reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.002 - INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS

Current through August 31, 2023
Any reference in these rules to requirements, procedures, or
				specific forms contained in the Code of Federal Regulations (CFR), Title 40,
				Parts 124, 260 - 268, 270, 273, 278, and 279 constitute the full adoption by
				reference of that part and Subparts as they appear in 40 CFR, revised as of
				July 1, 2022, including any notes and appendices therein, unless expressly
				provided otherwise in these rules. (4-6-23)
01.
Exceptions
. Nothing in
			 40 CFR Parts
			 260 -
			 268,
			 270,
			 273,
			 278,
			 279 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. (3-24-22)
02.
Availability of Referenced
			 Material
. The federal regulations adopted by reference throughout these
			 rules are maintained at the following locations: (3-24-22)
a. U.S. Government Printing Office,
https://www.ecfr.gov/current/title-40
;
			 (4-6-23)
b. State Law Library, 451
			 W. State Street, P.O. Box 83720, Boise, ID 83720-0051, (208) 334-3316; and
			 (3-24-22)
c. Department of
			 Environmental Quality, 1410 N. Hilton, Boise, ID 83706-1255, (208) 373-0502.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.003 - DEFINITIONS

Current through August 31, 2023
The terms "board" and "department" have the meaning provided
				for those terms in Section
				39-4403, Idaho Code. For these
				rules and any materials incorporated by reference, the following definitions
				apply unless their application is inconsistent with the Hazardous Waste
				Management Act, or unless these rules expressly provide for different
				definitions: (3-24-22)
01.
Director
. When used in the context of 40 CFR and these rules, the
			 definition is the Director of the Idaho Department of Environmental Quality, or
			 his designee, as the context requires. (3-24-22)
02.
Environmental Appeals Board
.
			 When used in the context of 40 CFR, the definition is the Idaho Board of
			 Environmental Quality except as set forth in Section
			 39-4413(2), Idaho
			 Code, or except where noted in these rules. (3-24-22)
03.
U.S. Environmental Protection
			 Agency or EPA, EPA Headquarters, or EPA
. used in the context of 40 CFR,
			 the definition is the Idaho Department of Environmental Quality, except when
			 used to refer to an EPA Identification number, EPA hazardous waste number, EPA
			 forms, publications or guidance, and EPA Acknowledgment of Consent, and where
			 noted in these rules. Under the latter circumstances, the definition is the EPA
			 and the Headquarters of the EPA as appropriate. When used in the context of
			 these rules, the definition is the EPA. (3-24-22)
04.
HWFSA
. The Hazardous Waste
			 Facility Siting Act of 1985, Chapter 58, Title 39, Idaho Code.
			 (3-24-22)
05.
HWMA
.
			 The Hazardous Waste Management Act of 1983, Chapter 44, Title 39, Idaho Code.
			 (3-24-22)
06.
RCRA
.
			 When used in the context of 40 CFR, the definition is the comparable sections
			 of HWMA. When used in the context of these rules, the definition is the
			 Resource Conservation and Recovery Act, 42 U.S. Code, Sections
			 6901 et seq. (3-24-22)
07.
Regional Administrator or
			 Administrator
. When used in the context of 40 CFR, the definition is the
			 Director of the Idaho Department of Environmental Quality, or his designee,
			 except where noted in these rules. When used in the context of these rules, the
			 definition is the EPA Administrator or Region 10 Regional Administrator as
			 appropriate. (3-24-22)
08.
TSD
. Treatment, storage and disposal. (3-24-22)
09.
United States or U.S
. When
			 used in the context of 40 CFR, the definition is the state of Idaho, except
			 where noted in these rules. When used in the context of these rules, the
			 definition is the United States. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.004 - HAZARDOUS WASTE MANAGEMENT SYSTEM

Current through August 31, 2023
40 CFR Part 260 and all Subparts, except
				40 CFR
				260.2, are incorporated by reference in
				Section 002. For
				40 CFR
				260.4(a)(4),
				260.5(b)(2), and
				260.10 in the definition of
				electronic manifest and electronic manifest system, "EPA" is defined as the
				EPA. For 40 CFR
				260.10, in the definition of hazardous waste
				constituent, "Administrator" is defined as the EPA Administrator. For
				40 CFR
				260.20, "Federal Register" is defined as the
				Idaho Administrative Bulletin. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.006 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

Current through August 31, 2023
01.
Incorporation by Reference
.
			 40 CFR Part 262 and all Subparts, except for the language "for the Region in
			 which the generator is located" in
			 40 CFR
			 262.42(a)(2) and
			 40 CFR
			 262.42(b), are incorporated
			 by reference in Section
			 002. For
			 40 CFR
			 262.20,
			 262.21,
			 262.24,
			 262.25,
			 262.32,
			 262.82,
			 262.83, and
			 262.84, "EPA" is defined as the
			 EPA. Copies of advance notification, annual reports, and exception reports,
			 required under those sections, must also be provided to the Director. For 40
			 CFR Part 262 , Subpart H, "United States or U.S." is defined as the United
			 States. (3-24-22)
02.
Generator Emergency Notification
. In addition to the emergency
			 notification provided in 40
			 CFR 262.16(b)(9)(iv)(C) and
			 262.265(d)(2),
			 (see 40 CFR
			 262.17(a)(6),
			 263.30(c)(1),
			 264.56(d)(2), and
			 265.56(d)(2) )
			 the emergency coordinator must also immediately notify the Idaho Office of
			 Emergency Management by telephone, 1800-632-8000, to file an identical report.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.007 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

Current through August 31, 2023
40 CFR Part 263 and all Subparts are incorporated by reference
				in Section 002. For
				40 CFR
				263.20(g),
				263.20(g)(1),
				263.20(g)(4),
				263.21(a)(4), and
				263.22(d),
				"United States" is defined as the United States. For
				40 CFR
				263.20(a), "EPA" is defined
				as the EPA. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.008 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES

Current through August 31, 2023
40 CFR Part 264 and all Subparts (excluding
				40 CFR
				264.1(f),
				264.1(g)(12),
				264.149,
				264.150,
				264.301(l),
				264.1030(d),
				264.1050(g),
				264.1080(e),
				264.1080(f) and
				264.1080(g) ) are
				incorporated by reference in Section
				002. For 40 CFR Subsection
				264.12(a),
				"Regional Administrator" is defined as the EPA Region 10 Regional
				Administrator. For 40 CFR
				264.71 and
				264.1082(c)(4)(ii),
				"EPA" is defined as the EPA. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.009 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES

Current through August 31, 2023
40 CFR Part 265 , and all Subparts (excluding Subpart R,
				40 CFR
				265.1(c)(4),
				265.1(c)(15),
				265.149,
				265.150,
				265.1030(c),
				265.1050(f),
				265.1080(e),
				265.1080(f), and
				265.1080(g) ),
				except the language contained in
				40 CFR
				265.340(b)(2) is replaced
				with: "The following requirements continue to apply even when the owner or
				operator has demonstrated compliance with the MACT requirements of part 63,
				subpart EEE of this chapter: 40 CFR 265.351 (closure) and the
				applicable requirements of Subparts A through H, BB and CC of this part," are
				incorporated by reference in Section
				002. For 40 CFR Subsection
				265.12(a),
				"Regional Administrator" is defined as the EPA Region 10 Regional
				Administrator. For 40 CFR
				265.71 and
				265.1083(c)(4)(ii),
				"EPA" is defined as the EPA. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.010 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES

Current through August 31, 2023
40 CFR Part 266 and all Subparts are incorporated by reference
				in Section 002. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.011 - LAND DISPOSAL RESTRICTIONS

Current through August 31, 2023
40 CFR Part 268 and all Subparts are incorporated by reference
				in Section 002, except for
				40 CFR
				268.1(e)(3),
				268.5,
				268.6,
				268.13,
				268.42(b), and
				268.44(a)
				through (g). The authority for implementing
				the provisions of these excluded sections remains with the EPA. However, the
				provisions of Sections
				39-4403(17)  and
				39-4423, Idaho Code, must be
				applied in all cases where these provisions are more stringent than the federal
				standards. If the Administrator of the EPA grants a case-by-case variance
				pursuant to 40 CFR
				268.5, that variance will simultaneously
				create a case-by-case variance to the equivalent provision of these rules. For
				40 CFR
				268.2(j)"EPA" is defined as
				the EPA. For 40 CFR
				268.40(b), "Administrator"
				is defined as the EPA Administrator. In
				40 CFR
				268.7(a)(9)(iii), "D009" is
				excluded, (from lab packs as noted in 40 CFR Part 268 Appendix IV.
				(3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.012 - HAZARDOUS WASTE PERMIT PROGRAM

Current through August 31, 2023
40 CFR Part 270 and all Subparts, except
				40 CFR
				270.1(c)(2)(ix),
				270.12(a) and
				40 CFR
				270.14(b)(18), are
				incorporated by reference in Section
				002. For
				40 CFR
				270.2,
				270.5,
				270.10(e)(2),
				270.10(e)(3),
				270.10(f)(2),
				270.10(f)(3),
				270.10(g),
				270.11(a)(3),
				270.32(a),
				270.32(b)(2),
				270.32(c),
				270.51,
				270.72(a)(5), and
				270.72(b)(5),
				"EPA" and "Administrator" or "Regional Administrator" is defined as the EPA and
				the EPA Region 10 Regional Administrator, respectively. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.013 - PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA PERMIT APPLICATIONS)

Current through August 31, 2023
40 CFR Part 124 , Subparts A, B and G are incorporated by
				reference in Section 002, except
				that the last sentence of 40
				CFR 124.10(b)(1),
				40 CFR
				124.15(b)(2),
				40 CFR
				124.19, the fourth sentence of
				40 CFR
				124.31(a), the third
				sentence of 40 CFR
				124.32(a), and the second
				sentence of 40 CFR
				124.33(a) are expressly
				omitted from the incorporation by reference of each of those subsections. For
				40 CFR
				124.6(e),
				124.10(b), and
				124.10(c)(1)(ii)"EPA"
				and "Administrator" or "Regional Administrator" is defined as the EPA and the
				EPA Region 10 Regional Administrator, respectively. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.015 - STANDARDS FOR THE MANAGEMENT OF USED OIL

Current through August 31, 2023
01.
Incorporation by Reference
. 40 CFR Part 279 and all Subparts are
			 incorporated by reference in Section
			 002. For
			 40 CFR
			 279.43(c)(3)(ii)"Director"
			 is defined as the Director, U.S.DOT Office of Hazardous Materials Regulation.
			 (3-24-22)
02.
Used Oil as a
			 Dust Suppressant
. 40 CFR Part 279 contains a prohibition on the use of
			 used oil as a dust suppressant at 279.82(a); however, states may petition the
			 EPA to allow the use of used oil as a dust suppressant. Members of the public
			 may petition the state to make this application to the EPA. This petition must:
			 (3-24-22)
a. Be submitted to the Idaho
			 Department of Environmental Quality, 1410 North Hilton, Boise, Idaho
			 83706-1255; and (3-24-22)
b.
			 Demonstrate how the provisions of
			 40 CFR
			 279.82(b) will be met.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.016 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

Current through August 31, 2023
40 CFR Part 273 and all Subparts are incorporated by reference
				in Section 002. For
				40 CFR
				273.32(a)(3), "EPA" is
				defined as the EPA. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.017 - CRITERIA FOR THE MANAGEMENT OF GRANULAR MINE TAILINGS (CHAT) IN ASPHALT CONCRETE AND PORTLAND CEMENT CONCRETE IN TRANSPORTATION CONSTRUCTION PROJECTS FUNDED IN WHOLE OR IN PART BY FEDERAL FUNDS

Current through August 31, 2023
40 CFR Part 278 and all Subparts are incorporated by reference
				in Section 002. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.018 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT

Current through August 31, 2023
40 CFR Part 267 and all Subparts, except
				40 CFR
				267.150, are incorporated by reference in
				Section 002.
				(3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.355 - HAZARDOUS WASTE FACILITY SITING LICENSE FEE

Current through August 31, 2023
These rules have the license fee criteria set forth in Section
				39-5813(3), Idaho
				Code. (3-24-22)
01.
Fee
			 Scale
. Except as provided in Subsection
			 355.02, the fee provided in
			 HWFSA and these rules will be determined using the table below.
LICENSE FEE SCALE - PROJECTED
							 HAZARDOUS WASTE VOLUME (gallons)
Site Size
Up to
							 10,000
10,000 -
							 20,000
More Than
							 20,000
1 acre or greater
$3,000
$4,000
$7,500
Equal to or greater than 1/2 acre, but less than 1
							 acre
$4,000
$5,000
$7,500
Less than 1/2 acre
$5,000
$6,000
$7,500
(3-24-22)
a.
			 "Projected Waste Volume" means the total actual or potential hazardous waste
			 volume, in gallons or an equivalent measurement, proposed for the hazardous
			 waste facility. (3-24-22)
b. "Site
			 Size" means the sum in acres of all proposed "Hazardous Waste Management
			 Unit(s)" as defined in Section
			 004 (
			 40 CFR
			 260.10 ). (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.356 - VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES

Current through August 31, 2023
01.
Application Contents and Standard
			 of Review
. Applications must be submitted in triplicate and contain
			 detailed plans, specifications, and information regarding objectives,
			 procedures, controls, and other pertinent data as the Director may require.
			 (3-24-22)
02.
Standard Of
			 Review.
The Director may grant a variance only if the applicant
			 demonstrates to the Director's satisfaction that construction and operation of
			 the TSD facility or site in the manner allowed by the variance and any term or
			 condition imposed as part of the variance: (3-24-22)
a. Will avert unnecessary and significant
			 hardship; (3-24-22)
b. Is
			 consistent with EPA provisions; and (3-24-22)
c. Will not create a nuisance or a hazard to
			 the public health, safety or the environment. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.500 - ROUTING OF HAZARDOUS WASTE SHIPMENTS

Current through August 31, 2023
01.
Transporting
. Any person transporting a quantity of hazardous
			 waste which requires a manifest must, to the extent possible: (3-24-22)
a. Use state, United States and interstate
			 highways; and (3-24-22)
b. Avoid
			 municipalities and population centers even when doing so may add miles to the
			 distance traveled. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.800 - INSPECTION PLAN - FREQUENCY LEVELS

Current through August 31, 2023
The Department may, as time and resources permit, conduct
				regular inspections of persons or entities subject to these rules, their
				records, and property at approximately the following frequency levels based
				upon potential risk to the public health or environment. (3-24-22)
01.
Commercial TSD Facilities
or
			 Sites or Offsite Generator TSD Facilities or Sites. Up to every day.
			 (3-24-22)
02.
Generator
			 On-Site TSD Facilities or Sites
. Up to twenty (20) times per year.
			 (3-24-22)
03.
Transport
			 Vehicles
. As necessary. (3-24-22)
04.
Transport Facilities or
			 Sites
. Up to twelve (12) times per year. (3-24-22)
05.
Generators
. Generators -- up
			 to twelve (12) times per year. (3-24-22)
06.
Conduct Inspections
. Nothing
			 in the schedule of frequency levels in Subsections
			 800.01 through
			 800.05 may be construed as
			 limiting the Department's authority to conduct inspections when there is
			 reasonable cause to suspect a violation of HWMA or these rules. The Director
			 may by policy guidance memorandum modify the inspection frequency levels as
			 necessary for the effective or efficient enforcement of HWMA and these rules.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.850 - ILLEGAL ACTIONS

Current through August 31, 2023
01.
False
			 Statements or Representations
. Any person who makes a false statement or
			 representation in any application, label, manifest, record, report, permit or
			 other document filed, maintained or used for complying with these rules or HWMA
			 commits a violation. Each false statement or representation constitutes a
			 separate and distinct violation for which civil penalties may be imposed. Any
			 person who knowingly makes a false statement or representation of the type
			 described above is, in addition to civil penalties, subject to criminal
			 prosecution for the commission of a misdemeanor for each statement or
			 representation. (3-24-22)
02.
Failure to Comply with These Rules, the HWMA, or Other
			 Requirements
. Any person who violates these rules, HWMA, or any permit,
			 standard, condition, requirement, compliance agreement or order issued pursuant
			 to these rules or HWMA thereby commits a violation. Civil penalties may be
			 imposed for each separate violation and for each day of continuing violation.
			 Any person who knowingly commits a violation of the type described above is, in
			 addition to civil penalties, subject to criminal prosecution for the commission
			 of a misdemeanor for each separate violation and for each day of a continuing
			 violation. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.900 - EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNT

Current through August 31, 2023
The Director may declare a hazardous waste emergency if the
				public health, safety or the environment are threatened by a release or threat
				of release of a hazardous waste or a substance which has become a hazardous
				waste. Following a hazardous waste emergency declaration, the Department may
				spend or obligate to be spent up to two hundred thousand dollars ($200,000)
				from the Hazardous Waste Emergency Account, Section
				39-4417, Idaho Code, to obtain
				equipment and materials, conduct investigations, test samples, and employ
				personnel as necessary or eliminate or mitigate the immediate threat and
				stabilize the situation. The Director may authorize the expenditure or
				obligation of more than two hundred thousand dollars ($200,000) from this
				account in any given situation upon a finding by the Board that a greater
				expenditure or obligation is prudent and necessary to protect the public
				health, safety or environment. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.996 - ADMINISTRATIVE PROVISIONS

Current through August 31, 2023
Administrative appeals of agency actions are governed by IDAPA
				58.01.23, "Contested Case Rules and Rules for Protection and Disclosure of
				Records." (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.000 - LEGAL AUTHORITY

Current through August 31, 2023
Sections
				39-105 and
				39-107, Idaho Code, authorize the
				Board of Environmental Quality to adopt rules and administer programs to
				protect surface water quality, ground water quality and air quality, and to
				regulate solid waste treatment or disposal and the licensure and certification
				requirements pertinent thereto. Section
				39-7408C, Idaho Code, authorizes
				the Board of Environmental Quality to establish by rule municipal solid waste
				commercial siting license fees. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Persons may be entitled to appeal agency actions authorized
				under this chapter pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules
				for Protection and Disclosure of Records." (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.004 - APPLICABILITY

Current through August 31, 2023
These rules apply to all solid waste unless excluded by
				Subsection 001.03 and to all solid waste
				management sites in Idaho unless excluded by Subsection
				001.04. Compliance with these
				rules does not relieve owners and operators from the obligation to comply with
				other applicable state or federal laws, including but not limited to the IDAPA
				58.01.02, "Water Quality Standards," IDAPA 58.01.11, "Ground Water Quality
				Rule," and IDAPA 58.01.01, "Rules for the Control of Air Pollution in Idaho."
				(3-24-22)
01.
Solid Waste
			 Facility Other Than Municipal Solid Waste Landfills (MSWLF)
			 Applicability
. Sections
			 000 through
			 060 and Section
			 999 apply to all solid waste
			 facilities other than MSWLF, as specified therein. (3-24-22)
02.
Municipal Solid Waste Landfill
			 Applicability
. Sections
			 000 through
			 007, and Sections
			 994 through
			 999 apply to all MSWLFs, as
			 specified therein. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.006 - ABBREVIATIONS

Current through August 31, 2023
01.
BRC
. Below Regulatory
			 Concern. (3-24-22)
02.
CFR
. Code of Federal Regulations. (3-24-22)
03.
EPA
. Environmental
			 Protection Agency. (3-24-22)
04.
ISWFA
. Idaho Solid Waste Facilities Act, Chapter 74, Title 39,
			 Idaho Code. (3-24-22)
05.
MSWLF
. Municipal Solid Waste Land Fill. (3-24-22)
06.
NMSW
. Non-Municipal Solid
			 Waste. (3-24-22)
07.
NMSWLF
. Non-Municipal Solid Waste Land Fill. (3-24-22)
08.
PCS
. Petroleum Contaminated
			 Soils. (3-24-22)
09.
RCRA
. Resource Conservation and Recovery Act. (3-24-22)
10.
U.S.C
. United States Code.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.007 - INCORPORATION BY REFERENCE

Current through August 31, 2023
01.
General
. Unless expressly provided otherwise, any reference in
			 these rules to any document identified in Subsection
			 007.02 shall constitute the full
			 adoption by reference, including any notes and appendices therein. The term
			 "documents" includes codes, standards or rules which have been adopted by an
			 agency of the state or of the United States or by any nationally recognized
			 organization or association. (3-24-22)
02.
Documents Incorporated by
			 Reference
. The following documents are incorporated by reference into
			 these rules: (3-24-22)
a.
									40 CFR
			 257.24(a), revised as of
			 July 1, 2001. (3-24-22)
b.
									40 CFR
			 257.9, revised as of July 1, 2001.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.009 - SOLID WASTE MANAGEMENT FACILITY CLASSIFICATION

Current through August 31, 2023
01.
BRC Facilities
. A facility
			 is below regulatory concern (BRC) provided it is a processing facility that
			 does not manage PCS or pumpable waste, and the cumulative volume of solid waste
			 at the facility at any one (1) time is less than or equal to three hundred
			 (300) cubic yards. (3-24-22)
02.
Tier I Facilities
. Tier I facilities shall comply with the
			 requirements identified in Section
			 011. A facility shall be classified
			 as a Tier I facility if the Department determines the facility is: (3-24-22)
a. A landfill that only accepts for disposal
			 materials that are not likely to produce leachate including, but not limited
			 to, glass, plastic, cardboard, wood, composition roofing material, roofing
			 paper, or ceramics, and which has a total disposal capacity of less than or
			 equal to two thousand (2000) cubic yards. (3-24-22)
b. A processing facility that only processes
			 wastes including, but not limited to, untreated or unpainted wood, yard waste,
			 sheet rock, clean paper products, animal manures, plant or crop residues, or
			 garbage without meats or animal fats, and the cumulative volume of wastes at
			 the facility at any one time is less than or equal to six hundred (600) cubic
			 yards. (3-24-22)
c. A processing
			 facility that only manages PCS not excluded under Subsection
			 001.03.a.ix. or pumpable
			 wastes and the cumulative volume of material at the facility at any one (1)
			 time is less than or equal to two hundred (200) cubic yards; or
			 (3-24-22)
d. An emergency solid
			 waste management facility that only accepts debris resulting from a natural
			 disaster. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.010 - BELOW REGULATORY CONCERN FACILITIES

Current through August 31, 2023
01.
Applicable Requirements
. The owner and operator of a BRC facility
			 shall comply with the following requirements prior to accepting waste.
			 (3-24-22)
a. Prohibited Activities. The
			 following activities are prohibited: (3-24-22)
i. Disposal in a landfill of regulated waste
			 from any business that provides health care, support to health care businesses,
			 or medical diagnostic services that has not been decontaminated. "Regulated
			 waste" and "decontaminated" for the purpose of Section
			 010 will have the same meaning as
			 defined at 29 CFR
			 1910.1030; (3-24-22)
ii. Speculative accumulation, unless
			 otherwise approved by the Department in writing; and (3-24-22)
iii. Disposal of radioactive waste except in
			 a facility regulated pursuant to Section
			 39-4405(9), Idaho
			 Code, and rules adopted thereunder or a facility regulated under the authority
			 of The Atomic Energy Act of 1954, as amended. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.011 - APPLICABLE REQUIREMENTS FOR TIER I FACILITIES

Current through August 31, 2023
01.
Applicable Requirements
. The owner and operator of a Tier I
			 facility shall comply with the following requirements prior to accepting waste.
			 (3-24-22)
a. Prohibited Activities. The
			 following activities are prohibited: (3-24-22)
i. Disposal in a landfill of regulated waste
			 from any business that provides health care, support to health care businesses,
			 or medical diagnostic services that has not been decontaminated. "Regulated
			 waste" and "decontaminated" for the purpose of Section
			 011 will have the same meaning as
			 defined at 29 CFR
			 1910.1030; (3-24-22)
ii. Speculative accumulation, unless
			 otherwise approved by the Department in writing; and (3-24-22)
iii. Disposal of radioactive waste except in
			 a facility regulated pursuant to Section
			 39-4405(9), Idaho
			 Code, and rules adopted thereunder or a facility regulated under the authority
			 of The Atomic Energy Act of 1954, as amended. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.012 - APPLICABLE REQUIREMENTS FOR TIER II FACILITIES

Current through August 31, 2023
The owner and operator of a Tier II facility shall establish
				compliance with the requirements of Section
				012 by obtaining Department
				approval of the applications required in Subsection
				012.02 before beginning
				construction and Subsection
				012.04 prior to accepting waste.
				The owner and operator of a Tier II facility shall meet the requirements of
				Subsection 012.05 prior to facility
				closure. (3-24-22)
01.
General
			 Siting Requirements
. The owner and operator of a Tier II facility shall
			 comply with the following siting requirements: (3-24-22)
a. Flood Plain Restriction. A facility shall
			 not be located within a one hundred (100) year flood plain if the facility will
			 restrict the flow of the one hundred (100) year flood, reduce the temporary
			 water storage capacity of the flood plain, or result in a washout of solid
			 waste so as to pose a hazard to human health and the environment.
			 (3-24-22)
b. Endangered or
			 Threatened Species Restriction. The facility shall not cause or contribute to
			 the taking of any endangered or threatened species of plants, fish, or wildlife
			 or result in the destruction or adverse modification of the critical habitat of
			 endangered or threatened species as identified in 50 CFR Part 17 .
			 (3-24-22)
c. Surface Water
			 Restriction. The active portion of a facility shall be located such that the
			 facility shall not cause contamination of surface waters, unless such surface
			 waters are an integral part of the non-municipal solid waste management
			 facility's operation for storm water and/or leachate management.
			 (3-24-22)
d. Park, Scenic or
			 Natural Use Restriction. The active portion of a facility shall not be located
			 closer than one thousand (1,000) feet from the boundary of any state or
			 national park, or land reserved or withdrawn for scenic or natural use
			 including, but not limited to, wild and scenic areas, national monuments,
			 wilderness areas, historic sites, recreation areas, preserves and scenic
			 trails. (3-24-22)
e. Variance from
			 Siting Requirement. An owner or operator of a facility that cannot meet the
			 siting requirements of Section
			 012 may apply for a variance from
			 the Department. The Department shall approve a written request for a variance
			 provided the owner and operator demonstrate to the Department that the variance
			 is at least as protective of public health and the environment as the siting
			 requirements in Section
			 012. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.060 - VIOLATIONS

Current through August 31, 2023
01.
Failure to Comply
. Failure
			 by any person to comply with the provisions of these rules shall be deemed a
			 violation of these rules. (3-24-22)
02.
Falsification of Statements and
			 Records
. It shall be a violation of these rules for any person to
			 knowingly make a false statement, representation, or certification in any
			 application, document, or record developed, maintained, or submitted pursuant
			 to these rules or the conditions of an approval. (3-24-22)
03.
Penalties
. Any person
			 violating any provision of these rules or any approved conditions or order
			 issued thereunder shall be liable for civil penalty in accordance with Title
			 39, Chapter 1, Idaho Code. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.061 - OPEN BURNING AND FIRES

Current through August 31, 2023
Open burning is prohibited at facilities except as authorized
				by IDAPA 58.01.01, "Rules for the Control of Air Pollution in Idaho," and the
				following: (3-24-22)
01.
No Open
			 Burning During an Air Pollution Episode
. No open burning may be
			 conducted during an air pollution episode, declared in accordance with IDAPA
			 58.01.01, "Rules for the Control of Air Pollution in Idaho";
			 (3-24-22)
02.
Conditions
			 Under Which Open Burning Authorized
. Open burning is authorized only if
			 it is infrequent and the materials are agricultural wastes, silviculture
			 wastes, land clearing debris, diseased trees, or debris from emergency cleanup
			 operations. Materials burned may not include garbage, dead animals, asphalt,
			 petroleum products, paints, tires or other rubber products, plastics, paper
			 (other than that necessary to start the fire), cardboard, treated wood,
			 construction debris, metal, pathogenic wastes, hazardous wastes, or any other
			 substance (other than natural vegetation) that when burned releases toxic
			 emissions, dense smoke or strong odors; and (3-24-22)
03.
Contact Department and Local Fire
			 Authority Prior to Conducting Open Burning
. Open burning may be
			 conducted pursuant to conditions set forth by the Department or local fire
			 authority. The owner and operator of the facility must contact the Department
			 and the local fire authority prior to conducting open burning to report its
			 nature and location. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.994 - COMMERCIAL SOLID WASTE SITING LICENSE FEE

Current through August 31, 2023
An application for a commercial solid waste siting license
				required by the Idaho Solid Waste Facilities Act shall be accompanied by a
				siting license fee in an amount established by these rules. The license fee
				shall not exceed seven thousand five hundred dollars ($7,500) and shall be
				submitted with the siting license application. (3-24-22)
01.
Commercial Solid Waste Siting
			 License Fee Criteria
. The commercial solid waste siting license fee
			 required by the Idaho Solid Waste Facilities Act and these rules shall apply to
			 commercial MSWLFs only and shall be based on the cost of the Department's
			 review and the characteristics of the proposed commercial solid waste facility,
			 including the projected site size, projected waste volume, and the
			 hydrogeological and atmospheric characteristics surrounding the site.
			 (3-24-22)
02.
Commercial
			 Solid Waste Siting License Fee Scale
. The commercial solid waste siting
			 license fee required by the Idaho Solid Waste Facilities Act and these rules
			 shall be determined using the table below. The fee determined using the table
			 below may then be adjusted by the Department if necessary to reflect the cost
			 of the Department's review, taking into account the hydrogeological and
			 atmospheric characteristics surrounding the site.
COMMERCIAL SOLID WASTE SITING
							 LICENSE FEE SCALE PROJECTED SOLID WASTE VOLUME Tons per day
							 (TPD)
Site Size
Up to 20
							 TPD
20 to 100
							 TPD
More than 100
							 TPD
5 acres or less
$3,500
$4,500
$5,500
5 to 50 acres
$4,500
$5,500
$6,500
more than 50 acres
$5,500
$6,500
$7,500
(3-24-22)
03.
Notification of Adjustment of
			 Fee
. Within thirty (30) days of receipt of the application and fee, the
			 Department shall notify the applicant if the fee has been adjusted and the date
			 by which any additional fee must be paid by the applicant. (3-24-22)
04.
Expansion or Enlargement of a
			 Commercial Solid Waste Facility
. The expansion or enlargement of a
			 commercial solid waste facility constitutes a new proposal for which a
			 commercial solid waste siting license is required and for which a siting
			 license fee must be paid. All commercial solid waste facilities not in
			 operation on March 20, 1996 must submit a commercial solid waste license
			 application and fee. (3-24-22)
05.
Commercial Solid Waste Siting License Fee Not Refundable
. The
			 commercial solid waste siting license fee required by the Idaho Solid Waste
			 Facilities Act and by these rules shall not be refundable and may not be
			 applied toward any subsequent application should the commercial solid waste
			 siting license application be canceled, withdrawn or denied.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.995 - COMMERCIAL SOLID WASTE SITING LICENSE APPLICATION

Current through August 31, 2023
In addition to the contents of a Siting License Application as
				required in the Idaho Solid Waste Facilities Act, these rules require the
				applicant to include in the application the following items: (3-24-22)
01.
Location
. A map indicating
			 the location of the proposed commercial solid waste facility;
			 (3-24-22)
02.
Copies of
			 Application
. Ten (10) copies of the completed application; and
			 (3-24-22)
03.
Application
			 Format
. A copy of the application in a format prepared for photocopying.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.999 - CONFIDENTIALITY OF RECORDS

Current through August 31, 2023
Information obtained by the Department under these rules is
				subject to public disclosure pursuant to the provisions of Chapter 1, Title 74,
				Idaho Code. Information submitted under a trade secret claim may be entitled to
				confidential treatment by the Department as provided in Section
				74-114, Idaho Code, and IDAPA
				58.01.21, "Rules Governing the Protection and Disclosure of Records in the
				Possession of the Department of Environmental Quality." (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.07 - RULES REGULATING UNDERGROUND STORAGE TANK SYSTEMS › Section 58.01.07.000 - LEGAL AUTHORITY

Current through August 31, 2023
Chapters 1 and 88, Title 39, Idaho Code, grant authority to the
				Board of Environmental Quality to promulgate rules for the regulation of
				underground storage tank systems within the state of Idaho. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.07 - RULES REGULATING UNDERGROUND STORAGE TANK SYSTEMS › Section 58.01.07.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 58.01.07, "Rules Regulating
			 Underground Storage Tank Systems." (3-24-22)
02.
Scope
. These rules establish
			 standards and procedures necessary for the regulation of underground storage
			 tank systems. Compliance with these rules shall not relieve persons from the
			 obligation to comply with other applicable state or federal laws.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.07 - RULES REGULATING UNDERGROUND STORAGE TANK SYSTEMS › Section 58.01.07.002 - WRITTEN INTERPRETATIONS

Current through August 31, 2023
As described in Section
				67-5201(19)(b)(iv),
				Idaho Code, the Department of Environmental Quality may have written statements
				which pertain to the interpretation of these rules. If available, such written
				statements can be inspected and copied at cost at the Department of
				Environmental Quality, 1410 N. Hilton, Boise, Idaho 83706-1255.
				(3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.07 - RULES REGULATING UNDERGROUND STORAGE TANK SYSTEMS › Section 58.01.07.003 - ADMINISTRATIVE PROVISIONS

Current through August 31, 2023
Persons may be entitled to appeal agency actions authorized
				under these rules pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules
				for Protection and Disclosure of Records." (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.07 - RULES REGULATING UNDERGROUND STORAGE TANK SYSTEMS › Section 58.01.07.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
Any reference to any document identified in Subsection
				004.01 shall constitute the full
				adoption by reference into IDAPA 58.01.07. (3-24-22)
01.
Documents Incorporated by
			 Reference
. Technical Standards and Corrective Action Requirements for
			 Owners and Operators of Underground Storage Tanks,
			 40 CFR Part
			 280, revised as of July 1, 2017 with the
			 following exceptions: (3-24-22)
a.
									40 CFR
			 280.12, the definition of "Re7placed" is
			 excluded; (3-24-22)
b.
									40 CFR
			 280.12, the definition of "Under-dispenser
			 containment or UDC" is excluded; (3-24-22)
c.
									40 CFR
			 280.20, the introductory paragraph sentence,
			 "In addition, except for suction piping that meets the requirements of Section
			 280.41(b)(1)(ii)(A) through
			 (E), tanks and piping installed or replaced
			 after April 11, 2016 must be secondarily contained and use interstitial
			 monitoring in accordance with Section
			 280.43(g)," is
			 excluded; (3-24-22)
d.
									40 CFR
			 280.20(f), is excluded;
			 (3-24-22)
e.
									40 CFR
			 280.34(b)(9), the citation
			 to Section 280.245 is excluded;
			 (3-24-22)
f.
									40 CFR
			 280.41(a)(1), "installed on
			 or before April 11, 2016..." is excluded; (3-24-22)
g.
									40 CFR
			 280.41(a)(2), is excluded;
			 (3-24-22)
h.
									40 CFR
			 280.41(b)(1), "installed on
			 or before April 11, 2016..." is excluded; (3-24-22)
i.
									40 CFR
			 280.41(b)(2), is excluded;
			 (3-24-22)
j.
									40 CFR
			 280.42, Note to paragraph (a), "for tank
			 installed on or before October 13, 2015." is excluded; (3-24-22)
k.
									40 CFR
			 280.42(e), "installed on or
			 before October 13, 2015..." is excluded; and (3-24-22)
l. 40 CFR Part 280 Subpart J is excluded.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.07 - RULES REGULATING UNDERGROUND STORAGE TANK SYSTEMS › Section 58.01.07.005 - OFFICE HOURS - MAILING ADDRESS AND STREET ADDRESS

Current through August 31, 2023
The state office of the Department of Environmental Quality and
				the office of the Board of Environmental Quality are located at 1410 N. Hilton,
				Boise, Idaho 83706-1255, (208) 373-0502,
www.deq.idaho.gov
. The office hours are
				8 a.m. to 5 p.m. Monday through Friday. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.07 - RULES REGULATING UNDERGROUND STORAGE TANK SYSTEMS › Section 58.01.07.006 - CONFIDENTIALITY OF RECORDS

Current through August 31, 2023
Information obtained by the Department under these rules is
				subject to public disclosure pursuant to the provisions of Title 74, Chapter 1,
				Idaho Code, and IDAPA 58.01.21, "Rules Governing the Protection and Disclosure
				of Records in the Possession of the Idaho Department of Environmental Quality."
				(3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.07 - RULES REGULATING UNDERGROUND STORAGE TANK SYSTEMS › Section 58.01.07.100 - ADDITIONAL MEASURES TO PROTECT GROUND WATER FROM CONTAMINATION

Current through August 31, 2023
01.
Notification
. An owner,
			 operator or designee must: (3-24-22)
a.
			 Provide written notice to the Department thirty (30) days prior to the
			 installation of a new piping system or a new or replacement petroleum
			 underground storage tank. (3-24-22)
b. Provide notice to the Department
			 twenty-four (24) hours prior to the installation of a replacement piping
			 system. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.07 - RULES REGULATING UNDERGROUND STORAGE TANK SYSTEMS › Section 58.01.07.101 - ALTERNATIVE PERIODIC TESTING OF CONTAINMENT SUMPS USED FOR INTERSTITIAL MONITORING OF PIPING

Current through August 31, 2023
01.
Applicability
. (3-24-22)
a. The
			 alternative test method in Subsection
			 101.02 shall only be used for
			 containment sumps that are performing continuous interstitial monitoring as a
			 piping release detection method where an electronic sump sensor is installed
			 and connected to an electronic monitoring device, such as an automatic tank
			 gauge, or where the piping within a containment sump is continuous to a
			 containment sump which has an electronic sump sensor installed and connected to
			 an electronic monitoring device, such as an automatic tank gauge. (3-24-22)
i. The sump sensor in Subsection
			 101.01.a. must be positioned
			 in the containment sump according to manufacturer instructions and at the
			 lowest possible point in the containment sump. (3-24-22)
ii. The sump sensor in Subsection
			 101.01.a. must be wired and
			 programmed appropriately to shut down power to the submersible turbine pump
			 (positive shutdown) when the sensor is in contact with liquid in any
			 containment sump. (3-24-22)
iii. If
			 new dispensers are added and Subsection
			 101.01.a.ii. cannot be
			 achieved (no electrical conduit, not enough sensor ports, etc.), an electronic
			 stand-alone dispenser containment sump sensor may be used if it is wired
			 appropriately to shut down power to the dispenser when the sensor is in contact
			 with liquid in the dispenser containment sump. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.07 - RULES REGULATING UNDERGROUND STORAGE TANK SYSTEMS › Section 58.01.07.200 - RELEASE REPORTING REQUIREMENTS

Current through August 31, 2023
01.
Information to be Reported
. (3-24-22)
a. In addition to the requirements in IDAPA
			 58.01.02, "Water Quality Standards," Subsection
			 851.01, owners or operators
			 shall report the following information regarding confirmed petroleum
			 underground storage tank releases to the Department on forms provided by the
			 Department: (3-24-22)
i. The release source;
			 and (3-24-22)
ii. The release
			 cause. (3-24-22)