C_ C I

..... 11l61

. 

### I.n

. 111M 

# " TIa_e-

......PUBLISHER'S NOTE

Amendments to laws and new laws enacted since the publication of the bound volume down to and includingthe 1989 regular session are compiled in this supplement and will be found under their appropriate section numbers. The supplement contains annotations for the Idaho Code based on decisions ofthe state and federal courts. The annotations are derived from the following sources: Pacific Reporter 2nd Series through Volume 767, p. 1019. Federal Supplement through Volume 703, p. 96l. Federal Reporter 2nd Series through Volume 866, p. 1423. United States Supreme Court Reports, Lawyers' Edition, 2nd Serres through Volume 102, p. lOll. Bankruptcy Reporter through Volume 95, p. 254. Opinions of Attorney General 1983-1 through 1989-9. Section numbers printed in black type face either refer to sections ofthe original volume or to new acts not included therein.

Title and chapter analyses, in these supplements, carry only laws that have been amended or new laws. Old sections thathave nothing but annotations are not included in the analyses. Following is an explanation ofthe abbreviations ofthe Court Rules used throughout the Idaho Code. LR.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.LR. Idaho Infraction Rules LJ.R. Idaho Juvenile Rules LC.A.R. Idaho Court Administrative Rules LA.R. Idaho Appellate Rules

ALWAYS CONSULT THE LATEST SUPPLEMENT IN CONNECTION WITH THE PERMANENT VOLUME .... Year 1986 ., 1987 ... 1988 1989

...VI ADJOURNMENT DATES

Year Adjournment Date 1953 March 6, 1953 1955 March 5,1955 1957 March 16, 1957 1959 March 9, 1959 1961 March 2, 1961 1961 (IstE. S.) August4, 1961 1963 March 19, 1963

o. 1964 (E. S.) August 1, 1964 1965

..... March 18, 1965

0 •••••••••••••••• 0 •••••••••••••••••••••••••••••••••••• 0.... 1965 (1st E. S.) March 25, 1965 1966 (2nd E. S.) March 5, 1966 1966 (3rd 

### E. S.) March 17,1966 1967 0......... March 31, 1967 1967 (1stE. S.) June 23, 1967 1968 (2nd E. S.) 

### 0................................................ February9, 1968 1969 March 27, 1969

0 •••••••• 0 ••••••• , • • • • • • •• • • • • • • • • •• • • • • • • • • • • •• 1970 0 0......... March 7, 1970 1971 0 0.......... March 19, 1971 1971 (E. S.) April 8, 1971 1972 .,. March 25, 1972

0.0 •••••••••••••••• 00 •••••••• '•••••••••••••••••••••• 0 •••• 0.... 1973 March 13, 1973

0 ••• 0 ••• 0 •••••••• 0 •••••• 0" 0 0 ••••••• 00 ••••••• 0.......... 1974 March 30,1974

0 •••••••••• 0 ••••••• 0 •••••• 0 •• 0 •••••••• 0 ••••••••••••••••••• 0. 1975 March 22, 1975

0 ••• 0 •••• 00 •••••••••••••••• ' •••••• 0 •••• 0 ••••••••••••• 0.. 1976 ..

0 March 19, 1976

00 •• 00000 0............ 1977 March 21, 1977

0.0 0 •• 0 0.................................... 1978 March 18, 1978

0 ••••••• 00 ••• 0 ••••••••• 0 ••••• 0 •••••••• 0 ••• 00... 1979 March 26, 1979

0 0 0 0 o. 1980 0 0............................ March31, 1980 1981 March 27,1981

0 0

.. 0 0 0 0 0 1981 (E. S.) July 21, 1981

0 0 0 1982 March24, 1982

0 •••••••• 0 •••••••• 0 ••••••••••••••••••••••••• 0 0.. 1983 April 14, 1983

0 0 0 •• 0 0 1983 (Eo S.) May 11, 1983

0 1984 March 31, 1984

0 •••••••••• 0.0 •• 0 0 •••• 0 •••• 0 •••••••••••••••••• 0 •• 0 ••••• 0.0...... 1985 0......... March 13, 1985

# • TABLE OF CONTENTS

VOLUME SEVEN A

TITLE 39
HEALTH AND SAFETY
Chapter Sections

1. Department ofHealth and Welfare 39-101-39-148 2. Vital Statistics 39-201-39-276 3. Alcoholism and Intoxication TreatmentAct 39-300--39-316 4. Public Health Districts 39-401-39-427 5. Hospitalization ofTuberculosis Patients 39-501-39-517 6. Control ofVenerealDiseases 39-601-39-607 7. Advertising Curesfor Sexual Disorders 39-701-39-704 8. Contraceptives andProphylactics 39-801-39-810 9. Prevention of Blindness and Other Preventable Diseases in Infants 39-901-39-912 10. Prevention ofCongenital Syphilis 39-1001--39-1006 11. Federal Aid forMaternityand Infancy Welfare [Repealed] 12. FosterHomes and Day Care Homes for Children 39-1201-39-1224 13. Hospital Licenses and Inspection 39-1301-39-1394 14. HealthFacilities 39-1401--39-1460 15. Care of Biological Products 39-1501-39-1503 16. SanitaryRegulations for Public EatingPlaces 39-1601-39-1613 17. Health Regulations for EatingPlaces and FoodEstablishments

- Grading and Licensing 39-1701-39-1716 18. Hotels and Food Vending Establishments

- Regulations and Inspection 39-1801-39-1834 Fire Escapes and Doors 39-1901-39-1905

• Barber Shops, Hairdressing Establishments and Public Bathing Places 39-2001-39-2003 21. MarkingofExplosives 39-2101-39-2103 22. Liquefied Petroleum Gases 39-2201-39-2205 23. Smoke Management 39-2301-39-2303 24. Regulation ofMotorboats [Repealed] 25. Speed, Equipment and Traffic Regulations for Boats and Watercraft [Repealed] 26. Firecrackers and Fireworks 39-2601-39-2630 27. Plumbing and Plumbers [Transferredor Repealed] 28. Mosquito AbatementDistricts 39-2801-39-2811 29. Air Pollution ControlAct [Repealed] 30. Radiation and NuclearMaterial 39-3001-39-3028 31. Regional Mental HealthServices 39-3101-39-3139 32. BuildingFacilitiesfor Physically Handicapped 39-3201-39-3210 33. Shelter HomeCare 39-3301-39-3309 34. Anatomical Gifts 39-3401-39-3411 35. Fire Prevention [Transferredor Repealed] 36. WaterPollution Abatement 39-3601-39-3613 37. Blood Donations 39-3701,39-3702 38. Minors - Consent to Treatment 39-3801 39. Sterilization 39-3901-39-3910 40. Mobile Homes and Recreational Vehicles - Standards 39-4001-39-4011 41. Idaho Building Code Advisory Act 39-4101-39-4129 42. Hospital-Medical Liability Act [Repealed] 43. Medical Consent 39-4301-39-4306 44. Hazardous Waste Management 39-4401-39-4422, 39-4426-39-4432

Vll 

# •viii .... IIJ II III II .,.III•• •• •••_.

TABLE OF CONTENTS
Chapter Sections 45. Natural DeathAct 39-4501-39-4508 46. Idaho Developmental Disabilities Services and FacilitiesAct , .. 39-4601-39-4608 47. Respite Care Services 39-4701-39-4708 _-\47. Personal Care Services 39-A4701-39-A4707 48. Immunization 39-4801.39-4802 49. Health Care Certificate of Need 39-4901-39-4914 [50] 49. Equal Opportunity for Displaced HomemakerAct (39-5001-:39-5009] 39-4901. :39-4902, 39-4904-39-4908 51. In-HomeFinancial Assistance 39-5101-39-5106 52. Domestic Violence Project Grants 39-5201-39-5213 [53] 52. Elderly Abuse. Exploitation, Neglect and Abandonment Reporting [39-5301-39-5312] 39-5201-39-5212 54. Artificial Insemination 39-5401-39-5407
oo. Clean Indoor Air 39-5501-39-5509 56, 57 , [Reserved] 58. Hazardous Waste Facility Siting 39-5801-39-5820 59.

.. , [Reserved] 60. Children'sTrustAccount 39-6001-39-6008

TITLE 40

HIGHWAYS AND BRIDGES

Chapter Sections

1. Definitions 40-101-40-127 2. General Provisions 40-201-40-207 3. Idaho Transportation Board 40-301-40-321 4. Idaho Turnpike Authority 40-401-40-414 5. Idaho Transportation Department 40-501-40-527 6. CountyCommissioners and Highway Officers 40-601-40-619 7. Appropriations .40-701-40-715 8. Taxes 40-801-40-826 9. Contracts

- Bids 40-901-40-926 10. Warrants 40-1001-40-1013 11. Bonds 40-1101-40-1115 12. Bridges 40-1201-40-1210 13. Highway Districts 40-1301-40-1335 14. SingleCounty-Wide Highway Districts 40-1401-40-1415 15. Consolidation ofDistricts 40-1501-40-1518 16. Detachmentor Annexation ofTerritory 40-1601-40-1678 17. CountyHighwayReorganization 40-1701-40-1714 18. DissolutionofHighwayDistricts 40-1801-40-1822 19. Beautification ofHighways 40-1901-40-1926 20. HighwayRelocation Assistance 40-2001-40-2020 21,22 : : [Reserved] 23. Miscellaneous Provisions 40-2301-40-2323 24. FederalAid for State Highways [Repealed] 25. State Highway Contractors License Tax [Repealed] 26. Idaho Turnpike Control " , [Repealed] 27. County Local Option Secondary Highway Reorganization Act [Repealed] 28. Beautification ofState Highways [Repealed] 29. Highway Relocation Assistance [Repealed] 30. County Wide Highway Districts [Repealed]

# •• II. III 1 111111111111 ••••••••••••••••



# ...-_1

I



### ADJOURNMENT DATES OF SESSIONS OF LEGISLATURE

Year Adjournment Date 1986 March 28, 1986 1987 April 1, 1987 1988 March 31,1988 1989 March 29, 1989



# •

iii



# •I II I 1•• ••••••••••••••••••••••••



# IDAHO CODE

General Laws

TITLE 39

HEALTH AND SAFETY

CHAPI'ER.

1. DEPARTMENT OF HEALTHAND WELFARE, §§ 39·101 - 39·103, 39-105, 39-106, 39-106A, 39-108 - 39-111, 39-115 ­ 39-118A, 39-120 - 39-127, 39·145, 39-146A, 39-147. 2. VITAL STATISTICS, §§ 39-259, 39-263. 3. ALcOHOUSM AND INTOXICATION TREATMENT ACT, §§ 39-301 - 39-304, 39-306 - 39-308, 39·310. 4. PuBuc HEALTH DISTRICTS, §§ 39-401, 39-409, 39-411 - 39-414, 39-416, 39-419, 39-423 - 39-425, 39-427. 6. CONTROL OF VE:-lEREAL DISEASES, §§ 39-601, 39-601A, 39-604, 39-606 ­ 39-610. 

# • 11. BASICDAYCARE LICENSE, §§ 39-1101­ 39·1117. 12. FOSTER HOMES AND DAY CARE HOMES FOR CHILDREN, §§ 39·1209, 39-1211, 39-1224. 13. HOSPITAL LICENSES AND INSPECTION, §§ 39-1307A, 39-1307B, 39-1325a, 39-1333, 39-1392f, 39-1393. 16. SANITARY REGULATIONS FOR PuBuc EATING PLACES, §§ 39-1602, 39-1611, 39-1612. 20. BARBER SHOPS, HA1RDRESSING ESTABLISHMENTS AND PuBLIC BATHING PLACES, §§ 39-2001, 39-2003. 23. SMOKE MANAGEME!'o"T, §§ 39-2301 ­ 39-2305. 30. RADIATION AND NUCLEAR MATERIAL, § 39-3029. 33. SHELTER HOME CARE, § 39·3301, 39-3302, 39-3303, 39-3305, 39-3308, 39-3310. CHAPTER. 34. UNIFORM ANATOMICAL GIFT ACT, §§ 39-3401 - 39-3417. 36. WATER POLLUTION ABATEMENT, §§ 39-3601 - 39-3606B, 39-3614

­ 39-3618. 37. ANATOMICAL TISSUE, ORGAN, FLUID DoNATIONS, §§ 39-3702, 39-3703. 40. MOBILE HOMES AND RECREATIONAL VEHICLES

- STANDARDS, §§ 39-4002 ­ 39-4011. 41. IDAHO BUILDING CODE ADVISORY ACT, §§ 39-4103, 39-4105, 39-4106, 39-4109, 39-4111, 39-4113, 39-4116, 39-4121, 39-4125, 39-4126, 39-4128. 43. MEDICAL CONSENT, § 39-4303A. 44. HAZARDOUS WASTE MANAGEMENT, §§ 39-4403 - 39-4405, 39-4408 ­ 39-4411, 39-4413, 39-4417B, 39-4423, 39-4424, 39-4426, 39-4432. 45. NATURAL DEATH ACT, §§ 39-4502 ­ 39-4509. 47. RESPITE CARE SERVICES, §§ 39-4702, 39-4704. 54. ARTIFICIAL INSEMINATION, § 39-5408. 55. CLEAN INDOOR AIR, § 39-5510. 58. HAZARDOUS WASTE FACILITY SITING, §§ 39-5802, 39-5812 - 39-5815. 60. CHILDREN'S TRUST ACCOUNT, § 39-6007. 62. PCB WASTE DISPOSAL, §§ 39-6201 ­ 39-6216. 63. DOMESTIC VIOLENCE CRIME PREVENTION, §§ 39-6301 - 39-6317. 64. CLEAN LAKES ACT, §§ 39·6401 ­ 39-6413.

1111111111 1.11

_



## £



## . 

# • IDAHO CODE

General Laws

TITLE 39
HEALTH AND SAFETY

CHAPI'ER. CHAPTER.

1. DEPARTMENT OF HEALTH AND WELFARE, 21. MARKING OF EXPWSIVES, §§ 39-2101

­ §§ 39-101- 39-148. 39-2103. 2. VITAL STATISTICS, §§ 39-201 - 39-276. 22. LIQUEFIED PETROLEUM GASES, 3. ALCOHOLISM AND INTOXICATION TREAT­ §§ 39-2201 - 39-2205. MENT ACT, §§ 39-300 - 39-316. 23. SMOKE MANAGEMENT, §§ 39-2301

­ 4. PUBLIC HEALTH DISTRICTS, §§ 39-401­ 39-2303. 39-427. 24,25. (REPEALED.) 5. HOSPITALIZATION OF TuBERCUWSIS PA­ 26. FIRECRACKERS AND FIREWORKS, TIENTS, §§ 39-501- 39-517. §§ 39-2601 - 39-2630. 6. CONTROL OF VENEREAL DISEASES, 27. [TRANSFERRED OR REPEALED.) §§ 39-601- 39-607. 28. MOSQUITO ABATEMENT DISTRICTS, 7. ADVERTISING CURES FOR SEXUAL DISOR­ §§ 39-2801- 39-2811. DERS, §§ 39-701- 39-704. 29. [REPEALED.) 8. CONTRACEPTIVES AND PROPHYLACTICS, 30. RADIATIO:-; AND NUCLEAR MATERIAL, §§ 39-801- 39-810. §§ 39·3001 - 39-3028. 9. PREVENTION OF BLINDNESS AND OTHER 

# • 31. REGIONAL MENTAL HEALTH SERVICES, PREVENTABLE DISEASES IN INFANTS, §§ 39-3101- 39-3139. §§ 39-901- 39-912. 10. PREVENTION OF CONGENITAL SYPHILIS, 32. BUILDING FACILITIES FOR PHYSICALLY §§ 39-1001- 39-1006. HANDICAPPED, §§ 39-3201 39-3210. 11. (REPEALED.) 12. FOSTER HOMES AND DAY CARE HOMES 33. SHELTER HOME CARE, §§ 39-3301
FOR CHILDREN, §§ 39-1201 39-3309. 39-1224. 34. ANATOMICAL GIFTS, §§ 39-3401 13. HOSPITAL LICENSES AND INSPECTION, 39-3411. §§ 39-1301- 39-1394. 35. [TRANSFERRED OR REPEALED). 14. HEALTH FACILITIES, §§ 39-1401 36. WATER POLLLllON ABATEMENT, 39-1460. §§ 39-3601- 39-3613. 15. CARE OF BIOWGICAL PRODUCTS, 37. BLOOD DO:-;ATIOl'S. §§ 39-3701,39-3702. §§ 39-1501- 39-1503. 38. MINORS

- CO:-;SENT TO TREATMENT, 16. SANITARY REGULATIONS FOR PUBLIC § 39-3801. EATING PLACES, §§ 39-1601 39. STERILIZATION, §§ 39-3901 - 39-3910. 39-1613. 40. MOBILE HOMES A."D RECREATIONAL VE17. HEALTH REGULATIONS FOR EATING HICLES

- STA.,>DARDS, §§ 39-4001­
PLACES AND FOOD ESTABLISHMENTS 39-4011. GRADING AND LICENSING, 41. IDAHO BL'lLDING CODE ADVISORY ACT, §§ 39-1701- 39-1716. §§ 39-4101- 39-4129. 18. HOTELS AND FOOD VENDING ESTABLISH­ 42. [REPEALED]. MENTS

- REGULATIONS AND INSPEC­ 43. MEDICAL CONSEr-iT, §§ 39-4301 TION, §§ 39-1801- 39-1834. 39-4306. 19. FIRE ESCAPES AND DOORS, §§ 39-1901­ 44. HAZARDOL"S WASTE MANAGEMENT, 39-1905. §§ 39-4401 - 39-4422, 39-4426

­ 20. BARBER SHOPS, HAIRDRESSING ESTAB­ 39-4432. LISHMENTS AND PUBLIC BATHING 45. NATURAL DEATH AcT. §§ 39-4501

­ PLACES, §§ 39-2001- 39-2003. 39-4508.

1 

# •PUBLISHER'S NOTE

Amendments to laws and new laws enacted since the publication of the bound volume down to and including the 1989 regular session are compiled in this supplement and will be found under their appropriate section numbers.

The supplement contains annotations for the Idaho Code based on decisions ofthe state and federal courts. The annotations are derived from the following sources:

Pacific Reporter 2nd Series through Volume 767, p. 1019. Federal Supplement through Volume 703, p. 961. Federal Reporter 2nd Series through Volume 866, p. 1423. United States Supreme Court Reports, Lawyers' Edition, 2nd Series through Volume 102, p. 1011.

Bankruptcy Reporter through Volume 95, p. 254. Opinions of Attorney General 1983-1 through 1989-9. Section numbers printed in black type face either refer to sections ofthe original volume or to new acts not included therein.

Title and chapter analyses, in these supplements, carry only laws that have been amended or new laws. Old sections that have nothing but annotations are not inc!uded in the analyses. Following is an explanation ofthe abbreviations ofthe 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

ALWAYS CONSULT THE LATEST SUPPLEMENT IN CONNECTION WITH THE PERMANENT VOLUME

# IDAHO CODE 

# •

CONTAINING THE 

# GENERAL LAWS OF IDAHO ANNOTATED

I

ORIGINALLY PUBLISHED BY AUTHORITY OF LAWS 1947, CHAPTER 224

REPUBLISHED BY AUTHORITY OF LAWS 1949, CHAPTER 167 AS AMENDED



### Compiled Under the Supervision ofthe Idaho Code Commission

PHILLIP M. BARBER WILLIS E. SULLIVAN JESS B. 

### HAWLEY, JR. COMMISSIONERS



## VOLUME SEVEN A

THE MICHIE COMPANY 

### LawPublishers 

# • CHARLOTTESVILLE, VIRGINIACOPYRIGHT© 1948, 1961, 1977, 1985
BY
THE MICHIE COMPANY

All rights reserved. 

# o



# c**C~**. .. ..; . '.

.. :,,' ,.70 '. " 

# .a ': '

'I " " ' .. :-: .::

.... . . .



### • 

# •

•

• PUBLISHER'S NOTE

Since the publication in 1977 of revised Volume 7A, many of the laws containedtherein have been amended or repealed andmanynew laws have been enacted. The laws in Title 40 concerning highways and bridges were entirely repealed and replaced in 1985 and parallel reference tables have been inserted precedingTitle 40 which indicate where the subject matterof the former statutes is now codified and where the subject matter of the present statutes was formerly codified. Accordingly, this replacement volume is issued with the approval and under the direction of the Idaho Code Commission. Volume 7A contains the laws governing health and safety and highways andbridges.

This replacement volume contains laws enacted by the Idaho legislature through the 1985 regular session and annotations of cases interpretingthe Idaho Code from the following sources:

PacificReporter2nd SeriesthroughVolume 694, p. 1133. FederalSupplementthroughVolume 601, p. 1037. Federal Reporter 2nd SeriesthroughVolume 754, p. 394. United States Supreme Court Reports, Lawyers' Edition, 2nd Series throughVolume 83, p. 985. West's BankruptcyReporterthroughVolume 46, p. 246. Following is an explanation ofthe abbreviations ofthe Court Rules used throughouttheIdaho Code. I.R.C.P. Idaho Rules of Civil Procedure I.C.R. Idaho Criminal Rules M.C.R. MisdemeanorCriminal Rules I.J.R. IdahoJuvenileRules I.A.R. Idaho Appellate Rules I.C.A.R. Idaho CourtAdministrativeRules IJ.R. IdahoInfraction Rules I.R.E. Idaho Rules ofEvidence

iii

### ADJOURNMENT DATES OF SESSIONS OF 

# o
• LEGISLATURE

Article 3, § 22 of the Idaho State Constitution provides: "No act shall take effect until sixty days from the end ofthe session at which the same shall havebeenpassed, except in case ofemergency, which emergency shall be declared in thepreambleor inthebody ofthe law." Section 67-510 Idaho Code provides: "No act shall take effect until July 1 of the year of the regular session or sixty (60) days from the end of the session at which the same shall have been passed, whichever date occurs \.: last, except in case ofemergency, which emergency shallbe declared in the preambleor body ofthe law. Everyjointresolution, unless a different time is prescribed therein, takes effect from its-passage." This table is given in orderthatthe effective date ofacts, not carrying an emergency or which do not specify an effective date, may be determined with a minimumofdelay. Year Adjournment Date 1921 0 0 0 0 0 00 0....... March 5, 1921 1923 March 9,1923

0 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1925 March 5,1925

0 1927 March 3, 1927 1929 .0.0................................ March 7, 1929 1931 0 0 0 0................. March 5, 1931 1931 (Eo S.) March 13, 1931 1933 March 1, 1933

0 ••••••••••••••••••••••••••••••• 0 •••••••••••••••••• 1933 (E. S.) June 22,1933 1935 0 0 0.......... March 8, 1935 1935 (IstE. S.) March 20, 1935 1935 (2nd Eo S.) ' July 10, 1935 1936 (Brd E. S.) 0 0............... July 31, 1936 . 1937 

### 0........................................................... March 6, 1937

1937 (E. S.) ;................................................ November 30, 1938 1939 March 2, 1939 1941 March 8, 1941 1943 0 0....... February 28, 1943 1944 (lstE. S.)**~..............................................** March 1, 1944 1944 (2nd E. So) 0•••••••••••••••••••••••••••••••• 0 •••••••••. 0.... March 4,1944 1945 0.. 0................

.. March 9, 1945 1946 (lst E. S.) March 7,1946 1946 (2nd E. S.) 0 0.................... March 7, 1946 1947 March 7,1947

0 •••••••••••••••••••••••••••••••• 0 •••••••••••••••••••••••••••• 1949 March 4, 1949 1950 (E. S.) February 25, 1950 1951 March 12,1951 1952 (Lst E. So) January 16, 1952

v 

# c

# • vi ADJOURNMENT DATES



# • Year Adjournment Date 1953 March 6, 1953 1955 March 5, 1955 1957 March 16, 1957 1959 March 9, 1959 1961 March 2, 1961 1961 (IstE. S.) August 4, 1961 1963 March 19, 1963 1964 (E. S.) August 1, 1964 1965 March 18, 1965 1965 (IstE. S.) March 25, 1965 1966 (2ndE. S.) ,..................................... March 5, 1966 1966 (3rd E. S.) March 17, 1966 1967 March 31, 1967 1967 (IstE. S.) ;................................ June 23, 1967 1968 (2nd E. S.) February 9, 1968 1969 March 27,1969 1970 '.. .. . .. .. . ... .. .. . . March 7, 1970 1971 March 19, 1971 1971 (E. S.) ,............... April 8, 1971 1972 March 25, 1972 1973 March 13, 1973 1974 March 30,1974 1975 March22, 1975 1976 March 19, 1976 1977 March 21, 1977 1978 March 18, 1978 1979 :....................................... March 26, 1979 1980 ,... March 31,1980 1981 March 27,1981' 1981 (E. S.) July 21, 1981 1982 March 24, 1982 1983 ..- April 14, 1983 1983 (E. S.) May 11, 1983 1984 March 31,1984 1985 '.... March 13, 1985



# •299 HAZARDOUS WASTE MANAGEMENT 39-4402 

# o CHAPTER 44

HAZARDOUS WASTE MANAGEMENT

SECTION. SECTION. 39·4401. Shorttitle. 39-4416. Citizensuits. 39-4402. Legislative findings and purposes. 39-4417. Hazardous waste emergency ac­ 39-4403. Definitions. count. 39-4404. Consistencywithfederal law. 39-4417B. Hazardouswaste traicing, emer­ 39-4405. Rules and regulations in general. gency and monitoring ac­ 39-4406. General powers and duties of di­ count. rector. 39-4418. Local governmentnotice. 39-4407. Identificationofhazardous wastes. 39-4419. Interstatecooperation. 39-4408. Unauthorized treatment, storage, 39-4420. Employmentsecurity. release, or disposal of hazard­ 

# '1 39-4421. Good samaritanprotection.

i ous wasteprohibited. 39-4422. Severability. 

# I 39-4409. Pennit requirements for hazard­ 39-4426. Appointment of health inspectors. ous waste treatment storage, 39-4427. Hazardouswastedisposal fee. ordisposal facilities.
I 39-4428. -Ccllectionof fees Returns. 39-4410. Transportation of·· hazardous 

### I 39-4429. Books and records to be preserved waste. 

## ! 39-4411. Records -, Reporting

- Monitor- .- Entry and 'inspection by .

. . iilg..

. '. ., ". departmentofhea"lth"and v;el·

..**39~4412.** Inspections·- Rightofentry

.. fare. 39-4413. Enforcementprocedures. 39-4430. Additions and penalties. 39-4414. Remedies. 39-4431. Collection andenforcement. 39-4415. Violations constituting misde­ 39-4432. Distribution of hazardous waste
meanors. disposalfee revenues. '··1··

01. Short title.

- This act may be known and cited as th{
us Waste Management Act of 1983." [I.C., §

### 39~4401, as add ··by 1983, ch. 1· ,§ 1; p. 416.]

39-4402'. Legislative (1) The legislature of the StateofIdahofinds:

(a) That continuing technologi Compiler's note refer to S.L. 1983, c . 154, § 1 which compiled as §§ 39-4401 th

and the abatement of air and r p ution have resulted in everincreasingquantitiesofhazardouswa e; (b) That the public health and A'afe . and the environment, are threatened when hazardous wastesare not anaged in an environment-

. i ally soundmanner; 

## I I (c) That the knowledge an echnology necessary r alleviating adverse i ! health, environmental nd aesthetic impacts res ing from current 

### ! hazardous waste m agement and disposal practic generally ! i available; and i I (d) That the p lem of proper management of hazardous become a ma r ofgreatstatewideconcern. (2) There e, it is hereby declared that the purposes of this ac 

## \ (a) To rotect the public health and safety. the i i org sms, and the environment from the effects 

## ! i dequate, or unsound managementofhazardous waste; re: health of livi of the improper, 

# c



# c

# •

•

• 39-4403 HEALTH AND SAFETY 300 b) To establish a program to track and control hazardous wastes frorl t e time they are generated through transportation, treatment, 

### storage,

. an disposal; and, / (c) assure' the safe and adequate management of hazardous 'Yastes

'! withi the state. [I.C., § 39-4402, as added by 1983, ch. 154, § 1, u, 416.] 

### H Compiler' notes. ·For words "this act," Applicability of. zoning re :1 q see Compiler's otes, § 39-«Ol. waste disposal facilities of Collateral erences. Validity and eon­ governmentalentities.59 A. 

# n struction of stat s, ordinances, or regula. 

# II I tions controlling ischarge of industrial wastes into sewersy terns. 47 A.L.R.3d 1224.
:1



### ., :1 39-44'03. Defim'ons.- As,used in thischapter:

. I (1) "Board" means he Idahoboardofhealthandwe 

### 11 .(2) "Commercial h rdous waste facility or site" eans any hazardous 

# J waste'facility whose pri arybusiness isthetreat nt, storageor disposal, :1 for a fee or other consid ation,'bf hazardous w ste generated off site by 11·

. .j .·.generatorsotherlhanthe 0 

### ierandoperatoro 

### hefacility

.. ", (3) "Department" means e Idaho depart ent of health and welfare. '\ '1 (4) "Director" means the di ctor of the I aho department ofhealth and 

### iI welfare or the director's authori d agent. 11 j (5) "Disposal" means the disch ge, d osit, injection, dumping, spilling, ! leaking or placing of any hazardo w ste into or on any land or water so "

### ; that such hazardous waste or an constituent thereof may enter the environment or.be emitted into t e ir or discharged into any waters, includinggroundwaters. (6) "Generator" means any pe son, wh by virtue ofownership, management, or control, is responsib for causi or allowing to be caused the creationofahazardouswast

. (7) "Hazardouswaste" ans a waste or co binationofwastesof a solid, liquid, semisolid, or cont ned gaseous form wn' h, because ofits quantity, concentrationor charac ristics (physical, chemic lorbiological) may: (a) Cause or signifi antly contribute to an in rease in deaths or an increase in seriou , irreversible or incapacitating eversible illnesses; or (b) Pose a subst tial threat to human health or the environment if improperly treed, stored, disposed oformanaged. ch wastes include, but are not li ited to, materials which are toxic, corr sive, ignitible, or reactive, 0 materials which may have mutagenic, teratogenic, or carcinoge c properties but do not include solid or dissol d material in domesti sewage, or solid or dissolved materials in irrigatio returnflows
or ind strial discharges which are point sources subject national pollu on discharge elimination systempermits under.the Fed al Water Pol tion Control Act, as amended, 33 U.S.C., Section 1251 e seq., or. so rce, specialnuclear, or by-product material as defined by the tomic

nergy Act of 1954, as amended, 42 U.S.C., Section 2011 etseq. (8) "Hazardous waste management" means the systematic control 0 the ollection, source separation, storage, treatment, transportation, proc sing, and disposal ofhazardouswastes

.of year , in such a manner as not to "',

301 HAZARDOUS WASTE MANAGEMENT 39-4403
9) "Hazardous waste facility or site" means any property, structure,

## 01 

# o

I anc ary equipment intended or used for the transportation, 

### treatment, stora or disposal ofhazardouswastes. , /

(10)' anifest" means a form used for identifyingthe quantity, composition, ori . , routing, waste identification coders), and destinatien of hazardous ste during any transportation from the point ofgeleration to thepointoftr tment, storageor disposal. (11) "Person" eans any individual, association, partner ip, firm,joint stock company, 

### st, estate, political subdivision, blic or private corporation, state 0 ederal governmental departmen , agency, or instrumentality, or any otH legal entity which is reco 'zed by law as the subjectofrights anddub (12) "RCRA" means th Resource Conserva .on and Recovery Act of 1976 as amendedin 1978 an

(13) "Storage" means the ontainment of hazardous wastes, on a temporary basis or for a perio constitutedisposal ofsuchhazardo (14) "Transportation" means the

I. from a hazardouswastefacility or si (15) "Transporter" means any rson 0 transports a hazardous waste to or from a hazardouswastefa . ity or site. (16) "Treatment" means a y method, tec ique, or process, including neutralization, which is de .gned not to be an i tegral partof a production process, but which is rat r designed to change e physical, chemical, or 

# c biological character or mposition of any hazardou waste priorto storage
or final disposalso,as 0 neutralize suchwaste or so a 0 render such waste nonhazardous or 

### 1 s hazardous; safer to transport, sto ,or dispose of; or amenable for re very, amenable for storage or reduce in volume. Such term includes ny activity or processing designed to chan the physical form or ch ical composition of hazardous waste so as

ich is 0 render it nonhazard s. (17)" aste" means any solid, semisolid, liquid or containe mater' 

### 1 for which no reasonable use or reuse is intended or inte ded to be discarded. [l.C., § 39-4403, as addedby 1983, ch. 154, § 4 ;am. 1984, ch. 205, § 1, p. 502.]

Compiler's Dotes. The Resource Conser­ Cross ref. Inspection of hazardous waste vation and Recovery Act of 1976, referred to carriers, §§ 67·2929,67·2930, ' in subdivision (l2)ofthis section, is compiled Sec. to sec. ref. This section is referred to as 42 U.S.C. § 6901 et seq. in §§ 18·3905,67·2929.

Section 2 of S.L. 1984, ch, 205 is compiled as § 39·4410,

'i: ,,-',' '.,
'. '.' .' '" 

### . 

# c. - . . .' -. ."
.

. . ' , .

### . . 

## ":"

. ','


# ... .'.....

.. '. '.

# '..: :.

## '.-
." .' 

### ..

## ::;

.

# , 

# •

•

• 39-4404 HEALTH AND SAFETY 302
/ 3 -4404. Consistency with federal law.

- The legislature intends / that e state ofIdaho enact and carry out a hazardous waste programthat will e ble the state to assume primacy over hazardous waste controlfom thefede al government.

The Ie islature finds that the RCRA, as amended, 42 U.S.C., .ection 6901 et se ,and regulations adopted pursuant thereto, establish complex and detaile provisions for regulation of those who**genera~e,** ransport, treat, store, nd dispose of hazardous wastes. The legisla re cannot conveniently 0 advantageously set forth in this chapter al the requirements of all ofth regulations whichhavebeenor will**be~st** Iblished under RCRA. However, 

### l::i theprovisions ofthis chapter, the legi

.. aturedesires to avoid the existence of duplicative, overlapping or con. icting state and federal regulatory sys ms. , /

Therefore, the boar is directed to promulgate r (es and regulations which are in substance nsistent with federal regu tions adopted by the administrator of the Uni d States environment protection agency to implement RCRA. The bo d may not promulg e rules and regulations governing activities affected such federal re lations until at least six (6) months after the promulga 'on ofsuch regu ations by the environmental protection agency. The six ) months' ¥lay shall apply, but not be limited, to rules and regulatio s concerning mining waste, mineral processing waste, and all othermat ials under study by the administrator of the environmental protection age y Is required by 42 U.S.C. sections 6982(f) and 6982(p). Until such time the board has promulgated rules and regulations concerning mining 

### Jl. mineral wastes and materials under study by the administrator, th6se stes and materials shall not be considered or defined as hazardous!astes der this chapter. Farmers and ranchers who treat, store, or**~hspose** of aste pesticides from their operations on lands owned or ca.6trolled by til m shall not be required by board rules or regulations to d anythingmore 

### t an follow the instructions
on the pesticide label and tri e rinse empty cont iners in accordance with "
:.!

## , ., the RCRA regulations of t environmental prote ion agency. The board

! maynot promulgate any e or regulation thatwou impose conditions or

., requirements more stri ent or broader in scope tha the RCRA regula­ " tions of the environm tal protection agency. The bo rd may, however, promulgate procedur rules and regulations and rule and regulations specifically authori d by this chapter, or other state atutes without showing that thos rules and regulations are required b RCRA or the regulations of th environmental protection agency; provid that those rules and regul ions shall not conflict with this section, othe sections of this chapter, RA, or the rules and regulations of the envi onmental

! protection ag cy. Any rule or regulation promulgated by the bo d shall

., be valid unti it is repealed or modified through the administrative rocess of section -5201, Idaho Code, et seq. [I.C., § 39-4404, as added by 983, ch. 154, § 1, p. 416.]

05. Rules and regulations in general.

- Pursuant to th
ures established by the Idaho administrative procedures act, chapter. ..., .. , 

### .. - '.' ,'

.. , -**~.** ,,'

'.**',,'...,~** <.' ,',I:**iti~."** .:**~"-'.·:-'~~t** ..**',~'·-.,".'··~'~**

(2) Rules and regulati s for those who genera ,transport, treat, store,
or dispose ofhazardouswas (3) Rules and regulations, those issued by the United States environmental protection ency nd the United States department oftransportation, for containerizatio

ous wastes; (4) Rules and regulations ecifying t terms and conditions under which the department sh issue, modify, s end, revoke, or deny such permits as shallbe req . ed by this chapter; 303 HAZARDOUS WASTE MANAGEMENT 39-4407

title 67, Idaho Code, theboard shall adopt suchrules andregulations as //

# 0

are ecessary and feasible for the management of the post generati handh ,collection, transportation, treatment, storage, arid dispo of hazardou astes within the state. The rules and regulations pro lgated by the boar all be a part ofthis code and shall have the for and effect of law. Such s and regulations shall include, but no e.Iimited to: (1) Criteria for e determination of whether any wa e or combination ofwastesis hazardou or thepurposes ofthischapter'

(5) Lists of thos astes or combinations of astes which are not compatible andw ch may notbe storedor disposed of ether; (6) Procedu s and requirements for the reporting 0 the generation, transporta . n, treatment, storageor disposal ofhazardous stes; (7)R es and regulations establishing standards and proce es for the trai . g of personnel at generation sites and at hazardous waste cilities sites. [I.C., § 39-4405, as addedby 1983, ch. 154, § 1, p. 416.]

Sec. to sec. ref. This section is referred to in § 39·4411.
39-4406. General powers and duties of director.

- The director: (1) Shall take all actions not inconsistent with this chapter as are necessary and feasible to enable the department to assume and continue primacy over hazardous waste management, pursuant to the RCRA as amended, 42 U.S.C., Sections 6901·6987; (2) May conduct and publish studies ofhazardous waste management in this state; (3) Shall develop, publish, andrevise as necessary a planfor the safe and effective management of hazardous wastes within this state. Such a plan may identify those locations in the state which are not suitable for the establishment of hazardous waste treatment or disposal facilities or sites;

.(4) Shall exercise all powers and discharge all duties expressed in or impliedfrom the othersections ofthis chapter. [I.C., § 39-4406, as addedby 1983,ch. 154, § 1, p. 416.]

39-4407. Identification of hazardous wastes. - (1) The board shall establish criteria for determining if any waste or combination ofwastes is hazardous or nonhazardous, for the purposes of this chapter. Any waste 

# C



# c

### " 

# •

• 39·4408 HEALTH AND SAFETY 304

which meets the hazardous waste criteria established by the board shall be considered a hazardous waste regardless ofwhether or not itis included by theboardin a list ofhazardous wastes. (2) The board may adopt, and amend from time to time a list or lists of hazardous wastes. The board may, with public notice but without the necessity of a public hearing, list as hazardous any waste or combination of wastes determined to be hazardous by the United States environmental protection agency. [I.C., § 39·4407, as added by 1983, ch. 154, § 

### I; p. 416.]

Sec. to sec. ref. This section is referred to in § 39-4411.

·4408. Unauthorized treatment, storage, release, or disposal of haz ous waste prohibited.- No person shall treat or store

## h~azrous waste, r shall any person discharge, incinerate, release, spill, pl ce, or dispose a hazardous waste in such a manner that the wast or any constituent ereof,may enterthe environment,unless the depa menthas issued said p son a permit or a variance as required for the specific activity involve or exempted the activity from permit req

. ements. [I.C., § 39-4408, as add by 1983, ch. 154, § 1, p. 416.]

39-4409. Permit quirements for hazardo waste treatment storage, or disposal fa ilities.

- (1) No person all construct, operate, or modify a hazardous wa e treatment, storage, r disposal facility or site without a permitfrom thede artment. The 0 r or operatorofthe facility
or siteratherthanthebuilder allbe respo iblefor obtainingthepermit. The board may exempt classes 0 categorie ofhazardous waste treatment, storage, or disposal facilities from e pe it requirement ifthe exemption is in the public interest and consiste ith RCRA requirements. The fact that a class or category ofsuch faciliri is not required to obtain a federal permit shall be persuasive evidence th an exemption is in the public interest. Interim status granted RCRA a permit issued by the United States environmental protectwh "agency pri to the date that the state programis authorizedby the/admimstratcrof at agency shall be adopted by the department as a stat'e granted interim st us or as a state granted permituntilthe departmentissues a new statepe it. (2) The board shalypromulgate rules and regula .ons establishing the terms and conditions for issuing permits to the des 'bed facilities and sites. The rules 

## and regulations shall provide for, but ot be limited 

### to: (a) Standards-and procedures for the safe operation and aintenance of thefacilities-and sites;

. (b) Education and training qualifications of personnel at t e facilities and sites; (c) Contractual commitment or consent to each facility or site om all holders ofinterests in the real property committed to that facility 0 site; (d) Monetary assurances in such form and amount as are necessary or effective management, maintenance, and monitoring ofthe facilities a sitesduringandafteroperation; 

# •: '
, 

## '.

" , 

# : '::

# ::_":-**,~;.,'** ':,,' ,,".'

'

### .. ":-'

## ;'~':,;' " ' ','



# .',:,

· ." ", . . ,. ' ""

adopted

consistent with 42 305 HAZARDOUS WASTE MANAGEMENT 39-4410 

# o
(e) Liability insurance in such form and amount as is necessary
c pensate for potential damages caused by the facilities and**s~** es; pro ided, that liability insurance shall not be required in the eve that liabili insurance is not required by .the federal regulation pursuan 0 theRCRA; (0 Emerge equipment and emergency response plan thefacilities a d sites; (g) Public parti

. ation in the'permitting proces U.S.C. section 697 ). (3) Permits shall be i ued for a period not to exceed ten (10)years orthe maximum period allowe nder RCRA, w)M{hever is greater. Permits issued to hazardous wastefac 'tiesand**si~** by the departmentpriorto the effective date [July 1, 1983] 0 his chapter shall be reissued to conform with the provisions of this chapte 

# ana the rules and regulations promulgatedunderthischapter. (4) Any permit issued under is sect n maybe revoked by the director, pursuant to the provisions 0 ection 39-4 3, Idaho Code, ifthe permitted 

### I party fails to comply wi the terms and nditions ofthe permit, this 

# I chapter, or therules an regulationspromulgat underthischapter. 

# , I (5) The departme may issue'a variance from he requirements ofthe rules andregulati ns promulgated underthis section, 'f, in thejudgmentof



### , the director, plication of the requirements would use unreasonable hardship an, the granting of a variance would not be ha ul to the public I' 

# c interest r;rf inconsistent with RCRA requirements. A vari ce shall not

### excee~e (1)year in duration and may be renewed or extende only after th;-A"epartment provides public notice and an opportunity public comment. [I.C., § 39-4409, as added by 1983, ch. 154, § 1, p. 416.]

/ Sec. to sec. ref. This section is referred to / in §§ 39-4426,39-4427.
3 - 10. Transportation ofhazardous waste. - (1) The board shal promulga hazardous waste transportation rules and regulatio to control the in tate and interstate transportation offederall egulated types and quantitie hazardous waste. The rules and re tions shall be consistent with the ru and regulations issued he United States department oftransportation d the United St s environmental protection agency. The rules and regula' ns s also be consistent with the rules and regulations ofthe Idaho p tilities commission unless such consistency would**impa~'** . effectiveness of the state's r the acy or t hazardous waste managem program. In that c the board shall confer with the**commissio~n** endeavor to develop mutua acceptable trans-' portation**rule~** regulations. Ifmutually acceptable ru and regulations canno developed, the board shall promulgate transport . n rules and re ations that minimize conflict with the commission's rule nd ations while assuring the primary authority and effectiveness of til 

# o

# .. 

# •

.. . 

# .. 

# ;.'

. 

# ;.(

. 

## .. . . .. 

## .. .. '



## I ' 

# • I



# •

• 306 HEALTH AND SAFETY 39-4410

Atate's hazardous waste management program, Rules and regulations p mulgated by the board shall prevail over conflicting rules and re tio ofthecommission. (2) The hazardous wastetransportationrules andregulations shal apply , to all ansporters offederally regulated types and quantities of h ardous

waste nerated either by themselves or by others. These r les and regulatio shall apply to any movement ofhazardous wastes t or from a hazardous astefacility or site. (3) The h ardous waste transportation rules and re providefor bu ot be limitedto: (a) Standard or the containerization and labeling of (b) Standards r the handling and placarding of shipments; (c) Ahazardous w te trackingsystem requiringt t:

(i) All transport s of federal regulated t es and quantities of hazardous waste obt in an identification numb r from the department, the environmental pro ction agency, or anoth approved stateprogram, before acceptinghazardo s wastefor transpo ; (ii) All .shipments of derally regulat d types and quantities of hazardous waste to be sH' ped off site or received from off site be accompanied by a manifest r similar orm describing the hazardous waste beingshipped anditsde inatio , (iii): A copy of each manife or similar form be returned to the generatorand/or originatorofthe pment and a copy be retainedby the transporterfor a minimum ofthre 3)years, (4) The hazardous waste tran 0 tion rules and regulations may provide for special routingof haz dous aste shipmentsin this statewhen necessary to protect the public ealth, t e public safety, or the environment. (5) The owner or operator of a motor vehicle or trailer transporting on the highways or public ro ofthis state h rdous waste required to be manifested shall be requi ed to purchase a h ardous waste trip permit. The permit shall be iss ed by the Idaho transp ation department upon the payment of a fe of twenty dollars ($20. ) for each single trip movement or transit of the vehicle or trailer betw en the point of origin and destination as et forth in the permit. No permi hall be required for transportation of ve hundred (500) pounds or less of h zardous waste by a generatortwent (20) miles or less to an accumulation s'tefrom which the hazardous wa e will ultimately be transported for fin I disposal. The permitmayb in theform of a singletrippermitissuedpur uantto section 49-125A, I ho Code, but shall not be in lieu of any oth r permits or registrati required pursuantto title 49, Idaho Code. AU mon s collected pursuan to this section by the Idaho transportation departme t shall be remitt to the state treasurer for deposit in the hazardous waste raining,
emer ncy and monitoring account created in section 39-4417 Idaho Cod . An amount of money equal to the actual and reasonable st of iss ing the hazardous waste trip permit and collecting the m eys H rsuant thereto as determined by the Idaho transportation departm nt. . '" ' ,

• .' : • _"'.' • • '. i';l' .,'**"~',:**

307 HAZARDOUS WASTE MANAGEMENT 39-4411

.1 and certified quarterly by the state auditor, shall be transferred "rom the 

### I 

# o

countto the Idahotransportationdepartment. /

) No commercial hazardous waste disposal facility or site permitted
I und section 39-4409, Idaho Code, shall receive hazardous waste from a motor vehicle or trailer unless the waste is accompanied by a proper manife and the transporter has obtained a special trip permit

### fr({~ the Idaho tr sportation department as provided in subsection }5). If an improperly ocumented shipment of hazardous waste arrives 

### at a permit­ 

# j ted commerc I hazardous waste facility or site, the owner qloperator of 

# .1 the facility 0 site shall immediately notify the Idaho transportation



# ! department an the Idaho department of health and

### l welfare, [I.C., § 39-4410, as add by 1983, ch. 154, § 1, p. 416; am. 198'4,ch, 205, § 2, p. 502.J ' 

# .j 

# I
Compiler's notes. Sectio Sec. to sec. re/ThiS section is referred to 1984, ch. 205 are compiled as in §§ 39.44 

# 717B!39.4426.. 

# I 39-4417B, respectively. Cross ref. Motor CarrierAct, § 61-801­ 61-818.

39-4411. 

### ting

-

# Moni~ring. - (1)Pursuantto the provisions ofsection 39-4405, I ho Code, Uieboard shall adopt, and amend
as necessary, such rules and regu tions

### t~lating to records, reporting, and monitoring as maybe needed to ac**'ev~/the** purposes ofthis chapter. These rules may include, but shall not be imited to, prescribing procedures and requirementsfor: (a) The establishment, maintenance, nd format of records and reports; 

# o

: I (b) The submittal ofrecords andreport

. - ! (c) The taking of samples ana the perfo ing of tests and of analyses; I (d) The use ofapproved monitoringmetho andtechniques; (e) The installation, caration, use, and aintenance of monitoring equipment; and / (f) The provision**ofre~vant** informationto the epartment.

. (2) Sixty (60) days after promulgation of the err eria and lists specified under section 39-4401Idaho Code, and the niles an regulations required under section 39-4f>5, Idaho Code, and subsection ( of this section, the generation, transportation, treatment, storage, or disp al of a hazardous waste in this 

### state by any person without reporting su activity to the department as lequiredby theregulationsissued pursuant subsection (L) 1 i !­ ofthis

### sec~t'o /shallbe unlawful. (3) Info ation obtained by the department or by agents, c tractors, or other rep esentatives of the department, under the provisi s of this section ,hd under section 39-4412, Idaho Code, shall be availa e to the public';unless the director certifies such information must kept confi entia!. The director may make such certification upon a sho g, to the satisfaction of the director, that the information, or parts there f, if de public, would divulge methods, processes, or activities constitut g ade secrets. Nothing in this subsection shall be construed as limiting t 

# c

# •

•

• 39-4412 HEALTH AND SAFETY 308

isclosure of information by the department to any officer, employee,

# ar/

au orized representative ofthe state or the United States, as necessaryto ca out the provisions of this chapter or the provisions of

### RCR;~ The provisi s of this section shall not limit the department's authority to release c fidential information during an emergency involving-hazardous 'I 

## ;! waste, if t director determines that release of the information is

, / necessary to s eguardthepublicinterest. / (4) Each 'gene tor shall, at the discretion of th,e ;Zirec 'or, no later than thirty (30) days a r the end of each calendar quart submit a written reportto the departm t includingthefollowing info ation: (a) The types andqua tities ofhazardous

### waste~ienerated; (b) The types and quan 'ties of such wastes,shipped for treatment and disposalby landfillingor 0 er means ofdisposal; (c) The types and quantities f SUChX" s remaining in storage at the as end ofthereportingperiod; (d) Whether such wastes are des in for disposal or treatment in this state or whether such wastes ar estined for disposal, or treatment outside this state. (5) The operator of each haza ous was disposal facility or site in the state shall, no later than thi y (30) days a er the end of each calendar quarter, submit a written r ort to the depart nt providing information
on the types and quanti .es of wastes received ich were generated in Idaho, and informatio on the types and quantiti s of wastes received whichwere generate Inotherstates

. (6) Prior to Dec ber 31 of each year the departme shall submit a report to thD1 vernor and the legislature detailing e types and quantities of azardous wastes generated in this state, t types and quantities ofsuch wastes shipped for treatment and disposal by ndfilling
or other

### ~eans of disposal, the types and quantities of such wastes remain' g in storage attheendofthe mostrecent reportingperiod a d the types d quantities ofhazardous waste generated outside this state d shi ed into this state for storage or disposal. [I.C., § 39,-4411, as added B 83, ch. 154, § 1, p. 416; am. 1984, ch. 258, § 1, p, 618.]

Sec. to sec. ref, This section is referred to in § 39·4429.
39-4412. Inspections

- Right of entry.

- (1) All inspections and searches conducted under the authority ofthis chapter shall be performed :
. in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and article I, section 17, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless administrative searches of private property in the .j '1 absence of either consent from the property owner or occupier or exigent ,j circumstancessuch as a public healthor environmental emergency. 

## I

I309· HAZARDOUS WASTE MANAGEMENT 39-4413
(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, atanyreasonabletime: (a) Enter upon any private or public property where hazardous wastes
are or have been generated, transported, treated, stored, or disposed of to inspect and to secure samples of such wastes, their containers, and their labels; (b) Enter into any aircraft, vehicle, vessel, rail car, trailer, van, or other
means ofconveyance wherehazardous wastes are or havebeen contained to inspect and to secure samples of such wastes, their containers, and theirlabels;

. (c) Enter any private or public property, or means ofconveyance, where records, reports, information or test results relating to the generation, transportation, treatment, storage, or disposal ofhazardous wastes exist to inspectandcopy suchdocuments. (3) Upon request by an authorized agent of a property owner or facility operator, the department shall provide the property owner or facility operator with a receipt for samples taken and a copy of sample analysis. Duplicate samples shall similarly be provided upon request if the requesting party agrees to have the samples analyzed and to share the results of the analysiswiththe 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 ofentry of a duly authorized state or health district employee shall not be subject to any confidentiality requirements other than those specified in section 39-4411(3), Idaho Code. The right of entry of a private contractor working in a representative capacity for the department may, however, be made subject to additional confidentialityrequirements so long as those requirements do notinterfere unreasonably with the development of information by the department or the transmission of information from the contractor to the department or theUnitedStatesenvironmentalprotection agency. (5) Any magistrate or district court judge is authorized to issue an administrative search warrant upon a requestfrom the director describing reasonable cause for issuance of the warrant or the existence of a reasonable program of inspection. [I.C., § 39-4412, as added by 1983, ch. 154, § 1, p. 416.]

oll1,""tIoIo.13. Enforcement procedures.

- Whenever the director determinesthat a erson is in violation ofanyprovision ofthis chapte-rOr any

. . permit, standard, r tion, condition, requirement.vcofnpliance agreement or order issued or pro ted pursuant-tofhis chapter, the dirctor maycommence one or more ofthefo . .

. (1) ADMINISTRATIVE**~.** S. (a) Departmental gotiated Compliance Proceedm

. 1. Notice e director may commence a departmenta cement y giving a person believed to be in violation of the --;-



# C
-'

# '**----~--** ----11'1 

# •

•

• 39-4413 HEALTH AND SAFETY 310

itten notice of violation. The notice shall state with**reas~na** e s cificity the nature of the problem and likely actions which the
rec ient should take to remedy the alleged violation. The notic shall also tate that a civil penalty could be imposed against the rec¢'ient if the vi ation is not remedied within thirty (30) days. The nojice shall inform e person to whom it is directed of an opportunityto confer with the irector concerning the alleged violation. The ,(lOtice may require a ittenresponse withinfifteen (15) days. / 2. Scheduli Compliance Conference. If a

### reciPie~t 6f a notice of violation coni cts the department within fifteen (15) . ays ofthe time the recipient r ceived the notice, the recipient sha be entitled to a compliance confe ence. The,conference shall be helq/within twenty (20) days ofthe date tH notice was delivered to therecipient, unless a later date is agreed to. T e conference shall be held during normal working I hours at the local fi d office of the department's division of environment located closest to the recipient's place qibusiness or at any other date, time and location utually agreeable to the recipient and the department. / 3. Compliance Conference. he compliance conference shallprovide an opportunity for a recipient of a not' e of violation to explain the circumstances of the allege viola 'on and, where appropriate, to present a proposal for future 0 Hance. If the recipient and the director agree on a plan to brin he recipient into compliance, they may enter into a voluntary co .ance agreement formalizing their understanding. The complianc agr ement may include provisions for the payment of state costs a ociate with the alleged violation and monetary assessments in lie of civil p nalties. All funds secured by a compliance agreement sh be paid in the hazardous waste emergency accountcreatedby ection 39-4417, daho Code. 4. Effect of Compliance Agreement. A com liance agreement shall be effective immediately pon its being signed. f a party does not comply with the terms ofth compliance agreement t director may seek and obtain in any app priate district court sped c performance of the agreement and s h other reliefauthorized by s ction 39-4414, Idaho 

## • Code, as the c rt considers to be just and re sonable under the circumstances. (b) PermitSus nsion or Revocation Proceedings. I 1. Grounds The director may revoke or temporari permit of ny hazardous waste facility or site if the p mitted party fails to eet the requirements of a compliance agreem nt or if the permit d partycommits a violation ofthe lawor a permit ich: (i) reates or has created a substantial threatto the publi health or to	 e environment;or

. ) Is repetitious of prior violations of the same or rovisions ofthe law; or (iii) Is allowed to continue or is not corrected within thirty (30) ays of a notice ofviolation

.



### . 

## .

• r • •

• '. I ','" '. ..**~.** "

. .311 HAZARDOUS WASTE MANAGEMENT 39-4413

Jliviolation that is shown to have occurred as the result of an
un reseeable act of God despite a permitted party's reasonable efforts to co ply with all applicable legal requirements shall not be grounds for a s spension or revocation. I' 2. Noti e ofHearing. The director may commence a permit suspension or revoc ion action by giving a permitted party a written notice of intent to uspend or revoke. The notice shall inform the permitted 

# r 

# I I partyof fac or conduct which warrant suspension or revocation ofthe permit. The otice, hearing, and record requirements for contested
cases containe in the Idaho administrative procedure act, chapter 52, title 67, Idaho de, and subsection (l)(c) ofthis section shall apply to proceedings initia ed under this subsection. Revocation or suspension of a permit shall corne final fifteen (15) days after delivery of the notice of intent to evoke or suspend UnlejShe permitted party requestsa hearing. 3. AdministrativeHear gProvisions,

(i) Upon a timely requ t by a permit holder for a hearingto review the director's action u er subsection ll)(b) of this section, the director shall promptly c duct a hearing open to the public. The

., , contested case provisions 0 the Idaho"administrative procedure act ! shall applyto allhearings co ucted,-G.nder this subsection. ( (ii) The director shall have th authorityto request from the district court in and for Ada county or ny other appropriate district court the issuance ofan order in the

### ri ture of a subpoena compelling the attendance and testimony ofwitne es andtheproduction before the I director of papers, books, drawing documents, test results, and other evidence relevant

### I{o a pe it suspension or revocation investigationor adjudication. (iii) After the hearing/the director sh 11 issue a written opinion setting forth findings/of fact, conclusions of law and an order. An aggrieved person subject to the director's 0 er may seek its review
as a final order

# In a district court as ovided by the Idaho administrative pJ..Ocedure act. District court r view of the director's decision shall

## bl limited to the record develope before the director. (2) CIVIL**ENF~EMENT** ACTION. The director ay commence and prosecute in distri court a civil enforcement action a inst any person who is alleged

. have violated this chapter or any p it, standard, regulat.ion,**cO~ltion,** requirement, compliance agreement, r order which has become**e,~ctive** pursuant to this chapter. Such action may be for appropriate relief or remedies specified in this chapter 0 any other applicable Mw.Thedirector shall notbe required to initiate or pr secute an administitive action before commencing and prosecuting a civ action. (3) LIMITATION OF ACTION FOR ADMINISTRATIVE AND CIVIL COURt PROCEEDINGS BROUGHT UNDER THE PROVISIO OF**THI~/CHAPTER.** No civil or administrative proceeding may be broug t to
recover for a violation ofthis chapter or any permit, standard,**regulatl~~** cgzidition, requirement or order issued or promulgated pursuant to

### t~~ ,aptermore than two (2) years after the director had knowledge or ough \ 

# o



# o



# o

### • 

# •

•

• 39-4414 HEALTH AND SAFETY 312 easonably to have had knowledge of the violation. [I.C., § 39-4413,

., d ed by 1983, ch. 154, § 1, p. 416.]
i: ;; ;! Se to sec. ref. This section is referred to 

### "



# .. " in §§ 3 -4409, 39-4429.

39-441. 

### Remedies.

- The remedies specified in cumulativ andnonexclusive. (1) MaN TARY PENALTIES. (a) Any pe on who makes a false statement or represe tation in any application, bel, manifest, record, report, permit or flther document filed, maintai ed, or used for the purpose of complying with the provisions ofthi chapter shall be liable for a civil

### p~tialty not to exceed ten thousand doll s ($10,000) for each separate violation or for each day of a continuingviol ion,

. (b) Any person who violates this chapter or :£.ny permit, standard, regulation, condition, requirement, compliance agreement, or order issued or promulgated p rsuant to this chaptfr / shall be liable for a civil penalty not to exceed ten thousand dollaro/($lO,OOO) for each separate violation or for each day of continuingviolation. (c) The imposition or compu tion of mo,rtetary penalties may take into account the seriousness of the iolation/and good faith efforts to comply withthe law. / (2) ASSESSMENT OF COSTS. A**y~erson** who violates this chapter or any permit, standard, regulation, ondition, requirement, compliance agreement, or orderissued or prom ga ed pursuantto this chaptermaybe 

# :1 '. :i assessedfor: / ·i (a) The state's costs for any nonrouti e investigations, inspections, monitoring, or surveyswhich-leadto evide ce oftheviolation;

, ! (b) The state's costs, including the rea nable value of attorneys'



# .. services, for preparing and-litigatingthe case, (c) The state's costs for ,rtlitigating, removing, orrecting or terminating

:., adverse effects upon ,,soil, air, or water qua [ty resulting from the 

### :, violation; / 

### i (d) The state's costs'for impounding, storing, and isposing of contaminatedproperty; / (e) Compensation' for damages to publicly held resou es including but not limited to.jland, water, recreational uses, wildlife, sh and aquatic life to restoretheresource to its highestprevious use; (0 Compensation for damages to privately held resources 1 eluding, but .: not limitedto, livestock, land, water, or other personal p perty, and

;t I compensation for court costs allowed by statute, reasonable ttorney's I fees for/trial preparation and trial of the case, and all other re sonable .: costs oftrialpreparation andtrial ofthe case; (g) Compensation for damages to personal health and compensati for ;: : court costs allowed by statute, reasonable attorney's fees for ial

J•• preparation and trial of the case, and all other reasonable costs of tr' I
I /reparation andtrial ofthe case;. . . '. 

### . . , ." , ...

. .,'.**':"~""** '**,~.'.** " 

### '.'"**."~."** . ",:., ",'**~."** .... ::. 

# , , I 313 HAZARDOUS WASTE MANAGEMENT 

# o h) The imposition or computation of costs may take into account e 

# I
I

, s iousness ofthe violation and good faith efforts to comply with the aw. 

# I (3) ESTRAINING ORDERS, INJUNCTIONS AND OTHER R IEF. 

## I (a) y person who violates any provision ofthis chapter or an permit, standa ,regulation, condition, requirement, compliance agr ment, or orderiss ed or promulgatedpursuantto this chapter shall be ubjectto a permanen or temporary injunction, restraining order, or' other relief deemed app priate. Upon a showing to the court that!a violation is causing an im inent hazard to the public health, the p lie safety, or to the environmen the department need not allege or p ve at any stage of the proceeding th t long term irreparable damage ill occur should the injunction or order ot be issued or thatthe reme'dlat law is inadequate.



# , (b) A receiver may appointed to oversee 00perate any hazardous waste facility or site w ich is established'or operated in violation ofthis chapter or any standard, egulation, conditiori, requirement, compliance agreement, or orderissue r promulgatedpursuantto this chapter. (4) PAYMENT TO HAZA OUS WASW EMERGENCY ACCOUNT. Moneys recovered by the depar ent pursuant to subsections (1), (2), and 

# I (3) of this section and any m eys ;Paid to settle any enforcement proceeding instituted under section 9A413, Idaho Code, shall be paid into the hazardous waste emergency acco t created by section 39-4417, Idaho I I Code. [I.C., § 39-4414, as added by 98 ch. 154, § 1, p. 416; am. 1984, ch. 

# I 157, § 1, p. 383.] 

### ! 

# ! 39-4415. Violations con who knowingly makes**a~** false statemen or representation in any application, label, manife : record, report, perm' ,or other document filed, maintained or used for t e purpose ofcomplying ith the provisions ofthis chapter shall be guilty, of a misdemeanor and subje t to a fine of not more than ten thousand d lars ($10,000) or to imprisonm t not to exceed one (1) year, or to bo ,for each separate violation or or each day of a continuingviolati n. (2) Any pers who knowingly violates any provision 0 this chapter or any permit, tandard, regulation, condition, requiremen agreement, order issued or promulgated pursuant to this apter shall be guilty a misdemeanor and subject to a fine of not mor than ten thousan ollars ($10,000) or to imprisonmentnot to exceed one ( year, or 

# • to both or each separateviolation or for each day of a continuing VI ation. 

# I (3) n action may be commenced and prosecuted by the 

### att rney gen al. The director shall not be required to initiate or prosecut an a inistrative or civil action before the attorney general may commen e d prosecute a criminal action. [I.C., § 39-4415, as added by 1983, ch. 154, 

### • • q § 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 

# o



# o

### • 4'.


# • fI

39-4417 HEALTH AND SAFETY 314 \

" a civil action on that person's own behalf against any person alleged to ! I have committed the violation. A person commencing an action under this 

### ,j section shall be required to file a bond or equivalent securityin 'an amount 

## I notlessthanone thousanddollars ($I,OOO). I (2) No action may be commenced under subsection (l) 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 (l) 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, ifthe department commences an action in a court ofthe

, state of Idaho, any interested person may intervene as provided in rule 24(a} oftheIdahoRulesof Civil Procedure. 

# I (3) 

### In any action underthls section, the departmentmay intervene 8,S a '! L matterofright. ! i (4) 

### .When issuing any final order in.any action brought pursuant to this , section, the' 'court may' award costs of litigation, including reasonable' attorney and expert witness fees, to any prevailing party, whenever the court determines such an award is appropriate, except that the state of Idaho shall not be required to pay such costs in any citizen suit where the statehasbecome a party. (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. [I.C., § 39-4416, as added by 1983, ch. 154,'§ 1, p

..416.J

17. Hazardous waste emergency account. (l) There is hereby ated an account in the agency asset fund in the state treasury

### to be designa thehazardouswasteemergency account. " ./': (2) The aced t shall consist of moneys appropriated to the-account by the legislature, m eys allotted to the account as a result ofdepartmental compliance proceedi , moneys allotted to the account-hi a court ordered award or judgment, mo ys allotted to the account in a court approved settlement, andmoneys con ibuted to the accountfrom othersources.

(3) Moneys in the account be used by-the director in the case of a hazardous waste emergency to the/necessary costs of preventing, neutralizing, or mitigating any thre

. ({Qthe public health or safety, or to the environmentcausedbythate efgen

. (4) The board maypromulg regulatio for the withdrawal anduse of funds from theaccount as s cified in subsectio 3) ofthis section. (5) All moneys place in the account are here perpetually appropriated to the departm t for the purposes described in bsection (3) ofthis section. All exp itures from the account'shall be pal out in warrants drawnby the te auditoruponpresentationoftheproperv chers. (6) Pen 'ng use, surplus moneys in the account shall be inv ted by the state easurer in the same manner as provided under section 7-1210, Id 0 Code. Interest earned on the investments shall be returned the

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

# •315 HAZARDOUS WASTE MANAGEMENT 39-4419

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

# G

§§ 39-4413 and 39-4414.
3 M17B. Hazardous waste training, emergency and monitorin
acco t. - (1)There is herebycreated an account in the dedicatedfun the sta treasury to be designated the hazardous waste training, e gencyan monitoringaccount. (2) The countshallconsistof: (a) Mone appropriatedto the account; · (b) Moneys provided in sections 39-4410 and 39-4432, · (c) Donations iftsandgrantsfrom anysource; and

(d) Anyother oneys whichmay hereafterbe provided**b~** (3) Moneys in t account may be appropriated for y or all of the following purposes:

. (a) Acquisition Ofp perty andequipment by-the partrnentofhealth**~nd** welfare**.~o.** analyz monitor, contain; collect 0 dispose ofhazardous wastes;

.. (b) Employment of or co tracting with necess ry personnel to analyze, monitor, contain, collect or ispose ofhazardo s wastes; or (c) Employment of individu s or contracti g with individuals or corpo­ rations to respond throughou the state to health and environmental problems which may be caused hazar ous waste emergencies or spills, improperly packaged or handled az dous waste or the alleviation of damages 

## to the people and environ en£ of the state ofIdaho caused by'

. 

# '0 suchemergencies or spills. (d) Taking removal or remedia acti relating to hazardous wastes which the departmentdeems n cessary prevent, minimize or mitigate

· damage to the public healt and welfa environment. [I.C., n

aw.

§ 39-4417B, as addedby 19 , ch. 205, § 3,
Compiler's notes. Sections 2 a d 4 of S.L. Sec. to se ref. This section is referred to 1984, ch. 205 are compiled as §§ 9-4410 and in §§ 39-4410, 9-4432. 39-4426, respectively.
39-4418. Local g ernment notice. - A permit r a new hazardous waste land disposal acility or site shall notbe issued u ilthe department has given ninety 0) days' notice to the board of county ommissioners of the county in w ich the proposed facility or site is to located. [I.C., § 39-4418, as a (led by 1983, ch. 154, § 1, p. 416.]

nterstate cooperation.

- The director shall ha thepower and the d y to encourage cooperative activities between the d artment and other. states for the improved managementofhazardous waste and so far as' practical, to provide for uniform state regulations d for inters teagreements relating to hazardous waste management.The tate may enter into such agreements with other states to accomplish the pu oses as set out in this chapter. [I.C., § 39-4419, as added by 1983, tho 1 ,§ 1, p. 416.] 

# \ 0

.

. .'

. 

### . . . '. ". '

. . '. ." . . . ,. . .

### • 

# • .. 

# -.**~'** 

## 1 .' ,."

.**~"** 

# .,
. ':,.'

. ':.


# " 

# •

•

• 39-4420 HEALTH AND SAFETY 316

39-4421. Good samaritan protection. --- (1) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened leakage, seepage, or other release of hazardous waste, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose ofanysuch leakage, seepage or otherrelease, shallbe subject to civil liabilities orpenaltiesofanytype. (2) The immunities provided in subsection (1) ofthis section above shall not applyto anyperson: (a) Whose act or omission caused in whole or in part such actual or threatenedleakage, seepage or otherrelease andwho would otherwisebe liabletherefor; or (b) Who receives compensation other than reimbursement for out-ofpocketexpensesfor 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. [I.C., § 39-4421, as addedby 1983, ch. 154, § 1, p. 416.]

-4422. Severability.- The provisions ofthis act arehereby declapsd to be s rable and if any provision of this act or the application such provision to person or circumstance is declared invalid fo y reason, such declaration II not affect the validity ofremaini portions ofthis act. [I.C., § 39-4422, as ded by 1983, ch. 154, § 1, 6.]

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

39-4426. Appointmentof althinspec health and welfare shal ssign a sufficient n ber of employees and equipment to inspec azardous waste facilities or SI permitted under section 39-4409 aho Code, and located in Idaho w disposal of hazardous e occurs for the purpose of assuring the prote . n of the health safety ofthe public by monitoring the receipt and han of ha ous wasteswhich havebeen transportedby common carrier

.. . . '.

- - .:

I' • ",':' •••••• .' • ,', .',

- • - \

. .


### . .

. ,

\

317 HAZARDOUS WASTE MANAGEMENT 39-4428 

# o 2) The employees ofthe department ofhealth and welfare designated 

### ¢ sUD ection (1) of this section shall be agents of the Idaho transportatjon depa ment and the public utilities commissionfor thepurpose of**c~lle** ing regula ry and registration fees pursuant to sections 61-811 and -812, Idaho C e, and for collecting fees and permits pursuant to chapte 1, title 49, Idaho Code, which fees have not otherwise be-en lawfull paid by transporter to the public utilities commission, the Idaho tra sportation department a county assessor in this state and for issui g hazardous waste trip per its pursuant to section 39-4410, Idaho Co . All moneys collected by the epartment's employees as agents ofthe I,daho transporta­ tion department d the public utilities commission shall be remitted to the state treasurer or deposit in the proper account

# 4 provided by law. (3) All employees the department designated pursuant to subsection I (1) ofthis section shall lert proper authorities or peace officers regarding violations pursuant to t is chapter, violations pursuant to title 61, Idaho Code, and violations pursu nt to title 49, Idaho

### G~de, and violations to any rules and regulations issue pursuant to anyIbfthe aforementioned code



### . I sections. . /

.

All actions broughtfor violat ns ofthepyovisions ofthis chapteror rules andregulationspromulgatedpur uantth . eto shall be brought as provided for in this chapter. All actions br ugh for violations of the provisions of title 61, Idaho Code, or oftitle 49, I Code, shall be brought as provided in those titles. [I.C., § 39-4426, as ded by 1984, ch. 205, § 4, p. 502.] 

# o

Compiler's notes. Section 3 of S.L. 19 4, ch. 205 is compiled as § 39-4417B.
39-4427. Hazardous was e disposal fe - On andafterJuly 1,1984, there is imposed on the 0 er or operator of very commercial hazardous waste disposal facility or si e permitted under s tion 39-4409, Idaho Code, a fee oftwenty dollars ($, 0.00) per ton, or fractio thereof, on all materials disposed ofatthefacility or site. [I.C., § 39-4427, a added by 1984, ch. 205, § 5, p. 502.]

. r
Sec. to sec. ref.

# Thi~{ection is referred to in § 39-4429.

39-4428. C llectionof fees

- Returns.

- The fees [mposed under section 39-4 27, Idaho Code, shall be due and payabl installmen by the owner, agent, employee, or operator of su waste faci ity or site and remittance shall be madeto the Idaho partment of healt and welfare on or before the fifteenth day of the m th next
succee mg the end of the monthly period in which the fee accr d. The owne , operator or designated employee or agent of the hazardous waste facy{ty or site, on or before the fifteenth day ofthe month, shall make ut a'**r~rn,** upon such forms setting forth such information as the depart ent mayrequire, showingthe amount ofthe fee for whichthe owneror operator 

# / 

# \ I I I I

--------1I 318 

# •

,e



# • 39-4429 HEALTH AND SAFETY

o azardous waste facility or site is liable for the preceding mo period, an sign and transmit the same to the depart gether witha remittance for mountin the form reQuu:er (2) The department may re 1 or class ofpersons from the obligation of filing monthly r an require the return 

### to cover other reporting peri ,ut in no event shall retu filed for a period greater t ree (3) months. [I.C., § 39-4428, as added by ch. 205,

, .502.]

39-4429. 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 39-4427, Idaho Code, shall keepcomplete and accuraterecords, includingitemized invoices and manifests for federally regulated types and quantities of hazardous waste ultimately disposed ofat a hazardous waste facility or sitein Idaho: ' All books, documents and papers, computer tapes, discs, and

### ~thet records requiredto be keptby this-section shall**b~** preserved for,a periodofatleast 

# ',\ five (5) years from the date'of the records or' the date of the entries' ' i j appearing in the records, unless the department in writing, authorized

.their destruction or disposal at an earlier date. For purposes ofthis act, at any time during usual business hours, the department or duly authorized agents or employees, may enter any place of business of the owner or operator of a hazardous waste facility or site where hazardous wastes are disposed and inspect the premises, the records required to be kept under this chapter, and the hazardous wastes. or other chemicals contained therein, to determine whether or not all the provisions ofsections 39-4427 and 39-4428, Idaho Code, are being fully complied with. Trade secret informationobtainedby thedepartmentundertheprovisions ofthissection shall be treated in the same manner as such information obtained under section 39-4411, Idaho Code. If the department, or any of its authorized agents or employees is unreasonably denied free access or is unreasonably hindered or interfered with in making the examination of a hazardous waste facility or site, that hindrance or interference shall constitute grounds for suspension or revocation of the facility or site's permit by the director of the department of health and welfare under subsection (b) of section 39-4413, Idaho Code. [I.C., § 39-4429, as added by 1984, ch. 205, § 7, p. 502.]

. l .,

I39-4432

ani '. 

## . . . .., . - .**~'~** \

. ."



## .**~,**

319 HAZARDOUS WASTE MANAGEMENT

3 -4431. Collection and enforcement. - (1) The collection enfor ment procedures available to the Idaho state tax commissicn .•..

# I~.:.~ 'S provide by the Idaho income tax act, sections 63-3030A, 63-3038, 63- 039, 63-3040, 3-3042 through 63-3045A, 63-3047 through 63-3065A, 6 ·3068, 

# 1 i§ 63-3070, 6 3071, 63-3072, 63-3073 and 63-3078, Idaho Code, as ey now 

# ·f i exist or as th may subsequentlybe amended, shall apply andb available to the depart ent of health and welfare for the enforce ent of the hazardous waste isposal fee and for the assessment and c ection of any
l": •

39-4432. Distribution of' azardous w te disposal fee revenues. - The revenues received f om the fees impos d by this chapter and any penalties, interest, or de ciency additions, shal e paid over to the state treasurerby the depart entto be distributed as fo ws: (1) An amount of oney to maintain the hazard s waste disposal fee refund account, w ich is hereby created, and fro which all refunds authorized to be id by this act shall be paid, at a mon ly balance often thousand dolla ($10,000) or at such greater sum as in t e opinion ofthe' department ay be needed to meet reasonable requireme s imposed on the

### haz~ados waste disposal fee refund account. (2) The alance remaining with the state treasurer after de ucting the amount in (1) above, shall be remitted periodically but no less quently

### that:~arterlY' to the hazardous waste training, emergency and onitoring ccount created in section 39-4417B, Idaho Code. [I.C., § 39-44 ,as 

# 1 ed by 1984, ch. 205, § 10, p. 502.]

.
/ Compiler's notes. Section 11 of S.L, 1984, Sec. to sec. ref. This section is referred ch. 205 is compiled as § 67·2929. in § 39.4417B.

Section 14 of S.L. 1984, ch. 205 declared an \. emergency. Approved April 3, 1984,

. amounts due the under. -Said sections shall, for the aforementioned purposes, be conside ed part of this act and wherever lens or any other proceedings are defin as income tax liens or pro eedings, they shall, when applied in enforce ent or collection under t s act, be described as hazardous waste disposal ie

### liens andproceeding

. • (2) The department of ealth and welfar may be made a party defendant in any action at la or in equity**b~** any person aggrievedby the unlawful seizure or sale of his roperty, in any suit for refund or to
recover an overpayment, but only he stat ofIdaho shallbe responsible for any finaljudgment secured agains th department ofhealth and welfare and saidjudgment shall be paid or tisfied out of the hazardous waste disposal fee refund account. [I.C., § 31, as addedby 1984, ch. 205, § 9, p.502.]

### l.-. 

# 1991 c...
I

j 

# CUMULATIVE 

# • POCKET SUPPLEMENT

IDAHO'CO.DE

Compiled Under the Supervision ofthe Idaho Code Commission

PHILLIP M. BARBER B. NEWAL SQUYRES, JR.	 M. ALLYN DINGEL, JR. COMMISSIONERS

MAX M. SHEILS, JR. EXECUTIVE SECRETARY 

# • VOLUME 7A 

# REPUBLISHED SEPTEMBER, 1991

For your convenience inreporting any errors in these supplementsorsuggestedimprovementsoradditionsyouwill find postpaid cards in the back of the 1991 Replacement Index Volumes.



### Place this supplement in the pocket ofthe corresponding volume ofthe set 

# ! 1 

# } COPYRIGHT© 

## 1986, 1987, 1988, 1989, 1990, 1991 

# I I 

### All Rights Reserved

;j 

# • By 

# f THE MICHIE COMPANY LawPublishers 

# 1 CHARLOTTESVILLE, VIRGINIA

i

# c PUBLISHER'S NOTE \



### Amendments to laws and new laws enacted since the publication ofthe bound volume down to and includingthe 1991 regular session are compiled in this supplement and will be found under their appropriate section numbers. The supplement contains annotations for the Idaho Code based on decisions ofthe state and federal courts. The annotations are derived from the following sources: Pacific Reporter 2nd Series through Volume 804, p. 688. Federal Supplement through Volume 754, p. 891. Federal Reporter 2nd Series through Volume 924, p. 1067. United States Supreme Court Reports, Lawyers' Edition, 2nd Series through Volume 112, p. 865. Bankruptcy Reporter through Volume 123, p. 466. Opinions of Attorney General 1983-1 through 1990-8. Section numbers printed in black face type either refer to sections ofthe original volume or to new acts not included therein

.. Title and chapter analyses, in these supplements, carry only laws that have been amended or new laws. Old sections that have nothingbut annotations are not included in the analyses. Followingis an explanation ofthe abbreviations ofthe CourtRules used

# C", 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

·ALWAYS CONSULT THE LATEST SUPPLEMENT IN CONNECTION WITH THE PERMANENT VOLUME.,



# ADJOURNMENT DATES OF SESSIONS OF LEGISLATURE • 

# •

f i


# • ,

I < 

# i

; i 

# •

I


# • Year Adjournment Date 1986 .March 28, 1986 1987 April 1, 1987 1988 March 31,1988 1989 March 29, 1989 1990 March 30,1990 1991 March 30, 1991

1 

## t

, 1 J ; 

### , I -\



## 1 \

111·-";" 

# ..



# ..**-~**

.. 

## t·

·t



# .-.**~.'.** --=-:­ (r •. ­ 

### '.­**;--:~** 

### c: .; 

## .. - ­

....

### -. i'

• >..**~.- ~_.** 

-t.:-­



### ...... -to.



### .....

.-P.**~:** 

### ...**~:.** HAZARDOUS WASTE MANAGEMENT 

### 39-4403

CHAPTER 44 \ HAZARDOUS WASTE MANAGEMENT 

### 157

SECTION. SECTION. 

# o
39-4403. Definitions, 39-4412. Inspections

- Right of entry [Ef­**39~4404.** Consistency with federal law. fective July 1, 1993]. 39-4405. Rules and regulations in general. 39-4413. Enforcement procedures. 39-4408. Unauthorized treatment, storage, 39-4417A. [Reserved.] release, use or disposal ofhaz­ 39-4417B. Hazardous waste training, emerardous waste prohibited. gency and monitoring ac39-4409. Permit requirements for hazard­ count. ous waste treatment, storage, 39-4423. Disposal of restricted hazardous or disposal facilities. wastes prohibited. 39-4410. Transportation of hazardous 39-4424. Disposal of manifested waste. waste. 39-4425. [Reserved.] 39-4411. Records

- Reporting

- Monitor39-4426. Appointment of health inspectors

. ing [Effective until -Iuly 1, 39-4432. Distribution of hazardous waste 1993]. .­ disposal fee revenues. 39-4411. Records

- Reporting

- Monitor­

.. ing [Effective.July 1, 1993],

. 

### '"'394461. ShUI

### t ·title.

-Sec. to·sec:-rer.-Tlris chapter is referred te Cited-im-State'V, Hanna Mining Co., 699 in §§ 39-'1114 and 49 2286 . F. Supp. 8:21 (D. Id.:i.hg 19S 7)


### 39-4403. 

### Definitions. - As used in this chapter: (1) "Board" means the Idaho board of health and welfare. (2)ttCommetcial hazardous waste facilityor site" means any hazardous 

# C

waste facility whose primarybusiness is the treatment, storage or disposal, for a fee or other consideration, of hazardous waste generated ofIsite 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 envi­ ronmentor be emittedinto the air or discharged into any waters, including ground waters. (6) "Generator"means anyperson, who by virtue ofownership, manage­ ment, or control, is responsible for causing or allowing to be caused the creation of a hazardous waste. (7) "Hazardouswaste"means a waste or combination ofwastesof a solid, liquid, semisolid, or contained gaseousform 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 improperly treated, stored, disposed of, or managed. Such wastes include, 

# 0
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 do­

# c. 39-4403 HEALTH AND SAI<-.c.

## rv

## 158;~ mestic sewage, or solid or dissolved materials in irrigation return flows:
or industrialdischarges which arepoint sources subjectto nationalpollu-''; 

# •

• tion discharge elimination system permits under the Federal Water Pol-

. lution Control Act, as amended, 33 U.S.C., Section 1251 et seq., or source,**~,** 

### special nuclear, or by-product material as defined by the Atomic Energy --J 

### Act of 1954, as amended, 42 U.S.C., Section 2011 et seq._ :. (8) "Hazardous waste management" means the systematic control ofthe

.. collection, source separation, storage, treatment, transportation, process- :: ing, and disposal of hazardous wastes. .- _.

.(9) "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. (10) "Injection" means the subsurface emplacement of free liquids.**-~~":".** 

### (11) "Manifest" means a form used for identifyingthe quantity, composition, origin, routing, waste identificationcoders), 

### anddestinationofhazardous waste during any transportation from the point of generation to the point of treatment, storage or disposal. (12) "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. (13) "Person" means any individual, association, partnership, firm, joint stock company, trust, estate, political subdivision, public or private corpo-- ,­ ration, stateor federal governmental department, agency, or instrumentality, or any other legal entity which is recognized by law as the subject of rights and duties. (14) ((RCRA" means the Resource Conservation and Recovery Act of 1976 as amended in 1978, 1980 and 1984. (15) "Restricted hazardous waste" means either of the following: (a) Anyhazardous waste which contains anyofthefollowing substances, in the following concentrations, as determined without considering any dilution which may occur, unless the dilution is a normal part of the manufacturing process: _ (i) 

### Liquid hazardous wastes containing free cyanides or sulfides at concentrationsgreaterthan, or equal to, onethousand (1,000) partsper million. (ii) 

### Liquid hazardous wastes containing any ofthe following metals or elements, or compounds ofthese metals or elements, at concentrations greater than, or equal to, any of the following: Arsenic 500 parts per million Cadmium 100 partspermillion Chromium (VI) ;....................... 500 partspermillion 

# • Lead. .................................................... 500 parts per million Mercury 20 parts per million Nickel 134 parts permillion Selenium 100 partsper million Thallium 130 parts per million

### 159 HAZARDOUS WASTE MANAGEMEN'f 

### 39-4404
(iii) Liquidhazardouswasteshavinga pHlessthanorequalto two (2). (iv) Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than, or equal to fifty (50) parts per million. (v) Hazardous wastes containing halogenated organic compounds in 

# o
total concentration greater than, or equal to, one thousand (1,000)

i

. 

### milligrams per kilogram. (b) A hazardous waste may be classified as a restricted hazardous waste by theadoptionofrules andregulationsby theboard,takinginto account thehazardouswastesbannedfrom landdisposalby theU.S. environmental protection agency. (16) "Storage" means the containment ofhazardous wastes, on a temporary 

### basis or for a period of years, in such a manner as not to constitute disposal of such hazardous wastes. (17) "Transportation"means themovementofanyhazardouswasteto or from a hazardous waste facility or site. (18) "Transporter" means any person who transports a hazardous waste to or from a hazardous waste facility or site. (19) "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 asto render such waste nonhazardous or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage or reduced in volume. Such term includes any activity or processing designed to change the physical 

# c

form or chemical composition ofhazardous waste so as to render itnonhazardous.

. (20) "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.]

Compiler's notes. Section 2 of S.L. '1986, Section 2 of S.L. 1989, ch. 253 is compiled ch. 148 is compiled as § 39-4405. as § 39-4424.

Section 2 of S.L. 1986, ch. 324 is compiled Sec. to sec. ref. This section is referred to as § 39-4423. in § 39-4423.


### 39-4404. Consistency with 

### federal law.

- The legislature intends thatthe stateofIdaho enact and carry out a hazardous wasteprogramthat will enablethe state to assume primacy over hazardous waste control from the federal government. The legislature finds that the RCRA, as amended, 42 U.S.C., Section 6901 et seq., and 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 conve­ 

# 0 niently or advantageously set forth in this chapter all the requirements of all ofthe regulations which have been or will be established underRCRA. However, by the provisions ofthis chapter, the legislature desires to avoid

# •

• ,

# ... 39-4405 HEALTH AND SAFh.. '{

. 

### the existence of duplicative, overlapping or conflicting state and federal 't. 

### regulatory systems. :.. Therefore, the board is directed to promulgate rules and**regulations>~** 

### which are in substance consistent with RCRA and the federal**regulatio~;'~** 

### adopted by the administrator of the United States environmental protee, 

## 'if tion agency to implement RCRA. Until such time as the board has

### promul~~'~ gated rules and regulations concerning mining and mineral wastes and**:~** 

### materials under study by the administrator, those wastes and materialsj shall not be considered or defined as hazardous wastes under this chapter;

# :r provided, however, that spentpotliners from primary aluminum reduction,i
or environmental protection agency hazardous waste number K088, shall**~:** 

### be defined as hazardous waste. Farmers and ranchers who treat, store,**or:~** 

### dispose of waste pesticides from their operations on lands owned or**con~:';~** 

### trolled by them shall not be' required by board rules or regulations to**do'~;;** 

### anythingmorethanfollow the instructions on thepesticide label and triple rinse empty containers in accordance with the RCRA regulations of the

­ environmental protection agency. The board may not promulgate any rule
or regulation that would impose conditions or requirements more stringent
or broader in scope than RCRA and the RCRA regulations of the environ;.''/. mentalprotection agency. Theboard may, however, promulgate procedural .' rules and regulations and rules and regulations specifically authorized by'.': this chapter or other state statutes without showing that those rules and _= 

### regulations are required by RCRA or the regulations ofthe environmental protection agency; provided that those rules and regulations shall not con- . " flict withthis section, other sectionsofthis chapter,RCRA, or therules and. regulations ofthe environmental protection agency. Any rule or regulation promulgated by the board shall be valid until it is repealed or modified through the administrative process of section 67-5201, Idaho Code, et seq. [I.C., § 

### 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; am. 1988, ch. 259, § 

### 1, p: 498.]

Compiler's notes. This section was amended by two 1988 acts which appearto be compatible and have been compiled together. The amendment by ch. 6 deleted the second and third sentences ofthe third paragraph as they appear in the bound volume. The amendment by ch. 259, in the first sentence of the third paragraph, inserted "RCRA and the"; and in the sixth sentence of the third paragraph, inserted "RCRA and." Section 2 of S.L. 1986, ch. 182, declared an emergency. Approved April I, 1986.

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



### 39-4405. Rules 

### andregulations in 

### general.

- Pursuantto the procedures established by the Idaho administrative procedures act, chapter 52,**~;::~.** 

### title 67, Idaho Code, theboard shall adopt suchrules andregulations as are**.~.:~.** 

### necessary and feasible for the management of the generation, collection, ._:, transportation, treatment, storage, anddisposal ofhazardous wastes within 

# • the state. The board shall also adopt such rules and regulations as neces-**_:~.** 

### sary to regulate

### persons who produce, burn, distribute, and market fuel containinghazardous waste. The rules and regulationspromulgated by 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:

### 161 HAZARDOUS WASTE MANAGEMENT 

### 39-4408
(1) Criteria for the determination of whether any waste or combination of wastes is hazardous for the purposes of this chapter; 

# C\

J 

### (2) Rules and regulations for those who generate, transport, treat, store, .:» 

### or dispose of hazardous wastes; (3) Rules and regulations, consistent with those issued by the United States environmental protection agency and the United States department oftransportation, for containerization, labeling and manifesting ofhazard­
ous wastes; (4) Rules and regulations specifying the terms and conditions under which the department shall issue, modify, suspend, revoke, or deny such permits as shall be required by this chapter; (5) Lists ofthosewastes or combinations ofwastes which arenotcompat­ ible and which may not be stored or disposed of together; (6) Procedures and requirements for the reporting of the generation, transportation, treatment, storage or disposal of hazardous wastes; (7) Rules and regulations establishing standards and procedures for the training of personnel at generation sites and at hazardous waste facilities and sites; (8) Release detection,preventionandcorrectionregulations applicableto all owners and operators of underground storage tanks, as may be neces­ 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.] 

# c

Compiler'snotes. Sections 1 and 3 of S.L. 1986, ch. 148 are compiled as §§ 39-4403 and 39-4408.


### 39-4408. Unauthorizedtreatment, storage,release,use ordisposal 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,unlessthe department has issued said person a permit or a variance as required for the specific

.activity involved or exempted the activity from permit requirements. (2) Effective six (6) months after the effective date [July 1, 1986] 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: (a) The only reasonable alternative is placement in a landfill or unlined surface impoundment which contains or may contain hazardous waste; and (b) Placementin theowneroroperator'slandfillwill notpresenta riskof contamination of any existing or potential underground source ofdrink- 

# 0 ing water. (3) Waste or used oil orother 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.... 

# •

• t:. 39-4409 HEALTH AND SAFET 

### (4) The board shall have authority to 

### prohibit: (a) Land disposal of any hazardous waste; and ." (b) Storage ofanyhazardous waste prohibited from land disposal,**unless{:':~:** 

### such storage is solely for thepurpose ofthe accumulation ofsuch quanti-**:;:>f~** 

### ties of hazardous waste as are necessary to facilitate proper recovery,**::~;** 

### treatment or disposal. 

# rr.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) or Section 2 of S.L. 1986, ch. 148 is compiled -, RCRA referred to in this section is compiled as § 39-4405.

. . as 42 U.S.C., § 6925(c).

. ., .•..**~:l:** 

### 39·4409. 

### Permit requirements for hazardous waste treatment,:LL

• .••**..,.'J.\~** 

### storage, or disposal facilities.

- (1) 

### No person shall construct,**operate,":::~1;** 

### or. modify a haz.ardous waste treatment, storage, or disposal facility

## or.s~te·?l WIthout a permitfrom thedepartment.Theowneror operatorofthefacIhtY'Jf,
or siteratherthanthebuildershallbe responsible for obtainingthepermit. '::::'J 

### Permits may contain such conditions necessary to protect human health**.",.~.** 

### arid environment. The boardmay exemptclasses or categories ofhazardous',**:':~l** 

### wastetreatment, storage, or disposal facilities from thepermit**requirement",'<~l** 

### if the exemption is in the public interest and consistent with ReRA re-..

# :.:;:i.1 quirements. The fact that a class or category of such facilities is not re- :,;.: quired to obtain a federal permit shall be persuasive evidence that**an':::~:** 

### exemption is in the public interest.

.**.,~~** i 

### (2) Interim status granted by RCRA 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**,,~**



### ."k 

### permit until the department issues a new state permit. The board may "''2:



### . adopt such rules and regulations as necessary**to:.::~** 

### (a) Allow other facilities to qualify for interim status;j (b) Require existing interim status surface impoundments, new units,

..**~.~** 

### replacement ofexisting units and lateral expansions of existing interim

. 

# }:i
status facilities to comply with all regulations which apply to new facili- ...• ties; and

.**:~~** .;:iII 

### (c) Provide for the termination of interim status.·:1 (3) The board shall promulgate rules and regulations establishing the··." :-i: 

### terms and conditions for issuing permits to the described facilities and**.~4** 

### sites. The' rules and regulations shall provide for, but not be limited to:**;;~** 

### (a) Standards and procedures for the safe operation and maintenance of:'; the facilities and sites;-:.t (b) 

### Education and training qualifications of personnel at the facilities .,:"i 

### and sites;

# '.~~ (c) Contractual commitment or consent to each facility or site from all**_~;** 

# • holders ofinterestsin thereal property committed to that facility or site;**.~** 

### (d) Monetary assurances in such form and amount as are necessary for effective management, maintenance, and monitoringofthe facilities and sites during and after operation;

.

# c •
163 HAZARDOUS WASTE MANAGEMENT 

### 39-4409
(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 com- 

# 0
pensatefor potentialdamagescausedby the facilities and sites; provided, that liability insurance shall not be required in the event that liability insurance is notrequired by the federal regulations adopted pursuantto 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 exceed ten (10) years or the maximum period allowed under RCRA, whichever is greater. However, permits may be reviewed at least every five (5) years and modified as necessary to take into account changes in this chapter or regulations promulgatedpursuantto itandimprovementsintechnology. Permitsissuedto hazardouswaste facilities and sitesby the departmentpriorto the effective date ofthis chapter shallbe reissuedto conform with the provisions ofthis chapter and the rules and regulations promulgated under this chapter. (5) Any permit issued after the effective date ofthis provision shall require corrective action to be taken on-site and off-site for all releases-of hazardouswaste or constituents, from any solid waste managementunit at thetreatment, storage, or disposal facility seekingthepermit, regardless of

# C
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 permitissuedunder this section maybe revoked by the director pursuantto 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 of the rules andregulationspromulgatedunderthis section, if, inthejudgmentof the director, application of the requirements would cause unreasonable hardship andthe grantingofa variancewould notbe harmful to the public interest or inconsistent with RCRA requirements. A variance shall not exceed one (1) yearin duration and may be renewed or extended only after the department provides public notice and an opportunity for public comment. (8) (a) The director of the department may issue a research, developmentand demonstrationpermitfor any hazardouswastetreatmenttechnology or process for whichpermitstandardsfor suchexperimental activityhavenotbeenpromulgated. Any suchpermitshallinclude suchterms

.{
. 

### 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

# C operation of the facility for not longer than one (1) 

### year (unless re- _ newed as provided below); and

### 164**"~** .J " 

### 39-4410 HEALTH AND SAFET'l



### 2. Provide for the receipt and treatment by the facility of only those ,­ types and quantities ofhazardous waste which the director deems nec-"' 

# •

• essary for purposes ofdetermining the efficiency and performance**ca-i;~** 

### pabilities ofthe technology or process and the effects of such technol- "": ogy or process on human health and the environment; and 3. Include such requirements as the director deems necessary to protect human health and the environment (including, but not limited to, requirements regarding monitoring, operation, insurance or bonding," ' financial responsibility, closure, and remedial action); and 4. Include such requirements as the director deems necessary regardingtesting and providing ofinformation to the director with respect to the operation of the facility. (b) 

### The director may apply the criteria set forth in paragraph (a) ofthis subsection in establishingthe conditions ofeachpermit without separate establishment of regulations implementing such criteria. (c) For the purpose of expediting review and issuance of permits under this subsection, the director may, consistent with the protection of human health and the environment, modify or waive permit application and permitissuance requirements established inthe general permit regulations except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or ofapplicable public participation procedures. (d) The director may renew a research, development and demonstration permit which has been issued pursuant to this subsection. The renewal term shall be no longer than one (1) 

### year. A permit shall not be renewed
more than three (3) times. [I.C., § 

### 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 ap­ amendedby two 1988 actswhich appearto be peared in the law as enacted. compatible and have been compiled together. Section 5 of S.L. 1986, ch. 148 is compiled The amendmentby ch. 7, in the first sentence as § 39-4411. ofsubsection (5),inserted "issued"; and added Sections 1 and 3 of S.L. 1988, ch. 259"are subdivision (8)(d). The amendment by ch. compiled as §§ 39·4404 and 39-4413, respec­ 259, in subdivision (2)(b), inserted "existing tively. interim status surface impoundments"; and Sec. to sec. ref. This section is referred to in the first sentence of subsection (5), in­ in § 39-4413. serted "issued."



### 39-4410. Transportation ofhazardous waste.

-**t:l~rftErl:)()M'd"1!~tt' ~nTTlulgate**  

### hazardous waste transportation rules and regulati trol the

. tate and interstate transportation of rally regulated types and quantitIe ardous waste. The and regulations shall be consistent with the rules an lati ssued by the United States departmentoftransportation an m tes environmentalprotection 

# • agency. The rules an ations shall also be . tent with the rules andregulatio e Idaho publicutilities commission un ch consistency impairtheprimacyor the effectiveness ofthe state'shazarde

__ management program. In that case the board shall confer with the**,~** 

### 165 HAZARDOUS WASTE**MANAGEhl~NT** 

### 39-4410

mission and endeavor to develop mutually acceptable transpo on -, rules regulations. Ifmutually acceptable rules and regulati s cannot be develope, e board shall promulgate transportation es and regula-

# C'
tions that minirrii conflict with the commission's es and regulations while assuring the prim authority and effe . eness of the state's hazardous waste managementpro m. Rul ndregulations so promulgated by the board shall prevail over co ting rules and regulations of the commission. (2) Thehazardouswa ransportationrules a egulations shall apply to all transporters ederally regulated types and qua

. ies ofhazardous waste gener eitherby themselves or by others. These ru nd regulations s apply to any movement of a regulated quantity of ha ous w es to or from a hazardous waste facility or site.

-----­ (3) The hazardous waste transportation rules and regulations shall provide for but not be limited to: (a) Standards for the containerization and labeling ofhazardous wastes; (b) Standards for the handling and placarding ofhazardous waste shipments; (c) A hazardous waste tracking system requiring that: (i) All transporters offederally regulated types and quantities of hazardous waste obtain an identification number from the department, the environmental protection agency, or another approved state program, before accepting hazardous waste for transport; (ii) 

### All shipments of federally regulated types and quantities of haz-

# C
ardouswasteto be shipped offsite or receivedfrom offsitebe accompanied by a manifest or similar form describing the hazardous waste being shipped and its destination; (iii) A copy ofeachmanifest or similarform be returnedto the generator and/or originator of the shipment and a copy be retained by the transporter for a minimum of three (3) years. Ml The hazardous waste transportation rules and regulations may vide fo ecial routing of hazardous waste shipments in this stat hen necessary t otect the public health, the public safety, or . environment. (5) No commercia zardous waste disposal facili or site permitted under section 39-4409, I Code, shall recei regulated quantities of hazardous waste as defined by eral law m a motor vehicle or trailer unless the hazardous waste is acco .ed by a.proper manifest and the transporter has obtained a specia ernri from the Idaho transportation department as provided in s Ion 49-433, 0 

### Code. If an improperly documented shipment of rdous waste arrives a permitted commercial hazardous wast cility or site, the owner or opera ofthe facility or site shall immedi ely notify the Idaho transportation dep ent and the Idaho dep ent of law enforcement. [I.C., § 

### 39-4410, as adde ch.15, 1,p.416;am. 1984,ch. 205, § 

### 2,p.502;am. 1986,ch.231, 6 , am. 1988, ch. 265, § 

### 568, p. 549.]

.

### 166 

# , ......**.tj.~** 0' 

### 39-4411 HEALTH AND SAFETY
Compiler's notes. Section 2 of S.L. 1986, chasing a vehicle registration on and after 

### '. 

# •

• ch. 231 is compiled as § 39-4417B. July 1, 1986, to acquire a vehicle registration Sections 567 and 569 of S.L. 1988, ch. 265 endorsement prior to January 1, 1987, and are compiled as §§ 36-1301 and 39-4426. any receipts therefrom shall be placed in the

Section 5 of S.L. 1986, ch. 231, read: "An Hazardous Material/HazardousWaste Transemergency existing therefor, which emer­ portation Enforcement Account which is cregency is hereby declared to exist, Section ated in section 49-2507, Idaho Code, which is 49-2512, Idaho Code, which is enactedby Sec­ enacted by Section 4, ofthis act and Section tion 4 of this act shall be in full force and 49-2507, Idaho Code,whichis enacted by Sec­ effect on and afterthis act's passage and ap­ tion 4 of this act shall be in full force and proval. The remaining provisions of this act effect on and after July 1, 1986. Approved shall be in full force and effect on and after April 3, 1986." January 1, 1987; provided, however, that the Section 586 of S.L. 1987, ch. 265 provided Idaho Transportation Board and Idaho that the act should become effective on and Transportation Department shall be authoafter January 1, 1989. rized to permit any person renewing or pur

### 39-4411. Records

- Reporting

- Monitoring [Effective until July 

### 1, 1993]. - (1) Pursuant to the provisions of section 39-4405, Idaho Code, the board shall adopt, and amend as necessary, such rules and regulations relatingto records, reporting, and monitoring as maybe needed to achieve the purposes of this chapter. These rules may include, but shall not be limited to, prescribing procedures and requirements for: (a) The establishment, maintenance, and format of records and reports; (b) 

### The submittal of records and reports; (c) The taking of samples and the performing of tests and of analyses; (d) The use of approved monitoring methods and techniques; (e) The installation, calibration, use, and maintenance of monitoring equipment; and 

## (0 The provision of relevant information to the department. (2) Sixty (60) days after promulgation of the criteria and lists specified under section 39-4407, Idaho Code, and the rules and regulations required under section 39-4405, Idaho Code, and subsection (1) of this section, the generation, transportation, treatment, storage, or disposal of a hazardous waste in this state by any person without reporting such activity to the departmentas requiredby theregulationsissuedpursuantto subsection (1) of this section shall be unlawful. (3) Information obtainedbythe department or by agents, contractors, or otherrepresentatives ofthe department, under any provisions ofthis chapter, shall be available to the public, unless the director certifies such informationmustbe keptconfidential. Thedirectormaymake such certification upon a showing, to the satisfaction ofthe director, that the information, or parts thereof, ifmade public, would divulge methods, processes, or activities constituting trade secrets. Nothing in this subsection shall be construed as limiting the disclosure of information by the department to any officer, employee, or authorized representative of the state or the United States, as necessary to carry outthe provisions ofthis chapter or the provi­ 

# • sions of RCRA. The provisions of this section shall not limit the department's authority to release confidential information during an emergency involving hazardous waste, if the director determines that release of the information is necessary to safeguard the public interest.

### 167



# c I·

, , 

## t. HAZARDOUS WASTE MANAGL.iENT 

### 39-4411
(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 quantities of hazardous wastes generated; (b) The types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal; (c) The types and quantities of such wastes remaining in storage at the end of the reporting period; (d) Whether such wastes are destined for disposal or treatment in this state or whether such wastes are destined for disposal or treatment out­ side this state. (5) The operator of each hazardous waste disposal facility or site in the state shall, no later than thirty (30) days after the end of each calendar quarter, submit a written report to the department providing information
on the types and quantities of wastes received which were generated in Idaho, and information on the types and quantities of wastes received which were generated in other states. (6) Prior to December 31 of each year the department shall submit a report to the governor and the legislature detailing the types and quantities ofhazardouswastes 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 ofhazardouswaste generatedoutside this state and shipped into this statefor storageor disposal. [l.C., § 

### 39-4411, as addedby 1983, ch. 154,

# c § 

### 1, p. 416; am. 1984, ch. 258, § 

### 1, p. 618; am. 1986, ch. 148, § 

### 5, p. 415.]

Compiler's notes. For this section as ef­ Sections 4 and 6 of S.L. 1986, ch. 148 are fective July 1, 1993, see thefollowing section, compiled as §§ 39-4409 and 39-4413. also numbered § 39-4411.


### 39-4411. Records

- Reporting

- Monitoring [Effective July 

### 1, 1993]. - (1) 

### Pursuantto the provisions ofsection 39-4405, Idaho Code, the board shall adopt, and amend as necessary, such rules and regulations relatingto records, reporting, and monitoring as maybe neededto achieve the purposes of this chapter. These rules may include, but shall not be limited to, prescribing procedures and requirements for:

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

### The submittal of records and reports; (c) The taking of samples and the performing of tests and of analyses; (d) The use of approved monitoring methods and techniques; (e) The installation, calibration, use, and maintenance of monitoring equipment; and (f) 

### 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

# 0
under section 39-4405, Idaho Code, and subsection (1) 

### of this section, the generation, transportation, treatment, storage, or disposal ofa hazardous waste in this state by any person without reporting such activity to the

### 168 39-4411 HEALTH AND SAFETY 

# • department as requiredby theregulations issuedpursuantto subsection (1) 

### of this section shall be unlawful. (3) Information obtainedby the department or by agents, contractors,oi·· otherrepresentatives ofthe department, under any provisions ofthis chapter, shall be available to the public, unless the information, or parts thereof, ifmade public, would divulge methods, processes, or activities constituting trade secrets, in which case the information shall be subject to disclosure according to chapter 3, title 9, Idaho Code. Nothing in this subsection shall be construed as limiting the disclosure of information by the department to any officer, employee, or authorized representative of the state or the United States, as necessary to carry out the provisions ofthis chapter or the provisions ofRCRA. The provisions ofthis section shall not limitthe department's authority to release confidential information during
an emergency involving hazardous waste, ifthe director determines that release of the information is necessary to safeguard the public interest. (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 quantities of hazardous wastes generated; (b)' The types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal; 

# • (c) The types and quantities of such wastes remaining in storage at the end of the reporting period; (d) Whether such wastes are destined for disposal or treatment in this state or whether such wastes are destined for disposal or treatment outside this state. (5) The operator of each hazardous waste disposal facility or site in.the state shall, no later than thirty (30) days after the end of each calendar quarter, submit a written report to the department providing information
on the types and quantities of wastes received which were generated in Idaho, and information on the types and quantities of wastes received which were generated in other states. (6) Prior to December 31 of each year the department shall submit a report to the governor and the legislature detailing the types and quantities ofhazardous wastes generatedinthis state, the types and quantities of such wastes shipped for treatment and disposal by landfilling or other
means of disposal, the types and quantities of such wastes remaining in storage at the end of the most recent reporting period and the types and quantities ofhazardous waste generatedoutside this state and shipped into 

# d

.. -. 

### this statefor storageor disposal. [I.C., § 

### 39-4111, as addedby 1975, ch. 180,

.....

# "{**~; '~~**  

### § 

### 2, p. 486; am. 1978, ch. 160, § 

### 1, p. 348; am. 1983, ch. 153, § 

### 8, p. 407;

.Ce..•

. '."j

... ':"'.'! 

### am. 1988, ch. 264, § 

### 16, p. 519; am. 1990, ch. 213, § 

### 43, p. 480.] 

# • . j Compiler's notes. For this section as ef- Section 42 of S.L. 1990, ch. 213 is compiled

..**~.:-** .-::-:--, fective until July 1, 1993, see the preceding as § 39-1393. section, also numbered § 39-4411. I**~.~** 

### 169 HAZARDOUS WASTE MANAGEMENT 

### 39-4412

....



### - 9-4412. Inspections

- Right of entry [Effective July 1, 1993]. 

# -j (1) 11 inspections and searchesconductedunderthe authority ofthis**ch~­** 

### ter s all be performed in conformity with the prohibitions against unr:a- 

# C
sonab searches and seizures contained in the fourth amendment t the constit ion ofthe United States and article I, section 17, of the co stitution ofth state ofIdaho. The state shall not, under the authority granted by this ch ter, conduct warrantless administrative searches f private property in e absence ofeither consent from the property 0 

### er or occupier or exige circumstances such as a public health or e vironmental emergency. (2) For the pu oses of developing or enforcing any ovision of this chapter or any ru or regulation authorized by this apter, any duly authorized state em oyee or representative may, upo resentation of appropriate credentials, at any reasonable time: (a) Enter upon any ivate or public property were hazardous wastes
are or have been gener ted, transported, treate stored, or disposed of to inspect and to secure sa les ofsuch wastes, eir containers, and their labels; (b) 

### Enter into any aircraft, ehicle, vessel, ail car, trailer, van, or other
means ofconveyance whereh zardous wa tes areor havebeen contained to inspect and to secure samp es of su wastes, their containers, and their labels; (c) Enter any private or public pr y, or means ofconveyance, where records, reports, information or te results relating to the generation, 

# 0 transportation, treatment, storag 

# ! , 0 

### disposal ofhazardous wastes exist to inspect and copy such docu ents. (3) Upon request by an autho zed agen of a property owner or facility operator, thedepartmentshall rovide thep opertyowner or facility operator with a receipt for sample takenand a co of sample analysis. Duplicate samples shall similar be provided upo request if the requesting party agrees to have the mples analyzed and share the results ofthe analysis with the**depa~ment.** 

### . . (4) The right**Of~** 

### et of a duly authorized state e ployee or representative shall not be subj ct to the waiver of any potenti 1 

### tort liability ofthe facility owner or op rator. The right of entry of a dul authorized state or health district em, oyee shall notbe subject to any confi entialityrequirements other than those specified in section 39-4411(3), daho Code, and chapter 3, titl(9, Idaho Code. The right of entry of a pri ate contractor working in ajepresentative capacity for the department rna however, be made**sUbj~** 

### to additional confidentiality requirements so 

### 10 g as those requirem ts do not interfere unreasonably with the development of information the department or the transmission of information"from the contra or to the department or the United States

## environmenta~~otec­ tion gency. ( Any magistrate or district courtjudge is authorized to.issue a admi istrative search warrant upon a request from the director**describl~g** 

# o

# J asonable cause for issuance of the warrant or the existence of a reason­ \ \, .....
--,­ .:} 

### 39-4413 HEALTH AND SAFETr 

### 170 1 

## 1**,~'** .,. 

### " 

# • able program ofinspection. [I.C., § 

### 39-4412, 

### as added by 1983, 

### ch. 15 ,§ 

### 1, -:

...**~'** 

### 416; 

### am. 1990, 

### ch. 213, § 

### 44, 

### p. 480.] 

## -s**.,:"~ :~** **.'.~.' ,.~**  C piler's notes. For this section as in amended by § 16 of S.L. 1991, h. 329 pro-**:~** effect ntil July 1, 1993, see the bound vol­ vided that §§ 3 through 45 a 

## a 48 through X
ume. 110 ofthe act should take eff ct July 1, 1993

Section 45 of S.L. 1990, ch. 213 is compiled and that §§ 1,2,46and 47 ould take effect as § 39-5 1. July 1, 1990.

Section 1 of S.L. 1990, ch. 213 as



### 39-4413. 

### nforcement procedures.

- (A) Whene r the director determines that ny person is in violation of any provisi n ofthis chapter or any permit, st ndard, regulation, condition, req rement, compliance agreement or ord issued or promulgatedpursuan to this chapter, one or

.**~.-~** 

### more of the folIo . g actions may be taken: (1) ADMINISTRA IVE ENFORCEMENT A IONS.



# • (a) Notice. The dire tor may commence an dministrative enforcement action by issuing a itten notice of viol ion. The notice of violation shall identify the aIle d violation with pecificity, shall specify each provision of the act, rul regulation, p rmit or order which has been violated, and shall state e amount civil penalty claimed for each violation. The notice of vio tion sha inform the person to whom it is directed of an opportunity to confe with the director or the director's designee in a compliance confe en concerning the alleged violation. A writtenresponse maybe require ithinfifteen (15) 

### days ofreceipt ofthe notice of violation by the pers n to whom it is directed. (b) Scheduling Compliance Co fere ceo Ifa recipient of a notice ofviolation contacts the departmen within ifteen (15) days of the receipt of notice, the recipient shall e entitled 0 

### a compliance conference. The conference shall be held wrthin twenty ( 0) days ofthe date ofreceipt of notice, unless a laterdat is agreeduponb tweentheparties. If

### a compliance conference is not equested, the direc r may proceed with a civil enforcement action a provided in subsectio (3) of this section. (c) Compliance Conference. The compliance co erence shall provide an opportunityfor**t~;/ecipient** 

### of a notice ofviolati to explainthe circumstances of the**a~e_~ed** 

### violation and, where app opriate, to present a proposal for remedying damage caused by the aIle ed violation and for assuring futur/compliance. If 

### the recipient and the

.rector agree'on a plan to remedy damage caused by the alleged violat n and 

### to assure future compliance, they may enter into a consent order rmalizing their agreement?'The consent order may include a provision r payment of any agreed civil penalty.

. 

# • (d)

## Eff~t't of Consent Order. A consent order shall be effect! e immedi-: 

### ately

## 'pon signing by both parties and shall preclude any civ enforcemen action for the same alleged violation. If a party does no comply wi 

### the terms ofthe consent order, the director may seek and ob ain in a y appropriate district court specific performance of the

.consent rder

nd such other relief as authorized in this chapter. (e) Failure to Reach Agreement on Consent Order. If

### the parties cann t reach agreement on a consent order within sixty (60) 

### days after th Ii i

r ­ 

# · i



# ·

.. 

# ·

f :' f : ! . i·


## , 

# ·

.**~L** HAZARDOUS WASTE MANAGEMENT 

### 39-4413 

## 171 ceipt of the notice of violation, or if the recipient does not request
c plianceconferencepursuantto subsection (A)(I)(b) ofthis section, t e di ctor may commence and prosecute a civil enforcement action in is-

# C'
trict court, in accordance with subsection (A)(3) of this section. (2) P MIT SUSPENSION OR REVOCATION PROCEEDING

. (a) Gro nds. The directormayrevoke or temporarily suspendt permit of any h ardous waste facility or site pursuant to the ground provided in subsect n (6) of section 39-4409, Idaho Code. A violatio that is shown to have occurred as the result f an unforeseeable act 0 

### God despite a permitted party's reasonable fforts to comply with all a licable legal requirements shall not b grounds for a suspension or r ocation. (b) Notice ofHea . g. The director shall commence or revocation action y givinga permittedparty a ttennotice ofintent to suspend or revoke. he notice shall inform thep rmittedparty offacts
or conduct which wa nt suspension or revoca on of the permit. The notice, hearing, andreco d requirements for co ested cases contained in the Idaho administrative rocedure act, chapt r 52, title 67, Idaho Code, and subsection (A)(2)(c) of his section shal apply to proceedings initi­ ated under this subsection. evocation or suspension of a permit shall become final fifteen (15) day after deli ery of the notice of intent to revoke or suspend unless the ermittfl party requests a hearing. (c) Administrative Hearing Pro .sio . (i) 

### Upon a timely request by a it holder for a hearing to review

# 0
thedirector's actionundersubsec n (A)(2)(b) ofthis section, thedirector shall promptly conduct a he rin open to the public. The contested
caseprovisions ofthe Idaho a inist tiveprocedure act shall apply to all hearings conducted und r this su section.

_ (ii) 

### The director shall hav the authori to request from the district court in and for Ada cou y or any other propriate district court the issuance of an order in e nature of a sub ena compelling the attendance and testimony 0 

### witnesses and the pr duction before the director ofpapers, books, awings, documents, tes results, and other evidence relevant**~o** 

### permit suspension or revo tion investigation or adjudication. (iii) 

### After the haring, the director shall issue a ting forth find,i gs of fact, conclusions of law and n order. An ag­

.grieved**pers~** 

### subject to the director's order may see its review as a final order in a district court as provided by the Idaho dministrative procedure

### /~ct. District court review of the director's dec' ion shall be limited

# jO the record developed before the director. (3) CIVIl; ENFORCEMENT ACTION. The attorney general ay commence**~d** 

### prosecute in district court a civil enforcement act n. Civil enforcement actions shall be commenced and prosecuted in the

.strict cou in and for the county in which the alleged violation occurre and

# 0
rna be brought against any person who is alleged to have violate any

. p vision of this chapter or any rule; regulation, permit, condition, euirement, consent order, or order which has become effective pursua t

### 172 

# •

•

.' 39-4417A HEALTH AND SAFETY


### \,"\,,,to this chapter. Such action may be brought to compel compliance wjth anyprovision ofthis chapteror with any rule, regulation, permitor order pr'i> ulgated hereunder, and for any reliefor remedies

## author~·zed in 

### this chap r. The director shall not be required to initiate or pro cute an admini rative action before the attorney general may COryl 

### ence and prosecute civil enforcement action. In addition, the' attorney general may delega this authority regarding civil enforceme9i actions to the pr?secutingat ey ofthe county where a**civil~nfor** 

### ment**ac~ion** 

### may arIse. ,. , (B) ACTIONS AG ST GUARANTORS. Ifthe er or operatoris in bankruptcy, reorganizati n or other arrangemen pursuant to the federal bankruptcycode, or where isdiction cannotb obtainedoveranowneror operator likely to be solven t the time of udgment, an action may be broughtdirectly against a guar torof fin cial responsibilityby the state
or any injuredparty for any claim risi from conduct for which guarantees offinancialresponsibility have n made, The'guarantormay invoke' .'. all rights and defenses.which woul 

# ,n ve been. available .to the owner or

. -. -.op·era.:tbr alia allrights"'and defe es no:·'IlY'·available-t6""ihe'·guatantor

.....,:,' '(C) LIMITATION OF ACTI FOR A INISTRATIVE AND CIVIL COURT PROCEEDINGS

## B~OUGHT UND THE PROVISIONS OF THIS CHAPTER. No civil r administrative proc edingmay be brought to
recover for a violation 0 

### his chapter or any perrm standard, regulation, condition, requireme or order issued or promulga d pursuant to this chaptermore than 0 

### (2) years after the director had owledge or ought reasonably to ha e had knowledge of the violation. [1. . 

### § 

### 39-4413, as addedby 1983, . 154, § 

### 1, p. 416; am. 1986, ch. 148, § 

### 6, p. 5; am. 1988, ch. 259, § 

### 3 p. 498; am. 1989, ch. 38, § 

### 1, p. 49.]

Compil s notes. The federal bankruptcy Section 2 of SoL. 1988, ch. 259 is mpiled code refe ed to in subsection (B) of this sec­ as § 39-4409. tion is ompiled as 11 U.S.C., § 101 et seq.

S ion 5 of S.L. 1986, ch. 148 is compiled
as 39-4411.



### 3 - 17B. Hazardous waste training, emergency and 

### monitoring account. I)Thereis herebycreated an 

### account inthe dedicatedfund in the state treas to be designated the hazardous waste-training.remergency and monitorin ccount. //'/ (2) The account shall c ist of: ./ (a) Moneys appropriated to .account· -: (b) 

### Moneys as provided in section - 432, Idaho Code; (c) Donations, gifts and grants om a source; and (d) Any other moneys whi may hereafter provided by law. (3) Moneys in the ace t may be appropriated any or all of the following purposes: ' (a) Acquisitio property and equipment by the departmen health and welfa to analyze, monitor, contain, collect

### or dispose of haza wast..... 

### 173 HAZARDOUS WASTE MANAGEMENT 

### 39-4423 

## (B mployment of or contracting with necessary personnel to analyze 

# G
monito , contain, collect or dispose of hazardous wastes; or (c) Emplo t of individuals or contracting with individuals corpo­ rations to respo throughout the state to health and ironmental problemswhichmay ausedbyhazardouswaste emergencies or spills, improperly packaged or 

# n led hazardous waste-or the alleviation of damages to the people and en nment of)bestate of Idaho caused by

. such emergencies or spills.

(d) Taking removal or remedial on lating to hazardous wastes which the department deems essary to pre t, minimize or mitigate damage to the public he and welfare or t nvironment

..[LC., § 

### 39-4417B, as added 1984, ch. ?05, § 

### 3, p. 502; am. p. 

### 627.]

"" Compiler' • otes, Sections 1 and 3 ofS.L." 1986, ch 1 are compiled as §§ 39-4410 and 39-4 ,respectively.



### -:

39-4423. Disposalofrestrictedhazardous wastesprohibited.- (1) Notwithstandinganyotherprovisionoflawto 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 

# o water at a commercial hazardous waste facility or site. (2) The department may issue a variance from the requirements of subsection (1) 

### ofthis section, if, in thejudgment ofthe director, application of the requirements would cause undue hardship and the granting of the variance would not be harmful to the public interest or inconsistent with RCRA requirements. In issuing the variance, the director shall take 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) "The board shall promulgate rules and regulations specifying those levels or methods oftreatment, ifany, which substantially dimin­ "ish" the toxicity ofthe waste or substantially reduce the likelihood of
.:migration of hazardous constituents from the waste so that short-term

and long-term threats to human health and the environment are mini­ mized. (b) Ifsuch restricted hazardous waste hasbeentreated"to the level or by
a method specified in regulations promulgated under this subsection, such waste or residue thereof shall not be subject to the prohibition in subsection (1) 

### of this section and may be disposed of in a land disposal 

# o
facility which meets therequirements ofthis chapter. [LG., § 

### 39-4423, as added by 1986, ch. 324, § 

### 2, p. 794.] 

# J

### I 

# •

• \

, I 

### 174 

# \ 39-4424 HEALTH AND SAFETY

; Compiler's notes. Section 1 of S.L. 1986,**-~** ch. 324 is compiled as § 39-4403.



### 39-4424. Disposal ofmanifested waste.

- Manifested waste, as that term is defined in section 39-4403, Idaho Code, shall only be treated, stored
or disposed of in this state at a permitted hazardous waste treatment, storage or disposal facility unless the burning of such manifested waste to produce heat is otherwise lawful. [I.C., § 

### 39-4424, as added by 1989, ch. 253, § 

### 2, 

## n. 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.]

9-4426. Appointmentofhealthinspectors.- (1) The department
/ 

### hea and welfare shall assign a sufficient number of employees nd equip nt to inspect hazardous waste facilities or sites permitted nder section 3 -4409, Idaho Code, and locatedinIdaho where disposal 0 

### azardous waste curs for the purpose of assuring the protection of e health and safety of e public by monitoring the receipt and handli g ofhazardouswastes whi have been transported by common ca ier

. (2) The employ ofthe department ofhealth and we are designated,in subsection (1) 

### of thi ection shall be agents of the aho transportation departmentandthepu .cutilities commissionfor e purpose ofcollecting regulatory and registrati fees pursuant to se ions 61-811 and 61-812, Idaho Code, and for collectin fees and permit pursuantto chapter 4, title 49, Idaho Code, which fees hav not otherwi e been lawfullypaidby transporters to the public utilities co ission he Idaho transportation department or a county assessor in this st te nd for issuingpermits pursuant to , section49-22202 [49-2202], Idaho C All moneys collectedby thedepartment'semployees as agents ofthe aho ansportation department andthe public utilities commission sha be remit! to the state treasurer for deposit in the proper account s provided by aw. (3) All employees of th epartment designa d pursuant to subsection (1) 

### ofthis section shall ert proper authorities 0 

### eace officers regarding violations pursuant t this chapter,'violations, purst nt to title 61, Idaho Code, and violatio pursuantto title 49, Idaho Code, a d violations to any rules and regulations issued pursuant to any of the afo mentioned code sections. All actio roughtfor violations oftheprovisions ofthis ch terorrules 

# ,. ,;

•. :..:.1.

. d

,

.



# .

.**~~.** f



### t

.**'.~,**



# • andregu tionspromulgatedpursuantthereto shallbe brought as provided for in is chapter. All actions brought for violations of the

### pro~ions of

## ~itle 1,

## I~aho Code, or oftitle 49, Idaho Code, shall be brought as

## Pri>~' ded losetitles. [I.C., § 

### 39-4426, as added by 1984, ch. 205, § 

### 4, p. 502,

.

986, ch. 231, § 

### 3, p. 627; am. 1988, ch. 265, § 

### 569, p. 549.] ,

### 175 NATURAL DEATH ACT 

### 39-4432
Compiler's notes. The bracketed refer­ Sections 568 and 570 of S.L. 1988, ch. 265 

# c

ence "49-2202" in subsection (2) was inserted are compiled as §§ 39-4410 and 40-70l. by the compiler. Section 586 of S.L. 1987, ch. 265 provided Sections 2 and 4 of S.L. 1986, ch. 231 are that the act should become effective on and compiled as §§ 39-4417B and .44-2501

­ after January 1, 1989. 44-2515, respectively.



### 39-4429. Books andrecordstobepreserved

- Entryandinspection by department of health and welfare.

"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).

. . . . .. . 

### - -4432. Distribution-of hazardous waste. disposal fee 'revenues:

.

.>	 - 

### T .-revenues -received from the'(ees imposed by .this chapter and-any

penaltie interest, or 

### deficiency additions, shail be paid over 'to the state treasurer the department to be distributed as follows: . (1) 

### An amo t 

### of money to maintain the hazardous wastedisposal fee refund account, .ch is hereby created, and from which,al(refunds authorized to be paid by is act shall be paid, at a 

### monthly balance of ten thousand dollars ($10, ) or at such greater 

## sum-as in the opinion ofthe
/ 

### department may be neede to meet**reasona~e"'requirements** 

### imposed on the hazardous waste disposa fee refund account.

. (2) The balance remaining WI 

### the te treasurer after deducting the amounts in (1) above, shallbe rerm periodically but no less frequently thanquarterly as follows: ninety- ' e p cent (95%) shallbe remittedto the hazardous waste training, e gency an monitoring account created in section 39-4417B, Idaho Co ,andthe remai 'ngfive percent (5%) shallbe remitted

## to the county asurer ofthe county 0 

### counties where the activity occurred which c ed the fees to be assessed p suant to

### this chapter. Moneys shallbe portioned

## to the counties inthe sa proportional manner in which ey were collected. Moneys returned to ounties shall be utilized b e county 

## to respond to health and,environm tal problems which ay be causedby hazardous waste emergencies or spill ,or.improperly' andled or packaged hazardous waste. 

### [I.C., § 

### 39-4432; as ded by 4, ch. 205, § 

### 10, p. 502; am. 1989, ch. 419, § 

### 1, p.1023.]



## CHAPTER 45
NATURAL DEATH ACT

SECTION. SECTION. 39-4502. 39-4503. 39-4504. Statement of policy. Definitions. Living will. -39-4506. 39-4507. 39-4508. Revocation. Execution of directive. Immunity. 

# c

39-4505. Durable power of 'attorney for 39·4509. General provisions. health care.