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 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 of the 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 of the 

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 included in the analyses. 

Following is an explanation of the abbreviations of the 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 (Ist E. S.) August 4, 1961 

1963 o. March 19, 1963 

1964 (E. S.) August 1, 1964 

1965 ..... 0 •••••••••••••••• 0 •••••••••••••••••••••••••••••••••••• 0.... March 18, 1965 

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 (1st E. S.) June 23, 1967 

1968 (2nd E. S.) 0................................................ February 9, 1968 

1969 0 •••••••• 0 ••••••• , • • • • • • •• • • • • • • • • •• • • • • • • • • • • •• March 27, 1969 

1970 0 0......... March 7, 1970 

1971 0 0.......... March 19, 1971 

1971 (E. S.) April 8, 1971 

1972 .,. 0.0 •••••••••••••••• 00 •••••••• '•••••••••••••••••••••• 0 •••• 0.... March 25, 1972 

1973 0 ••• 0 ••• 0 •••••••• 0 •••••• 0" 0 0 ••••••• 00 ••••••• 0..........
 March 13, 1973 

1974 0 •••••••••• 0 ••••••• 0 •••••• 0 •• 0 •••••••• 0 ••••••••••••••••••• 0. March 30,1974

1975 0 ••• 0 •••• 00 •••••••••••••••• '•••••• 0 •••• 0 ••••••••••••• 0.. March 22, 1975 

1976 .. 0 00 •• 00000 0............
 March 19, 1976 

1977 0.0 0 •• 0 0....................................
 March 21, 1977 

1978 0 ••••••• 00 ••• 0 ••••••••• 0 ••••• 0 •••••••• 0 ••• 00... March 18, 1978 

1979 0 0 0 0 o. March 26, 1979 

1980 0 0............................ March 31, 1980 

1981 0 0 .. 0 0 0 0 0 March 27,1981 

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

1982 0 •••••••• 0 •••••••• 0 ••••••••••••••••••••••••• 0 0.. March 24, 1982 

1983 0 0 0 •• 0 0 April 14, 1983 

1983 (Eo S.) 0 May 11, 1983 

1984 0 •••••••••• 0.0 •• 0 0 •••• 0 •••• 0 •••••••••••••••••• 0 •• 0 ••••• 0.0...... March 31, 1984 

1985 0......... March 13, 1985
 
• TABLE OF CONTENTS 

VOLUME SEVEN A 

TITLE 39 

HEALTH AND SAFETY 

Chapter	 Sections 

1. Department of Health and Welfare	 39-101-39-148 

2. Vital Statistics	 39-201-39-276 

3. Alcoholism and Intoxication Treatment Act	 39-300--39-316 

4. Public Health Districts	 39-401-39-427 

5. Hospitalization of Tuberculosis Patients	 39-501-39-517 

6. Control of Venereal Diseases	 39-601-39-607 

7. Advertising Cures for Sexual Disorders	 39-701-39-704 

8. Contraceptives and Prophylactics	 39-801-39-810 

9.	 Prevention of Blindness and Other Preventable Diseases in 

Infants 39-901-39-912 

10.	 Prevention of Congenital Syphilis 39-1001--39-1006 

11.	 Federal Aid for Maternity and Infancy Welfare [Repealed] 

12.	 Foster Homes and Day Care Homes for Children 39-1201-39-1224 

13.	 Hospital Licenses and Inspection 39-1301-39-1394 

14.	 Health Facilities 39-1401--39-1460 

15.	 Care of Biological Products 39-1501-39-1503 

16.	 Sanitary Regulations for Public Eating Places 39-1601-39-1613 

17.	 Health Regulations for Eating Places and Food Establishments 

- 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. Marking ofExplosives	 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 [Transferred or Repealed] 

28.	 Mosquito Abatement Districts 39-2801-39-2811 

29.	 Air Pollution Control Act [Repealed] 

30.	 Radiation and Nuclear Material 39-3001-39-3028 

31.	 Regional Mental Health Services 39-3101-39-3139 

32.	 Building Facilities for Physically Handicapped 39-3201-39-3210 

33.	 Shelter Home Care 39-3301-39-3309 

34.	 Anatomical Gifts 39-3401-39-3411 

35.	 Fire Prevention [Transferred or Repealed] 

36.	 Water Pollution 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 Death Act 39-4501-39-4508 

46. Idaho Developmental Disabilities Services and Facilities Act , .. 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 Homemaker Act (39-5001-:39-5009] 

39-4901. :39-4902, 

39-4904-39-4908 

51. In-Home Financial 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's Trust Account	 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. County Commissioners 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. Single County-Wide Highway Districts 40-1401-40-1415 

15. Consolidation of Districts 40-1501-40-1518 

16. Detachment or Annexation of Territory 40-1601-40-1678 

17. County Highway Reorganization 40-1701-40-1714 

18. Dissolution of Highway Districts 40-1801-40-1822 

19. Beautification of Highways 40-1901-40-1926 

20. Highway Relocation Assistance 40-2001-40-2020 

21,22 : : [Reserved] 

23. Miscellaneous Provisions	 40-2301-40-2323 

24. Federal Aid 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 of State Highways	 [Repealed] 

29. Highway Relocation Assistance	 [Repealed] 

30. County Wide Highway Districts	 [Repealed] 
•• 

...-_1 I II. III 1 111111111111 ••••••••••••••••

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 HEALTH AND 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. BASICDAY CARE 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. 

1
 
_

£
 

. 

•	 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 

11. 39-3210. (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 of the 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 of the 

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 of the abbreviations of the Court Rules used 

throughout the Idaho Code. 

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

I.R.E. Idaho Rules of Evidence 

I.C.R. Idaho Criminal Rules 

M.C.R. Misdemeanor Criminal Rules 

I.I.R. Idaho Infraction Rules 

I.J.R. Idaho Juvenile Rules 

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

I.A.R. Idaho Appellate Rules 

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 of the
 

Idaho Code Commission
 

PHILLIP M. BARBER
 

WILLIS E. SULLIVAN JESS B. HAWLEY, JR.
 

COMMISSIONERS
 

VOLUME SEVEN A 

THE MICHIE COMPANY 

Law Publishers 

• 

CHARLOTTESVILLE, VIRGINIA 
COPYRIGHT© 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 

contained therein have been amended or repealed and many new 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 preceding Title 40 which indicate where the subject matter of 

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 and bridges. 

This replacement volume contains laws enacted by the Idaho legislature 

through the 1985 regular session and annotations of cases interpreting the 

Idaho Code from the following sources: 

Pacific Reporter 2nd Series through Volume 694, p. 1133. 

Federal Supplement through Volume 601, p. 1037. 

Federal Reporter 2nd Series through Volume 754, p. 394. 

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

through Volume 83, p. 985. 

West's Bankruptcy Reporter through Volume 46, p. 246. 

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

throughout the Idaho Code. 

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

I.C.R. Idaho Criminal Rules 

M.C.R. Misdemeanor Criminal Rules 

I.J.R. Idaho Juvenile Rules 

I.A.R. Idaho Appellate Rules 

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

IJ.R. Idaho Infraction 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 of the session at which the same 

shall have been passed, except in case of emergency, which emergency shall 

be declared in the preamble or in the body of the 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 of emergency, which emergency shall be declared in the 

preamble or body of the law. 

Every joint resolution, unless a different time is prescribed therein, takes 

effect from its-passage." 

This table is given in order that the effective date of acts, not carrying an 

emergency or which do not specify an effective date, may be determined 

with a minimum of delay. 

Year Adjournment Date 

1921 0 0 0 0 0 000....... March 5, 1921 

1923 0 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• March 9,1923

1925 0 March 5,1925

1927 March 3, 1927 

1929 .0.0................................ March 7, 1929 

1931 0 0 00................. March 5, 1931 

1931 (Eo S.) March 13, 1931 

1933 0 ••••••••••••••••••••••••••••••• 0 •••••••••••••••••• March 1, 1933 

1933 (E. S.) June 22,1933 

1935 0 0 0.......... March 8, 1935 

1935 (Ist E. 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 (lst E. 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 0 •••••••••••••••••••••••••••••••• 0 •••••••••••••••••••••••••••• March 7,1947 

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 (Ist E. S.) August 4, 1961 

1963 March 19, 1963 

1964 (E. S.) August 1, 1964 

1965 March 18, 1965 

1965 (Ist E. S.) March 25, 1965 

1966 (2nd E. S.) ,..................................... March 5, 1966 

1966 (3rd E. S.) March 17, 1966 

1967 March 31, 1967 

1967 (Ist E. 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 March 22, 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 

CHAPTER 44 o

HAZARDOUS WASTE MANAGEMENT 

SECTION. SECTION.
 

39·4401. Short title. 39-4416. Citizen suits.
 

39-4402. Legislative findings and purposes. 39-4417. Hazardous waste emergency ac­
 39-4403. Definitions. count.
 

39-4404. Consistency with federal law.
 39-4417B. Hazardous waste 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 government notice. 

39-4407. Identification of hazardous wastes. 39-4419. Interstate cooperation. 39-4408. Unauthorized treatment, storage, 39-4420. Employment security. release, or disposal of hazard­ '1 39-4421. Good samaritan protection. i ous waste prohibited. 39-4422. Severability.

I
 39-4409. Pennit requirements for hazard­
 39-4426. Appointment of health inspectors. ous waste treatment storage, 39-4427. Hazardous waste disposal fee. or disposal facilities. I 39-4428. -Ccllection of 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.. . '. ., ". department ofhea"lth" and v;el· .. 

39~4412. Inspections·- Right of entry.. fare. 

39-4413. Enforcement procedures. 39-4430. Additions and penalties. 

39-4414. Remedies. 39-4431. Collection and enforcement. 

39-4415. Violations constituting misde­ 39-4432. Distribution of hazardous waste 

meanors. disposal fee 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 State of Idaho finds: 

(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 everincreasing quantities of hazardous wa e; 

(b) That the public health and A'afe . and the environment, are 

threatened when hazardous wastes are not anaged in an environment- . i ally sound manner; 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 of great statewide concern. 

(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 management of hazardous waste; 

re: 

health of livi 

of the improper, 

c 

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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 governmental entities. 59 A. n
 struction of stat s, ordinances, or regula.
 

II 

I tions controlling ischarge of industrial
 

wastes into sewer sy terns. 47 A.L.R.3d 1224.
 

:1 

.,

:1 39-44'03. Defim'ons. - As,used in this chapter: . 

I (1) "Board" means he Idaho board of health and we 

11 .(2) "Commercial h rdous waste facility or site" eans any hazardous J waste'facility whose pri ary business isthe treat nt, storage or disposal, 

:1 for a fee or other consid ation, 'bf hazardous w ste generated offsite by 11· . .j . ·.generators otherlhan the 0 ier andoperatoro he facility.. ", 

(3) "Department" means e Idaho depart ent of health and welfare. '\ 

'1 (4) "Director" means the di ctor of the I aho department of health 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, 

including ground waters. 

(6) "Generator" means any pe son, wh by virtue of ownership, management, or control, is responsib for causi or allowing to be caused the 

creation of ahazardous wast . 

(7) "Hazardous waste" ans a waste or co bination of wastes of a solid, 

liquid, semisolid, or cont ned gaseous form wn' h, because of its quantity, 

concentration or charac ristics (physical, chemic lor biological) 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 ofor managed. 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 return flows 

or ind strial discharges which are point sources subject national 

pollu on discharge elimination system permits under. the Fed al Water 

Pol tion Control Act, as amended, 33 U.S.C., Section 1251 e seq., or. 

so rce, special nuclear, or by-product material as defined by the tomic 

nergy Act of 1954, as amended, 42 U.S.C., Section 2011 et seq. 

(8) "Hazardous waste management" means the systematic control 0 the 

ollection, source separation, storage, treatment, transportation, proc sing, and disposal of hazardous wastes. 
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 of hazardous wastes. , / 

(10)' anifest" means a form used for identifying the quantity, composition, ori . , routing, waste identification coders), and destinatien of 

hazardous ste during any transportation from the point of geleration to 

the point oftr tment, storage or 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 

subject of rights and dub 

(12) "RCRA" means th Resource Conserva .on and Recovery Act of 

1976 as amended in 1978 an 

(13) "Storage" means the ontainment of hazardous wastes, on a 

temporary basis or for a perio 

constitute disposal of such hazardo 

(14) "Transportation" means the I. from a hazardous waste facility or si 

(15) "Transporter" means any rson 0 transports a hazardous waste 

to or from a hazardous waste fa . 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 part of a production 

process, but which is rat r designed to change e physical, chemical, or c 

biological character or mposition of any hazardou waste prior to storage 

or final disposal so,as 0 neutralize such waste 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 added by 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 
. - . . .' -. ." . 

. . ' , .. . ":" . ',' ... .'..... .. '. '.'..: :.'.- ." .'..::; ., 

•
 

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39-4404 HEALTH AND SAFETY 302 

/ 

3 -4404. Consistency with federal law. - The legislature intends

/ that e state of Idaho enact and carry out a hazardous waste program that 

will e ble the state to assume primacy over hazardous waste controlfom 

the fede 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 which have been or will be~stIblished under 

RCRA. However, l::i the provisions of this chapter, the legi .. ature desires 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 of such 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 other mat 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 anything more 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 

! may not promulgate any e or regulation that wou 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 of hazardous was 

(3) Rules and regulations, those issued by the United 

States environmental protection ency nd the United States department 

of transportation, 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 shall be req . ed by this chapter; 

303	 HAZARDOUS WASTE MANAGEMENT 39-4407 

title 67, Idaho Code, the board shall adopt such rules and regulations 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 of this 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 

of wastes is hazardou or the purposes of this chapter' 

(5) Lists of thos astes or combinations of astes which are not 

compatible and w ch may not be stored or disposed of ether; 

(6) Procedu s and requirements for the reporting 0 the generation, 

transporta . n, treatment, storage or disposal of hazardous 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 added by 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 of hazardous waste management in 

this state; 

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

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

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

establishment of hazardous waste treatment or disposal facilities or sites; 

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

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

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 of wastes is 

hazardous or nonhazardous, for the purposes of this chapter. Any waste 

C 

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39·4408 HEALTH AND SAFETY 304 

which meets the hazardous waste criteria established by the board shall be 

considered a hazardous waste regardless of whether or not it is included by 

the board in a list of hazardous 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 enter the environment, unless the depa ment has 

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 permit from the de artment. The 0 r or operator of the facility 

or site rather than the builder all be respo ible for obtaining the permit. 

The board may exempt classes 0 categorie of hazardous waste treatment, 

storage, or disposal facilities from e pe it requirement if the exemption 

is in the public interest and consiste ith RCRA requirements. The fact 

that a class or category of such 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 

program is authorized by the/admimstratcr of at agency shall be adopted 

by the department as a stat'e granted interim st us or as a state granted 

permit until the department issues a new state pe 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 

the facilities-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 of interests 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 of the facilities a 

sites during and after operation; 

•
 
: ' , '. " .

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

· ." ", . . ,. ' "" 

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 the RCRA; 

(0 Emerge equipment and emergency response plan 

the facilities 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 or the 

maximum period allowe nder RCRA, w)M{hever is greater. Permits 

issued to hazardous waste fac 'ties and si~ by the department prior to 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 promulgated under this chapter. 

(4) Any permit issued under is sect n may be revoked by the director, 

pursuant to the provisions 0 ection 39-4 3, Idaho Code, if the permitted I 

party fails to comply wi the terms and nditions of the permit, this
 

I chapter, or the rules an regulations promulgat under this chapter.
 , I (5) The departme may issue' a variance from he requirements of the 

rules and regulati ns promulgated under this section, 'f, in the judgment of , the director, plication of the requirements would use unreasonable 

hardship an, the granting of a variance would not be ha ul to the public

interest r;rf I' inconsistent with RCRA requirements. A vari ce shall not c 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 of hazardous waste. - (1) The board shal 

promulga hazardous waste transportation rules and regulatio to 

control the in tate and interstate transportation of federall egulated 

types and quantitie hazardous waste. The rules and re tions shall be 

consistent with the ru and regulations issued he United States 

department of transportation d the United St s environmental protection agency. The rules and regula' ns s also be consistent with the 

rules and regulations of the Idaho p tilities commission unless such 

consistency would impa~' r the . acy or t effectiveness of the state's 

hazardous waste managem program. In that c the board shall confer 

with the commissio~n endeavor to develop mutua acceptable trans-' 

portation rule~ regulations. If mutually 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 
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. .. ;. . . .. .. . ;.( .. ' 

I '
 

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39-4410 HEALTH AND SAFETY 306

Atate's hazardous waste management program, Rules and regulations 

p mulgated by the board shall prevail over conflicting rules and re 

tio of the commission. 

(2) The hazardous waste transportation rules and regulations shal apply 

, to all ansporters of federally 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 of hazardous wastes t or from a 

hazardous aste facility or site. 

(3) The h ardous waste transportation rules and re 

provide for bu ot be limited to: 

(a) Standard or the containerization and labeling of 

(b) Standards r the handling and placarding of 

shipments; 

(c) A hazardous w te tracking system requiring t 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 state program, 

before accepting hazardo s waste for 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 being shipped and its de inatio , 

(iii): A copy of each manife or similar form be returned to the 

generator and/or originator of the pment and a copy be retained by the 

transporter for a minimum ofthre 3) years, 

(4) The hazardous waste tran 0 tion rules and regulations may 

provide for special routing of haz dous aste shipments in this state when 

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 of this 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'te from which the 

hazardous wa e will ultimately be transported for fin I disposal. The 

permit may b in the form of a single trip permit issued pur uant to section 

49-125A, I ho Code, but shall not be in lieu of any oth r permits or 

registrati required pursuant to 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 

count to the Idaho transportation department. / 

) No commercial hazardous waste disposal facility or site permittedI 

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 andl 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 §§ 39.44717B!39.4426.. I 39-4417B, respectively.
 

Cross ref. Motor Carrier Act, § 61-801­


61-818.
 

39-4411. ting - Moni~ring. - (1) Pursuant to the 

provisions of section 39-4405, I ho Code, Uie board shall adopt, and amend 

as necessary, such rules and regu tions t~lating to records, reporting, and 

monitoring as may be needed to ac 'ev~/the purposes of this chapter. These 

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

requirements for: 

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

: I (b) The submittal of records andreport . - ! (c) The taking of samples ana the perfo ing of tests and of analyses; I 

(d) The use of approved monitoring metho and techniques; 

(e) The installation, caration, use, and aintenance of monitoring 

equipment; and / 

(f) The provision ofre~vant information to the epartment. . 

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

under section 39-4401 Idaho 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 lequired by the regulations issued pursuant subsection (L) 1

i 

!­ of this sec~t'o/shall be 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 
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39-4412 HEALTH AND SAFETY 308 

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

au orized representative of the 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 eguard the public interest. / 

(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 

report to the departm t including the following info ation: 

(a) The types and qua tities of hazardous waste~ienerated;

(b) The types and quan 'ties of such wastes ,shipped for treatment and 

disposal by landfilling or 0 er means of disposal; 

(c) The types and quantities f SUChX" as
 s remaining in storage at the

end of the reporting period;
 

(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 

which were generate In other states. 

(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 of such wastes shipped for treatment and disposal by ndfilling 

or other~eans of disposal, the types and quantities of such wastes 

remain' g in storage at the end of the most recent reporting period a d the 

types d quantities of hazardous 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 of this chapter shall be performed : . in conformity with the prohibitions against unreasonable searches and 

seizures contained in the fourth amendment to the constitution of the 

United States and article I, section 17, of the constitution of the state of 

Idaho. The state shall not, under the authority granted by this chapter, 

conduct warrantless administrative searches of private property in the .j 

'1 absence of either consent from the property owner or occupier or exigent ,j circumstances such as a public health or environmental emergency. I 

I 
309·	 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, at any reasonable time: 

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

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

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

labels; 

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

means of conveyance where hazardous wastes are or have been contained 

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

their labels; . 

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

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

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

to inspect and copy such documents. 

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

operator, the department shall provide the property owner or facility 

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

Duplicate samples shall similarly be provided upon request if the requesting party agrees to have the samples analyzed and to share the results of 

the analysis with the department. 

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

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

health district employee shall not be subject to any confidentiality 

requirements other than those specified in section 39-4411(3), Idaho Code. 

The right of entry of a private contractor working in a representative 

capacity for the department may, however, be made subject to additional 

confidentiality requirements so long as those requirements do not interfere 

unreasonably with the development of information by the department or 

the transmission of information from the contractor to the department or 

the United States environmental protection agency. 

(5) Any magistrate or district court judge is authorized to issue an 

administrative search warrant upon a request from the director describing 

reasonable cause for issuance of the warrant or the existence of a 

reasonable program of inspection. [I.C., § 39-4412, as added by 1983, ch. 

154, § 1, p. 416.] 

oll1,""tIoIo.13. Enforcement procedures. - Whenever the director determines that a erson is in violation of any provision of this chapte-rOr any . .

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

may commence one or more of the fo . . . 

(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-' 

' 

----~-- ----1 
1'1 

•
 

•
 

•
 

39-4413 HEALTH AND SAFETY	 310 

itten notice of violation. The notice shall state with reas~nae 

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 itten response within fifteen (15) days. / 

2. Scheduli Compliance Conference. If a reciPie~t6f a notice of 

violation coni cts the department within fifteen (15) . ays of the 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 of the date tH notice was delivered to the recipient, 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 shall provide 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 account created by 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 of th compliance agreement t director may seek and 

obtain in any app priate district court sped c performance of the 

agreement and s h other relief authorized by s ction 39-4414, Idaho • 

Code, as the c rt considers to be just and re sonable under the 

circumstances. 

(b) Permit Sus 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 party commits a violation of the law or a permit ich: 

(i) reates or has created a substantial threat to the publi health or 

to	 e environment; or 

. ) Is repetitious of prior violations of the same or 

rovisions of the law; or 

(iii) Is allowed to continue or is not corrected within thirty (30) ays 

of a notice of violation. 

. .
 

•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 of Hearing. The director may commence a permit suspension 

or revoc ion action by giving a permitted party a written notice of 

r intent to uspend or revoke. The notice shall inform the permitted

I 

I party of fac or conduct which warrant suspension or revocation of the 

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) of this 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 

requests a hearing. 

3. Administrative Hear gProvisions, 

(i) Upon a timely requ t by a permit holder for a hearing to 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 apply to all hearings co ucted,-G.nder this subsection. ( 

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

court in and for Ada county or ny other appropriate district court 

the issuance of an order in the ri ture of a subpoena compelling the 

attendance and testimony of witne es and the production before the I 

director of papers, books, drawing documents, test results, and 

other evidence relevant I{o a pe it suspension or revocation 

investigation or 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 orderIn 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~EMENTACTION. 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. The director shall not be 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 of this chapter or any permit, standard, regulatl~~

cgzidition, requirement or order issued or promulgated pursuant to t~~

,apter more 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 and nonexclusive. 

(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 of thi 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 continuing viol 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 continuing violation. 

(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 

with the law. / 

(2) ASSESSMENT OF COSTS. A y~erson who violates this chapter or 

any permit, standard, regulation, ondition, requirement, compliance 

agreement, or order issued or prom ga ed pursuant to this chapter may be :1'.:i assessed for: / 

·i (a) The state's costs for any nonrouti e investigations, inspections, 

monitoring, or surveys which-lead to evide ce of the violation; , 

! (b) The state's costs, including the rea nable value of attorneys' .. services, for preparing and-litigating the 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 contaminated property; / 

(e) Compensation' for damages to publicly held resou es including but 

not limited to.jland, water, recreational uses, wildlife, sh and aquatic 

life to restore the resource to its highest previous 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 of trial preparation and trial of the 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 and trial of the case; 
. . . '. . . , ." , ... 

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

,

, 

I 313 HAZARDOUS WASTE MANAGEMENT 

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

o I 

I

, 

s iousness of the 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 of this chapter or an permit,
 

standa ,regulation, condition, requirement, compliance agr ment, or
 

order iss ed or promulgated pursuant to this chapter shall be ubject to 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 that the 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 of this 

chapter or any standard, egulation, conditiori, requirement, compliance 

agreement, or order issue r promulgated pursuant to 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 of complying ith the provisions of this 

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 

continuing violati 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 imprisonment not to exceed one ( year, or • to both or each separate violation 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 security in 'an amount I 

I not less than one thousand dollars ($I,OOO).

(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, if the department commences an action in a court of the 

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

24(a} of the Idaho Rules of Civil Procedure. I (3) In any action under thls section, the departmentmay intervene 8,S a 

'!

L matter of right. ! 

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 

state has become 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 the hazardous waste emergency 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, and moneys con ibuted to the account from other sources. 

(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 . ({Q the public health or safety, or to 

the environment caused by that e efgen . 

(4) The board may promulg regulatio for the withdrawal and use of 

funds from the account as s cified in subsectio 3) of this section. 

(5) All moneys place in the account are here perpetually appropriated to the departm t for the purposes described in bsection (3) of this 

section. All exp itures from the account' shall be pal out in warrants 

drawn by the te auditor upon presentation of the proper v 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 hereby created an account in the dedicated fun 

the sta treasury to be designated the hazardous waste training, e 

gencyan monitoring account. 

(2) The count shall consist of: 

(a) Mone appropriated to the account;
 

· (b) Moneys provided in sections 39-4410 and 39-4432,
 

· (c) Donations ifts and grants from any source; and
 

(d) Anyother oneys which may hereafter be 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 partrnentof health 

~nd welfare .~o. analyz monitor, contain; collect 0 dispose of hazardous
 

wastes; ..
 

(b) Employment of or co tracting with necess ry personnel to analyze,
 

monitor, contain, collect or ispose of hazardo 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 of Idaho caused by' .
 

such emergencies or spills. '0

(d) Taking removal or remedia acti relating to hazardous wastes 

which the department deems n cessary prevent, minimize or mitigate
 

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

n 

aw. 

§ 39-4417B, as added by 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 not be issued u il the 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 the power 

and the d y to encourage cooperative activities between the d artment 

and other. states for the improved management of hazardous 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 of any such leakage, seepage or other release, shall be subject 

to civil liabilities or penalties of any type. 

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

not apply to any person: 

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

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

liable therefor; or 

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

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

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

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

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

-4422. Severability. - The provisions of this act are hereby 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 of remaini portions of this 

act. [I.C., § 39-4422, as ded by 1983, ch. 154, § 1, 6.] 

Compiler's notes. For words "this ac ' 

Compiler's notes, § 39·4401. 

39-4426. Appointment of alth inspec 

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 of the public by monitoring the receipt and han of 

ha ous wastes which have been transported by common carrier. 
. . . '. - - .: 

I' • ",':' •••••• .' • ,', .', - • - \ 

. . . . . , 

\ 

317 HAZARDOUS WASTE MANAGEMENT 39-4428 

2) The employees of the department of health and welfare designated ¢
 o

sUD ection (1) of this section shall be agents of the Idaho transportatjon
 

depa ment and the public utilities commission for the purpose of c~lleing
 

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 of the 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) of this 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 anyIbf the aforementioned code
 . I sections. . / . 

All actions brought for violat ns of the pyovisions of this chapter or rules
 

and regulations promulgated pur uant th . 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 of title 49, I Code, shall be brought as provided
 

in those titles. [I.C., § 39-4426, as ded by 1984, ch. 205, § 4, p. 502.]
 

Compiler's notes. Section 3 of S.L. 19 4,
 o

ch. 205 is compiled as § 39-4417B.
 

39-4427. Hazardous was e disposal fe - On and after July 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 of twenty dollars ($, 0.00) per ton, or fractio thereof, on all materials
 

disposed of at the facility 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 made to 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 of the month, shall make ut a'
 

r~rn, upon such forms setting forth such information as the depart ent
 

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

/ \ 

I 

I 

I 

I 

--------1 
I

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 

with a remittance for mount in the form reQuu:er 

(2) The department may re 1 or class of persons 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 keep complete and accurate records, including itemized invoices 

and manifests for federally regulated types and quantities of hazardous 

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

All books, documents and papers, computer tapes, discs, and ~thet records 

required to be kept by this-section shallb~ preserved for, a period of at least ',\ 

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 of this act, at 

any time during usual business hours, the department or duly authorized 

agents or employees, may enter any place of business of the owner or 

operator of a hazardous waste facility or site where hazardous wastes are 

disposed and inspect the premises, the records required to be kept under 

this chapter, and the hazardous wastes. or other chemicals contained 

therein, to determine whether or not all the provisions of sections 39-4427 

and 39-4428, Idaho Code, are being fully complied with. Trade secret 

information obtained by the department under the provisions of this section 

shall be treated in the same manner as such information obtained under 

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

agents or employees is unreasonably denied free access or is unreasonably 

hindered or interfered with in making the examination of a hazardous 

waste facility or site, that hindrance or interference shall constitute 

grounds for suspension or revocation of the facility or site's permit by the 

director of the department of health and welfare under subsection (b) of 

section 39-4413, Idaho Code. [I.C., § 39-4429, as added by 1984, ch. 205, 

§ 7, p. 502.] . l 

., 

I 
39-4432 

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, 

1 63-3040, 3-3042 through 63-3045A, 63-3047 through 63-3065A, 6 ·3068, 

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

·f

i exist or as th may subsequently be amended, shall apply and b 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 

treasurer by the depart ent to 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 of ten 

thousand dolla ($10,000) or at such greater sum as in t e opinion of the' 

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 and proceeding . 

• (2) The department of ealth and welfar may be made a party 

defendant in any action at la or in equity b~ any person aggrieved by the 

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

recover an overpayment, but only he stat ofIdaho shall be responsible for 

any final judgment secured agains th department of health and welfare 

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

disposal fee refund account. [I.C., § 31, as added by 1984, ch. 205, § 9, 

p.502.] 
l.-.	 1991 

c... I 

j CUMULATIVE

•	 POCKET SUPPLEMENT
 

IDAHO 'CO.DE 

Compiled Under the Supervision of the 

Idaho Code Commission 

PHILLIP M. BARBER 

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

COMMISSIONERS 

MAX M. SHEILS, JR. 

EXECUTIVE SECRETARY 

•	 

VOLUME 7A 

REPUBLISHED SEPTEMBER, 1991 

For your convenience in reporting any errors in these supplements orsuggested improvements or additions you will find 

postpaid cards in the back of the 1991 Replacement Index 

Volumes. 

Place this supplement in the pocket of the corresponding 

volume of the set 

! 

1 

} COPYRIGHT© 1986, 1987, 1988, 1989, 1990, 1991 

I

I 

All Rights Reserved 

;j

•	 

By f 

THE MICHIE COMPANY 

Law Publishers 

1	 CHARLOTTESVILLE, VIRGINIA 

i 
c 

PUBLISHER'S NOTE
 

\ 

Amendments to laws and new laws enacted since the publication of the 

bound volume down to and including the 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 of the 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 of the 

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 included in the analyses. 

Following is an explanation of the abbreviations of the Court Rules 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 

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1 

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~:.

HAZARDOUS WASTE MANAGEMENT 39-4403 

CHAPTER 44 \ 

HAZARDOUS WASTE MANAGEMENT 

157 

SECTION. 

39-4403. Definitions, 

SECTION. 

39-4412. Inspections - Right of entry [Ef­ o 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 of haz­ 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 19S7 )
 

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 primary business 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 of the Idaho department of health and
 

welfare or the director's authorized agent.
 

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

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

that such hazardous waste or any constituent thereof may enter the envi­


ronment or be emitted into the air or discharged into any waters, including
 

ground waters.
 

(6) "Generator" means any person, who by virtue of ownership, manage­


ment, or control, is responsible for causing or allowing to be caused the
 

creation of a hazardous waste.
 

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

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

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

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

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

improperly treated, stored, disposed of, or managed. Such wastes include, 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 industrial discharges which are point sources subject to national pollu-''; 

•
 

•
 

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 of the ..

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 identifying the quantity, composition, origin, routing, waste identification coders), and destination of hazardous 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 

similar to that of the federal uniform hazardous waste manifest or by other 

manifest requirements designed to assure proper treatment, storage and 

disposal of such waste. 

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

stock company, trust, estate, political subdivision, public or private corpo-- ,­

ration, state or federal governmental department, agency, or instrumentality, or any other legal entity which is recognized by law as the subject of 

rights and duties. 

(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) Any hazardous waste which contains any of the following 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 

concentrations greater than, or equal to, one thousand (1,000) parts per 

million. 

(ii) Liquid hazardous wastes containing any of the following metals or 

elements, or compounds of these metals or elements, at concentrations 

greater than, or equal to, any of the following: 

Arsenic 500 parts per million 

Cadmium 100 parts per million 

Chromium (VI) ;....................... 500 parts per million 

• 

Lead. .................................................... 500 parts per million 

Mercury 20 parts per million 

Nickel 134 parts per million 

Selenium 100 parts per million 

Thallium 130 parts per million 
159 HAZARDOUS WASTE MANAGEMEN'f 39-4404 

(iii) Liquid hazardous wastes having a pH less than or equal to 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 the adoption of rules and regulations by the board, taking into account 

the hazardous wastes banned from land disposal by the U.S. environmental protection agency. 

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

disposal of such hazardous wastes. 

(17) "Transportation" means the movement of any hazardous waste to 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 of any hazardous waste prior to storage 

or final disposal so as to neutralize such waste or so as to render such waste 

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

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

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

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

(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 

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

will enable the state to assume primacy over hazardous waste control from 

the federal government. 

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

6901 et seq., and regulations adopted pursuant thereto, establish complex 

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

treat, store, and dispose of hazardous wastes. The legislature cannot conve­ 0 

niently or advantageously set forth in this chapter all the requirements of 

all of the regulations which have been or will be established under RCRA. 

However, by the provisions of this chapter, the legislature desires to avoid 
•
 

•
 

, ... 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 spent potliners 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'~;;

anything more than follow the instructions on the pesticide label and triple 

rinse empty containers in accordance with the RCRA regulations of the ­

environmental protection agency. The board may not promulgate any rule 

or regulation that would impose conditions or requirements more stringent 

or broader in scope than RCRA and the RCRA regulations of the environ;.' '/. 

mental protection agency. The board 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 of the environmental 

protection agency; provided that those rules and regulations shall not con- . " 

flict with this section, other sections of this chapter, RCRA, or the rules and. 

regulations of the 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 appear to be 

compatible and have been compiled together. 

The amendment by ch. 6 deleted the second 

and third sentences of the 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 and regulations in general. - Pursuant to the procedures established by the Idaho administrative procedures act, chapter 52, ~;::~.

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

necessary and feasible for the management of the generation, collection, ._:, 

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

• 

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

sary to regulate persons who produce, burn, distribute, and market fuel 

containing hazardous waste. The rules and regulations promulgated by the ,,­

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

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

of transportation, for containerization, labeling and manifesting of hazard­


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 of those wastes or combinations of wastes which are not compat­


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

(6) Procedures and requirements for the reporting of the generation,
 

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, prevention and correction regulations applicable to
 

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.]
 

Compiler's notes. Sections 1 and 3 of S.L. c

1986, ch. 148 are compiled as §§ 39-4403 and 

39-4408. 

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

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

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

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

any constituent thereof, may enter the environment, unless the department 

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

. activity involved or exempted the activity from permit requirements. 

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

provision, nonhazardous liquids shall not be disposed of in a landfill for
 

which a permit is required under section 39-4409, Idaho Code, or which is
 

operating pursuant to interim status granted under section 3005(c) of
 

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

director that:
 

(a) The only reasonable alternative is placement in a landfill or unlined 

surface impoundment which contains or may contain hazardous waste; 

and 

(b) Placement in the owner or operator's landfill will not present a risk of 

contamination of any existing or potential underground source of drink- 0 

ing water. 

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

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

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

•
 

•
 

t:. 
 

39-4409 HEALTH AND SAFET 
 

(4) The board shall have authority to prohibit: 

(a) Land disposal of any hazardous waste; and ." 

(b) Storage of any hazardous waste prohibited from land disposal, unless{:':~:

such storage is solely for the purpose of the accumulation of such 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 permit from the department. The owner or operator of the facIhtY'Jf, 

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

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

arid environment. The board may exempt classes or categories of hazardous' , :':~l

waste treatment, storage, or disposal facilities from the permit 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 authorized by the administrator of that agency shall be 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 of existing 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 of interests in the real property committed to that facility or site; .~

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

effective management, maintenance, and monitoring of the facilities and 

sites during and after operation; . 
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 

pensate for potential damages caused by the facilities and sites; provided, 

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

insurance is not required by the federal regulations adopted pursuant to 

the RCRA; 

(g) Emergency equipment and emergency response plans appropriate to 

the facilities and sites; 

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

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

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

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

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

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

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

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

chapter and the rules and regulations promulgated under this chapter. 

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

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

the treatment, storage, or disposal facility seeking the permit, regardless of 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 permit issued under this section may be revoked by the director 

pursuant to the provisions of section 39-4413, Idaho Code, if the .permitted 

party fails to comply with the terms and conditions of the permit, this 

chapter, or the rules and regulations promulgated under this chapter. 

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

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

the director, application of the requirements would cause unreasonable 

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

interest or inconsistent with RCRA requirements. A variance shall not 

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

the department provides public notice and an opportunity for public comment. 

(8) (a) The director of the department may issue a research, development and demonstration permit for any hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated. Any such permit shall include such terms .{ . and conditions as will assure protection of human health and the environment. Such permits shall: 

1. Provide for the construction of such facilities, as necessary, and for 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 of hazardous waste which the director deems nec-"' 

•
 

•
 

essary for purposes of determining 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 regarding testing and providing of information to the director with respect to 

the operation of the facility. 

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

subsection in establishing the conditions of each permit without separate 

establishment of regulations implementing such criteria. 

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

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

human health and the environment, modify or waive permit application 

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

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

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

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

more than three (3) times. [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


amended by two 1988 acts which appear to be peared in the law as enacted.
 

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

The amendment by ch. 7, in the first 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 of hazardous 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 department of transportation an m tes environmental protection 

• 

agency. The rules an ations shall also be . tent with the rules 

and regulatio e Idaho public utilities commission un ch consistency impair the primacy or the effectiveness of the state's hazarde__ 

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. If mutually 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 management pro m. Rul nd regulations so promulgated 

by the board shall prevail over co ting rules and regulations of the 

commission. 

(2) The hazardous wa ransportation rules a egulations shall apply 

to all transporters ederally regulated types and qua . ies of hazardous 

waste gener either by 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 of hazardous wastes; 

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

(c) A hazardous waste tracking system requiring that: 

(i) All transporters of federally 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 

ardous waste to be shipped off site or received from off site be accompanied by a manifest or similar form describing the hazardous waste 

being shipped and its destination; 

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

transporter for a minimum of three (3) years. 

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 of the 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/Hazardous Waste 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 enacted by Sec­ enacted by Section 4, of this act and Section 

tion 4 of this act shall be in full force and 49-2507, Idaho Code, which is enacted by Sec­ effect on and after this 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 pur39-4411. 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 

relating to records, reporting, and monitoring as may be needed to achieve 

the purposes of this chapter. These rules may include, but shall not be 

limited to, prescribing procedures and requirements for: 

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

(b) The submittal of records and reports; 

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

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

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

equipment; and 

(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 

department as required by the regulations issued pursuant to subsection (1) 

of this section shall be unlawful. 

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

other representatives of the department, under any provisions of this chapter, shall be available to the public, unless the director certifies such information must be kept confidential. The director may make such certification 

upon a showing, to the satisfaction of the director, that the information, or 

parts thereof, if made 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 out the provisions of this 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 of hazardous wastes generated in this state, the types and quantities of 

such wastes shipped for treatment and disposal by landfilling or other 

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

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

quantities of hazardous waste generated outside this state and shipped into 

this state for storage or disposal. [l.C., § 39-4411, as added by 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 the following section, compiled as §§ 39-4409 and 39-4413. 

also numbered § 39-4411. 

39-4411. Records - Reporting - Monitoring [Effective 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 

relating to records, reporting, and monitoring as may be needed to achieve 

the purposes of this chapter. These rules may include, but shall not be 

limited to, prescribing procedures and requirements for: 

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

(b) The submittal of records and reports; 

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

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

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

equipment; and
 

(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 
39-4411 HEALTH AND SAFETY 168 

• 

department as required by the regulations issued pursuant to subsection (1) 

of this section shall be unlawful. 

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

other representatives of the department, under any provisions of this chapter, shall be available to the public, unless the information, or parts 

thereof, if made 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 of this 

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

limit the department's authority to release confidential information during 

an emergency involving hazardous waste, if the director determines that 

release of the information is necessary to safeguard the public 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 of hazardous wastes generated in this state, the types and quantities of 

such wastes shipped for treatment and disposal by landfilling or other 

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

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

quantities of hazardous waste generated outside this state and shipped into d 

.. -. this state for storage or disposal. [I.C., § 39-4111, as added by 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 searches conducted under the authority of this 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 of the United States and article I, section 17, of the co stitution of th state of Idaho. The state shall not, under the authority granted 

by this ch ter, conduct warrantless administrative searches f private 

property in e absence of either 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 of such wastes, eir containers, and their
 

labels;
 

(b) Enter into any aircraft, ehicle, vessel, ail car, trailer, van, or other
 

means of conveyance where h zardous wa tes are or have been 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 of conveyance, where 

records, reports, information or te results relating to the generation, 0 

transportation, treatment, storag! , 0 disposal of hazardous wastes exist 

to inspect and copy such docu ents. 

(3) Upon request by an autho zed agen of a property owner or facility 

operator, the department shall rovide the p operty owner 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 of the 

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 1tort liability of the 

facility owner or op rator. The right of entry of a dul authorized state or 

health district em, oyee shall not be subject to any confi entiality requirements 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 court judge 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 SAFET r 170 1 

1 

,~' .,." 

• 

able program of inspection. [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 of the act should take eff ct July 1, 1993 

Section 45 of S.L. 1990, ch. 213 is compiled and that §§ 1,2,46 and 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 of this chapter or 

any permit, st ndard, regulation, condition, req rement, compliance 

agreement or ord issued or promulgated pursuan 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 

written response may be require ithin fifteen (15) days of receipt of the 

notice of violation by the pers n to whom it is directed. 

(b) Scheduling Compliance Co fere ceo If a recipient of a notice of violation 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 of the date of receipt of 

notice, unless a later dat is agreed upon b tween the parties. Ifa 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 

opportunity for t~;/ecipient of a notice of violati to explain the 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 of the 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. Ifthe parties cann t 

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

I 
i 

i 

r ­ ·
 i 

··
.. 

f :' 

f : 

! . 

i·

, 

·
. 

~L

171 HAZARDOUS WASTE MANAGEMENT 39-4413

ceipt of the notice of violation, or if the recipient does not request 

c pliance conference pursuant to subsection (A)(I)(b) of this 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 director may revoke or temporarily suspend t 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 of Hea . g. The director shall commence
 

or revocation action y giving a permitted party a tten notice of intent
 

to suspend or revoke. he notice shall inform the p rmitted party of facts
 

or conduct which wa nt suspension or revoca on of the permit. The
 

notice, hearing, and reco 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 

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

case provisions of the Idaho a inist tive procedure 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 of papers, 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 

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

pr'i> ulgated hereunder, and for any relief or remedies author~·zedin 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 enforceme9iactions to the 

pr?secuting at ey of the county where a civil~nforment ac~ion may 

arIse. ,. , 

(B) ACTIONS AG ST GUARANTORS. If the er or operator is in 

bankruptcy, reorganizati n or other arrangemen pursuant to the federal 

bankruptcy code, or where isdiction cannot b obtained over an owner or 

operator likely to be solven t the time of udgment, an action may be 

brought directly against a guar tor of fin cial responsibility by the state 

or any injured party for any claim risi from conduct for which guarantees of financialresponsibility have n made, The' guarantor may invoke' 

.'. all rights and defenses.which woul ,n ve been. available .to the owner or 

. -. -.op·era.:tbr alia all rights" '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 eding may 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 

chapter more than 0 (2) years after the director had owledge or ought 

reasonably to ha e had knowledge of the violation. [1. . § 39-4413, as 

added by 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) There is hereby created an account in the dedicated fund 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
 

problems which may aused by hazardous waste emergencies or spills,
 

improperly packaged or n led hazardous waste-or the alleviation of
 

damages to the people and en nment of)be state 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. Disposal of restricted hazardous wastes prohibited. - (1) 

Notwithstanding any other provision oflaw to the contrary, no person shall 

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

ous waste, 

at a 

as 

commercial 

defined in section 

hazardous 

39-4403, 

waste 

Idaho 

facility 

Code, 

or 

into 

site. 

or on any land or o

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

the requirements would cause undue hardship and the granting of the 

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

RCRA requirements. In issuing the variance, the director shall take into 

account: 

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

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

the first instance; and
 

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

of such hazardous wastes and their hazardous constituents.
 

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

those levels or methods of treatment, if any, which substantially dimin­

"ish" the toxicity of the 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) If such restricted hazardous waste has been treated" to the level or by 

a method specified in regulations promulgated under this subsection, 

such waste or residue thereof shall not be subject to the prohibition in 

subsection (1) of this section and may be disposed of in a land disposal o 

facility which meets the requirements of this 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 of manifested waste. - Manifested waste, as that 

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

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

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

produce heat is otherwise lawful. [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. Appointment of health inspectors. - (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 located in Idaho 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 of hazardouswastes whi have been transported by common ca ier. 

(2) The employ of the department of health and we are designated, in 

subsection (1) of thi ection shall be agents of the aho transportation 

department and the pu .c utilities commission for e purpose of collecting 

regulatory and registrati fees pursuant to se ions 61-811 and 61-812, 

Idaho Code, and for collectin fees and permit pursuant to chapter 4, title 

49, Idaho Code, which fees hav not otherwi e been lawfully paid by transporters to the public utilities co ission he Idaho transportation department or a county assessor in this st te nd for issuing permits pursuant to , 

section 49-22202 [49-2202], Idaho C All moneys collected by the department's employees as agents ofthe aho ansportation department and the 

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) of this section shall ert proper authorities 0 eace officers regarding 

violations pursuant t this chapter,' violations, purst nt to title 61, Idaho 

Code, and violatio pursuant to title 49, Idaho Code, a d violations to any 

rules and regulations issued pursuant to any of the afo mentioned code 

sections. 

All actio rought for violations of the provisions of this ch ter or rules 

,.

,; •. :..:.1. . 

d 

, 

. 

.
 .~~. f 

t . '.~,

• 

and regu tions promulgated pursuant thereto shall be brought as provided 

for in is chapter. All actions brought for violations of the pro~ions of 

~itle 1, I~aho Code, or of title 49, Idaho Code, shall be brought as Pri>~' ded 

lose titles. [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 and records to be preserved - Entry and inspection 

by department of health and welfare. 

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

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

. . . . ..	 . 

- -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 of the / 

department may be neede to meet reasona~e"'requirementsimposed on 

the hazardous waste disposa fee refund account. . 

(2) The balance remaining WI the te treasurer after deducting the 

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

than quarterly as follows: ninety- ' e p cent (95%) shall be remitted to the 

hazardous waste training, e gency an monitoring account created in 

section 39-4417B, Idaho Co ,and the remai 'ng five percent (5%) shall be 

remitted to the county asurer of the county 0 counties where the activity occurred which c ed the fees to be assessed p suant to this chapter. 

Moneys shall be portioned to the counties in the 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 caused by 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.