IdahoH 05552026 regular legislative sessionHouseWALLET

SOLID WASTE FACILITIES – Amends, repeals, and adds to existing law to revise provisions regarding the Idaho Solid Waste Facilities Act.

Sponsored By: LOCAL GOVERNMENT COMMITTEE

Signed by Governor

SOLID WASTE FACILITIES

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

11 provisions identified: 0 benefits, 3 costs, 8 mixed.

New landfill fees and monthly reports

Landfill operators pay a $4,000 annual inspection fee per municipal landfill unit. A $0.07 per ton fee applies to waste disposed in Idaho landfills and to transfer-station loads sent to out‑of‑state landfills. The annual fee is due by October 31. Tonnage fees are reported and paid monthly by the 30th day after each month; non‑scaled sites convert at 500 pounds per cubic yard. The department can use tax‑collection tools, including liens, to collect unpaid fees. Application fees are set by the director, and lawmakers review fee levels in 2030. All fee money goes into a solid waste regulatory fund to run the program.

Big landfills must track weather and tons

Landfills that average more than 20 tons per day must track daily climate conditions. They must record precipitation, evaporation, air temperature, and wind speed and direction on site or at a designated local station. They must also weigh all incoming waste or use an equivalent method to estimate total annual tons.

Stronger penalties and record checks for landfills

Facilities that pay chapter fees must keep full and accurate records for at least five years, including certified scale or volume data, invoices, shipping papers, and manifests. Department agents may enter and inspect facilities and records during normal business hours. For municipal landfills, the owner and director must do a full review every three to five years and place it in the operating record. The director also reviews groundwater monitoring and financial assurance each year. State income‑tax style additions and penalties now apply to this chapter, increasing potential penalties and collection tools.

Research landfill permits with limits

Landfills can get research and demonstration permits to try new methods, including some run‑on, liquid, or final‑cover variances, if protections are met. Each permit term is up to three years, with a project cap of 21 years. Permits require leachate depth under 30 cm, director approval before any liquid recirculation, and a gas collection system that uses energy when feasible. You must pay a $250 application fee, $100 for renewals, make $2,500 review deposits as needed, and repay review and oversight costs. You cannot start construction before the permit; the director may end a project that is unsafe. Some units are ineligible, including very small sites (≤20 tons/day, with limited exceptions) and sites with unremedied groundwater or gas exceedances. Existing, compliant leachate or condensate circulation stays outside this permit section. Permits can be transferred with a compliance statement, and you can appeal final decisions. The state seeks federal authorization to issue these permits when a requester agrees to repay application costs.

Stronger landfill design and monitoring rules

Landfills must use approved liners with leachate collection. An arid design is allowed only where rain is under 25 inches, net evaporation is over 30 inches, soils hold well, waste sits at least 50 feet above seasonal high groundwater, and water‑quality limits are met. Sites must install groundwater wells per federal and state standards, with the compliance point within flow paths and no more than 150 meters downgradient on owner‑controlled land. Closed sites before October 9, 1991 are exempt. Sites that took waste on or after October 9, 1993 must comply or stop accepting waste until a plan is approved.

Clearer permit steps for waste facilities

The law sets firm timelines for key landfill applications. For site certifications, preliminary designs, new operations plans, major changes, and RDD permits or renewals, the department tells you within 14 days if your application is complete. Once complete, you must publish notice once a week for two weeks. The public can comment for 35 days after the second notice. The director decides within 70 days after comments close, sends you all comments within 14 days, and you get 21 days to respond. The law also defines “co‑located waste facilities” as separate household and nonmunicipal waste units on the same property, which can use a combined application and approval process.

Faster reviews and clearer permit steps

Before operating, you must file and certify an operations plan. Major and minor changes need director approval; the director gives a preliminary decision in 14 or 28 days. You can meet the department early and use a qualified professional’s certification; missed agency deadlines can mean your application is deemed complete or approved. After filing, you get a completeness notice in 14 days and an accept/reject in 35 days. If rejected, there is an automatic 21‑day pause to fix and resubmit.

Financial assurance held in county trusts

For landfills not on federal or state land, required closure and post‑closure funds go into a county trust. The county is trustee and is named with the owner on surety bonds, letters of credit, and insurance. The county may require an independent audit. The county is not liable for the funds except in a default.

One permit for co-located waste sites

Sites that handle household and non‑municipal waste on contiguous land can file one combined application and get one approval. These co‑located sites pay the same annual inspection fee as municipal landfills. They also pay tonnage fees based on waste disposed in the municipal landfill unit.

More transparent rules and local approval

When state rules go beyond federal ones, the department must flag which parts are stricter, use peer‑reviewed science, and show risk and uncertainty. The environmental director’s authority over pollution and waste rules is confirmed. County commissioners must vote within 7 days on any health order that covers the whole county; approved orders last 30 days and can be renewed. Some older code sections are repealed. The law takes effect July 1, 2026.

Stronger enforcement and right to sue

The director uses state enforcement powers to ensure compliance. Health districts and counties can use negotiated compliance agreements along with civil and criminal penalties. People harmed by approvals or violations can sue. If a district fails to act, the director can take over. Any final judgment against the department is paid from the state’s general fund.

Sponsors & Cosponsors

Sponsor

LOCAL GOVERNMENT COMMITTEE
Affiliation unavailable

Cosponsors

Doug Ricks
Republican • Senate
Jon O. Weber
Republican • House

Roll Call Votes

All Roll Calls

Yes: 103 • No: 0

House vote • 2/24/2026

House Floor Vote

Yes: 34 • No: 0

House vote • 2/9/2026