Title 39, HEALTH AND SAFETY

39-4405. RULES IN GENERAL. Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the board shall adopt such rules as are necessary and feasible for the management of the generation, collection, transportation, treatmen…

39-4406. GENERAL POWERS AND DUTIES OF DIRECTOR. The director: (1) Shall take all actions not inconsistent with this chapter as are necessary and feasible to enable the department to assume and continue primacy over hazardous waste management, pursuant to RCRA; (2) May conduct and…

39-4407. IDENTIFICATION OF HAZARDOUS WASTES. (1) The board shall establish criteria for determining if any waste or combination of wastes is hazardous or nonhazardous, for the purposes of this chapter. (2) The board may adopt, and amend from time to time a list or lists of hazard…

39-4408. UNAUTHORIZED TREATMENT, STORAGE, RELEASE, USE OR DISPOSAL OF HAZARDOUS WASTE PROHIBITED. (1) No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose any hazardous waste in such a manner that the waste,…

39-4409. PERMIT REQUIREMENTS FOR HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES. (1) No person shall construct, operate, or modify a hazardous waste treatment, storage, or disposal facility or site without a permit from the department. The owner or operator of the fac…

39-4410. TRANSPORTATION OF HAZARDOUS WASTE. (1) The board shall promulgate hazardous waste transportation rules and regulations to control the intrastate and interstate transportation of federally regulated types and quantities of hazardous waste. The rules and regulations shall …

39-4411. RECORDS -- REPORTING -- MONITORING. (1) Pursuant to the provisions of section 39-4405, Idaho Code, the board shall adopt, and amend as necessary, such rules relating to records, reporting, and monitoring as may be needed to achieve the purposes of this chapter. These rul…

39-4412. INSPECTIONS -- RIGHT OF ENTRY. (1) All inspections and searches conducted under the authority of this chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the Un…

39-4413. ENFORCEMENT PROCEDURES. (A) Whenever the director determines that any person is in violation of any provision of this chapter or any permit, standard, regulation, condition, requirement, compliance agreement or order issued or promulgated pursuant to this chapter, one or…

39-4414. REMEDIES. The remedies specified in this section are cumulative and nonexclusive. (1) MONETARY PENALTIES. (a) Any person who makes a false statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained, or used…

39-4415. VIOLATIONS CONSTITUTING MISDEMEANORS. (1) Any person who knowingly makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for the purpose of complying with the provisions of thi…

39-4416. CITIZEN SUITS. (1) Except as provided in subsection (2) of this section, any person who has been injured or damaged by an alleged violation of any permit, standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter, may comm…

39-4417. HAZARDOUS WASTE EMERGENCY ACCOUNT. (1) There is hereby created an account in the state treasury to be designated the hazardous waste emergency account. (2) The account shall consist of moneys appropriated to the account by the legislature, moneys allotted to the account …

39-4418. LOCAL GOVERNMENT NOTICE. A permit for a new hazardous waste land disposal facility or site shall not be issued until the department has given ninety (90) days' notice to the board of county commissioners of the county in which the proposed facility or site is to be locat…

39-4419. INTERSTATE COOPERATION. The director shall have the power and the duty to encourage cooperative activities between the department and other states for the improved management of hazardous wastes, and so far as is practical, to provide for uniform state regulations and fo…

39-4420. EMPLOYMENT SECURITY. (1) No employee of a hazardous waste generator, transporter or treatment, storage, or disposal facility or site shall be dismissed, suspended, or otherwise discriminated against because the employee testifies, provides information or otherwise assist…

39-4421. GOOD SAMARITAN PROTECTION. (1) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened leakage, seepage, or other release of hazardous waste, or in pr…

39-4422. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remainin…

39-4423. DISPOSAL OF RESTRICTED HAZARDOUS WASTES PROHIBITED. (1) Notwithstanding any other provision of law to the contrary, no person shall discharge, deposit, inject, dump, spill, leak, or place any restricted hazardous waste, as defined in section 39-4403, Idaho Code, into or …

39-4424. DISPOSAL OF MANIFESTED WASTE. Manifested waste, as that term is defined in section 39-4403, Idaho Code, shall only be treated, stored or disposed of in this state at a permitted hazardous waste treatment, storage or disposal facility unless the burning of such manifested…

39-4426. APPOINTMENT OF INSPECTORS. (1) The department of environmental quality shall assign a sufficient number of employees and equipment to inspect hazardous waste facilities or sites permitted under section 39-4409, Idaho Code, and located in Idaho where disposal of hazardous…

39-4427. COMMERCIAL DISPOSAL FEES. (1) There is imposed on the owner or operator of every commercial hazardous waste disposal facility or site permitted under section 39-4409, Idaho Code, the lowest applicable fee for each ton of waste or fraction thereof, as follows: (a) Thirty …

39-4428. COLLECTION OF COMMERCIAL DISPOSAL FEES -- RETURNS. (1) The fees imposed under section 39-4427, Idaho Code, shall be due and payable in monthly installments by the owner, agent, employee, or operator of such hazardous waste facility or site and remittance shall be made to…

39-4429. BOOKS AND RECORDS TO BE PRESERVED -- ENTRY AND INSPECTION BY DEPARTMENT OF ENVIRONMENTAL QUALITY. Every person or entity subject to the imposition of the fees specified in section 39-4427, Idaho Code, shall keep complete and accurate records, including itemized invoices …

39-4430. ADDITIONS AND PENALTIES. The additions, penalties, and requirements provided by the Idaho income tax act, sections 63-3046, 63-3075, 63-3076 and 63-3077, Idaho Code, as they now exist or as they may be subsequently amended, shall apply in the same manner and to the same …

39-4431. COLLECTION AND ENFORCEMENT. (1) The collection and enforcement procedures available to the Idaho state tax commission provided by the Idaho income tax act, sections 63-3030A, 63-3038, 63-3039, 63-3040, 63-3042 through 63-3045A, 63-3047 through 63-3065A, 63-3068, 63-3071,…

39-4432. DISTRIBUTION OF COMMERCIAL DISPOSAL FEE REVENUES. The revenues received from the commercial disposal fees imposed by this chapter and any penalties, interest, or deficiency additions, shall be paid over to the state treasurer by the department to be distributed periodica…

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 2…

39-4434. SITING LICENSE APPLICATION AND FEE. (1) An application for a siting license shall include: (a) The name and address of the applicant; (b) The location or proposed location of the hazardous waste facility; (c) Engineering or hydrogeologic information demonstrating complia…

39-4435. MINIMUM SITING CRITERIA FOR HAZARDOUS WASTE FACILITIES. (1) A new hazardous waste facility shall not be sited: (a) Where: (i) The seasonal high depth of ground water, beneath the proposed site, is less than one hundred (100) feet below the lowest point of disposal. Perch…

39-4436. DUTIES OF DIRECTOR UPON RECEIPT OF SITING LICENSE APPLICATION. (1) Within forty-five (45) days of receiving an application, the director shall determine whether the application is complete and complies with the technical criteria required by section 39-4435, Idaho Code, …

39-4437. SITE REVIEW PANELS -- ESTABLISHMENT AND ORGANIZATION. (1) A site review panel shall be established pursuant to this section to review each siting license application received by the department, ensure public input and involvement in the application and licensing process,…

39-4438. DUTIES OF SITE REVIEW PANEL. (1) The panel's primary responsibility shall be to consider the concerns and objections submitted by the public. The panel shall facilitate efforts to provide that the concerns and objections are mitigated by proposing additional conditions f…

39-4439. LOCAL RESTRICTIONS ON HAZARDOUS WASTE FACILITIES. An ordinance, permit requirement, or other requirement of a city or county shall not prohibit the construction of a hazardous waste facility in that city or county.

39-4440. CERTIFICATION OF CITY, COUNTY, OR HEALTH DISTRICT. (1) The director may certify a city, county, or health district to administer and enforce portions of this chapter to the extent consistent with maintaining authorization of the state's hazardous waste management program…

39-4441. REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY. (1) Before construction of a hazardous waste facility, but in no case later than nine (9) months after approval of a site license for such facility, any owner or user of real property adversely affected by a…