Title 39, HEALTH AND SAFETY

39-6504. Transport of waste tires. (1) No person shall transport waste tires for storage to any location in this state other than to a waste tire storage site for which a city or county has issued a permit or other written county or city authorization in active status. (2) No per…

39-6505. Prohibited acts. No person shall advertise or represent himself/herself as being in the business of accepting waste tires for transport, storage, or disposal without being in full compliance with all the provisions of this chapter.

39-6506. Recycling and reuse of waste tires. The state of Idaho seeks to protect human health and the environment by encouraging the recycling and reuse of waste tires. Accordingly, the legislature directs the department to identify approved methods of recycling and reuse of wast…

39-6507. Penalties. Any person who knowingly stores, transports or disposes of a tire in violation of the provisions of this chapter is subject to a civil penalty of not more than five hundred dollars ($500) per violation and is subject to the provisions of the environmental prot…

39-6508. Purpose. The state of Idaho supports and encourages the reuse and recycling of waste tires. The legislature finds the paramount public interest in regulating waste tires is to protect public health and safety. In particular, the legislature is concerned with eliminating …

39-6701. Legislative statement of findings and intent. (1) The legislature finds that the air quality in certain regions of the state is threatened with deterioration. This deterioration may endanger the breathability, economic potential, public health, natural beauty, recreation…

39-6702. AIR QUALITY REVIEW. (1) The department of environmental quality shall annually review and determine whether the three (3) year design value equal to or above eighty-five percent (85%) of a national ambient air quality standard, as defined by the United States environment…

39-6703. ESTABLISHMENT OF REGIONAL AIR QUALITY COUNCILS. (1) The legislature, upon receipt of the air quality review and recommendation from the department of environmental quality, may form regional air quality councils as needed to evaluate air pollution reduction actions. (2) …

39-6704. Establishment of a citizens committee. Each council established under the provisions of this chapter shall create a citizens committee comprised of citizens who express an interest in the council’s purpose and work. Citizens performing volunteer services in support of th…

39-6705. Definitions. Whenever used in this chapter: (1) "Air pollution" means air pollution as defined in section 39-103, Idaho Code. (2) "Air quality plan" means the comprehensive air quality management plan for a specified regional area as developed and modified by a regional …

39-6706. Declaration of policies and purposes. Any regional air quality council established pursuant to this chapter shall develop and implement an air quality plan in accordance with the environmental protection and health act, sections 39-101 through 39-130, Idaho Code, that in…

39-6708. Membership of a regional air quality council. (1) A council shall consist of fourteen (14) members appointed by the governor. The governor shall appoint two (2) members from each of the following categories: two (2) members who are county commissioners within the specifi…

39-6710. Quorum — Procedures. (1) A majority of the members of a regional council shall constitute a quorum for the transaction of business. A majority vote of the members present shall be required to take action with respect to any matter. (2) A regional council may adopt its ow…

39-6714. Air quality plan of a regional air quality council. (1) A regional air quality council shall develop and accept the study within one (1) year after establishment of the council. It shall make the study available to all appropriate and interested local, state and federal …

39-6715. Implementation of a regional air quality plan. To the greatest extent practicable, all Idaho state and local government agencies shall incorporate and implement the plan and its recommendations. In circumstances where any state or local government agency chooses not to i…

39-6716. Regional fund. There is hereby created in the state treasury a dedicated fund known as the "Regional Air Quality Trust Fund" which shall be referred to as the regional fund. Moneys in the regional fund may come from grants, gifts, donations, use fees or such other source…

39-6717. Savings clause. Nothing in this chapter shall alter or affect the provisions of section 39-114, Idaho Code, on the open burning of crop residue.

39-6801. SHORT TITLE. This chapter shall be known and may be cited as the "Institutional Controls Program for the Bunker Hill Mining and Metallurgical Complex Superfund Facility Act."

39-6802. ESTABLISHMENT OF INSTITUTIONAL CONTROLS PROGRAM. In accordance with the comprehensive environmental response, compensation, and liability act of 1980 (CERCLA), 42 U.S.C. 9605, as amended by the superfund amendments and reauthorization act of 1986 (SARA), P.L. 99-499, and…

39-6803. DEFINITIONS. As used in this chapter, unless a different meaning clearly appears from the context: (1) "Access restrictions" means physical barriers such as fences, barricades, curbs, barrier rocks, trenches, and temporary barriers that restrict access by vehicles, pedes…

39-6804. SCOPE AND APPLICABILITY. (1) The purpose of this chapter is to ensure that ICP activities associated with excavation and grading, such as infrastructure development and maintenance; building construction and renovation; and land development, redevelopment, or modificatio…

39-6805. STANDARDS FOR CONTAMINANT MANAGEMENT. (1) Except as otherwise provided in this chapter, contaminant management is required on all properties within the institutional controls administrative areas of OU-1, OU-2, and OU-3, including properties that have been remediated; pr…

39-6806. INSTITUTIONAL CONTROLS PROGRAM PERMIT APPLICATION AND administration. (1) An ICP permit is required for large projects and building renovations. (2) An ICP permit is required for a project that changes the use of a property containing contaminants. A new barrier or addit…

39-6807. INCONSISTENT LAWS — THIS CHAPTER CONTROLS. If any provision of this chapter is inconsistent with the provisions of any other law, general, specific, or local, the provisions of this chapter control.

39-7001. Definition of lead acid battery. For the purpose of this chapter, "lead acid battery" means a battery with a core of elemental lead and a capacity of six (6) or more volts which is suitable for use in farm equipment, construction equipment, a motor vehicle or a boat. Bat…

39-7002. Disposal of lead acid batteries. (1) The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal unless the own…

39-7003. Sale of lead acid batteries — Fee — Notice. (1) A lead acid battery seller shall accept from customers at the point of transfer used lead acid batteries of the type and quantity sold at that point of transfer and may accept additional batteries. A lead acid battery selle…

39-7004. Penalties. (1) A person who improperly disposes of a battery in violation of the provisions of this chapter is subject to a civil penalty of not more than five hundred dollars ($500) per violation and is subject to the penalty provisions of the environmental protection a…

39-7101. Short title. This chapter may be known and cited as the "Idaho Hazardous Substance Response Act."

39-7102. Legislative findings and purposes. (1) The legislature of the state of Idaho finds: (a) That the state has a duty to protect the health, safety and welfare of the people of Idaho; (b) That the protection and preservation of Idaho’s environment promotes the health, safety…

39-7103. Definitions. As used in this chapter: (1) "Emergency" means a release or threat of release that, in the reasonable judgment of the local emergency response authority in consultation with the office, threatens immediate harm to the environment or the health and safety of …

39-7104. Military division — Powers and duties. (1) The military division through the Idaho office of emergency management shall implement the provisions of this chapter and direct the activities of its staff and, in so doing, the military division may: (a) Through the office, in…

39-7105. Local emergency response authorities — Designation. (1) It is the purpose of the provisions of this section to provide for the designation of local emergency response authorities for hazardous substance incidents. (2) Cities and counties shall designate the local emergen…

39-7106. Local emergency response authorities — Powers and duties. (1) Every local emergency response authority designated in or pursuant to this chapter will respond to a hazardous substance incident occurring within its jurisdiction in a fashion consistent with the Idaho hazard…

39-7107. State disaster preparedness act controls disaster emergencies, except for the liability of responsible persons. In the event a disaster emergency or local disaster emergency is declared by proper authority as defined and set forth in chapter 10, title 46, Idaho Code, as …

39-7108. Notification of release is required. (1) Any person who has responsibility for reporting a release under the federal comprehensive environmental response, compensation and liability act (CERCLA), 42 U.S.C. 9603, shall, as soon as practicable after he has knowledge of any…

39-7109. Right to claim reimbursement. (1) State emergency response teams and local emergency response authorities may submit claims to the military division for reimbursement of the following documented costs incurred as a result of their response to a hazardous substance incide…

39-7110. Deficiency warrants for reimbursement of response costs. (1) The military division shall review all claims for reimbursement and make recommendations as to payment or nonpayment of the claims to the board of examiners within one hundred twenty (120) days after terminatio…

39-7111. Liability for release of a hazardous substance. (1) Any person who owns, controls, transports, or causes the release or threat of release of a substance which is involved in a hazardous substance incident shall be strictly liable for the costs arising out of a hazardous …

39-7112. Cost recovery and civil remedies. (1) The military division shall be responsible for recovering those costs incurred by the state arising out of a hazardous substance incident identified in section 39-7109, Idaho Code, and other costs including processing the documented …

39-7113. Persons rendering assistance relating to hazardous substance incidents — Good samaritan limited immunity. (1) Consistent with the provisions of subsections (2) and (3) of this section: (a) The state shall be liable for the acts or omissions of the state emergency respons…

39-7114. Private emergency response plan approval. Private emergency response plans may be prepared for any facility or specific set of conditions. A private emergency response plan must be approved by the local emergency response authority or the military division unless the pla…

39-7114A. civil air patrol. (1) There is hereby established within the military division the Idaho directorate of civil air patrol. The mission of the directorate shall be to provide support for and facilitate the operation of the Idaho wing of civil air patrol, which shall be un…

39-7115. 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…

39-7201. Short title. This chapter may be known and cited as the "Idaho Land Remediation Act."

39-7202. Legislative findings. The legislature hereby finds and declares: (1) That it is the policy of the state of Idaho to provide for the protection of the public health, welfare, safety, and environment; and to foster the remediation, transfer, reuse, or redevelopment of site…