Title 39 — HEALTH AND SAFETY

39-5801. Short title. This chapter shall be known and may be cited as the "State Hazardous Waste Facility Siting Act."

39-5802. Legislative intent. (1) The legislature of the state of Idaho hereby finds that adverse public health and environmental impacts can result from the improper land disposal of hazardous waste and that the need for establishing safe sites with adequate capacity for the disp…

39-5803. Definitions. As used in this chapter: (1) "Panel" means the site review panel created in section 39-5812, Idaho Code. (2) "Committee" means the state hazardous waste management planning committee created in section 39-5805, Idaho Code. (3) "Department" means the departme…

39-5804. Methods of hazardous waste management. The department and the committee in the conduct of their duties under the provisions of this chapter and under the provisions of chapter 44, title 39, Idaho Code, shall assist in encouraging, developing and implementing methods of h…

39-5805. State hazardous waste management planning committee — Creation — Members. (1) The state hazardous waste management planning committee is hereby created in the department. The committee shall represent diverse geographical areas of the state. No later than September 1, 19…

39-5806. State hazardous waste siting management plan — Preparation — Inclusions — Studies — Public hearings — Summary — Amendments — Recommendation. (1) Not later than January 1, 1987, the committee shall prepare a state hazardous waste siting management plan. (2) The plan shall…

39-5807. Amendment or rejection of plan. The legislature shall amend, adopt or reject the plan by passage of a concurrent resolution at the regular legislative session when it receives the plan. If the legislature amends or rejects the plan, it shall indicate its reasons for amen…

39-5808. Siting license required. No person shall construct, expand, enlarge or alter a commercial hazardous waste disposal, treatment or storage facility or any on-site land disposal facility for wastes listed pursuant to section 201(d)(2) and (e), as modified by section 209 of …

39-5809. Permits and licenses — Issuance prior to adoption of plan. The director may issue permits under the provisions of chapter 44, title 39, Idaho Code, or licenses pursuant to this chapter, for existing or proposed hazardous waste treatment, storage or disposal facilities an…

39-5810. Licenses — Issuance after adoption of plan. After the plan has been adopted by the committee, the director shall not issue a license under the provisions of this chapter for a hazardous waste treatment, storage or disposal facility until the director has made a determina…

39-5811. Expansion, enlargement or alteration of treatment, storage, or disposal facility — Review — Siting licenses. (1) A hazardous waste treatment, storage, or disposal facility in existence on July 1, 1985, shall not require a review under the provisions of this chapter. (2) …

39-5812. Site review panels — Members, chairman, quorum, meetings, staff. (1) A site review panel shall be established to insure public input in the licensing process and to recommend to the director conditions which should be included in the siting license. Such conditions may i…

39-5813. Siting license application — Fee — Rules and regulations. (1) An application for a siting license shall include: (a) The name and residence of the applicant; (b) The location of the proposed hazardous waste treatment, storage, or disposal facility; (c) Engineering or hyd…

39-5814. Duties of director upon receipt of a siting license application — Recommendation. (1) Upon receipt of a complete siting license application, the director or an authorized representative of the director shall: (a) Immediately notify the permanent panel members, the city a…

39-5816. Local restrictions on hazardous waste treatment, storage, or disposal facility construction. An ordinance, permit requirement or other requirement of a city or county shall not prohibit the construction of a hazardous waste treatment, storage, or disposal facility in tha…

39-5817. Coordination and integration with state and federal law. The director shall coordinate and integrate the provisions of this chapter for purposes of administration and enforcement with appropriate state and federal law.

39-5818. Information obtained — Public record. (1) Except as provided in subsection (2) of this section, information obtained by the department under the provisions of this chapter shall be deemed to be a public record. (2) A person regulated under the provisions of this chapter …

39-5819. Certification of city, county, or district health departments. The department may certify a city, county or health district to administer and enforce portions of this chapter and chapter 44, title 39, Idaho Code, but only to the extent consistent with obtaining and maint…

39-5820. Remedy for devaluation of property caused by approved facility. (1) Before construction of a hazardous waste treatment, storage, or disposal facility, but in no case later than nine (9) months after approval of a site license for a hazardous waste treatment, storage, or …