EPA Docket Number:

EPA-R 10-RCRA-2011-0973

2012 Codification

EPA - Approved

Idaho Statutory and Regulatory Requirements

Applicable to the

Hazardous Waste Management Program

July 2012

EPA APPROVED IDAHO STATUTORY REQUIREMENTS

APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM

Idaho Code containing the General Laws of Idaho Annotated, Title 39, Chapter 58,

"Hazardous Waste Facility Siting", published by the Michie Company, Law Publishers in 2002.

State Citation Description Page

39-5803 Definitions 87-88

39-5808 Requirement of a site license for a commercial hazardous

waste treatment, storage, or disposal facility. or any on-site

disposal facility.

91

39-5813(1) Information requirements for the application. 93

39-5818(2) Opportunity for the regulated community to designate

information as confidential.

97
C
IDAHO CODE

CONTAINING THE

GENERAL LAWS OF IDAHO

ANNOTATED

ORIGINALLY PUBLISHED BY AUTHORITY OF

LAWS 1947, CHAPTER 224

REPUBLISHED BY AUTHORITY OF

LAWS 1949, CHAPTER 167 AS AMENDED

Compiled Under the Supervision of the

Idaho Code Commission

R. DANIEL BOWEN

THOMAS A. MILLER RICHARD F. GOODSON

COMMISSIONERS

MAX M. SHEILS, JR.

EXECUTIVE SECRETARY

TITLES 39 (44-83), 40

^MICHIE
LEXIS, NEXIS. Shepard's and Martindale-Hubbell are registered trademarks, LEXIS Publishing and MICHIE are trademarks and lexis.com is a

service mark of Reed Elsevier Properties Inc.. used under license. Matthew

Bender is a registered trademark of Matthew Bender Properties Inc.

2002 Matthew Bender & Company, Inc.

All rights reserved.

4226910

ISBN 0-327-03977-9

"Michie " and the Open Book and Gavel logo are trademarks of

LEXIS Publishing, a division of Reed Elsevier Inc.
PUBLISHER'S NOTE

Since the publication in 1998 of Replacement Titles 39 (44-83), 40. many

laws have been amended or repealed and many new laws have been enacted.

The resulting increase in the size of the cumulative supplement for Titles 39

(44-83), 40 has made it necessary to revise this volume. Accordingly,

Replacement Titles 39 (44-83), 40 is issued with the approval and under the

direction of the Idaho Code Commission.

To better serve our customers, by making our annotations more current,

LexisNexis has changed the sources that are read to create annotations for

this publication. Rather than waiting for cases to appear in printed

reporters, court decisions are now being read as they are released by the

courts. A consequence of this more current reading of cases, as they are

posted on lexis.com, is that the most recent cases annotated may not yet

have print reporter citations. These will be provided, as they become

available, through later publications.

This publication contains contains annotations taken from decisions of

the enacted by the Idaho Supreme Court and the Court of Appeals, and the

appropriate federal courts, posted on lexis.com as of March 19, 2002. These

cases will be printed in the following reports:

Pacific Reporter, 3rd Series

Federal Supplement, 2nd Series

Federal Reporter, 3rd Series

United States Supreme Court Reports, Lawyers' Edition, 2nd Series

Additionally, annotations have been taken from the following sources:

American t aw Reports, 5th Series, through Volume 93

American Law Reports, Federal Series, through Volume 173

Opinions of Attorney General, 2001-3

Following is an explanation of the abbreviations of the Court Rules used

throughout the Idaho Code.

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

I.R.E. Idaho Rules of Evidence

I.C.R. Idaho Criminal Rules

M.C.R. Misdemeanor Criminal Rules

I.I.R. Idaho Infraction Rules

I.J.R. Idaho Juvenile Rules

I.C.A.R. Idaho Court Administrative Rules

I.A.R. Idaho Appellate Rules

If you have any questions or suggestions concerning the Idaho Code,

please write or call toll free 1-800-833-9844, fax toll free at 1-800-643-1280,

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

iii
39-5801 HEALTH AND SAFETY 86

CHAPTER 58

HAZARDOUS WASTE FACILITY SITING

SECTION.

39-5801. Short title.

39-5802. Legislative intent.

39-5803. Definitions.

39-5804. Methods of hazardous waste management.

39-5805. State hazardous waste management planning committee -

Creation - Members.

39-5806. State hazardous waste siting management plan --- Preparation

-- Inclusions - Studies -

Public hearings -- Summary

- Amendments - Recommendation.

39-5807. Amendment or rejection of plan.

39-5808. Siting license required.

39-5809. Permits and licenses -- Issuance

prior to adoption of plan.

39-5810. Licenses - Issuance after adoption

of plan.

39-5811. Expansion, enlargement or alteration of treatment, storage, or

SECTION.

disposal facility --- Review -

Siting licenses.

39-5812. Site review panels --- Members,

chairman, quorum, meetings,

staff.

39-5813. Siting license application -- Fee -

Rules and regulations.

39-5814. Duties of director upon receipt of a

siting license application ---

Recommendation.

39-5815. IRepealed.l

39-5816. Local restrictions on hazardous

waste treatment, storage, or

disposal facility construction.

39-5817. Coordination and integration with

state and federal law.

39-5818. Information obtained - Public

record.

39-5819. Certification of city, county, or district health departments.

39-5820. Remedy for devaluation of property

caused by approved facility.

cilr -l1C .i1uwl y ‘- l\ C

the "State Hazardous Waste Facility Siting Act. " [I.C., § 39-5801, as

39-5802. Le

Idaho hereby finds

can result from the im

need for establishing sa

hazardous waste is a matter

chapter are therefore enacted t

such sites.

(2) It is the intent of the legislatur

of hazardous waste be encouraged to

treatment methods to reduce the amount o

discharged into the environment and to redu

health and welfare of the citizens of this state.

technologies which detoxify, stabilize and reduce th

waste that must be buried are available. For such purp

this chapter are enacted to allow the development

methods for the treatment of hazardous waste and to provi

the designation of hazardous waste disposal sites when such m

unable to obviate the need for hazardous waste disposal on land.

the state of Idaho may be responsible for the perpetual care of hazy

waate l411d, [1iapubal faci Lies, alielllative il Cr. IIIIJ gic atac}I ue lil1.111C1 poi

'slative intent. - (1) The legislature of the state of

at adverse public health and environmental impacts

oper land disposal of hazardous waste and that the

ites with adequate capacity for the disposal of

statewide concern, and the provisions of this

rovide an effective method of establishing

of the state of Idaho that generators

on-site and off site alternative

zardous waste that must be

associated hazards to the

ternative management

mount of hazardous

, the provisions of

fe alternative

a means for

hods are

ereas

us
87 HAZARDOUS WASTE FACILITY SITING 39-5803

urce recovery, or pt,ya ..al, C1i ii at ul tnulugiLat ilegrad tivu slluutt[ be

imp ., ented to the maximum extent possible.

(3) It is - - intent of the legislature that the site license process not

duplicate the exis 1 : azardous waste management act permitting process

as set forth in section 39 • * daho Code. The site license is a preliminary,

general review which is not base. le type of specific, detailed technical

information required for the hazardous w - of anagement act permit. (I.C.,

§ 39-5802, as added by 1985, ch. 113, § 1, p. 220; 987, ch. 103, § 1, p.

207.1

Compiler's notes. Section 2 of S.L. 1987,

j,. 103 io compiled ao § 30 6812.

39-5803. Definitions. - As used in this chapter:

(1) "Panel " means the site review panel created in section 39-5811, Idaho

Code.

(2) "Committee " means the state hazardous waste management planning

committee created in section 39-5805, Idaho Code.

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

(4) "Designated facility" means a hazardous waste treatment, storage or

disposal facility which has received a permit or has interim status under

title II of the solid waste disposal act or has a permit from the state

authorized under section 3006 of title II of the solid waste disposal act (42

U.S.C.A. section 3006).

(5) "Director" means the director of the department of environmental

quality.

(6) "Disposal " is defined in section 39-4403, Idaho Code.

(7) "Disposal facility" means a facility or a part of a facility at which

managed hazardous waste, as defined by rule, is intentionally placed into or

on any land or water and at which hazardous waste will remain after

closure.

(8) "Generator" is defined in section 39-4403, Idaho Code.

(9) "Hazardous waste" is defined in section 39-4403, Idaho Code.

(10) "Hazardous waste management" is defined in section 39-4403, Idaho

Code.

(11) "On-site" means on the same or geographically contiguous property

which may be divided by a public or private right-of-way if the entrance and

exit between the pieces of property are at a crossroads intersection and

access is by crossing rather than going along the right-of-way.

Noncontiguous pieces of property owned by the same person but connected

by a right-of-way which the owner controls and to which the public does not

have access is also considered on-site property.

(12) "Operator" means the person responsible for the overall operation of

a disposal, treatment or storage facility with approval of the director either

by contract or permit.

(13) "Person" is defined in section 39-4403, Idaho Code.

(14) "Plan" means the state hazardous waste management plan prepared

under the provisions of section 39-5806, Idaho Code.

(15) "Storage" is defined in section 39-4403, Idaho Code.
C

39-5804 HEALTH AND SAFETY 88

(16) "Storage facility" means a facility or part of a facility at which

managed hazardous waste, as defined by rule and regulation is subject to

storage.

(17) "Title II of the solid waste disposal act" means sections 1001 through

800E of public law 89-272, 42 U.S.C. 6901, 6902 through 6910, 6912 through

6940 and 6942 through 6986.

For purposes of this chapter, words and phrases defined in section

394403, Idaho Code, shall carry the same meaning when used in this

chapter unless the context clearly denotes otherwise. § 39-5803, as

added by 1985, ch. 113, § 1, p. 220; am. 2001, ch. 103, § 50, p. 253.]

Compiler's notes. The reference in subdi- Sections 49 and 51 of S.L. 2001, ch. 103 are

vision (1) to the review panel created in compiled as §§ 39-4431 and 39-5805, respecsection 39-5811" appears to refer to the panel Lively.

created in § 39-5812.

39-5804. Methods of hazardous waste management. - The department and the committee in the conduct of their duties under the provisions

of this chapter and under the provisions of chapter 44, title 39, Idaho Code,

shall assist in encouraging, developing and implementing methods of

hazardous waste management which are environmentally sound, which

maximize the utilization of valuable resources and which encourage resource conservation including source separation and waste reduction. [1.C.,

§ 39-5804, as added by 1985, ch. 113, § 1, p. 220J

39-5805. State hazardous waste management planning committee - Creation -- Members. - (1) The state hazardous waste management planning committee is hereby created in the department. The committee shall represent diverse geographical areas of the state. No later than

September 1, 1985, the governor shall, subject to the advice and consent of

the senate, appoint seventeen (17) members to the committee consisting of

the following representatives:

(a) One (1) representative of city government;

(b) One (1) representative of county government;

(c) One (1) hazardous waste transporter;

(d) One (1) hazardous waste generator;

(e) One (1) hazardous waste treatment, storage, or disposal facility

operator;

(f) One (1) member of an environmental group;

(g) One (1) member of a conservation group;

(h) Two (2) members of the general public;

(i) The director of the department or his designee;

(j) The director of the department of water resources or his designee;

(k) One (1) licensed professional engineer;

(l) A faculty member of a university or college in this state well versed in

geology, hydrology or other environmental matters;

(m) The director of the Idaho transportation department or his designee;

(n) One (1) representative of the mining industry;

(o) One (1) representative of the forest products industry; and
89 HAZARDOUS WASTE FACILITY SITING 39-5806

(p) One (1) representative of the agricultural industry.

(2) A vacancy occurring on the committee shall be filled in the same

manner as the original appointment.

(3) The chairman of the committee shall be elected by the members of the

committee and the chairman shall be a voting member of the committee.

(4) Members of the committee who are not state employees shall be

entitled to receive compensation as provided in section 59-509(b), Idaho

Code.

(5) The committee by majority vote shall establish operating procedures.

The operating procedures shall be made available for public review.

(6) In the conduct of its business, the committee shall solicit the advice of,

and consult periodically with cities, counties and persons within the state

for the purpose of receiving information or advice that may be helpful in the

preparation of the plan.

(7) Employees of the department of environmental quality, department of

water resources and the transportation department shall assist the committee on a priority basis.

(8) The committee shall disband after final approval of the plan by the

legislature.

(9) Upon petition to the director and the director's recommendation to the

governor, the governor shall appoint a committee in the same manner as the

original committee to amend or revise the plan.

(10) The committee shall hold its first meeting as soon as practicable

after confirmation by the senate. [LC., § 39-5805, as added by 1985, ch. 113,

§ 1, p. 220; am. 2001, ch. 103, § 51, p. 253.1

Compiler's notes. Section 50 of Si. 2001,

ch. 103 is compiled as § 39-5803.

tion -- Inclusions -- Studies - Public hearings - Summary -

Arne eats - Recommendation. -- (1) Not later than January 1,

1987, the mittee shall prepare a state hazardous waste siting management plan.

(2) The plan sha

(a) Provide for a real. - ble geographic distribution of hazardous waste

treatment, storage, or dis • : -al facilities to meet existing and probable

future needs.

(b) Be based upon location of gener...rs, health and safety, economics of

transporting, types of waste and exists hazardous waste treatment,

storage, or disposal facilities.

(c) Include necessary legislative, administrative d economic mechanisms, a timetable to carry out the plan.

(3) The committee may instruct the department of environ tal quality,

the department of water resources and the transportation dep. .•. ent to

complete

r

studies as considered reasonably necessary for the complete ' ' of

the l.Jldu. he p tudieS .Eii^^ i11L1ude.
39-5807 HEALTH AND SAFETY 90

eneration within this state or from other states, including the types and

antities of the hazardous waste.

(b An inventory and evaluation of current hazardous waste management

prat ces and costs, including treatment and disposal, within this state.

(c) A ojection or determination of future hazardous waste management

needs b sed on an evaluation of existing capacities, treatment or disposal

capabiliti s, manufacturing activity, limitations and constraints. Projection of ne s s shall consider the types and sizes of hazardous waste

treatment, s rage, or disposal facilities, general locations within the

state, manage s= ent control systems, and an identified need for additional

privately owne. sr state owned treatment, storage, or disposal facilities.

(d) An investigati n and analysis of methods and incentives to encourage

interstate and inte ational cooperation in the management of hazardous

waste,

(e) An investigation • analysis of methods, incentives or technologies

for source reduction, reu , recycling, or recovery of potentially hazardous

waste and a strategy fo encouraging the utilization or reduction of

hazardous waste.

(f) An investigation and anal is of alternate methods for treatment and

disposal of hazardous waste.

(4) Upon completion of the plan the committee shall publish a notice

after giving twenty (20) days' notice s provided in section 60-109, Idaho

Code, in a number of newspapers and • all issue a statewide news release

announcing the availability of the plan f• inspection by interested persons.

The announcement shall indicate where d how the plan may be obtained

or reviewed and shall indicate that not less han three (3) public hearings

shall be conducted at varying locations in the state before formal adoption.

The first public hearing shall not be held until - y (60) days have elapsed

from the date of the notice announcing the avail •ility of the plan.

(5) After public hearings, the committee shall •,repare a written summary of the comments received, provide comments the major concerns

raised, make amendments to the plan as necessary an • hall formally adopt

the plan, and shall submit the plan to the legislature . t the first regular

session of the legislature following adoption of the plan. [ . ., § 39-5806, as

added by 1985, ch. 113, § 1, p. 220; am. 2001, ch. 103, § 5 p. 253.]

Compiler's notes. Section 53 of S.L. 2001,

ch. 103 is compiled as § 39-5812.

39-5807. Amendment or rejection of plan. -- The legislat e shall

amend, adopt or reject the plan by passage of a concurrent resolution t the

regular legislative session when it receives the plan. If the legisl: ure

amends or rejects the plan, it shall indicate its reasons for amendmen or

rejection by passage of a concurrent resolution and return the plan to t
91 HAZARDOUS WASTE FACILITY SITING 39-5812

39-5808. Siting license required. -- No person shall construct, expand, enlarge or alter a commercial hazardous waste disposal, treatment or

storage facility or any on-site land disposal facility for wastes listed

pursuant to section 201(d)(2) and (e), as modified by section 209 of "The

Hazardous and Solid Waste Amendments of 1984," as enacted by the U.S.

congress, without a siting license from the department. The owner or

operator of the facility or site rather than the builder shall be responsible for

obtaining the license. Facilities exempted from permitting under the provisions of section 39-4409, Idaho Code, shall not require a license under the

provisions of this chapter. [LC., § 39-5808, as added by 1985, ch. 113, § 1,

p. 220.1

• an. - The director may issue permits under the provisions of chapter 44,

tit - 39, Idaho Code, or licenses pursuant to this chapter, for existing or

prop. .ed hazardous waste treatment, storage or disposal facilities and other

authors ed operations before the adoption of the plan by the committee.

ILC., § 3 ' -5809. as added by 1985, ch. 113, § 1. p. 220.1

39-5810. ceases - Issuance after adoption of plan. - After the

plan has been : dopted by the committee, the director shall not issue a

license under the •rovisions of this chapter for a hazardous waste treatment, storage or dis .•osal facility until the director has made a determination that the action s consistent with the adopted hazardous waste

management plan. The rector may exempt classes or categories of hazardous waste treatment, s rage or disposal facilities from complying with

the hazardous waste mana:: .' ant plan if the exemption is in the public

interest and consistent with st to and federal law. If the director exempts

classes or categories of hazardo s waste treatment, storage or disposal

facilities from complying with the h: ardous waste management plan, rules

and regulations shall be promulgat- • n compliance with chapter 52, title

67, Idaho Code, specifically indicating . e exemption. [LC., § 39-5810, as

added by 1985, ch. 113, § 1, p. 220.]

39-5811. Expansion, enlargement or teration of treatment,

storage, or disposal facility - Review - ling licenses. (1) A

hazardous waste treatment, storage, or disposal fa 'ty in existence on July

1, 1985, shall not require a review under the provisi. s of this chapter.

(2) The expansion, enlargement, or alteration of hazardous waste

treatment, storage, or disposal facility in existence • July 1, 1985,

constitutes a new proposal for which a siting license is equired. [LC.,

§ 39-5811, as added by 1985, ch. 113, § 1, p. 220.1

39-5812. Site review panels -- Members, chairman, : uorum,

meetings, staff. - (1) A site review panel shall be established to 'nsure

public input in the licensing process and to recommend to the di ctor

conditions which should be included in the siting license. Such conditi• s

may include measures to mitigate public concerns for the following types o

(A1.11141CO
39-5812 HEALTH AND SAFETY 92

p or to July 1, 1985;

(b) All commercial hazardous waste treatment or storage facilities not in

exis nce prior to July 1, 1985;

(c) on-site disposal of wastes listed pursuant to section 201(d) (2) and

(e) as ,• odifled by section 209 of "The Hazardous and Solid Waste

Amendm: nts of 1984," as enacted by the U.S. congress, for sites not in

existence • or to July 1, 1985;

(d) Any si: - ficant expansion of the above-listed facilities after July 1,

1985.

A panel shall c.

subsections (2) an

•, (2) The following :

to review a siting lice

(a) Three (3) member

from the department o

resources and the Idaho

representative of this sta

the respective departments

the appropriate director. A m:

shall be appointed to serve on

years and may be appointed

addition, a member who is a repre

the expiration of the member's two

period of time as is necessary to

applications pending at the expiration

(b) Three (3) members shall be public me

with the advice and consent of the senate.

a geologist or hydrologist, one (1) an enginee

of industries which generate hazardous wa -

shall be on the faculty of an institution of high

A vacancy shall be filled for the unexpired po

same manner as the original appointment. A m

member shall be appointed to serve on site review

three (3) years and may be appointed for additional th

(3) The following four (4) members shall serve on

established to consider a particular siting license applicati

(a) Two (2) members shall be appointed by the city co

located closest to or in which the hazardous waste treatmen

disposal facility is proposed to be located, at least one (1) of wh m shall be

a resident of the city. The members serving pursuant to this

shall serve until the particular siting license application subject

review is approved, or until the application is rejected and is no

subject to their review.

(b) Two (2) members shall he residents of the county where the hazar. ,us

waste treatment, storage, or disposal facility is proposed to be located

511a1I 11C appui111.ell by the iwai^l of LV33111-ti6C1t111e10 Uf the

i G 111L .

e (3) year periods.

panel which is

n:

it of the city

storage, or

bsection

o their

anger

sist of ten (10) members to be appointed as provided in

(3) of this section.

(6) members shall serve on every panel established

e application:

shall be representatives of this state, one (1) each

environmental quality, the department of water

ransportation department. A member who is a

shall be appointed by each of the directors of

nd a vacancy shall be filled as necessary by

tuber who is a representative of the state

ite review panels for a period of two (2)

additional two (2) year periods. In

ntative of the state may serve beyond ) year period of service for so long a

omplete action on siting license

f the member's term.

hers appointed by the governor

ne (1) public member shall be

and one (1) a representative

e. One (1) public member

r education in this state.

on of the period in the

ber who is a public

els for a period of

(
93 HAZARDOUS WASTE FACILITY SITING 39-5813

P. icular siting license application subject to their review is approved, or

until e application is rejected and is no longer subject to their review.

(4) The ember appointed as the representative of the state from the

department s 11 be chairman of each panel and shall notify the city council

of the nearest cit • and the board of county commissioners of a siting license

application filed wit e department, and shall instruct the city and county

to appoint the necess. representatives to a panel. The chairman shall be

a nonvoting member of • e panel except when the chairman's vote is

necessary to break a tie vote.

(5) Six (6) of the ten (10) mem rs of the panel shall constitute a quorum

for the transaction of business of t panel and the concurrence of six (6)

members of the panel shall constit a legal action of the panel. All

meetings of the panel shall be conducted p . uant to the state open meeting

law.

(6) The director shall make staff available t• . ssist a panel in carrying

out its responsibilities.

(7) Members of the panel who are not state employ- : - shall be entitled to

receive compensation as provided in section 59-509(b), . aho Code. [I.C.,

§ 39-5812, as added by 1985, ch. 113, § 1, p. 220; am. 1987, . 103, § 2, p.

207; am. 2001, ch. 103, § 53, p. 253.]

Compiler's notes. The Hazardous and Sections 52 and 54 of S.L. 2001, ch. 03 are

Solid Waste Amendments of 1984, referred to compiled as §§ 39-5806 and 39-6203, r• ecin subdivision (lXc), are compiled as 42 Lively.

U.S.C. § 6901 et seq.

Section 1 of S.L. 1987, ch. 103 is compiled

39-5813. Siting license application - Fee - Rules and regulations. -- (1) An application for a siting license shall include:

(a) The name and residence of the applicant;

(b) The location of the proposed hazardous waste treatment, storage, or

disposal facility;

(c) Engineering or hydrogeologic information to indicate compliance with

technical criteria as adopted in the hazardous waste management plan if

applicable;

(d) A description of the types of wastes proposed to be handled at the

facility;

(e) Information showing that harm to scenic, historic, cultural or recreational values is not substantial or can be mitigated;

(f) Information showing that the risk and impact of accident during

transport of hazardous waste is not substantial or can be mitigated; and

(g) Information showing that the impact on local government is not

adverse regarding health, safety, cost and consistency with local planning

and existing development or can be mitigated.

no

:Ball iiutily the punt aaiil L
39-5814 HEALTH AND SAFETY 94

(3) The application ,hall be accompanied by a citing licence Pica Tho

ector shall establish by rule, the scale for determining the siting license

cation fee. The fee shall not exceed seven thousand five hundred dollars

0) and shall be based on the cost to the department of reviewing the

icense application. The scale shall be based on characteristics

the site size, projected waste volume, and hydrogeological charsurrounding the site. Fees received pursuant to this section may

by the director to pay the actual, reasonable and necessary

by the department in acting upon a siting license application.

ay promulgate rules and regulations in compliance with

7, Idaho Code, in order to implement and administer the

ction. [LC., § 39-5813, as added by 1985, ch. 113, § 1, p.

03, § 3, p. 207.1

39-5814. Duties o director upon receipt of a siting license application --- Recommen.: tion. - (1) Upon receipt of a complete siting

license application, the •.' rector or an authorized representative of the

director shall:

(a) Immediately notify th permanent panel members, the city and/or

county in which the hazar+ eus waste treatment, storage, or disposal

facility is located or propose' to be located, the state fire marshal, the

director of the department of fis and game, the director of the Idaho state

police, and each division within t department that has responsibility in

land, air or water management, nd other appropriate agencies. The

notice shall describe the procedu and the schedule based on the

complexity of the application by which he siting license may be approved

or denied.

(b) Immediately publish a notice that th application has been received,

as provided in section 60-109, Idaho Code, 'n a newspaper having major

circulation in the county and the immedi vicinity of the proposed

hazardous waste treatment, storage, or disposal facility. The required

published notice shall contain a map indicang the location of the

proposed hazardous waste treatment, storage, disposal facility and

shall contain a description of the proposed action a i d the location where

the complete application package may be reviewed a d where copies may

be obtained. The notice shall describe the procedure which the siting

license may be granted.

(2) Upon notification by the director, the chairman sh. 1 immediately

notify the representatives of the state to the panel and the pu ' lie members.

The chairman shall also notify the applicable county and c y for their

appointment of members as provided in subsection (3) of sectio+ 39-5812,

Idaho Code. Within thirty (30) days after the notification, the *card of

commissioners of the county and the city council shall select the me bers to

serve on the panel. The panel shall be created at that time and notification

of the creation of the panel shall be made to the chairman.

(3) If technical criteria are not applicable, the director shall submit to e

di

ap

($7

siting

ineludin

acteristic

be expende

costs incurre

The director

chapter 52, title

provisions of this

220; am. 1987, ch.
95 HAZARDOUS WASTE FACILITY SITING 39-5814

(

plan

compli

forty-fiv

criteria ar

be disbande

the panel a

technical crite

those in the pl

The draft license

information submitt

facility. The director

issued or denied. The d

sixty-five (65) days afte

shall immediately notify t

denial or draft license subm

(5) Within ten (10) days a

meet to review and establish a

site license.

(6) The panel shall:

(a) Set a date and arrange for pu i ication of notice of a public hearing in

a newspaper having major circulati • in the vicinity of the proposed site,

at its first meeting. The public notice hall:

(i) Contain a map indicating the lo . tion of the proposed hazardous

waste treatment, storage, or dispos. facility, a description of the

proposed action, and the location whe • the application for a siting

license may be reviewed and where copie may be obtained;

(ii) Identify the time, place and location fo the public hearing held to

receive public comment and input on the app cation for a siting license;

(b) Publish the notice not less than thirty (30) d.. s before the date of the

public hearing and the notice shall be, at a minim is , a twenty (20) days'

notice as provided in section 60-109, Idaho Code.

(7) Comment and input on the proposed hazardou • waste treatment,

storage, or disposal facility may be presented orally or n writing at the

public hearing, and shall continue to be accepted in writin_ sy the panel for

fifteen (15) days after the public hearing date.

(8) The panel shall consider, among other things:

(a) The risk and impact of accident during the transportatio of hazardous waste;

(b) The risk of fires or explosions from improper treatment, s age, or

disposal methods;

(c) The impact on local units of government where the proposed h ardous waste treatment, storage, or disposal facility is to be located in to his s

of health, safety, cost and consistency with local planning and exist ' g

at the license be issued or denied. The draft license submittal shall be

m • de within sixty-five (65) days after a complete application is received.

If technical criteria as adopted in the hazardous waste management

e applicable, the director shall determine if the proposed facility

with the criteria. Such determination shall be made within

(45) days after a complete application is received. If the technical

not met, the director shall deny the license and the panel shall

If the technical criteria are met, the director shall submit to

raft site license which includes conditions regarding the

to be met. These conditions may be more stringent than

if warranted by information provided in the application.

ay also include additional conditions based on the

d in the application regarding the construction of the

all also recommend to the panel that the license be

ial or draft license submittal shall be made within

a complete application is received. The director

applicant and the chairman of the panel of the

tal.

submittal of a draft license, the panel shall

metable for the consideration of the draft
39-5814 HEALTH AND SAFETY 96

(d)

• (9) v

and obje

provide

tional conch

propose con•

ordinances, pe

(10) Within in

the director that t .

additional condition

within thirty (30) day

panel recommends diffe

the need for the conditio

recommends denial, a clear

submitted to the director.

(11) The director shall issue a siting license if the director determines

that:

(a) The technical criteria are in t;

(b) The harm to scenic, historic, Itural or recreational values is not

substantial or can be mitigated by propriate license conditions;

(c) The risk and impact of accident , uring transportation of hazardous

waste is not substantial or can be m i tigated with appropriate license

conditions;

(d) The impact on local government is i t adverse regarding health,

safety, cost and consistency with local plann g and existing development

or can be mitigated with appropriate license ' • nditions; and

(e) No other major concerns have been raise* by the panel regarding

public health or the environment which cannot e mitigated by special

license conditions.

(12) An applicant denied a siting license pursuant ti this chapter or any

person aggrieved by a decision of the director pursuant t this chapter may

within twenty-eight (28) days, after all remedies have been -xhausted under

the provisions of this chapter, seek judicial review under e procedures

provided in chapter 52, title 67, Idaho Code.

(13) No permit pursuant to section 39-4409, Idaho Code, sh.' be issued

unless the applicant has been issued a site license. [LC., § 3 5814, as

added by 1985, ch. 113, § 1, p. 220; am. 1987, ch. 103, § 4, p. 207; :.* . 1993,

ch. 216, § 29, p. 587; am. 2000, ch. 469, § 99, p. 1450.]

Compiler's notes. Sections 28 and 30 of Sections 98 and 100 of S.L. 2000, ch. 69,

Si. 1993, ch. 216 are compiled as §§ 39-4909 are compiled as §§ 39-4410 and 39-6316,

and 11 212, reopoctivoiy.

ruul,a in vtliei IClilA11C111Ca1^ ullil t1aL`la potential le1atiui lids to t11G

oposed hazardous waste treatment, storage, or disposal facility;

The nature of the probable environmental impact.

e panel's primary responsibility shall be to consider the . concerns

ons submitted by the public. The panel shall facilitate efforts to

t the concerns and objections are mitigated by proposing addi-

'ens regarding the construction of the facility. The panel may

ions which integrate the provisions of the city or county

its or requirements.

ety (90) days after creation, the panel shall recommend to

license be issued as proposed, issued with different or

or denied. The director shall make a final decision

after receipt of the panel's recommendation. If the

ent or additional conditions, a clear statement of

must be submitted to the director. If the panel

tatement of the reasons for the denial must be
97 HAZARDOUS WASTE FACILITY SITING 39-5819

uLlce bur allu crtaLluU uI panel alter eye.- inn u

approval of siting license application - Timetable for

consideration of proposed facility - Public hearing -

Notice - Comment and input - Municipal impact -

siderations - Advice. [Repealed.]

Compiler's notes. This - - ion, which ch. 113, § 1, p. 220, was repealed by S.L.

comprised I.C., § 39-5815, as ad by 1985, 1987, ch. 103, § 5.

39-5816. Local restrictions o hazardous waste treatment, storage, or disposal facility constructio -An ordinance, permit requirement or other requirement of a city or .aunty shall not prohibit the

construction of a hazardous waste treatment, at. : ge, or disposal facility in

that city or county. [I.C., § 39-5816, as added by 19: ch. 113, § 1, p. 220.]

39-5817. Coordination and integration with state • . d federal

law. - The director shall coordinate and integrate the provisi. of this

chapter for purposes of administration and enforcement with appro...ate

state and federal law. [LC., § 39-5817, as added by 1985, ch. 113, § 1,

provided in subsection

department under the provisions of this chap e

-Public record.

(2) A person regulated under the provisions of this chapter may designate

a record, site license application, other information, or a portion of a record,

site license application, or other information furnished to or obtained by the

department or its agents, as being only for the use of the department and the

panel. The material shall then be subject to disclosure according to chapter

3, title 9, Idaho Code. [I.C., § 39-5818, as added by 1985, ch. 113, § 1, p. 220;

am. 1990, ch. 213, § 49, p. 480.]

Compiler's notes. Sections 48 and 50 of vided that §§ 3 through 45 and 48 through

S.L 1990, ch. 213 are compiled as §§ 39-5403 110 of the act should take effect July 1, 1993

and 39-6208, respectively_ and that §§ 1, 2, 46 and 47 take effect July 1,

Section 111 of S.L. 1990, ch. 213 as 1990.

amended by § 16 of S.L. 1991, ch. 329 proments.

administer an

Idaho Code, but only

ing authorization of the ate

pursuant to section 3006 of title II o

cation procedures shall be established by the

regulations. The director may rescind certification u

certified city, county, or health district, or after reasona

hearing, if the director finds that a city, county, or health distri

The department may certify a city, county or health district to

force portions of this chapter and chapter 44, title 39,

e extent consistent with obtaining and maintain-

' azardous waste management program

solid waste disposal act. Certifirtment by rule [rules] and

the request of the

otice and

of
39-5820 HEALTH AND SAFETY 98

talB- 39, 1a`ahu table, or 1,otf1, as i equxu ec1. L1.., 39-5819, as added by 1985,

ch. 113, § 1, p. 220J

ompiler's notes. The bracketed word

"nil- '' was inserted by the compiler.

39-

proved

storage, o

approval o a

disposal faci

approval may

against the own

planned construe

storage, or disposal

property or will oth:

property, it shall order

equal to the value of the

(2) The remedy provide

addition to other remedies p

the proposed construction an

storage, or disposal facility.

(3) Nothing in this chapter sh:11 prevent an owner or user of property

aggrieved by the construction an • operation of a facility from seeking

damages that result from a subse uent modification of the design or

operation of a facility but such dam es are limited to the incremental

damage that results from the modifica . on. Any action for such damages

under this section shall be brought withi nine (9) months after the siting

license modification of the design or operat i n of the facility is approved.

(4) For the purpose of assessing damages, ' . e value of the rights affected

is fixed at the date the siting license is approve. and the actual value of the

right at that date is the basis for the determinati i of the amount of damage

suffered, and no improvements to the property s •sequent to the date of

approval of the plans shall be included in the a essment of damages.

Similiarly, for any subsequent modification of a facilit value is fixed at the

date of approval of the siting license.

(5) The owner or operator of a proposed facility may, at y time before an

award of damages, abandon the construction or operation ^f the facility or

any modification and cause the action to be dismissed. As . condition of

dismissal, however, the owner or operator shall compensate the plaintiff for

any actual damage sustained as a result of construction or oper. tion of the

facility before abandonment together with court costs and a r:: -enable

attorney's fee.

(6) Nothing in this chapter shall prevent a court from enjoinin_ any

activity at a hazardous waste treatment, storage, or disposal facility the t is

outside of, or not in compliance with, the terms and conditions of

approved hazardous waste operations permit pursuant to section 39-440•

Idaho Codc. [LC., § 39-5820, as added by 1985, s h. 113, § 1, p. 220.]

in subsection (1) of this section shall be in

vided by law for owners or users aggrieved by

operation of a hazardous waste treatment,

20. Remedy for devaluation of property caused by apacility. - (1) Before construction of a hazardous waste treatment,

disposal facility, but in no case later than nine (9) months after

site license for a hazardous waste treatment, storage, or

y, any owner or user of real property adversely affected by

ng an action in a district court of competent jurisdiction

of the proposed facility. If the court determines that the

on and operation of the hazardous waste treatment,

acility will result in the devaluation of the plaintiff's

rwise interfere with the plaintiff's rights in the

e owner to compensate the plaintiff in an amount

laintiff's loss.

(c