IdahoH 07142026 regular legislative sessionHouseWALLET

HAZARDOUS WASTE – Amends and adds to existing law to provide for hazardous waste management.

Sponsored By: ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE

Signed by Governor

HAZARDOUS WASTE

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 2 benefits, 1 costs, 5 mixed.

Compensation for property losses near hazardous sites

Beginning July 1, 2026, property owners or users near an approved hazardous‑waste facility can sue for loss in value. You must file before construction starts or within nine months after the siting license is approved. If the court finds devaluation or loss of use, the facility owner must pay you. For later approved changes, you have nine months to file. The owner can abandon the project before an award and pay your actual damages.

New siting application fee up to $7,500

From July 1, 2026, siting license applicants must include engineering, hydrogeologic, and risk‑mitigation plans with the application. Applicants must pay a sliding application fee set to review costs, capped at $7,500. The department uses these fees to pay its actual, reasonable review costs.

New siting license and strict location limits

Starting July 1, 2026, commercial hazardous‑waste projects must get a state siting license. New sites must meet strict distances: 2,500 feet from surface water, 1,000 feet from wells, 5,000 feet from homes, and 3 miles from schools, hospitals, airports, churches, and towns over 150 people. A 500‑foot inactive buffer is required, and incinerators are barred in Class I areas. A 10‑member review panel holds a public hearing, takes comments, and recommends conditions; the director checks completeness in 45 days, gives findings in 65 days, and decides within 30 days after the panel’s recommendation. Cities and counties cannot pass rules that flatly ban these facilities.

Stricter permits and cleanup duties

Beginning July 1, 2026, owners and operators need a state permit to build, run, or change hazardous‑waste facilities. Permits last up to 10 years and are reviewed at least every five years. New permits must require cleanup of any releases on‑site and off‑site, no matter when the waste was placed. Federal interim status or EPA permits carry over until a state permit is issued. The board sets safety, training, and financial‑assurance rules and may exempt some classes. The department may grant a hardship variance for up to three years; renewals need public notice and comment.

Local agencies can enforce program parts

Starting July 1, 2026, the director can certify a city, county, or health district to enforce parts of the hazardous‑waste program. Certification must keep the state’s federal authorization intact. The director may rescind certification after notice and a hearing or if the local entity asks.

New reporting and inspection rules

From July 1, 2026, generators and commercial hazardous‑waste disposal facilities must file a yearly report by January 31. The department reports statewide data each year by March 1. Sixty days after the state issues the required lists and criteria, it is unlawful to handle hazardous waste without reporting to the department. Inspections must follow Fourth Amendment protections: no warrantless administrative searches without consent or an emergency. Inspectors may enter at reasonable times with ID, take samples with receipts, and seek an administrative search warrant.

State hazardous waste rules reorganized

On July 1, 2026, Idaho repeals its old hazardous‑waste chapter and updates the program to match federal law. The director must keep state control under RCRA and publish a statewide management plan that flags unsuitable locations. The law updates key definitions that decide who and what is regulated. It also clarifies that facilities already governed by federal RCRA Subtitle C or covered state laws are excluded from this chapter.

Tighter disposal rules and landfill liquid ban

Starting December 1, 2026, treating, storing, or disposing of hazardous waste that may enter the environment is illegal without a department permit, variance, or exemption. Six months later, nonhazardous liquids may not go into permitted or interim‑status landfills unless the owner or operator makes the required showing. These tighter rules can raise compliance and waste‑handling costs.

Sponsors & Cosponsors

Sponsor

ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
Affiliation unavailable

Cosponsors

John Vander Woude
Republican • House

Roll Call Votes

All Roll Calls

Yes: 102 • No: 0

House vote • 3/17/2026

House Floor Vote

Yes: 34 • No: 0

House vote • 3/5/2026