SOLID WASTE FACILITIES – Amends, repeals, and adds to existing law to revise provisions regarding the Idaho Solid Waste Facilities Act.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
555
BY
LOCAL
GOVERNMENT
COMMITTEE
AN
ACT
1
RELATING
TO
SOLID
WASTE
FACILITIES;
AMENDING
SECTION
39
-
105,
IDAHO
CODE,
TO
2
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DUTIES
OF
THE
DIRECTOR
OF
THE
3
IDAHO
DEPARTMENT
OF
ENVIRONMENTAL
QUALITY;
AMENDING
SECTION
39
-
414,
4
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DUTIES
OF
5
THE
DISTRICT
BOARD
OF
HEALTH;
AMENDING
SECTION
39
-
7401,
IDAHO
CODE,
TO
6
REVISE
LEGISLATIVE
FINDINGS
AND
PURPOSES
OF
THE
SOLID
WASTE
FACILITIES
7
ACT;
AMENDING
SECTION
39
-
7402,
IDAHO
CODE,
TO
REVISE
PROVISIONS
RE
-
8
GARDING
THE
APPLICABILITY
OF
THE
ACT;
AMENDING
SECTION
39
-
7403,
IDAHO
9
CODE,
TO
REVISE
DEFINITIONS;
AMENDING
SECTION
39
-
7404,
IDAHO
CODE,
TO
10
REVISE
PROVISIONS
REGARDING
CONSISTENCY
WITH
FEDERAL
LAW;
AMENDING
1
1
SECTION
39
-
7406,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
RESPEC
-
12
TIVE
ROLES
OF
COUNTY,
DIRECTOR,
AND
HEALTH
DISTRICT;
AMENDING
SECTION
13
39
-
7408,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
SITE
CERTIFI
-
14
CATION
PROCESS;
REPEALING
SECTION
39
-
7408A,
IDAHO
CODE,
RELATING
TO
15
SITE
CERTIFICATION
PROCEDURES
FOR
COMMERCIAL
SOLID
WASTE
FACILITIES;
16
REPEALING
SECTION
39
-
7408B,
IDAHO
CODE,
RELATING
TO
SITE
REVIEW
PAN
-
17
ELS;
REPEALING
SECTION
39
-
7408C,
IDAHO
CODE,
RELATING
TO
SITING
LICENSE
18
APPLICATIONS;
REPEALING
SECTION
39
-
7408D,
IDAHO
CODE,
RELATING
TO
THE
19
DUTIES
OF
THE
DIRECTOR
RELATIVE
TO
SITING
APPLICATIONS;
AMENDING
CHAP
-
20
TER
74,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
7409,
21
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
FOR
CO
-
LOCATED
WASTE
FACILITIES;
22
AMENDING
SECTION
39
-
7409,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
23
THE
STANDARDS
FOR
DESIGN
AND
TO
REDESIGNATE
THE
SECTION;
AMENDING
SEC
-
24
TION
39
-
7410,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
GROUND
WATER
25
MONITORING
DESIGN
AND
TO
REDESIGNATE
THE
SECTION;
AMENDING
SECTION
26
39
-
7411,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
DESIGN
REVIEW
PRO
-
27
CEDURES
AND
TO
REDESIGNATE
THE
SECTION;
AMENDING
SECTION
39
-
7412,
IDAHO
28
CODE,
TO
REVISE
PROVISIONS
REGARDING
STANDARDS
FOR
OPERATION
AND
TO
RE
-
29
DESIGNATE
THE
SECTION;
AMENDING
SECTION
39
-
7413,
IDAHO
CODE,
TO
REVISE
30
PROVISIONS
REGARDING
OPERATIONS
PLAN
REVIEWS
AND
TO
REDESIGNATE
THE
31
SECTION;
AMENDING
SECTION
39
-
7414,
IDAHO
CODE,
TO
REVISE
PROVISIONS
RE
-
32
GARDING
ASSESSMENT
MONITORING
AND
CORRECTIVE
ACTION
AND
TO
REDESIGNATE
33
THE
SECTION;
AMENDING
SECTION
39
-
7415,
IDAHO
CODE,
TO
REVISE
PROVISIONS
34
REGARDING
STANDARDS
FOR
CLOSURE
AND
TO
REDESIGNATE
THE
SECTION;
AMEND
-
35
ING
SECTION
39
-
7416,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
STAN
-
36
DARDS
FOR
POST
-
CLOSURE
CARE
AND
TO
REDESIGNATE
THE
SECTION;
AMENDING
37
SECTION
39
-
7417,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
FINANCIAL
38
ASSURANCE
FOR
CLOSURE,
POST
-
CLOSURE
CARE,
AND
CORRECTIVE
ACTION
AND
39
TO
REDESIGNATE
THE
SECTION;
AMENDING
SECTION
39
-
7418,
IDAHO
CODE,
TO
40
REVISE
PROVISIONS
REGARDING
MODIFICATIONS
TO
SITES
APPROVED
UNDER
THE
41
CHAPTER
AND
TO
REDESIGNATE
THE
SECTION;
AMENDING
CHAPTER
74,
TITLE
39,
42
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
7420,
IDAHO
CODE,
TO
ES
-
43
TABLISH
GENERAL
PROVISIONS
FOR
THE
APPLICATION
PROCESS;
AMENDING
CHAP
-
44
TER
74,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
7421,
45

2
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
FOR
PUBLIC
REVIEW
AND
APPROVAL
OF
1
APPLICATIONS;
AMENDING
CHAPTER
74,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDI
-
2
TION
OF
A
NEW
SECTION
39
-
7422,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
FOR
3
ADMINISTRATIVE
REVIEW
AND
APPROVAL
OF
APPLICATIONS;
AMENDING
CHAPTER
4
74,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
7423,
IDAHO
5
CODE,
TO
ESTABLISH
PROVISIONS
FOR
RECONCILIATION
PROCEDURES
AND
AD
-
6
MINISTRATIVE
AND
JUDICIAL
REVIEW;
AMENDING
CHAPTER
74,
TITLE
39,
IDAHO
7
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
7424,
IDAHO
CODE,
TO
IMPOSE
8
FEES;
AMENDING
CHAPTER
74,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
9
SECTION
39
-
7425,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
FOR
THE
COLLEC
-
10
TION
OF
FEES
AND
REPORTING;
AMENDING
CHAPTER
74,
TITLE
39,
IDAHO
CODE,
1
1
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
7426,
IDAHO
CODE,
TO
ESTABLISH
THE
12
SOLID
WASTE
REGULATORY
FUND;
AMENDING
SECTION
39
-
7419,
IDAHO
CODE,
TO
13
REVISE
PROVISIONS
REGARDING
INSPECTIONS
AND
TO
REDESIGNATE
THE
SEC
-
14
TION;
AMENDING
CHAPTER
74,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
15
SECTION
39
-
7428,
IDAHO
CODE,
TO
PROVIDE
FOR
ADDITIONS
AND
PENALTIES;
16
AMENDING
SECTION
39
-
7420,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
17
VIOLATIONS
AND
ENFORCEMENT
AND
TO
REDESIGNATE
THE
SECTION;
AMENDING
18
SECTION
39
-
7421,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
RESEARCH,
19
DEVELOPMENT,
AND
DEMONSTRATION
PERMITS
AND
TO
REDESIGNATE
THE
SECTION;
20
AMENDING
SECTION
39
-
107D,
IDAHO
CODE,
TO
CORRECT
A
CODE
REFERENCE;
21
AMENDING
SECTION
39
-
7204,
IDAHO
CODE,
TO
CORRECT
A
CODE
REFERENCE;
AND
22
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
23
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
24
SECTION
1.
That
Section
39
-
105,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
39
-
105.
POWERS
AND
DUTIES
OF
THE
DIRECTOR.
The
director
shall
have
the
27
following
powers
and
duties:
(1)
All
(1)
The
director
shall
have
all
of
the
28
rights,
powers
,
and
duties
regarding
environmental
protection
functions,
29
including
but
not
limited
to
those
provided
by
chapters
1,
4,
30,
36,
44,
58,
30
65,
66,
70,
71,
72
,
and
74,
title
39,
Idaho
Code.
The
director
shall
have
all
31
such
powers
and
duties
as
described
in
this
section
as
may
have
been
or
could
32
have
been
exercised
by
his
predecessors
in
law
and
shall
be
the
successor
in
33
law
to
all
contractual
obligations
entered
into
by
predecessors
in
law.
All
34
hearings
of
the
director
shall
be
governed
by
the
provisions
of
chapter
52,
35
title
67,
Idaho
Code.
36
(2)
The
director
shall,
pursuant
and
subject
to
the
provisions
of
the
37
Idaho
Code
and
the
provisions
of
this
act
,
formulate
and
recommend
to
the
38
board
rules
,
as
may
be
necessary
,
to
deal
with
problems
related
to
water
39
pollution,
air
pollution,
solid
waste
disposal,
and
licensure
and
certi
-
40
fication
requirements
pertinent
thereto,
which
shall,
upon
adoption
by
the
41
board,
have
the
force
of
law
relating
to
any
purpose
that
may
be
necessary
42
and
feasible
for
enforcing
the
provisions
of
this
act,
including
but
not
43
limited
to
the
prevention,
control
,
or
abatement
of
environmental
pollution
44
or
degradation
including
radionuclides
and
risks
to
public
health
related
45
to
any
of
the
powers
and
duties
described
in
this
section.
Any
such
rule
46
may
be
of
general
application
throughout
the
state
or
may
be
limited
as
to
47

3
times,
places,
circumstances
,
or
conditions
in
order
to
make
due
allowance
1
for
variations
therein.
2
(3)
The
director,
under
the
rules
adopted
by
the
board,
shall
have
the
3
general
supervision
of
the
promotion
and
protection
of
the
environment
of
4
this
state.
The
powers
and
duties
of
the
director
shall
include
but
not
be
5
limited
to
the
following:
6
(a)
The
issuance
of
licenses
and
permits
as
prescribed
by
law
and
by
the
7
rules
of
the
board
promulgated
hereunder.
For
each
air
quality
oper
-
8
ating
permit
issued
under
title
V
of
the
federal
clean
air
act
and
its
9
implementing
regulations,
the
director
shall,
consistent
with
the
fed
-
10
eral
clean
air
act
and
its
implementing
regulations,
expressly
include
1
1
a
provision
stating
that
compliance
with
the
conditions
of
the
permit
12
shall
be
deemed
compliance
with
the
applicable
requirements
of
the
fed
-
13
eral
clean
air
act
and
the
title
V
implementing
regulations.
The
di
-
14
rector
may
develop
and
issue
general
permits
covering
numerous
similar
15
sources,
as
authorized
by
40
CFR
70.6(d),
as
amended,
and
as
appropri
-
16
ate.
17
(b)
The
enforcement
of
rules
relating
to
public
water
supplies
and
ad
-
18
ministration
of
the
drinking
water
loan
fund
pursuant
to
chapter
76,
ti
-
19
tle
39,
Idaho
Code,
including
making
loans
to
eligible
public
drink
-
20
ing
water
systems
,
as
defined
in
the
federal
safe
drinking
water
act,
21
as
amended,
and
to
comply
with
all
requirements
of
the
act,
42
U.S.C.
22
300f
et
seq.,
and
regulations
promulgated
pursuant
to
the
act.
This
in
-
23
cludes
but
is
not
limited
to
:
the
development
of
and
implementation
of
24
a
capacity
development
strategy
to
ensure
public
drinking
water
systems
25
have
the
technical,
managerial
,
and
financial
capability
to
comply
with
26
the
national
primary
drinking
water
regulations
;
and
the
enhancement
of
27
protection
of
source
waters
for
public
drinking
water
systems.
28
(c)
The
establishment
of
liaison
with
other
governmental
departments,
29
agencies
,
and
boards
in
order
to
effectively
assist
other
governmental
30
entities
with
planning
for
the
control
of
or
abatement
of
environmental
31
pollution.
All
of
the
rules
adopted
by
the
board
hereunder
shall
apply
32
to
state
institutions.
33
(d)
The
supervision
and
administration
of
a
system
to
safeguard
air
34
quality
and
to
limit
and
control
the
emission
of
air
contaminants.
35
(e)
The
supervision
and
administration
of
a
system
to
safeguard
the
36
quality
of
the
waters
of
this
state,
including
but
not
limited
to
the
en
-
37
forcement
of
rules
relating
to
the
discharge
of
effluent
into
the
waters
38
of
this
state
and
the
storage,
handling
,
and
transportation
of
solids,
39
liquids,
and
gases
that
may
cause
or
contribute
to
water
pollution.
For
40
purposes
of
complying
with
the
clean
water
act,
the
director
may
provide
41
an
exemption
from
additional
reductions
for
those
nonpoint
sources
that
42
meet
the
applicable
reductions
set
forth
in
an
approved
TMDL
,
as
defined
43
in
chapter
36,
title
39,
Idaho
Code.
44
(f)
The
supervision
and
administration
of
administrative
units
whose
45
responsibility
shall
be
to
assist
and
encourage
counties,
cities,
other
46
governmental
units,
and
industries
in
the
control
and
abatement
of
en
-
47
vironmental
pollution.
48
(g)
The
supervision
and
administration
of
a
solid
waste
disposal
site
49
and
design
review
program
and
issuance
of
approvals,
licenses,
and
per
-
50

4
mits
in
accordance
with
the
provisions
of
chapters
4
and
the
Idaho
solid
1
waste
facilities
act,
chapter
74,
title
39,
Idaho
Code,
and
,
in
particu
-
2
lar
,
as
follows:
3
(i)
The
issuance
of
a
solid
waste
disposal
site
certificate
in
the
4
manner
provided
in
chapter
74,
title
39,
Idaho
Code.
Issuing
solid
5
waste
disposal
site
certificates;
6
(ii)
Providing
review
and
approval
regarding
of
the
design
of
7
solid
waste
disposal
facilities
and
ground
water
monitoring
sys
-
8
tems
and
approval
of
all
applications
for
flexible
standards
as
9
provided
for
in
40
CFR
258
,
in
accordance
with
the
provisions
of
10
chapter
74,
title
39,
Idaho
Code.
;
1
1
(iii)
Cooperating
and
coordinating
with
operational
monitoring
12
of
solid
waste
disposal
sites
by
district
health
departments
pur
-
13
suant
to
authority
established
in
chapters
4
and
74,
title
39,
14
Idaho
Code.
Providing
review
and
approval
of
solid
waste
facility
15
operation,
closure,
post
-
closure,
and
financial
assurance
plans;
16
(iv)
Enforcing
solid
waste
management
operations
and
the
provi
-
17
sions
of
chapter
74,
title
39,
Idaho
Code,
rules
promulgated
pur
-
18
suant
thereto,
and
applicable
federal
law
and
regulations;
19
(v)
Developing
and
administering
the
research,
development,
and
20
demonstration
program,
which
is
to
be
implemented
as
a
part
of
the
21
existing
approved
solid
waste
program,
upon
approval
of
the
United
22
States
environmental
protection
agency;
and
23
(iv)
(vi)
Developing
and
proposing
Promulgating
rules
,
as
neces
-
24
sary
,
subject
to
legislative
approval,
to
supplement
details
of
25
compliance
with
the
Idaho
solid
waste
facilities
act
and
appli
-
26
cable
federal
regulations,
provided
that
such
regulations
rules
27
shall
not
conflict
with
the
provisions
of
this
act
or
be
more
28
strict
than
the
requirements
established
in
federal
law
or
in
the
29
solid
waste
facilities
act
or
be
more
stringent
than
applicable
30
state
law,
including
the
provisions
of
chapter
74,
title
39,
Idaho
31
Code,
and
applicable
federal
law
and
regulations
.
32
(h)
The
establishment,
administration
,
and
operation
of:
33
(i)
A
network
of
environmental
monitoring
stations,
independent
34
of
the
United
States
department
of
energy,
within
and
around
the
35
facilities
of
the
Idaho
national
laboratory
to
provide
authorita
-
36
tive
auditing
and
analysis
of
emissions,
discharges
,
or
releases
37
of
pollutants
to
the
environment,
including
the
air,
water
,
and
38
soil
from
such
facilities;
and
39
(ii)
Programs
within
the
department
to
utilize
the
data
obtained
40
from
such
monitoring,
and
any
other
relevant
data,
in
the
enforce
-
41
ment
of
applicable
agreements,
statutes
,
and
rules
pertaining
to
42
such
facilities
and
programs
,
to
review,
analyze
,
and
participate
43
in
remedial
decisions
and
other
proposed
actions
and
projects
,
and
44
to
ensure
the
protection
of
public
health
and
the
environment
.
;
45
and
46
(iii)
The
director
shall
also
A
program
to
monitor
the
implemen
-
47
tation
of
agreements
between
the
United
States
and
the
state
of
48
Idaho
related
to
the
operation
and
environmental
protection
obli
-
49
gations
of
the
Idaho
national
laboratory
and
provide
periodic
in
-
50

5
formation
to
the
governor,
the
attorney
general,
the
legislature
,
1
and
the
people
of
Idaho
concerning
compliance
with
such
agreements
2
and
obligations.
The
director
shall
have
the
power
to
enter
into
3
agreements
with
the
United
States
department
of
energy
in
order
to
4
carry
out
the
duties
and
authorities
provided
in
this
subsection.
5
(i)
The
enforcement
of
all
laws,
rules,
regulations,
codes
,
and
stan
-
6
dards
relating
to
environmental
protection
and
health.
7
(j)
The
enhancement
and
protection
of
source
waters
of
the
state
pur
-
8
suant
to
rules
of
the
board.
9
(4)
The
director,
when
so
designated
by
the
governor,
shall
have
the
10
power
to
apply
for,
receive
on
behalf
of
the
state,
and
utilize
any
federal
1
1
aid,
grants,
gifts,
gratuities,
or
moneys
made
available
through
the
federal
12
government,
including
but
not
limited
to
the
federal
water
pollution
control
13
act,
for
use
in
or
by
the
state
of
Idaho
in
relation
to
health
and
environmen
-
14
tal
protection.
15
(5)(a)
The
director
shall
have
the
power
to
enter
into
and
make
con
-
16
tracts
and
agreements
with
any
public
agencies
agency
or
municipal
17
corporations
corporation
for
facilities,
land,
and
equipment
when
such
18
use
will
have
a
beneficial
or
recreational
effect
or
be
in
the
best
in
-
19
terest
in
carrying
out
the
duties
imposed
on
the
department.
20
(b)
The
director
shall
also
have
the
power
to
enter
into
contracts
for
21
the
expenditure
of
state
matching
funds
for
local
purposes.
This
sub
-
22
section
will
constitute
the
authority
for
public
agencies
or
municipal
23
corporations
to
enter
into
such
contracts
and
expend
money
for
the
pur
-
24
poses
delineated
in
such
contracts.
25
(c)
The
director
shall
also
have
the
power
to
enter
into
and
make
vol
-
26
untary
contracts
and
agreements
with
public
agencies,
municipal
corpo
-
27
rations,
and
private
parties
for
funding
or
reimbursement
of
staff
and
28
consultant
costs
necessary
for
the
director
to
discharge
his
duties
as
29
provided
by
state
statute
and
administrative
rule.
Such
contracts
and
30
agreements
shall
be
limited
to
a
five
(5)
year
term
,
however
they
but
can
31
be
renewed
upon
agreement
of
all
parties.
Moneys
received
through
these
32
contracts
and
agreements
shall
be
expended
pursuant
to
appropriation.
33
(6)
The
director
is
authorized
to
adopt
an
official
seal
to
be
used
on
34
appropriate
occasions,
in
connection
with
the
functions
of
the
department
or
35
the
board,
and
such
seal
shall
be
judicially
noticed.
Copies
of
any
books,
36
records,
papers
,
or
other
documents
in
the
department
shall
be
admitted
in
37
evidence
equally
with
the
originals
thereof
when
authenticated
under
such
38
seal.
39
SECTION
2.
That
Section
39
-
414,
Idaho
Code,
be,
and
the
same
is
hereby
40
amended
to
read
as
follows:
41
39
-
414.
POWERS
AND
DUTIES
OF
DISTRICT
BOARD.
The
district
board
of
42
health
shall
have
and
may
exercise
the
following
powers
and
duties:
43
(1)
To
administer
and
enforce
all
state
and
district
health
laws,
regu
-
44
lations,
and
standards.
45
(2)
To
undertake
only
those
actions
that
are
necessary
and
reasonable
46
for
preserving
and
protecting
public
health
and
preventive
health
as
sup
-
47
ported
by
scientific
evidence.
Additionally,
the
The
board
may
enter
into
48
agreements
with
the
director
of
the
state
department
of
health
and
welfare
or
49

6
the
director
of
the
department
of
environmental
quality
to
provide
services
1
or
do
such
other
things
as
specified
in
the
agreement,
subject
to
the
limi
-
2
tations
described
in
this
subsection.
An
agreement
entered
pursuant
to
this
3
subsection
may
be
between
either
such
director
and
one
(1)
district
or
mul
-
4
tiple
districts.
An
order
of
a
district
board
of
health
will
take
effect
im
-
5
mediately.
However,
notwithstanding
Notwithstanding
the
provisions
of
this
6
subsection,
if
an
order
applies
to
all
persons
in
a
county
or
a
public
health
7
district,
the
board
of
county
commissioners
within
each
affected
county,
af
-
8
ter
consulting
with
the
district
board
of
health,
will
shall
determine
,
by
9
resolution
,
whether
or
not
to
approve
the
order
within
county
limits
within
10
seven
(7)
days
of
the
date
of
the
order.
If
the
board
of
county
commissioners
1
1
approves
the
order,
then
the
order
will
take
effect
immediately
for
a
period
12
of
thirty
(30)
days.
Thereafter,
the
order
may
be
extended,
amended,
or
mod
-
13
ified
and
reimposed
for
thirty
(30)
day
periods,
subject
to
approval
by
the
14
board
of
county
commissioners.
15
(3)
To
determine
the
location
of
its
main
office
and
to
determine
the
16
location,
if
any,
of
branch
offices.
17
(4)
To
enter
into
contracts
with
any
other
governmental
or
public
18
agency
whereby
the
district
board
agrees
to
render
services
to
or
for
such
19
agency
in
exchange
for
a
charge
reasonably
calculated
to
cover
the
cost
of
20
rendering
such
service.
This
authority
is
to
be
limited
to
services
vol
-
21
untarily
rendered
and
voluntarily
received
and
shall
not
apply
to
services
22
required
by
statute,
rule,
and
regulation
or
by
standards
promulgated
pur
-
23
suant
to
this
chapter
or
chapter
1,
title
39,
Idaho
Code.
24
(5)
To
deposit
all
moneys
or
payment
received
or
collected
by
gift,
25
grant,
devise,
or
any
other
way
to
the
respective
division
or
subaccount
of
26
the
public
health
district
in
the
public
health
district
fund
authorized
by
27
section
39
-
422,
Idaho
Code.
28
(6)
To
establish
a
fiscal
control
policy.
29
(7)
To
cooperate
with
the
state
board
of
health
and
welfare,
the
depart
-
30
ment
of
health
and
welfare,
the
board
of
environmental
quality,
and
the
de
-
31
partment
of
environmental
quality.
32
(8)
To
enter
into
contracts
with
other
governmental
agencies,
and
this
33
chapter
hereby
authorizes
such
other
agencies
to
enter
into
contracts
with
34
the
health
district,
as
may
be
deemed
necessary
to
fulfill
the
duties
imposed
35
upon
the
district
in
providing
for
the
health
of
the
citizens
within
the
dis
-
36
trict.
37
(9)
To
purchase,
exchange,
or
sell
real
property
and
construct,
rent,
38
or
lease
such
buildings
as
may
be
required
for
the
accomplishment
of
the
39
duties
imposed
upon
the
district
and
to
further
obtain
such
other
personal
40
property
as
may
be
necessary
to
its
functions.
41
(10)
To
accept,
receive,
and
utilize
any
gifts,
grants,
or
funds
and
42
personal
and
real
property
that
may
be
donated
to
it
for
the
fulfillment
of
43
the
purposes
outlined
in
this
chapter.
44
(11)
To
establish
a
charge
whereby
the
board
agrees
to
render
services
45
to
or
for
entities
other
than
governmental
or
public
agencies
for
an
amount
46
reasonably
calculated
to
cover
the
cost
of
rendering
such
services.
47
(12)
To
enter
into
a
lease
of
real
or
personal
property
as
lessor
or
48
lessee,
or
other
transaction,
with
the
Idaho
health
facilities
authority
for
49
a
term
not
to
exceed
ninety
-
nine
(99)
years
upon
a
determination
by
the
dis
-
50

7
trict
board
that
the
real
or
personal
property
to
be
leased
is
necessary
for
1
the
purposes
of
the
district
and
to
pledge
nontax
revenues
of
the
district
2
to
secure
the
district's
obligations
under
such
leases.
For
the
purposes
of
3
this
chapter,
a
public
health
district
is
not
a
subdivision
of
the
state
and
4
shall
be
considered
an
independent
body
corporate
and
politic
pursuant
to
5
section
1,
article
VIII
of
the
constitution
of
the
state
of
Idaho
and
is
not
6
authorized
hereby
to
levy
taxes
or
to
obligate
the
state
of
Idaho
concerning
7
such
financing.
8
(13)
To
administer
and
certify
solid
waste
disposal
site
operations,
9
closure,
and
post
-
closure
procedures
established
by
statute
or
regulation
10
in
accordance
with
the
provisions
of
chapter
74,
title
39,
Idaho
Code,
in
1
1
a
manner
equivalent
to
the
site
certification
process
set
forth
in
section
12
39
-
7408,
Idaho
Code.
13
(14)
(13)
To
select
a
board
member
to
serve
as
trustee
on
the
board
of
14
trustees
of
the
Idaho
district
boards
of
health.
15
SECTION
3.
That
Section
39
-
7401,
Idaho
Code,
be,
and
the
same
is
hereby
16
amended
to
read
as
follows:
17
39
-
7401.
LEGISLATIVE
FINDINGS
AND
PURPOSES.
(1)
The
legislature
18
finds:
19
(a)
That
adverse
public
health
and
environmental
impacts
can
result
20
from
the
improper
land
disposal
of
solid
waste
and
that
the
need
for
es
-
21
tablishing
safe
sites
with
adequate
capacity
for
the
disposal
of
solid
22
waste
is
a
matter
of
statewide
concern
and
necessity;
and
23
(b)
That
the
resource
conservation
and
recovery
act
,
(
42
U.S.C.
sec.
24
6901
,
et
seq.
)
,
as
amended,
and
regulations
adopted
pursuant
thereto,
25
establish
complex,
detailed
,
and
costly
provisions
for
the
location,
26
design,
operation
,
and
monitoring
of
solid
waste
disposal
sites,
in
-
27
cluding
such
sites
as
may
be
operated
pursuant
to
the
responsibility
es
-
28
tablished
in
chapter
44,
title
31,
Idaho
Code;
and
29
(c)
That
a
state
program
to
implement
flexible
standards
provided
in
30
40
CFR
258,
if
approved
by
the
U.S.
environmental
protection
agency,
31
enables
a
state
to
take
advantage
of
site
specific
factors
in
the
de
-
32
sign
and
,
operation
,
closure,
post
-
closure,
and
financial
assurance
of
33
solid
waste
facilities
and
flexibility
in
meeting
federal
criteria
set
34
forth
in
that
regulation;
and
35
(d)
That
40
CFR
258
provides
that
such
a
program
of
flexible
standards
36
requires
approvals
by
a
designated
state
agency;
and
37
(e)
That
chapter
1,
title
39,
Idaho
Code,
vests
the
Idaho
department
of
38
environmental
quality
with
the
responsibility
to
issue
a
certificate
of
39
suitability
concerning
prospective
solid
waste
landfill
sites,
to
ap
-
40
prove
solid
waste
facility
design
and
ground
water
monitoring
programs
,
41
and
to
provide
approvals
pursuant
to
40
CFR
258;
and
42
(f)
That
chapter
44,
title
31,
Idaho
Code,
imposes
on
the
counties
the
43
primary
responsibility
for
the
development
and
operation
of
a
solid
44
waste
management
system;
and
45
(g)
That
chapter
4
74
,
title
39,
Idaho
Code,
vests
the
health
districts
46
Idaho
department
of
environmental
quality
with
the
primary
responsi
-
47
bility
for
the
review
and
approval
of
solid
waste
facility
operations
48

8
plans
operations,
closure,
post
-
closure,
and
corrective
action
plans,
1
and
the
enforcement
of
solid
waste
management
operations;
and
2
(h)
That
the
coordination
and
timeliness
of
response
to
federal
law
on
3
the
part
of
all
public
officials
within
the
state
is
critical
to
compli
-
4
ance
with
federal
regulations,
the
ability
of
each
affected
agency
to
5
carry
out
their
statutory
responsibilities
,
and
the
avoidance
of
exces
-
6
sive
construction
and
public
expenditures.
7
(2)
Therefore,
it
is
the
intent
of
the
legislature
to
establish
a
8
program
of
solid
waste
management
which
complies
with
40
CFR
258
federal
9
regulations
and
facilitates
the
incorporation
of
flexible
standards
in
10
facility
design
and
,
operation
s
,
closure,
post
-
closure,
and
corrective
ac
-
1
1
tion
.
The
legislature
hereby
establishes
the
solid
waste
disposal
standards
12
and
procedures
outlined
herein
and
a
facility
approval
process
for
the
state
13
of
Idaho,
the
political
subdivisions
thereof,
and
any
private
solid
waste
14
disposal
site
owner
in
order
to
facilitate
the
development
and
operation
of
15
solid
waste
disposal
sites,
to
effect
timely
and
responsible
completion
of
16
statutory
duties
,
and
to
ensure
protection
of
human
health
and
the
environ
-
17
ment,
to
and
protect
the
air,
land
,
and
waters
of
the
state
of
Idaho.
18
SECTION
4.
That
Section
39
-
7402,
Idaho
Code,
be,
and
the
same
is
hereby
19
amended
to
read
as
follows:
20
39
-
7402.
APPLICABILITY.
(1)
The
standards
and
procedures
set
forth
in
21
this
chapter
apply
to
owners
and
operators
of
new
municipal
solid
waste
land
-
22
fill
(MSWLF)
units,
existing
MSWLF
units,
and
lateral
expansions
of
existing
23
MSWLF
units,
except
as
otherwise
specifically
provided.
24
(2)
The
requirements
of
this
chapter
do
not
apply
to
MSWLF
units
that
25
ceased
to
accept
waste
on
or
prior
to
October
9,
1991.
26
(3)
MSWLF
units
that
receive
waste
after
October
9,
1991,
but
stop
27
receiving
waste
in
conformance
with
the
provisions
of
40
CFR
258.1(d),
are
28
exempt
from
the
requirements
of
this
chapter,
except
as
expressly
provided
29
herein.
30
(4)
All
MSWLF
units
that
receive
waste
on
or
after
October
9,
1993,
must
31
comply
with
all
of
the
requirements
of
this
chapter,
unless
otherwise
al
-
32
lowed
in
40
CFR
258.1(d),
(e)
,
or
(f).
33
(5)
MSWLF
units
failing
to
satisfy
these
standards
shall
cease
oper
-
34
ation
and
shall
not
accept
municipal
solid
waste
for
disposal
by
order
of
35
the
department
of
environmental
quality
and/or
the
district
health
depart
-
36
ment
until
provisions
of
this
chapter
are
complied
with
,
unless
a
compliance
37
schedule
or
corrective
action
plan
has
been
approved
by
the
director
of
the
38
department
of
environmental
quality
and/or
the
district
health
department
.
39
(6)
MSWLF
units
failing
to
satisfy
the
requirements
set
forth
in
this
40
chapter
are
considered
open
dumps
for
purposes
of
state
solid
waste
manage
-
41
ment
planning
and
are
prohibited
under
section
4005
of
RCRA.
42
(7)
MSWLF
units
containing
sewage
sludge
and
which
fail
to
satisfy
the
43
criteria
set
forth
in
40
CFR
258
violate
sections
309
and
405(e)
of
the
clean
44
water
act.
45
SECTION
5.
That
Section
39
-
7403,
Idaho
Code,
be,
and
the
same
is
hereby
46
amended
to
read
as
follows:
47

9
39
-
7403.
DEFINITIONS.
As
used
in
this
chapter:
1
(1)
"Active
portion"
means
that
part
of
a
facility
or
unit
that
has
re
-
2
ceived
or
is
receiving
wastes
and
that
has
not
been
closed
in
accordance
with
3
40
CFR
258.60.
4
(2)
"Agricultural
wastes"
means
wastes
generated
on
farms
resulting
5
from
the
production
of
agricultural
products
including,
but
not
limited
6
to,
manures
and
carcasses
of
dead
animals
weighing
each
or
collectively
in
7
excess
of
fifteen
(15)
pounds
but
do
does
not
include
wastes
that
are
clas
-
8
sified
as
hazardous.
9
(3)
"Applicant"
means
the
owner
or
the
operator
with
the
owner's
writ
-
10
ten
consent.
1
1
(4)
"Aquifer"
means
a
geological
formation,
group
of
formations,
or
a
12
portion
of
a
formation
capable
of
yielding
significant
quantities
of
ground
13
water
to
wells
or
springs.
14
(5)
"Board"
means
the
Idaho
board
of
environmental
quality.
15
(6)
"Buffer
zone"
means
that
part
of
a
facility
that
lies
between
the
16
active
portion
and
the
property
boundary.
17
(7)
"Clean
soils
and
clean
dredge
spoils"
means
soils
and
dredge
spoils
18
which
are
not
hazardous
wastes
or
problem
wastes
as
defined
in
this
section
19
and
do
not
pose
a
significant
risk
to
human
health
or
the
environment
.
20
(8)
"Co
-
located
waste
facilities"
or
"CWF"
means
facilities
that
ac
-
21
cept
both
household
waste
and
nonmunicipal
solid
waste
in
separate
waste
22
management
units
on
geographically
contiguous
property
that,
separately,
23
are
subject
to
the
provisions
of
this
title
and
rules
promulgated
pursuant
24
thereto.
25
(8)
(9)
"Commercial
solid
waste"
means
all
types
of
solid
waste
gener
-
26
ated
by
stores,
offices,
restaurants,
warehouses
,
and
other
nonmanufactur
-
27
ing
activities,
excluding
residential
and
industrial
wastes.
28
(9)
"Commercial
solid
waste
facility"
means
a
facility
owned
and
oper
-
29
ated
as
an
enterprise
conducted
with
the
intent
of
making
a
profit
by
any
in
-
30
dividual,
association,
firm,
or
partnership
for
the
disposal
of
solid
waste,
31
but
excludes
a
facility
owned
or
operated
by
a
political
subdivision,
state
32
or
federal
agency,
municipality
or
a
facility
owned
or
operated
by
any
in
-
33
dividual,
association,
firm
or
partnership
exclusively
for
the
disposal
of
34
solid
waste
generated
by
such
individual,
association,
firm
or
partnership.
35
(10)
"Construction/demolition
waste"
means
the
waste
building
materi
-
36
als,
packaging
,
and
rubble
resulting
from
construction,
remodeling,
repair
,
37
and
demolition
operations
on
pavements,
houses,
commercial
buildings
,
and
38
other
structures.
Such
waste
includes,
but
is
not
limited
to,
bricks,
con
-
39
crete,
other
masonry
materials,
soil,
rock,
lumber,
road
spoils,
rebar,
40
paving
materials
,
and
tree
stumps.
Noninert
wastes
and
asbestos
wastes
are
41
not
considered
to
be
demolition
waste
for
the
purposes
of
this
chapter.
42
(11)
"Contaminate"
means
to
allow
discharge
of
a
substance
from
a
land
-
43
fill
that
would
cause:
44
(a)
The
concentration
of
that
substance
in
the
ground
water
to
exceed
45
the
maximum
contamination
level
(MCL)
specified
in
40
CFR
258.40,
Idaho
46
drinking
water
standards
or
federal
regulations
;
or
47
(b)
A
statistically
significant
increase
in
the
concentration
of
that
48
substance
in
the
ground
water
where
the
existing
concentration
of
that
49

10
substance
exceeds
the
maximum
contamination
level
specified
in
para
-
1
graph
(a)
of
this
subsection;
or
2
(c)
A
statistically
significant
increase
above
background
in
the
con
-
3
centration
of
a
substance
which:
4
(i)
is
Is
not
specified
in
paragraph
(a)
of
this
subsection;
and
5
(ii)
is
Is
a
result
of
the
disposal
of
solid
waste;
and
6
(iii)
has
Has
been
determined
by
the
department
to
present
a
sub
-
7
stantial
risk
to
human
health
or
the
environment
in
the
concentra
-
8
tions
found
at
the
point
of
compliance.
9
(12)
"County"
means
any
county
in
the
state
of
Idaho.
10
(13)
"Cover
material"
means
soil
or
other
suitable
material
that
is
used
1
1
to
protect
the
active
portion
of
the
MSWLF
unit.
12
(14)
"Department"
means
the
Idaho
department
of
environmental
quality.
13
(14)
(15)
"Director"
means
the
director
of
the
Idaho
department
of
envi
-
14
ronmental
quality.
15
(15)
(16)
"Existing
MSWLF
unit"
means
any
municipal
solid
waste
land
-
16
fill
unit
that
is
receiving
solid
waste
as
of
the
applicable
date
specified
17
in
40
CFR
258.1(e).
18
(16)
(17)
"Facility"
means
all
contiguous
land
and
structures,
buffer
19
zones,
and
other
appurtenances
and
improvements
on
the
land
used
for
the
dis
-
20
posal
of
solid
waste.
21
(17)
(18)
"Floodplain"
means
the
area
encompassed
by
the
one
hundred
22
(100)
year
flood
as
defined
by
applicable
federal
emergency
management
23
agency
(FEMA)
flood
insurance
maps
or,
if
no
map
exists,
then
as
defined
in
24
40
CFR
258.11.
25
(18)
(19)
"Ground
water"
means
water
below
the
land
surface
in
a
zone
of
26
saturation.
27
(19)
"Health
district"
means
one
(1)
of
the
seven
(7)
district
health
28
departments
of
the
state
of
Idaho.
29
(20)
"Holocene
fault"
means
a
fault
characterized
as
a
fracture
or
a
30
zone
of
fractures
in
any
material
along
which
strata
on
one
(1)
side
have
been
31
displaced
with
respect
to
that
on
the
other
side
and
holocene
being
the
most
32
recent
epoch
of
the
quaternary
period,
extending
from
the
end
of
the
pleis
-
33
tocene
epoch
to
the
present.
34
(21)
"Household
waste"
means
any
solid
waste,
including
garbage,
trash
,
35
and
sanitary
waste
in
septic
tanks,
derived
from
households,
including
36
single
and
multiple
residences,
hotels
and
motels,
bunkhouses,
ranger
sta
-
37
tions,
crew
quarters,
campgrounds,
picnic
grounds
,
and
day
use
recreation
38
areas.
39
(22)
"Industrial
solid
waste"
means
solid
waste
generated
by
manufac
-
40
turing
or
industrial
processes
that
is
not
a
hazardous
waste
regulated
under
41
subtitle
C
of
RCRA.
Such
waste
may
include,
but
is
not
limited
to,
waste
42
resulting
from
the
following
manufacturing
processes:
electric
power
gen
-
43
eration;
fertilizer
and
agricultural
chemicals;
food
and
related
products
44
and
byproducts;
inorganic
chemicals;
iron
and
steel
manufacturing;
leather
45
and
leather
products;
nonferrous
metals
manufacturing/foundries;
organic
46
chemicals;
plastics
and
resins
manufacturing;
pulp
and
paper
industry;
47
rubber
and
miscellaneous
plastic
products;
stone,
glass,
clay
and
con
-
48
crete
products;
textile
manufacturing;
transportation
equipment;
and
water
49
treatment.
This
term
does
not
include
mining
waste
or
oil
and
gas
waste.
50

11
(23)
"Inert
wastes"
means
noncombustible,
nonhazardous,
nonputresci
-
1
ble,
nonleaching
solid
wastes
that
are
likely
to
retain
their
physical
and
2
chemical
structure
under
expected
conditions
of
disposal,
including
resis
-
3
tance
to
biological
attack.
4
(24)
"Landfill"
means
an
area
of
land
or
an
excavation
in
which
wastes
5
are
placed
for
permanent
disposal,
and
that
is
not
a
land
application
unit,
6
surface
impoundment,
injection
well
,
or
waste
pile.
7
(25)
"Landspreading
disposal
facility"
or
"land
application
unit"
8
means
a
facility
that
applies
sludges
or
other
solid
wastes
onto
or
in
-
9
corporates
solid
waste
into
the
soil
surface,
excluding
manure
spreading
10
operations,
at
greater
than
agronomic
rates
,
and
soil
conditioners
,
and
1
1
immobilization
rates.
12
(26)
"Lateral
expansion"
means
a
horizontal
expansion
of
the
waste
13
boundaries
of
an
existing
MSWLF
unit.
14
(27)
"Leachate"
means
a
liquid
that
has
passed
through
or
emerged
from
15
solid
waste
and
contains
soluble,
suspended
,
or
miscible
materials
removed
16
from
such
waste.
17
(28)
"Limited
purpose
landfill"
means
a
landfill
that
receives
solid
18
waste
of
limited
type
with
known
and
consistent
composition
other
than
wood
19
wastes,
municipal
solid
household
waste,
inert
waste
,
and
construction/de
-
20
molition
waste.
21
(29)
"Liquid
waste"
is
as
defined
in
40
CFR
258.28(c)(1).
22
(30)
"Monofill"
means
a
landfill
which
contains
a
specific
waste
whose
23
waste
stream
characteristics
remain
unchanged
over
time
and
may
include
spe
-
24
cial
wastes
,
problem
wastes
or
other
consistent
characteristic
wastes
but
25
do
does
not
include
wastes
regulated
under
any
other
applicable
regulations
26
regulation
.
27
(31)
"Municipal
solid
waste
landfill
unit
(MSWLF)
"
or
"MSWLF"
means
a
28
discrete
area
of
land
or
an
excavation
that
receives
household
waste,
and
29
that
is
not
a
land
application
unit,
surface
impoundment,
injection
well,
or
30
waste
pile,
as
those
terms
are
defined
under
in
40
CFR
257.2.
A
MSWLF
unit
31
also
may
receive
other
types
of
RCRA
subtitle
D
wastes,
such
as
commercial
32
solid
waste,
nonhazardous
sludge,
conditionally
exempt
small
quantity
gen
-
33
erator
waste
,
and
industrial
solid
waste.
Such
a
landfill
may
be
publicly
34
or
privately
owned.
A
MSWLF
unit
may
be
a
new
MSWLF
unit,
an
existing
MSWLF
35
unit
,
or
a
lateral
expansion.
36
(32)
"New
MSWLF
unit"
means
any
municipal
solid
waste
landfill
unit
that
37
has
not
received
waste
prior
to
October
9,
1993,
or
prior
to
October
9,
1995,
38
if
the
MSWLF
unit
meets
the
conditions
specified
in
40
CFR
258.1(f)(1).
39
(33)
"No
potential
for
migration"
means
the
geologic
formation
beneath
40
the
site
and
above
the
uppermost
aquifer
has
sufficient
hydrogeological
41
characteristics
and
holding
capacity
adequate
to
contain
all
hazardous
con
-
42
stituents
generated
during
the
active
life,
closure,
and
post
-
closure
care
43
periods.
44
(34)
"Nonmunicipal
solid
waste"
or
"NMSW"
means
a
solid
waste
that
is
45
not
mixed
with
household
waste
and
not
excluded
by
statute
or
rule.
46
(35)
"Nonmunicipal
solid
waste
landfill"
or
"NMSWLF"
means
a
landfill
47
that
accepts
only
nonmunicipal
solid
waste.
48
(33)
(36)
"Open
burning"
means
the
combustion
of
solid
waste
without:
49

12
(a)
control
Control
of
combustion
air
to
maintain
adequate
temperature
1
for
efficient
combustion;
2
(b)
containment
Containment
of
the
combustion
reaction
in
an
enclosed
3
device
to
provide
sufficient
resident
time
and
mixing
for
complete
com
-
4
bustion;
and
5
(c)
control
Control
of
the
emission
of
the
combustion
products.
6
(37)
"Operations
plan"
means
the
written
plan
developed
by
an
owner
or
7
operator
of
an
MSWLF
unit
detailing
how
the
facility
is
to
be
operated
during
8
its
active
life,
during
closure,
and
throughout
the
post
-
closure
period.
9
(34)
(38)
"Operator"
means
the
person(s)
responsible
for
the
overall
10
operation
of
a
facility
or
part
of
a
facility.
1
1
(35)
(39)
"Owner"
means
the
person(s)
who
owns
a
facility
or
part
of
a
12
facility.
13
(36)
(40)
"Permeability"
means
the
capacity
of
a
material
to
transmit
a
14
liquid.
For
the
purposes
of
this
chapter
permeability
is
expressed
in
terms
15
of
hydraulic
conductivity
of
water
in
centimeters
-
per
-
second
units
of
mea
-
16
surement.
17
(37)
(41)
"Person"
means
an
individual,
association,
firm,
partner
-
18
ship,
political
subdivision,
public
or
private
corporation,
state
or
fed
-
19
eral
agency,
municipality,
industry,
or
any
other
legal
entity
whatsoever.
20
(38)
(42)
"Pile"
or
"waste
pile"
means
any
noncontainerized
solid,
non
-
21
flowing
waste
that
is
accumulated
for
treatment
or
storage.
22
(39)
"Plan
of
operation"
means
the
written
plan
developed
by
an
owner
or
23
operator
of
a
MSWLF
unit
detailing
how
the
facility
is
to
be
operated
during
24
its
active
life,
during
closure,
and
throughout
the
post
closure
period.
25
(40)
(43)
"Point
of
compliance"
means
a
vertical
surface
located
at
the
26
hydraulically
downgradient
intercept
with
the
uppermost
aquifer
at
which
a
27
release
from
a
waste
management
unit
measured
as
change
in
constituent
val
-
28
ues
will
trigger
assessment
monitoring.
Point
of
compliance
shall
be
used
to
29
define
the
facility
design,
location
,
and
frequency
of
ground
water
monitor
-
30
ing
wells
and
corrective
action.
31
(41)
(44)
"Post
-
closure"
means
the
requirements
placed
upon
the
MSWLF
32
unit
after
closure
to
ensure
their
environmental
safety
for
a
thirty
(30)
33
year
period
or
until
the
site
becomes
stabilized
in
accordance
with
section
34
39
-
7416,
Idaho
Code
this
chapter
.
35
(42)
(45)
"Processing"
means
an
operation
conducted
on
solid
waste
to
36
prepare
it
for
disposal.
37
(43)
(46)
"Qualified
professional"
means
a
licensed
professional
ge
-
38
ologist
or
licensed
professional
engineer,
as
appropriate,
holding
current
39
professional
registration
in
compliance
with
applicable
provisions
of
the
40
Idaho
Code.
41
(44)
(47)
"RCRA"
means
the
resource
conservation
and
recovery
act
,
(
42
42
U.S.C.
sec.
6901
et
seq.
)
,
as
amended.
43
(45)
(48)
"Run
-
off"
means
any
rainwater,
leachate,
or
other
liquid
that
44
drains
over
land
from
any
part
of
a
facility.
45
(46)
(49)
"Run
-
on"
means
any
rainwater,
leachate,
or
other
liquid
that
46
drains
over
land
onto
any
part
of
a
facility.
47
(47)
(50)
"Saturated
zone"
means
that
part
of
the
earth's
crust
in
which
48
all
voids
are
filled
with
water.
49

13
(48)
(51)
"Septage"
means
a
semisolid
consisting
of
settled
sewage
1
solids
combined
with
varying
amounts
of
water
and
dissolved
materials
gener
-
2
ated
from
a
septic
tank
system.
3
(49)
(52)
"Sludge"
means
any
solid,
semisolid,
or
liquid
waste
gen
-
4
erated
from
a
municipal,
commercial,
or
industrial
waste
water
treatment
5
plant,
water
supply
treatment
plant
,
or
air
pollution
control
facility
,
6
exclusive
of
the
treated
effluent
from
a
waste
water
treatment
plant.
7
(50)
(53)
"Solid
waste"
means
any
garbage
or
refuse,
sludge
from
a
8
waste
water
treatment
plant,
water
supply
treatment
plant,
or
air
pollution
9
control
facility
and
other
discarded
material
including
solid,
liquid,
10
semisolid,
or
contained
gaseous
material
resulting
from
industrial,
commer
-
1
1
cial,
mining,
and
agricultural
operations
and
from
community
activities
,
12
but
does
not
include
solid
or
dissolved
materials
in
domestic
sewage,
or
13
solid
or
dissolved
materials
in
irrigation
return
flows
or
industrial
dis
-
14
charges
that
are
point
sources
subject
to
permit
under
33
U.S.C.
1342,
or
15
source,
special
nuclear,
or
byproduct
material
as
defined
in
the
atomic
16
energy
act
of
1954,
as
amended
(68
Stat.
923).
These
regulations
shall
not
17
apply
to
the
following
solid
wastes
.
Solid
waste
does
not
include
:
18
(a)
Overburden,
waste
dumps
,
and
low
-
grade
stockpiles
from
mining
op
-
19
erations;
20
(b)
Liquid
wastes
whose
discharge
or
potential
discharge
is
regulated
21
under
federal,
state
,
or
local
water
pollution
permits;
22
(c)
Hazardous
wastes
,
as
designated
in
the
hazardous
waste
management
23
act,
chapter
44,
title
39,
Idaho
Code;
24
(d)
Wood
waste
used
for
ornamental,
animal
bedding,
mulch
and
plant
25
bedding
and
road
building
purposes;
26
(e)
Agricultural
wastes,
limited
to
manures
and
crop
residues,
re
-
27
turned
to
the
soils
at
agronomic
rates;
28
(f)
Clean
soils
and
clean
dredge
spoils
as
otherwise
regulated
under
29
section
404
of
the
federal
clean
water
act
(PL
95
-
217);
30
(g)
Septage
taken
to
a
sewage
treatment
plant
permitted
by
either
the
31
U.S.
environmental
protection
agency
or
the
department;
and
32
(h)
Wood
debris
resulting
from
the
harvesting
of
timber
and
the
dis
-
33
posal
of
which
is
permitted
under
pursuant
to
chapter
1,
title
38,
Idaho
34
Code
.
;
35
(i)
Solid
or
dissolved
materials
in
domestic
sewage;
36
(j)
Solid
or
dissolved
materials
in
irrigation
return
flows;
37
(k)
Industrial
discharges
that
are
point
sources
subject
to
permit
un
-
38
der
33
U.S.C.
1342;
and
39
(l)
Source,
special
nuclear,
or
byproduct
material
as
defined
in
the
40
atomic
energy
act
of
1954,
as
amended.
41
(51)
(54)
"Special
waste"
means
those
wastes
which
require
special
42
treatment
or
handling
after
it
arrives
arrival
at
the
disposal
site
.
The
43
term
includes
,
including
but
is
not
limited
to,
asbestos
containing
ma
-
44
terial,
petroleum
contaminated
soils,
low
-
level
PCB
containing
material,
45
low
-
level
dioxin
containing
material
,
and
uncut
unprocessed
tires.
46
(52)
(55)
"Statistically
significant"
means
significant
as
determined
47
by
ANOVA
analysis
of
variance
as
applied
within
40
CFR
258.53(h)(2)
or
as
48
provided
by
40
CFR
258.53(g)(5)
a
statistical
test
method
outlined
in
40
CFR
49

14
258.53(g)
or
by
another
method
that
meets
the
requirements
provided
by
40
CFR
1
258.53(h)
.
2
(53)
(56)
"Uppermost
aquifer"
means
the
geological
formation
nearest
3
the
natural
ground
surface
that
is
an
aquifer
as
well
as
lower
aquifers
that
4
are
hydraulically
interconnected
with
this
aquifer
within
the
facility's
5
property
boundary.
6
(54)
(57)
"Waste
management
unit
boundary"
means
a
vertical
surface
lo
-
7
cated
at
the
hydraulically
downgradient
limit
of
the
unit.
This
vertical
8
surface
extends
down
into
the
uppermost
aquifer.
9
(55)
(58)
"Water
quality
standard"
means
a
standard
set
for
maximum
al
-
10
lowable
contamination
in
surface
waters
and
ground
water
as
set
forth
in
the
1
1
water
quality
standards
for
waters
for
the
state
of
Idaho.
12
(56)
(59)
"Wetlands"
is
as
defined
in
40
CFR
232.2(r)
by
federal
law
or
13
regulations
.
14
(57)
(60)
"Wood
waste"
means
solid
waste
consisting
of
wood
pieces
or
15
particles
generated
as
a
byproduct
or
waste
from
the
manufacturing
of
wood
16
products,
handling
and
storage
of
raw
materials
and
trees
and
stumps.
This
17
includes,
but
is
not
limited
to,
sawdust,
chips,
shavings,
bark,
pulp,
hog
18
fuel
and
log
yard
waste,
but
does
not
include
wood
pieces
or
particles
con
-
19
taining
chemical
preservatives
such
as
creosote,
pentachlorophenol,
or
cop
-
20
per
-
chrome
-
arsenate.
21
Undefined
terms
shall
be
given
their
usual
and
ordinary
meaning
within
22
the
context
of
the
provisions
of
this
chapter.
23
SECTION
6.
That
Section
39
-
7404,
Idaho
Code,
be,
and
the
same
is
hereby
24
amended
to
read
as
follows:
25
39
-
7404.
CONSISTENCY
WITH
FEDERAL
LAW
-
-
STATUS
OF
APPENDICES.
(1)
The
26
legislature
intends
that
the
state
of
Idaho
enact
and
carry
out
a
solid
waste
27
program
that
will
enable
the
state
to
achieve
approved
state
status
with
re
-
28
spect
to
solid
waste
disposal
facility
regulation
from
the
federal
govern
-
29
ment.
30
(2)
The
legislature
finds
that
subtitle
D
of
RCRA,
and
in
particular
31
the
code
of
federal
regulations,
title
40,
part
257
and
258,
establish
com
-
32
plex,
detailed
,
and
costly
provisions
for
the
disposal
of
solid
waste.
By
33
the
provisions
of
this
chapter,
the
legislature
desires
to
avoid
duplicative
34
or
conflicting
state
and
federal
regulatory
systems
and
allow
local
MSWLF
35
unit
owners
the
maximum
flexibility
possible
under
40
CFR
257
and
258
federal
36
regulations
,
to
meet
the
substantive
goals
of
protection
of
human
health
and
37
the
environment
with
consideration
for
actual
site
and
climatic
conditions.
38
At
any
time
that
40
CFR
257
or
40
CFR
258
is
applicable
federal
law
or
regu
-
39
lations
are
amended,
any
additional
flexibility
or
extension
otherwise
pro
-
40
hibited
by
this
chapter
shall
be
allowed
as
applicable.
41
(3)
The
board
may
not
promulgate
any
rule
pursuant
to
this
act
chapter
42
that
would
impose
conditions
or
requirements
more
stringent
or
broader
in
43
scope
than
the
referenced
RCRA
regulations
of
the
United
States
environmen
-
44
tal
protection
agency
or
the
provisions
of
this
chapter.
Until
regulations
45
are
adopted,
agency
conclusions
in
appendix
B
through
appendix
H,
inclusive,
46
per
the
"Federal
Register"
of
October
9,
1991,
or
the
solid
waste
disposal
47
technical
manual
published
by
the
United
States
environmental
protection
48

15
agency
in
November
1993
and
revised
in
April
1998,
shall
be
used
for
techni
-
1
cal
guidance
for
relevant
provisions
of
this
chapter.
2
SECTION
7.
That
Section
39
-
7406,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
39
-
7406.
RESPECTIVE
ROLES
OF
COUNTY
,
AND
DIRECTOR
AND
HEALTH
DISTRICT
5
-
-
LIBERAL
CONSTRUCTION.
(1)
The
county
,
and
director
and
health
district
6
each
perform
key
roles
in
statewide
solid
waste
management.
Principal
ju
-
7
risdiction
for
the
various
functions
of
solid
waste
regulation
and
manage
-
8
ment
as
it
pertains
to
site
selection,
development,
operation,
and
closure
9
shall
be
carried
out
as
outlined
herein:
10
(a)
Each
county
may
select
a
solid
waste
landfill
site
or
sites,
eval
-
1
1
uate
said
site(s)
for
compliance
with
site
certification
criteria,
12
develop
design
plans
for
construction
and
operation
of
MSWLF
unit(s),
13
including
ground
water
monitoring
programs,
provide
for
public
re
-
14
view
of
its
site
certification,
facility
design
and
operation
s
plans
15
through
the
conduct
of
a
twenty
-
eight
(28)
day
any
public
comment
period
16
conducted
pursuant
to
this
chapter
,
publish
legal
notices,
serve
as
17
the
repository
of
funds
established
for
financial
assurance,
cooperate
18
with
the
director
and
district
to
construct
and
operate
a
solid
waste
19
disposal
system
which
protects
human
health
and
the
environment,
and
20
perform
such
other
solid
waste
related
duties
as
may
be
specified
in
21
chapter
44,
title
31,
Idaho
Code;
22
(b)
The
director
shall
interact
:
23
(i)
Interact
and
cooperate
with
federal
agencies
to
secure
ap
-
24
proved
state
status
concerning
solid
waste
programs
,
administer
;
25
(ii)
Administer
the
site
selection
process
by
requiring
an
owner
26
to
certify,
through
such
professional
documentation
as
may
be
re
-
27
quired
in
this
chapter,
that
the
site
is
not
encumbered
by
criti
-
28
cal
site
limitations
as
set
forth
in
section
39
-
7407,
Idaho
Code,
29
ascertaining
that
such
certification
has
been
made
by
a
qualified
30
professional
,
review
;
31
(iii)
Review
and
approve
MSWLF
unit
design
plans,
the
ground
water
32
monitoring
program,
alternative
daily
cover
and
final
cover,
al
-
33
ternative
closure
and
post
-
closure
care
requirements
recommended
34
to
the
director
for
approval
by
the
district
,
financial
assurance
,
35
and
any
other
approvals
required
in
by
this
chapter
or
40
CFR
258
,
36
prepare
and/or
;
37
(iv)
Prepare
and
adopt
such
regulations
as
may
be
necessary
to
im
-
38
plement
the
provisions
of
this
chapter
,
and
cooperate
;
39
(v)
Cooperate
in
actual
site
monitoring
and
corrective
action
40
programs;
and
41
(c)
(vi)
The
health
district
shall
ascertain
that
Ensure
opera
-
42
tions
standards
are
met
,
prepare
and/or
;
43
(vii)
Prepare
and
adopt
technical
guidance
,
review
and
recommend
44
approval
of
alternative
operating,
closure
and
post
-
closure
re
-
45
quirements
to
the
director,
and
review
;
and
46
(viii)
Review
and
enforce
all
aspects
of
operation,
closure
,
and
47
post
-
closure
except
as
specified
above
.
48

16
(d)
(c)
All
approvals
required
by
40
CFR
258
shall
be
obtained
by
the
1
owner
and/or
applicant;
and
all
provisions
of
40
CFR
258
which
provide
2
for
flexibility
may
be
obtained
by
the
owner
and/or
applicant;
and
the
3
director
shall
have
the
authority
to
grant
all
such
approvals
in
accor
-
4
dance
with
the
provisions
of
this
chapter,
the
duty
to
make
a
determina
-
5
tion
that
an
application
meets
standards
or
provides
an
acceptable
al
-
6
ternative,
and
the
duty
to
approve
or
disapprove
the
application
in
a
7
timely
manner
prescribed
in
this
chapter.
8
(2)
This
chapter
shall
be
liberally
construed
to
allow
these
public
en
-
9
tities
having
jurisdiction
to
perform
their
respective
roles
to
protect
hu
-
10
man
health
and
the
environment
through
expeditious
and
technically
proper
1
1
solid
waste
management
practices,
while
recognizing
the
authority
of
local
12
governments
to
act
in
their
governmental
capacity
to
perform
the
duties
pre
-
13
scribed
in
chapter
44,
title
31,
Idaho
Code.
14
SECTION
8.
That
Section
39
-
7408,
Idaho
Code,
be,
and
the
same
is
hereby
15
amended
to
read
as
follows:
16
39
-
7408.
SITE
CERTIFICATION
PROCEDURE.
(1)
It
shall
be
the
responsi
-
17
bility
of
each
applicant
to
obtain
site
certification
from
the
director.
The
18
site
certification
process
is
hereby
established
to
ascertain
compliance
19
with
the
requirements
of
section
39
-
7407,
Idaho
Code.
20
(2)
The
site
certification
procedure
shall
be
administered
in
the
fol
-
21
lowing
manner:
accordance
with
the
provisions
of
this
chapter
and
rules
pro
-
22
mulgated
pursuant
thereto.
23
(a)
Prior
to
submittal
of
the
application,
the
applicant
may
conduct
a
24
site
tour
for
the
director,
health
district
and
all
other
public
agen
-
25
cies
with
jurisdiction
to
familiarize
the
agencies
with
characteris
-
26
tics
of
the
site
and
site
surroundings.
27
(b)
The
applicant
may
then
submit
an
application
to
the
director.
The
28
application
shall
address
each
of
the
criteria
set
forth
in
section
29
39
-
7407,
Idaho
Code,
explaining
the
technical
findings
regarding
each.
30
(c)
Wherever
technical
evaluation
of
relevant
information
is
required,
31
a
qualified
professional,
as
appropriate,
shall
certify
compliance
32
with
the
requisite
criteria.
33
(d)
When
the
application
is
submitted
to
the
director,
the
applicant
34
shall
publish
legal
notice
of
submittal
of
the
application
in
the
news
-
35
paper
published
in
the
county
as
determined
by
the
criteria
in
section
36
31
-
819,
Idaho
Code,
and
shall
make
the
application
available
for
public
37
inspection
and
copying.
The
date
of
publication
of
such
notice
shall
38
begin
a
twenty
-
eight
(28)
day
comment
period
during
which
written
com
-
39
ments
concerning
the
application
may
be
submitted
to
the
director.
40
(e)
The
director
shall
act
upon
the
application
within
twenty
-
one
(21)
41
days
of
the
end
of
the
comment
period
set
forth
above
and
shall
enter
a
42
decision
either
certifying
the
site
or
rejecting
the
application.
The
43
director
shall
review
the
site
certification
application,
not
contra
-
44
vening
the
opinion
of
the
applicant's
qualified
professional(s)
with
-
45
out
reliable
empirical
evidence
that
the
affirmations
in
the
applica
-
46
tion
are
erroneous.
Upon
finding
that
the
criteria
of
section
39
-
7407,
47
Idaho
Code,
have
been
affirmed
by
qualified
professionals,
the
direc
-
48
tor
shall
certify
the
site.
Any
rejection
of
a
site
certification
ap
-
49

17
plication
shall
be
accompanied
by
findings
in
writing
expressly
stat
-
1
ing
the
criteria
insufficiently
documented
and/or
violated
and
the
evi
-
2
dence
relied
upon
in
making
such
determination.
Failure
of
the
director
3
to
act
within
twenty
-
one
(21)
days
shall
constitute
site
certification.
4
An
applicant
shall
be
provided
an
opportunity
to
appeal
any
denial
of
5
certification.
6
(f)
(3)
Site
certification
is
transferable
with
ownership
of
the
site.
7
(g)
Within
ten
(10)
working
days
of
receipt
of
certification
from
the
8
director,
the
applicant
shall
publish
notice
in
the
newspaper
provided
9
for
in
subsection
(d)
of
this
section,
informing
the
public
that
certi
-
10
fication
of
the
site
has
been
approved.
1
1
SECTION
9.
That
Section
39
-
7408A
,
Idaho
Code,
be,
and
the
same
is
hereby
12
repealed.
13
SECTION
10.
That
Section
39
-
7408B
,
Idaho
Code,
be,
and
the
same
is
14
hereby
repealed.
15
SECTION
11.
That
Section
39
-
7408C
,
Idaho
Code,
be,
and
the
same
is
16
hereby
repealed.
17
SECTION
12.
That
Section
39
-
7408D
,
Idaho
Code,
be,
and
the
same
is
18
hereby
repealed.
19
SECTION
13.
That
Chapter
74,
Title
39,
Idaho
Code,
be,
and
the
same
is
20
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
21
ignated
as
Section
39
-
7409,
Idaho
Code,
and
to
read
as
follows:
22
39
-
7409.
CO
-
LOCATED
WASTE
FACILITIES.
(1)
An
applicant
may
submit
a
23
combined
application
for
a
CWF
pursuant
to
the
provisions
of
this
chapter.
24
(2)
A
single
notice
of
approval
for
a
CWF
shall
be
issued
by
the
director
25
pursuant
to
the
provisions
of
this
chapter.
26
(3)
The
review
and
approval
process
shall
be
administered
in
accordance
27
with
the
provisions
of
this
chapter
and
rules
promulgated
pursuant
thereto
28
that
are
applicable
to
the
applicant's
CWF
design
and
operations.
29
(4)
Co
-
located
waste
facilities
shall
be
subject
to
the
annual
inspec
-
30
tion
fee
assessed
on
municipal
solid
waste
landfills
and
shall
be
subject
to
31
tonnage
fees
in
an
amount
equal
to
the
waste
that
is
disposed
in
the
municipal
32
solid
waste
landfill
portion
of
the
co
-
located
facility.
33
SECTION
14.
That
Section
39
-
7409,
Idaho
Code,
be,
and
the
same
is
hereby
34
amended
to
read
as
follows:
35
39
-
7409
39
-
7410
.
STANDARDS
FOR
DESIGN.
(1)
Applicability.
These
36
standards
apply
to
new
MSWLF
units
and
lateral
expansions
of
existing
facil
-
37
ities
as
provided
in
40
CFR
258.40.
38
(2)
Liner
designs.
An
application
shall
indicate
the
liner
design
that
39
will
be
used
in
each
phase
of
construction.
All
owners
or
operators
of
MSWLF
40
units
shall
use
one
(1)
or
more
of
the
following
designs
,
in
combination
or
41
alone
:
42

18
(a)
Composite
liner
design.
A
composite
liner
design,
as
provided
un
-
1
der
40
CFR
258.40(b)
and
shall
include
that
includes
a
leachate
collec
-
2
tion
system
as
provided
under
40
CFR
258.40(a)(2);
or
3
(b)
Alternate
liner
design.
A
site
-
specific
alternate
liner
de
-
4
sign
based
upon
environmental
performance,
as
allowed
under
40
CFR
5
258.40(a)(1)
,
which
will
ensure
that
the
concentration
values
listed
6
in
table
1,
40
CFR
258.40,
or
as
amended,
will
not
be
exceeded
in
the
7
uppermost
aquifer
at
the
relevant
point
of
compliance.
This
design
8
shall
demonstrate
consideration
of
site
specific
factors
as
provided
9
in
40
CFR
258.40(c)
and
shall
include
a
leachate
collection
system
as
10
provided
under
40
CFR
258.40(a)(2);
or
1
1
(c)
Arid
design.
A
site
-
specific
arid
design
based
upon
environmen
-
12
tal
performance,
as
allowed
under
40
CFR
258.40(a)(1)
which
will
ensure
13
that
the
concentration
values
listed
in
table
1,
40
CFR
258.40,
or
as
14
amended,
will
not
be
exceeded
in
the
uppermost
aquifer
at
the
relevant
15
point
of
compliance.
This
design
shall
use
both
field
collected
data
16
and
predictions
that
maximize
contaminant
migration
for
demonstrating
17
no
potential
for
migration.
This
design
will
apply
to
locations
having
18
less
than
twenty
-
five
(25)
inches
of
precipitation
annually,
net
evapo
-
19
rative
losses
greater
than
thirty
(30)
inches
annually,
and
holding
ca
-
20
pacity
in
native
soils
greater
than
annual
absorbance;
and
only
applies
21
if:
22
(i)
solid
Solid
waste
is
deposited
no
less
than
fifty
(50)
feet
23
above
the
seasonal
high
level
of
ground
water
in
the
uppermost
24
aquifer;
25
(ii)
the
The
geologic
formation
beneath
the
site
and
above
the
up
-
26
permost
aquifer
must
have
capillary
capacities
greater
than
the
27
projected
maximum
volume
of
leachate
generated
during
the
active
28
life
of
the
MSWLF
unit;
and
29
(iii)
"no
potential
for
migration"
is
demonstrated
when
the
geo
-
30
logic
formation
beneath
the
site
and
above
the
uppermost
aquifer
31
has
sufficient
hydrogeological
characteristics
and
holding
ca
-
32
pacity
adequate
to
contain
all
hazardous
constituents
generated
33
during
the
active
life,
closure
and
post
-
closure
care
periods.
No
34
potential
for
migration
is
demonstrated;
and
35
(iv)
The
location
has
less
than
twenty
-
five
(25)
inches
of
precip
-
36
itation
annually,
net
evaporative
losses
greater
than
thirty
(30)
37
inches
annually,
and
a
holding
capacity
in
native
soils
greater
38
than
annual
absorbance.
39
(3)
Point
of
compliance.
For
each
MSWLF
unit,
the
relevant
point
of
40
compliance
shall
be
set
by
a
qualified
professional
by
criteria
contained
41
in
40
CFR
258.40(d)
(1)
through
(d)(8),
inclusive
,
subject
to
approval
by
the
42
director.
43
(4)
Leachate
discharge
shall
comply
with
permitted
discharge
require
-
44
ments
under
the
federal
clean
water
act
(PL
95
-
217)
and
federal
storm
water
45
discharge
regulations
(40
CFR
part
122).
46
SECTION
15.
That
Section
39
-
7410,
Idaho
Code,
be,
and
the
same
is
hereby
47
amended
to
read
as
follows:
48

19
39
-
7410
39
-
7411
.
GROUND
WATER
MONITORING
DESIGN.
(1)
Applicability.
1
These
requirements
apply
This
section
applies
to
MSWLF
units
except:
2
(a)
When
the
MSWLF
unit
meets
the
conditions
for
exemption
provided
for
3
in
40
CFR
258.1(f);
provided
however,
that
the
director
may,
at
his
dis
-
4
cretion,
require
monitoring
of
a
MSWLF
unit
which
meets
the
conditions
5
for
exemption
in
40
CFR
258.1(f),
if
necessary
to
protect
ground
water
6
resources.
If
the
director
does
require
ground
water
monitoring
of
such
7
MSWLF
unit,
a
method
other
than
the
ground
water
monitoring
wells
re
-
8
quired
in
this
section
and
in
40
CFR
258.51
through
258.55
may
be
used
to
9
detect
a
release
of
contamination
from
the
unit;
or
10
(b)
When
suspended
upon
demonstration
,
in
accordance
with
40
CFR
1
1
258.50
,
that
there
is
no
potential
for
migration
of
hazardous
con
-
12
stituents
from
the
MSWLF
unit
to
the
uppermost
aquifer
during
the
active
13
life
of
the
unit
and
the
post
-
closure
care
periods
when
certified
by
a
14
qualified
professional
and
approved
by
the
director.
15
(2)
Ground
water
monitoring
program.
All
ground
water
monitoring
pro
-
16
grams
shall
be
conducted
in
a
manner
consistent
with
the
guidance
of
relevant
17
portions
of
appendix
F
per
the
"Federal
Register"
of
October
9,
1991
,
or
the
18
solid
waste
disposal
technical
manual
published
by
the
United
States
envi
-
19
ronmental
protection
agency
in
November
1993
and
revised
in
April
1998
.
The
20
schedule
for
compliance
as
provided
by
40
CFR
258.50
shall
apply
unless
an
21
alternative
schedule
is
approved
by
the
director.
22
(a)
A
ground
water
monitoring
system
must
be
installed
that
consists
23
of
a
sufficient
number
of
wells,
installed
at
appropriate
locations
and
24
depths,
to
conform
with
the
requirements
of
40
CFR
258.51(a)
and
(d).
25
(b)
A
multiunit
ground
water
monitoring
system
may
be
constructed
in
-
26
stead
of
separate
ground
water
monitoring
systems
for
each
MSWLF
unit
as
27
provided
in
40
CFR
258.51(b).
28
(c)
Monitoring
wells
must
be
cased
in
a
manner
that
maintains
the
29
integrity
of
the
monitoring
well
bore
hole
as
provided
in
40
CFR
30
258.51(c).
Wells
must
be
constructed
in
such
a
manner
as
to
prevent
31
contamination
of
the
samples,
the
sampled
strata,
and
between
aquifers
32
and
water
bearing
strata,
and
in
accordance
with
Idaho
department
of
33
water
resources,
well
construction
standards
and
the
monitoring
well
34
standards
of
the
national
ground
water
association.
35
(3)
Point
of
compliance.
For
each
MSWLF
unit,
the
relevant
point
of
36
compliance
shall
be
set
as
a
function
of
site
and
monitoring
program
design
37
subject
to
the
approval
of
the
director.
The
relevant
point
of
compliance
38
for
purposes
of
MSWLF
unit
design,
well
location
,
and
corrective
action
39
shall
be:
40
(a)
Located
within
the
flow
pathway(s)
predicted
from
the
results
of
41
the
hydrogeologic
investigation;
42
(b)
No
more
than
one
hundred
fifty
(150)
meters
downgradient
from
the
43
waste
management
unit
boundary;
44
(c)
On
contiguous
property
owned,
or
otherwise
subject
to
possessory
45
rights
by
the
MSWLF
owner;
46
(d)
Shall
be
identified
Identified
by
the
qualified
professional
on
all
47
reports
and
documents
pertaining
to
analysis
of
ground
water
protection
48
measures;
and
49

20
(e)
Determined
in
consideration
of
factors
provided
in
40
CFR
1
258.40(d).
2
(4)
Ground
water
characterization,
sampling
and
analysis
require
-
3
ments.
4
(a)
(4)
The
ground
water
monitoring
system
must
include
sampling
and
5
analysis
procedures
consistent
with
40
CFR
258.53.
6
(b)
(a)
Monitoring
wells
shall
be
tested
for
the
constituents
listed
in
7
40
CFR
258,
appendix
I,
plus
temperature,
unless
otherwise
authorized
8
by
the
director
as
provided
in
40
CFR
258.54.
9
(c)
(b)
Background
values
will
shall
be
based
on
an
independent
sample
10
from
each
well
sampled
at
three
(3)
month
intervals
in
a
one
(1)
year
pe
-
1
1
riod.
12
(5)
Detection
monitoring
program.
13
(a)
(5)
Detection
monitoring
is
required
throughout
the
active
life
and
14
post
-
closure
care
period
at
MSWLF
units
as
provided
in
40
CFR
258.54
at
all
15
ground
water
monitoring
wells
as
defined
in
40
CFR
258.51(a)(1)
and
(a)(2)
16
for
constituents
listed
in
40
CFR
258,
appendix
I.
17
(b)
(a)
Each
well
shall
be
monitored
on
a
semiannual
basis
after
back
-
18
ground
characterization.
Alternative
constituents
and
sampling
fre
-
19
quency
may
be
approved
by
the
director
based
upon
considerations
as
de
-
20
fined
in
40
CFR
258.54
(a)(2)
and
(b).
Requests
for
alternative
con
-
21
stituents
or
frequency
shall
be
based
on
a
report
certified
by
a
quali
-
22
fied
professional.
23
(c)
(b)
Each
ground
water
sample
event
must
include
a
determination
of
24
the
ground
water
surface
elevation,
flow
direction
,
and
rate.
25
SECTION
16.
That
Section
39
-
7411,
Idaho
Code,
be,
and
the
same
is
hereby
26
amended
to
read
as
follows:
27
39
-
7411
39
-
7412
.
DESIGN
REVIEW
PROCEDURE.
(1)
Design
of
a
MSWLF
unit
28
shall
not
be
reviewed
until
site
certification
has
been
obtained.
After
29
obtaining
site
certification,
an
applicant
shall
produce
design
plans
and
30
specifications
which
comply
with
the
design
standards
set
forth
in
sections
31
39
-
7409
and
39
-
7410,
Idaho
Code
this
chapter
.
The
responsibility
for
com
-
32
plying
with
said
standards
shall
rest
solely
with
the
applicant
of
the
site
.
33
(2)
An
applicant
may
notify
the
director
of
its
intent
to
initiate
a
34
MSWLF
site
design
and
meet
with
the
director
to
discuss
standards,
schedule,
35
design
process
to
be
used
and
particular
concerns
of
the
director.
36
(3)
(2)
The
applicant
shall
conduct
aerial
and
cadastral
surveys,
rel
-
37
evant
studies,
and
prepare
a
hydrogeologic
report
which
will
satisfy
stan
-
38
dards
and
other
provisions
in
accordance
with
this
chapter
and
applicable
39
state
regulations.
Specific
climatic
data
and
verification
of
location
re
-
40
strictions
shall
be
included
a
preliminary
investigation.
In
so
doing,
the
41
applicant
shall
conduct
aerial
and
cadastral
surveys
and
perform
other
rel
-
42
evant
studies
to
demonstrate
compliance
with
this
chapter
and
rules
promul
-
43
gated
pursuant
thereto
.
44
(4)
(3)
The
After
completing
the
preliminary
investigation,
the
appli
-
45
cant
shall
submit
findings
and
a
tentative
design
plan,
including
prelimi
-
46
nary
schematic
design
of
environmental
monitoring
systems
to
the
director
as
47
a
result
of
the
preliminary
design
investigation.
The
submittal
initiates
48
a
twenty
-
eight
(28)
day
period
for
department
review
and
comment.
Concur
-
49

21
rent
with
the
submittal
to
the
director,
the
applicant
shall
publish
notice
1
in
a
newspaper
of
general
circulation,
as
determined
by
the
criteria
in
sec
-
2
tion
31
-
819,
Idaho
Code,
in
the
county
wherein
the
MSWLF
would
be
located
no
-
3
tifying
the
public
that
a
preliminary
design
plan
has
been
submitted
to
the
4
director
and
is
available
for
public
review.
The
date
of
publication
ini
-
5
tiates
a
twenty
-
eight
(28)
day
period
for
department
review
and
public
com
-
6
ment.
Written
public
comments
concerning
the
proposed
design
plan
shall
be
7
compiled
by
the
director.
The
compiled
public
comments
received
by
the
di
-
8
rector
and
those
generated
by
the
director
shall
be
transmitted
to
the
owner,
9
and
the
applicant
if
other
than
the
owner,
no
more
than
thirty
-
five
(35)
days
10
after
the
date
of
publication
of
the
notice
or
seven
(7)
days
after
the
end
1
1
of
the
public
comment
period,
whichever
is
later.
preliminary
design
plan
to
12
the
director
for
review
and
approval
pursuant
to
this
chapter.
The
prelimi
-
13
nary
design
plan
shall
include:
14
(a)
A
hydrogeologic
report;
15
(b)
Climatic
data;
16
(c)
Location
restrictions;
17
(d)
A
preliminary
ground
water
monitoring
plan;
18
(e)
A
preliminary
schematic
design
of
environmental
monitoring
sys
-
19
tems;
20
(f)
A
preliminary
schematic
design
of
the
facility;
and
21
(g)
Such
other
information
as
is
relevant
or
necessary
to
demonstrate
22
compliance
with
the
provisions
of
this
chapter
and
rules
promulgated
23
pursuant
thereto
and
to
provide
for
meaningful
comment
by
the
public
and
24
the
department.
25
(5)
(4)
When
a
response
is
received
from
the
director,
Upon
approval
of
26
the
preliminary
design
by
the
director,
the
applicant
may
submit
the
facil
-
27
ity
design,
ground
water
monitoring
program,
and
specifications,
in
a
final
28
design
report
which
addresses
standards
established
by
this
chapter,
appli
-
29
cable
federal
regulations
and
other
relevant
provisions
of
state
law
shall
30
submit
a
final
design
report
to
the
director
for
review
and
approval
pursuant
31
to
this
chapter
.
32
(a)
Said
submittal
The
final
design
report
shall
include
:
33
(i)
a
A
site
-
specific
analysis
of
hydrogeologic
conditions
,
;
34
(ii)
location
Location
restrictions
;
35
(iii)
and
other
factors
Factors
relevant
to
long
-
term
site
in
-
36
tegrity
,
and
shall
address
comments
from
the
public
and
the
direc
-
37
tor
related
to
objective
standards
in
the
final
design
report.
;
38
(iv)
A
ground
water
monitoring
program;
39
(v)
Facility
design
and
specifications;
and
40
(vi)
Such
other
information
as
is
relevant
or
necessary
to
demon
-
41
strate
compliance
with
the
provisions
of
this
chapter
and
rules
42
promulgated
pursuant
thereto.
43
(b)
Said
The
submittal
shall
be
prepared
and
stamped
by
a
qualified
44
professional
in
a
manner
consistent
with
sound
professional
practices.
45
The
submittal
of
this
final
design
report
initiates
a
fifty
-
six
(56)
day
46
period
for
the
director's
review.
47
(6)
Concurrent
with
submittal
to
the
director,
the
applicant
shall
re
-
48
lease
the
final
design
report,
including
all
supporting
reports,
plans
and
49
documentation,
to
the
extent
practicable,
for
public
comment
by
placing
it
50

22
for
inspection
at
every
public
library
within
the
county
where
the
proposed
1
MSWLF
would
be
located.
Copies
of
the
submittal
shall
be
made
available
for
2
possession,
at
the
cost
of
duplication,
at
a
public
location
in
the
county
3
seat
of
the
county
where
the
proposed
MSWLF
unit
would
be
located.
The
ap
-
4
plicant
shall
publish
notice
in
a
newspaper
of
general
circulation,
as
de
-
5
termined
by
the
criteria
in
section
31
-
819,
Idaho
Code,
in
the
county
wherein
6
the
MSWLF
would
be
located
notifying
the
public
that
a
final
design
report
7
has
been
submitted
to
the
director
and
is
available
for
public
review.
Pub
-
8
lic
comments
shall
be
submitted,
in
writing,
to
the
director
within
twenty
-
9
eight
(28)
days
of
the
date
of
publication.
10
(7)
No
more
than
fifty
-
six
(56)
days
after
publication
of
notice
of
sub
-
1
1
mittal,
or
twenty
-
eight
(28)
days
after
the
close
of
an
advertised
public
12
comment
period,
whichever
is
later,
the
director
shall
enter
a
decision
ei
-
13
ther
approving
or
disapproving
the
final
design.
The
decision
shall
be
in
14
writing
and
shall
make
one
(1)
of
the
following
findings:
15
(a)
Based
upon
the
information
submitted,
design
complies
with
appli
-
16
cable
standards.
17
(b)
Based
upon
the
information
submitted,
the
design
does
not
comply
18
with
applicable
standards,
setting
forth
with
specificity
the
material
19
standards
not
met
or
insufficiently
documented.
20
(c)
Failure
to
comport
with
professional
standards.
21
Failure
of
the
director
to
respond
to
an
applicant's
request
for
ap
-
22
proval
in
the
manner
provided
herein
shall
constitute
approval
of
the
23
request.
Construction
shall
not
be
initiated
on
a
MSWLF
unit
until
approval
24
has
been
granted,
except
that
construction
prior
to
approval
may
be
initi
-
25
ated
prior
to
July
1,
1993,
for
a
MSWLF
unit
which
meets
the
design
standard
26
of
section
39
-
7409(2)(a),
Idaho
Code.
The
applicant
shall
publish
notice
of
27
approval
in
a
newspaper
of
general
circulation
when
affirmative
or
defacto
28
approval
is
given.
29
(8)
Upon
entering
a
decision
of
disapproval,
an
automatic
twenty
-
one
30
(21)
day
stay
of
proceedings
shall
occur
unless
waived
by
the
applicant.
31
During
the
twenty
-
one
(21)
day
stay,
the
director
and
the
applicant
may
meet
32
and
confer
to
attempt
to
reconcile
differences.
At
any
point
during
that
33
twenty
-
one
(21)
day
period
the
director
and
applicant
can
reach
an
accord
and
34
approval
can
be
granted,
with
construction
authorized
at
that
point.
The
35
applicant
can
tender
a
written
waiver
of
this
twenty
-
one
(21)
day
reconcili
-
36
ation
period
which
would
initiate
the
requirement
provided
for
in
subsection
37
(9)
of
this
section.
At
any
time
in
the
review
process
or
post
-
decision
rec
-
38
onciliation
process
the
applicant
and
director
may
mutually
agree
to
extend
39
the
timeframes
contained
herein
and
may
resort
to
mediation,
arbitration,
or
40
binding
arbitration
to
resolve
differences
as
they
mutually
see
fit.
41
(9)
If
differences
are
not
reconciled
in
the
period
set
forth
in
subsec
-
42
tion
(8)
of
this
section,
the
director
shall
notify
the
owner
that
the
design
43
remains
disapproved.
Said
notice
of
disapproval
shall
incorporate
the
ra
-
44
tionale
for
disapproval
contained
in
the
original
decision
of
disapproval,
45
deleting
any
issues
resolved
in
the
post
-
decision
reconciliation
period.
46
(10)
Following
final
action
by
the
director
the
applicant
may
file
a
pe
-
47
tition
with
the
district
court,
with
concurrent
notice
to
the
director,
in
48
the
county
where
the
proposed
MSWLF
would
be
located
for
expedited
appellate
49
review
of
the
director's
decision.
The
petition
shall
set
forth
the
specific
50

23
basis
for
the
appeal
and
shall
identify
the
legal
and
factual
basis
for
con
-
1
testing
the
disapproval
by
the
director.
The
director
shall
submit
a
copy
2
of
the
entire
record
upon
which
its
disapproval
has
been
based
no
more
than
3
fourteen
(14)
days
after
the
date
the
applicant's
petition
for
review
has
4
been
filed.
Only
information
which
has
been
available
during
the
design
re
-
5
view
process
may
be
used
in
the
judicial
review
process.
6
(11)
All
issues
claimed
as
a
basis
of
appeal
by
the
applicant
shall
be
7
addressed
in
a
memorandum
filed
with
the
petition
appealing
disapproval
by
8
the
director.
The
director
shall
submit
a
reply
memorandum
no
later
than
9
fourteen
(14)
days
after
the
applicant's
petition
for
review
has
been
filed.
10
(12)
Upon
the
record,
the
applicable
law,
the
memoranda
of
the
respec
-
1
1
tive
parties,
and
such
independent
technical
assistance
as
the
court
may
12
find
it
necessary
and
appropriate
to
retain,
the
court
shall
evaluate
the
13
applicant's
petition
and
the
decision
by
the
director
and
shall
render
a
14
decision
no
more
than
twenty
-
one
(21)
days
after
the
completed
record,
and
15
accompanying
memorandum,
if
one
is
filed,
are
submitted
to
the
court
by
the
16
director.
The
court
shall
sustain
the
director's
disapproval
action
if
17
it
affirmatively
finds
that
the
record
contains
substantial
evidence
that
18
the
design
does
not
comply
with
standards
as
specified
pursuant
to
section
19
39
-
7412(7)(b)
or
(c),
Idaho
Code.
If
the
court
finds
the
disapproval
is
20
not
supported
by
substantial
evidence
in
the
record,
it
shall
reverse
the
21
director's
action
and
remand
the
matter
to
the
director
with
appropriate
22
instructions.
23
(13)
The
procedure
set
forth
in
subsections
(10)
through
(12)
of
this
24
section
are
effective
until
January
1,
1994.
On
and
after
January
1,
1994,
25
the
applicant
is
entitled
to
judicial
review
pursuant
to
chapter
67,
title
26
52,
Idaho
Code.
Upon
waiver
or
expiration
of
the
twenty
-
one
(21)
day
recon
-
27
ciliation
period,
the
director
and
the
applicant
shall
stipulate
to
accel
-
28
erated
judicial
review
pursuant
to
court
approval
where
the
ordinary
review
29
period
provided
in
chapter
67,
title
52,
Idaho
Code,
may
reasonably
result
in
30
substantial
increased
costs
to
the
applicant,
potential
violations
of
fed
-
31
eral
or
state
environmental
laws
or
threats
to
the
public
health
and
environ
-
32
ment.
33
(5)
Expansion
of
the
site,
facility,
or
operations,
including
adding
a
34
CWF,
or
addition
of
activities
not
included
in
the
approved
preliminary
de
-
35
sign
shall
require
the
applicant
to
submit
an
application
to
update
the
pre
-
36
liminary
design
with
the
department
for
review
and
approval.
The
review
and
37
approval
process
for
such
applications
shall
depend
on
whether
the
proposed
38
action
is
considered
to
be
a
major
or
minor
modification.
39
SECTION
17.
That
Section
39
-
7412,
Idaho
Code,
be,
and
the
same
is
hereby
40
amended
to
read
as
follows:
41
39
-
7412
39
-
7413
.
STANDARDS
FOR
OPERATION.
Owners
or
operators
of
all
42
MSWLF
units
shall:
43
(1)
Obtain
site
certification,
design
approval,
and
operating
plan
ap
-
44
proval
prior
to
accepting
waste;
45
(1)
(2)
Implement
a
program
for
detecting
and
preventing
disposal
of
46
regulated
hazardous
wastes
as
provided
in
40
CFR
258.20;
47

24
(2)
(3)
Provide
for
daily
cover
as
provided
in
40
CFR
258.21.
Alterna
-
1
tive
materials
or
cover
frequency
other
than
daily
cover
may
be
used
only
as
2
specified
by
the
MSWLF
plan
of
operation;
3
(3)
(4)
Provide
disease
vector
control
as
provided
in
40
CFR
258.22;
4
(4)
(5)
Implement
a
program
of
routine
methane
monitoring
and
control
5
as
provided
in
40
CFR
258.23;
6
(5)
(6)
Ensure
that
MSWLF
units
do
not
violate
any
ambient
air
quality
7
standard
or
emission
standard
from
any
emission
of
landfill
gases,
combus
-
8
tion
or
any
other
emission
associated
with
a
MSWLF
unit
as
provided
in
40
CFR
9
258.24;
10
(6)
(7)
Provide
and
control
access
as
provided
in
40
CFR
258.25;
1
1
(7)
(8)
Design,
construct
,
and
maintain
a
run
-
on/run
-
off
run
-
on
and
12
run
-
off
control
system
s
as
provided
in
40
CFR
258.26
to:
13
(a)
Prevent
all
the
run
-
on
of
surface
waters
and
other
liquids
result
-
14
ing
from
a
maximum
flow
of
a
twenty
-
five
(25)
year
storm,
or
snowmelt
15
into
the
active
portion
of
the
MSWLF
unit;
16
(b)
Control
the
collection
of
the
run
-
off
of
surface
waters
and
other
17
liquids
resulting
from
a
twenty
-
four
(24)
hour,
twenty
-
five
(25)
year
18
storm,
or
snowmelt,
whichever
is
greater,
from
the
active
portion
and
19
the
closed
portions
of
a
MSWLF
unit;
and
20
(c)
Prevent
the
discharge
of
pollutants
into
waters
of
the
United
21
States
and
the
state
of
Idaho
as
defined
in
40
CFR
258.27;
22
(8)
(9)
Prohibit
the
disposal
of
noncontainerized
liquids
or
sludges
23
containing
free
liquids
in
MSWLF
units
except
as
provided
in
40
CFR
258.28;
24
(9)
(10)
Establish
an
operating
and
recordkeeping
procedure
as
provided
25
in
40
CFR
258.29;
and
26
(10)
(11)
Comply
with
operating
procedures
established
by
the
board
for
27
implementation
by
the
districts
department,
which
are
intended
to
assure
28
ensure
operations
which
protect
the
public
health
and
maintain
the
integrity
29
of
the
landfill
design
.
;
and
30
(11)
(12)
For
MSWLF
units
that
dispose
of
greater
more
than
twenty
(20)
31
tons
per
day
of
municipal
solid
waste
based
on
an
annual
average
shall
:
32
(a)
Monitor
daily
climatic
conditions.
Monitoring
shall
include
33
precipitation
including
snow,
evaporation,
evaporative
water
temper
-
34
ature,
air
temperature,
wind
speed
and
direction
precipitation,
air
35
temperature,
and
wind
speed
and
direction
through
on
-
site
facilities
or
36
a
designated
local
weather
station
;
and
37
(b)
Weigh
all
incoming
waste
or
provide
an
equivalent
method
of
measur
-
38
ing
waste
tonnage
capable
of
estimating
total
annual
solid
waste
ton
-
39
nage.
40
SECTION
18.
That
Section
39
-
7413,
Idaho
Code,
be,
and
the
same
is
hereby
41
amended
to
read
as
follows:
42
39
-
7413
39
-
7414
.
OPERATIONS
PLAN
REVIEW.
(1)
Prior
to
operation
of
43
a
MSWLF
unit,
an
operations
plan
shall
be
submitted
to
the
health
district
44
with
jurisdiction
department
.
It
shall
be
the
responsibility
of
each
appli
-
45
cant
of
a
MSWLF
unit
to
certify
to
the
health
district
department
that
the
46
provisions
of
section
39
-
7412,
Idaho
Code,
have
been
complied
with
through
47
development
of
an
operating
plan
operations
plan
complies
with
this
chapter
48
and
rules
promulgated
pursuant
thereto
.
No
solid
waste
disposal
facility
49

25
shall
accept
waste
without
a
current
operating
certificate
from
the
health
1
district
with
jurisdiction
department
.
2
(2)
The
health
district
shall
review
operational
plans
in
the
same
3
manner
as
the
director
reviews
requests
for
site
certification
pursuant
to
4
section
39
-
7408,
Idaho
Code.
An
applicant
shall
provide
information
in
the
5
operations
plan
in
sufficient
detail
to
show
compliance
with
the
provisions
6
of
section
39
-
7412,
Idaho
Code,
and
required
procedures
adopted
pursuant
7
thereto.
The
same
standards
of
review
shall
apply
to
an
operations
plan
as
8
apply
to
the
site
certification
process.
The
health
district
shall
accept
9
certification
by
a
qualified
professional
that
standards
of
operation
have
10
been
met
upon
presentation
of
the
professional's
certification
of
compli
-
1
1
ance
and
presentation
of
a
written
explanation
of
operational
practices
12
which
will
be
undertaken
to
meet
standards
established
in
section
39
-
7412,
13
Idaho
Code
this
chapter
and
rules
promulgated
pursuant
thereto
.
14
(3)
If
an
operations
plan
provides
for
alternative
operating
criteria
15
requiring
approval
by
the
director
as
provided
in
40
CFR
258,
the
health
dis
-
16
trict
shall
make
a
decision
recommending
approval
or
disapproval.
Such
plan
17
shall
be
submitted
by
the
health
district
to
the
director
for
his
review.
The
18
submittal
shall
be
accompanied
by
findings
of
fact
and
the
recommendation
19
from
the
health
district.
Proposed
alternative
operating
criteria
may
be
20
included
in
the
operations
plan
for
review
and
approval
by
the
director
pur
-
21
suant
to
this
chapter.
Alternative
operating
criteria
may
also
be
approved
22
by
submitting
an
application
to
amend
the
operations
plan
with
the
depart
-
23
ment.
The
review
and
approval
process
for
such
applications
shall
depend
on
24
whether
the
proposed
operating
criteria
is
considered
to
be
a
major
or
minor
25
modification.
26
(4)
The
director
shall
review
the
recommendation
submitted
by
the
27
health
districts
and
shall
make
a
decision
to
approve
or
disapprove.
The
28
director
shall
review
recommendations
for
approval
using
the
same
stan
-
29
dards
of
review
provided
in
section
39
-
7408(2)(e),
Idaho
Code.
Expansion
30
of
the
site,
facility,
or
operations,
including
adding
a
CWF,
or
addition
31
of
activities
not
included
in
the
approved
operations
plan
shall
require
32
the
applicant
to
submit
an
application
to
amend
the
operations
plan
with
the
33
department.
The
review
and
approval
process
for
such
applications
shall
34
depend
on
whether
the
proposed
operating
criteria
is
considered
to
be
a
major
35
or
minor
modification.
36
(5)
Operations
plans
shall
be
recertified
every
five
(5)
years,
at
a
37
minimum,
pursuant
to
this
chapter.
38
(6)
The
review
and
approval
process
for
a
new
operations
plan,
an
amend
-
39
ment
thereto,
or
recertification
thereof
shall
be
conducted
pursuant
to
this
40
chapter.
41
SECTION
19.
That
Section
39
-
7414,
Idaho
Code,
be,
and
the
same
is
hereby
42
amended
to
read
as
follows:
43
39
-
7414
39
-
7415
.
ASSESSMENT
MONITORING
AND
CORRECTIVE
ACTION.
(1)
44
Applicability.
These
standards
apply
whenever
a
statistically
significant
45
increase
over
background
has
been
detected
for
one
(1)
or
more
constituents
46
listed
in
40
CFR
258,
appendix
I
or
an
alternative
list
approved
in
accor
-
47
dance
with
40
CFR
258.54(a)(2).
48

26
(2)
Assessment
monitoring
programs
shall
be
performed
in
accordance
1
with
40
CFR
258.55.
2
(3)
Assessment
of
corrective
measures
shall
be
performed
in
accordance
3
with
40
CFR
258.56.
Pursuant
to
40
CFR
258.56,
the
owner
or
operator
shall
4
discuss
the
results
of
the
corrective
measures
assessment,
prior
to
the
se
-
5
lection
of
a
remedy,
in
a
public
meeting
with
interested
and
affected
per
-
6
sons.
7
(4)
Selection
of
a
remedy
shall
be
performed
in
accordance
with
40
CFR
8
258.57.
9
(5)
Implementation
of
a
corrective
action
program
shall
be
performed
in
10
accordance
with
40
CFR
258.58.
1
1
SECTION
20.
That
Section
39
-
7415,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
39
-
7415
39
-
7416
.
STANDARDS
FOR
CLOSURE.
(1)
Applicability.
These
14
standards
apply
to
all
MSWLF
units
that
receive
wastes
on
or
after
October
9,
15
1993,
except
as
provided
by
40
CFR
258.
MSWLF
units
that
accept
waste
after
16
October
9,
1991,
but
cease
to
accept
waste
prior
to
October
9,
1993,
shall
,
17
at
a
minimum
,
comply
with
subsections
(2)(a)
and
(3)
of
this
section
in
addi
-
18
tion
to
the
"sanitary
landfill
closure
guidance"
criteria
as
adopted
by
the
19
health
district
technical
guidance
committee
on
June
8,
1990
.
20
(2)
Cover
designs.
Owners
or
operators
of
MSWLF
units
shall
install
one
21
(1)
of
the
following
final
cover
systems:
22
(a)
A
cover
as
provided
under
in
40
CFR
258.60(a)
or
(b)
;
or
23
(b)
The
cover
material
must
be
fine
-
grained
A
cover
that
has
a
24
fine
-
grained
cover
material
with
intrinsic
permeability
no
greater
25
than
1
X
10
-
3
cm/sec
and
a
minimum
thickness
of
twenty
-
four
(24)
inches
;
26
and
:
27
(i)
Have
There
is
a
capillary
holding
capacity
greater
than
the
28
projected
maximum
accumulated
volume
of
water
as
determined
by
29
utilization
of
accepted
water
balance
methodology
based
on
local
30
or
regional
twenty
-
five
(25)
year
climatic
records;
31
(ii)
Annual
precipitation
is
less
than
twenty
-
five
(25)
inches
32
with
net
evaporative
losses
greater
than
thirty
(30)
inches
annu
-
33
ally;
34
(iii)
The
top
six
(6)
inches
of
the
cover
shall
be
capable
of
sus
-
35
taining
shallow
rooted
native
plant
growth;
and
36
(iv)
This
design
shall
demonstrate
The
design
demonstrates
37
consideration
of
site
specific
factors
as
provided
in
40
CFR
38
258.60(b)
;
or
.
39
(c)
As
provided
in
40
CFR
258.60(b).
40
(3)
The
final
grade
of
slopes
shall
be
greater
than
two
percent
(2%)
41
unless
otherwise
supported
by
the
post
-
closure
plan
and
uses
approved
by
42
the
health
district
department
,
and
the
grade
of
side
slopes
not
more
than
43
thirty
-
three
percent
(33%).
44
(4)
Closure
plan
preparation,
placement
in
operating
record,
notice
of
45
intent
to
close,
time
requirements
for
commencement
and
completion
of
clo
-
46
sure
activities,
certification,
deed
notation
recordation
of
an
environmen
-
47
tal
covenant,
and
removal
of
deed
notation
an
environmental
covenant
shall
48
be
conducted
as
provided
in
40
CFR
258.60(c)
through
(j),
inclusive.
The
49

27
deed
notation
and
removal
of
deed
notation
recordation
and
removal
of
an
en
-
1
vironmental
covenant
shall
comply
with
the
uniform
environmental
covenants
2
act,
chapter
30,
title
55,
Idaho
Code.
3
(5)
After
completion
and
certification
of
an
MSWLF
closure,
the
owner
4
or
operator
shall
record
an
environmental
covenant,
pursuant
to
the
uniform
5
environmental
covenants
act,
chapter
30,
title
55,
Idaho
Code,
on
the
prop
-
6
erty
where
the
MSWLF
is
located,
and
its
future
use
may
be
restricted
in
ac
-
7
cordance
with
a
post
-
closure
care
plan.
A
copy
of
the
environmental
covenant
8
shall
be
sent
to
the
department
after
recording
with
the
county
clerk.
9
(6)
The
review
and
approval
process
for
a
closure
plan
shall
be
con
-
10
ducted
pursuant
to
this
chapter.
1
1
(7)
The
owner
or
operator
of
an
MSWLF
that
is
closing
shall
cause
no
-
12
tice
of
closure
to
be
published
in
a
newspaper
of
general
circulation
in
the
13
county
and
in
the
immediate
vicinity
of
the
facility
and
shall
post
notice
of
14
closure
signs
at
the
facility's
entrance.
The
notice
shall
be
published
and
15
posted:
16
(a)
Between
thirty
(30)
and
ninety
(90)
days
before
the
date
of
last
re
-
17
ceipt
of
waste
for
a
facility
that
has
reached
disposal
capacity;
or
18
(b)
Between
thirty
(30)
and
ninety
(90)
days
before
the
closure,
if
the
19
facility
has
remaining
capacity
and
there
is
a
reasonable
likelihood
20
that
the
facility
will
receive
additional
waste.
21
SECTION
21.
That
Section
39
-
7416,
Idaho
Code,
be,
and
the
same
is
hereby
22
amended
to
read
as
follows:
23
39
-
7416
39
-
7417
.
STANDARDS
FOR
POST
-
CLOSURE
CARE.
(1)
Applicability.
24
Post
-
closure
maintenance
standards
apply
to
all
MSWLF
units
that
receive
25
wastes
on
or
after
October
9,
1993,
except
as
provided
by
40
CFR
258.1.
26
(2)
Post
-
closure
care
shall
be
conducted
as
provided
under
in
40
CFR
27
258.61.
28
(3)
The
review
and
approval
process
for
a
post
-
closure
care
plan
shall
29
be
conducted
pursuant
to
this
chapter.
30
SECTION
22.
That
Section
39
-
7417,
Idaho
Code,
be,
and
the
same
is
hereby
31
amended
to
read
as
follows:
32
39
-
7417
39
-
7418
.
FINANCIAL
ASSURANCE
FOR
CLOSURE,
POST
-
33
CLOSURE
CARE
,
AND
CORRECTIVE
ACTION.
(1)
Applicability.
These
requirements
34
shall
apply
to
new
MSWLF
units,
existing
MSWLF
units
,
and
lateral
expan
-
35
sions
,
except
as
exempted
in
40
CFR
258.1(d)
and
258.70(a).
36
(2)
The
requirements
of
this
section
are
effective
April
9,
1995,
ex
-
37
cept
for
MSWLF
units
meeting
the
conditions
of
40
CFR
258.1(f)(1),
in
which
38
case
the
effective
date
is
October
9,
1995,
or
at
such
later
date
upon
subse
-
39
quent
amendment
of
40
CFR
258.70
through
258.74.
40
(3)
All
MSWLF
units
shall
be
underwritten
by
financial
assurance
provi
-
41
sions
as
provided
by
the
following:
42
(a)
Closure
as
provided
in
40
CFR
258.71;
43
(b)
Post
-
closure
care
as
provided
in
40
CFR
258.72;
and
44
(c)
Corrective
action
as
provided
in
40
CFR
258.73.
45

28
(4)
The
financial
assurance
mechanisms
provided
for
MSWLF
units
shall
1
include
any
mechanism
or
a
combination
of
mechanisms
meeting
the
criteria
of
2
40
CFR
258.74.
3
(5)
Counties
may
use
available
borrowing
capability
through
registered
4
warrants
for
a
prearranged
amount
and
preapproved
by
a
lending
institution
5
as
a
financial
mechanism
to
assure
assessment
monitoring
and
corrective
ac
-
6
tion
needs.
7
(6)
Subdivisions
of
the
state
may
use
any
method
provided
by
law
to
meet
8
the
requirements
of
this
section.
9
(7)
MSWLF
units
owned
or
operated
by
subdivisions
of
the
state
that
10
qualify
under
40
CFR
258.74(f)
may
include
any
mechanism
allowed
to
them
upon
1
1
adoption
and
publication.
12
(8)
Financial
assurance
funds
for
MSWLF
units
not
located
on
federal
or
13
state
lands
shall
be
deposited
in
a
county
trust
fund
in
the
county
in
which
14
the
MSWLF
unit
is
located.
The
county
shall
act
as
the
trustee
for
the
trust
15
funds,
and
as
named
coprincipal
for
surety
bonds,
letters
of
credit,
and
in
-
16
surance.
As
trustee,
the
county
may
require
an
independent
audit
of
the
ad
-
17
equacy
of
the
financial
assurance
but
shall
not
become
liable
for
financial
18
assurance
except
in
the
case
of
default
as
otherwise
defined
by
federal
and
19
state
law.
20
(9)
The
review
and
approval
process
for
a
financial
assurance
plan
21
shall
be
conducted
pursuant
to
this
chapter.
22
SECTION
23.
That
Section
39
-
7418,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
39
-
7418
39
-
7419
.
MODIFICATIONS
TO
SITES
APPROVED
UNDER
THIS
CHAP
-
25
TER.
(1)
The
following
classes
of
modifications
to
approved
sites
shall
26
require
that
an
owner
or
operator
amend
the
approved
design
or
ground
water
27
monitoring
program
be
considered
major
modifications
:
28
(a)
Lateral
expansion
outside
the
approved
waste
management
unit
29
boundary
design
;
30
(b)
Unpredictable
change
affecting
any
environmental
monitoring
pro
-
31
gram;
32
(c)
Change
of
liner
design
,
if
not
equivalent
to
the
approved
prelimi
-
33
nary
design's
liner
design
;
or
34
(d)
A
modification
of
the
design
or
operation
due
to
initiation
of
cor
-
35
rective
action
and
remediation
.
;
or
36
(e)
Any
change
to
operation
or
design
that,
as
determined
by
a
quali
-
37
fied
professional
and
affirmed
by
the
director,
may
appear
to
result
in
38
an
increased
risk
to
human
health
or
the
environment.
39
(2)
The
following
modifications
shall
be
considered
minor
modifica
-
40
tions:
41
(a)
Waste
processing
methodologies;
42
(b)
Installation
or
decommissioning
of
landfill
gas
extraction
or
43
ground
water
monitoring
wells;
44
(c)
Alternative
daily
cover
practices;
45
(d)
Solid
waste
diversion
programs;
or
46
(e)
Other
actions
or
modifications
that,
as
determined
by
a
qualified
47
professional
and
affirmed
by
the
director,
will
not
result
in
an
in
-
48
creased
risk
to
human
health
or
the
environment.
49

29
(3)
The
director
may
further
define
the
scope
of
subsections
(1)
and
(2)
1
of
this
section
by
rule
or
other
official
policy
document.
2
(2)
The
scope
of
new
investigations
and
plan
amendment
shall
be
defined
3
by
the
owner,
director
and
health
district
before
any
modification
to
the
de
-
4
cision
is
begun.
Only
those
stages
of
the
applicable
approval
process
af
-
5
fected
by
the
request
for
modification
shall
be
required.
6
(4)
The
owner
or
operator
of
a
facility
shall
apply
to
and
obtain
ap
-
7
proval
from
the
director
prior
to
implementing
a
major
or
minor
modifica
-
8
tion.
9
(5)(a)
An
applicant
may
request,
in
writing,
that
the
director
provide
10
a
preliminary
determination
on
whether
a
modification
is
major
or
mi
-
1
1
nor.
Such
preliminary
determination
shall
not
prohibit
the
director
12
from
making
a
different
determination
after
reviewing
a
formal
major
or
13
minor
modification
application.
14
(b)
The
director
shall
provide
a
preliminary
decision
within
fourteen
15
(14)
days
of
receiving
the
request
if
the
request
is
submitted
with
a
16
summary
of
the
proposed
changes.
If
no
such
summary
is
provided,
the
17
director
shall
provide
a
preliminary
decision
within
twenty
-
eight
(28)
18
days
of
receiving
the
request.
19
(6)
The
review
and
approval
process
for
a
major
or
minor
modification
20
application
shall
be
conducted
pursuant
to
this
chapter.
21
(a)
Notice
of
a
rejected
minor
modification
application
shall
be
sent
22
with
empirical
evidence
that
the
modification
will
increase
the
risk
to
23
human
health
or
the
environment.
24
(b)
An
applicant
may
appeal
any
rejection
or
condition
of
modification
25
pursuant
to
the
procedures
provided
in
this
chapter.
26
(7)
Approved
and
implemented
major
and
minor
modifications
shall
be
ac
-
27
counted
for
in
the
operations
plan
when
the
plan
is
submitted
for
recertifi
-
28
cation.
Such
modifications
may
be
accounted
for
prior
to
recertification
by
29
submitting
an
operations
plan
amendment
with
the
director
for
review
and
ap
-
30
proval
pursuant
to
this
chapter.
31
SECTION
24.
That
Chapter
74,
Title
39,
Idaho
Code,
be,
and
the
same
is
32
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
33
ignated
as
Section
39
-
7420,
Idaho
Code,
and
to
read
as
follows:
34
39
-
7420.
REVIEW,
APPROVAL,
AND
RECONCILIATION
PROCESSES
-
-
GENERAL
35
PROVISIONS.
(1)
A
prospective
applicant
may
request
to
meet
with
the
de
-
36
partment
to
discuss
applicable
standards,
schedules,
processes,
potential
37
concerns,
and
other
information
relevant
to
submitting
an
application
pur
-
38
suant
to
the
provisions
of
this
chapter.
39
(2)(a)
Wherever
technical
evaluation
of
relevant
information
is
re
-
40
quired
during
the
application
process,
a
qualified
professional,
as
41
appropriate,
shall
certify
compliance
with
the
applicable
standards.
42
(b)
The
director
shall
accept
certification
by
a
qualified
profes
-
43
sional
that
standards
have
been
met
upon
presentation
of
the
profes
-
44
sional's
certification
of
compliance
and
presentation
of
a
written
45
explanation
of
operational
practices
that
will
be
undertaken
to
meet
46
applicable
standards.
47
(3)
Failure
of
the
department
or
director
to
adhere
to
the
statutory
48
deadlines
provided
for
in
this
chapter
shall
constitute:
49

30
(a)
Notice
that
an
application
is
determined
to
be
complete;
or
1
(b)
Approval
of
an
application.
2
(4)
At
any
time
in
the
review
or
reconciliation
process,
the
applicant
3
and
director
may
agree,
in
writing,
to:
4
(a)
Extend
any
of
the
statutory
time
frames
provided
for
in
this
chap
-
5
ter;
or
6
(b)
Enter
into
mediation
or
arbitration.
7
(5)
Upon
receipt
of
notice
of
approval,
the
applicant
shall
cause
no
-
8
tice
to
be
published
pursuant
to
this
chapter,
informing
the
public
of
such
9
approval.
10
SECTION
25.
That
Chapter
74,
Title
39,
Idaho
Code,
be,
and
the
same
is
1
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
12
ignated
as
Section
39
-
7421,
Idaho
Code,
and
to
read
as
follows:
13
39
-
7421.
PUBLIC
REVIEW
AND
APPROVAL
PROCESS.
(1)
The
process
set
forth
14
in
this
section
applies
to
the
following
applications:
15
(a)
Site
certifications;
16
(b)
Preliminary
designs;
17
(c)
New
operations
plans;
18
(d)
Major
modifications;
and
19
(e)
Research,
development,
and
demonstration
permits
and
permit
re
-
20
newals.
21
(2)
Within
fourteen
(14)
days
of
receiving
an
application,
the
depart
-
22
ment
shall
notify
the
applicant,
in
writing,
that
the
application
is
com
-
23
plete
or
incomplete.
24
(a)
If
the
application
is
deemed
incomplete
by
the
department,
the
no
-
25
tice
shall:
26
(i)
Explain
the
application's
deficiencies;
27
(ii)
Identify
applicable
standards,
requirements,
and
other
in
-
28
formation
relied
on
by
the
department
in
determining
that
the
ap
-
29
plication
is
incomplete;
30
(iii)
Inform
the
applicant
that
the
application
can
be
resubmitted
31
pursuant
to
this
section;
and
32
(iv)
State
that
the
applicant
may
request
a
meeting
with
the
de
-
33
partment
to
review
the
application,
its
deficiencies,
and
solu
-
34
tions
thereto.
35
(b)
Incomplete
applications
can
be
resubmitted
within
one
(1)
year
of
36
the
date
on
the
department's
notice.
The
resubmitted
application
shall
37
address
all
deficiencies
identified
in
the
notice.
The
department
38
shall
have
fourteen
(14)
days
to
review
the
resubmitted
application.
39
If
the
department
determines
that
deficiencies
remain,
the
department
40
shall
notify
the
applicant,
in
writing,
that
the
application
has
been
41
rejected
and
shall
include
in
such
notice
an
explanation
of
the
defi
-
42
ciencies
and
information
relied
on
in
making
such
determination.
43
(3)(a)
Upon
receipt
of
the
department's
determination
that
an
applica
-
44
tion
is
complete,
the
applicant
shall:
45
(i)
Cause
notice
to
be
published
in
a
newspaper
of
general
circu
-
46
lation
in
the
county
where
the
facility
is
located,
or
proposed
to
47
be
located,
once
a
week
for
two
(2)
consecutive
weeks;
48

31
(ii)
Cause
notice
to
be
posted
in
the
immediate
vicinity
of
the
fa
-
1
cility
or
proposed
facility
during
the
publication
and
public
com
-
2
ment
period;
3
(iii)
Provide
written
notice
to
the
county
in
which
the
facility
or
4
proposed
facility
is
located;
and
5
(iv)
Provide
a
copy
of
such
notices
to
the
department
within
five
6
(5)
business
days
of
the
second
publication.
7
(b)
The
notice
shall
include:
8
(i)
The
name
and
location
of
the
facility
or
proposed
facility;
9
(ii)
A
general
description
of
the
proposed
operations
or
modifi
-
10
cations;
1
1
(iii)
The
place
where
the
application
may
be
reviewed;
and
12
(iv)
Instructions
directing
the
public
to
submit
comments
to
the
13
department
within
thirty
-
five
(35)
days
of
the
date
of
the
second
14
publication.
15
(4)
Within
fourteen
(14)
days
of
the
end
of
the
public
comment
period,
16
the
department
shall
provide
the
applicant
with
all
of
the
public
comments
17
received
by
the
department
and
may
provide
comments
of
its
own.
The
ap
-
18
plicant
may
provide
the
department
with
a
response
to
the
comments
within
19
twenty
-
one
(21)
days
of
receiving
the
comments
from
the
department.
20
(5)
Within
seventy
(70)
days
of
the
end
of
the
public
comment
period,
21
the
director
shall
notify
the
applicant,
in
writing,
that
the
application
22
has
been
accepted
or
rejected.
23
(a)
When
reviewing
an
application,
the
director
shall:
24
(i)
Consider
all
of
the
comments
received,
including
the
depart
-
25
ment's
and
the
applicant's,
if
provided;
and
26
(ii)
Defer
to
the
opinion
of
the
applicant's
qualified
profes
-
27
sionals,
unless
there
is
reliable
empirical
evidence
that
the
af
-
28
firmations
in
the
application
are
erroneous.
29
(b)
An
application
shall
be
approved
if
the
director
determines
that
30
all
applicable
standards,
requirements,
and
criteria
of
applicable
31
law,
rules,
and
regulations
have
been
satisfied.
32
(c)
A
rejected
application
shall
be
accompanied
by
written
findings
33
that
thoroughly
explain
the
reason
for
rejecting
the
application
and
34
provide
the
rationale,
evidence,
applicable
standards,
requirements,
35
and
information
relied
on
by
the
director
in
rejecting
the
application.
36
SECTION
26.
That
Chapter
74,
Title
39,
Idaho
Code,
be,
and
the
same
is
37
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
38
ignated
as
Section
39
-
7422,
Idaho
Code,
and
to
read
as
follows:
39
39
-
7422.
ADMINISTRATIVE
REVIEW
AND
APPROVAL
PROCESS.
(1)
The
process
40
set
forth
in
this
section
applies
to
the
following
applications:
41
(a)
Final
design
reports;
42
(b)
Ground
water
monitoring
plans;
43
(c)
Operations
plan
recertifications
or
amendments;
44
(d)
Closure
plans;
45
(e)
Post
-
closure
care
plans;
46
(f)
Financial
assurance
plans;
and
47
(g)
Minor
modifications.
48

32
(2)
Within
fourteen
(14)
days
of
receiving
an
application,
the
depart
-
1
ment
shall
notify
the
applicant,
in
writing,
that
the
application
is
com
-
2
plete
or
incomplete.
3
(a)
If
the
application
is
deemed
incomplete
by
the
department,
the
no
-
4
tice
shall:
5
(i)
Explain
the
application's
deficiencies;
6
(ii)
Identify
applicable
standards,
requirements,
and
other
in
-
7
formation
relied
on
by
the
department
in
determining
that
the
ap
-
8
plication
is
incomplete;
9
(iii)
Inform
the
applicant
that
the
application
can
be
resubmitted
10
pursuant
to
this
section;
and
1
1
(iv)
State
that
the
applicant
may
request
a
meeting
with
the
de
-
12
partment
to
review
the
application,
its
deficiencies,
and
solu
-
13
tions
thereto.
14
(b)
Incomplete
applications
can
be
resubmitted
within
six
(6)
months
of
15
the
date
on
the
department's
notice.
The
resubmitted
application
shall
16
address
all
deficiencies
identified
in
the
notice.
The
department
17
shall
have
fourteen
(14)
days
to
review
the
resubmitted
application.
18
If
the
department
determines
that
deficiencies
remain,
the
department
19
shall
notify
the
applicant,
in
writing,
that
the
application
has
been
20
rejected
and
shall
include
in
such
notice
an
explanation
of
the
defi
-
21
ciencies
and
information
relied
on
in
making
such
determination.
22
(3)
Within
thirty
-
five
(35)
days
of
the
date
on
the
notice
of
a
complete
23
application,
the
director
shall
notify
the
applicant,
in
writing,
that
the
24
application
has
been
accepted
or
rejected.
25
(a)
When
reviewing
an
application,
the
director
shall
defer
to
the
26
opinion
of
the
applicant's
qualified
professionals,
unless
there
is
27
reliable
empirical
evidence
that
the
affirmations
in
the
application
28
are
erroneous.
29
(b)
An
application
shall
be
approved
if
the
director
determines
that
30
all
applicable
standards,
requirements,
and
criteria
of
applicable
lo
-
31
cal,
state,
and
federal
law,
rules,
and
regulations
have
been
satis
-
32
fied.
33
(c)
A
rejected
application
shall
be
accompanied
by
written
findings
34
that
thoroughly
explain
the
reason
for
rejecting
the
application
and
35
provide
the
rationale,
evidence,
applicable
standards,
requirements,
36
and
information
relied
on
by
the
director
in
rejecting
the
application.
37
SECTION
27.
That
Chapter
74,
Title
39,
Idaho
Code,
be,
and
the
same
is
38
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
39
ignated
as
Section
39
-
7423,
Idaho
Code,
and
to
read
as
follows:
40
39
-
7423.
RECONCILIATION
PROCESS
-
-
ADMINISTRATIVE
AND
JUDICIAL
RE
-
41
VIEW.
(1)
Upon
notice
of
application
rejection,
an
automatic
twenty
-
one
(21)
42
day
stay
of
proceedings
shall
commence,
unless
such
stay
is
waived
by
the
43
applicant
in
writing.
44
(2)
If,
at
any
point
during
the
stay,
the
director
determines
that
a
45
reconciled
application
satisfies
all
of
the
applicable
standards,
require
-
46
ments,
and
criteria
of
applicable
local,
state,
and
federal
law,
rules,
and
47
regulations,
the
director
shall
issue
a
notice
of
approval.
48
(3)
Upon
waiver
or
expiration
of
the
stay:
49

33
(a)
The
director
shall
provide
the
applicant
with
a
written
notice
1
that:
2
(i)
Informs
the
applicant
that
the
application
remains
rejected;
3
(ii)
Includes
a
revised
explanation
of
the
rationale
and
basis
for
4
rejection;
and
5
(iii)
Informs
the
applicant
that
the
applicant
is
entitled
to
ju
-
6
dicial
review
pursuant
to
this
section
and
chapter
52,
title
67,
7
Idaho
Code;
and
8
(b)
The
applicant,
the
department,
and
affected
persons
are
entitled
9
to
judicial
review
pursuant
to
chapter
52,
title
67,
Idaho
Code.
If
ju
-
10
dicial
review
is
sought
by
the
applicant
or
director,
the
parties
shall
1
1
stipulate
to
accelerated
judicial
review
pursuant
to
court
approval
12
when
the
ordinary
review
period
provided
in
chapter
52,
title
67,
Idaho
13
Code,
may
reasonably
result
in
substantial
increased
costs
to
the
ap
-
14
plicant,
potential
violations
of
federal
or
state
environmental
laws,
15
or
threats
to
public
health
and
the
environment.
16
SECTION
28.
That
Chapter
74,
Title
39,
Idaho
Code,
be,
and
the
same
is
17
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
18
ignated
as
Section
39
-
7424,
Idaho
Code,
and
to
read
as
follows:
19
39
-
7424.
SOLID
WASTE
DISPOSAL
FEES.
(1)
In
order
to
facilitate
the
20
department
assuming
the
responsibility
for
the
activities
formerly
the
21
responsibility
of
the
various
public
health
districts,
it
is
necessary
to
22
impose
a
system
of
fees
upon
each
municipal
solid
waste
disposal
facility
23
or
site
authorized
pursuant
to
this
chapter,
or
other
disposal
facility
24
authorized
by
the
director,
to
support
the
additional
regulatory
responsi
-
25
bilities
of
the
department.
Costs
and
expenses
incurred
by
the
department
26
in
performing
the
duties
provided
for
in
this
chapter
that
were
formerly
the
27
responsibility
of
the
various
public
health
districts
shall
be
paid
out
of
28
the
solid
waste
regulatory
fund
created
in
this
chapter.
The
fees
imposed
29
pursuant
to
this
section
shall
apply
to
all
solid
waste
disposed
of
in
an
30
MSWLF
located
within
this
state,
whether
disposal
remains
in
state
or
is
31
exported
out
of
state,
and
regardless
of
whether
such
waste
is
subsequently
32
mined
or
otherwise
recovered
for
items
of
value.
33
(2)
Each
facility
subject
to
regulation
pursuant
to
this
chapter
shall
34
pay
an
annual
inspection
fee.
35
(a)
MSWLFs
shall
pay
an
annual
inspection
fee
of
four
thousand
dollars
36
($4,000).
37
(b)
All
other
solid
waste
facilities
shall
pay
an
annual
inspection
fee
38
in
an
amount
to
be
established
by
the
director.
39
(3)
In
addition
to
the
annual
inspection
fee,
a
tonnage
fee
of
seven
40
cents
($0.07)
per
ton
of
solid
waste
shall
be
imposed.
The
tonnage
fee
shall
41
be
assessed
only
on:
42
(a)
Solid
waste
disposed
of
at
an
MSWLF
in
the
state
of
Idaho;
and
43
(b)
Solid
waste
accepted
at
a
transfer
station
and
transported
for
dis
-
44
posal
at
an
MSWLF
located
outside
the
state
of
Idaho.
45
(4)
Applicants
shall
pay
an
application
fee
in
an
amount
to
be
estab
-
46
lished
by
the
director
at
the
time
of
submitting
an
application
to
the
de
-
47
partment.
Application
fees
are
intended
to
promote
accountability
by
ensur
-
48
ing
complete
and
accurate
submittal
and
not
to
cover
the
full
costs
incurred
49

34
by
the
department
when
carrying
out
its
duties
during
application
review
and
1
administration.
2
(5)
The
legislature
shall
reevaluate
the
sufficiency
of
this
section's
3
fee
amounts
in
the
2030
legislative
session
and
shall
adjust
the
fees
accord
-
4
ingly,
if
necessary.
5
SECTION
29.
That
Chapter
74,
Title
39,
Idaho
Code,
be,
and
the
same
is
6
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
7
ignated
as
Section
39
-
7425,
Idaho
Code,
and
to
read
as
follows:
8
39
-
7425.
COLLECTION
OF
FEES
AND
REPORTING.
(1)
The
annual
inspection
9
fee
shall
be
due
and
payable
on
or
before
October
31
of
each
year.
The
de
-
10
partment
may
adopt
rules
for
pro
-
rating
the
annual
inspection
fee
for
new
or
1
1
closed
facilities.
12
(2)
The
tonnage
fees
shall
be
due
and
payable
in
monthly
installments
by
13
the
owner,
operator,
or
designated
employee
or
agent
of
such
disposal
facil
-
14
ity
or
site.
15
(a)
On
or
before
the
thirtieth
day
following
the
end
of
each
monthly
16
period
in
which
the
fee
imposed
pursuant
to
this
chapter
accrued,
the
17
owner,
operator,
or
designated
employee
or
agent
shall
file
a
return
18
with
the
department
on
such
forms
as
the
department
may
require.
The
re
-
19
turn
shall
be
signed
and
shall
include:
20
(i)
The
quantity
of
waste
in
tons
for
facilities
with
scales;
21
(ii)
The
quantity
of
waste
in
tons,
using
five
hundred
(500)
22
pounds
per
cubic
yard,
for
facilities
exempt
from
having
scales;
23
(iii)
The
amount
of
the
fee
for
which
the
owner
or
operator
is
li
-
24
able
for
the
preceding
monthly
period;
and
25
(iv)
The
remittance
for
such
amount
in
such
form
required
by
the
26
department.
27
(b)
The
department
may
relieve
any
person
from
the
obligation
of
fil
-
28
ing
monthly
returns
and
may
instead
require
the
return
to
cover
other
29
reporting
periods,
but
in
no
event
shall
returns
be
filed
for
a
period
30
greater
than
three
(3)
months.
31
SECTION
30.
That
Chapter
74,
Title
39,
Idaho
Code,
be,
and
the
same
is
32
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
33
ignated
as
Section
39
-
7426,
Idaho
Code,
and
to
read
as
follows:
34
39
-
7426.
SOLID
WASTE
REGULATORY
FUND.
(1)
There
is
hereby
created
and
35
established
in
the
state
treasury
the
solid
waste
regulatory
fund.
36
(2)
The
fund
shall
consist
of
revenues
from
the
fees
imposed
by
this
37
chapter,
together
with
any
penalties,
interest,
or
deficiency
moneys
col
-
38
lected
by
the
department
pursuant
to
the
provisions
of
this
chapter,
and
such
39
other
moneys
that
may
be
provided
by
legislative
appropriation.
40
(3)
Moneys
in
the
fund
and
all
interest
earned
thereon
shall
be
kept
in
41
the
solid
waste
regulatory
fund
and
shall
be
expended
by
the
department
for
42
the
technical,
legal,
inspection,
and
administrative
support
necessary
for
43
implementing
this
chapter
and
rules
promulgated
to
meet
requirements
of
this
44
chapter
and
applicable
federal
regulations.
45

35
SECTION
31.
That
Section
39
-
7419,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
39
-
7419
39
-
7427
.
INSPECTIONS.
(1)
All
MSWLF
units
shall
be
subject
to
3
routine
inspection
by
the
county,
owner
and
director
and
health
district
in
4
accordance
with
relevant
provisions
of
the
Idaho
Code.
5
(2)
At
intervals
of
not
less
than
three
(3)
years,
nor
more
than
five
(5)
6
years,
the
owner,
county,
director
and
health
district
shall
jointly
conduct
7
a
comprehensive
review
of
the
MSWLF
unit
for
provisions
contained
in
this
8
chapter,
technical
guidance,
other
provisions,
and
the
plan
for
design
and
9
operation,
as
amended.
A
record
of
the
review
shall
be
placed
in
the
oper
-
10
ating
record
of
the
MSWLF
unit
which
shall
be
maintained
by
the
owner
and
the
1
1
health
district
with
jurisdiction.
Operating
procedures
shall
be
recerti
-
12
fied
at
intervals
of
no
more
than
three
(3)
years.
13
(2)(a)
Facilities
subject
to
the
imposition
of
the
fees
provided
for
in
14
this
chapter
shall
keep
complete
and
accurate
records,
including
cer
-
15
tified
scale
or
volume
data
as
identified
in
this
chapter,
itemized
in
-
16
voices,
shipping
papers,
and
manifests
for
all
types
and
quantities
of
17
solid
waste
subject
to
the
fees
imposed
by
this
chapter.
18
(b)
All
books,
documents,
papers,
electronic
records,
and
other
infor
-
19
mation
required
to
be
kept
by
this
section
shall
be
preserved
for
a
pe
-
20
riod
of
at
least
five
(5)
years
from
the
date
of
the
record
or
the
date
of
21
the
entries
appearing
therein,
unless
the
department,
in
writing,
au
-
22
thorizes
their
destruction
or
disposal
at
an
earlier
date.
23
(3)
An
authorized
agent
or
employee
of
the
department
may
enter
any
fa
-
24
cility
or
site
subject
to
the
provisions
of
this
chapter
during
normal
busi
-
25
ness
hours
and
inspect
the
premises
and
records
required
to
be
kept
pursuant
26
to
this
section
to
determine
whether
the
facility
or
site
is
in
compliance
27
with
provisions
of
this
chapter
and
rules
promulgated
to
meet
requirements
28
of
this
chapter
and
applicable
federal
law
and
regulations.
29
(4)
Every
three
(3)
to
five
(5)
years,
the
owner
and
director
shall
30
jointly
conduct
a
comprehensive
inspection
of
the
facility
and
review
of
the
31
designs
and
plans
to
evaluate
compliance
with
the
applicable
laws
and
regu
-
32
lations,
identify
areas
of
improvement,
and
provide
technical
guidance.
A
33
record
of
the
review
shall
be
kept
at
the
facility
and
by
the
director.
34
(5)
The
director
shall
inspect
ground
water
monitoring
reports
and
fi
-
35
nancial
assurance
documentation
annually.
36
SECTION
32.
That
Chapter
74,
Title
39,
Idaho
Code,
be,
and
the
same
is
37
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
38
ignated
as
Section
39
-
7428,
Idaho
Code,
and
to
read
as
follows:
39
39
-
7428.
ADDITIONS
AND
PENALTIES.
The
additions,
penalties,
and
re
-
40
quirements
provided
by
the
Idaho
income
tax
act,
sections
63
-
3046,
63
-
3075,
41
63
-
3076,
and
63
-
3077,
Idaho
Code,
shall
apply
in
the
same
manner
and
to
the
42
same
extent
to
this
chapter
as
to
the
Idaho
income
tax
act
and
shall
cover
43
such
additions,
penalties,
and
requirements
and
shall,
for
this
purpose,
be
44
described
and
be
for
acts,
omissions,
delinquencies,
and
requirements
pro
-
45
vided
in
this
chapter.
46

36
SECTION
33.
That
Section
39
-
7420,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
39
-
7420
39
-
7429
.
VIOLATIONS
AND
ENFORCEMENT.
(1)
Failure
to
comply
3
with
the
requirements
established
in
this
chapter,
requirements
of
rules
4
established
pursuant
to
this
chapter,
and
reasonable
conditions
of
approval
5
granted
pursuant
to
this
chapter
shall
be
unlawful.
Particularly
with
re
-
6
spect
to
siting
and
operation
of
a
municipal
solid
waste
landfill
to
satisfy
7
the
requirements
of
chapter
44,
title
31,
Idaho
Code,
enforcement
should
fo
-
8
cus
upon
on
remediation
of
deficiencies,
rather
than
punishment.
Penalties
9
should
be
imposed
where
practices
show
disregard
for
protection
of
human
10
health,
safety
,
and
the
environment.
1
1
(2)
Each
public
agency
with
responsibility
for
enforcement
of
require
-
12
ments
established
in
this
chapter
may
inspect,
monitor
,
and
employ
such
13
methods
of
enforcement
as
they
may
be
empowered
to
use
by
statute
or
local
14
ordinance.
15
(a)
(3)
The
director
may
shall
apply
the
provisions
of
section
39
-
108,
16
Idaho
Code,
to
insure
ensure
compliance.
17
(4)
The
collection
and
enforcement
procedures
available
to
the
18
Idaho
state
tax
commission
provided
by
the
Idaho
income
tax
act,
sections
19
63
-
3030A,
63
-
3038,
63
-
3039,
63
-
3040,
63
-
3042
through
63
-
3045A,
63
-
3047
20
through
63
-
3065A,
63
-
3068,
63
-
3071,
63
-
3072,
63
-
3073,
and
63
-
3078,
Idaho
21
Code,
shall
apply
and
be
available
to
the
department
for
the
enforcement
22
of
the
solid
waste
disposal
fees
and
for
the
assessment
and
collection
of
23
any
amounts
due
thereunder.
Said
sections
shall,
for
the
aforementioned
24
purposes,
be
considered
part
of
this
chapter
and
wherever
liens
or
any
other
25
proceedings
are
defined
as
income
tax
liens
or
proceedings,
they
shall,
when
26
applied
under
this
chapter,
be
described
as
solid
waste
disposal
fee
liens
27
and
proceedings.
28
(b)
(5)
The
respective
health
districts
or
the
several
counties
29
director
may
employ
the
use
of
negotiated
compliance
agreements
,
in
addition
30
to
civil
legal
remedies
and
misdemeanor
criminal
penalties
otherwise
autho
-
31
rized
,
in
order
to
obtain
compliance
with
requirements
established
herein
.
32
(3)
(6)
Where
more
than
one
(1)
public
entity
undertakes
enforcement
33
efforts
to
obtain
compliance
with
the
provisions
of
this
chapter,
enforce
-
34
ment
efforts
should
be
coordinated
to
the
greatest
extent
possible
to
mini
-
35
mize
conflict
among
requirements
and
costs
of
compliance.
36
(4)
(7)
A
private
right
of
action
in
on
behalf
of
any
person
who
has
been
37
injured
or
damaged
by
any
approval
authorized
in
this
chapter
or
violation
38
of
the
terms
of
any
approval
or
regulation
authorized
in
this
chapter
may
be
39
maintained
in
accordance
with
the
provisions
of
this
chapter
and
/or
the
pro
-
40
visions
of
chapter
52,
title
67,
Idaho
Code,
as
applicable.
41
(5)
If
a
district
fails
to
carry
out
responsibilities
established
in
42
this
chapter,
the
director
may
assume
the
authority
otherwise
to
be
imple
-
43
mented
by
a
district.
44
(8)
The
department
may
be
made
a
party
in
any
action
at
law
or
in
eq
-
45
uity
related
to
this
chapter
by
any
person
aggrieved
by
the
unlawful
seizure
46
or
sale
of
his
property,
or
in
any
suit
for
refund
or
to
recover
an
overpay
-
47
ment,
but
only
the
state
of
Idaho
shall
be
responsible
for
any
final
judgment
48

37
secured
against
the
department,
and
said
judgment
shall
be
paid
or
satisfied
1
out
of
the
general
fund
of
the
state.
2
SECTION
34.
That
Section
39
-
7421,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
39
-
7421
39
-
7430
.
RESEARCH,
DEVELOPMENT
,
AND
DEMONSTRATION
PER
-
5
MITS.
(1)
The
provisions
of
42
U.S.C.
6945(c)(1)(B)
and
40
CFR
258
allow
6
the
administrator
of
the
United
States
environmental
protection
agency
to
7
approve
state
research,
development
,
and
demonstration
permit
programs.
8
(2)
The
director
shall
initiate
the
process
outlined
in
40
CFR
239
by
9
which
the
state
may
receive
authorization
to
issue
research,
development
,
10
and
demonstration
(RDD)
permits
in
compliance
with
40
CFR
258.4
at
such
time
1
1
as:
12
(a)
The
department
receives
a
request
from
any
individual
who
expresses
13
an
intent
to
apply
for
an
RDD
permit;
and
14
(b)
The
department
and
requesting
individual
enter
into
a
written
15
agreement
in
which
the
requesting
individual
agrees
to
reimburse
the
16
department
for
the
reasonable
and
necessary
cost
to
make
such
applica
-
17
tion.
18
(3)
Upon
receipt
of
state
authorization
to
issue
such
permits,
the
di
-
19
rector
may
issue
an
RDD
permit
for
a
new
MSWLF
unit,
existing
MSWLF
unit,
or
20
lateral
expansion
for
which
the
owner
or
operator
proposes
to
utilize
inno
-
21
vative
and
new
methods
which
vary
from
either
or
both
of
the
following
crite
-
22
ria:
23
(a)
The
run
-
on
control
systems
required
by
section
39
-
7412(7)(a),
24
Idaho
Code
this
chapter
;
and
25
(b)
The
liquid
restrictions
in
section
39
-
7412(8),
Idaho
Code
pursuant
26
to
this
chapter
.
27
(4)
Any
permit
issued
under
subsection
(3)
of
this
section
shall
in
-
28
clude
the
following
terms
and
conditions:
29
(a)
The
MSWLF
unit
shall
have
a
leachate
collection
system
designed
30
and
constructed
to
maintain
less
than
a
thirty
(30)
centimeter
depth
of
31
leachate
on
the
liner;
32
(b)
Any
liquids
to
be
recirculated,
injected
or
otherwise
placed
in
33
the
MSWLF
unit
shall
be
appropriate
for
the
purposes
of
determining
the
34
efficacy
and
performance
capabilities
of
the
technology
or
process
and
35
shall
be
approved
by
the
director;
36
(c)
The
MSWLF
unit
owner
or
operator
shall
install
and
operate
a
land
-
37
fill
gas
collection
and
control
system
in
accordance
with
emission
con
-
38
trol
requirements
as
specified
in
40
CFR
part
60,
and
,
when
collected
39
in
economically
feasible
volumes,
landfill
gas
shall
be
used
for
energy
40
generation.
41
(5)
Upon
receipt
of
state
authorization
to
issue
such
permits,
the
di
-
42
rector
may
issue
an
RDD
permit
for
a
new
MSWLF
unit,
existing
MSWLF
unit,
43
or
lateral
expansion,
for
which
the
owner
or
operator
proposes
to
utilize
44
innovative
and
new
methods
which
vary
from
the
final
cover
criteria
of
40
45
CFR
258.60
(a)(1),
(a)(2)
and
(b)(1)
provided
the
landfill
owner
or
operator
46
demonstrates
that
the
infiltration
of
liquid
will
not
cause
contamination
of
47
ground
water
or
surface
water,
or
cause
leachate
depth
on
the
liner
to
exceed
48
thirty
(30)
centimeters.
49

38
(6)
Any
permit
issued
under
the
provisions
of
this
section
shall
in
-
1
clude
terms
and
conditions
at
least
as
protective
as
the
criteria
for
MSWLFs
2
to
assure
protection
of
human
health
and
the
environment.
Such
permits
3
shall:
4
(a)
Provide
for
the
construction
and
operation
of
such
facilities
as
5
necessary,
for
not
longer
than
three
(3)
years,
unless
renewed
as
pro
-
6
vided
in
subsection
(8)
of
this
section;
7
(b)
Provide
that
the
MSWLF
unit
must
receive
only
those
types
and
quan
-
8
tities
of
municipal
solid
waste
and
nonhazardous
wastes
which
the
di
-
9
rector
deems
appropriate
for
the
purposes
of
determining
the
efficacy
10
and
performance
capabilities
of
the
technology
or
process;
1
1
(c)
Include
such
requirements
as
necessary
to
protect
human
health
and
12
the
environment,
including
such
requirements
as
necessary
for
testing
13
and
providing
information
to
the
director
with
respect
to
the
operation
14
of
the
facility;
15
(d)
Require
the
owner
or
operator
of
a
an
MSWLF
unit
permitted
under
16
this
section
to
submit
an
annual
report
to
the
director
showing
whether
17
and
to
what
extent
the
site
is
progressing
in
attaining
project
goals.
18
The
report
shall
also
include
a
summary
of
all
monitoring
and
testing
19
results,
as
well
as
any
other
operating
information
specified
by
the
di
-
20
rector
in
the
permit.
Annual
reports
shall
be
submitted
to
the
director
21
within
three
(3)
months
after
the
anniversary
date
of
the
approved
per
-
22
mit
or
permit
renewal;
and
23
(e)
Require
compliance
with
all
criteria
in
chapter
74,
title
39,
Idaho
24
Code,
except
as
permitted
under
this
section.
25
(7)
The
director
may
order
an
immediate
termination
of
all
operations
26
at
the
facility
allowed
under
this
section
or
other
corrective
measures
at
27
any
time
the
director
determines
that
the
overall
goals
of
the
project
are
28
not
being
attained
including,
but
not
limited
to,
protection
of
human
health
29
or
the
environment.
30
(8)
Any
permit
issued
under
the
provisions
of
this
section
shall
not
ex
-
31
ceed
three
(3)
years
and
each
renewal
of
a
permit
shall
not
exceed
three
(3)
32
years.
33
(a)
The
total
term
for
a
permit
for
a
project,
including
renewals,
shall
34
not
exceed
twelve
(12)
twenty
-
one
(21)
years.
35
(b)
During
permit
renewal,
the
applicant
shall
provide
a
detailed
as
-
36
sessment
of
the
project
showing
the
status
with
respect
to
achieving
37
project
goals,
a
list
of
problems
and
status
with
respect
to
problem
38
resolutions,
and
any
other
requirements
that
the
director
determines
39
necessary
for
permit
renewal.
40
(c)
Owners
or
operators
requesting
permit
renewal
shall
submit
the
per
-
41
mit
renewal
application
to
the
director
at
least
six
(6)
months
prior
to
42
the
existing
permit
's
expiration
date.
43
(9)
It
shall
be
unlawful
to
begin
construction
to
implement
or
other
-
44
wise
utilize
the
exemptions
provided
in
this
section
without
first
receiv
-
45
ing
a
permit
from
the
director.
Permit
applications
will
be
processed
in
the
46
following
manner:
47
(a)
The
director
shall
review
the
RDD
permit
application
and
each
48
subsequent
permit
renewal
in
the
same
manner
as
the
director
reviews
49
requests
for
design
approval
pursuant
to
section
39
-
7411,
Idaho
Code
50

39
this
chapter
.
An
applicant
shall
provide
information
in
the
permit
ap
-
1
plication
in
sufficient
detail
to
address
design,
operating,
closure,
2
postclosure
post
-
closure
and
financial
assurance
requirements.
3
(b)
Each
permit
application
and
permit
renewal
application
shall
re
-
4
quire
the
owner
or
operator
to
certify
to
the
director
that
the
infor
-
5
mation
contained
in
the
application
is,
to
the
best
of
his
or
her
knowl
-
6
edge,
accurate
and
true,
and
the
MSWLF
unit
is
in
compliance
with
appli
-
7
cable
law.
8
(10)
Permit
review
and
oversight
costs
incurred
by
the
department
of
9
environmental
quality,
or
"department,"
and
health
district
shall
be
re
-
10
imbursed
by
the
applicant
or
permittee.
Reimbursable
review
and
oversight
1
1
costs
shall
include,
but
are
not
limited
to:
12
(a)
Reasonable
costs
associated
with
the
director's
review
of
a
permit
13
application
submitted
pursuant
to
this
section,
including
department
14
staff
time
and
the
cost
of
goods
and
services
contracted
by
the
depart
-
15
ment
in
performance
of
the
activities
described
in
this
section;
16
(b)
Reasonable
costs
associated
with
the
health
district's
review
of
17
portions
of
a
permit
application
submitted
pursuant
to
this
section
18
when
such
review
is
delegated
to
the
health
district
by
statute,
rule,
19
or
agreement
with
the
director;
20
(c)
(b)
Reasonable
costs
associated
with
the
department's
and
health
21
district's
oversight
of
permitted
RDD
units,
including
inspections
and
22
the
review
of
annual
reports,
monitoring,
and
testing
results
required
23
pursuant
to
this
section
or
required
by
permit,
and
the
processing
of
24
permit
amendments
and
terminations;
and
25
(d)
(c)
All
other
reasonable
and
necessary
costs
of
actions
taken
by
the
26
department
pursuant
to
this
section.
27
(11)
Reimbursable
review
and
oversight
costs
incurred
by
the
department
28
and
health
district
,
as
defined
in
subsection
(10)
of
this
section,
shall
be
29
reimbursed
as
follows:
30
(a)
Each
permit
application
submitted
to
the
director
pursuant
to
this
31
section
shall
be
accompanied
by
a
nonrefundable
fee
of
two
hundred
fifty
32
dollars
($250)
and
an
estimation
of
reimbursable
review
and
oversight
33
costs
the
department
and
health
district
may
incur
associated
with
the
34
review
of
the
permit
application
and
oversight
of
the
permit.
Each
per
-
35
mit
renewal
application
submitted
to
the
director
pursuant
to
this
sec
-
36
tion
shall
be
accompanied
by
a
nonrefundable
fee
of
one
hundred
dollars
37
($100)
and
an
estimation
of
reimbursable
review
and
oversight
costs
the
38
department
and
health
district
may
incur
associated
with
the
review
and
39
oversight
of
the
permit
renewal.
40
(b)
If
the
department
,
in
consultation
with
the
health
district,
de
-
41
termines
that
the
applicant's
estimation
of
reimbursable
review
and
42
oversight
costs
is
accurate,
and
the
submission
of
such
funds
will
ad
-
43
equately
reimburse
the
department
and
the
health
district
for
the
cost
44
of
all
review
and
oversight
activities
associated
with
that
permit
45
application
or
renewal
application,
the
department
shall
notify
the
46
applicant,
and
the
applicant
shall
submit
to
the
department
the
full
47
amount,
or
an
installment
deposit
in
the
amount
required
pursuant
to
48
this
subsection.
49

40
(c)
If
the
department
,
in
consultation
with
the
health
district,
de
-
1
termines
that
the
applicant's
estimation
of
reimbursable
review
and
2
oversight
costs
is
not
accurate,
and
the
submission
of
such
funds
will
3
not
adequately
reimburse
the
department
and
the
health
district
for
the
4
cost
of
all
review
and
oversight
activities
associated
with
that
permit
5
application
or
renewal
application,
the
department
shall
notify
the
6
applicant
and
the
application
shall
be
returned
to
the
applicant.
7
(d)
Upon
receipt
of
funds
in
the
amount
estimated
by
the
applicant
and
8
concurred
to
by
the
department
and
health
district,
or
receipt
of
an
in
-
9
stallment
deposit
in
the
amount
required
under
this
subsection,
the
di
-
10
rector
shall
initiate
permit
application
review
or
permit
renewal
re
-
1
1
view.
12
(e)
Once
the
department
and
the
health
district
concur
concurs
with
13
an
applicant's
estimation
of
reimbursable
review
and
oversight
costs,
14
and
the
department
provides
the
applicant
notice
thereof,
a
permit
ap
-
15
plicant
or
permit
renewal
applicant
may
submit
to
the
department
the
16
reimbursement
funds
in
their
entirety
or
an
installment
deposit
of
two
17
thousand
five
hundred
dollars
($2,500).
Should
funding
be
required
18
for
costs
incurred
in
excess
of
the
initial
two
thousand
five
hundred
19
dollar
($2,500)
deposit,
the
department
shall
notify
the
applicant
of
20
required
successive
deposits
in
the
amount
of
two
thousand
five
hundred
21
dollars
($2,500).
The
department
shall
pass
along
funds
collected
on
22
behalf
of
the
health
district
for
reimbursable
review
and
oversight
23
costs
incurred
by
such
district
within
sixty
(60)
days
of
receipt
of
24
such
funds
from
the
applicant,
or
within
sixty
(60)
days
of
receipt
of
25
a
certified
request
for
such
funds
from
the
health
district,
whichever
26
is
later.
Any
unused
portion
of
the
reimbursement
funds,
deposit,
or
27
successive
deposit
shall
be
returned
to
the
applicant
within
sixty
(60)
28
days
of
the
director's
final
decision
to
issue
or
deny
a
permit
or
permit
29
renewal
pursuant
to
this
section.
If
the
applicant
fails
to
submit
a
30
successive
deposit,
the
department
shall
suspend
review
of
the
permit
31
application
or
renewal
application,
and
the
director
shall
be
relieved
32
of
any
applicable
statutory
or
regulatory
permit
application
or
renewal
33
application
review
deadlines
during
the
review
suspension.
34
(f)
The
director
shall,
as
a
condition
of
renewal,
require
renewal
ap
-
35
plicants
to
reimburse
the
department
for
previously
uncaptured
reim
-
36
bursable
permit
review
and
oversight
costs
incurred
by
the
department
37
or
health
district
during
the
prior
permit
term.
38
(g)
Upon
request,
the
department
shall
provide
documentation
to
the
39
applicant
to
aid
in
the
development
of
the
applicant's
estimation
of
40
reimbursable
review
and
oversight
costs
or
to
support
the
department's
41
claims
and
any
health
district
claims
for
such
reimbursement.
42
(h)
Funds
submitted
to
the
department
pursuant
to
this
section
shall
43
not
be
returned
if
a
permit
application
is
terminated,
withdrawn,
re
-
44
turned,
or
denied
unless
the
funds,
or
some
portion
thereof,
have
not
45
been
used
by
the
department
or
health
district
as
of
the
date
of
the
ter
-
46
mination,
withdrawal,
return,
or
denial.
47
(12)
A
permit
issued
pursuant
to
this
section
may
be
transferred
only
48
to
a
new
owner
or
operator
of
the
permitted
MSWLF.
The
new
owner
or
operator
49
shall
submit
to
the
director
,
in
writing,
a
request
for
permit
transfer.
The
50

41
request
shall
include
a
statement
that
the
new
owner
or
operator
will
comply
1
with
all
terms
and
conditions
of
the
permit.
Upon
transfer
of
the
permit,
the
2
new
owner
or
operator
shall
be
responsible
for
compliance
with
all
terms
and
3
conditions
of
the
permit,
and
shall
be
subject
to
enforcement
of
such
terms
4
and
conditions.
5
(13)
The
following
MSWLF
units
are
not
eligible
for
a
permit
issued
pur
-
6
suant
to
this
section:
7
(a)
MSWLF
units
operating
under
an
exemption
set
forth
in
section
8
39
-
7409(2)(c),
Idaho
Code
this
chapter
.
9
(b)
MSWLF
units
operating
under
an
exemption
set
forth
in
40
CFR
10
258.1(f).
1
1
(c)
MSWLF
units
that
dispose
of
twenty
(20)
tons
of
solid
waste
per
day
12
or
less,
based
on
an
annual
average,
are
not
eligible
for
a
variance
from
13
40
CFR
258.60(b)(1),
except
in
accordance
with
40
CFR
258.60(b)(3).
14
(d)
MSWLF
units
that
have
exceeded
ground
water
protection
stan
-
15
dards
at
statistically
significant
levels
as
specified
in
section
16
39
-
7410(4)(a),
Idaho
Code
this
chapter
,
from
any
waste
unit
on
site
and
17
have
not
implemented
a
remedy
in
accordance
with
section
39
-
7414,
Idaho
18
Code
this
chapter
,
prior
to
RDD
permit
application
submittal.
19
(e)
MSWLF
units
that
have
landfill
gas
concentration
exceedances,
20
as
specified
in
section
39
-
7412(4),
Idaho
Code
this
chapter
,
from
any
21
waste
unit
on
site
and
have
not
implemented
a
remedy
in
accordance
with
22
section
39
-
7412(4),
Idaho
Code
this
chapter
,
prior
to
RDD
permit
appli
-
23
cation
submittal.
24
(14)
Owners
or
operators
of
MSWLF
units
circulating
leachate
or
gas
con
-
25
densate
derived
from
the
MSWLF
unit
in
compliance
with
section
39
-
7412(8),
26
Idaho
Code
this
chapter
,
and
40
CFR
258.28,
and
not
implementing
or
otherwise
27
utilizing
an
exemption
under
this
section,
are
not
required
to
comply
with
28
the
requirements
of
this
section.
29
(15)
An
applicant
or
permittee
may
appeal
any
final
decision
made
by
the
30
director
under
this
section
by
filing
a
request
for
hearing
in
accordance
31
with
rules
promulgated
by
the
department
governing
contested
cases,
or
in
32
the
absence
of
such
rules,
in
accordance
with
the
procedures
in
chapter
52,
33
title
67,
Idaho
Code.
34
SECTION
35.
That
Section
39
-
107D,
Idaho
Code,
be,
and
the
same
is
hereby
35
amended
to
read
as
follows:
36
39
-
107D.
RULES
OF
DEPARTMENT
OR
BOARD.
(1)
The
legislature
directs
37
that
any
rule
formulated
and
recommended
by
the
department
to
the
board
which
38
is
broader
in
scope
or
more
stringent
than
federal
law
or
regulations,
or
39
proposes
to
regulate
an
activity
not
regulated
by
the
federal
government,
is
40
subject
to
the
following
additional
requirements:
the
notice
of
proposed
41
rulemaking
and
rulemaking
record
requirements
under
chapter
52,
title
67,
42
Idaho
Code,
must
clearly
specify
that
the
proposed
rule,
or
portions
of
the
43
proposed
rule,
are
broader
in
scope
or
more
stringent
than
federal
law
or
44
regulations,
or
regulate
an
activity
not
regulated
by
the
federal
govern
-
45
ment,
and
delineate
which
portions
of
the
proposed
rule
are
broader
in
scope
46
or
more
stringent
than
federal
law
or
regulations,
or
regulate
an
activity
47
not
regulated
by
the
federal
government.
48

42
(2)
To
the
degree
that
a
department
action
is
based
on
science,
in
1
proposing
any
rule
or
portions
of
any
rule
subject
to
this
section,
the
de
-
2
partment
shall
utilize:
3
(a)
The
best
available
peer
reviewed
science
and
supporting
studies
4
conducted
in
accordance
with
sound
and
objective
scientific
practices;
5
and
6
(b)
Data
collected
by
accepted
methods
or
best
available
methods
if
the
7
reliability
of
the
method
and
the
nature
of
the
decision
justify
use
of
8
the
data.
9
(3)
Any
proposed
rule
subject
to
this
section
which
proposes
a
standard
10
necessary
to
protect
human
health
and
the
environment
shall
also
include
in
1
1
the
rulemaking
record
requirements
under
chapter
52,
title
67,
Idaho
Code,
12
the
following
additional
information:
13
(a)
Identification
of
each
population
or
receptor
addressed
by
an
esti
-
14
mate
of
public
health
effects
or
environmental
effects;
and
15
(b)
Identification
of
the
expected
risk
or
central
estimate
of
risk
for
16
the
specific
population
or
receptor;
and
17
(c)
Identification
of
each
appropriate
upper
bound
or
lower
bound
esti
-
18
mate
of
risk;
and
19
(d)
Identification
of
each
significant
uncertainty
identified
in
the
20
process
of
the
assessment
of
public
health
effects
or
environmental
ef
-
21
fects
and
any
studies
that
would
assist
in
resolving
the
uncertainty;
22
and
23
(e)
Identification
of
studies
known
to
the
department
that
support,
are
24
directly
relevant
to,
or
fail
to
support
any
estimate
of
public
health
25
effects
or
environmental
effects
and
the
methodology
used
to
reconcile
26
inconsistencies
in
the
data.
27
(4)
The
department
shall
also
include
a
summary
of
the
information
re
-
28
quired
by
subsection
(3)
of
this
section
in
the
notice
of
rulemaking
required
29
by
chapter
52,
title
67,
Idaho
Code.
30
(5)
Any
rule
promulgated
or
adopted
by
the
board
which
is
broader
in
31
scope
or
more
stringent
than
federal
law
or
regulations,
or
which
regulates
32
an
activity
not
regulated
by
the
federal
government,
submitted
to
the
stand
-
33
ing
committee
of
the
legislature
pursuant
to
section
67
-
5291,
Idaho
Code,
34
shall
include
a
notice
by
the
board
identifying
the
portions
of
the
adopted
35
rule
that
are
broader
in
scope
or
more
stringent
than
federal
law
or
rules,
or
36
which
regulate
an
activity
not
regulated
by
the
federal
government.
37
(6)
Nothing
provided
herein
is
intended
to
alter
the
scope
or
effect
of
38
sections
39
-
105(3)(g)
(iv)
,
39
-
118B,
39
-
3601,
39
-
4404,
39
-
7210
and
39
-
7404,
39
Idaho
Code,
or
any
other
provision
of
state
law
which
limits
or
prohibits
40
agency
action
or
rulemaking
that
is
broader
in
scope
or
more
stringent
than
41
federal
law
or
regulations.
42
SECTION
36.
That
Section
39
-
7204,
Idaho
Code,
be,
and
the
same
is
hereby
43
amended
to
read
as
follows:
44
39
-
7204.
PARTICIPATION.
(1)
To
participate
in
the
remediation
program
45
a
person
must
submit
an
application
to
the
department
as
described
under
sub
-
46
section
(2)
of
this
section.
47
(2)
An
application
submitted
under
this
section
must
meet
the
following
48
conditions:
49

43
(a)
Contain
the
following
general
information
concerning:
1
(i)
the
person,
2
(ii)
the
site,
and
3
(iii)
other
background
information
as
requested
by
the
depart
-
4
ment;
5
(b)
An
environmental
assessment
that
conforms
to
ASTM
Standard
Prac
-
6
tice
E
1527,
as
amended,
or
equivalent.
7
(3)
Not
more
than
thirty
(30)
days
after
receiving
an
application
under
8
subsection
(2)
of
this
section,
the
department
shall
determine
if
the
person
9
is
eligible
to
participate
in
the
remediation
program
under
this
chapter.
10
(4)
The
department
may
reject
an
application
submitted
under
subsec
-
1
1
tion
(2)
of
this
section
for
any
of
the
following
reasons:
12
(a)
Remediation
is
required
pursuant
to
sections
39
-
101
through
13
39
-
129,
sections
39
-
4401
through
39
-
4432,
or
sections
39
-
7401
through
14
39
-
7420
39
-
7429
,
Idaho
Code,
or
rules
promulgated
thereunder,
or
other
15
applicable
statutory
or
common
law;
or
16
(b)
The
condition
of
the
hazardous
substance
or
petroleum
described
in
17
the
application
constitutes
an
imminent
and
substantial
threat
to
human
18
health
or
the
environment;
or
19
(c)
The
application
is
not
complete.
20
(5)
If
the
application
is
rejected
under
subsection
(4)(c)
of
this
sec
-
21
tion,
the
department
shall
provide
the
person
with
a
list
of
all
information
22
needed
to
make
the
application
complete.
If
the
department
fails
to
comply
23
with
this
subsection,
the
application
shall
be
considered
completed
for
the
24
purposes
of
this
chapter.
25
(6)
If
the
department
rejects
an
application,
the
department
shall
do
26
the
following:
27
(a)
Notify
the
person
that
the
department
rejected
the
application;
28
(b)
Explain
the
reason
the
department
rejected
the
application.
29
SECTION
37.
An
emergency
existing
therefor,
which
emergency
is
hereby
30
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
31
July
1,
2026.
32