, ·e
 

I. 

e IDAHO HAZARDOUS WASTE 

MANAGEMENT ACT 
I 

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IDAHO CODE 

I- CONTAL.'HNG THE 

I: 

GENERAL LAWS OF IDAHO 

ANNOTATED 

ORIGL.'fALLY PUBLISHED BY AuTHORITY OF 

LAWS 1947, CHAPTER 224­

:~5, .. 

.~ REPUBLISHED BY A{rrHORITY OF ;i~

:;...;. LAWS 1949, CHAPTER 167 AS A.l.vlENDED 

Compiled Under the Supervision of the 

Idaho Code Commission 

PHILLIP M. BARBER 

B. NE\VAL SQtJYRES, JR. JYL ALLYN DINGEL, JR. 

COMlVliSSIONERS 

1'L'-\X iYI. SHEILS, JR. 

EXECUT~~SECRETARY

VOLUlVIE SEVEN A 

THE MICHIE CO:MPAL'fY 

Law Publishers 

CHARLOTTESVILLE, VIRGINIA 
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....".

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" 

COPY1UGHT© 1948, 1961, 1977, 1985, 1993 

BY 

i THE MICHIE COMPAl'.'"Y	 ; 

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All rights reserved.	 ! 

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385 HAZARDOUS WASTE l'tL~NAGE~lENT 39-4306 

e'
 

care, treatment or procedures, and the advice and disclosures of the attend­


ing physician or dentist, as vvell as the level of informed awareness of the
 

giver of such consent, shall be presumed sufficient. [1975, ch. 60, § 5, p.
 

124.] 

Cited in: LePelley v.,Grefenson, 101 Idaho Where plaintiff was challenging only the 

422, 614 P.2d 962 (1980). "advice and disclosures" and the "level of informed awareness:' he was only required to A)l'ALYSrS 

overcome an ordinary presumption as to the 

Challenge to presumption. sufficiency of consent. Rook v. Trout. 113 

Convincing proof. Idaho 652, 747 P.2d 61 (1987). 

Challenge to Presumption. Convincing Proof. 

Where a written consent is signed, this sec­ The "convincing proof' requirement of this 

tion states that the advice and level of in­ section applies only to challenges regarding formed awareness are only "presumed suffi­ whether the patient consented to the furnish­ cient." To challenge this. the plaintiff need ing of medical care, not to challeng-es to the not establish by convincing proof that the . sufficiency of the advice and disclo~ures and consent was secured maliciouslv or bv fraud. the level of informed awareness. Rook v, Rook v. Trout. 113 Idaho 652: 747 1'.2d 61 

Trout, 113 Idaho 652, 747 P.2d 61 (1987). (1987). 

39-4306. Responsibility for consent and documentation thereof.­

Obtaining consent for such health care is the duty of the attending physician or dentist or of another physician or dentist acting on his or her behalf 

or actually providing the contemplated care, treatment or procedure; however, a licensed hospital and any medical or dental office lay or professional 

employee, acting with the approval of such a physician or dentist, may 

perform the ministerial act of documenting such consent by securing the 

completion and execution of a form or statement in which the giving of 

consent for such care is documented by or on behalf of a patient. In performing such a ministerial act, the hospital or medical or dental office lay or 

professional employee shall not be deemed to have engaged in the practice 

of medicine or dentistry. [1975, ch. 60, § 6, p. 124.] 

Compiler's notes. Section 7 of S.L. 1975, sent regarding health care is statutorily 

ch, 60 declared an emergency. Approved placed upon the physician or dentist. a hospiMarch 18, 1975. tal has no responsibility for consent. Keyser 

v. St. Mary's Hosp., 662 F. Supp. 191 m. 

Hospital. Idaho 1987). Since the responsibility for informed conCHAPTER 44 

HAZARDOUS WASTE MA..l.'J'AGE:YIENT 

SECTION. SECTION.
 

39-4401. Short title. release, use or disposal of haz­


39-4402. Legislative findings and purposes. ardous waste prohibited.
 

39-4403. Definitions. 39-4409. Permit requirements for hazardous
 

39-4404. Consistency with federal law. waste treatment, storage, or
 

39-4405. Rules and regulations in general. disposal facilities.
 

39-4406. General powers and duties of direc- 39-4410. Transportation of hazardous waste.
 

tor. 39-4411. Records - Reporting - Monitor39-4407. Identification of hazardous wastes. ing. 

39-4408. Unauthorized treatment, storage, 39-4412. Inspections - Right of entry. 
39-4401 HEALTH .<\.:."';0 SAFETY 3bo 

SECTION. SECTION. 

39-4413. Enforcement procedures. 39-4423. Disposal of restricted hazardous
 

39-4414. Remedies. wastes prohibited.
 

39-4415. Violations constituting misde- 39-4424. Disposal of manifested waste.
 

meanors. 39-4425. [Reserved.] 

39-4416. Citizen suits. 39-4426. Appointment of health inspectors. 

39-4417. Hazardous waste emergency ac­ 39-4427. H~ardous waste disposal fee. 

count. 39-4428. Collection of fees - Returns. 

39-4417A. [Reserved.] 39-4429. Books and records to be preserved 

39-4417B. Hazardous waste training, emer­ - Entry and inspection by de­ .­

gency and monitoring ac­ partrnent of health and welcount. fare. 

39-4418. Local government notice. 39·4430. Additions and penalties..
 39-4419. Interstate cooperation. 39-4431. Collection and enforcement.
 

39-4420. Employment security. 39-4432. Distribution of hazardous waste
 

39-4421. Good samaritan protection. disposal fee revenues. _.
 39-4422. Severability.
 .'.~

39-4401. Short title. - This act may be known and cited as the "Hazardous Waste Management Act of 1983." [I.e., § 39-4401, as added by 

1983, ch. 154, § 1, p. 416.] 

Compiler's notes. The words "this act" Sec. to sec. ref. This chapter is referred to .:.~ ­

refer to S.L. 1983, ch. 154, § 1 which is com­ in §§ 39-7114, 39-7403, 39-7421, 49-2206. 

piled as §§ 39-4401 through 39-4422. Cited in: State v. Hanna Mining Co., 699 .:.... 

F. Supp, 827 CD. Idaho 1987). ..'-'.:' 

"-:-­

39-4402. Legislative findings and purposes. - (1) The legislature of 

the State of Idaho finds: 

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

and the abatement of air and water pollution have resulted in ever-in­


creasing quantities of hazardous waste;
 

(b) That the public health and safety, and the environment, are threat­


ened 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 haz­


ardous waste management and disposal practices are generally avail­


able; and
 

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


come a matter 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 of living organ­


isms, 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. [I.e., § 39-4402, as added by 1983, ch. 154, § 1, p. 416.1
 

..:: .: 
e···.
 

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387 H..~ARDOUS WASTE l'L\.!.'\(AGEMENT 39-4403 

Compiler's notes. For words "this act," wastes into sewer systems. 47 A.L.R.3d 1224. 

see Compiler's notes, § 39·-4-40l. Applicability of zoning regulations to 

Collateral References. Validity and con­ waste disposal facilities of state or local govstruction of statutes, ordinances, or regula­ ernmental entities. 59 A.L.R.3d 1244. 

tions controlling discharge of industrial 

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

(1) "Beard" means the Idaho board of health and welfare. 

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

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

for a fee or other consideration, of hazardous waste generated offsite by 

generators other than the owner and operator of the facility. 

(3) "Department" means the Idaho department of health and welfare. 

(4) "Director" means the director of the Idaho department of health and 

welfare 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 beemittecLinto the air or discharged into any waters, including 

ground waters. 

(6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste 

material received at a facility. This weight does not include any subsequent 

changes to the weight resulting from the management of the waste by the 

facility. 

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

creation of a hazardous waste. 

(8) "Hazardous waste" means a waste or combination of wastes of a solid, 

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

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

(a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or 

'(Pi~ Pose a substantial threat to human health or to the environment if 

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

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

reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows 

or industrial discharges which are point sources subject to national pollution discharge elimination system permits under the Federal Water Pollution Control Act, as amended, 33 U.S.C., Section 1251 et seq., or source, 

special nuclear, or by-product 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. 

(11) "Injection" means the subsurface emplacement of free liquids. 
39-4403 HEALTH AND S•.l...FETY 388

(12) "Manifest" means a form used for identifying the quantity, composi­


tion, origin, routing, waste identification coders), and destination of hazard­


ous 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 of such waste. 

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

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

rights and duties. . 

(15) '(ReRA" means the Resource Conservation and Recovery Act of 

1976 as amended from time to time. 

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

wastes regulated as land disposal restricted pursuant to federal statutes 

and regulations, including 40 CFR part 268. 

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

disposal of such hazardous wastes. 

(18) "I'ransportation" means the movement of anv. hazardous waste to or . from a hazardous waste facility or site. 

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

to or from a hazardous waste facility or site. 

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

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

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

biological character or composition of any hazardous waste prior to storage ." .

or final disposal so as to neutralize such waste or so as to render such waste ";, 

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

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

term includes any activity or processing designed to change the physical ..

. ..".

" 

form or chemical composition of hazardous waste so as to render it nonhaz­ . 1:­ ".' ardous. 

(21) "Waste" means any solid, semisolid, liquid or contained gaseous 

material for which no reasonable use or reuse is intended or which is 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, § 1,p. 415: am. 1986, 

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

1082.] 

Compiler's notes. The Resource Conser­ Section 2 of S.L 1986. ch, 148 is compiled 

vation and Recovery Act of 19i6. referred to as § 39-4405. 

in subdivision n5> of this section, is compiled Section 2 of S.L. 1986, ch. 324 is compiled 

as 42 t:.S.C. § 6901 et seq. as § 39...g23. 

Section 2 of S.L. 1984, ch. 205 is compiled Section 2 of S.L. 1989. ch, 253 is compiled 

as § 39-4-410. as § 39-424. 
389 HAZARDOUS WASTE ~L~,{AGE1'IENT 39-4404

Cross ref. Inspection of hazardous waste Sec. to sec. ref. This section is referred to 

carriers, §§ 67.2929, 67·2930. in §§ 18-3905, 39-4423 and 67·2929. 

39-4404. Consistency with federal law, - The legislature intends 

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 6901 

et seq., and federal regulations adopted pursuant thereto, establish complex and detailed provisions for regulation of those who generate, transport, treat, store, and dispose of hazardous wastes. The legislature cannot 

conveniently or advantageously set forth in this chapter all the requirements of all of the regulations which have been or will be established under 

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

avoid the existence of duplicative, overlapping or conflicting state and federal regulatory systems. 

Therefore, the board is directed to promulgate rules which are consistent 

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

United States enviromnental protection agency to implement RCRA. 

Farmers and ranchers who treat, store, or dispose of waste pesticides from 

their operations on lands owned or controlled by them shall not be required 

by board rules to do anything more than follow the instructions on the 

pesticide label and triple rinse empty containers in accordance with the 

RCRA regulations of the environmental protection agency. The board may 

not promulgate any rule that would impose conditions or requirements 

more stringent or broader in scope than RCRA and the RCRA regulations 

of the environmental protection agency. The board may, however, promulgate procedural rules and rules specifically authorized by this chapter or 

other state statutes without showing that those rules are required by 

RCRA or the regulations of the environmental protection agency; provided 

that those rules shall not conflict with this section, other sections of this 

chapter, RCRA, or the regulations of the environmental protection agency. 

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

modified through the administrative process of chapter 52, title 67, Idaho 

Code. [I.e., § 39-4404, as added by 1983, ch. 154, § 1, p. 416; am. 1986, ch. 

182,§ 1,p. 479; am. 1988,ch.6,§ 1,p.6;aIn. 1988,ch.259,§ 1,p. 498; am. 

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

Compiler's notes. This section was . ceding "regulations of the environmental proamended by two 1993 acts - ch. 216, § 27 tection agency."; and in the present fifth senand ch. 291. § 2 both effective July 1. 1993­ tence deleted "or regulation" following "Any 

which do not conflict and have been compiled rule" and substituted "chapter 52, title 67, 

together. Idaho Code" for "section 67-5201. Idaho Code, The amendment bv ch. 216, § 27 in the et seq." first sentence of the second paragraph added The amendment by ch, 291, § 2 in the first 

"federal" following "6901 et seq .• and"; in the sentence of the third paragraph deleted "in third paragraph in the present first through substance" preceding "consistent with the third sentences deleted "and regulations" RCRA" and deleted a former second sentence. following "rules" whereever they appeared; Section 2 of S.L. 1988. ch. 259 is compiled in the present fourth sentence deleted "and 

as § 39-4409. regulations" following "rules" in the first four 

Sections 26 and 28 of S.L. 1993, ch. 216 are places it appears and deleted "rules and" pre­
39-4405	 HEALTH Al.'l'D SAFETY 390 

compiled as §§ 39-4120 and 39-4909, respec­ Section 2 of S.L. 1986, ch. 182, declared an 

tively. emergency. Approved April 1, 1986. 

Section 3 of S.L. 1993, ch. 291 is comoiled 

as § 39-4406. . 

39-4405. Ru1es and regulations in general. - Pursuant to the procedures established by the Idaho administrative procedures act, chapter 52, 

title 67, Idaho Code, the board shall adopt such rules and regulations as are 

necessary and feasible for the management of the generation, collection, 

transportation, treatment, storage, and disposal of hazardous wastes within 

the state. The board shall also adopt such rules and regulations as necessary to regulate persons who produce, burn, distribute, and market fuel 

containing hazardous waste. The rules and regulations promulgated by the 

board shall be a part of this code and shall have the force and effect of law. 

Such rules and regulations shall include, but not be limited to: 

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

of wastes is hazardous for the purposes of this chapter; :1 

(2) Rules and regulations for those who generate, transport, treat, store, 

or dispose of hazardous wastes; . 

(3) Rules and regulations, consistent with those issued by the United " -

··:·1·· States environmental protection agency and the United States department 

of transportation, for containerization, labeling and manifesting of hazardous wastes; 

(4) Rules and regulations specifying the terms and conditions under . ­

···1" . which the department shall issue, modify, suspend, revoke, or deny such ::~.. 

permits as shall be required by this chapter; -~- _. ;; . 

(5) Lists of those wastes or combinations of wastes which are not compat­ :.~ '. 

.. ~.

ible and which may not be stored or disposed of together; 

(6) Procedures and requirements for the reporting of the generation,	 ····:I~· .~_. ~., . transportation, treatment, storage or disposal of hazardous wastes; :-c:···

I (7)	 Rules and regulations establishing standards and procedures for the 

"-::.:-:. ­ training of personnel at generation sites and at hazardous waste facilities ~_ t.::· 

....- .. and sites; 

(8) Release detection, prevention and correction regulations applicable to '-·1'·'

.:~:" .~:- .. all owners and operators of underground storage tanks, as may be neces­ °t': ._­

sary to protect human health and the environment. [I.C., §39-4405, as 

added by 1983, ch. 154, § 1, p. 416; am. 1986, ch. 148, § 2, p. 415.] 

Compiler's notes. Sections 1 and 3 of S.L. Sec. to sec. ref. This section is referred to 

1986, ch. 148 are comoiled as §§ 39-4403 and in § 39-441l. 

39-4408. . 

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

(1) Shall take all actions not inconsistent with this chanter as are necessary and feasible to enable the department to assume and continue primacy 

over hazardous waste management, pursuant to RCRA; 

(2) May conduct and publish studies of hazardous waste management in 

this state; 
391 HAZARDOUS \VASTE l'i!AJ.'fAGEivIENT 39-4408 

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

effective management of hazardous wastes within this state. Such a plan 

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

establishment of hazardous waste treatment or disposal facilities or sites; 

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

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

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

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

en. 291 is compiled as § 39-4404.
 

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

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

hazardous or nonhazardous, for the purposes of this chapter. 

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

hazardous wastes. The board may, with public notice but without the necessity of a public hearing, list as hazardous any waste or combination of 

wastes determined to be hazardous by the United States environmental 

protection agency. To accomplish this goal, the board may adopt by reference the regulations containing the lists of hazardous wastes and the set of 

characteristics for identifying hazardous wastes promulgated by the United· 

States environmental protection agency pursuant to RCRA. The board 

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

reflect regulatory amendments promulgated by the United States environmental protection agency. The board may adopt regulations for a state 

hazardous waste delisting program equivalent to that set forth in 40 CFR . 

sections 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. [LC., § 39-4407, as added by 1983, ch. 154, § 1, p. 416; am. 

1993, ch. 291, § 4, p. 1082.] 

Compiler's notes. Section 5 of S.L. 1993, Sec. to sec. ref. This section is referred to 

en. 291 is compiled as § 39-4410. in § 39-4411. 

39-4408. Unauthorized treatment, storage, release, use or disposal 

of hazardous waste prohibited. - (1) No person shall treat or store 

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

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

anyconstituent thereof, may enter the environment, unless the department 

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

activity involved or exempted the activity from permit requirements. 

(2) Effective six (6) months after the effective date [July 1, 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 section 3005(c) of 

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

director that: 
39-4409 HEALTH I .-\J."l'D SAFETY 392 

(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 of any existing or potential underground source of drinking water. 

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

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

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

(4) The board shall have authority to prohibit: 

(a) Land disposal of any hazardous waste; and 

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

such storage is solely for the purpose of the accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, 

treatment or disposal. [I.C., § 39-4408, as added by 1983, ch. 154, § 1, p. 

416; am. 1986, ch. 148, § 3, p. 415.] 

Compiler's notes. Section 3005(c) of Section 2 of S.L. 1986, en. 148 is compiled 

RCR.-\ referred to in subsection (2) of this sec- as § 39 .~ :05. 

tion is compiled as 42 U.S.C.~ § 6925(c). 

39-4409. Permit requirements for hazardous waste treatment, 

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

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

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

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

Permits may contain such conditions necessary to protect human health 

and environment. The board may exempt classes or categories of hazardous 

waste treatment, storage, or disposal facilities from the permit requirement 

if the exemption is in the public interest and consistent with RCRA requirements. The fact that a class or category of such facilities is not required to obtain a federal permit shall be persuasive evidence that an 

exemption is in the public interest. 

(2) Interim status granted by RCR.~ or a permit issued by the United 

States environmental protection agency prior to the date that the state 

program. is authorized by the administrator of that agency shall be adopted 

by the department as a state granted interim status or as a state granted 

permit until the department issues a new state permit. The board may 

adopt such rules and regulations as necessary to: 

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

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

replacement of existing units and lateral expansions of existing interim 

status facilities to comply with all regulations which apply to new facilities; and 

(c) Provide for the termination of interim status. 

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

terms and conditions for issuing permits to the described facilities and 

sites. The rules and regulations shall provide for, but not be limited to: 

.-.-: 

:.: 
I 393	 HAZARDOUS WASTE iV1AJ.'iAGE:VIENT 39-4409 

(a) Standards and procedures for the safe operation and maintenance of 

the facilities and sites; 

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

and sites; 

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

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

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

effective management, maintenance, and monitoring of the facilities and 

sites during and after operation; 

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

off-site; 

(f) Liability insurance in such form and amount as is necessary to compensate for potential damages caused by the facilities and sites; provided, 

that liability insurance shall not be required in the event that liability 

insurance is not required by the federal regulations adopted pursuant to 

the RCRA; 

(g) Emergency equipment and emergency response plans appropriate to 

the facilities and sites;" 

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

U.S.C. section 6974(b). 

(4) Permits shall be issued for a period not to exceed ten (10) years or the 

maximum period allowed under RCRA, whichever is greater. However, 

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

necessary to take into account changes in this chapter or regulations promulgated pursuant to it and improvements in technology. Permits issued to 

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

date of this chapter shall be reissued to conform with the provisions of this 

chapter and the rules and regulations promulgated under this chapter. 

(5) Any permit issued after the effective date of this provision shall require corrective action to be taken on-site and off-site for all releases of 

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

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

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

November 8, 1985, until the effective date of this provision shall be reissued to conform with this provision. 

(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.notbe harmful to the public 

intgr,est	 or inc.onsistent_Wtg-RC~r·equirements.A variance'-shall not 

exceedone"(1) year in duration a.ncfniay be renewed or extended only after 

the department provides public notice and an opportunity for public comment. 
39-4409 HEALTH A..N"D SAFETY ·394 

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

and demonstration permit for any hazardous waste treatment technology 

or process for which permit standards for such experimental activity 

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

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

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

operation of the facility for not longer than one (1) year (unless renewed as provided below); and 

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

types and quantities of hazardous waste which the director deems necessary for purposes of determining the efficiency and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment; and 

3. Include such requirements as the director deems necessary to protect human health and the environment (including, but not 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 

subsection in establishing the conditions of each permit without separate 

establishment of regulations implementing such criteria. 

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

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

human health and the environment, modify or waive permit application 

and permit issuance requirements established in the general permit regulations except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of applicable public participation procedures. 

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

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

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

more than three (3) times. [LC., § 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.) 

Compiler's notes. This section was The words enclosed in parentheses so apamended by two 1888 acts which appear to be peared in the law as enacted. 

compatible and have been compiled together. Section 5 of S.L. 1986. en. 148 is compiled 

The amendment by ch. 7, in the first sen­ as § 39-441l. 

tence of subsection (5), inserted "issued"; and Sections 1 and 3 of S.L. 1988. en. 259 are 

added subdivision (8)(dL compiled as ~§ 39-4404 and 39-4413, respec­ The amendment by ch. 259, in subdivision tivelv. 

(2llbl, inserted "existing interim status sur­ Se"c. to sec. ref. This section is referred to 

face impoundments"; and in the first sen­ in §~ 39-4413. 39-4426, 39-4427. 

tence of subsection (5). inserted "issued." 
-1 

...
 

e 395	 HAZARDOUS WASTE MANAGEMENT 39-4410 

39-4410. Transportation of hazardous waste. - (1) The board shall 

promulgate hazardous waste transportation rules and regulations to control the intrastate and interstate transportation of federally regulated 

types and quantities of hazardous waste. The rules and regulations shall be 

i - consistent with the rules and regulations issued by the United States department of transportation and the United States environmental protection 

agency. The rules and regulations shall also be consistent with the rules 

and regulations of the Idaho public utilities commission unless such consistency would impair the primacy or the effectiveness of the state's hazardous 

waste management program. In that case the board shall confer with the 

c- commission and endeavor to develop mutually acceptable transportation 

:1- rules and regulations. If mutually acceptable rules and regulations cannot 

.\- be developed, the board shall promulgate transportation rules and regulations that minimize conflict with the commission's rules and regulations 

()- while assuring the primary authority and effectiveness of the state's hazu.	 ardous waste management program. Rules and regulations so promulgated 

by the board shall prevail over conflicting rules and regulations of the 

commission. 

d-	 (2) The hazardous waste transportation rules and regulations shall apply 

to	 to all transporters of federally regulated types and quantities of hazardous 

waste generated either by themselves or by others. These rules and regulations shall apply to any movement of a regulated quantity of hazardous 

H:	 wastes to or from a hazardous waste facility or site. 

(3) The hazardous waste transportation rules and regulations shall proer vide for but not be limited to: 

(If (a) Standards for the containerization and labeling of hazardous wastes; 

(b) Standards for the handling and placarding of hazardous waste shipments; 

~a- (c) A hazardous waste tracking system requiring that: 

Ii - (i) All transporters of federally regulated types and quantities of hazardous waste obtain an identification number from the department, 

on the environmental protection agency, or another approved state proal gram, before accepting hazardous waste for transport; 

ed (ii) All shipments of federally regulated types and quantities of haz­

)-1.	 ardous waste to be shipped off site or received from off site be accompa1-1: nied by a manifest or similar form describing the hazardous waste 

being shipped and its destination; 

(iii) A copy of each manifest or similar form be returned to the generator and/or originator of the shipment and a copy be retained by the 

transporter for a minimum of three (3) years. :lc-d 

(4) The hazardous waste transportation rules and regulations may provide for special routing of hazardous waste shipments in this state when 

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

consistent with federal statutory, regulatory and constitutional requirements. 

(5) No commercial hazardous waste disposal facility or site permitted 

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

hazardous waste as defined by federal law from a motor vehicle or trailer 
39-4411 HEALTH Al"l'D SAFETY 396 

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

transporter has obtained a special permit from the Idaho transportation
 

department as provided in sections 49-2202 and 49-2203, Idaho Code. If an
 

improperly documented shipment of hazardous waste arrives at a permit­


ted commercial hazardous waste facility or site, the owner or operator of
 

the facility or site shall immediately notify the Idaho transportation de­


partment and the Idaho department of law enforcement and follow the
 

requirements of its permits and licenses for notification of appropriate
 

agencies. [I.C., § 39-4410, as added by 1983, ch. 154, § 1, p. 416; am. 1984,
 

ch.205,§ 2,p. 502; am. 1986,ch.231,§ 1,p.627;am.1988,ch.265,§ 568,
 

p. 549; am. 1993, ch. 291, § 5, p. 1082.] 

Compiler's notes. Sections 1 and 3 of S.L. Transportation Department shall be autho­


1984, ch. 205 are compiled as §§ 39-4403 and rized to permit any person renewing or pur­


39-4417B, respectively. chasing a vehicle registration on and after
 

Section 2 of S.L. 1986, ch. 231 is compiled July 1, 1986, to acquire a vehicle registration
 

as § 39-4417B. endorsement prior to January 1, 1987, and
 

Sections 567 and 569 of S.L. 1988, ch. 265 . any receipts therefrom shall be placed in the
 

are compiled as §§ 36-1301 and 39-4426. Hazardous Material/Hazardous Waste Trans­


Section 4 of S.L. 1993, eh. 291 is compiled portation Enforcement Account whieh is cre­


as § 39-4407. ated in section 49·2507, Idaho Code [amended
 

Section 5 of S.L. 1986, ch, 231, read: "An and redesignated as § 49-2205], which is en­


emergency existing therefor, which emer­ acted by Section 4, of this act and Section
 

gency is hereby declared to exist, Section 49-2507, Idaho Code, which is enacted by Sec­


49-2512, Idaho Code [amended and redesig­ tion 4 of this act shall be in full force and
 

nated as § 49-2210], which is enacted by Sec­ effect on and after July 1, 1986. Approved
 

tion 4 of this act shall be in full force and April 3, 1986." . .
 

effect on and after this act's passage and ap­ Section 586 of S.L. 198'j, en. 265 provided
 

proval. The remaining provisions of this act that the act should become effective on and
 

shall be in full force and effect on and after after January I, 1989.
 

January L 1987; provided, however, that the Cross ref. Motor Carrier Act, §§ 61-801­


Idaho Transportation Board and Idaho 61-818.
 

39-4411. Records - Reporting - Monitoring. - (1) Pursuant to the
 

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

. as necessary, such rules and regulations relating to records, reporting, and .:r 

-,monitoring as may be needed to achieve the purposes of this chapter. These 

rules may include, but shall not be limited to, prescribing procedures and 

requirements for: 

(a) The establishment, maintenance, and format of records and reports; 

(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
 

equipment; and
 

(fJ The provision of relevant information to the department."
 

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

under section 39-4407, Idaho Code, and the rules and regulations 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 regulations issued pursuant to subsection (1)
 

of this section shall be unlawful.
 
l 

t 

t

. 

t I ;: 397	 HAZARDOUS WASTE M.-L"i"AGE.:YIENT 39-4411 

1 (3) Information obtained by the department or by agents, contractors, or 

other representatives of the department, under any provisions of this chap­ i· ter, shall be available to the public, unless the information, or parts

thereof, if made public, would divulge methods, processes, or activities con­ I 

I 

j stituting trade secrets, in which case the information shall be subject to 

disclosure according to chapter 3, title 9, Idaho Code. Nothing in this subsection shall be construed as limiting the disclosure of information by the t

: department to any officer, employee, or authorized representative of the i state or the United States, as necessary to carry out the provisions of this 

I 

f chapter or the provisions of RCRA. The provisions of this section shall not 

limit the department's authority to release confidential information during 

an emergency involving hazardous waste, if the director determines that 

"release of the information is necessary to safeguard the public health and 

safety. 

(4) Each generator shall, at the discretion of the director, no later than 

thirty (30) days after the end of each calendar quarter submit a written 

report to the department including the following information: 

(a) The types and quant-ities of hazardous wastes generated; 

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

disposal by landfilling or other means of disposal; 

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

end of the reporting period; it (d) Whether such wastes are destined for disposal or treatment in this 

I 

state or whether such wastes are destined for disposal or treatment out­

. side this state. 

(5) The operator of each hazardous waste disposal facility or site in the 

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

quarter, submit a written report to the department providing information 1	 on the types and quantities of wastes received which were generated in 

Idaho, and information on the types and quantities of wastes received I 

I
 which were generated in other states.
 

(6) Prior to December 31 of each year the department shall submit a 

report to the governor and the legislature detailing the types and quantiI ties of hazardous wastes generated in this state, the types and quantities of 

such wastes shipped for treatment and disposal by landfilling or other 

means of disposal, the types and quantities of such wastes remaining in 

storage at the end of the most recent reporting period and the types and 

quantities of hazardous waste generated outside this state and shipped into 

this state for storage or disposal. [I.C., § 39-4111, as added by 1975, ch. 180, 

§ 2, p. 486; am. 1978, ch. 160, § I, p. 348; am. 1983, ch. 153, § 8, p. 407; 

am. 1988, ch, 264, § 16, p. 519; am. 1990, ch. 213, § 43, p. 480; am. 1993, 

ch. 291, § 6, p. 1082.] 

Compiler's notes. Sections 4 and 6 of S.L. Section 7 of S.L. 1993, ch. 291 is compiled 

1986. ch, 148 are compiled as §§ 39-4409 and" as § 39-4416. 

394413. Sec. to sec. ref. This section is referred to _: "; 

"I· .~" Section 42 of S.L. 1990, ch, 213 is compiled in § 39-4429. : "::,... " .;-	 as § 39-1393. 
39-4412 HEALTH AND SAFETY 398 

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

searches conducted under the authority of this chapter shall be performed 

in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United 

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

state shall not, under the authority granted by this chapter, conduct warrantless administrative searches of private property in the absence of either consent from the property owner or occupier or exigent circumstances 

such as a public health or environmental emergency. 

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

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

authorized state employee or representative may, upon presentation of appropriate credentials, at any reasonable time: 

(a) Enter upon any private or public property where hazardous wastes 

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

inspect and to secure samples of such wastes, their containers, and their 

labels; 

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

means of conveyance where hazardous wastes are or have been contained 

to inspect and to secure samples of such wastes, their containers, and 

their labels; 

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

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

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

to inspect and copy such documents. 

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

operator, the department shall provide the property owner or facility operator with a receipt for samples taken and a copy of sample analysis. Duplicate samples shall similarly be provided upon request if the requesting 

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

analysis with the department. 

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

facility owner or operator. The right of entry of a duly authorized state or 

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

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

working in a representative capacity for the department may, however, be 

made subject to additional confidentiality requirements so long as those 

requirements do not interfere unreasonably with the development of information by the department or the transmission of information from the 

contractor to the department or the United States environmental protection agency. 

(5) Any magistrate or district court judge is authorized to issue an administrative search warrant upon a request from the director· describing 

reasonable cause for issuance of the warrant or the existence of a reasonable program of inspection. [LC., § 39-4412, as added by 1983, eh. 154, § I, 

p. 416; am. 1990, ch. 213, § 44, p. 480.] 

1
 

-

-rl.!

... 

..~~. . .: 
399 HAZARDOUS W.A.STE ~L~NAGE~lENT 39-4413 

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

ca. 213 is compiled as 39-521l. 110 of the act should take effect July 1. 1993 

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

amended by § 16 of S.L. 1991. ch. 329 pro- July 1. 1990. 

39-4413.· Enforcement procedures. - (A) Whenever the director determines that any person is in violation of any provision of this chapter or 

any permit, standard, regulation, condition, requirement, compliance 

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

more of the following actions may be taken: 

(1) AD:M1L'ITSTRATIVE ENFORCE:iYIENT ACTIONS. 

(a) Notice. The director may commence an administrative enforcement 

action by issuing a written notice of violation. The notice of violation 

shall identify the alleged violation with specificity, shall specify each 

provision of the act, rule, regulation, permit or order which has been 

violated, and shall state the amount of civil penalty claimed for each 

violation. The notice of violation shall inform the person to whom it is 

directed of an opportunity to confer with the director or the director's 

designee in a compliance conference concerning the alleged violation. A 

written response may be required within fifteen (15) days of receipt of the 

notice of violation by the person to whom it is directed. 

(b) Scheduling Compliance Conference. If a recipient of a notice of violation contacts the department within fifteen (15) davs of the receipt of 4 •• 

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

conference shall be held within twenty (20) days of the date of receipt of. 

notice, unless a later date is agreed upon between the parties. If a compliance conference is not requested, the director may proceed with a civil 

enforcement action as provided in subsection (3) of this section. 

(c) Compliance Conference. The compliance conference shall provide an 

opportunity for the recipient of a notice of violation to explain the circumstances of the alleged violation and, where appropriate, to present a 

proposal for remedying damage caused by the alleged violation and for 

assuring future compliance. If the recipient and the director agree on a 

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

future compliance, they may enter into a consent order formalizing their 

agreement. The consent order may include a provision for payment of 

any agreed civil penalty. 

(d) Effect of Consent Order. A consent order shall be effective immedi­ : 

ately upon signing by both parties and shall preclude any civil enforce­ .. 

.•.

.

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

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

any appropriate district court specific performance of the consent order 

and such other relief as authorized in this chapter. 

(e) Failure to Reach Agreement on Consent Order. Ifthe parties cannot 

reach agreement on a consent order within sixty (60) days after the 

receipt of the notice of violation, or if the recipient does not request a 

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

director may commence and prosecute a civil enforcement action in dis­ , 

., ' 

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

I 
I 39-4413 HEALTH A:.~D SAFETY 400 

(2) PERMIT SUSPENSION OR REVOCATION PROCEEDINGS. 

(a) Grounds. The director may revoke or temporarily suspend the permit 

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

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

A violation that is shown to have occurred as the result of an unforeseeable act of God despite' a permitted party's reasonable efforts to comply with all applicable legal requirements shall not be grounds for a 

suspension or revocation. 

(b) Notice of Hearing. The director shall commence a permit suspension 

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

to suspend or revoke. The notice shall inform the permitted party of facts 

or conduct which warrant suspension or revocation of the permit. The 

notice, hearing, and record requirements for contested cases contained in 

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

and subsection (A)(2)(c) of this section shall apply to proceedings initiated under this subsection. Revocation or suspension of a permit shall 

become final fifteen (15) days after delivery of the notice of intent to 

revoke or suspend unless the permitted party requests a hearing. 

(c) Administrative Hearing Provisions. 

(i) Upon a timely request by a permit holder for a hearing to review 

the director's action under subsection (A)(2)(b) of this section, the director shall promptly conduct a hearing open to the public. The contested 

case provisions of the Idaho administrative procedure act shall apply to 

all hearings conducted under this subsection. 

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

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

issuance of an order in the nature of a subpoena compelling the attendance and testimony of witnesses and the production before the director of papers, books, drawings, documents, test results, and other evidence relevant to a permit suspension or revocation investigation or 

adjudication. 

(iii) After the hearing, the director shall issue a written opinion setting forth findings of fact, conclusions of law and an order. An aggrieved person subject to the director's order may seek its review as a 

final order in a district court as provided by the Idaho administrative 

procedure act. District court review of the director's decision shall be 

limited to the record developed before the director. 

(3) CIVIL ENFORCElvIE:N~ ACTION. The attorney general may commence and prosecute in district court a civil enforcement action. Civil 

enforcement actions shall be commenced and prosecuted in the district 

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

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

provision of this chapter or any rule, regulation, permit, condition, requirement, consent order, or order which has become effective pursuant 

to this chapter. Such action may be brought to compel compliance with 

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

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

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

~.
401 H...l.2ARDOUS	 \VASTE MANAGE:YIENT 39--±414 

. 

, 

4

'­

}	 administrative action before the attorney general may commence and 

prosecute a civil enforcement action. In addition, the attorney general .'J

may delegate this authority regarding civil enforcement actions to the 

prosecuting attorney of the county where a civil enforcement action may 

arise. 

(B) ACTIONS AG...L\.INST GUAR.-\1'lTORS. If the owner or operator is in 

bankruptcy, reorganization or other arrangement pursuant to the federal 

; bankruptcy code, or where jurisdiction cannot be obtained over an owner or ; operator likely to be solvent at the time of judgment, an action may be 1 

..

i brought directly against a guarantor of financial responsibility by the state

• 

or any injured party for any claim arising from conduct for which guaran­ f tees of financial responsibility have been made. The guarantor may invoke + 

all rights and defenses which would have been available to the owner or 

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

(C) LllvIITATION OF ACTION FOR ADIYIINISTRATIVE .-\1'ID CIVIL 

COTJRT PROCEEDINGS BROUGHT u"1'!"'DER THE PROVISIONS OF 

THIS CH.>\PTER. No civil or administrative proceeding may be brought to 

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

condition, requirement or order issued or promulgated pursuant to this 

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

reasonably to have had knowledge of the violation. [I.C., § 39-4413, as 

added by 1983, ch. 154, § 1, p. 416; am. 1986, eh. 148, § 6, p. 415; am. 1988, 

ch. 259, § 3, p. 498; am. 1989, ch. 38, § 1, p. 49.] 

Comniler's notes. The federal bankruntc­ Section 2 of S.L. 1988, ch, 259 is compiled 

code referred to in subsection (B) of this ·se~. as § 39...g09. 

tion is comniled as 11 U.S.C., § 101 et sec. Sec. to sec. ref. This section is referred to 

Section 5· of S.L. 1986, ch, 148 is compiled. in §§ 3S..g09, 39-: :29. 

as § 39-4411. 

39-4414. Remedies. - The remedies specified in this section are cumulative and nonexclusive. 

(1) jyIONETARY PENALTIES. 

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

application, label, manifest, record. report, permit or other document 

filed, maintained, or used for the purpose of complying with the provisions of this chapter shall be liable for a civil penalty not to exceed ten 

thousand dollars ($10,000) for each separate violation or for each day of a 

continuing violation. 

(b) ...Any person who violates this chapter or any permit, standard. regulation, condition, requirement. compliance agreement, or order issued .or 

promulgated pursuant to this chapter shall be liable for a civil penalty 

not to exceed ten thousand dollars ($10,000) for each separate violation 

or for each day of a continuing violation. 

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

account the seriousness of the violation and good faith efforts to comply 

with the law. . t::.; (2) ASSESS1vIENT OF COSTS. Any person who violates this chapter or l .. any permit, standard. regulation. condition. requirement. compliance 1 . 

• 

: 
39-4414 HEALTH AND SAFETY 402 

agreement, or order issued or promulgated pursuant to this chapter may be 

assessed for: 

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

(b) The state's costs, including the reasonable value of attorneys' services, for preparing and litigating the case; 

(c) The state's costs for mitigating, removing, correcting or terminating 

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

(d) The state's costs for impounding, storing, anddisposing of contaminated property; 

(e) Compensation for damages to publicly held resources including but 

not limited to, land, water, recreational uses, wildlife, fish and aquatic 

life to restore the resource to its highest previous use; . 

(D Compensation for damages to privately held resources including, but 

not limited to, livestock, land, water, or other personal property, and 

compensation for court costs allowed by statute, reasonable attorney's 

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

costs of trial preparation and trial of the case; 

(g) Compensation for damages to personal health and compensation for 

court costs allowed by statute, reasonable attorney's fees for trial preparation and trial of the case, and all other reasonable costs of trial preparation and trial of the case; 

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

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

(3) RESTRAINlNG ORDERS, INJ"LJNCTIONS Al'TD OTHER RELIEF. 

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

standard, regulation, condition, requirement, compliance agreement, or 

order issued or promulgated pursuant to this chapter shall be subject to a 

permanent or temporary injunction, restraining order, or other relief 

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

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

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

the proceeding that long term irreparable damage will occur should the 

injunction or order not be issued or that the remedy at law is inadequate. 

(b) A receiver may be appointed to oversee or operate aI1Y hazardous 

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

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

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

(4) PAThIENT TO HAZARDOUS WASTE EIvIERGENCY ACC01JNT. 

Moneys recovered by the department pursuant to subsections (1), (2), and 

(3) of this section and any moneys paid to settle any enforcement proceeding instituted under section 39-4413, Idaho Code, shall be paid into the 

hazardous waste emergency account created by section 39-4417, Idaho 

Code. [I.C., § 39-4414, as added by 1983, ch. 154, § 1, p. 416; am. 1984, ch. 

157, § 1, p. 383.] 
, 

i 

t 

I 

403	 H.AZARDOUS WASTE ivL~,{AGE)"IENT 39-4416 f 

e1
 .

!

oi. 

l 

: 

.. .-i	 :;-. 

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 ~l .... .	 .~ "1"­

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~r::" .:	 .....:. :. :i~, .	 ''':::./.:

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':OS' .z; ~,...!­ 't:: 

39-4415. Violations constituting misdemeanors. - (1) Any person 

who knowingly makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, 

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

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

than ten thousand dollars ($10,000) or to imprisonment not to exceed one 

(1) year, or to both, for each separate violation or for each day of a continuing violation. ' 

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

any permit, standard, regulation, condition, requirement, compliance 

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

be guilty of a misdemeanor and subject to a fine of not more than ten 

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

to both, for each separate violation or for each day of a continuing violation. 

(3) An action may be commenced and prosecuted by the attorney general. The director shall not be required to initiate or prosecute an administrative or civil action before the attorney general may commence and prosecute a criminal action. [I.C., § 39-4415, as added by 1983, ch. 154, § 1, p. 

416; am. 1984, ch. 54, § 1, p. 94.] 

39-4416. Citizen suits. - (1) Except as provided in subsection (2) of 

this section, any person who has been injured or damaged by an alleged 

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

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

a civil action on that person's own behalf against any person alleged to 

have committed the violation. A person commencing an action under this 

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

not less than one thousand dollars ($1,000) or in conformance with the 

requirements of rule 65(c) of the Idaho Rules of Civil Procedure if injunctive relief is sought. 

(2) No action may be commenced under subsection (1) of this section if 

the department has commenced and is diligently prosecuting an administrative, civil, or criminal action to require compliance with the law. Further, no action may be commenced under subsection (1) of this section 

-	 unless the plaintiff has given the department sixty (60) days' notice and 

substantial evidence of the violation upon which the citizens' action is 

based, However, if the department commences an action in a court of the 

state of Idaho, any interested person may intervene as provided in rule 

24(a) of the Idaho Rules of Civil Procedure. 

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

matter of right. , 

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

section, the court may award costs of litigation, including reasonable attorney and expert witness fees, to any prevailing party, whenever the court 

determines such an award is appropriate, except that the state of Idaho 

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

has become a party. 
39-4417 HEALTH AND SAFETY 404 

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

class of persons, may have under any other statute or the common law. 

[LC., § 39-4416, as added by 1983, ch. 154, § 1, p. 416; am. 1993, ch. 291, 

§ 7, p. 1082.] 

Compiler's notes. Sections 6 and 8 of S.L. 

1993. ch. 291 are compiled as §§ 39-4411 and 

39-4427, respectively. 

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

hereby created an account in the agency asset fund in the state treasury to 

be designated the hazardous waste emergency account. 

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

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

compliance proceedings, moneys allotted to the account in a court ordered 

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

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

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

hazardous waste emergency to pay the necessary costs of preventing, neutralizing, or mitigating any threat to the public health or safety, or to the 

environment caused by that emergency. 

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

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

(5) All moneys placed in the account are hereby perpetually appropriated 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 auditor upon presentation of the proper vouchers. 

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

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

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

account. [I.C., § 39-4417, as added by 1983, ch. 154, § 1, p. 416.] 

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

in § 39-4414. 

39-4417A. [Reserved.] 

39-4417B. Hazardous waste training, emergency and monitoring 

account. - (1) There is hereby created an account in the dedicated fund in 

the state treasury to be designated the hazardous ·waste training, emergency and monitoring account. 

(2) The account shall consist of: 

(a) Moneys appropriated to the account; 

(b) Moneys as provided in section 39 4432, Idaho Code; 

(c) Donations, gifts and grants from any source; and 

(d) ..Any other moneys which may hereafter be provided by law. 

(3) Moneys in the account may be appropriated for any or all of the 

following purposes: . 

i 
1 405 HAZARDOUS WASTE lli1AJ.'fAGEMENT 39-4420 I (a) Acquisition of property and equipment by the department of health 

and welfare to analyze, monitor, contain, collect or dispose of hazardous 

wastes; 

(b) Employment of or contracting with necessary personnel to analyze, 

monitor, contain, collect or dispose of hazardous wastes; or 

(c) Employment of individuals or contracting with individuals or corporations to respond throughout the state to health and environmental 

'problems which may be caused by hazardous waste emergencies or spills, 

improperly packaged or handled hazardous waste or the alleviation of 

damages to the people and environment of the state of Idaho caused by 

such emergencies or spills. 

(d) Taking removal or remedial action relating to hazardous wastes 

which the department deems necessary to prevent, minimize or mitigate 

damage to the public health and welfare or the environment. [I.C., 

§. 39-4417B, as added by 1984, ch. 205, § 3, p. 502; am. 1986, ch. 231, § 2, 

p. 627.] 

Compiler's notes. Sections 2 ajid 4 of S.L. compiled as §§ 39-4410 and 39-4426, respec1984, ch. 205 are compiled as §§ 39-4410 and tively. 

39-4426, respectively. Sec. to sec. ref. This section is referred to 

Sections 1 and 3 of S.L. 1986, ch. 231 are in § 39-4432. 

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

waste land disposal facility 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 the proposed facility or site is to be located. [LC., 

§ 39-4418, as added by 1983, ch. 154, § 1, p. 416.] 

39-4419. Interstate cooperation. - The director shall have the power 

and the duty to encourage cooperative activities between the department 

and other states for the improved management of hazardous wastes, and so 

far as is practical, to provide for uniform state regulations and for interstate agreements relating to hazardous waste management. The state may 

enter into such agreements with other states to accomplish the purposes as 

set out in this chapter. [I.C., § 39-4419, as added by 1983, ch. 154, § 1, p. 

416.] 

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

waste generator, transporter or treatment, storage, or disposal facility or 

site shall be dismissed, suspended, or otherwise discriminated against because the employment testifies, provides information or otherwise assists 

in the enforcement or administration of the provisions of this chapter. 

(2) Any employer who knowingly violates the provisions ofsubsection (1) 

of this section shall be liable for damages, costs and attorneys' fees, in 

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

other statute, or by the common law. [I.C., § 39-4420, as added by 1983, ch. 

154, § 1, p. 416.] 

; i 
39-4421 HEALTH Ai'l'D SAFETY 406 

39-4421. Good samaritan protection. - (1) Notwithstanding any 

provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or 

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

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

up or dispose of any such leakage, seepage or other release, shall be subject 

to civil liabilities or penalties of any type. 

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

not apply to any person: 

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

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

liable therefor; or 

(b) Who receives compensation other than reimbursement for out-ofpocket expenses for services in rendering such assistance or advice. 

(3) Nothing in section (1) above shall be construed to limit or otherwise 

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

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

misconduct. [LC., § 39-4421, as added by 1983, ch. 154, § 1, p. 416.] 

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

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

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

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

act. [LC., § 39-4422, as added by 1983, ch. 154, § 1, p. 416.] 

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

Compiler's notes, § 39·4401. 

39-4423. Disposal of restricted hazardous wastes prohibited. ­

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

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

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

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

(2) The department may issue a variance from the requirements of subsection (1) of this section, if, in the judgment of the 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 into 

account: 

(a) The long-term uncertainties associated with land disposal; 

(b) The goal of managing hazardous wastes in an appropriate manner in 

the first instance; and 

(c) The persistence, toxicity, mobility, and propensity to bioaccumulate 

of such hazardous wastes and their hazardous constituents. 

(3) (a) The board shall promulgate rules and regulations specifying those 

levels or methods of treatment, if any, which substantially diminish the 

toxicity ofthe waste or substantially reduce the likelihood ofmigration of 

hazardous constituents from the waste so that short-term and long-term 

threats to human health and the environment are minimized. 

. . .­

.'. .:;..~~:

I 
I
 407 HAZARDOUS WASTE Mk'iAGEMENT 39-4426
 

(b) If such restricted hazardous waste has been treated to the level or by 

a method specified in regulations promulgated under this subsection, .- such waste or residue thereof shall not be subject to the prohibition in I
 f subsection (1) of this section and may be disposed of in a land disposal 

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

added by 1986, ch. 324, § 2, p. 794.] \ 

\ 

i 

I 

Compiler's notes. Section 1 of S.L. 1986, ! 

ch. 324 is compiled as § 39-4403. i 

i

'. 

39-4424. Disposal of manifested waste. - Manifested waste, as that 

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

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

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

produce heat is otherwise lawful. [LC., § 39-4424, as added by 1989, ch. 

253, § 2: p. 626.] 

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

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

39-4425. [Reserved.] 

39-4426. Appointment of health inspectors. - (1) The department 

of health and welfare shall assign a sufficient number of employees and 

equipment to inspect hazardous waste facilities or sites permitted under 

section 39-4409, Idaho Code, and located in Idaho where disposal of hazardous waste occurs for the purpose of assuring the protection of the health 

and safety of the public by monitoring the receipt and handling of hazardous wastes which have been transported by common carrier. 

(2) The employees of the department of health and welfare designated in 

subsection (1) of this section shall be agents of the Idaho transportation 

department and the public utilities commission for the purpose of collecting 

regulatory and registration fees pursuant to sections 61-811 and 61-812, 

Idaho Code, and for collecting fees and permits pursuant to chapter 4, title 

49, Idaho Code, which fees have not otherwise been lawfully paid by transporters to the public utilities commission, the Idaho transportation department or a county assessor in this state and for issuing permits pursuant to 

section 49-22202 [49-2202], Idaho Code. All moneys collected by the department's employees as agents of the Idaho transportation department and the 

public utilities commission shall be remitted to the state treasurer for deposit in the proper account as provided by law. 

(3) All employees of the department designated pursuant to subsection 

(1) of this section shall alert proper authorities' or peace officers regarding 

violations pursuant to this chapter, violations pursuant to title 61, Idaho 

Code, and violations pursuant to title 49, Idaho Code, and violations to any 

rules and regulations issued pursuant to any of the aforementioned code 

sections. 

All actions brought for violations of the provisions of this chapter or rules 

and regulations promulgated pursuant thereto shall be brought as provided 
39-4427 HEALTH AL'lD SAFETY 408 

.e 

for in this chapter. All actions brought for violations of the pro..visions of 

title 61, Idaho Code, or of title 49, Idaho Code, shall be brought as provided 

in those titles. [LC., § 39-4426, as added by 1984, ch. 205, § 4, p. 502; am. 

1986, ch. 231, § 3, p. 627; am. 1988, ch. 265, § 569, p. 549.] 

Compiler's notes. The bracketed refer­ Sections 568 and 570 of S.L. 1988, ch, 265 

ence "49-2202" in subsection (2) was inserted are compiled as §§ 39-4410 and 40-70l. 

by the compiler. Section 586 of S.L. 1987, eh. 265 provided 

Section 3 of S.L. 1984, eh. 205 is comoiled that the act should become effective on and 

as § 394417B. . after January 1, 1989. 

Sections 2 and 4 of S.L. 1986, ch, 231 are 

compiled as §§ 39-4417B and 49-2201 ­

49-2212, respectively. 

39-4427. Hazardous waste disposal fee. - (1) On and after July 1, 

1992, there is imposed on the owner or operator of every commercial hazardous waste disposal facility or site permitted under section 39-4409, 

Idaho Code, a fee of twenty-six dollars ($26.00) per gate ton, or fraction 

thereof, on all materials disposed of at the facility or site, and, on and after 

January 1, 1993, the fee shall be thirty dollars ($30.00) per gate ton, or 

fraction thereof, on all materials disposed of at the facility or site. 

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

any of the following types of wastes: 

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

operating a household hazardous waste collection program; 

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

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

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

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

39-4429, Idaho Code. [I.C., § 39-4427, as added by 1984, ch. 205, § 5, p. 

502; am. 1992, ch. 251, § 1, p. 735; am. 1993, ch. 291, § 8, p. 1082.] t 

Compiler's notes. Section 7 of S.L. 1993, Sec. to sec. ref. This section is referred to I 

en. 291 is compiled as § 394416. in § 39-4429. 

39-4428. Collection of fees - Returns. - The fees imposed under
 

section 39-4427, Idaho Code, shall be due and payable in monthly install­


ments by the owner, agent, employee, or operator of such hazardous waste
 

facility or site and remittance shall be made to the Idaho department of
 

. health and welfare on or before the fifteenth day of the month next succeeding the end of the monthly period in which the fee accrued. The owner, 

operator or designated employee or agent of the hazardous waste facility or 

site, on or before the fifteenth day of the month, shall make out a return, 

upon such forms setting forth such information as the department may 

require, 'showing the amount of the fee for which the owner or operator of 

the hazardous waste facility or site is liable for the preceding monthly I· 

period, and shall sign and transmit the same to the department, together 

with ". ,:.. a remittance for such amount in the form required. ·'I~.~-· (2) The department may relieve any person or class of persons from the 

obligation of filing monthly returns and may require the return to cover i~ .~ other reporting periods, but in no event shall returns be filed for a period '1'.. 

r 
409 HAZARDOUS WASTE ~L~~AGE?vrEm 39 '~~31

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

§ 6, p. 502.J 

39-4d.29. Books and records to be preserved - Entry and inspection by department of health and welfare. - Every person or entity 

subject to the imposition of the fees specified in section 39 4'~27, Idaho 

Code, shall keep complete and accurate records, including itemized invoices 

and manifests for federally regulated types and quantities of hazardous 

waste ultimately disposed of at a hazardous waste facility or site in Idaho . 

.All books, documents and papers; computer tapes, discs, and other records 

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

five (5) vears from the date of the records or the date of the entries anoear­ . .. ing in the records, unless the department in writing, authorized their destruction or disposal at an earlier date. For purposes ofthis act, at any time 

during usual business hours, the department or duly authorized agents or 

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

hazardous waste facility or site where hazardous wastes are disposed and 

inspect the premises, the records required to be kept under this chapter, 

and the hazardous wastes or other chemicals contained therein, to determine whether or not all the provisions of sections 39-4427 and 39-4428, 

Idaho Code, are being fully complied with. Trade secret information obtained by the department under the provisions of this section shall be 

treated in the same manner as such information obtained under section 

39 4411, Idaho Code. If the department, or any of its authorized agents or 

.employees is unreasonably denied free access or is unreasonably hindered 

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

or site, that hindrance or interference shall constitute grounds for suspension or revocation of the facility or site's permit by the director of the 

department of health and welfare under subsection (b) of section 39 4'~13,

Idaho Code. [I.C., § 39-4429, as added by 1984, ch. 205, § 7, p. 502.J 

"Water" and "Chemical" Distinguished. water should not be considered to be a "chemThe legislature has indicated by its use of ical." Moosman v. Idaho Horse Racing 

the word "chemical" in several statutes that Comm'n, 117 Idaho 949, 793 P.2d 181 (1990). 

39-4430. Additions and penalties. - The additions, penalties, and 

requirements provided by the Idaho income tax act, sections 63-3046, 

63-3075, 63-3076 and 63-3077, Idaho Code, as they now exist or as they 

may be subsequently amended, shall apply in the same manner and to the 

same extent to this act as to the Idaho income tax act and shall cover such 

additions, penalties and requirements and shall; for this purpose, be described and be for acts, omissions, delinquencies, and requirements under 

this chanter. [I.C., § 39-4430, as added by 1984, ch, 205, § 8, p. 502.] 

39-4431. Collection and enforcement. - (1) The collection and enforcement procedures available to the Idaho state tax commission provided 

by the Idaho income tax act, sections 63-3030A, 63-3038, 63-3039, 63-3040, 

63-3042 through 63-3045A, 63-3047 through 63-3065A, 63-3068, 63-3070, 

63-3071, 63-3072, 63-3073 and 63-3078, Idaho Code, as they now exist or as 
39-4432	 HEALTH AND SAFETY 410 

they may subsequently be amended, shall apply and be available to the ­

department of health and welfare for the enforcement of the hazardous 

waste disposal fee and for the assessment and collection of any amounts due e 

,.	 

thereunder. Said sections shall, for the aforementioned purposes, be considered part of this act and wherever liens or any other proceedings are defined as income tax: liens or proceedings, they shall, when applied in enforcement or collection under this act, be described as hazardous waste 

disposal fee liens and proceedings. 

(2) The department of health and welfare may be made a party defendant in any action at law or in equity by any person aggrieved by the 

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

recover an overpayment, but only the state of Idaho shall be responsible for 

any final judgment secured against the department of health and welfare 

and said judgment shall be paid or satisfied out of the hazardous waste 

disposal fee refund account. [I.C., § 39-4431, as added by 1984, ch. 205, § 9, 

p. 502.] 

Compiler's notes. Secticn 63-3070 referred to in this section was repealed by S.L. 

1989, ch, 363,	 § 2. 

39-4432. Distribution of hazardous waste disposal fee revenues. 

- The revenues received from the fees imposed by this chapter and any 

penalties, interest, or deficiency additions, shall be paid over to the state 

treasurer by the department to be distributed as follows: I 

(1) An amount of money to maintain the hazardous waste disposal fee 

refund account, which is hereby created, and from which all refunds autho­ I

rized to be paid by this act shall be paid, at a monthly balance of ten 

thousand dollars ($10,000) or at such greater sum as in the opinion of the 

department may be needed to meet reasonable requirements imposed on 

the hazardous waste disposal fee refund account. f

(2) The balance remaining with the state treasurer after deducting the 

amounts in (1) above, shall be remitted periodically but no less frequently 

than quarterly as follows: ninety-five percent (95%) shall be remitted to the f 

hazardous waste training, emergency and monitoring account created in 

section 39-4417B, Idaho Code, and the remaining five percent (5%) shall be 

remitted to the county treasurer of the county or counties where the activity occurred which caused the fees to be assessed pursuant to this chapter. 

Moneys shall be apportioned to the counties in the same proportional manner in which they were collected. Moneys returned to counties shall be 

utilized by the county to respond to health and environmental problems 

which may be caused by hazardous waste emergencies or spills, or improperly handled or packaged hazardous waste. [I.C., § 39-4432, as added by 

1984, ch. 205, § 10, p. 502; am. 1989, ch. 419, § 1, p. 1023.] 

Compiler's notes. Section 11 of S.L. 1984, Sec. to sec. ref. This section is referred to 

en. 205 is eomoiled as § 67-2929. in § 39-4417B. 

Section 14 of S.L. 1984, ch, 205 declared an 

emergency. Approved April 3, 1984. 
r

•:> 

I, 

1994 

POCKET SUPPLEMENT 

IDAHO CODE 

Compiled Under the Supervision of the 

Idaho Code Commission 

PHILLIP M. BARBER 

B. NEWAL SQUYRES, JR. M. ALLYN DINGEL, JR. 

COMMISSIONERS 

MAX M. SHEILS, JR. 

EXECUTIVE SECRETARY 

VOLUME 7A 

-. For your convenience in reporting any errors in these 

supplements or suggested improvements or additions you 

will find postpaid cards in the back of the 1994 Replacement Index Volumes. 

Place this supplement in the pocket of the corresponding 

volume of the set 

l 

\. COPYRIGHT © 1948, 1961, 1977, 1985, 1993, 1994 

'j All Rights Reserved

1 

By I 

1 

J 

8

.. ...
 

} THE MICHIE COMPANY
 

Law Publishers 

CHARLOTTESVILLE, VIRGINIA 

t 
33 HAZARDOUS WASTE MANAGEMENT 39-4403 

CHAPTER 41 

IDAHO BUILDING CODE ADVISORY ACT 

39-4101. Legislative finding and intent. 

Cited in: State v. Gage, 123 Idaho 620,853 

P.2d 620 (Ct. App. 1993). 

39-4105. Definitions. 

Sec. to sec. ref. This section is referred to 49-114, 63-307A, 63-2401, 63-3606, 

in §§ 39-4103, 44-2101, 44-2301, 49-104, 67-6509A. 

39-4109. Adoption of codes. 

Doors. involved, but on the type of area to which the 

The focus of the American National Stan­ door gives access. Morgan v. State, 124 Idaho 

dards Institute <ANSI) tactile warning re­ 658, 862 P.2d 1080 (1993). 

quirements for doors is not on the type of door 

CHAPTER 44 

HAZARDOUS WASTE MANAGEMENT 

SECTION. SECTION. 

39-4403. Definitions. 39-4427. Hazardous waste disposal fee. 

39-4417. Hazardous waste emergency account. [For effective date, see 

Compiler's notes.] 

39-4401. Short title. 

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

in §§ 39-7114, 39-7403, 39-7421, 49-2206, 

63-3029D. 

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

(1) "Board" means the Idaho board of health and welfare. 

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

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

for a fee or other consideration, of hazardous waste generated offsite by 

generators other than the owner and operator of the facility. 

(3) "Department" means the Idaho department of health and welfare. 

(4) "Director" means the director of the Idaho department of health and 

welfare 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. 

(6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste 

material received at a facility. This weight does not include any subsequent 

~.
39-4403 HEALTH AND SAFETY 34 

changes to the weight resulting from the management of the waste by the 

facility. . 

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

creation of a hazardous waste. 

(8) "Hazardous waste" means a waste or combination of wastes of a solid, 

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

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

(a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or 

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

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

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

reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows 

or industrial discharges which are point sources subject to national pollution discharge elimination system permits under the Federal Water Pollution Control Act, as amended, 33 U.S.C., Section 1251 et seq., or source, 

special nuclear, or by-product 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. 

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

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

point of treatment, storage or disposal. . 

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

generation is required to be manifested for transportation in a manner 

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

manifest requirements designed to assure proper treatment, storage and 

disposal of such waste, 

(14) npCB waste" means any waste or waste item which is not included 

in the definition of "hazardous waste" and which is contaminated with 

polychlorinated biphenyls. 

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

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

rights and duties. 

(16) '~RCRA" means the Resource Conservation and Recovery Act of 

1976 as amended from time to time. 
HAZARDOUS WASTE MANAGEMENT I 39-4417 

t 

(17) «Restricted hazardous waste" means a waste or combination of 1'.

wastes .. regulated as land disposal restricted pursuant to federal statutes 

:l

and regulations, including 40 CFR part 268. 

t18) "Storage" means the containment of hazardous wastes, on a tempo­ j

' .. :srI basis or for a period of years, in such a manner as not to constitute ',"r disposal of such hazardous wastes. •

f 

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

from a hazardous waste facility or site. ! 

(20) "Transporter" means any person who transports a hazardous waste 1, 

to or from a hazardous waste facility or site. I 

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

J 

i 

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

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

biological character or composition of any hazardous waste prior to storage } 

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

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

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

term includes any activity or processing designed to change the physical 

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

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

material for which no reasonable use or reuse is intended or which is intended to be discarded. [I.C., § 39-4403, as added by 1983, ch. 154, § 1, p. 

~16;anl. 1984,ch.205, § l,p. 502; aIn. 1986,ch. 148, § l,p. 415; am. 1986, 

ch.324,§ l,p. 794; arn 1989, ch. 253,§ l,p.626;azn. 1993,ch.291,§ l,p. 

1082; am. 1994, ch. 419, § 1, p. 415.] 

Compiler's notes. Section 2 of S.L. 1994, Sec. to sec. ref. This section is referred to 

ch, U9 is compiled as § 39-4427. in § 394423. 

39-4407. Identification of hazardous wastes. 

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

in ~§ 39-4411, 39-4427. 

39-4417. Hazardous waste emergency account. [For effective 

date, see Compiler's noees.l - (1) There is hereby created an account in 

the state treasury to be designated the hazardous waste emergency account. 

(2) The account shall consist of moneys appropriated' to the account by 

che legislature, moneys allotted to the account as a result of departmental 

compliance proceedings, moneys allotted to the account in a court ordered 

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

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

i 3) Moneys in the account may be used by the director in the case of a 

hazardous waste emergency to pay the necessary costs of preventing, neu­

:ralizing, or mitigating any threat to the public health or safety, or to the 

~nvi.ronment caused by that emergency. 
39-4427 HEALTH AJ.'iD SAFETY 36 

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

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

(5) All moneys placed in the account are hereby perpetually appropriated 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 vouchers. 

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

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

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

account. (I.C., § 39-4417, as added by 1975, ch. 180, § 2, p. 486; am. 1994. 

ch. 180, § 74, p. 420.] 

Compiler's notes. This section will be ef· Section 241 of S.L. 1994. ch. 180 provided: 

fective January 2, 1995, ifthe amendment to "This act shall be in full force and effect or: 

the Constitution of the State of Idaho to and after the first Monday of January, 1995 

change the name of the state auditor to the if the state board of canvassers has certifiec 

state controller is adopted at the general elec­ that an amendment to the Constitution of the 

tion of 1994 [1994, S.J.R. No. 109]. For this State of Idaho has been adopted at the gen

eral election of 1994 to change the name 0, section as effective until the amendment is 

the state auditor to state controller." adopted, see the bound volume. 

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

compiled as §§ 39-422 and 39-7110, respectively. 

39-4427. Hazardous waste disposal fee. - (1) On and after July 1 

1994, there is imposed on the owner or operator of every commercial haz 

ardous waste disposal facility or site permitted under section 39-4409 

Idaho Code, the following waste disposal fees: 

(a) Hazardous wastes as defined by RCRA or section 39-4407, Idahc 

Code: thirty dollars ($30.00) per gate ton or fraction thereof disposed of a: 

the facility or site; 

(b) PCB and all other wastes: twenty-five dollars, ($25.00) per gate ton 01 

fraction thereof disposed of at the facility or site. 

(2) The fees set forth in subsection (1) of this section shall not apply tr 

any of the following types of wastes: 

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

operating a household hazardous waste collection program; 

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

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

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

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

39-4429, Idaho Code. 

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

commercial hazardous waste disposal facility or site permitted under sec 

tion 39-4409, Idaho Code, the director, pursuant to a written agreemen 

with the owner or operator of any such facility or 'site, may credit to th- ; 

hazardous waste training, emergency and monitoring account an amoun : 

equal to the actual cost charged by such owner or operator per gate ton o ; 

fraction thereof for disposal of wastes at such facility or site. [I.C. 

§ 39-4427, as added by 1984, ch. 205, § 5, p. 502; am. 1992, ch, 251, § 1, 1= 

735; am. 1993, ch. 291, § 8, p. 1082; am. 1994, ch. 419, § 2, p, 1310., 
Compiler's notes. Section 1 of S.L. 1994, 

6. 419 is compiled as § 39-4403. I CH..~R 45 

NATURAL DEATH ACT 

39-4501. Short title. 

Sec. to sec. ref. Sections 39-4501 

39-4509 are referred to in § 39-150. 

CHAPTER 49 

IDAHO HEALTH PLAl.'iNING ACT 

;=:crION. SECTION. 

39-4901. Purpose and policy. 39-4904. Judicial review. 

39-4902. Definitions. 

39-4903. Cooperative agreements - Certification. 

39-4901. Purpose and policy. - It is the intent of the legislature to 

provide to all of Idaho residents a quality health care system for a reasonable cost and to prevent the deterioration ofsuch system by the duplication 

of services or the introduction of new categories of services that are not 

necessary to their health. It is further the intent of the legislature to promote cooperation among health care providers in health planning activities 

and to provide access to necessary care for all who require it. It is hereby 

declared that it is in the public interest of the state, to provide for the relief 

from penalties of state and federal law, cooperative planning in health care 

that is likely to benefit the residents of the state. [I.C., § 39-4901, as added 

by 1994, ch. 283, § 2, p. 883.] 

Compiler's notes. A former § 39-4914 Chapter 49, Title 39 [39-4901 - 39-49141 

provided: "'Three (3) years from the effective was not reenacted subsequent to 19.80. Addidate of this act [SL. 1980, ch, 121, § 1, p, tionally, S.L. 1994, en. 283, § 1, provided 

2621. this chapter shall become null and void that Chapter 49, Title 39 was repealed. effecunless reenacted by th.e Idaho legislature." tive July 1, 1994. ­

39-4902. Definitions. - As used in this chapter: 

(1) "Cooperative agreement" means a written agreement between two (2) 

or more health care providers for the sharing, allocation or referral of 

patients, or the sharing or allocation of personnel, instructional programs, 

support services and facilities, medical, diagnostic, therapeutic or procedures or other services customarily offered by health care providers. 

(2) "Certificate of public advantage" means a document issued by the 

attorney general to parties to a cooperative agreement, verifying that the 

attorney general declares that the purposes and objectives of the cooperative agreement meet the standards for such agreements set forth by statute. 

(3) "Health care provider" means any person or health care facility licensed, registered, certified, permitted or otherwise officially recognized by 

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