..
 

• DEPARTMENT OF HEALTH AND WELFARE
 

RULES AND REGULATIONS
 

•
 

ENVIRONMENT
 

TITLE I
 

CHAPTERS 1 THROUGH 8
 

•
 
, . TITLE 1
 

Chapter 5
 

RULES, REGULATIONS AND STANDARDS FOR HAZARDOUS WASTE
 

TABLE OF CONTENTS • 01.5000 LEGAL AUTHORITY ­

01.5001	 TITLE
 

01.5002, INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS
 

01.5002,01. Exceptions
 

01.5002,02. Availability of Referenced Material
 

01.5003, DEFINITIONS
 

01.5003,01. Act
 

01.5003,02. Board
 

01.5003,03. Department
 

01.5003,04. Director
 

01.5003,05. Environmental Protection Agency (E.P.A.)
 

01.5003,06. HWMA
 

01.5003,07. IDAPA
 

01.5003,08. Regional Administrator
 

01. 5003,09. TSD
 

01.5003,10. United States
 

01.5004	 HAZARDOUS WASTE MANAGEMENT SYSTEM
 

•
 01.5005 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
 

01.5006,	 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE.
 

01.5006,01.	 Pretransport Requirements .for Generators
 

of More Than 1,000 Kilograms of Hazardous
 

Waste Per Month
 

01.5006,02.	 Pretransport Requirements for Generators
 

of 100 to 1,000 Kilograms of Hazardous
 

Waste Per Month
 

01.5007	 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
 

01.5008	 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
 

TREATMENT, STORAGE AND DISPOSAL FACILITIES
 

01.5009	 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
 

HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL
 D 

FACILITIES ·Lw 

,0 

01.5010,	 STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS
 

WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES
 

01.5011	 LAND DISPOSAL RESTRICTIONS
 

01.5012	 HAZARDOUS WASTE PERMIT PROGRAM
 

• 01.5013 PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES 

FOR RCRA OR HWMA PERMIT APPLICATIONS 
HAZARDOUS WASTE c IDAPA (;.01.5000 CONTENTS ., 

01.5014
 

01.5015
 

01.5356,
 

01.5357
 

01.5500,
 

01.5501
 

01.5750,
 

INTERIM STATUS SURFACE IMPOUNDMENTS
 

-- 01.5355 (RESERVED)
 

VARIANCE 

01.5356,01.
 

APPLICATIONS FOR TSD FACILITIES OR SITES
 G

01.5356,02.
 

01.5356,03.
 

01.5356,04.
 

01.5356,05.
 

Application Contents and Standard of 

Review 

Public Hearings 

Public Information 

Director's Decision 

Applicant to Bear Costs 

01.5499 (RESERVED)
 

ROUTING OF HAZARDOUS WASTE SHIPMENTS
 

01.5500,01. Transporting
 

01.5500,02. Director's Conditions
 

-- 01.5749 (RESERVED)·
 

PUBLIC AND CONFIDENTIAL RECORDS
 

01.5750,01. Public Disclosure
 

01.5750,02. General Scope of Records
 

01.5750,03. Records Exempt from Disclosure
 

01.5750,04. Request Procedure and Appeals
 01~5750,05. Fees ..
 

01.5750,06. Interagency and Intra-agency Disclosures
 

01.5751 -- 01.5799 (RESERVED)
 

01.5800, INSPECTION PLAN
 

01.5800,01. Frequency Levels
 

01.5801·-- 01.5849 (RESERVED)
 

01.5850, ILLEGAL ACTIONS ,
 

01.5850,01. False Statements or Representations
 

01.5850,02. Failure to Comply With These Rules,
 

The HWMA, or Other Requirements
 

01.5851 -- 01.5899 (RESERVED)
 

01.5900 EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS
 

01.5901 -- 01.5997 (RESERVED)
 

01.5998 INCLUSIVE GENDER AND NUMBER
 

01.5999 SEVERABILITY
 

o
 

c 
TITLE 1
 

Chapter 5
 

RULES, REGULATIONS AND STANDARDS FOR HAZARDOUS WASTE
 

• 01.5000 LEGAL AUTHORITY. These regulations are adopted pursuant 

to the authority vested in the Board of Health and Welfare by the Hazardous Waste Management Act of 1983 

(HWMA), Sections 39-4401 et seq., Idaho Code. (6-10-88) 

01.5001	 TITLE. These regulations shall be known as Idaho Department of Health and Welfare Rules and Regulations, Title 

1, Chapter 5, "Rules, Regulations and Standards for Hazardous Waste." (6-10-88) 

01.5002,	 INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS. Any 

reference in these rules to requirements, procedures, or 

specific forms contained in the Code of Federal Regulations (CFR), Title 40, Parts 124, 260-266, 268 and 270, 

shall constitute the full adoption by reference of that 

part and subpart as it appears in 40 CFR, revised as of 

July 1, 1987, including any notes and appendices 

therein, unless expressly provided otherwise in these 

rules. A numeric list of those subparts can be found in 

Appendix A. (6-10-88) 

• 

01. Exceptions. Nothing in 40 CFR Parts 260 - 266, 268, 

270 or Part 124 as pertains to permits for Underground Injection Control (U.I.C.) under the Safe 

Drinking Water Act, the Dredge or Fill. Program 

under Section 404 of the Clean Water Act, the 

National Pollution Discharge Elimination System 

(NPDES) under the Clean Water Act or Prevention of 

Significant Deterioration Program (PSD) under the 

Clean Air Act is adopted or included by reference 

herein.	 (6-10-88) 

02.	 Availability of Referenced Material. Copies of the· 

federal regulations adopted ,.by reference 

throughtout these rules are available in the following locations: (6-10-88) 

a.	 Superintendent of Documents, U.S. Government 

Printing	 Office, Washiungton. D.C. 20402: and 

(6-10-88) 

b.	 Administrative Procedure Section, Idaho 

Department of Health and Welfare Central 

Office, 450 W. State Street, Boise, Idaho 

83720: and . (6-10-88) 

c.	 All Regional Offices of the Idaho Department 

of Health and Welfare, as follows: (6-10-88) 

• 

i . Region I, 1120 Ironwood Drive, Coeur 

d'Alene, Idaho 83814 . (6-10-88) 

i i . Region II, P.O. Drawer B,	 Lewiston, 
P-AZARDOUS WASTE () IDAPA 16.~.5002,02.C.ii. ., 

Idaho 83501. (6-10-88) 

iii. Region III, P.O. Box 1219, Caldwell, 

Idaho 83606-1219.	 (6-10-88) 

iv. Region IV, 1105 South	 Orchard, State­ o

houseMail.Boise.	 Idaho 83720. 

(6-10-88) 

v.	 Region V, P.O. Box 1509, Twin Falls, 

Idaho 83303-1509. (6-10-88) 

t

I 

vi.	 Region VI, P.O. Box 4166, Pocatello, 

Idaho 83205-4166. (6-l0-88) 

vii.	 Region VII, 150 Shoup Avenue, Idaho 

Falls, Idaho 83405. (6-10-88) 

d.	 Those libraries listed in Section 67-5205, 

Idaho Code. (6-10-88) 

01.5003,	 DEFINITIONS. For the purpose of these rules and any 

materials incorporated herein by reference, the following definitions apply unless their application would be 

inconsistent with the IQaho Hazardous Waste Management 

Act, or unless these regulations expressly provide for 

different definitions. (6-10-88) 

01.	 Act. The Hazardous Waste Management Act of 1983, 

Section 39-4401 et seq., Idaho Code. (6-10-88) o 

02.	 Board. The Idaho Board of Health and Welfare. 

(6-l0-88) 

03.	 Department. The Idaho Department of Health and Welfare. (6-l0~88)

04.	 Director. The Director of the Idaho Department of 

Health and Welfare. (6-10-88) 

05.	 Environmental Protection Agency (E.P.A.). The Idaho 

Department of Health and Welfare. (6-10-88) 

06.	 HWMA. The Hazardous Waste Management Act. (6-10-88) 

07.	 IDAPA. Idaho Administrative Procedures Act, Chapter 

52, Title 67, Idaho Code. (6-10-88) 

08.	 Regional Administrator. The Director of the Idaho 

Department of Health and Welfare. (6-10-88) 

09.	 TSD. Treatment, storage or disposal. (6-10-88) 

10. United States. The State	 of Idaho. (6-10-88) 

o
 
HAZARDOUS WASTE	 IDAPA 16.01.5004
 -


• 01.5004 

01.5005 

01.5006, 

• 

01.5007 

01.5008 

• 01.5009 

HAZARDOUS WASTE MANAGEMENT SYSTEM. 40 CFR Part 260 and 

all subparts are herein incorporated by reference as 

provided in 40 CFR, revised as of July 1, 1987.(6-10-88) 

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 40 CFR 

Part 261 and all subparts are herein incorporated by 

reference as provided in 40 CFR, revised as of July 1, 

1987. (6-10-88) 

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 

40 CFR Part 262 and all subparts are herein incorporated 

by reference as provided in 40 CFR, revised as of July 

1, 1987, as amended by Volume 52, Federal Register 25760 

(July 8; 1987). (6-10-88) 

01.	 Pretransport Requirements for Generators of More 

Than 1,000 Kilograms of Hazardous Waste Per Month. 

Emergency notification to the state by generators 

of more than one thousand (1,000) kilograms of hazardous waste per month. In addition to the emergency notification required by 40 CFR, Part 

265.56(d)(2) (see 40 CFR 262.34(a)(4», the emergency coordinator must also immediately notify the 

State Communications Center by telephone, 

1-800-632-8000, to file an identical report. 

(6-10-88) 

02.	 Pretransport Requirements for Generators of 100 to 

1,000 Kilograms of Hazardous Waste Per Month. Emergency notification to the state by generators of 

one hundred (100) to one thousand (1,000) kilograms 

of hazardous waste per month. In addition to the' 

emergency notification required by 40 CFR, Part 

262.34(d)(5)(iv)(c), the emergency coordinator must 

also immediately notify the State Communications 

Center by telephone, 1-800-632-8000, to file an 

identical report. (6-10-88) 

STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 

40 CFR Part 263 and all subparts are herein incorporated 

by reference as provided in 40 CFR, revised as of July 

1, 1987. (6-10-88) 

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 

264 and all s~bparts "(excluding 40 CFR, Parts 264.149 

and 264.150) are herein incorporated by reference as 

provided in 40 CFR, revised as of July 1, 1987, as 

amended by Volume 52, Federal Register 25760 (July 8, 

1987). (6-10~88)

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 

HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 265, and all subparts (excluding 

Subpart Rand 40 CFR Parts 265.149 and 265.150) are 

I 
HAZARDOUS WASTEC ~DAPA 16.01.5009 .. 

herein incorporated by reference as provided in 40 CFR, 

revised as of July 1, 1987, ~s amended by volume 52 Federal Register 25760 (July 8, 1987). (6-10-88) 

01.5010, STANDARDS FOR TEE MANAGEMENT OF SPECIFIC HAZARDOUS o 

WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES. 

40 CFR Part 266 and all subparts are herein incorporated 

by reference as provided in 40 CFR, revised as of July 

1, 1987, except: (6-l0~88)

01. Subpart Ai and (6-10-88) 

t

! 

01.5011 

02. Subpart B. (6-10-88)

LAND DISPOSAL RESTRICTIONS. 40 CFR Part 268 and all 

subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, as amended 

by Volume 52, Federal Register 25760 (July 8, 1987). 

However, the requirements of Sections 39-4403(14) and 

39-4423, Idaho Code, shall be applied in all cases where 

these requirements are more stringent than the federal 

standards. (6-10-88) 

01.5012 HAZARDOUS WASTE PERMIT PROGRAM. 40 eFR Part 270 and all 

subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, as amended 

by Volume 52, Federal Register 25760 (July 8, 1987). 

(6-:10-88) 

01.5013 PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR C.. RCRA OR HWMA PERMIT APPLICATIONS. 40 CFR Part 124, 

Subpart A is herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987. (6-10-88) 

01. INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance wi~ ection 3005(j) of the Resource Conservation an~eCOv

. ct (RCRA) (42 U.S.C.6925 (j» which herein 

incor 

tence 

ated by reference, surface impoundm 

on ovember 8, 1984, and qualif . g 

s in exisfor interim £? 

status shall t receive, store or tr hazardous waste 

after November 8, 988, unless re fitted to meet standards applicable to impoun ents or subject to an 

exemption. Copies of the ral statute herein incorporated by reference ar ava'lable in the locations provided in Section 01 002,02. ~f: these rules. Standards 

applicable to ne urface impoundme which are referenced in Sec' n.3005(j) of RCRA as req . ements of Section 3004 (42 U.S.C. 6924(0» appear in ~~eral regulatio as 40 CFR Sections 264.221-231 and 26S~221-230

an re incorporated as provided in Sections 01. 5(ro'8~nd

.5009 of these rules. ( 1-1-8'9':l~- ...................-c, 

/ 

01.5015 -­ 01.5355 (RESERVED) 

e 

01.5356, VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES o 
HAZARDOUS WASTE	 IDAP~6.01.5356,01.
 

• 01. Application Contents and Standard of Review. Applications for variances shall be submitted in triplicate and shall contain such detailed plans, specifications, and information regarding objectives, 

procedures, controls, and other pertinent data as 

the Director may require. A variance shall not 

exceed on~ (1) year in duration. The Director may 

grant a variance only if the applicant demonstrates 

to the Director's satisfaction that construction 

and operati9n of the TSD facility or site in the 

manner allowed by the variance and any term or condition imposed as part of the variance: (6-10-88) 

a.	 Is required to avert unnecessary and significant hardship; (6-10-88) 

b.	 Is not inconsistent with EPA requirements; and 

•
 

•
 
c C HAZARDOUS WASTE . , IDAPA 16.01.5356,Ol.b. 

(6-10-88)
 

c. will not create a nuisance or a hazard to the 

public health, safety or the environment. 

(6-10-88) o 

02. Public Hearings. The Oirector may hold a public 

, 

t 

I 

hearing on an 'initial application for a varlance 

and shall hold a public hearing on any application 

to renew or extend a variance. The public hearing 

shall be held at a location in the county where the 

operations that are the subject of the application 

for the variance are conducted unless the Director 

determines that a different location would be more 

appropriate and convenient for interested members 

of the public. The Director shall give at least 

twenty (20) days' notice of the hearing to the 

applicant by certified mail and shall cause at 

'least one (1) publication of notice in a newspaper 

with general circulation in either the county where 

the operation is conducted or the county where the 

hearing is to be held. The Director shall cause to 

be made a complete record of the testimony and the 

evidence submitted at the hearing. (6-10-88) 

03. Public Information. All information submitted as 

part of a variance application shall be treated as 

public infor~ation and, shall not be subject to any 

claim of confidentiality. The Director shall make 

the application available for public inspection at 

C' 

the Department's central office and at the appropriate local field office of the Department's Division of Environment. The Director shall make available for public inspection at the Department's 

tral office and at all local field offices of 

centhe 

Department's Division of Environment a ~urrent i~st

of pending applications for variances and a current 

schedule of pending variance hearings.. (6-10-88) 

04. Director's Decision. No variance shall be issued or 

denied until the Director has considered the relative interests of the applicant, other persons and 

property affected by the variance and the public. 

Any variance granted pursuant to this section shall 

be for a period specified by the Director. No variance shall be issued or denied without a written 

order stating the findings upon which 

is based. 

the decision 

(6-10-88) 

05. Applicant to Bear Costs. The cost of public notice, 

recording and transcribing of testimony and hearing 

facilities shall be borne by the applicant, regardless of whether or not a variance is issued. 

(6-10-88) () 
HAZARDOUS WASTE
 

• 

01.5357 -- 01.5499 (RESERVED)
 

ROUTING OF HAZARDOUS WASTE SHIPMENTS
 -: 

Transporting. Any person transporting a quantity Of~ hazardous waste which requires a manifest shall 0 

he extent possible: (6- -88) 

a. e state and interstate 

b.	 Avoid mu "cipa1ities opulation centers, 

even when oing so add miles to the distance trave1e (6-10-88) 

02.	 Director's ConditiDirector may, upon a 

flndlng that shipments of hazardous 

waste consti tB normal risk to the 

public he h, safety or environ t, prescribe by 

order articular conditions for at shipment or 

shi ents including but not limite to· special 

carding, pilot vehicles, routing res ictions, 

parking restrictions and timing restriction 

(6-1 ~)

01.5501 -- 01.5749 (RESERVED)

•	 PUBLIC AND CONFIDENTIAL RECORDS 

Public Disclosure. Records obtained by the Depar 

ment or submitted to the Department pursuant to 

HWMA or these regulations shall be available the 

blic for inspection and copying upo equest 

un s exempted from disclosure as p vided by 

these egulations. (6-~0-88)

02.	 General Sc e of Records. "Record' any document, writl , photograph, magnetic 

recording, dra "ng, or sim" ar thing by which 

information has be preser d, from which information can be retrie d copied, and which is in 

the possession of the Rartment. The term does not 

include: (6-10-88) 

a.	 Materials a Department 

employee personal capac­ ·ity; 0 (6-10-88) 

b.	 Ma rials published by.non-Departme organiations which are readily avai1ab to the 

public, such as books, journals, and p~odi­

•
 

cals available through reference librari~~,
 

even if such materials are in the possession,
 

of the Department; or (6-10-88) ,
 
..	 C
 

HAZARDOUS WASTE	 IDAPA 16.01.5750,02.c. 

c. Compilations of 

ecords.	 

material from 

03. 

o

a.	 Con idential business records. The Di ector 

may certify records as confidential 

reque t demonstrating, to the Director' 

isfact'on, that public 

cific cords would divulge methods, 

ses, or ctivities constituting trad 

Failure 0 request confidentiality r make the 

required showing at the time t record is 

obtained 0 submitted shall subjec the record

to public 'sclosure requests wit out notice. I 

1.	 Any bu iness seeking co 

records submitted to he Department, 

shall s bmit the re ords in a sealed 

- envelope marked "CO IDENTIAL" along 

with a req est for c fidentiality. Any 

business eeking onfidentiality of 

records not ubmitt d by the business, 

but obtaine by t e Department through 

inspection or ot~ r means, shall submit 

a request for nfidentiality within 

twenty (20) wo ing days from the date 

confidentialit 

the record was 

s 

tained. 

all be 

A 

in 

request 

writing and 

for 

c

(a) 

in the record c

a

dist' guishes

other

laim is made;

(b) A affidavit stating

isclosure of

ivulge trade secrets,

showing that

taken and will maintain

measures to

tion; the information is

sonably available

nonjudicial means

than the government

sent of the business; and,

include the f 10 'ng: (6-10-88) 

all information 

aimed as confiden­ wh~ch clearly 

s ch information 

infor ation for which 

a d (6-10-88) 

ow and why 

the \ecord would 

including a 

the bus'ness has 

easonable 

protect th informaot reaby Ie itimate 

to person other 

without condi closure of the information is 1i ely 

to substantially harm the compe~itive position of the business. \ 

(6-l0-88~ (; 

\. 

availability, of spe­

(6-10-88) 
.. e 

HAZARDOUS WASTE	 IDAPA l6.0l.5750,03.a.ii. 

• ii. The Director shall, within twenty 

woiking days after receiving 

request, accept or reject any req 

or confidentiality.	 (6-10 

When the request is satisf ctory 

to the Director, in whole or part, 

the record or relevant par shall 

be certified by the Dire tor as 

confidential and is ex pt from 

disclosure to the public. The peron requesting confi entiality 

all be promptly notif ed. 

(6-10-88) 

(b) the request is satisfac­

• 

to the Directo , in whole or 

in art, the per on requesting 

confrdentiality s all be promptly 

notif ed of tha decision and 

given at least ten (10) working 

days t suppleme t the request or 

limit he sco e of records to 

which tH requ st pertains. If the 

suppleme t is ot submitted within 

the time period allowed or is 

unsatisfa to y to the Director, 

the Direct shall promptly notify 

the person f that determination 

and provo twenty (20) working 

days in wpic to file an appeal. 

If writlen a peal to 'the Director 

is not L:'iled within the twenty

(20) day per'od, or the Director 

denies/the req est forconfidentialityi after a hearing on the 

appt:l, the re ord shall be subjec to public disclosure. The Di~ectorls actio on the appeal 

constitutes final agency action ~6r purposes of judicial review 

under the Adminis rative ProceIdures Act. (6-10-88) 

b.	 confident~ department records. he Director 

may dec11ne disclosure of a re ~d' or part thereof,jif the record contains or its disclosure w~ld reveal matters that are: (6-10-88) 

I	 . 

i. I.Specifically exempt from disc~osure by 

• 

! Idaho statute or regulations: 9r 

:' (\6-10-88) 

\ 

.. / 

11/.	 Interagency or intra-agency m~moranda or letters which would not be available 

\, 

\. 
.. HAZARDOUS WASTE	 IDAPA 16.01.5750,03.b.ii. 

\~.y law to	 a party other than an

1n litigation with the Department; 

o 

iii.	 vestigatory records compiled 

e forcement purposes, but only t 

ex ent that disclosure of such re 

wo

(b) prive a

ir trial

ld: (6- 0-88) 

with enforcemen proor ( -10-88) 

It person of.a rig t to a 

or an imparti 1 adjudica ion; or (6-10-88) I 

(c)	 Con titute an unwarran ed invasion 

Procedure and Appeal

requests

g the

y allows

ecord.

the ureau

Endanger

safety of

Discl se the identit

dentia source; or

requests. 

writing 

which reas 

location of 

addressed t 

of p rsonal privacy: r (6-10-88) 

(d)	 a confi­

(6-10-88) 

(e)	 techniques 

(6-10-88) 

(f)	 physical 

personnel. 

(6-10-88) 

04.	 Reguest o

a.	 Record shall be 

made in record sought 

in a manner identification and The request 

shall be of Hazardous 

Materials, Division f Envir~nment, Department 

of Health and Welfar , 450 W~~t State Street, 

3rd Floor, BUildi~, Boise, Idaho 

83720. \	 (6-10-88) 

i. records ~hich are prepared by the Department for routine 

distribu on, i.e., pamphlets, copies \

of spee hes, press releas~s and educational aterials, may be made orally or 

in wri ng and the Depart~ent shall 

honor such requests in a\reasonably 

promp· and informal manner. \ (6-10-88) 

\ 

\ 

ii.	 The epartment shall make reasonable 

efforts to assist in the identDfication an~ description of records so~ght and 

ords 

agenc 

or 

(6-10- 8) 

Towe s 

the formulation of record requests. The 

~epartment I	 may h ' 

I 

seek to narrow	 t e scope C)
HAZARDOUS WASTE IDAPA16~.S7S0,04.a.ii.

• 

stated requests through co~ s ltation and agreement with the 

re uestor in order to reduce the adm'nis rative burden of processing bro ~ly

sta ed requests and minimize the ees 

paya Ie by the	 requestor. (6-1 -88) 

iii.	 description of the r cords 

by a request is not suf icient 

nably allow the Depart ent to 

identif and locate the r quested 

records, the Department shal notify 

the req star that the requ st cannot 

be furthe processed until dditional 

informatio is furnished. (6-10-88) 

• 

b. Initial determinat on. The Depa shall 

respond to requests within areas nable period 

of time, but not later than twe ty (20) working days after recei ing the re uest, in writing stating which of the re ested records 

will, and which wiI not e available for 

inspection and copying and the reason for 

denial of any reque t. ny denial shall 

include notification that appeal may be 

made in writing withit irty (30) calendar 

days of receipt of the de ·al. (6-10-88) 

i.	 Any period of time Department 

notification tha t e request does not 

reasonably ident"fy t e records sought, 

and the date 0 whi h the requestor 

responds shall be e cluded from the 

twenty (20) wo ing da period. 

(6-l0-88) 

ii.	 Any person m kinq a t pertaining 

to a reco being con idered by the 

Director fo certification. as confidential busi ess information shall be 

notified that the reques cannot be 

further p ocessed until a f"nal decision as to the confidential"ty of the 

busines record is reached by the 

Direct r. Any period of tim between 

the d e of the notice and t~ final 

decis on shall be excluded rom the 

twen y (20) working day period. 

(6 

• 

iii. An period of time between the dat of 

nptice that prepayment or assuran~ of 

payment of fees generated by \the 

frequest is required, and the date\on 

jwhich payment or other satisfactd~y

/

I	 \ 

\

\ 

\ 

\ 
.:

IDAPA)16. 01. 5750,04. b. iii. " 

d 

arrangement is made shall be exclud d 

from the twenty (20) working ay 

period.	 (6-10 8) o 

c.	 Admi istrative appeal. Any person 

reque t has been denied in whole or part 

initi determination may appeal that denial 

within thirty (30) calendar days of r ce1v1ng 

the ini ial determination. The appeal shall be 

made in riting and addressed to the ureau of 

Hazardous Materials, Division of E ironment, 

Departme~ 6f Health and Welfare, 450 West 

State Str et, 3rd Floor, Tower Building, ,	 

Boise, Idah 83720. (6-10-88) 

,~ i.	 The ap ellant shall be a forded a hear­

!	 ing by he Director and final decision s 11. be made by he Director, in 

accordan e with the co tested case provisions f Ida 0 Administrative 

Procedures Ti Ie 67, Chapter 52, 

Idaho Code. (6-10-88) 

(a)· final decision on 

shall be completed 

within th r y (30) working days of 

the Depart ent's receipt of the 

written peal unless the parties 

agree otYer . se. . (6-10-88) . o 

(b)	 The Dir}ctbr' final decision on 

the ~peal 0 failure to make a 

final decision ithin the required 

time period shal constitute final 

age~cy action for the purposes of 

jud1cial review ~der the' Idaho 

A~inistrative Pro edures Act. In 

event of judici 1 review, puruant to Section 2-117, Idaho 

Code, the court sh 11 award the 

person reasonable att rney fees, 

I	 witness fees and reasonable 

expenses, if the court finds in

I

I 

j 

favor of the person and Iso finds 

that the Department acte without 

a reasonable basis in fact or law. 

( 10-88) 

.. 05.	 Fees. F es shall be charged to any person re uestrng- for the cost of both Depar ment ..	 r 7cords employfte time required to identify, collect, c~py,

certifY or mail requested records and other· actual 

expenses reasonably incurred by the Department\in I • 

re~pondlng to the request.	 (6-10-88~

;'	 

\

\

() 

\ 

/ 
" .. HAZARDOOS WAS'!E	 

•

IDAPA 16.01.5800,01.d. 

•
 

01.5801 

01.5850, 

• 

01.5851 • 01.5900 

d •	 Transport facilities or. sites--two' (2) ~i welve .(12) times per year.	 (6-10 ~~

e.	 Ge er'ators-two (2) to twelve (12)
 

yea •
 

f.	 Nothi in the preceding schedule of requency 

level may be construed as limi ing the 

Oepar nt's authority to conduct 'nspections 

when th re is reasonable cause to suspect a 

violatio of the Act or thes rules. The 

Director y be policy 'gu~aan e memorandum 

:modify	 the inspection frequency, levels as necessary for he effective or ef icient. enforcement of the ct and these ru (6-10-S8) 

-- 01.5849 (~SZRVED)

ILLE~ AC~IONS

01.	 False State~ents or Re rese tations. Any person who
 

makes a false s~a~emen~ or representation in any
 app.~ca_~on, " +e' 1ab' man e_, '~es_,	 rec~ra,. repor_,
 .. permit or other doc~ent fi d, maintained or"used for 

the purpose of complyin ;th these rules or thE 

-Act thereby commits a vio tion. Each false statement or re~resentatio cons itutes a se~arate and ·disti~ct violation f r which civil pe~alties may be 

imposed. Any pers n who k.owingly makes a false 

statement or repr entation of the type described 

above is, in a ition to civi penalties, subject 

to criminal pro cution for the oommission of a 

misdemeanor fo each statement or representation. 

(6-10-S8) 

02.	 Failure to =~lv With The~e Rules, ~., or Ot~e: Rc~ ~rements. Any person wno vioiates these 

rules, th Ac~, or any permit, standa_d, c~ndition,

requirem nt, compliance agreement or rder issued 

'pursuan to these rules or the Act the eby commits ro 

a viol tion.Civil penalties may be i posed for as. 

each separate 'violation and for each da of a con-­

tin ng violation. Any person who ,knowing commits~

v, elation of the type described above is, in u 

ition to civil penalties, subject to riminalLW 

osecution for the commission of a misdemea or for~

each separate violation and for each day of a continuing violation. (6-1 -S8) 

01.5899 (RESERVED)	 \ 

EXPENDITURES FROM HAZARDOOS WASTE' EMERGENCY ACCOONT~\

\ 

\ 

\ 

'.. 
HAZARDOUS WASTE	 () 

IDAPA o16.01.S7S0,05.a. ".~, . , . 

0 the ge 

require fee payment or sa 

of fee payment e 

1. 

The Department may

isfactory assurance

searching for,

requested records.

romptly notify

etter of the need

a surance of payment.

b. 

duplicating or 

ting the

f the fee;

(6-10-88)

if:

disclos ng 0 

The Department s all 

the requestor by telepho e or 

to make payment or p ovide 

(6 10-88) 

or waived 

cost of seeking and coll 

would exceed the amount 

. i L,	 T e Director determines reduction or 

wa"ver of the fee would rimarily benefit the general publ'c. Requests for 

red tions or waivers f fees may be 

made ·with any reco d request or in 

respo e to a Depar ent request for 

paymen or assura ce of payment and 

shall i clude an explanation of the 

benefit ral public. (6-10-88) 

06.	 Disclosures'. As necessary, confidentlal "nf mation acquired by the 

Department under the pr vi ions of the Hazardous 

Waste Management Act of 983, as amended, or these 

regulations, may be tran itted to EPA, the United 0 

States Department of Tr nsportation, the Idaho 

State Tax Commission, or uch other federal or 

state agencies whic make an adequate showing of 

need to the Director provide such transmittal is 

made under a contin ed restri ion of confidential01.5799 (RESERVED)

INSPECTION PLAN

ity. (6-10-88) 

01.5751 -­

01.5800, 

01.	 Department may" as time and 

conduct regular \inspections of 

persons or ntities subject to these ~ules, their 

records, nd property at approximately\the foll~wing frequ ncy levels based upon potentia~ lrisk to 

the publ"c health or environment. ~~6-10-88)

a.	 C ercial TSD facilities or sites or\ offsite 

enerator TSD facilities or sites; up ~o every 

ay. (6',\J.0-88) 

b.	 Generator onsite TSD facilities or site§\-two 

(2) to twenty (20) times per year. (6-10,88) 

Transport vehicles as necessary_ (6-10-88) f­

/

/ 
.... c.. 

HAZARDOUS WASTE • IDAPA 16.01.5900

-,
 

•
 

The irector ~ay declare a hazardous waste emergency if
 

the p lic health, safety or the environment are threat~
 

ened ti a release or threat of release of a hazardous _
 waste or . substance which has become a hazardous w gte.
 

Following hazardous waste emergency declaratio, the 

Department ay spend or obligate to be spent 'to two 

hundred thous d dollars ($200,000) from the azardous 

Waste Emergen Account and from the Haz rdous Waste 

Training, Emerge y, and Monitoring Accou by appropriation, to obtain e uipment and materials conduct investigations, test sam es, and employ p sonnel as necessary or eliminate 0 mitigate the' ediate threat and 

stabilize the situatio The Dire or may authorize the 

,expenditure or obligatio of mor than two hundred thousand dollars ($200,000) f m ese accounts in any given 

situation upon a finding y the Board that a greater 

expenditure or obligation's rudent and necessary to 

protect the public heal ,_ saf y or environment. -	 (6-10-88) 

01.5901 

01.5998	 INCLUSIVE GEN NUMBER. For the p rposes of these 

rules, wor used in the masculine 9 der include the 

feminine, r vice versa, where appropriat. (6-10~38)

• 

01.5999 SEVE ILITY. The provisions of these rules re severabl and if a provision or its applica-tion i decLa r ed 

i.J.1 alid for any reason, that declaration will -affect 

~he validity of the remaining provisions. 10-eS) 

.: 

/ 
C) o
 .. ..I.• 

APPENDIX A o 

This ~ppendix displays a numerical listing of the sUbparts with 

a s socLat.ed s ubpar t; heading - for all materials incorporated by 

I 

J


., 

.. ." 

• 

:~

reference 

01.5004 

01. 

02. 

03. 

01.5005 

01. 

02. 

o~.

04. 

01.5006 

01. 

02. 

03. 

04. 

05. 

06 • 

07. 

01.5007 

01. 

02. 

03. 

01. 5008 

01. 

02. 

03. 

04. 

05. 

06. 

07. 

08. 

in these rUles, regulations and standards.
 

HAZARDOUS WASTE MANAGEMENT SYSTEM.
 

General. Subpart A:
 

Definitions. SUbpart B:
 

Rule-making Petitions. Subpart C.
 

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.
 

General. Subpart A:
 

Criteria for Identifying the Characteristics of
 

Hazardous Waste and for Listing Hazardous
 

Waste. SUbpart B:
 

Characteristics of Hazardous Waste. SUbpart c.
 

Lists of Hazardous Wastes. SUbpart D.
 

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS W~STE.
 

General. SUbpart A;
 

Manifest. SUbpart B:
 

Pre-transport Requirements. SUbpart c;
 

Recordkeeping and Reporting. Suppart D:
 

Special Conditions. Subpart E;
 

Imports of Hazardous Waste.
 

Farmers. SUbpart G.
 

STANDARDS APPLICABLE. TO
 

WASTE.
 

General. Subpart A:
 

compliance with the
 

Subpart F:
 

TRANSPORTERS
 

Manifest
 

o 

OF HAZARDOUS 

System and 

Recordkeeping. SUbpart B:
 

Hazardous Waste Discharges. Subpart C.
 

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
 

TREATMENT, STORAGE AND DISPOSAL FACILITIES.
 

General. SUbpart A;
 

General Facility Standards. Subpart B;
 

Preparedness Prevention. Subpart C;
 

Contingency Plan and Emergency Procedures. Subpart 0;
 

Manifest System, Recordkeeping, and Reporting.
 

SUbpart E;
 

Release from Solid Waste Management Units. SUbpart F;
 

Closure and Post-Closure. SUbpart G;
 

Financial Requirements. Subpart H;
 

j' 

1 ..

lUI
 
•
 

• 09. 

10. 

11. 

12. 

13. 

14. 

15. 

01.5009 

01. 

02. 

03. 

04. 

05.

., 

., 

06. 

07. 

08. 

09. 

10. 

11. 

e. 12. 

13. 

14. 

15. 

16. 

17. 

01. 5010 

01. 

02. 

03. 

04. 

05. 

06. 

07. 

01. 5011 

01. 

• 

02. 

03 . 

Use and Management of containe-rs. Subpart I;
 

Tanks. SUbpart J;
 

Surface Impoundments. Subpart K;
 

Waste Piles. SUbpart L;
 

Land Treatment. SUbpart M;
 

Landfills. SUbpart N;
 

Incinerators. SUbpart O.
 

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 

HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL 

FACILITIES. 

General. SUbpart A; .~ General Facility Standards. Subpart B; 

Preparedness and Prevention. Subpart C; 

Contingency Plan and Emergency Procedures. SUbpart D; 

Manifest System, Recordkeeping and Reporting. Subpart 

E; 

Ground-Water Monitoring. SUbpart F; 

Closure and Post-Closure. SUbpart G; 

Financial Requirements. Subpart H; 

Use and Management of containers. SUbpart I; 

Tanks. Subpart J; 

Surface Impounds. Subpart K; 

Waste Piles. SUbpart L; 

Land Treatment. SUbpart M; 

Landfills. SUbpart N; 

Incinerators. SUbpart 0; . 

Thermal Treatment. SUbpart P; 

Chemical, Physical and Biological Treatment. Subpart 

Q. 

STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS
 

WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE
 

FACILITIES.
 

SUbpart A. (RESERVED)
 

Subpart B. (RESERVED)
 

Recyclable Materials Used in a Manner Constituting
 

Disposal. SUbpart C;
 

Hazardous Waste Burned for Energy Recovery. SUbpart 0;
 

Used oil Burned for Energy Recovery. SUbpart E;
 

Recyclable Materials Utilized for Precious Metal
 

Recovery. Subpart F;
 

Spent Lead Acid Batteries Being Reclaimed. SUbpart G.
 

LAND DISPOSAL RESTRICTIONS.
 

General. Subpart A;
 

Schedule for Land Disposal Prohibition and
 

Establishment of Treatment Standards. Subpart B;
 

Prohibitions on Land Disposal. SUbpart C;
 

2 
04. 

05. 

01. 5012 

01­

02. 

03. 

04. 

05. 

06. 

07. 

" 

I 

01.5013 

. .. , , 

01. 

02. 

Treatment Standards. SUbpart D;
 

Prohibitions on Storage. SUbpart E;
 

HAZARDOUS WASTE PERMIT PROGRAM.
 

General Information. Subpart A;
 

Permit Application. Subpart B:
 

Permit Conditions. Subpart C;
 

Changes to-Permits. Subpart D:
 

Expiration and continuation of Permits. Subpart E;
 

Special Forms of Permits. Subpart F: 

Interim Status. Subpart G: 

PROCEDURES FOR DECISION-MAKING (STATE 

RCRA OR HWMA PERMIT APPLICATIONS. 

PROCEDURES FOR 

General Program Requirements. Subpart A: 

Specific Procedures Applicable to RCRA 

Permits. subpart B, (RESERVED) 

or HWMA 

o
 

3 o