Title 39 — HEALTH AND SAFETY

39-8801. Short title. This act may be known and cited as the "Idaho Underground Storage Tank Act."

39-8802. Legislative findings and intent. (1) The legislature of the state of Idaho finds: (a) That the protection of the environment from leaking underground storage tanks is a matter of statewide concern; (b) That subchapter IX of the solid waste disposal act (42 U.S.C. 6991, e…

39-8803. Definitions. As used in this chapter: (1) "Board" means the Idaho board of environmental quality. (2) "Board of trustees" means the board of trustees established in section 41-4904, Idaho Code. (3) "Department" means the Idaho department of environmental quality. (4) "Di…

39-8804. Program scope. The requirements of this chapter and rules promulgated pursuant to this chapter, shall apply to underground storage tank systems in the state of Idaho, owners and operators of underground storage tank systems in the state of Idaho, persons who install or i…

39-8805. Rules governing underground storage tank systems. (1) Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the department shall promulgate through negotiated rulemaking, and the board shall adopt, rules as ar…

39-8805A. COMPLIANCE DATE FOR CERTAIN RULES. (1) Compliance with the additional testing and inspection requirements set forth in 40 CFR 280.10 concerning emergency power generators, 40 CFR 280.35 concerning spill prevention equipment and containment sumps used for interstitial mo…

39-8806. Additional measures to protect ground water. New and replacement underground storage tank systems and connected piping installed after the effective date of this chapter and located within one thousand (1,000) feet of any existing community water system or any existing p…

39-8807. Operator training. (1) The department shall adopt an operator training program to be conducted by either the department or a state of Idaho approved third party to help underground storage tank system owners and operators and their employees understand and comply with th…

39-8808. Inspections. (1) Underground storage tank systems regulated under this chapter which have not been inspected by the department or the United States environmental protection agency since December 22, 1998, shall be inspected by the department in compliance with this chapt…

39-8809. Delivery prohibition. (1) Effective August 8, 2007, it shall be unlawful for any person to deliver to, deposit into, or accept a regulated substance into an underground storage tank regulated under this chapter at a facility which has been identified by the department to…

39-8810. Underground storage tank database. The department shall develop and use a database, which shall be available to the public on the internet, detailing the status of all underground storage tanks in the state of Idaho which are subject to regulation, including whether they…

39-8811. Enforcement. Failure to comply with this chapter or rules promulgated pursuant to this chapter shall be subject to enforcement pursuant to the enforcement provisions of the Idaho environmental protection and health act contained in section 39-108, Idaho Code, provided ho…

39-8812. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter 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 …

39-8813. idaho underground storage tank program fund. (1) All moneys received from fees collected from all regulated underground storage tanks shall be forwarded to the department and shall be paid into the Idaho underground storage tank program fund, which is hereby created in t…