Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.013 - APPLICABLE REQUIREMENTS FOR TIER III FACILITIES

Current through August 31, 2023
The owner and operator of a Tier III facility shall establish
				compliance with the requirements of Section
				013 by obtaining Department
				approval of the applications required in Subsection
				013.02 before beginning
				construction and Subsection
				013.04 prior to accepting waste.
				The owner and operator of a Tier III facility shall meet the requirements of
				Subsection 012.07 prior to facility
				closure. (3-24-22)
01.
General
			 Siting Requirements
. The owner and operator of a Tier III 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. Ground Water. The
			 active portion of the facility shall be located, designed and constructed such
			 that the facility shall not cause contamination to a drinking water source or
			 cause contamination of ground water. (3-24-22)
e. Geologic Restrictions. No facility may be
			 located on land that would threaten the integrity of the design.
			 (3-24-22)
f. Property Line
			 Restriction. The active portion of a facility shall not be located closer than
			 one hundred (100) feet to the property line. (3-24-22)
g. 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)
h. Variance from Siting Requirement. Any
			 facility that does not meet the siting requirements of Section
			 013 may apply for a variance from
			 the Department. The Department may 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
			 013. (3-24-22)