Title 39 — HEALTH AND SAFETY

39-7401. Legislative findings and purposes. (1) The legislature finds: (a) That adverse public health and environmental impacts can result from the improper land disposal of solid waste and that the need for establishing safe sites with adequate capacity for the disposal of solid…

39-7402. Applicability. (1) The standards and procedures set forth in this chapter apply to owners and operators of new municipal solid waste landfill (MSWLF) units, existing MSWLF units, and lateral expansions of existing MSWLF units, except as otherwise specifically provided. (…

39-7402A. Excluded facilities. This chapter shall not apply to any facility subject to the provisions of subtitle C of RCRA, the hazardous waste management act of 1983, as amended (section 39-4401, et seq., Idaho Code) or the state hazardous waste facility siting act, as amended …

39-7403. Definitions. As used in this chapter: (1) "Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with 40 CFR 258.60. (2) "Agricultural wastes" means wastes generated on farms resulting fr…

39-7404. Consistency with federal law — Status of appendices. The legislature intends that the state of Idaho enact and carry out a solid waste program that will enable the state to achieve approved state status with respect to solid waste disposal facility regulation from the fe…

39-7405. Authority regarding solid waste. The local government entity with legal responsibility for disposal of solid waste pursuant to the provisions of chapter 44, title 31, Idaho Code, shall have full authority to manage and control the ownership, disposition and ultimate disp…

39-7406. Respective roles of county, director and health district — Liberal construction. (1) The county, director and health district each perform key roles in statewide solid waste management. Principal jurisdiction for the various functions of solid waste regulation and manage…

39-7407. Location restrictions — Site certification. (1) The following location restrictions shall apply to all new MSWLF units, existing MSWLF units, and lateral expansions. Existing sites that cannot demonstrate compliance with the following standards for airports, floodplains,…

39-7408. Site certification procedure. (1) It shall be the responsibility of each applicant to obtain site certification from the director. The site certification process is hereby established to ascertain compliance with the requirements of section 39-7407, Idaho Code. (2) The s…

39-7408A. Site certification procedure for commercial solid waste facilities. In addition to obtaining site certification as provided in section 39-7408, Idaho Code, no owner or operator of a commercial solid waste facility shall construct, expand or enlarge such a facility witho…

39-7408B. Site review panels — Members, chairman, quorum, meetings, staff. (1) A site review panel shall be established to insure public input in the licensing process, to recommend to the director conditions which should be included in a siting license and to recommend to the di…

39-7408C. Siting license application — Fee — Rules. (1) An application for a siting license shall include: (a) The name and residence of the applicant; (b) The location of the proposed commercial solid waste facility; (c) Engineering, hydrogeologic and air quality information to …

39-7408D. Duties of the director relative to siting applications. (1) Upon receipt of a complete siting license application, the director or an authorized representative of the director shall: (a) Notify the permanent panel members, the city and/or county in which the commercial …

39-7409. Standards for design. (1) Applicability. These standards apply to new MSWLF units and lateral expansions of existing facilities as provided in 40 CFR 258.40. (2) Liner designs. All owners or operators of MSWLF units shall use one (1) of the following designs: (a) Composi…

39-7410. Ground water monitoring design. (1) Applicability. These requirements apply to MSWLF units except: (a) When the MSWLF unit meets the conditions for exemption in 40 CFR 258.1(f); provided however, that the director may, at his discretion, require monitoring of a MSWLF uni…

39-7411. Design review procedure. (1) Design of a MSWLF unit shall not be reviewed until site certification has been obtained. After obtaining site certification, an applicant shall produce design plans and specifications which comply with the design standards set forth in sectio…

39-7412. Standards for operation. Owners or operators of all MSWLF units shall: (1) Implement a program for detecting and preventing disposal of regulated hazardous wastes as provided in 40 CFR 258.20; (2) Provide for daily cover as provided in 40 CFR 258.21. Alternative material…

39-7413. Operations plan review. (1) Prior to operation of a MSWLF unit, an operations plan shall be submitted to the health district with jurisdiction. It shall be the responsibility of each applicant of a MSWLF unit to certify to the health district that the provisions of secti…

39-7414. Assessment monitoring and corrective action. (1) Applicability. These standards apply whenever a statistically significant increase over background has been detected for one (1) or more constituents listed in 40 CFR 258, appendix I or an alternative list approved in acco…

39-7415. Standards for closure. (1) Applicability. These standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258. MSWLF units that accept waste after October 9, 1991, but cease to accept waste prior to October 9, 1993, …

39-7416. Standards for post closure care. (1) Applicability. Post closure maintenance standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258.1. (2) Post closure care shall be conducted as provided under 40 CFR 258.61.

39-7417. Financial assurance for closure, post closure care and corrective action. (1) Applicability. These requirements shall apply to new MSWLF units, existing MSWLF units and lateral expansions except as exempted in 40 CFR 258.1(d) and 258.70(a). (2) The requirements of this s…

39-7418. Modifications to sites approved under this chapter. (1) The following classes of modifications to approved sites shall require that an owner or operator amend the approved design or ground water monitoring program: (a) Lateral expansion outside the approved waste managem…

39-7419. Inspections. (1) All MSWLF units shall be subject to routine inspection by the county, director and health district in accordance with relevant provisions of the Idaho Code. (2) At intervals of not less than three (3) years, nor more than five (5) years, the owner, count…

39-7420. Violations and enforcement. (1) Failure to comply with the requirements established in this chapter, requirements of rules established pursuant to this chapter, and reasonable conditions of approval granted pursuant to this chapter shall be unlawful. Particularly with re…

39-7421. Research, development and demonstration permits. (1) The provisions of 42 U.S.C. 6945(c)(1)(B) and 40 CFR 258 allow the administrator of the United States environmental protection agency to approve state research, development and demonstration permit programs. (2) The di…