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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
593
BY
ENVIRONMENT,
ENERGY
AND
TECHNOLOGY
COMMITTEE
AN
ACT
1
RELATING
TO
THE
DEPARTMENT
OF
ENVIRONMENTAL
QUALITY;
PROVIDING
LEGISLATIVE
2
INTENT;
AMENDING
SECTION
39
-
5803,
IDAHO
CODE,
TO
REMOVE
AN
OBSOLETE
3
DEFINITION;
AMENDING
SECTION
39
-
5804,
IDAHO
CODE,
TO
REMOVE
AN
OUT
-
4
DATED
REFERENCE;
REPEALING
SECTION
39
-
5805,
IDAHO
CODE,
RELATING
TO
THE
5
STATE
HAZARDOUS
WASTE
MANAGEMENT
PLANNING
COMMITTEE;
REPEALING
SECTION
6
39
-
5806,
IDAHO
CODE,
RELATING
TO
THE
STATE
HAZARDOUS
WASTE
MANAGEMENT
7
PLAN;
REPEALING
SECTION
39
-
5807,
IDAHO
CODE,
RELATING
TO
THE
AMENDMENT
8
OR
REJECTION
OF
THE
PLAN;
REPEALING
SECTION
39
-
5809,
IDAHO
CODE,
RE
-
9
LATING
TO
ISSUANCE
OF
PERMITS
AND
LICENSES;
AMENDING
SECTION
39
-
5810,
10
IDAHO
CODE,
TO
REMOVE
AN
OUTDATED
REFERENCE;
REPEALING
CHAPTER
66,
1
1
TITLE
39,
IDAHO
CODE,
RELATING
TO
BIG
PAYETTE
LAKE
WATER
QUALITY;
AND
12
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
13
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
14
SECTION
1.
IDAHO
CODE
CLEANUP
-
-
LEGISLATIVE
INTENT.
It
is
the
intent
15
of
the
Legislature
to
ensure
that
the
state
laws
provided
in
Idaho
Code
are
16
streamlined,
up
-
to
-
date,
and
essential
for
the
citizens
of
Idaho,
while
best
17
serving
the
public
health,
safety,
and
welfare.
In
accordance
with
the
Idaho
18
Code
Cleanup
Act,
following
comprehensive
review,
the
Legislature
has
iden
-
19
tified
the
provisions
of
this
act
as
obsolete,
outdated,
or
unnecessary.
20
SECTION
2.
That
Section
39
-
5803,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
39
-
5803.
DEFINITIONS.
As
used
in
this
chapter:
23
(1)
"Panel"
means
the
site
review
panel
created
in
section
39
-
5812,
24
Idaho
Code.
25
(2)
"Committee"
means
the
state
hazardous
waste
management
planning
26
committee
created
in
section
39
-
5805,
Idaho
Code.
27
(3)
(2)
"Department"
means
the
department
of
environmental
quality.
28
(4)
(3)
"Designated
facility"
means
a
hazardous
waste
treatment,
stor
-
29
age
or
disposal
facility
that
has
received
a
permit
or
has
interim
status
un
-
30
der
title
II
of
the
solid
waste
disposal
act
or
has
a
permit
from
the
state
31
authorized
under
section
3006
of
title
II
of
the
solid
waste
disposal
act
(42
32
U.S.C.
6926).
33
(5)
(4)
"Director"
means
the
director
of
the
department
of
environmen
-
34
tal
quality.
35
(6)
(5)
"Disposal"
is
defined
in
section
39
-
4403,
Idaho
Code.
36
(7)
(6)
"Disposal
facility"
means
a
facility
or
a
part
of
a
facility
at
37
which
managed
hazardous
waste,
as
defined
by
rule,
is
intentionally
placed
38
into
or
on
any
land
or
water
and
at
which
hazardous
waste
will
remain
after
39
closure.
40
(8)
(7)
"Generator"
is
defined
in
section
39
-
4403,
Idaho
Code.
41
2
(9)
(8)
"Hazardous
waste"
is
defined
in
section
39
-
4403,
Idaho
Code.
1
(10)
(9)
"Hazardous
waste
management"
is
defined
in
section
39
-
4403,
2
Idaho
Code.
3
(11)
(10)
"On
-
site"
means
on
the
same
or
geographically
contiguous
4
property
that
may
be
divided
by
a
public
or
private
right
-
of
-
way
if
the
5
entrance
and
exit
between
the
pieces
of
property
are
at
a
crossroads
inter
-
6
section
and
access
is
by
crossing
rather
than
going
along
the
right
-
of
-
way.
7
Noncontiguous
pieces
of
property
owned
by
the
same
person
but
connected
by
8
a
right
-
of
-
way
that
the
owner
controls
and
to
which
the
public
does
not
have
9
access
is
also
considered
on
-
site
property.
10
(12)
(11)
"Operator"
means
the
person
responsible
for
the
overall
oper
-
1
1
ation
of
a
disposal,
treatment
or
storage
facility
with
approval
of
the
di
-
12
rector
either
by
contract
or
permit.
13
(13)
(12)
"Person"
is
defined
in
section
39
-
4403,
Idaho
Code.
14
(14)
(13)
"Plan"
means
the
state
hazardous
waste
management
plan
15
prepared
under
the
provisions
of
section
39
-
5806,
Idaho
Code
.
16
(15)
(14)
"Storage"
is
defined
in
section
39
-
4403,
Idaho
Code.
17
(16)
(15)
"Storage
facility"
means
a
facility
or
part
of
a
facility
at
18
which
managed
hazardous
waste,
as
defined
by
rule
and
regulation,
is
subject
19
to
storage.
20
(17)
(16)
"Title
II
of
the
solid
waste
disposal
act"
means
sections
1001
21
through
8006
of
public
law
89
-
272,
42
U.S.C.
6901,
6902
through
6910,
6912
22
through
6940,
and
6942
through
6986.
23
For
purposes
of
this
chapter,
words
and
phrases
defined
in
section
24
39
-
4403,
Idaho
Code,
shall
carry
the
same
meaning
when
used
in
this
chapter
25
unless
the
context
clearly
denotes
otherwise.
26
SECTION
3.
That
Section
39
-
5804,
Idaho
Code,
be,
and
the
same
is
hereby
27
amended
to
read
as
follows:
28
39
-
5804.
METHODS
OF
HAZARDOUS
WASTE
MANAGEMENT.
The
department
and
29
the
committee
in
the
conduct
of
their
its
duties
under
the
provisions
of
this
30
chapter
and
under
the
provisions
of
chapter
44,
title
39,
Idaho
Code,
shall
31
assist
in
encouraging,
developing
and
implementing
methods
of
hazardous
32
waste
management
which
are
environmentally
sound,
which
maximize
the
uti
-
33
lization
of
valuable
resources
and
which
encourage
resource
conservation
34
including
source
separation
and
waste
reduction.
35
SECTION
4.
That
Section
39
-
5805
,
Idaho
Code,
be,
and
the
same
is
hereby
36
repealed.
37
SECTION
5.
That
Section
39
-
5806
,
Idaho
Code,
be,
and
the
same
is
hereby
38
repealed.
39
SECTION
6.
That
Section
39
-
5807
,
Idaho
Code,
be,
and
the
same
is
hereby
40
repealed.
41
SECTION
7.
That
Section
39
-
5809
,
Idaho
Code,
be,
and
the
same
is
hereby
42
repealed.
43
3
SECTION
8.
That
Section
39
-
5810,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
39
-
5810.
LICENSES
-
-
ISSUANCE
AFTER
ADOPTION
OF
PLAN
.
After
the
plan
3
has
been
adopted
by
the
committee,
the
The
director
shall
not
issue
a
license
4
under
the
provisions
of
this
chapter
for
a
hazardous
waste
treatment,
stor
-
5
age
or
disposal
facility
until
the
director
has
made
a
determination
that
6
the
action
is
consistent
with
the
adopted
hazardous
waste
management
plan.
7
The
director
may
exempt
classes
or
categories
of
hazardous
waste
treatment,
8
storage
or
disposal
facilities
from
complying
with
the
hazardous
waste
man
-
9
agement
plan
if
the
exemption
is
in
the
public
interest
and
consistent
with
10
state
and
federal
law.
If
the
director
exempts
classes
or
categories
of
haz
-
1
1
ardous
waste
treatment,
storage
or
disposal
facilities
from
complying
with
12
the
hazardous
waste
management
plan,
rules
and
regulations
shall
be
promul
-
13
gated
in
compliance
with
chapter
52,
title
67,
Idaho
Code,
specifically
in
-
14
dicating
the
exemption.
15
SECTION
9.
That
Chapter
66,
Title
39,
Idaho
Code,
be,
and
the
same
is
16
hereby
repealed.
17
SECTION
10.
An
emergency
existing
therefor,
which
emergency
is
hereby
18
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
19
July
1,
2026.
20