reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 72 - IDAHO LAND REMEDIATION ACT › Section 39-7207 - COVENANT NOT TO SUE.

39-7207. COVENANT NOT TO SUE. (1) If the department determines that a person has successfully completed a voluntary remediation work plan approved under this chapter, the department shall certify that the work plan has been successfully implemented or satisfied by issuing the person a certificate of completion. The issuance of a certificate of completion under this section is a final agency action for purposes of this chapter.
(2) A person who receives a certificate of completion under this section shall record a copy of the certificate of completion with the deed for the site on which the remediation took place.
(3) If the department determines that the person has not successfully implemented a voluntary remediation work plan approved under this chapter, the department shall notify the person of this determination under this chapter.
(4) If the department issues a certificate of completion to a person under this chapter, the department, upon request, shall also negotiate and provide the person a covenant not to sue for any claim for environmental remediation under state law resulting from or based upon the release or threatened release of a hazardous substance or petroleum that is the subject of the approved voluntary remediation work plan successfully implemented under this chapter. The covenant not to sue shall extend to any current or future owner or operator of the site or portion thereof who did not cause, aggravate, or contribute to the release or threatened release.
(5) A covenant not to sue issued under this section shall not apply to claims for a condition or the extent of a condition that:
(a) Was present on the site involved in an approved and implemented voluntary remediation work plan; and
(b) Was not known to the department at the time the department issued the certificate of completion under this chapter.
(6) Except as provided under federal law or agreed to by a federal governmental entity, a covenant not to sue issued under this section shall not release a person from liability to the federal government for claims based on federal law.
(7) During the implementation of an approved voluntary remediation work plan, the department shall not bring an action, including an administrative or judicial action for any liability for remediation relating to the release or threatened release of a hazardous substance or petroleum that is the subject of the voluntary remediation work plan, against a person who entered into a voluntary remediation agreement and who is implementing the voluntary remediation work plan in accordance with such agreement implementing the voluntary remediation work plan.
History:
[39-7207, added 1996, ch. 252, sec. 1, p. 799.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 72 - IDAHO LAND REMEDIATION ACT › Section 39-7208 - RECISION.

39-7208. RECISION. (1) This chapter does not prohibit or limit the department’s recision of the voluntary remediation agreement or the covenant not to sue at any time if:
(a) The person implementing the work plan fails substantially to comply with the terms and conditions of:
(i) a voluntary remediation agreement, or
(ii) covenant not to sue;
(b) A hazardous substance or petroleum release becomes an imminent and substantial threat to human health or the environment.
(2) The department shall also notify the county in which the said site exists of recision of the covenant not to sue for the purposes of determining property exemptions provided under section 63-602BB, Idaho Code.
History:
[39-7208, added 1996, ch. 252, sec. 1, p. 800; am. 1997, ch. 117, sec. 41, p. 339.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 72 - IDAHO LAND REMEDIATION ACT › Section 39-7209 - LENDER LIABILITY.

39-7209. LENDER LIABILITY. Pursuant to rules adopted by the board, a person who maintains indicia of ownership primarily to protect a security interest in a site, and who does not participate in the management of the site, shall not be considered an owner or operator of that site, nor liable under any pollution control or other environmental protection law, rule or regulation, or otherwise responsible for any environmental contamination or response activity costs consistent with United States environmental protection agency policy, 60 Federal Register 63517, dated December 11, 1995, as amended. This section shall apply to all indicia of ownership existing at the time of passage of this chapter and those arising thereafter.
History:
[39-7209, added 1996, ch. 252, sec. 1, p. 800.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 72 - IDAHO LAND REMEDIATION ACT › Section 39-7210 - RULES.

39-7210. RULES. Within one (1) year after the effective date of this section, the board shall, through negotiated rulemaking, adopt rules to carry out the purposes of this provision consistent with federal and state law which shall provide for the following:
(1) The establishment of methodologies to determine site-specific risk-based remediation standards, which shall be no more stringent than applicable or appropriate relevant federal and state standards and are consistent with 42 U.S.C. 9621, taking into consideration scientific information regarding the following:
(a) protection of public health and the environment,
(b) the future industrial, commercial, residential, or other use of the site to be remediated and of surrounding properties,
(c) the availability of institutional or engineering controls that are protective of public health and the environment, including deed restrictions, and
(d) natural background levels for hazardous constituents;
(2) The establishment of administrative procedures that minimize delay and expense of the remediation, processing submissions and overseeing remediation;
(3) The issuance of certificates of completion once the voluntary remediation work plans is [are] implemented;
(4) Consistent with applicable local, state and federal law, guidelines to assist in the issuance of any permits required to initiate and complete a voluntary remediation work plan;
(5) Collection and payment of fees to defray the actual reasonable costs of the voluntary remediation program.[;]
(6) Lender liability consistent with United States environmental protection agency policy, 60 Federal Register 63517, dated December 11, 1995, as amended.
History:
[39-7210, added 1996, ch. 252, sec. 1, p. 801.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT › Section 39-7402 - APPLICABILITY.

39-7402. APPLICABILITY. (1) The standards and procedures set forth in this chapter apply to owners and operators of new municipal solid waste landfill (MSWLF) units, existing MSWLF units, and lateral expansions of existing MSWLF units, except as otherwise specifically provided.
(2) The requirements of this chapter do not apply to MSWLF units that ceased to accept waste on or prior to October 9, 1991.
(3) MSWLF units that receive waste after October 9, 1991, but stop receiving waste in conformance with the provisions of 40 CFR 258.1(d), are exempt from the requirements of this chapter, except as expressly provided herein.
(4) All MSWLF units that receive waste on or after October 9, 1993, must comply with all of the requirements of this chapter, unless otherwise allowed in 40 CFR 258.1(d), (e) or (f).
(5) MSWLF units failing to satisfy these standards shall cease operation and shall not accept municipal solid waste for disposal by order of the department of environmental quality and/or the district health department until provisions of this chapter are complied with unless a compliance schedule has been approved by the director of the department of environmental quality and/or the district health department.
(6) MSWLF units failing to satisfy the requirements set forth in this chapter are considered open dumps for purposes of state solid waste management planning and are prohibited under section 4005 of RCRA.
(7) MSWLF units containing sewage sludge and which fail to satisfy the criteria set forth in 40 CFR 258 violate sections 309 and 405(e) of the clean water act.
History:
[39-7402, added 1992, ch. 331, sec. 1, p. 974; am. 1993, ch. 139, sec. 2, p. 344; am. 1994, ch. 75, sec. 2, p. 160; am. 2001, ch. 103, sec. 68, p. 304.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT › Section 39-7402A - EXCLUDED FACILITIES.

39-7402A. EXCLUDED FACILITIES. This chapter shall not apply to any facility subject to the provisions of subtitle C of RCRA, the hazardous waste management act of 1983, as amended (section 39-4401, et seq., Idaho Code) or the state hazardous waste facility siting act, as amended (section 39-5801, et seq., Idaho Code).
History:
[(39-7402A) 1992, ch. 292, sec. 2, p. 892; am. and redesig. 1993, ch. 139, sec. 3, p. 345.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT › Section 39-7419 - INSPECTIONS.

39-7419. INSPECTIONS. (1) All MSWLF units shall be subject to routine inspection by the county, director and health district in accordance with relevant provisions of the Idaho Code.
(2) At intervals of not less than three (3) years, nor more than five (5) years, the owner, county, director and health district shall jointly conduct a comprehensive review of the MSWLF unit for provisions contained in this chapter, technical guidance, other provisions, and the plan for design and operation, as amended. A record of the review shall be placed in the operating record of the MSWLF unit which shall be maintained by the owner and the health district with jurisdiction. Operating procedures shall be recertified at intervals of no more than three (3) years.
History:
[39-7419, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 20, p. 364.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT › Section 39-7420 - VIOLATIONS AND ENFORCEMENT.

39-7420. VIOLATIONS AND ENFORCEMENT. (1) Failure to comply with the requirements established in this chapter, requirements of rules established pursuant to this chapter, and reasonable conditions of approval granted pursuant to this chapter shall be unlawful. Particularly with respect to siting and operation of a municipal solid waste landfill to satisfy the requirements of chapter 44, title 31, Idaho Code, enforcement should focus upon remediation of deficiencies, rather than punishment. Penalties should be imposed where practices show disregard for protection of human health, safety and the environment.
(2) Each public agency with responsibility for enforcement of requirements established in this chapter may inspect, monitor and employ such methods of enforcement as they may be empowered to use by statute or local ordinance.
(a) The director may apply the provisions of section 39-108, Idaho Code, to insure compliance.
(b) The respective health districts or the several counties may employ the use of negotiated compliance agreements in addition to civil legal remedies and misdemeanor criminal penalties otherwise authorized in order to obtain compliance with requirements established herein.
(3) Where more than one (1) public entity undertakes enforcement efforts to obtain compliance with the provisions of this chapter, enforcement efforts should be coordinated to the greatest extent possible to minimize conflict among requirements and costs of compliance.
(4) A private right of action in behalf of any person who has been injured or damaged by any approval authorized in this chapter or violation of the terms of any approval or regulation authorized in this chapter may be maintained in accordance with the provisions of this chapter and/or the provisions of chapter 52, title 67, Idaho Code, as applicable.
(5) If a district fails to carry out responsibilities established in this chapter, the director may assume the authority otherwise to be implemented by a district.
History:
[39-7420, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 21, p. 365.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 75 - ADOPTION AND MEDICAL ASSISTANCE › Section 39-7502 - COMPACT ADMINISTRATOR.

39-7502. COMPACT ADMINISTRATOR. Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall develop guidelines and procedures to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.
History:
[39-7502, added 1994, ch. 69, sec. 1, p. 146.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 75 - ADOPTION AND MEDICAL ASSISTANCE › Section 39-7503 - SUPPLEMENTARY AGREEMENTS AND FINANCIAL ARRANGEMENTS.

39-7503. SUPPLEMENTARY AGREEMENTS AND FINANCIAL ARRANGEMENTS. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service of this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service. The compact administrator, subject to the approval of the board of examiners, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
History:
[39-7503, added 1994, ch. 69, sec. 1, p. 146.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 75 - ADOPTION AND MEDICAL ASSISTANCE › Section 39-7504 - FINANCIAL RESPONSIBILITY OF PARENTS OF ESTATE.

39-7504. FINANCIAL RESPONSIBILITY OF PARENTS OF ESTATE. The compact administrator shall take appropriate action pursuant to existing law to effect the recovery from relevant parents of estate, at the option of said administrator, of any and all costs expended by the state, or any of its subdivisions, with respect to Idaho children handled under said compact.
History:
[39-7504, added 1994, ch. 69, sec. 1, p. 146; am. 2012, ch. 257, sec. 11, p. 717.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 75 - ADOPTION AND MEDICAL ASSISTANCE › Section 39-7505 - RESPONSIBILITIES OF ENFORCEMENT.

39-7505. RESPONSIBILITIES OF ENFORCEMENT. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdiction.
History:
[39-7505, added 1994, ch. 69, sec. 1, p. 147.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 76 - PUBLIC DRINKING WATER SYSTEM LOANS › Section 39-7601 - AUTHORIZATION OF LOANS.

39-7601. AUTHORIZATION OF LOANS. The director is hereby authorized to make loans at or below market interest rates, as funds are available, to any eligible public water system to assist the public water system or which will facilitate their compliance with national primary drinking water regulations applicable to the system or to otherwise significantly further the health protection objectives of this chapter.
History:
[39-7601, added 1997, ch. 26, sec. 2, p. 40.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 76 - PUBLIC DRINKING WATER SYSTEM LOANS › Section 39-7603 - INVESTMENT OF FUNDS IN DRINKING WATER LOAN ACCOUNT.

39-7603. INVESTMENT OF FUNDS IN DRINKING WATER LOAN ACCOUNT. Surplus moneys in the drinking water loan account established by section 39-7602, Idaho Code, shall be invested by the state treasurer in the manner for idle state moneys in the state treasury as provided for in section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the account. The account shall have paid into it: federal funds which are received by the state to provide for drinking water loans to public water systems together with the required state matching funds; all principal and interest repayments of loans made pursuant to this chapter; all donations and grants from any source which may be used for the provisions of this chapter; fund transfers from the wastewater facility loan account; and any moneys which may hereafter be provided by law.
History:
[39-7603, added 1997, ch. 26, sec. 2, p. 42; am. 2014, ch. 59, sec. 3, p. 142.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 76 - PUBLIC DRINKING WATER SYSTEM LOANS › Section 39-7604 - APPROPRIATIONS FOR THE DRINKING WATER LOAN ACCOUNT — PURPOSE OF CHAPTER.

39-7604. APPROPRIATIONS FOR THE DRINKING WATER LOAN ACCOUNT — PURPOSE OF CHAPTER. Moneys in the drinking water loan account are hereby perpetually appropriated to provide loans and other forms of financial assistance authorized under title XVI of the public health service act known as the safe drinking water act and the safe drinking water act amendments of 1996, 42 U.S.C. 300f et seq., to any eligible public water system in order to enable the system to comply with the above referenced act and relevant regulations.
History:
[39-7604, added 1997, ch. 26, sec. 2, p. 43.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 76 - PUBLIC DRINKING WATER SYSTEM LOANS › Section 39-7605 - LIMITS ON THE AMOUNTS AND LOANS.

39-7605. LIMITS ON THE AMOUNTS AND LOANS. The director may make loans to eligible public water systems pursuant to the requirements of this chapter and federal laws and regulations provided, that the projected disbursements for such loans would not cause the projected balance in the loan fund to fall below zero at any time. All loan disbursements shall be subject to the availability of moneys in the account.
History:
[39-7605, added 1997, ch. 26, sec. 2, p. 43.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 76 - PUBLIC DRINKING WATER SYSTEM LOANS › Section 39-7606 - PUBLIC WATER SYSTEM SUPERVISION FUND.

39-7606. PUBLIC WATER SYSTEM SUPERVISION FUND. (1) There is hereby created in the state treasury the public water system supervision fund. Moneys in the fund shall consist of fees assessed pursuant to rules of the department on regulated public drinking water systems, federal funds which are received by the state to provide for the public water system supervision program, donations, state appropriations and any other moneys from whatever source.
(2) Idle or surplus moneys in the public water system supervision fund established by this section shall be invested by the state treasurer in the manner for idle state moneys in the state treasury as provided for in section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the fund. Moneys in the fund may be expended pursuant to appropriation.
History:
[39-7606, added 2000, ch. 165, sec. 1, p. 416.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 77 - VOLUNTEER HEALTH CARE PROVIDER IMMUNITY › Section 39-7701 - LEGISLATIVE FINDINGS.

39-7701. LEGISLATIVE FINDINGS. The legislature of the state of Idaho finds that access to high quality health care services is a concern of all persons. However, access to such services is severely limited for some residents of the state, particularly those who reside in remote, rural areas or in the urban areas. Physicians and other health care professionals have traditionally worked to assure broad access to health care services and many are willing to volunteer their services to address the health care needs of Idahoans who may otherwise not be able to obtain such services. The public policy of this state is to encourage and facilitate voluntary provision of health care services.
History:
[39-7701, added 1998, ch. 295, sec. 1, p. 976.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 77 - VOLUNTEER HEALTH CARE PROVIDER IMMUNITY › Section 39-7702 - DEFINITIONS.

39-7702. DEFINITIONS. As used in this chapter:
(1) "Community health screening event" means an event sponsored by a school, a church, a civic club or another community organization for the purpose of providing health screenings by health care providers who are not compensated for their volunteer service at the event.
(2) "Compensation" means any remuneration, whether by way of salary, fee or otherwise, for health care services rendered. Compensation does not include actual and necessary expenses that are incurred by a volunteer health care provider in connection with the services provided or the duties performed by the health care provider on behalf of a free clinic, and that are reimbursed to the volunteer health care provider.
(3) "Free medical clinic" means a facility other than a hospital or health care provider’s office which is an organized community-based program, registered with the department of health and welfare, at which primary medical care is provided without charge to individuals unable to pay for it, and at which the care provided does not include the use of general anesthesia or require an overnight stay in a health care facility.
(4) "Health care provider" means any physician, dentist, optometrist, physician assistant, nurse, or other person who is licensed, certified, or registered under title 54, Idaho Code, to provide health care or other professional services or who is otherwise authorized to practice in Idaho. "Health care provider" also includes an individual enrolled in an accredited education or training program for licensure, certification, or registration under title 54, Idaho Code, while the individual is providing services under the direct supervision of a person who is licensed, certified, or registered under title 54, Idaho Code, and practicing within his regulated scope of practice, as long as the patient has been notified that the individual is a student.
(5) "Health screening" means an examination, an evaluation or another health care assessment of a person by a licensed health care provider practicing within the provider’s scope of practice to determine the fitness of an individual to participate in an event or activity or to determine whether an individual needs additional health care evaluation or treatment.
(6) "Voluntary provision of health care services" means providing professional services by a health care provider without compensation.
History:
[39-7702, added 1998, ch. 295, sec. 1, p. 976; am. 2018, ch. 38, sec. 1, p. 97; am. 2020, ch. 57, sec. 1, p. 138.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 77 - VOLUNTEER HEALTH CARE PROVIDER IMMUNITY › Section 39-7703 - IMMUNITY FROM LIABILITY FOR HEALTH CARE PROVIDERS PROVIDING CHARITABLE MEDICAL CARE.

39-7703. IMMUNITY FROM LIABILITY FOR HEALTH CARE PROVIDERS PROVIDING CHARITABLE MEDICAL CARE. (1) Any health care provider who voluntarily provides needed medical or health care services to any person at a free medical clinic or who provides health screenings at a community health screening event without compensation or the expectation of compensation shall be immune from liability for any civil action arising out of the provision of such medical or health services. This section shall not extend immunity to the health care provider for any acts constituting intentional, willful or grossly negligent conduct or to acts by a health care provider that are outside the scope of practice authorized by the provider’s licensure, certification or registration.
(2) Immunity pursuant to subsection (1) of this section shall apply only if the health care provider and the patient execute a written waiver in advance of the rendering of such medical services specifying that such services are provided without the expectation of compensation and that the health care provider shall be immune as specified herein.
(3) Nothing in this section shall prohibit a free medical clinic from accepting voluntary contributions for health care services provided to a patient who has acknowledged his or her ability and willingness to pay a portion of the value of the health care services provided. Any voluntary contribution collected for providing care at a free medical clinic shall be used only to pay overhead expenses of operating the clinic. No portion of any moneys collected shall be used to provide compensation to any health care provider.
(4) If a health care provider is insured for liability for negligent acts or omissions arising from providing health care services at a free clinic, the immunity provided in subsection (1) of this section is waived, provided however, the amount recovered shall not exceed the limits of such applicable insurance coverage.
History:
[39-7703, added 1998, ch. 295, sec. 1, p. 977; am. 2018, ch. 38, sec. 2, p. 98.]