reglab/housing_qa huggingface dataset:
ID Code § 39-7404 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7404 - CONSISTENCY WITH FEDERAL LAW — STATUS OF APPENDICES.

39-7404. CONSISTENCY WITH FEDERAL LAW — STATUS OF APPENDICES. The legislature intends that the state of Idaho enact and carry out a solid waste program that will enable the state to achieve approved state status with respect to solid waste disposal facility regulation from the federal government. The legislature finds that subtitle D of RCRA, and in particular the code of federal regulations, title 40, part 257 and 258, establish complex, detailed and costly provisions for the disposal of solid waste. By the provisions of this chapter, the legislature desires to avoid duplicative or conflicting state and federal regulatory systems and allow local MSWLF unit owners the maximum flexibility possible under 40 CFR 257 and 258, to meet the substantive goals of protection of human health and the environment with consideration for actual site and climatic conditions. At any time that 40 CFR 257 or 40 CFR 258 is amended, any additional flexibility or extension otherwise prohibited by this chapter shall be allowed as applicable. The board may not promulgate any rule pursuant to this act that would impose conditions or requirements more stringent or broader in scope than the referenced RCRA regulations of the United States environmental protection agency or the provisions of this chapter. Until regulations are adopted, agency conclusions in appendix B through appendix H, inclusive, per the "Federal Register" of October 9, 1991, shall be used for technical guidance for relevant provisions of this chapter.  History: [39-7404, added 1992, ch. 331, sec. 1, p. 979; am. 1993, ch. 139, sec. 5, p. 350; am. 1994, ch. 75, sec. 4, p. 166.]
ID Code § 39-7405 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7405 - AUTHORITY REGARDING SOLID WASTE.

39-7405. AUTHORITY REGARDING SOLID WASTE. The local government entity with legal responsibility for disposal of solid waste pursuant to the provisions of chapter 44, title 31, Idaho Code, shall have full authority to manage and control the ownership, disposition and ultimate disposal of solid waste within its jurisdiction. It is the intention of the legislature that this grant of authority shall be construed in manner commensurate with the full extent of the duties established in chapter 44, title 31, Idaho Code.  History: [39-7405, added 1992, ch. 331, sec. 1, p. 979.]
ID Code § 39-7408 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7408 - SITE CERTIFICATION PROCEDURE.

39-7408. SITE CERTIFICATION PROCEDURE. (1) It shall be the responsibility of each applicant to obtain site certification from the director. The site certification process is hereby established to ascertain compliance with the requirements of section 39-7407, Idaho Code. (2) The site certification procedure shall be administered in the following manner: (a) Prior to submittal of the application, the applicant may conduct a site tour for the director, health district and all other public agencies with jurisdiction to familiarize the agencies with characteristics of the site and site surroundings. (b) The applicant may then submit an application to the director. The application shall address each of the criteria set forth in section 39-7407, Idaho Code, explaining the technical findings regarding each. (c) Wherever technical evaluation of relevant information is required, a qualified professional, as appropriate, shall certify compliance with the requisite criteria. (d) When the application is submitted to the director, the applicant shall publish legal notice of submittal of the application in the newspaper published in the county as determined by the criteria in section 31-819, Idaho Code, and shall make the application available for public inspection and copying. The date of publication of such notice shall begin a twenty-eight (28) day comment period during which written comments concerning the application may be submitted to the director. (e) The director shall act upon the application within twenty-one (21) days of the end of the comment period set forth above and shall enter a decision either certifying the site or rejecting the application. The director shall review the site certification application, not contravening the opinion of the applicant’s qualified professional(s) without reliable empirical evidence that the affirmations in the application are erroneous. Upon finding that the criteria of section 39-7407, Idaho Code, have been affirmed by qualified professionals, the director shall certify the site. Any rejection of a site certification application shall be accompanied by findings in writing expressly stating the criteria insufficiently documented and/or violated and the evidence relied upon in making such determination. Failure of the director to act within twenty-one (21) days shall constitute site certification. An applicant shall be provided an opportunity to appeal any denial of certification. (f) Site certification is transferable with ownership of the site. (g) Within ten (10) working days of receipt of certification from the director, the applicant shall publish notice in the newspaper provided for in subsection (d) of this section, informing the public that certification of the site has been approved.  History: [39-7408, added 1992, ch. 331, sec. 1, p. 982; am. 1993, ch. 139, sec. 8, p. 354.]
ID Code § 39-7408A (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7408A - SITE CERTIFICATION PROCEDURE FOR COMMERCIAL SOLID WASTE FACILITIES.

39-7408A. SITE CERTIFICATION PROCEDURE FOR COMMERCIAL SOLID WASTE FACILITIES. In addition to obtaining site certification as provided in section 39-7408, Idaho Code, no owner or operator of a commercial solid waste facility shall construct, expand or enlarge such a facility without a siting license from the director. Commercial solid waste facilities constructed and in operation on the effective date of this section are not required to obtain a siting license except to expand or enlarge such facilities.  History: [39-7408A, added 1996, ch. 419, sec. 2, p. 1394.]
ID Code § 39-7408C (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7408C - SITING LICENSE APPLICATION — FEE — RULES.

39-7408C. SITING LICENSE APPLICATION — FEE — RULES. (1) An application for a siting license shall include: (a) The name and residence of the applicant; (b) The location of the proposed commercial solid waste facility; (c) Engineering, hydrogeologic and air quality information to indicate compliance with technical criteria as may be provided by law; (d) A description of the types of wastes proposed to be handled at the facility; (e) Information showing that harm to scenic, public health, historic, cultural or recreational values is not substantial or can be mitigated; (f) Information showing that the risk and impact of accident during transportation of solid waste is not substantial or can be mitigated; (g) Information showing that the impact on local government is not adverse regarding health, safety, cost and consistency with local planning and existing development or can be mitigated; (h) Financial information to indicate the applicant’s financial capability to construct, operate and close a commercial solid waste facility. (2) Within thirty (30) days after receipt of the application, the director shall determine whether it is complete. If it is not complete, the director shall notify the applicant and state the areas of deficiency. (3) The application shall be accompanied by a siting license fee. The director shall establish by rule the scale for determining the siting license application fee. The fee shall not exceed seven thousand five hundred dollars ($7,500) and shall be based on the cost to the department of reviewing the siting license application. The scale shall be based on characteristics including the site size, projected waste volume, and hydrogeological and atmospheric characteristics surrounding the site. Fees received pursuant to this section may be expended by the director to pay the actual, reasonable and necessary costs incurred by the department in acting upon a siting license application. (4) The director shall promulgate rules in compliance with chapter 52, title 67, Idaho Code, to implement the provisions of this section.  History: [39-7408C, added 1996, ch. 419, sec. 2, p. 1396.]
ID Code § 39-7409 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7409 - STANDARDS FOR DESIGN.

39-7409. STANDARDS FOR DESIGN. (1) Applicability. These standards apply to new MSWLF units and lateral expansions of existing facilities as provided in 40 CFR 258.40. (2) Liner designs. All owners or operators of MSWLF units shall use one (1) of the following designs: (a) Composite liner design. A liner as provided under 40 CFR 258.40(b) and shall include a leachate collection system as provided under 40 CFR 258.40(a)(2); or (b) Alternate liner design. A site-specific design based upon environmental performance, as allowed under 40 CFR 258.40(a)(1) which will ensure that the concentration values listed in table 1, 40 CFR 258.40, or as amended, will not be exceeded in the uppermost aquifer at the relevant point of compliance. This design shall demonstrate consideration of site specific factors as provided in 40 CFR 258.40(c) and shall include a leachate collection system as provided under 40 CFR 258.40(a)(2); or (c) Arid design. A site-specific design based upon environmental performance, as allowed under 40 CFR 258.40(a)(1) which will ensure that the concentration values listed in table 1, 40 CFR 258.40, or as amended, will not be exceeded in the uppermost aquifer at the relevant point of compliance. This design shall use both field collected data and predictions that maximize contaminant migration for demonstrating no potential for migration. This design will apply to locations having less than twenty-five (25) inches of precipitation annually, net evaporative losses greater than thirty (30) inches annually, and holding capacity in native soils greater than annual absorbance; and (i) solid waste is deposited no less than fifty (50) feet above the seasonal high level of ground water in the uppermost aquifer; (ii) the geologic formation beneath the site and above the uppermost aquifer must have capillary capacities greater than the projected maximum volume of leachate generated during the active life of the MSWLF unit; and (iii) "no potential for migration" is demonstrated when the geologic formation beneath the site and above the uppermost aquifer has sufficient hydrogeological characteristics and holding capacity adequate to contain all hazardous constituents generated during the active life, closure and post-closure care periods. (3) Point of compliance. For each MSWLF unit, the relevant point of compliance shall be set by a qualified professional by criteria contained in 40 CFR 258.40(d)(1) through (d)(8), inclusive, subject to approval by the director. (4) Leachate discharge shall comply with permitted discharge requirements under the federal clean water act (PL 95-217) and federal storm water discharge regulations (40 CFR part 122).  History: [39-7409, added 1992, ch. 331, sec. 1, p. 982; am. 1993, ch. 139, sec. 9, p. 355.]
ID Code § 39-7412 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7412 - STANDARDS FOR OPERATION.

39-7412. STANDARDS FOR OPERATION. Owners or operators of all MSWLF units shall: (1) Implement a program for detecting and preventing disposal of regulated hazardous wastes as provided in 40 CFR 258.20; (2) Provide for daily cover as provided in 40 CFR 258.21. Alternative materials or cover frequency other than daily cover may be used only as specified by the MSWLF plan of operation; (3) Provide disease vector control as provided in 40 CFR 258.22; (4) Implement a program of routine methane monitoring and control as provided in 40 CFR 258.23; (5) Ensure that MSWLF units do not violate any ambient air quality standard or emission standard from any emission of landfill gases, combustion or any other emission associated with a MSWLF unit as provided in 40 CFR 258.24; (6) Provide and control access as provided in 40 CFR 258.25; (7) Design, construct and maintain a run-on/run-off control system as provided in 40 CFR 258.26 to: (a) Prevent all the run-on of surface waters and other liquids resulting from a maximum flow of a twenty-five (25) year storm, or snowmelt into the active portion of the MSWLF unit; (b) Control the collection of the run-off of surface waters and other liquids resulting from a twenty-four (24) hour, twenty-five (25) year storm, or snowmelt, whichever is greater, from the active portion and the closed portions of a MSWLF unit; and (c) Prevent the discharge of pollutants into waters of the United States and the state of Idaho as defined in 40 CFR 258.27; (8) Prohibit the disposal of noncontainerized liquids or sludges containing free liquids in MSWLF units except as provided in 40 CFR 258.28; (9) Establish an operating and recordkeeping procedure as provided in 40 CFR 258.29; and (10) Comply with operating procedures established by the board for implementation by the districts which are intended to assure operations which protect the public health and maintain the integrity of the landfill design. (11) MSWLF units that dispose of greater than twenty (20) tons per day of municipal solid waste based on an annual average shall: (a) Monitor daily climatic conditions. Monitoring shall include precipitation including snow, evaporation, evaporative water temperature, air temperature, wind speed and direction; and (b) Weigh all incoming waste or provide an equivalent method of measuring waste tonnage capable of estimating total annual solid waste tonnage.  History: [(39-7412) 1992, ch. 331, sec. 1, p. 985; am. and redesig. 1993, ch. 139, sec. 13, p. 360.]
ID Code § 39-7413 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7413 - OPERATIONS PLAN REVIEW.

39-7413. OPERATIONS PLAN REVIEW. (1) Prior to operation of a MSWLF unit, an operations plan shall be submitted to the health district with jurisdiction. It shall be the responsibility of each applicant of a MSWLF unit to certify to the health district that the provisions of section 39-7412, Idaho Code, have been complied with through development of an operating plan. No solid waste disposal facility shall accept waste without a current operating certificate from the health district with jurisdiction. (2) The health district shall review operational plans in the same manner as the director reviews requests for site certification pursuant to section 39-7408, Idaho Code. An applicant shall provide information in the operations plan in sufficient detail to show compliance with the provisions of section 39-7412, Idaho Code, and required procedures adopted pursuant thereto. The same standards of review shall apply to an operations plan as apply to the site certification process. The health district shall accept certification by a qualified professional that standards of operation have been met upon presentation of the professional’s certification of compliance and presentation of a written explanation of operational practices which will be undertaken to meet standards established in section 39-7412, Idaho Code. (3) If an operations plan provides for alternative operating criteria requiring approval by the director as provided in 40 CFR 258, the health district shall make a decision recommending approval or disapproval. Such plan shall be submitted by the health district to the director for his review. The submittal shall be accompanied by findings of fact and the recommendation from the health district. (4) The director shall review the recommendation submitted by the health districts and shall make a decision to approve or disapprove. The director shall review recommendations for approval using the same standards of review provided in section 39-7408(2)(e), Idaho Code.  History: [(39-7413) 1992, ch. 331, sec. 1, p. 986; am. and redesig. 1993, ch. 139, sec. 14, p. 361; am. 1994, ch. 75, sec. 7, p. 169.]
ID Code § 39-7414 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7414 - ASSESSMENT MONITORING AND CORRECTIVE ACTION.

39-7414. ASSESSMENT MONITORING AND CORRECTIVE ACTION. (1) Applicability. These standards apply whenever a statistically significant increase over background has been detected for one (1) or more constituents listed in 40 CFR 258, appendix I or an alternative list approved in accordance with 40 CFR 258.54(a)(2). (2) Assessment monitoring programs shall be performed in accordance with 40 CFR 258.55. (3) Assessment of corrective measures shall be performed in accordance with 40 CFR 258.56. (4) Selection of remedy shall be performed in accordance with 40 CFR 258.57. (5) Implementation of corrective action program shall be performed in accordance with 40 CFR 258.58.  History: [39-7414, added 1993, ch. 139, sec. 15, p. 362.]
ID Code § 39-7415 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7415 - STANDARDS FOR CLOSURE.

39-7415. STANDARDS FOR CLOSURE. (1) Applicability. These standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258. MSWLF units that accept waste after October 9, 1991, but cease to accept waste prior to October 9, 1993, shall at a minimum comply with subsections (2)(a) and (3) of this section in addition to the "sanitary landfill closure guidance" criteria as adopted by the health district. (2) Cover designs. Owners or operators of MSWLF units shall install one (1) of the following final cover systems: (a) A cover as provided under 40 CFR 258.60(a); or (b) The cover material must be fine-grained with intrinsic permeability no greater than 1 X 10-3 cm/sec and a minimum thickness of twenty-four (24) inches; and (i) Have capillary holding capacity greater than the projected maximum accumulated volume of water as determined by utilization of accepted water balance methodology based on local or regional twenty-five (25) year climatic records; (ii) Annual precipitation is less than twenty-five (25) inches with net evaporative losses greater than thirty (30) inches annually; (iii) The top six (6) inches of the cover shall be capable of sustaining shallow rooted native plant growth; and (iv) This design shall demonstrate consideration of site specific factors as provided in 40 CFR 258.60(b); or (c) As provided in 40 CFR 258.60(b). (3) The final grade of slopes shall be greater than two percent (2%) unless otherwise supported by the post closure plan and uses approved by the health district, and the grade of side slopes not more than thirty-three percent (33%). (4) Closure plan preparation, placement in operating record, notice of intent to close, time requirements for commencement and completion of closure activities, certification, deed notation and removal of deed notation shall be conducted as provided in 40 CFR 258.60(c) through (j), inclusive. The deed notation and removal of deed notation shall comply with the uniform environmental covenants act, chapter 30, title 55, Idaho Code.  History: [39-7415, added 1992, ch. 331, sec. 1, p. 988; am. 1993, ch. 139, sec. 16, p. 362; am. 1994, ch. 75, sec. 8, p. 169; am. 2010, ch. 99, sec. 2, p. 191.]
ID Code § 39-7416 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7416 - STANDARDS FOR POST CLOSURE CARE.

39-7416. STANDARDS FOR POST CLOSURE CARE. (1) Applicability. Post closure maintenance standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258.1. (2) Post closure care shall be conducted as provided under 40 CFR 258.61.  History: [39-7416, added 1992, ch. 331, sec. 1, p. 989; am. 1993, ch. 139, sec. 17, p. 363; am. 1994, ch. 75, sec. 9, p. 170.]
ID Code § 39-7417 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7417 - FINANCIAL ASSURANCE FOR CLOSURE, POST CLOSURE CARE AND CORRECTIVE ACTION.

39-7417. FINANCIAL ASSURANCE FOR CLOSURE, POST CLOSURE CARE AND CORRECTIVE ACTION. (1) Applicability. These requirements shall apply to new MSWLF units, existing MSWLF units and lateral expansions except as exempted in 40 CFR 258.1(d) and 258.70(a). (2) The requirements of this section are effective April 9, 1995, except for MSWLF units meeting the conditions of 40 CFR 258.1(f)(1), in which case the effective date is October 9, 1995, or at such later date upon subsequent amendment of 40 CFR 258.70 through 258.74. (3) All MSWLF units shall be underwritten by financial assurance provisions as provided by the following: (a) Closure as provided in 40 CFR 258.71; (b) Post closure care as provided in 40 CFR 258.72; and (c) Corrective action as provided in 40 CFR 258.73. (4) The financial assurance mechanisms provided for MSWLF units shall include any mechanism or a combination of mechanisms meeting the criteria of 40 CFR 258.74. (5) Counties may use available borrowing capability through registered warrants for a prearranged amount and preapproved by a lending institution as a financial mechanism to assure assessment monitoring and corrective action needs. (6) Subdivisions of the state may use any method provided by law to meet the requirements of this section. (7) MSWLF units owned or operated by subdivisions of the state that qualify under 40 CFR 258.74(f) may include any mechanism allowed to them upon adoption and publication. (8) Financial assurance funds for MSWLF units not located on federal or state lands shall be deposited in a county trust fund in the county in which the MSWLF unit is located. The county shall act as the trustee for the trust funds, and as named coprincipal for surety bonds, letters of credit, and insurance. As trustee, the county may require an independent audit of the adequacy of the financial assurance but shall not become liable for financial assurance except in the case of default as otherwise defined by federal and state law.  History: [39-7417, added 1992, ch. 331, sec. 1, p. 989; am. 1993, ch. 139, sec. 18, p. 363; am. 1994, ch. 75, sec. 10, p. 170.]
ID Code § 39-7418 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7418 - MODIFICATIONS TO SITES APPROVED UNDER THIS CHAPTER.

39-7418. MODIFICATIONS TO SITES APPROVED UNDER THIS CHAPTER. (1) The following classes of modifications to approved sites shall require that an owner or operator amend the approved design or ground water monitoring program: (a) Lateral expansion outside the approved waste management unit boundary design; (b) Unpredictable change affecting any environmental monitoring program; (c) Change of liner design; or (d) A modification of the design or operation due to initiation of corrective action and remediation. (2) The scope of new investigations and plan amendment shall be defined by the owner, director and health district before any modification to the decision is begun. Only those stages of the applicable approval process affected by the request for modification shall be required.  History: [39-7418, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 19, p. 364.]