Title 39 — HEALTH AND SAFETY

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…

39-7203. General definitions. As used in this chapter: (1) "Board" means the board of environmental quality. (2) "Department" means the department of environmental quality. (3) "Eligible property owner" means any individual, association, partnership, firm, joint stock company, tr…

39-7204. Participation. (1) To participate in the remediation program a person must submit an application to the department as described under subsection (2) of this section. (2) An application submitted under this section must meet the following conditions: (a) Contain the follo…

39-7205. Work plans. (1) If the department determines an application is eligible under this chapter, the person may submit a proposed voluntary remediation work plan to the department. Before the department evaluates a proposed voluntary remediation work plan, the person who subm…

39-7206. Evaluation and review responsibilities. (1) Pursuant to the signed voluntary remediation agreement, the department or a person under contract with the department shall do the following: (a) Review and evaluate the site and the affected area surrounding the site; (b) Revi…

39-7207. Covenant not to sue. (1) If the department determines that a person has successfully completed a voluntary remediation work plan approved under this chapter, the department shall certify that the work plan has been successfully implemented or satisfied by issuing the per…

39-7208. Recision. (1) This chapter does not prohibit or limit the department’s recision of the voluntary remediation agreement or the covenant not to sue at any time if: (a) The person implementing the work plan fails substantially to comply with the terms and conditions of: (i)…

39-7209. Lender liability. Pursuant to rules adopted by the board, a person who maintains indicia of ownership primarily to protect a security interest in a site, and who does not participate in the management of the site, shall not be considered an owner or operator of that site…

39-7210. Rules. Within one (1) year after the effective date of this section, the board shall, through negotiated rulemaking, adopt rules to carry out the purposes of this provision consistent with federal and state law which shall provide for the following: (1) The establishment…

39-7211. Idaho community reinvestment pilot initiative. [EFFECTIVE UNTIL CERTIFICATION TO SECRETARY OF STATE BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY THAT CERTAIN EVENTS HAVE OCCURRED] (1) There is hereby established in the state treasury a fund to be known as the Idaho communi…

39-7301. world health organization mandates. (1) The state of Idaho and its political subdivisions, including but not limited to counties, cities, towns, precincts, water districts, school districts, school administrative units, or quasi-public entities, shall not be compelled to…

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…