lepslature haa indicated by its use of 

the word "chemical" in several statutes t.hat 

water should not be considered to be a -chem· 

ical." Moosman v. Idaho Horse Racing 

Comm'n, 117 Idaho 949, 793 P.2d 181 (1990). 

394130. Additions and penalties. - The additions, penalties, and 

requirements provided by the Idaho in me tax act, sections 63-3046, 

63-3075,63-3076 and 63-3077,Idaho Code, a they now exist or as they may 

be subsequently amended. shall apply in the e manner and to the same 

extent to this act as to the Idaho income act and shall cover such 

additions, penalties and requirements and sh ,for this purpose, be 

described and be for acts, omissions, delinquencies, d requirements under 

this chapter. [I.e., § 39-4430, as added by 1984, ch. 05, § 8, p. 502.] 

394131. Collection and enforcement. - (1) The ollection and enforcement procedures available to the "Idaho state tax com ission provided 

by the Idaho income tax act, sections 63-3030A. 63-3038, 63 039, 63-3040. 

63·3042 through 63-3045A. 63-3047 through 63-3065A, 63·3 68, 63-3070, 

63--3071, 63·3072,63-3073 and 63-3078, Idaho Code, as they no exist or as 

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

department ofenvironmental quality for the enforcement of the co ercial 

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

thereunder. Said sections shall, for the aforementioned purposes, be co sidered part of this chapter and wherever liens or any other proceedings e 

defined as income tax liens or proceedings, they shall, When applied 1 

enforcement or collection under this chapter, be described as commercial 
'Compiler's D Section' of S.L. 1999, ch. 290, is compiled 

ferred to in this 8S t 31J.;4429. 

1989, ch. 363, t 2. 

Sectio1l 2 of S.L. 19 

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

compiled as It 39-4429 and 39-5803, rapec· aa t 89-4427. tively. 

39-4432. Distribut Dofcommercial disposal fee reVeDUes. ­ The 

39·4432 HEALTH AND SAFETY 28 

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

u awful seizure or sale ofhis property, or in any suit for refund or to recover 

erpayment, but only the state ofldaho shall be responsible for any final 

jud nt secured against the department of environmental quality and 

said ju ent shall be paid or satisfied out of the general fund of the state. 

[lC., I 3 431, as added by 1984, ch. 205, I 9, p. 502; am. 1997, ch. 313, 

I 3, p. 926; . 1999, ch. 290, I 5, p. 718; am. 2001, cb. 103, f 49, p. 253.] 

revenues received from e commercial disposal fees imposed by this 

chapter and any penalties, 'nterest, or deficiency additions. shall be paid 

over to the state treasurer b he department to be distributed periodically 

but no less frequently than qu erly as follows: . 

(1) An amount equal to ninety ve percent (95%) shall be remitted to the 

general fund of the state; and 

(2) An amount equal to the rem . . gfive percent (5%) shall be remitted 

to the county treasurer ofthe county 0 ounties where the activity occurred 

wbich caused the fees to be assessed pur ant to this chapter. Moneys shall 

be apportioned to the counties in the s proportional manner in which 

they were collected. Moneys returned to co nties shall be utilized by the 

county to respond to health and environme problems which may be 

caused by hazardous waste emergencies or spi! or improperly handled or 

packaged hazardous waste. [l.C.• § 39-4432. as dded by 1984. ch. 205, 

§ 10,p. 502; 8lD. 1989, ch. 419, t 1,p. 1023jam. 1 7,ch. 313, t 4,p.926; 

am. 1998. ch. 229, § 7. p. 778; am. 1999. ch. 290, § .' 718.1 

Complier's Dot.... Section 11 ofS.L. 1984, emergency. Approved ril 3, 1984. 

ch. 205 is compiled as § 67·2917. 

Section 6 of S.L. 1998, cb. 229 is compiled 

8S I 39-4429. 

Section U. ofS.L.1984, ch. 205 declared an 

Section 8'of S.L. 199 , 

emergency. Approved M 

s.c. to see. ref. This 

in § 39-7204. 

CHAPTER 45 

NATURAL DEATH ACT 

SECTION. 

39-4501. Short title. 

39-4502. Statement of policy. 

39-4503. Definitions. 

39-4504. Living will. 

39·4505. Durable power of attorney 

S£C'T10H. 

39·4506. Revocation. 

. 39·4507. Execution of directive. 

39-4508. Immunity. 

r 39-4509.. General provisions. lor