siting license required — exemptions

39-4433. siting license required — exemptions. (1) No person shall commence construction of or undertake any major modification of a commercial hazardous waste facility or any on-site land disposal facility for wastes listed in section 201(d)(2) and (e), as modified by section 209 of the hazardous and solid waste amendments of 1984, without a siting license issued by the director. (2) A permit shall not be issued pursuant to section 39-4409, Idaho Code, unless the applicant has been issued a site license by the director. (3) The owner or operator of the facility or site, rather than a contractor or other third-party agent thereof, shall be responsible for obtaining the siting license. (4) Facilities exempted from permitting pursuant to the provisions of section 39-4409, Idaho Code, shall not require a license under the provisions of this chapter. (5) The director may exempt a facility from the requirement to obtain a siting license if the director determines that the exemption is in the public interest and is consistent with state and federal law. (6) A hazardous waste facility that was in existence on July 1, 1985, shall not be subject to the provisions of this chapter unless a major modification is being proposed to such facility.