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# e IDAHO HAZARDOUS WASTE

MANAGEMENT ACT

### I I 

# IDAHO CODE

I- CONTAL.'HNG THE

I: 

# GENERAL LAWS 

# OF IDAHO ANNOTATED

ORIGL.'fALLYPUBLISHED BY AuTHORITY OF LAWS 1947, CHAPTER 224­ 

### :**~5,**

..**.~ ;i~**  REPUBLISHED BY A{rrHORITY OF
:;...;. LAWS 1949, CHAPTER 167 AS A.l.vlENDED



### Compiled Under the Supervision ofthe 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 

### LawPublishers CHARLOTTESVILLE, VIRGINIA" , :l

;0­ "

.... ".

.:.

"

COPY1UGHT© 1948, 1961, 1977, 1985, 1993

BY i THE MICHIE COMPAl'.'"Y ; i ;
All rights reserved. ! i 

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### i '" /. i 

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# I I


# 1 \ 

# 1 , 

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# t t385 HAZARDOUS WASTE**l'tL~NAGE~lENT** 39-4306 

# e' care, treatment or procedures, and the advice and disclosures ofthe attend­ ing physician or dentist, as v vell 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 writtenconsent is signed, this sec­ The "convincingproof' 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 patientconsented 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. Responsibilityfor consentand documentation thereof.­ Obtaining consent for such health care is the duty of the attending physicianordentist or ofanotherphysician or dentist actingon his orherbehalf
or actually providing the contemplated care, treatment or procedure; however, a licensedhospital 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 consentfor suchcareis documentedby or on behalfof a patient. Inperforming 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 con
### CHAPTER 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 ofdirec- 39-4410. Transportation ofhazardous 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 andinspectionby 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 chapteris 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. Legislativefindings 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 technologynecessary 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 ofproper management ofhazardous 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 withinthe state. 

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

### ..:: .:

# e···.**.~** J 2 '-- 

### &?**.~** 387**H..~ARDOUS** WASTE l'L\.!.'\(AGEMENT 39-4403
Compiler's notes. For words "this act," wastes into sewersystems. 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 ofstate 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 wastefacility whose primarybusinessis the treatment, storage or disposal, for a fee or other consideration, of hazardous waste generated off site 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 ofthe Idaho department ofhealth 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 thereofmay enter the environment or beemittecLinto the air or dischargedinto anywaters, including ground waters. (6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste materialreceived at a facility. This weight does not include any subsequent changes to the weight resulting from the management ofthe waste by the facility. (7) "Generator" means anyperson, who by virtue ofownership, management, or control, is responsible for causing or allowing to be caused the creation of a hazardous waste. (8) "Hazardous waste"means a wasteor combination ofwastes of a solid, liquid, semisolid, or contained gaseous form which, because ofits quantity, concentration or characteristics (physical, chemical or biological) may: (a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or**'(Pi~** Pose a substantial threat to human health or to the environment if improperlytreated, stored, disposed of,ormanaged. Suchwastes 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 industrialdischargeswhich arepoint sources subjectto national pollution discharge elimination system permits under the Federal Water PollutionControlAct, as amended, 33 U.S.C., Section 1251 etseq., 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 ofthe collection, source separation, storage, treatment, transportation, process

### ing, and disposal of hazardous wastes. (10) "Hazardous waste facility or 

### site" means anyproperty, 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.

### 388 39-4403 HEALTH AND S• .l...FETY


### (12) "Manifest"means a form usedfor identifyingthe quantity, composi­ tion, origin,routing, wasteidentification coders), 

### anddestination ofhazard­
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 similarto that ofthe federal uniformhazardous 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 ofhazardous wastes, on a temporary basis or for a period ofyears, in such a manner as not to constitute disposal of such hazardous wastes. (18) "I'ransportation"means themovement ofanv


# . 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 ofany hazardous waste prior to storage

."

. 

### or final disposal so as to neutralize suchwaste or so as to render suchwaste ";, 

### 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 ofhazardous 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 ofS.L 1986. ch, 148 is compiled vation and Recovery Act of 19i6. referred to as § 39-4405. in subdivision

### n5> ofthis section, is compiled Section 2 ofS.L. 1986, ch. 324 is compiled
as 42 t:.S.C. § 6901 et seq. as § 39...g23. Section 2 ofS.L. 1984, ch. 205 is compiled Section 2 ofS.L. 1989. ch, 253 is compiled
as § 39-4-410. as § 39-424.HAZARDOUS WASTE**~L~,{AGE1'IENT** 

### 39-4404 389

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 thatthe stateofIdaho enact andcarryout a hazardous waste programthat

. will enable the state to assume primacy overhazardous waste control from the federal government. Thelegislaturefinds thattheRCRA, 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 ofhazardous wastes. The legislature cannot
conveniently or advantageously set forth in this chapter all the requirements ofall oftheregulations whichhavebeenor willbe establishedunder RCRA. However, by theprovisions ofthis chapter, the legislaturedesires to avoid the existence ofduplicative, overlapping or conflicting state and federal regulatory systems. Therefore, theboard is directedto promulgate rules which are consistent withRCRA andthefederal regulations adoptedby the administratorofthe United States enviromnental protection agency to implement RCRA. Farmers and ranchers who treat, store, or dispose ofwaste pesticides from their operations onlands owned or controlled bythem 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 ofthe 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 ofthe 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 ofthe environmental protection agency; provided that those rules shall not conflict with this section, other sections of this chapter, RCRA, or the regulations ofthe 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 "regulationsofthe environmentalproamended by two 1993 acts - ch. 216, § 27 tection agency."; and in the presentfifth senandch. 291. § 2 botheffective July 1. 1993­ tence deleted "or regulation" following "Any which do notconflict 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" anddeleted a former secondsentence. following "rules" whereever they appeared; Section 2 ofS.L. 1988. ch. 259 is compiled in the present fourth sentence deleted "and as § 39-4409. regulations" following "rules"inthe first four Sections 26 and 28 of S.L. 1993, ch. 216 are places it appears and deleted "rules and" pre­39-4405 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 andregulations in general.

- Pursuantto the procedures established by the Idaho administrative procedures act, chapter 

### 52, title 

### 67, Idaho Code, theboardshall adopt suchrules andregulations as are necessary and feasible for the managementof the generation, collection, transportation,treatment, storage, anddisposalofhazardous 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 containinghazardous waste. Therules andregulationspromulgatedby the board shall be a part ofthis code and shall have the force and effect oflaw. Such rules and regulations shall include, but not be limited to: (1) Criteria for the determination ofwhether any waste or combination of wastes is hazardous for the purposes of this chapter; 

# :1
(2) Rules andregulations for those who generate, transport, treat, store,
or dispose of hazardous wastes;

. (3) Rules and regulations, consistent withthose issued by the United "

- 

# ··:·1·· States environmental protection agency and the United States department oftransportation, for containerization, labeling and manifesting ofhazardous 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 ofthose wastes or combinations ofwastes 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 correctionregulations applicable to 

## '-·1'·'**.~:-** ..**.:~:"** all owners and operators of underground storagetanks, 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 necessaryandfeasible to enablethe departmentto assume andcontinueprimacy
over hazardous waste management, pursuant to RCRA; (2) May conduct and publish studies ofhazardous waste management in this state;

### 391 HAZARDOUS \VASTE l'i!AJ.'fAGEivIENT 

### 39-4408
(3) Shall develop, publish, andrevise as necessary a planfor the safe and· effective management ofhazardous wastes within this state. Such a plan may identify those locations in the state which are not suitable for the establishment ofhazardous waste treatment or disposal facilities or sites; (4) Shall exercise all powers and discharge all duties expressed in or impliedfromtheothersections ofthis chapter. [LC., § 

### 39-4406, as addedby 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 ofhazardous wastes. - (1) The board shall establish criteria for determining ifany waste or combination ofwastes 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 hazardouswastes. Theboardmay, withpublicnoticebutwithout 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 containingthe lists ofhazardous wastes and the set of characteristicsfor identifyinghazardous wastes promulgatedby 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 promulgatedby 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) and260.22. The state delistingprogram shallprovide for public notice and opportunity for comment before granting or denying delistingrequests. [LC., § 

### 39-4407, as addedby 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 

### anyconstituentthereof, mayenterthe environment, unless thedepartment 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] ofthis 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:I 39-4409 HEALTH .-\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) Placementinthe owneror operator'slandfillwillnotpresenta riskof 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 ofanyhazardous waste prohibitedfrom land disposal, unless such storage is solely for the purpose ofthe accumulation ofsuchquantities 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.-\ referredto in subsection(2) ofthis 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 permitfrom the department.The owneror operatorofthe facility
or siteratherthanthebuildershallbe responsible for obtainingthepermit. Permits may contain such conditions necessary to protect human health and environment. Theboardmay exemptclasses or categories ofhazardous wastetreatment, storage, or disposal facilities from thepermitrequirement 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 authorizedby the administratorofthat agency shallbe 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 ofexisting units and lateral expansions ofexisting interim status facilities to comply with all regulations which apply to newfacilities; 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 sitefrom all holders ofinterests intherealpropertycommittedto thatfacility or site; (d) Monetary assurances in such form and amount as are necessary for effective management, maintenance, andmonitoring ofthe 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 compensatefor potentialdamages causedby thefacilities and sites; provided, that liability insurance shall not be required in the event that liability insurance is not requiredby 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 shallbe issuedfor a periodnotto exceedten (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 promulgatedpursuantto it andimprovements in technology. Permits issuedto hazardous waste facilities andsites by the department priorto the effective date ofthis chapter shall be reissuedto conform with the provisions ofthis 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 managementunit at the treatment, storage, or disposal facility seekingthe

### 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 revokedby the director pursuant to the provisions of section 39-4413, Idaho Code, ifthe 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 ofthe rules andregulationspromulgatedunderthis section, if, inthejudgmentof the director, application of the requirements would cause unreasonable hardship andthe grantingofa variance would.notbe harmfulto the public intgr,estor**inc.onsistent_Wtg-RC~r·equirements.**A variance'-shall not exceedone"(1) yearin 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) Thedirectorofthe departmentmay issue a research, development and demonstrationpermitfor any hazardous wastetreatmenttechnology
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 ofhazardous 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 andthe 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 regardingtesting andproviding ofinformation to the director with respect to the operation of the facility. (b) The director may apply the criteria set forth inparagraph (a) ofthis subsectioninestablishingthe conditions ofeachpermitwithout separate establishment of regulations implementing such criteria. (c) For the purpose of expediting review and issuance ofpermits under this subsection, the director may, consistent with the protection of human health and the environment, modify or waive permit application and permitissuance requirements established inthe general permitregulations except that there may be no modification or waiver of regulations regardingfinancial 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 permitshall 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 apamendedby two 1888 acts which appearto be peared in the law as enacted. compatible and havebeen 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 ofhazardous 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 ofhazardous waste. The rules andregulations shallbe

i - consistent with the rules and regulations issued by the United States departmentoftransportation andtheUnited Statesenvironmentalprotection agency. The rules and regulations shall also be consistent with the rules andregulations ofthe Idaho public utilities commissionunless such consistencywould impairtheprimacyor theeffectiveness ofthe state'shazardous 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. Ifmutually 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 managementprogram. Rules and regulations so promulgated by the board shall prevail over conflicting rules and regulations of the commission. d- (2) Thehazardous wastetransportationrules andregulations shall apply

to to all transporters offederally regulated types and quantities ofhazardous waste generated eitherby 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 ofhazardous 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 offederally 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 shippedoffsite or received from offsite be accompa1-1: nied by a manifest or similar form describing the hazardous waste being shipped and its destination; (iii) A copy ofeach manifest or similarform 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 protectthepublichealth, thepublic 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 trailer39-4411 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. Ifan 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 addedby 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

.anyreceipts therefrom shall be placed in the
are compiled as §§ 36-1301 and 39-4426. Hazardous Material/Hazardous WasteTrans­

Section 4 of S.L. 1993, eh. 291 is compiled portation Enforcement Account whieh is cre­
as § 39-4407. atedinsection49·2507,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 enactedby 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 enactedby 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. MotorCarrierAct, §§ 61-801­ Idaho Transportation Board and Idaho 61-818.

39-4411. Records

- Reporting

- Monitoring.

- (1) Pursuantto the provisionsofsection 39-4405, Idaho Code, theboardshall adopt, and amend
. as necessary, such rules and regulations relating to records, reporting, and .:r

-,monitoringas maybe neededto achieve thepurposes ofthis chapter. These

rules may include, but shall not be limited to, prescribing procedures and requirements for: (a) The establishment, maintenance, and format ofrecords 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) ofthis section, the generation, transportation, treatment, storage, or disposal of a hazardous waste in this state by any person without reporting such activity to the departmentas requiredby theregulations issuedpursuantto 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 ofthe department, under any provisions ofthis chap­ ter, shall be available to the public, unless the information, or parts 

# i·

thereof, ifmade 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 ofinformation 

### 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 ofthis 

# I f chapter or the provisions ofRCRA. The provisions ofthis section shall not limitthe department's authorityto release confidential information during
an emergency involving hazardous waste, ifthe director determines that "release ofthe 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 ofeach 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 quanti

# I ties ofhazardous wastes generatedinthis state, thetypes 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 ofhazardous waste generatedoutside this state and shippedinto this statefor storageor disposal. [I.C., § 39-4111, as addedby 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·

# .~" Section42 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 againstunreasonable searches and seizures contained in the fourth amendment to the constitution ofthe United States and article I, section 17, ofthe constitution ofthe stateofIdaho. The state shall not, under the authority granted by this chapter, conduct warrantless administrative searches of private property in the absence of either consentfrom 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 orhavebeen generated, transported, treated, stored, or disposed of to inspect and to secure samples ofsuch wastes, their containers, andtheir labels; (b) Enterinto any aircraft, vehicle, vessel, rail car, trailer, van, or other
means ofconveyance 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 shallprovide theproperty 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 ofthe analysis with the department. (4) The right ofentry of a duly authorized state employee or representative shall not be subject to the waiver of any potential tort liability ofthe facility owner or operator. The right of entry of a duly authorized state or health district employee shall not be subject to any confidentialityrequirements 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 ofinformation 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 courtjudge 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 programofinspection. [LC., § 39-4412, as addedby 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.· Enforcementprocedures. - (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 writtenresponsemaybe requiredwithinfifteen (15) days ofreceipt ofthe notice of violation by the person to whom it is directed. (b) Scheduling Compliance Conference. Ifa recipient of a notice ofviolation 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 withintwenty (20) days of the date ofreceipt of. notice, unless a laterdate is agreeduponbetweentheparties. Ifa 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 opportunityfor therecipient of a notice ofviolationto explainthe 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. Ifthe 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 ofthe 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 complianceconferencepursuantto 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 directormayrevoke or temporarily suspendthe permit ofany 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 ofHearing. The director shall commence a permit suspension
or revocation actionby givinga permittedparty a writtennotice ofintent to suspendor revoke. The notice shallinform thepermittedparty offacts
or conduct which warrant suspension or revocation of the permit. The notice, hearing, andrecordrequirements for contestedcases 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 thedirector's actionunder subsection (A)(2)(b) ofthis section, the director shall promptly conduct a hearing open to the public. The contested
caseprovisions oftheIdaho administrativeprocedure act shall applyto 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 ofan order in the nature of a subpoena compelling the attendance and testimony ofwitnesses and the production before the director ofpapers, 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 ofthe 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 

### anyprovision ofthischapteror withanyrule, regulation,permitor order promulgatedhereunder, andfor anyreliefor remedies authorizedin 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 ofthe county where a civil enforcement action may arise. (B) ACTIONS AG

... L\.INST GUAR.-\1'lTORS. Ifthe owner or operator is in bankruptcy, reorganization or other arrangement pursuant to the federal

; bankruptcycode, or wherejurisdictioncannotbe obtainedover an owneror
; operator likely to be solvent at the time ofjudgment, an action may be 1



## .. i brought directlyagainsta guarantoroffinancial responsibility by the state • or any injured party for any claim arising from conduct for which guaran­ 

# f tees offinancial responsibilityhavebeenmade. 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 proceedingmay be brought to
recover for a violation ofthis chapter or any permit, standard, regulation, condition, requirement or order issued or promulgated pursuant to this chaptermore than two (2) years after the director had knowledge or ought reasonably to have had knowledge of the violation. [I.C., § 39-4413, as addedby 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.

- Theremedies specified inthis sectionare 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 ofthis chapter shall be liable for a civil penalty not to exceed ten thousanddollars ($10,000) for each separate violation orfor eachdayof a continuing violation. (b)

... Any personwho violates this chapteror anypermit, 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 ofmonetary penalties may take into account the seriousness ofthe 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 orderissuedor promulgatedpursuantto this chaptermaybe assessed for: (a) The state's costs for anynonroutine 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 andtrial ofthe case, and all otherreasonable costs oftrial preparation and trial of the case; (h) The imposition or computation of costs may take into account the seriousness ofthe violation and good faith efforts to complywith the law. (3) RESTRAINlNG ORDERS, INJ"LJNCTIONS Al'TD 

### OTHER RELIEF. (a) Any person who violates any provision ofthis chapter or any permit, standard, regulation, condition, requirement, compliance agreement, or orderissuedor promulgatedpursuantto this chapter shallbe subjectto a permanent or temporary injunction, restraining order, or other relief deemed appropriate. Upon a showing to the court that a violation is causing an imminenthazardto the public health, the public safety, or to the environment, the departmentneednot allege or prove at any stage of the proceeding that long term irreparable damage will occur should the injunctionor ordernotbe issuedor thatthe remedy atlawis inadequate. (b) A receiver may be appointed to oversee or operate aI1Y hazardous waste facility or site which is established or operated in violation ofthis 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) ofthis 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 addedby 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:;-.

. .

# 'I~'~'**.:l:~ ~l**  

## ....

.**.~** 

# "1"­

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-.



# _ .

. .**~:.** '. =1'.­
:. -.,.:

..**-~-:;** -.

### ~i'**:':~": ~.**  _ .....-:

..

# J&~'**j~** W:-..

### ~r::"

## :.**:i~,** .: .....:.

. ''':::./.: , ·zr ':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 usedfor thepurpose ofcomplyingwiththe provisions ofthis chapter shall be guilty of a misdemeanor and subject to a fine ofnot more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, orto both, for each separate violation or for each day of a continuing violation. ' (2) Any person who knowingly violates any provision ofthis 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 thousanddollars ($10,000) or to imprisonmentnot to exceed one (1)year, or to both,for eachseparateviolationor for eachday of a continuingviolation. (3) An 

### action may be commenced and prosecuted by the attorney general. The director shall not be required to initiate or prosecute an administrativeorcivil actionbefore the attorneygeneralmaycommence andprosecute 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 shallbe requiredto file a bond or equivalent security in an amount not less than one thousand dollars ($1,000) or in conformance with the requirements ofrule 65(c) ofthe 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 ofthe 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 actionbrought pursuant to this section,the courtmay awardcosts oflitigation, includingreasonable 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 assetfund 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 ofdepartmental 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 ofpreventing, neutralizing, or mitigating any threat to the public health or safety, or to the environment caused by that emergency. (4) Theboardmaypromulgateregulations for the withdrawal anduse 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) Pendinguse, 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 herebycreatedan accountinthe dedicatedfund 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 ofhazardous wastes; (b) Employment of or contracting with necessary personnel to analyze, monitor, contain, collect or dispose of hazardous wastes; or (c) Employment ofindividuals or contracting with individuals or corporations to respond throughout the state to health and environmental 

### 'problems whichmaybe causedby 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 addedby 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 arecompiled 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 notbe issued until the department has given ninety (90) days' notice to the board ofcounty 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 thepower and the duty to encourage cooperative activities between the department and other states for the improvedmanagement ofhazardous wastes, and so far as is practical, to provide for uniform state regulations and for interstate agreements relatingto hazardous waste management. The state may enterinto such agreements with otherstates to accomplishthepurposes 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) Anyemployerwho knowinglyviolatestheprovisions ofsubsection (1) of this section shall be liable for damages, costs and attorneys' fees, in addition to any otherliabilityfor reliefauthorized by this chapter, by any otherstatute, or by the commonlaw. [I.C., § 39-4420, as addedby 1983, ch. 154, § 1, p. 416.] ; i

### 39-4421 HEALTH Ai'l'D SAFETY 

### 406

39-4421. Good samaritan protection. - (1) Notwithstanding any provision oflaw 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 ofany suchleakage, seepage or otherrelease, shallbe subject to civil liabilities or penalties of any type. (2) The immunitiesprovided in subsection (1) ofthis section above shall not apply to any person: (a) Whose act or omission caused in whole or in part such actual or threatenedleakage, seepage or otherrelease andwho would otherwisebe 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.

- Theprovisions ofthis act arehereby declared to be severable and if any provision of this act or the application of such provision to anyperson or circumstance is declared invalid for any reason, such declaration shall not affect the validity ofremaining portions ofthis act. [LC., § 

### 39-4422, as added by 1983, ch. 154, § 

### 1, p. 416.]

Compiler'snotes. Forwords "this act" see Compiler's notes, § 39·4401.



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

­ (1) Notwithstanding any other provision oflaw 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 departmentmay issue a variance from the requirements ofsubsection (1) ofthis section, if, 

### in thejudgment 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 ofmanaginghazardous wastes in 

### an appropriate mannerin the first 

### instance; and (c) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents. (3) (a) Theboard shallpromulgaterules andregulations specifyingthose levels or methods oftreatment, if

### any, which substantially diminish the toxicity ofthewasteor substantiallyreducethe likelihoodofmigration 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) Ifsuch restricted hazardous waste has been treatedto 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) ofthis section and may be disposed of in a land disposal facilitywhichmeets the requirements ofthis 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 ofmanifested waste.

- Manifestedwaste, as that termis defined in section 39-4403, 

### Idaho Code, shall onlybe 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, andlocatedin Idaho where disposal ofhazardous waste occurs for the purpose of assuring the protection of the health and safety ofthe public by monitoring the receipt and handling ofhazardous wastes which have been transported by common carrier. (2) The employees ofthe departmentofhealth and welfare designated in subsection (1) 

### of this section shall be agents of the Idaho transportation departmentandthepublic utilities commissionfor thepurpose ofcollecting regulatory and registration fees pursuant to sections 61-811 

### and 61-812, 

### Idaho Code, andfor collecting fees andpermits pursuant to chapter 4, title 49, 

### Idaho Code,which fees have not otherwise been lawfullypaidby transporters to the public utilities commission, the Idaho transportation department or a county assessor in this state andfor issuingpermits pursuant to section49-22202 [49-2202], 

### Idaho Code. All moneys collectedby the department's employees as agents oftheIdahotransportationdepartmentandthe 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) 

### ofthis section shall alert proper authorities'or peace officers regarding violations pursuant to this chapter, violations pursuant to title 61, 

### Idaho Code, andviolations pursuant to title 49, 

### Idaho Code, andviolations to any rules and regulations issued pursuant to any of the aforementioned code sections. All actionsbroughtfor violations oftheprovisions ofthis chapterorrules andregulationspromulgatedpursuantthereto shallbe brought as provided39-4427 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 oftitle 49, Idaho Code, shallbe brought as provided in those titles. [LC., § 39-4426, as addedby 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 ofS.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 ofatthe 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) ofthis 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 ofthe state ofIdaho

.

• Any waste for which the fees are waived under the provisions of this sectionmustbe noted as fee-waived waste on the returnrequired 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 andwelfareon or beforethefifteenth dayofthe monthnext succeeding the end of the monthly period in which the fee accrued. The owner, operatoror designated employee or agentofthe 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'

.. 

# r409 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, shallkeep complete and accuraterecords, includingitemizedinvoices and manifests for federally regulated types and quantities of hazardous waste ultimately disposed ofat a hazardous waste facility or site in Idaho . .All books, documents and papers;computer tapes, discs, and other records required to be keptby this section shallbe preservedfor a periodofatleast five (5) vears from the date ofthe records or the date ofthe entries anoear­


# . .. ing in the records, unless the department in writing, authorized their destructionordisposal at anearlierdate. Forpurposes ofthis act, at anytime during usual business hours, the department or duly authorized agents or employees, may enter any place ofbusiness 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. Ifthe department, or any of its authorized agents or

.employees is unreasonably denied free access or is unreasonably hindered
orinterferedwith inmakingthe examinationof 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. watershouldnotbe consideredto 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 maybe subsequently amended, shall apply inthe same manner and to the
same extent to 

### this act as to theIdaho 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 theIdaho state tax commissionprovided 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 theynow exist or as39-4432 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 disposalfee andfor the assessmentandcollectionofany amounts due 

# e

,. 

### thereunder. Saidsections shall,for the aforementionedpurposes, 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 ofhealth 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 onlythe state ofIdaho shallbe responsible for any finaljudgment secured against the department ofhealth and welfare and saidjudgment shall be paid or satisfied out of the hazardous waste disposal fee refund account. [I.C., § 39-4431, 

### as addedby 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 ofmoney to maintain the hazardous waste disposal fee 

# I refund account, which is hereby created, andfrom which allrefunds autho­ 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 ofthe department may be needed to meet reasonable requirements imposed on 

# f

the hazardous waste disposal fee refund account. (2) 

### The balance remaining with the state treasurer after deducting the amounts in (1) 

### above, shall be remitted periodically but no less frequently thanquarterly as follows:ninety-fivepercent (95%) 

### shall beremittedto the 

# f

hazardous waste training, emergency and monitoring account created in section 39-4417B, 

### Idaho Code, andtheremainingfive percent (5%) 

### shall be remittedto the county treasurer ofthe county or counties where the activity occurred which causedthe fees to be assessed pursuant to this chapter. Moneys shallbe 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 Underthe Supervisionofthe Idaho Code Commission

PHILLIP M. BARBER B. NEWAL SQUYRES, JR. M. ALLYNDINGEL, JR. COMMISSIONERS

MAX M. SHEILS,JR. EXECUTIVE SECRETARY

VOLUME 7A



### -. For your convenience in reporting any errors in these supplementsorsuggestedimprovements oradditionsyou will find postpaid cards in the back ofthe 1994 ReplacementIndexVolumes.

Place this supplement in the pocket ofthe corresponding volume ofthe set



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

All Rights Reserved 'j

1 By 

# I 1 

# J 8



### .. ... 

## } THE MICHIE COMPANY LawPublishers
CHARLOTTESVILLE, VIRGINIA 

## t33 HAZARDOUS WASTE MANAGEMENT 39-4403

CHAPTER 41
IDAHO BUILDING CODE ADVISORY ACT

39-4101. Legislative finding and intent.

Citedin: Statev. 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, buton the type ofareato 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). quirementsfor doors is not on thetype 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 chapteris 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 primarybusinessis the treatment, storage or disposal, for a fee or other consideration, of hazardous waste generated off site 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 ofthe Idaho department ofhealth and welfare or the director's authorized agent. (5) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing ofany hazardous waste into or on any land or water so that such hazardous waste or any constituent thereofmay enter the environmentor be emittedinto the airor dischargedinto any waters, including ground waters. (6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste materialreceived ata facility. Thisweightdoes notinclude anysubsequent**~.**

### 34 39-4403 HEALTH AND SAFETY 

### changes to the weight resultingfrom the management ofthe waste by the facility.

. (7) "Generator"means anyperson, who by virtue ofownership, management, or control, 

### is responsible for causing or allowing to 

### be caused the creation of a hazardous waste. (8) "Hazardouswaste"means a wasteorcombinationofwastesof a solid, liquid, semisolid, or contained gaseous form which, because ofits quantity, concentration or characteristics (physical, chemical or biological) may: (a) Cause or significantly contribute to an increase in deaths or an increase in 

### serious, irreversible or incapacitating reversible illnesses; or (b) 

### Pose a substantial threat to human health or to the environment if improperlytreated, stored, disposedof, or managed. Suchwastes 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
orindustrial dischargeswhich are pointsources subjectto nationalpollution discharge elimination system permits under the Federal WaterPollutionControlAct, as amended, 33 U.S.C., Section 1251 etseq., 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 ofthe 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 usedfor identifyingthequantity, composition, origin,routing, wasteidentificationceders), 

### anddestinationofhazardous 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 similarto thatofthe federal uniform hazardous wastemanifest 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, stateorfederal governmentaldepartment; 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.I HAZARDOUS WASTE MANAGEMENT 

### 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. t

### 18) "Storage" means the containment ofhazardous wastes, on a tempo­ 

# j

'

## .. :srI 

### basis or for a period ofyears, in 

### such a manner as not to constitute '," r 

### disposal of such hazardous wastes. • f 

### (19) 

### "Transportation"meansthemovementofany

### hazardouswasteto or 

### J from 

### a hazardous waste facility or site. 

## ! (20) 

### "Transporter" means anyperson 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 

### designednot to be anintegralpart of a production • t 

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

### biological characteror composition ofany hazardous waste prior to storage }



### or final disposal so as to neutralize suchwasteor so as to render suchwaste 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 chemicalcomposition ofhazardous 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 ofdepartmental 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 ofpreventing, neu­ :ralizing, or mitigating any threat 

### to the public health or safety, or to the**~nvi.ronment** 

### caused by that emergency.

### 36 39-4427 HEALTH AJ.'iD SAFETY


### (4) Theboardmaypromulgateregulationsfor the withdrawal anduse 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) 

### Pendinguse, surplus moneys in the account shallbe investedby 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 ofJanuary, 1995 change the name ofthe state auditor to the ifthe state board ofcanvassers has certifiec statecontrolleris adopted at thegeneralelec­ thatanamendmentto theConstitutionof the State ofIdaho has been adopted at the gen tion of 1994 [1994, S.J.R. No. 109]. For this 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 and75 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: thirtydollars ($30.00) pergatetonor fractionthereofdisposedof a: the facility or site; (b) 

### PCB and all otherwastes:twenty-five dollars,($25.00) pergateton 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 

### ofIdaho Any waste for which the fees are waived under the provisions of thi. 

### sectionmustbe notedas fee-waivedwasteon thereturnrequired in

### sectior 39-4428, Idaho Code, and is subject to all audit provisions of sectior: 39-4429, Idaho Code. (3) 

### For wastes disposed ofby 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 operatorper gate ton o ; 

### fraction thereof for disposal of wastes at such facility or site. [I.C. § 

### 39-4427, as addedby 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 ofthe legislature to provide to all ofIdaho residents a qualityhealth care system for a reasonable cost andto preventthe deteriorationofsuchsystemby 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 cooperationamonghealthcareproviders inhealthplanning activities and to provide access to necessary care for all who require it. It is hereby declaredthatitis 

### inthepublicinterest ofthe state, to providefor the relief from penalties ofstate andfederal law, cooperativeplanninginhealthcare that is likelyto benefittheresidents ofthe 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 thatChapter49, 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 writtenagreementbetweentwo (2)
or more health care providers for the sharing, allocation or referral of patients, orthe sharingor allocation ofpersonnel, instructionalprograms, 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 ofthe 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, permittedorotherwise officiallyrecognizedby 

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