All Roll Calls
Yes: 103 • No: 0
IdahoH 05552026 regular legislative sessionHouse
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
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Bill Overview
Analyzed Economic Effects
21 provisions identified: 3 benefits, 8 costs, 10 mixed.
30-year care and financial guarantees
Post‑closure care for municipal landfills lasts 30 years, or until the site is stabilized. Owners and operators must keep an operations plan that covers operation, closure, and post‑closure care. Financial assurance rules apply starting April 9, 1995 (October 9, 1995 or later for certain units under federal rules). DEQ reviews financial assurance plans under this chapter’s procedures.
Science-based rules and clear notices
DEQ may write rules to carry out this law, but rules cannot be broader or stricter than federal law. Beginning July 1, 2026, the department must use the best available peer‑reviewed science and include full risk details when proposing health or environmental standards. Also starting July 1, 2026, proposed and adopted rules that go beyond federal law must clearly say which parts are broader or stricter. The director can define major and minor modifications by rule or policy. Older related code sections 39‑7408A through 39‑7408D are repealed.
Stricter landfill closure and post-closure
Closure standards apply to landfill units that received waste on or after October 9, 1993. Units that accepted waste after October 9, 1991 but stopped before October 9, 1993 must meet minimum closure rules. Post-closure care must follow 40 C.F.R. 258.61 and needs department approval of your post-closure plan. Final cover must meet 40 C.F.R. 258.60 or use a fine‑grained cover at least 24 inches thick with permeability at or below 1×10^-3 cm/sec. The alternative is allowed only where annual rain is under 25 inches and net evaporation is over 30 inches, and it must meet water‑balance and planting criteria. Final grades must be more than 2% and side slopes cannot be steeper than 33%, unless your approved plan supports another design. Before closing, publish a notice in a county newspaper and post signs 30–90 days in advance. After certified closure, record an environmental covenant and send a copy to the department.
Stronger financial assurance for landfills
New and existing landfill units, and expansions, must keep financial assurance in place for closure, post‑closure care, and corrective action, as required by 40 C.F.R. 258.71–258.73. Some units are exempt under 40 C.F.R. 258.1(d) or 258.70(a). Owners may use one or a mix of allowed mechanisms under 40 C.F.R. 258.74.
New landfill and transfer fees
Each municipal landfill pays a $4,000 annual inspection fee, due by October 31 (prorated for openings/closures). A $0.07‑per‑ton fee applies to waste disposed at Idaho landfills and to transfer‑station waste shipped for disposal out of state. Returns are due monthly within 30 days; the department may allow up to quarterly reporting. Co‑located facilities pay the same annual inspection fee and tonnage fees for the landfill portion. Other solid waste facilities also pay an annual inspection fee set by the director. Application fees are due at filing in amounts set by the director.
Faster, clearer cleanup program applications
Beginning July 1, 2026, applicants to the state remediation program must submit an environmental assessment that meets ASTM E 1527 or an equivalent. The department must decide if you are eligible within 30 days after it receives your application. The department can reject your application if the site must be cleaned up under other listed Idaho laws, if it is an imminent and substantial threat, or if your filing is incomplete. If it rejects for incompleteness, it must list all missing items; if it fails to send the list, your application is treated as complete. If your application is rejected, the department must notify you and explain why.
Pilot landfill permits: fees and limits
The law sets fees for pilot landfill permits: $250 to apply and $100 to renew, plus deposits for department review (initial $2,500 with more $2,500 installments as needed). Unused money is returned within 60 days after a final decision. Reviews can pause if deposits are not paid. Each permit or renewal lasts up to 3 years, and the total project term cannot exceed 21 years. Some landfills cannot get these permits: units under chapter exemptions or 40 C.F.R. 258.1(f); units at 20 tons per day (annual average) or less that are not eligible for a variance; and units with unresolved groundwater or landfill gas exceedances. If you only recirculate leachate or gas condensate under 40 C.F.R. 258.28, you do not need this permit. Permits may be transferred to a new owner or operator who agrees in writing to follow all permit terms and then is responsible for compliance.
Independent monitoring around INL
DEQ runs its own environmental monitoring network in and around the Idaho National Laboratory. The data support enforcement, cleanup reviews, and tracking of state‑federal agreements. DEQ gives regular updates to state leaders and the public. The director may make agreements with the U.S. Department of Energy to carry out this work.
One approval for co-located facilities
Applicants can file one combined application for a co‑located waste facility. The director issues a single approval for the site. A co‑located facility means separate units for household and nonmunicipal waste on the same property. Each unit still follows the rules that apply to its waste type.
More inspections and tougher collections
DEQ staff may enter facilities during normal hours to inspect. Facilities must keep scale or volume data, invoices, shipping papers, and manifests for at least five years. Owners and the director do full inspections every 3–5 years, and DEQ reviews groundwater and financial‑assurance files each year. The department can use state income‑tax penalties, liens, and collection tools to collect solid waste fees, and the director must use enforcement tools in section 39‑108. The director may also use negotiated compliance agreements. People can sue for refunds or wrongful seizures; final judgments are paid from the state general fund.
More oversight of landfill operations
Landfill operators must recertify their operations plan at least every five years. If you complete a corrective measures assessment, you must hold a public meeting with interested and affected people before choosing a remedy.
Plans and approvals before taking waste
Before accepting waste, owners must have site certification, design approval, an approved operations plan, and a current operating certificate. Applicants submit a preliminary investigation and design for review, then a final design report stamped by a qualified professional. Any expansion or new activity requires updated designs and an amended operations plan. DEQ decides if changes are major or minor and reviews them accordingly. Operators must keep operating and recordkeeping procedures that meet 40 C.F.R. 258.29, and may request alternative criteria in the plan or by amendment.
Stronger landfill design and controls
Landfills must meet strict liner and leachate rules. An arid design is allowed only if waste sits at least 50 feet above the seasonal high groundwater and climate and soil tests are met, including under 25 inches of rain and over 30 inches of net evapotranspiration. Sites must install enough monitoring wells within 150 meters downgradient, build wells to state and industry standards, take background samples quarterly for a year, then sample twice a year. Landfills must control methane and disease vectors, provide daily cover, control access and stormwater, and stop free liquids from being dumped. Units that average over 20 tons per day must track daily weather and weigh or accurately estimate all incoming tonnage.
Clear rules for landfill changes
Major changes include things like lateral expansions and big liner design changes. Minor changes include items like new processing methods or adding monitoring wells that do not raise risk. You must get the director’s approval before any major or minor change. You can ask for a preliminary call on whether a change is major (14 days with a summary, 28 days without). If a minor change is rejected, the notice must show evidence of higher risk, and you can appeal. Approved changes must be included at recertification or filed earlier as an operations plan amendment.
Faster landfill permits and appeals
The law sets clear permit timelines. The agency has 14 days to check completeness, a 35‑day public comment window, and 70 days to decide. You get all comments in 14 days and have 21 days to respond. Your qualified professionals’ certifications are accepted unless strong evidence shows they are wrong. If the agency misses deadlines, your filing can be deemed complete or approved. You and the agency can agree to extend deadlines or use mediation. If rejected, a 21‑day pause starts to fix issues; approval can be issued during that time. You must publish public notices when an application is complete and after approval. You, the department, and affected people can seek court review, with faster review in urgent cases. Site certifications transfer to a new owner when a certified site is sold.
Counties must approve district-wide health orders
When a district health board issues an order for everyone in a county or district, county commissioners must vote within seven days. If the county approves, the order takes effect in that county for 30 days. Each added 30‑day period needs another county vote.
Definitions for non-household waste sites
The law defines nonmunicipal solid waste and landfills that take only that waste. It also defines “no potential for migration,” meaning the geology must hold hazardous constituents through operation, closure, and post‑closure. These definitions shape how non‑household waste sites are permitted and reviewed.
DEQ now leads landfill oversight
The Idaho Department of Environmental Quality (DEQ) runs the state solid waste program. The DEQ director issues site certificates and approves landfill designs, groundwater monitoring, operations, closure, and financial assurance. Counties still choose sites and work with DEQ, and they hold financial‑assurance funds. District health boards no longer certify landfill sites. DEQ enforces this law and related federal rules.
What wastes and sites are covered
A municipal landfill can take household waste and some other Subtitle D wastes, including commercial solid waste, nonhazardous sludge, small‑quantity generator waste, and industrial solid waste. The law narrows what counts as “solid waste,” excluding items like mining overburden, certain liquid discharges covered by water laws, regulated hazardous waste, some wood debris, and some clean soils and dredge spoils. Landfills that took waste on or after October 9, 1993 must meet these rules. Sites that stopped by October 9, 1991, or stopped under 40 C.F.R. 258.1(d) rules, are exempt. A noncompliant landfill must stop taking waste unless DEQ approves a schedule to fix problems.
Funding and financial assurance for landfills
The state creates a Solid Waste Regulatory Fund for DEQ oversight, fed by fees, penalties, interest, and appropriations. Lawmakers will review fee levels in the 2030 session. For landfills not on federal or state land, counties hold financial‑assurance money in a county trust fund and can require audits; they are co‑principals on bonds and similar tools. Counties may borrow using registered warrants, prearranged with a lender, to pay for monitoring or cleanup. Cities and districts can use any lawful financial‑assurance method, with extra options if they qualify under 40 C.F.R. 258.74(f). DEQ reimbursement contracts are limited to five years and must follow appropriations.
Research permits with strict safeguards
When an applicant asks and agrees to reimburse costs, the director starts the process to let Idaho issue research, development, and demonstration permits. After EPA approval, the director may issue these permits with conditions. The landfill must keep leachate under 30 centimeters on the liner and get approval for any liquids added. It must install gas collection and control per federal rules and use the gas for energy when feasible. DEQ also builds an EPA‑approved research and demonstration program inside Idaho’s solid waste program.
Sponsors & Cosponsors
Sponsor
LOCAL GOVERNMENT COMMITTEE
Affiliation unavailable
Cosponsors
Doug Ricks
Republican • Senate
Jon O. Weber
Republican • House
Roll Call Votes
Senate vote • 2/24/2026
Senate Floor Vote
Yes: 34 • No: 0
House vote • 2/9/2026
House Floor Vote
Yes: 69 • No: 0
Actions Timeline
Reported Signed by Governor on March 2, 2026 Session Law Chapter 7 Effective: 07/01/2026
3/3/2026Delivered to Governor at 2:55 p.m. on February 27, 2026
3/2/2026Returned Signed by the President; Ordered Transmitted to Governor
2/27/2026SenateSigned by President; returned to House
2/26/2026SenateReceived from the House enrolled/signed by Speaker
2/26/2026SenateReported Enrolled; Signed by Speaker; Transmitted to Senate
2/25/2026HouseReturned from Senate Passed; to JRA for Enrolling
2/25/2026HouseRead third time in full – PASSED - 34-0-1
2/24/2026SenateRead second time; filed for Third Reading
2/18/2026SenateReported out of Committee with Do Pass Recommendation; Filed for second reading
2/17/2026SenateIntroduced, read first time; referred to: Health & Welfare
2/10/2026SenateReceived from the House passed; filed for first reading
2/10/2026SenateRead Third Time in Full – PASSED - 69-0-1
2/9/2026HouseRead second time; Filed for Third Reading
2/6/2026HouseReported out of Committee with Do Pass Recommendation, Filed for Second Reading
2/5/2026HouseReported Printed and Referred to Local Government
1/30/2026HouseIntroduced, read first time, referred to JRA for Printing
1/29/2026House
Bill Text
Bill Text
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