Title 39, HEALTH AND SAFETY

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 or the hazardous waste management act of 1983, as amended, chapter 44, title 39, Idaho Code.

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. (1) 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 th…

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 and director — Liberal construction. (1) The county and director each perform key roles in statewide solid waste management. Principal jurisdiction for the various functions of solid waste regulation and management as it pertains to site select…

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…

39-7409. co-located waste facilities. (1) An applicant may submit a combined application for a CWF pursuant to the provisions of this chapter. (2) A single notice of approval for a CWF shall be issued by the director pursuant to the provisions of this chapter. (3) The review and …

39-7410. Standards for design. (1) These standards apply to new MSWLF units and lateral expansions of existing facilities as provided in 40 CFR 258.40. (2) An application shall indicate the liner design that will be used in each phase of construction. All MSWLF units shall use on…

39-7411. Ground water monitoring design. (1) This section applies to MSWLF units except: (a) When the MSWLF unit meets the conditions for exemption provided for in 40 CFR 258.1(f); provided that the director may, at his discretion, require monitoring of a MSWLF unit which meets t…

39-7412. 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 this c…

39-7413. Standards for operation. Owners or operators of all MSWLF units shall: (1) Obtain site certification, design approval, and operating plan approval prior to accepting waste; (2) Implement a program for detecting and preventing disposal of regulated hazardous wastes as pro…

39-7414. Operations plan review. (1) Prior to operation of a MSWLF unit, an operations plan shall be submitted to the department. It shall be the responsibility of each applicant of a MSWLF unit to certify to the department that the operations plan complies with this chapter and …

39-7415. Assessment monitoring and corrective action. (1) 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 accordance with 40 …

39-7416. Standards for closure. (1) 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, shall, at a min…

39-7417. Standards for post-closure care. (1) 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 in 40 CFR 258.61. (3) The review and…

39-7418. Financial assurance for closure, post-closure care, and corrective action. (1) 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 section are e…

39-7419. Modifications to sites approved under this chapter. (1) The following modifications to approved sites shall be considered major modifications: (a) Lateral expansion; (b) Unpredictable change affecting any environmental monitoring program; (c) Change of liner design, if n…

39-7420. review, approval, and reconciliation processes — general provisions. (1) A prospective applicant may request to meet with the department to discuss applicable standards, schedules, processes, potential concerns, and other information relevant to submitting an application…

39-7421. public review and approval process. (1) The process set forth in this section applies to the following applications: (a) Site certifications; (b) Preliminary designs; (c) New operations plans; (d) Major modifications; and (e) Research, development, and demonstration perm…

39-7422. Administrative review and approval process. (1) The process set forth in this section applies to the following applications: (a) Final design reports; (b) Ground water monitoring plans; (c) Operations plan recertifications or amendments; (d) Closure plans; (e) Post-closu…

39-7423. Reconciliation Process — administrative and judicial review. (1) Upon notice of application rejection, an automatic twenty-one (21) day stay of proceedings shall commence, unless such stay is waived by the applicant in writing. (2) If, at any point during the stay, the d…

39-7424. solid waste disposal fees. (1) In order to facilitate the department assuming the responsibility for the activities formerly the responsibility of the various public health districts, it is necessary to impose a system of fees upon each municipal solid waste disposal fac…

39-7425. Collection of fees and reporting. (1) The annual inspection fee shall be due and payable on or before October 31 of each year. The department may adopt rules for pro-rating the annual inspection fee for new or closed facilities. (2) The tonnage fees shall be due and paya…

39-7426. Solid waste regulatory fund. (1) There is hereby created and established in the state treasury the solid waste regulatory fund. (2) The fund shall consist of revenues from the fees imposed by this chapter, together with any penalties, interest, or deficiency moneys colle…

39-7427. Inspections. (1) All MSWLF units shall be subject to routine inspection by the owner and director in accordance with relevant provisions of the Idaho Code. (2)(a) Facilities subject to the imposition of the fees provided for in this chapter shall keep complete and accura…

39-7428. Additions and Penalties. The additions, penalties, and requirements provided by the Idaho income tax act, sections 63-3046, 63-3075, 63-3076, and 63-3077, Idaho Code, shall apply in the same manner and to the same extent to this chapter as to the Idaho income tax act and…

39-7429. 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…

39-7430. 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 …

39-7501. Interstate compact on adoption and medical assistance. The interstate compact on adoption and medical assistance is hereby enacted into law and entered into by the state of Idaho as a party, and is in full force and effect between the state and other states joining the a…

39-7502. Compact administrator. Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall develop guidelines and procedures to ca…

39-7503. Supplementary agreements and financial arrangements. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement sha…

39-7504. Financial responsibility of parents of estate. The compact administrator shall take appropriate action pursuant to existing law to effect the recovery from relevant parents of estate, at the option of said administrator, of any and all costs expended by the state, or any…

39-7505. Responsibilities of enforcement. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdict…

39-7601. Authorization of loans. The director is hereby authorized to make loans at or below market interest rates, as funds are available, to any eligible public water system to assist the public water system or which will facilitate their compliance with national primary drinki…

39-7602. Disbursements by the director of loans to public water systems — Limitations on loans — Rules — Approval of the attorney general — Audit of disbursements. (1) There is hereby created the drinking water loan fund. The department of environmental quality shall use moneys f…

39-7603. Investment of funds in drinking water loan account. Surplus moneys in the drinking water loan account established by section 39-7602, Idaho Code, shall be invested by the state treasurer in the manner for idle state moneys in the state treasury as provided for in section…

39-7604. Appropriations for the drinking water loan account — Purpose of chapter. Moneys in the drinking water loan account are hereby perpetually appropriated to provide loans and other forms of financial assistance authorized under title XVI of the public health service act kno…