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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.
714
BY
ENVIRONMENT,
ENERGY
AND
TECHNOLOGY
COMMITTEE
AN
ACT
1
RELATING
TO
HAZARDOUS
WASTE;
REPEALING
CHAPTER
58,
TITLE
39,
IDAHO
CODE,
2
RELATING
TO
HAZARDOUS
WASTE
FACILITY
SITING;
AMENDING
SECTION
39
-
4402,
3
IDAHO
CODE,
TO
PROVIDE
LEGISLATIVE
INTENT
AND
TO
MAKE
TECHNICAL
COR
-
4
RECTIONS;
AMENDING
SECTION
39
-
4403,
IDAHO
CODE,
TO
REVISE
DEFINITIONS
5
AND
TO
DEFINE
TERMS;
AMENDING
SECTION
39
-
4406,
IDAHO
CODE,
TO
REVISE
6
PROVISIONS
REGARDING
THE
POWERS
AND
DUTIES
OF
THE
DIRECTOR
OF
THE
DE
-
7
PARTMENT
OF
ENVIRONMENTAL
QUALITY;
AMENDING
SECTION
39
-
4408,
IDAHO
8
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
UNAUTHORIZED
TREATMENT,
STOR
-
9
AGE,
RELEASE,
USE,
OR
DISPOSAL
OF
HAZARDOUS
WASTE;
AMENDING
SECTION
10
39
-
4409,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
PERMIT
RE
-
1
1
QUIRED
FOR
HAZARDOUS
WASTE
TREATMENT,
STORAGE,
OR
DISPOSAL
FACILITIES;
12
AMENDING
SECTION
39
-
4411,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
13
RECORDS,
REPORTING,
AND
MONITORING;
AMENDING
SECTION
39
-
4412,
IDAHO
14
CODE,
TO
REVISE
PROVISIONS
REGARDING
INSPECTIONS
AND
RIGHT
OF
ENTRY;
15
AMENDING
CHAPTER
44,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
16
SECTION
39
-
4433,
IDAHO
CODE,
TO
REQUIRE
SITING
LICENSES
AND
TO
PROVIDE
17
EXEMPTIONS;
AMENDING
CHAPTER
44,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
18
OF
A
NEW
SECTION
39
-
4434,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
19
THE
SITING
LICENSE
APPLICATION
AND
FEE;
AMENDING
CHAPTER
44,
TITLE
39,
20
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
4435,
IDAHO
CODE,
TO
ES
-
21
TABLISH
MINIMUM
SITING
CRITERIA
FOR
HAZARDOUS
WASTE
FACILITIES;
AMEND
-
22
ING
CHAPTER
44,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
23
39
-
4436,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
THE
DUTIES
OF
24
THE
DIRECTOR
OF
THE
DEPARTMENT
OF
ENVIRONMENTAL
QUALITY
UPON
RECEIPT
OF
25
AN
APPLICATION;
AMENDING
CHAPTER
44,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDI
-
26
TION
OF
A
NEW
SECTION
39
-
4437,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
ESTABLISH
-
27
MENT
AND
ORGANIZATION
OF
SITE
REVIEW
PANELS;
AMENDING
CHAPTER
44,
TITLE
28
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
4438,
IDAHO
CODE,
29
TO
ESTABLISH
PROVISIONS
REGARDING
THE
DUTIES
OF
A
SITE
REVIEW
PANEL;
30
AMENDING
CHAPTER
44,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SEC
-
31
TION
39
-
4439,
IDAHO
CODE,
TO
PROHIBIT
LOCAL
RESTRICTIONS
ON
HAZARDOUS
32
WASTE
FACILITIES;
AMENDING
CHAPTER
44,
TITLE
39,
IDAHO
CODE,
BY
THE
33
ADDITION
OF
A
NEW
SECTION
39
-
4440,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
34
REGARDING
THE
CERTIFICATION
OF
A
CITY,
COUNTY,
OR
HEALTH
DISTRICT;
35
AMENDING
CHAPTER
44,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SEC
-
36
TION
39
-
4441,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
THE
REMEDY
37
FOR
DEVALUATION
OF
PROPERTY
CAUSED
BY
AN
APPROVED
FACILITY;
AMENDING
38
SECTION
39
-
7402A,
IDAHO
CODE,
TO
REVISE
A
PROVISION
REGARDING
EXCLUDED
39
FACILITIES;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
40
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
41
SECTION
1.
That
Chapter
58,
Title
39,
Idaho
Code,
be,
and
the
same
is
42
hereby
repealed.
43
2
SECTION
2.
That
Section
39
-
4402,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
39
-
4402.
LEGISLATIVE
FINDINGS
AND
,
PURPOSES
,
AND
INTENT
.
(1)
The
leg
-
3
islature
of
the
State
of
Idaho
finds:
4
(a)
That
continuing
technological
progress,
increases
in
manufactur
-
5
ing,
and
the
abatement
of
air
and
water
pollution
have
resulted
in
ever
-
6
increasing
quantities
of
hazardous
waste;
7
(b)
That
the
public
health
and
safety,
and
the
environment,
are
threat
-
8
ened
when
hazardous
wastes
are
not
managed
in
an
environmentally
sound
9
manner;
10
(c)
That
the
knowledge
and
technology
necessary
for
alleviating
ad
-
1
1
verse
health,
environmental
,
and
aesthetic
impacts
resulting
from
12
current
hazardous
waste
management
and
disposal
practices
are
gener
-
13
ally
available;
and
,
14
(d)
That
the
problem
of
proper
management
of
hazardous
waste
has
become
15
a
matter
of
great
statewide
concern.
16
(2)
Therefore,
it
is
hereby
declared
that
the
purposes
of
this
act
17
chapter
are:
18
(a)
To
protect
the
public
health
and
safety,
the
health
of
living
organ
-
19
isms,
and
the
environment
from
the
effects
of
the
improper,
inadequate,
20
or
unsound
management
of
hazardous
waste;
21
(b)
To
establish
a
program
to
track
and
control
hazardous
wastes
from
22
the
time
they
are
generated
through
transportation,
treatment,
stor
-
23
age,
and
disposal;
and
,
24
(c)
To
assure
the
safe
and
adequate
management
of
hazardous
wastes
25
within
this
state.
26
(3)
It
is
the
intent
of
the
legislature
that
the
site
licensing
process
27
provided
for
by
this
chapter
not
duplicate
processes
otherwise
provided
for
28
by
state
or
federal
law.
The
site
licensing
procedure
provided
by
sections
29
39
-
4433
through
39
-
4441,
Idaho
Code,
is
intended
to
be
a
preliminary,
gen
-
30
eral
review
that
does
not
include
the
type
of
specific,
detailed
technical
31
information
required
for
the
hazardous
waste
management
act
permit
process
32
provided
for
by
section
39
-
4409,
Idaho
Code.
33
SECTION
3.
That
Section
39
-
4403,
Idaho
Code,
be,
and
the
same
is
hereby
34
amended
to
read
as
follows:
35
39
-
4403.
DEFINITIONS.
As
used
in
this
chapter:
36
(1)
"Board"
means
the
Idaho
board
of
environmental
quality.
37
(2)
"Commercial
hazardous
waste
facility
or
site"
means
any
haz
-
38
ardous
waste
facility
whose
primary
business
is
the
treatment,
storage
,
or
39
disposal,
for
a
fee
or
other
consideration,
of
hazardous
waste
generated
40
offsite
by
generators
other
than
the
owner
and
operator
of
the
facility.
41
(3)
"Department"
means
the
Idaho
department
of
environmental
quality.
42
(4)
"Designated
facility"
means
a
hazardous
waste
treatment,
storage,
43
or
disposal
facility
that
has
received
a
permit,
has
interim
status
under,
or
44
is
otherwise
permitted
pursuant
to
42
U.S.C.
6901
et
seq.
45
(4)
(5)
"Director"
means
the
director
of
the
Idaho
department
of
envi
-
46
ronmental
quality
or
the
director's
authorized
agent.
47
3
(5)
(6)
"Disposal"
means
the
discharge,
deposit,
injection,
dumping,
1
spilling,
leaking
,
or
placing
of
any
hazardous
waste
into
or
on
any
land
or
2
water
so
that
such
hazardous
waste
or
any
constituent
thereof
may
enter
the
3
environment
or
be
emitted
into
the
air
or
discharged
into
any
waters,
includ
-
4
ing
ground
waters.
5
(7)
"Disposal
facility"
means
a
facility
or
a
part
thereof
where
the
6
disposal
of
hazardous
waste
will
remain
after
closure
of
the
facility.
7
(6)
(8)
"Gate
ton"
means
the
weight,
in
tons
(2,000
pounds/ton),
of
8
waste
material
received
at
a
facility.
This
weight
does
not
include
any
9
subsequent
changes
to
the
weight
resulting
from
the
management
of
the
waste
10
by
the
facility.
1
1
(7)
(9)
"Generator"
means
any
person
,
who
,
by
virtue
of
ownership,
man
-
12
agement,
or
control,
is
responsible
for
causing
or
allowing
to
be
caused
the
13
creation
of
a
hazardous
waste.
14
(8)
(10)
"Hazardous
waste"
means
a
waste
or
combination
of
wastes
of
a
15
solid,
liquid,
semisolid,
or
contained
gaseous
form
which,
because
of
its
16
quantity,
concentration
or
characteristics
(physical,
chemical
or
biologi
-
17
cal)
may:
18
(a)
Cause
or
significantly
contribute
to
an
increase
in
deaths
or
an
19
increase
in
serious,
irreversible
or
incapacitating
reversible
ill
-
20
nesses;
or
21
(b)
Pose
a
substantial
threat
to
human
health
or
to
the
environment
22
if
improperly
treated,
stored,
disposed
of,
or
managed.
Such
wastes
23
include,
but
are
not
limited
to,
materials
which
are
toxic,
corrosive,
24
ignitible
ignitable
,
or
reactive,
or
materials
which
may
have
muta
-
25
genic,
teratogenic,
or
carcinogenic
properties
but
do
not
include
solid
26
or
dissolved
material
in
domestic
sewage,
or
solid
or
dissolved
materi
-
27
als
in
irrigation
return
flows
or
industrial
discharges
which
are
point
28
sources
subject
to
national
pollution
discharge
elimination
system
29
permits
under
the
federal
water
pollution
control
act,
as
amended,
33
30
U.S.C.,
section
1251
et
seq.,
or
source,
special
nuclear,
or
byproduct
31
material
as
defined
by
the
atomic
energy
act
of
1954,
as
amended,
42
32
U.S.C.,
section
2011
et
seq.
33
(9)
(11)
"Hazardous
waste
management"
means
the
systematic
control
of
34
the
collection,
source
separation,
storage,
treatment,
transportation,
35
processing,
and
disposal
of
hazardous
wastes.
36
(10)
(12)
"Hazardous
waste
facility
or
site"
means
any
property,
struc
-
37
ture,
or
ancillary
equipment
intended
or
used
for
the
transportation,
treat
-
38
ment,
storage
,
or
disposal
of
hazardous
wastes.
39
(11)
(13)
"Injection"
means
the
subsurface
emplacement
of
free
liquids.
40
(14)
"Major
modification"
means
any
material
and
substantial
alter
-
41
ation,
expansion,
or
addition
to
the
facility
or
an
activity
conducted
at
a
42
facility
after
a
siting
license
has
been
issued
that
warrants
an
application
43
to
be
submitted
to
the
department
to
determine
whether
the
license's
condi
-
44
tions
need
to
be
amended.
The
term
may
be
further
defined
by
rule,
subject
to
45
legislative
approval.
46
(12)
(15)
"Manifest"
means
a
form
used
for
identifying
the
quantity,
47
composition,
origin,
routing,
waste
identification
code(s),
and
des
-
48
tination
of
hazardous
waste
during
any
transportation
from
the
point
of
49
generation
to
the
point
of
treatment,
storage
,
or
disposal.
50
4
(13)
(16)
"Manifested
waste"
means
waste
which
at
the
point
of
origin
or
1
generation
is
required
to
be
manifested
for
transportation
in
a
manner
simi
-
2
lar
to
that
of
the
federal
uniform
hazardous
waste
manifest
or
by
other
man
-
3
ifest
requirements
designed
to
assure
proper
treatment,
storage
,
and
dis
-
4
posal
of
such
waste.
5
(17)
"On
-
site"
means
on
the
same
or
geographically
contiguous
property
6
that
may
be
divided
by
a
public
or
private
right
-
of
-
way
if
the
entrance
and
7
exit
between
the
pieces
of
property
are
at
a
crossroads
intersection
and
ac
-
8
cess
is
by
crossing
rather
than
going
along
the
right
-
of
-
way.
Noncontiguous
9
pieces
of
property
owned
by
the
same
person
but
connected
by
a
right
-
of
-
way
10
that
the
owner
controls
and
to
which
the
public
does
not
have
access
shall
be
1
1
considered
on
-
site
property.
12
(18)
"Operator"
means
the
person
responsible
for
the
overall
operation
13
of
a
hazardous
waste
facility
authorized
to
operate
pursuant
to
this
chap
-
14
ter.
15
(19)
"Panel"
means
a
site
review
panel
established
pursuant
to
section
16
39
-
4437,
Idaho
Code.
17
(14)
(20)
"PCB
waste"
means
any
waste
or
waste
item
which
is
not
included
18
in
the
definition
of
"hazardous
waste"
and
which
is
contaminated
with
poly
-
19
chlorinated
biphenyls.
20
(15)
(21)
"Person"
means
any
individual,
association,
partnership,
21
firm,
joint
stock
company,
trust,
estate,
political
subdivision,
public
or
22
private
corporation,
state
or
federal
governmental
department,
agency,
or
23
instrumentality,
or
any
other
legal
entity
which
is
recognized
by
law
as
the
24
subject
of
rights
and
duties.
25
(16)
(22)
"RCRA"
means
the
resource
conservation
and
recovery
act
of
26
1976
as
amended
from
time
to
time.
27
(17)
(23)
"Restricted
hazardous
waste"
means
a
waste
or
combination
of
28
wastes
regulated
as
land
disposal
restricted
pursuant
to
federal
statutes
29
and
regulations,
including
40
CFR
part
268.
Restricted
hazardous
waste
also
30
includes
byproduct,
source,
special
nuclear
materials
or
devices
or
equip
-
31
ment,
except
as
provided
below,
utilizing
such
materials
regulated
under
the
32
federal
atomic
energy
act
of
1954,
as
amended.
Restricted
hazardous
waste
33
shall
not
include
radiologically
contaminated
waste
materials
from
"For
-
34
merly
Utilized
Sites
Remedial
Action
Program
(FUSRAP)"
sites
administered
35
by
the
United
States
army
corps
of
engineers
or
materials
that
have
been
ex
-
36
empted
or
released
from
radiological
control
or
regulation
under
the
atomic
37
energy
act
of
1954,
as
amended,
to
be
disposed
of
in
a
commercial
hazardous
38
waste
facility
as
regulated
pursuant
to
the
rules,
permit
requirements
,
and
39
acceptance
criteria
provided
for
by
this
chapter.
40
(18)
(24)
"Storage"
means
the
containment
of
hazardous
wastes,
on
a
tem
-
41
porary
basis
or
for
a
period
of
years,
in
such
a
manner
as
not
to
constitute
42
disposal
of
such
hazardous
wastes
holding
of
hazardous
waste
for
a
temporary
43
period,
at
the
end
of
which
the
hazardous
waste
is
treated,
disposed
of,
or
44
stored
elsewhere
.
45
(25)
"Storage
facility"
means
a
facility
or
a
part
thereof
where
haz
-
46
ardous
waste
is
subject
to
storage.
47
(19)
(26)
"Transportation"
means
the
movement
of
any
hazardous
waste
to
48
or
from
a
hazardous
waste
facility
or
site
from
a
hazardous
waste
facility
or
49
site
by
air,
rail,
highway,
or
water
.
50
5
(20)
(27)
"Transporter"
means
any
person
who
transports
a
hazardous
1
waste
to
or
from
a
hazardous
waste
facility
or
site
engaged
in
the
off
-
site
2
transportation
of
hazardous
waste
.
3
(21)
(28)
"Treatment"
means
any
method,
technique,
or
process,
includ
-
4
ing
neutralization,
which
is
designed
not
to
be
an
integral
part
of
a
produc
-
5
tion
process,
but
which
is
rather
designed
to
change
the
physical,
chemical,
6
or
biological
character
or
composition
of
any
hazardous
waste
prior
to
stor
-
7
age
or
final
disposal
so
as
to
:
8
(a)
neutralize
Neutralize
such
waste
or
so
as
to
render
;
9
(b)
Render
such
waste
:
10
(i)
nonhazardous
Nonhazardous
or
less
hazardous;
1
1
(ii)
safer
Safer
to
transport,
store,
or
dispose
of;
or
12
(iii)
amenable
for
recovery,
amenable
for
storage
or
reduced
in
13
volume.
Such
term
includes
any
activity
or
processing
designed
14
to
change
the
physical
form
or
chemical
composition
of
hazardous
15
waste
so
as
to
render
it
nonhazardous.
Amenable
for
recovery
or
16
storage;
17
(c)
Reduce
such
waste
in
volume;
or
18
(d)
Recover
energy
or
material
resources
from
such
waste.
19
(22)
(29)
"Waste"
means
any
solid,
semisolid,
liquid
,
or
contained
20
gaseous
material
for
which
no
reasonable
use
or
reuse
is
intended
or
which
is
21
intended
to
be
discarded.
22
SECTION
4.
That
Section
39
-
4406,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
39
-
4406.
GENERAL
POWERS
AND
DUTIES
OF
DIRECTOR.
The
director:
25
(1)
Shall
take
all
actions
not
inconsistent
with
this
chapter
as
are
26
necessary
and
feasible
to
enable
the
department
to
assume
and
continue
pri
-
27
macy
over
hazardous
waste
management,
pursuant
to
RCRA;
28
(2)
May
conduct
and
publish
studies
of
hazardous
waste
management
in
29
this
state;
and
30
(3)
Shall
develop,
publish,
and
revise
as
necessary
a
plan
for
the
safe
31
and
effective
management
of
hazardous
wastes
within
this
state.
Such
a
plan
32
may
identify
those
locations
in
the
state
which
are
not
suitable
for
the
es
-
33
tablishment
of
hazardous
waste
treatment
or
disposal
facilities
or
sites;
34
(4)
(3)
Shall
exercise
all
powers
and
discharge
all
duties
expressed
in
35
or
implied
from
the
other
sections
of
this
chapter.
36
SECTION
5.
That
Section
39
-
4408,
Idaho
Code,
be,
and
the
same
is
hereby
37
amended
to
read
as
follows:
38
39
-
4408.
UNAUTHORIZED
TREATMENT,
STORAGE,
RELEASE,
USE
OR
DISPOSAL
39
OF
HAZARDOUS
WASTE
PROHIBITED.
(1)
No
person
shall
treat
or
store
hazardous
40
waste,
nor
shall
any
person
discharge,
incinerate,
release,
spill,
place,
41
or
dispose
any
hazardous
waste
in
such
a
manner
that
the
waste,
or
any
con
-
42
stituent
thereof,
may
enter
the
environment,
unless
the
department
has
43
issued
said
person
a
permit
or
a
variance
as
required
for
the
specific
activ
-
44
ity
involved
or
exempted
the
activity
from
permit
requirements.
45
(2)
Effective
six
(6)
months
after
the
effective
date
of
this
provi
-
46
sion,
nonhazardous
Nonhazardous
liquids
shall
not
be
disposed
of
in
a
land
-
47
6
fill
for
which
a
permit
is
required
under
section
39
-
4409,
Idaho
Code,
or
1
which
is
operating
pursuant
to
interim
status
granted
under
section
3005(c)
2
of
RCRA,
unless
the
owner
or
operator
of
the
landfill
demonstrates
to
the
di
-
3
rector
that:
4
(a)
The
only
reasonable
alternative
is
placement
in
a
landfill
or
5
unlined
surface
impoundment
which
contains
or
may
contain
hazardous
6
waste;
and
7
(b)
Placement
in
the
owner
or
operator's
landfill
will
not
present
a
8
risk
of
contamination
of
any
existing
or
potential
underground
source
9
of
drinking
water.
10
(3)
Waste
or
used
oil
or
other
material
which
is
contaminated
or
mixed
1
1
with
any
hazardous
waste,
other
than
wastes
identified
solely
on
the
basis
of
12
ignitibility,
shall
not
be
used
for
dust
suppression
or
road
treatment.
13
(4)
The
board
shall
have
authority
to
prohibit:
14
(a)
Land
disposal
of
any
hazardous
waste;
and
15
(b)
Storage
of
any
hazardous
waste
prohibited
from
land
disposal,
un
-
16
less
such
storage
is
solely
for
the
purpose
of
the
accumulation
of
such
17
quantities
of
hazardous
waste
as
are
necessary
to
facilitate
proper
re
-
18
covery,
treatment
or
disposal.
19
SECTION
6.
That
Section
39
-
4409,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
39
-
4409.
PERMIT
REQUIREMENTS
FOR
HAZARDOUS
WASTE
TREATMENT,
STORAGE,
22
OR
DISPOSAL
FACILITIES.
(1)
No
person
shall
construct,
operate,
or
modify
a
23
hazardous
waste
treatment,
storage,
or
disposal
facility
or
site
without
a
24
permit
from
the
department.
The
owner
or
operator
of
the
facility
or
site
25
rather
than
the
builder
shall
be
responsible
for
obtaining
the
permit.
Per
-
26
mits
may
contain
such
conditions
necessary
to
protect
human
health
and
en
-
27
vironment.
The
board
may
exempt
classes
or
categories
of
hazardous
waste
28
treatment,
storage,
or
disposal
facilities
from
the
permit
requirement
if
29
the
exemption
is
in
the
public
interest
and
consistent
with
RCRA
require
-
30
ments.
The
fact
that
a
class
or
category
of
such
facilities
is
not
required
31
to
obtain
a
federal
permit
shall
be
persuasive
evidence
that
an
exemption
is
32
in
the
public
interest.
33
(2)
Interim
status
granted
by
RCRA
or
a
permit
issued
by
the
United
34
States
environmental
protection
agency
prior
to
the
date
that
the
state
pro
-
35
gram
is
authorized
by
the
administrator
of
that
agency
shall
be
adopted
by
36
the
department
as
a
state
granted
interim
status
or
as
a
state
granted
permit
37
until
the
department
issues
a
new
state
permit.
The
board
may
adopt
such
38
rules
and
regulations
as
necessary
to:
39
(a)
Allow
other
facilities
to
qualify
for
interim
status;
40
(b)
Require
existing
interim
status
surface
impoundments,
new
units,
41
replacement
of
existing
units
and
lateral
expansions
of
existing
in
-
42
terim
status
facilities
to
comply
with
all
regulations
which
apply
to
43
new
facilities;
and
44
(c)
Provide
for
the
termination
of
interim
status.
45
(3)
The
board
shall
promulgate
rules
and
regulations
establishing
the
46
terms
and
conditions
for
issuing
permits
to
the
described
facilities
and
47
sites.
The
rules
and
regulations
shall
provide
for,
but
not
be
limited
to:
48
7
(a)
Standards
and
procedures
for
the
safe
operation
and
maintenance
of
1
the
facilities
and
sites;
2
(b)
Education
and
training
qualifications
of
personnel
at
the
facili
-
3
ties
and
sites;
4
(c)
Contractual
commitment
or
consent
to
each
facility
or
site
from
all
5
holders
of
interests
in
the
real
property
committed
to
that
facility
or
6
site;
7
(d)
Monetary
assurances
in
such
form
and
amount
as
are
necessary
for
ef
-
8
fective
management,
maintenance,
and
monitoring
of
the
facilities
and
9
sites
during
and
after
operation;
10
(e)
Evidence
of
financial
responsibility
for
corrective
action
on
-
site
1
1
and
off
-
site;
12
(f)
Liability
insurance
in
such
form
and
amount
as
is
necessary
to
com
-
13
pensate
for
potential
damages
caused
by
the
facilities
and
sites;
pro
-
14
vided,
that
liability
insurance
shall
not
be
required
in
the
event
that
15
liability
insurance
is
not
required
by
the
federal
regulations
adopted
16
pursuant
to
the
RCRA;
17
(g)
Emergency
equipment
and
emergency
response
plans
appropriate
to
18
the
facilities
and
sites;
19
(h)
Public
participation
in
the
permitting
process
consistent
with
42
20
U.S.C.
section
6974(b).
21
(4)
Permits
shall
be
issued
for
a
period
not
to
exceed
ten
(10)
years
or
22
the
maximum
period
allowed
under
RCRA,
whichever
is
greater.
However,
per
-
23
mits
may
be
reviewed
at
least
every
five
(5)
years
and
modified
as
necessary
24
to
take
into
account
changes
in
this
chapter
or
regulations
promulgated
pur
-
25
suant
to
it
thereto
and
improvements
in
technology.
Permits
issued
to
haz
-
26
ardous
waste
facilities
and
sites
by
the
department
prior
to
the
effective
27
date
of
this
chapter
shall
be
reissued
to
conform
with
the
provisions
of
this
28
chapter
and
the
rules
and
regulations
promulgated
under
this
chapter.
29
(5)
Any
permit
issued
after
the
effective
date
of
this
provision
30
pursuant
to
this
chapter
shall
require
corrective
action
to
be
taken
on
-
site
31
and
off
-
site
for
all
releases
of
hazardous
waste
or
constituents,
from
any
32
solid
waste
management
unit
at
the
treatment,
storage,
or
disposal
facility
33
seeking
the
permit,
regardless
of
the
time
when
the
waste
was
placed
in
such
34
unit.
Permits
issued
from
November
8,
1985,
until
the
effective
date
of
this
35
provision
shall
be
reissued
to
conform
with
this
provision.
36
(6)
Any
permit
issued
under
pursuant
to
this
section
may
be
revoked
by
37
the
director
pursuant
to
the
provisions
of
section
39
-
4413,
Idaho
Code,
if
38
the
permitted
party
fails
to
comply
with
the
terms
and
conditions
of
the
per
-
39
mit,
this
chapter,
or
the
rules
and
regulations
promulgated
under
this
chap
-
40
ter
pursuant
thereto
.
41
(7)
The
department
may
issue
a
variance
from
the
requirements
of
the
42
rules
and
regulations
promulgated
under
this
section,
if,
in
the
judgment
43
of
the
director,
application
of
the
requirements
would
cause
unreasonable
44
hardship
and
the
granting
of
a
variance
would
not
be
harmful
to
the
public
in
-
45
terest
or
inconsistent
with
RCRA
requirements.
A
variance
shall
not
exceed
46
one
(1)
year
three
(3)
years
in
duration
and
may
be
renewed
or
extended
only
47
after
the
department
provides
public
notice
and
an
opportunity
for
public
48
comment.
49
8
(8)(a)
The
director
of
the
department
may
issue
a
research,
develop
-
1
ment
,
and
demonstration
permit
for
any
hazardous
waste
treatment
tech
-
2
nology
or
process
for
which
permit
standards
for
such
experimental
ac
-
3
tivity
have
not
been
promulgated.
Any
such
permit
shall
include
such
4
terms
and
conditions
as
will
assure
ensure
protection
of
human
health
5
and
the
environment.
Such
permits
shall:
6
1.
Provide
for
the
construction
of
such
facilities,
as
necessary,
7
and
for
operation
of
the
facility
for
not
longer
than
one
(1)
year
8
(unless
renewed
as
provided
below);
and
9
2.
Provide
for
the
receipt
and
treatment
by
the
facility
of
only
10
those
types
and
quantities
of
hazardous
waste
which
the
director
1
1
deems
necessary
for
purposes
of
determining
the
efficiency
and
12
performance
capabilities
of
the
technology
or
process
and
the
13
effects
of
such
technology
or
process
on
human
health
and
the
en
-
14
vironment;
and
15
3.
Include
such
requirements
as
the
director
deems
necessary
to
16
protect
human
health
and
the
environment
(including,
but
not
lim
-
17
ited
to,
requirements
regarding
monitoring,
operation,
insurance
18
or
bonding,
financial
responsibility,
closure,
and
remedial
ac
-
19
tion);
and
20
4.
Include
such
requirements
as
the
director
deems
necessary
re
-
21
garding
testing
and
providing
of
information
to
the
director
with
22
respect
to
the
operation
of
the
facility.
23
(b)
The
director
may
apply
the
criteria
set
forth
in
paragraph
(a)
of
24
this
subsection
in
establishing
the
conditions
of
each
permit
without
25
separate
establishment
of
regulations
implementing
such
criteria.
26
(c)
For
the
purpose
of
expediting
review
and
issuance
of
permits
un
-
27
der
this
subsection,
the
director
may,
consistent
with
the
protection
28
of
human
health
and
the
environment,
modify
or
waive
permit
application
29
and
permit
issuance
requirements
established
in
the
general
permit
reg
-
30
ulations
except
that
there
may
be
no
modification
or
waiver
of
regula
-
31
tions
regarding
financial
responsibility
(including
insurance)
or
of
32
applicable
public
participation
procedures.
33
(d)
The
director
may
renew
a
research,
development
and
demonstration
34
permit
which
has
been
issued
pursuant
to
this
subsection.
The
renewal
35
term
shall
be
no
longer
than
one
(1)
year.
A
permit
shall
not
be
renewed
36
more
than
three
(3)
times.
37
SECTION
7.
That
Section
39
-
4411,
Idaho
Code,
be,
and
the
same
is
hereby
38
amended
to
read
as
follows:
39
39
-
4411.
RECORDS
-
-
REPORTING
-
-
MONITORING.
(1)
Pursuant
to
the
pro
-
40
visions
of
section
39
-
4405,
Idaho
Code,
the
board
shall
adopt,
and
amend
as
41
necessary,
such
rules
relating
to
records,
reporting,
and
monitoring
as
may
42
be
needed
to
achieve
the
purposes
of
this
chapter.
These
rules
may
include,
43
but
shall
not
be
limited
to,
prescribing
procedures
and
requirements
for:
44
(a)
The
establishment,
maintenance,
and
format
of
records
and
reports;
45
(b)
The
submittal
of
records
and
reports;
46
(c)
The
taking
of
samples
and
the
performing
of
tests
and
of
analyses;
47
(d)
The
use
of
approved
monitoring
methods
and
techniques;
48
9
(e)
The
installation,
calibration,
use,
and
maintenance
of
monitoring
1
equipment;
and
2
(f)
The
provision
of
relevant
information
to
the
department.
3
(2)
Sixty
(60)
days
after
promulgation
of
the
criteria
and
lists
spec
-
4
ified
under
section
39
-
4407,
Idaho
Code,
and
the
rules
required
under
sec
-
5
tion
39
-
4405,
Idaho
Code,
and
subsection
(1)
of
this
section,
the
genera
-
6
tion,
transportation,
treatment,
storage,
or
disposal
of
a
hazardous
waste
7
in
this
state
by
any
person
without
reporting
such
activity
to
the
department
8
as
required
by
the
rules
issued
pursuant
to
subsection
(1)
of
this
section
9
shall
be
unlawful.
10
(3)
Information
obtained
by
the
department
or
by
agents,
contractors,
1
1
or
other
representatives
of
the
department,
under
any
provisions
of
this
12
chapter,
shall
be
subject
to
disclosure
according
to
chapter
1,
title
74,
13
Idaho
Code.
14
(4)
Effective
January
1,
1996,
each
Each
generator
shall,
at
the
dis
-
15
cretion
of
the
director,
no
later
than
thirty
(30)
days
after
the
end
January
16
31
of
each
calendar
year
,
submit
a
written
annual
report
to
the
department
17
including
the
following
information:
18
(a)
The
types
and
quantities
of
hazardous
wastes
generated;
19
(b)
The
types
and
quantities
of
such
wastes
shipped
for
treatment
and
20
disposal
by
landfilling
or
other
means
of
disposal;
21
(c)
The
types
and
quantities
of
such
wastes
remaining
in
storage
at
the
22
end
of
the
reporting
period;
23
(d)
Whether
such
wastes
are
destined
for
disposal
or
treatment
in
this
24
state
or
whether
such
wastes
are
destined
for
disposal
or
treatment
out
-
25
side
this
state.
26
(5)
Effective
January
1,
1996,
the
The
operator
of
each
commercial
27
hazardous
waste
disposal
facility
or
site
in
the
state
shall,
no
later
than
28
thirty
(30)
days
after
the
end
January
31
of
each
calendar
year,
submit
a
29
written
annual
report
to
the
department
providing
information
on
the
types
30
and
quantities
of
wastes
received
which
were
generated
in
Idaho,
and
infor
-
31
mation
on
the
types
and
quantities
of
wastes
received
which
were
generated
32
in
other
states.
33
(6)
Prior
to
March
1
of
each
year
the
department
shall
submit
a
report
to
34
the
governor
and
the
legislature
detailing
:
35
(a)
the
The
types
and
quantities
of
hazardous
wastes
generated
in
this
36
state
,
the
;
37
(b)
The
types
and
quantities
of
such
wastes
shipped
for
treatment
and
38
disposal
by
landfilling
or
other
means
of
disposal
,
the
;
39
(c)
The
types
and
quantities
of
such
wastes
remaining
in
storage
at
the
40
end
of
the
most
recent
reporting
period
;
and
41
(d)
the
The
types
and
quantities
of
hazardous
waste
generated
outside
42
this
state
and
shipped
into
this
state
for
storage
or
disposal.
43
SECTION
8.
That
Section
39
-
4412,
Idaho
Code,
be,
and
the
same
is
hereby
44
amended
to
read
as
follows:
45
39
-
4412.
INSPECTIONS
-
-
RIGHT
OF
ENTRY.
(1)
All
inspections
and
46
searches
conducted
under
the
authority
of
this
chapter
shall
be
performed
in
47
conformity
with
the
prohibitions
against
unreasonable
searches
and
seizures
48
contained
in
the
fourth
amendment
to
the
constitution
of
the
United
States
49
10
and
article
I,
section
17,
of
the
constitution
of
the
state
of
Idaho.
The
1
state
shall
not,
under
the
authority
granted
by
this
chapter,
conduct
war
-
2
rantless
administrative
searches
of
private
property
in
the
absence
of
3
either
consent
from
the
property
owner
or
occupier
or
exigent
circumstances
4
such
as
a
public
health
or
environmental
emergency.
5
(2)
For
the
purposes
of
developing
or
enforcing
any
provision
of
this
6
chapter
or
any
rule
or
regulation
authorized
by
this
chapter,
any
duly
autho
-
7
rized
state
employee
or
representative
may,
upon
presentation
of
appropri
-
8
ate
credentials
state
identification
,
at
any
reasonable
time:
9
(a)
Enter
upon
any
private
or
public
property
where
hazardous
wastes
10
are
or
have
been
generated,
transported,
treated,
stored,
or
disposed
1
1
of
to
inspect
and
to
secure
samples
of
such
wastes,
their
containers,
12
and
their
labels;
13
(b)
Enter
into
any
aircraft,
vehicle,
vessel,
rail
car,
trailer,
van,
14
or
other
means
of
conveyance
where
hazardous
wastes
are
or
have
been
15
contained
to
inspect
and
to
secure
samples
of
such
wastes,
their
con
-
16
tainers,
and
their
labels;
17
(c)
Enter
any
private
or
public
property,
or
means
of
conveyance,
where
18
records,
reports,
information
,
or
test
results
relating
to
the
gener
-
19
ation,
transportation,
treatment,
storage,
or
disposal
of
hazardous
20
wastes
exist
to
inspect
and
copy
such
documents.
21
(3)
Upon
request
by
an
authorized
agent
of
a
property
owner
or
facil
-
22
ity
operator,
the
department
shall
provide
the
property
owner
or
facility
23
operator
with
a
receipt
for
samples
taken
and
a
copy
of
sample
analysis.
Du
-
24
plicate
samples
shall
similarly
be
provided
upon
request
if
the
requesting
25
party
agrees
to
have
the
samples
analyzed
and
to
share
the
results
of
the
26
analysis
with
the
department.
27
(4)
The
right
of
entry
of
a
duly
authorized
state
employee
or
represen
-
28
tative
shall
not
be
subject
to
the
waiver
of
any
potential
tort
liability
of
29
the
facility
owner
or
operator.
The
right
of
entry
of
a
duly
authorized
state
30
or
health
district
employee
shall
not
be
subject
to
any
confidentiality
re
-
31
quirements
other
than
those
specified
in
section
39
-
4411(3),
Idaho
Code,
and
32
chapter
1,
title
74,
Idaho
Code.
The
right
of
entry
of
a
private
contrac
-
33
tor
working
in
a
representative
capacity
for
the
department
may,
however,
34
be
made
subject
to
additional
confidentiality
requirements
so
long
as
those
35
requirements
do
not
interfere
unreasonably
with
the
development
of
informa
-
36
tion
by
the
department
or
the
transmission
of
information
from
the
contrac
-
37
tor
to
the
department
or
the
United
States
environmental
protection
agency.
38
(5)
Any
magistrate
or
district
court
judge
is
authorized
to
issue
an
ad
-
39
ministrative
search
warrant
upon
a
request
from
the
director
describing
rea
-
40
sonable
cause
for
issuance
of
the
warrant
or
the
existence
of
a
reasonable
41
program
of
inspection.
42
SECTION
9.
That
Chapter
44,
Title
39,
Idaho
Code,
be,
and
the
same
is
43
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
44
ignated
as
Section
39
-
4433,
Idaho
Code,
and
to
read
as
follows:
45
39
-
4433.
SITING
LICENSE
REQUIRED
-
-
EXEMPTIONS.
(1)
No
person
shall
46
commence
construction
of
or
undertake
any
major
modification
of
a
commercial
47
hazardous
waste
facility
or
any
on
-
site
land
disposal
facility
for
wastes
48
listed
in
section
201(d)(2)
and
(e),
as
modified
by
section
209
of
the
haz
-
49
11
ardous
and
solid
waste
amendments
of
1984,
without
a
siting
license
issued
by
1
the
director.
2
(2)
A
permit
shall
not
be
issued
pursuant
to
section
39
-
4409,
Idaho
3
Code,
unless
the
applicant
has
been
issued
a
site
license
by
the
director.
4
(3)
The
owner
or
operator
of
the
facility
or
site,
rather
than
a
con
-
5
tractor
or
other
third
-
party
agent
thereof,
shall
be
responsible
for
obtain
-
6
ing
the
siting
license.
7
(4)
Facilities
exempted
from
permitting
pursuant
to
the
provisions
of
8
section
39
-
4409,
Idaho
Code,
shall
not
require
a
license
under
the
provi
-
9
sions
of
this
chapter.
10
(5)
The
director
may
exempt
a
facility
from
the
requirement
to
obtain
a
1
1
siting
license
if
the
director
determines
that
the
exemption
is
in
the
public
12
interest
and
is
consistent
with
state
and
federal
law.
13
(6)
A
hazardous
waste
facility
that
was
in
existence
on
July
1,
1985,
14
shall
not
be
subject
to
the
provisions
of
this
chapter
unless
a
major
modifi
-
15
cation
is
being
proposed
to
such
facility.
16
SECTION
10.
That
Chapter
44,
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
-
4434,
Idaho
Code,
and
to
read
as
follows:
19
39
-
4434.
SITING
LICENSE
APPLICATION
AND
FEE.
(1)
An
application
for
a
20
siting
license
shall
include:
21
(a)
The
name
and
address
of
the
applicant;
22
(b)
The
location
or
proposed
location
of
the
hazardous
waste
facility;
23
(c)
Engineering
or
hydrogeologic
information
demonstrating
compliance
24
with
the
technical
criteria
required
by
section
39
-
4435,
Idaho
Code,
if
25
applicable;
26
(d)
A
description
of
the
types
of
activities
and
wastes
that
are
pro
-
27
posed
to
be
handled
at
the
facility;
28
(e)
Information
showing
that
harm
to
scenic,
historic,
cultural,
or
29
recreational
values
is
not
substantial
or
that
it
can
be
mitigated;
30
(f)
Information
showing
that
the
risk
and
impact
of
accident
during
31
transport
of
hazardous
waste
is
not
substantial
or
that
it
can
be
miti
-
32
gated;
33
(g)
Information
showing
that
the
impact
on
local
government
is
not
ad
-
34
verse
regarding
health,
safety,
cost,
and
consistency
with
local
plan
-
35
ning
and
existing
development
or
that
it
can
be
mitigated;
and
36
(h)
The
fee
required
by
this
section.
37
(2)
The
director
shall
establish
a
sliding
fee
scale
for
determining
38
the
requisite
siting
license
application
fee.
39
(a)
The
scale
shall
be
based
on
the
cost
to
the
department
for
reviewing
40
the
siting
license
application
and
various
site
-
specific
characteris
-
41
tics,
including
the
site
size,
projected
waste
volume,
and
hydrogeo
-
42
logic
characteristics
surrounding
the
site.
43
(b)
The
fee
shall
not
exceed
seven
thousand
five
hundred
dollars
44
($7,500).
45
(c)
Fees
received
pursuant
to
this
section
may
be
expended
by
the
direc
-
46
tor
to
pay
the
actual,
reasonable,
and
necessary
costs
incurred
by
the
47
department
in
acting
on
a
siting
license
application.
48
12
(3)
The
director
may
promulgate
rules,
subject
to
legislative
approval
1
and
in
compliance
with
chapter
52,
title
67,
Idaho
Code,
to
implement
and
ad
-
2
minister
the
provisions
of
this
section.
3
SECTION
11.
That
Chapter
44,
Title
39,
Idaho
Code,
be,
and
the
same
is
4
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
5
ignated
as
Section
39
-
4435,
Idaho
Code,
and
to
read
as
follows:
6
39
-
4435.
MINIMUM
SITING
CRITERIA
FOR
HAZARDOUS
WASTE
FACILITIES.
(1)
7
A
new
hazardous
waste
facility
shall
not
be
sited:
8
(a)
Where:
9
(i)
The
seasonal
high
depth
of
ground
water,
beneath
the
proposed
10
site,
is
less
than
one
hundred
(100)
feet
below
the
lowest
point
of
1
1
disposal.
Perched
saturated
zones
may
be
exempt
from
exclusionary
12
criteria
if
it
can
be
demonstrated
that
the
saturated
zone
has
no
13
economic
or
consumptive
usable
purpose;
14
(ii)
The
thickness
of
fine
-
grained
unconsolidated
sediments
15
above
the
water
table
is
less
than
twenty
-
five
(25)
feet;
or
16
(iii)
The
depth
to
fractured
rock
is
less
than
one
hundred
(100)
17
feet
below
the
lowest
point
of
disposal;
or
18
(b)
Within:
19
(i)
Two
thousand
five
hundred
(2,500)
feet
of
surface
water
bod
-
20
ies;
21
(ii)
One
thousand
(1,000)
feet
of
existing
public,
private,
or
ir
-
22
rigation
water
supply
wells,
unless
it
can
be
demonstrated
that
23
natural
hydrogeologic
barriers
isolate
the
site
location
from
the
24
aquifer;
25
(iii)
A
five
hundred
(500)
year
floodplain;
26
(iv)
Areas
that
are
in
close
proximity
to
active
fault
zones
or
27
other
tectonically
active
or
unstable
areas;
or
28
(v)
Areas
overlying
any
subsurface
mining.
29
(2)
A
new
hazardous
waste
disposal
or
incineration
facility
shall
not
30
be
sited
within:
31
(a)
Five
thousand
(5,000)
feet
of
any
off
-
site
residential
structure
32
that
is
routinely
occupied
at
least
eight
(8)
hours
per
day;
33
(b)
Three
(3)
miles
of
schools,
airports,
hospitals,
or
churches;
or
34
(c)
Three
(3)
miles
from
a
population
center
greater
than
one
hundred
35
fifty
(150)
people.
36
(3)
Incineration
facilities
may
not
be
located
in
a
class
I
area
desig
-
37
nated
in
accordance
with
section
162
or
164
of
the
federal
clean
air
act.
38
(4)
An
area
of
at
least
five
hundred
(500)
feet
surrounding
the
active
39
disposal
location
portion
of
the
site
shall
be
provided
as
an
inactive
buffer
40
zone.
41
SECTION
12.
That
Chapter
44,
Title
39,
Idaho
Code,
be,
and
the
same
is
42
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
43
ignated
as
Section
39
-
4436,
Idaho
Code,
and
to
read
as
follows:
44
39
-
4436.
DUTIES
OF
DIRECTOR
UPON
RECEIPT
OF
SITING
LICENSE
APPLICA
-
45
TION.
(1)
Within
forty
-
five
(45)
days
of
receiving
an
application,
the
di
-
46
rector
shall
determine
whether
the
application
is
complete
and
complies
with
47
13
the
technical
criteria
required
by
section
39
-
4435,
Idaho
Code,
if
applica
-
1
ble.
If
the
application
is
not
complete,
the
director
shall
notify
the
ap
-
2
plicant
in
writing
and
identify
the
deficiencies.
3
(2)
Once
the
director
determines
an
application
is
complete,
the
direc
-
4
tor
shall:
5
(a)
Notify
the
applicant
of
such
determination;
6
(b)
Establish
a
site
review
panel
pursuant
to
section
39
-
4437,
Idaho
7
Code;
8
(c)
Notify
the
city
and
county
in
which
the
hazardous
waste
facility
is
9
or
is
proposed
to
be
located,
the
state
fire
marshal,
the
director
of
the
10
department
of
fish
and
game,
the
director
of
the
Idaho
state
police,
the
1
1
relevant
divisions
within
the
department,
and
other
appropriate
state
12
and
federal
agencies.
The
notice
shall
describe
the
review
process
and
13
expected
schedule
based
on
the
complexity
of
the
application;
and
14
(d)
Publish
a
notice
that
an
application
has
been
received
by
the
de
-
15
partment
in
a
newspaper
of
general
circulation
in
the
county
and
immedi
-
16
ate
vicinity
of
the
hazardous
waste
facility
or
proposed
facility.
The
17
notice
shall
include:
18
(i)
A
map
indicating
the
location
or
proposed
location
of
the
haz
-
19
ardous
waste
facility;
20
(ii)
A
description
of
the
proposed
action;
21
(iii)
A
brief
description
of
the
review,
participation,
and
ap
-
22
proval
process
by
which
the
application
may
be
approved
and
a
sit
-
23
ing
license
may
be
granted;
and
24
(iv)
The
location
where
the
complete
application
package
may
be
25
reviewed.
26
(3)
Upon
official
establishment
of
the
panel,
as
provided
for
by
sec
-
27
tion
39
-
4437,
Idaho
Code,
the
director
shall:
28
(a)
Submit
such
information
as
the
panel
may
require
to
conduct
its
re
-
29
view
and
provide
its
recommendation
to
the
director;
30
(b)
Within
sixty
-
five
(65)
days,
submit
preliminary
findings
that
rec
-
31
ommend
approval
or
rejection
of
the
application
and,
if
approval
is
rec
-
32
ommended,
contain
preliminary
conditions
for
the
license
to
ensure
the
33
facility's
compliance
with
applicable
law,
which
may
be
more
stringent
34
than
such
provisions;
and
35
(c)
Make
department
staff
available
to
assist
the
panel
in
carrying
out
36
its
duties.
37
(4)
Within
thirty
(30)
days
of
receiving
the
panel's
recommendation
38
pursuant
to
section
39
-
4438,
Idaho
Code,
the
director
shall
make
a
final
39
decision
on
the
application.
The
director
shall
approve
the
application
and
40
issue
a
siting
license,
with
appropriate
conditions,
if
any,
if
the
director
41
determines
that:
42
(a)
The
technical
criteria
required
by
section
39
-
4435,
Idaho
Code,
are
43
met,
if
applicable;
44
(b)
The
harm
to
scenic,
historic,
cultural,
or
recreational
values
is
45
not
substantial
or
that
it
can
be
mitigated
by
appropriate
license
con
-
46
ditions;
47
(c)
The
risk
and
impact
of
accident
during
transportation
of
hazardous
48
waste
is
not
substantial
or
that
it
can
be
mitigated
with
appropriate
49
license
conditions;
50
14
(d)
The
impact
on
local
government
is
not
adverse
regarding
health,
1
safety,
cost,
and
consistency
with
local
planning
and
existing
devel
-
2
opment
or
that
it
can
be
mitigated
with
appropriate
license
conditions;
3
and
4
(e)
No
other
major
concerns
have
been
raised
by
the
panel
regarding
pub
-
5
lic
health
or
the
environment
that
cannot
be
mitigated
by
special
li
-
6
cense
conditions.
7
(5)
Any
person
aggrieved
by
a
decision
of
the
director
pursuant
to
this
8
chapter
may,
within
twenty
-
eight
(28)
days
and
after
all
of
this
chapter's
9
remedies
have
been
exhausted,
seek
judicial
review
pursuant
to
chapter
52,
10
title
67,
Idaho
Code.
1
1
SECTION
13.
That
Chapter
44,
Title
39,
Idaho
Code,
be,
and
the
same
is
12
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
13
ignated
as
Section
39
-
4437,
Idaho
Code,
and
to
read
as
follows:
14
39
-
4437.
SITE
REVIEW
PANELS
-
-
ESTABLISHMENT
AND
ORGANIZATION.
(1)
A
15
site
review
panel
shall
be
established
pursuant
to
this
section
to
review
16
each
siting
license
application
received
by
the
department,
ensure
public
17
input
and
involvement
in
the
application
and
licensing
process,
and
provide
18
recommendations
to
the
director
regarding
the
director's
final
decision.
19
(2)(a)
The
panel
shall
consist
of
ten
(10)
members
to
be
appointed
as
20
follows:
21
(i)
One
(1)
member
shall
be
the
director
or
the
director's
autho
-
22
rized
representative;
23
(ii)
One
(1)
member
shall
be
the
director
of
the
Idaho
transporta
-
24
tion
department
or
the
director's
authorized
representative;
25
(iii)
One
(1)
member
shall
be
the
director
of
the
Idaho
department
26
of
water
resources
or
the
director's
authorized
representative;
27
(iv)
Three
(3)
members
shall
be
public
members
appointed
by
the
28
director.
Of
such
members,
one
(1)
shall
be
a
geologist
or
hydrol
-
29
ogist,
one
(1)
an
engineer,
and
one
(1)
a
representative
of
indus
-
30
tries
that
generate
hazardous
waste;
31
(v)
Two
(2)
members
shall
be
appointed
by
the
city
council
of
the
32
city
located
closest
to
or
in
which
the
hazardous
waste
facility
33
is
located
or
is
proposed
to
be
located.
At
least
one
(1)
of
such
34
members
shall
be
an
actual
resident
of
the
city;
and
35
(vi)
Two
(2)
members
shall
be
appointed
by
the
board
of
commis
-
36
sioners
of
the
county
in
which
the
facility
is
located
or
is
pro
-
37
posed
to
be
located.
Both
members
shall
be
actual
residents
of
the
38
county.
39
(b)
The
director
or
the
member
appointed
as
the
director's
representa
-
40
tive
shall
be
the
chair
of
each
panel
established
pursuant
to
this
sec
-
41
tion.
The
chair
shall
be
a
nonvoting
member
of
the
panel
except
when
the
42
chair's
vote
is
necessary
to
break
an
otherwise
tied
vote.
43
(c)
Six
(6)
of
the
ten
(10)
members
shall
constitute
a
quorum
for
the
44
purposes
of
conducting
business
and
executing
the
panel's
duties.
45
(d)
Members
of
the
panel
who
are
not
state
employees
shall
be
entitled
46
to
receive
reimbursement
as
provided
in
section
59
-
509(b),
Idaho
Code.
47
(e)
All
meetings
of
the
panel
shall
be
conducted
pursuant
to
the
state
48
open
meetings
law,
chapter
2,
title
74,
Idaho
Code.
49
15
(3)(a)
Once
the
director
determines
an
application
is
complete,
the
di
-
1
rector
shall:
2
(i)
Appoint
the
three
(3)
public
members
of
the
panel;
3
(ii)
Notify
the
director
of
the
department
of
transportation
and
4
the
director
of
the
department
of
water
resources
of
the
applica
-
5
tion
and
of
their
obligation
to
serve,
or
appoint
a
representative
6
to
serve,
on
the
panel;
and
7
(iii)
Notify
the
appropriate
city
council
and
board
of
county
8
commissioners
of
the
application
and
instruct
them
to
appoint
the
9
necessary
representatives
to
the
panel.
10
(b)
Within
thirty
(30)
days
of
the
director's
notification,
the
re
-
1
1
quired
appointments
shall
be
made
and
the
director
of
the
department
of
12
transportation,
the
director
of
the
department
of
water
resources,
the
13
city
council,
and
the
board
of
county
commissioners
shall
notify
the
14
director
of
their
respective
selections.
15
SECTION
14.
That
Chapter
44,
Title
39,
Idaho
Code,
be,
and
the
same
is
16
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
17
ignated
as
Section
39
-
4438,
Idaho
Code,
and
to
read
as
follows:
18
39
-
4438.
DUTIES
OF
SITE
REVIEW
PANEL.
(1)
The
panel's
primary
respon
-
19
sibility
shall
be
to
consider
the
concerns
and
objections
submitted
by
the
20
public.
The
panel
shall
facilitate
efforts
to
provide
that
the
concerns
and
21
objections
are
mitigated
by
proposing
additional
conditions
for
licensure
22
to
the
director.
Such
conditions
may,
among
other
objectives:
23
(a)
Integrate
the
provisions
of
the
city
or
county
ordinances,
permits,
24
or
requirements;
and
25
(b)
Include
measures
to
mitigate
public
concerns
for:
26
(i)
The
establishment
or
major
modification
of
a
hazardous
waste
27
facility;
and
28
(ii)
On
-
site
disposal
of
wastes
listed
in
section
201(d)(2)
and
29
(e)
as
modified
by
section
209
of
the
hazardous
and
solid
waste
30
amendments
of
1984.
31
(2)
Within
thirty
(30)
days
of
the
panel's
official
establishment,
the
32
panel
shall
conduct
its
first
meeting
where
it
shall:
33
(a)
Establish
a
timetable
for
the
review
of
an
application,
public
par
-
34
ticipation
in
the
process,
and
submission
of
a
recommendation
to
the
di
-
35
rector;
and
36
(b)
Set
a
date
for
a
public
hearing.
Notice
of
the
hearing
shall
be
pub
-
37
lished
at
least
thirty
(30)
days
before
such
hearing.
Such
notice
shall
38
be
published
in
a
newspaper
of
general
circulation
in
the
county
and
im
-
39
mediate
vicinity
of
the
facility
or
proposed
facility.
The
notice
shall
40
include:
41
(i)
A
map
indicating
the
location
or
proposed
location
of
the
haz
-
42
ardous
waste
facility;
43
(ii)
A
description
of
the
proposed
action;
44
(iii)
Information
regarding
the
time,
place,
and
location
of
the
45
public
hearing;
46
(iv)
Information
on
how
to
submit
public
comment;
and
47
(v)
The
location
where
the
complete
application
package
may
be
48
reviewed.
49
16
(3)
The
panel
shall
accept
written
comment
for
at
least
thirty
(30)
days
1
prior
to
the
public
hearing
and
shall
continue
to
accept
written
comment
for
2
fifteen
(15)
days
after
the
public
hearing
date.
Oral
comment
shall
be
pro
-
3
vided
for
by
the
panel
at
the
public
hearing.
4
(4)
When
reviewing
an
application,
the
panel
shall,
among
other
things,
5
consider:
6
(a)
The
risk
and
impact
of
accident
during
the
transportation
of
haz
-
7
ardous
waste;
8
(b)
The
risk
of
fires
or
explosions
from
improper
treatment,
storage,
9
or
disposal
methods;
10
(c)
The
impact
on
local
units
of
government
in
terms
of
health,
safety,
1
1
and
cost;
12
(d)
Whether
the
application
is
consistent
with
local
planning
and
ex
-
13
isting
development;
14
(e)
City
and
county
ordinances,
permits,
or
other
requirements
and
15
their
potential
relationship
to
the
proposed
hazardous
waste
facility;
16
(f)
The
nature
of
the
probable
environmental
impact;
17
(g)
What
conditions,
if
any,
would
eliminate
or
mitigate
concerns,
18
risks,
and
impacts;
19
(h)
The
director's
preliminary
recommendation
and
associated
condi
-
20
tions,
if
any
such
conditions
are
provided;
and
21
(i)
The
public
comment
received.
22
(5)
Within
thirty
(30)
days
of
the
end
of
the
public
comment
period,
the
23
panel
shall
submit
its
recommendation
to
the
director.
The
panel
shall
rec
-
24
ommend
that
the
application
be
approved
and
the
license
be
issued
or
that
the
25
application
and
license
be
denied.
26
(a)
If
the
panel
recommends
approval,
it
shall
include
recommended
27
conditions,
which
may
be
the
same
as,
different
than,
or
in
addition
to
28
the
preliminary
conditions
submitted
by
the
director.
If
such
condi
-
29
tions
are
different
or
additional
conditions,
the
panel
shall
provide
a
30
statement
explaining
the
need
for
the
condition.
31
(b)
If
the
panel
recommends
denial,
the
panel
shall
provide
a
statement
32
explaining
the
reasons
for
its
recommended
denial.
33
SECTION
15.
That
Chapter
44,
Title
39,
Idaho
Code,
be,
and
the
same
is
34
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
35
ignated
as
Section
39
-
4439,
Idaho
Code,
and
to
read
as
follows:
36
39
-
4439.
LOCAL
RESTRICTIONS
ON
HAZARDOUS
WASTE
FACILITIES.
An
ordi
-
37
nance,
permit
requirement,
or
other
requirement
of
a
city
or
county
shall
38
not
prohibit
the
construction
of
a
hazardous
waste
facility
in
that
city
or
39
county.
40
SECTION
16.
That
Chapter
44,
Title
39,
Idaho
Code,
be,
and
the
same
is
41
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
42
ignated
as
Section
39
-
4440,
Idaho
Code,
and
to
read
as
follows:
43
39
-
4440.
CERTIFICATION
OF
CITY,
COUNTY,
OR
HEALTH
DISTRICT.
(1)
The
44
director
may
certify
a
city,
county,
or
health
district
to
administer
and
45
enforce
portions
of
this
chapter
to
the
extent
consistent
with
maintaining
46
17
authorization
of
the
state's
hazardous
waste
management
program
pursuant
to
1
chapter
44,
title
31,
Idaho
Code.
2
(2)
The
director
may
rescind
certification
upon
the
request
of
the
cer
-
3
tified
city,
county,
or
health
district
or
after
reasonable
notice
and
hear
-
4
ing
if
the
director
finds
that
a
city,
county,
or
health
district
is
not
ad
-
5
ministering
and
enforcing
the
provisions
of
this
chapter
as
required.
6
(3)
Certification
procedures
may
be
established
by
rule,
subject
to
7
legislative
approval.
8
SECTION
17.
That
Chapter
44,
Title
39,
Idaho
Code,
be,
and
the
same
is
9
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
10
ignated
as
Section
39
-
4441,
Idaho
Code,
and
to
read
as
follows:
1
1
39
-
4441.
REMEDY
FOR
DEVALUATION
OF
PROPERTY
CAUSED
BY
APPROVED
FACIL
-
12
ITY.
(1)
Before
construction
of
a
hazardous
waste
facility,
but
in
no
case
13
later
than
nine
(9)
months
after
approval
of
a
site
license
for
such
facil
-
14
ity,
any
owner
or
user
of
real
property
adversely
affected
by
approval
may
15
bring
an
action
in
a
district
court
of
competent
jurisdiction
against
the
16
owner
of
the
proposed
facility.
17
(2)
If
a
court
determines
that
the
planned
construction
and
operation
18
of
the
facility
will
result
in
the
devaluation
of
the
plaintiff's
property
19
or
will
otherwise
interfere
with
the
plaintiff's
rights
in
the
property,
20
the
court
shall
order
the
facility's
owner
to
compensate
the
plaintiff
in
an
21
amount
equal
to
the
value
of
the
plaintiff's
loss.
22
(3)
The
remedy
provided
by
this
section
shall
be
in
addition
to
other
23
remedies
provided
by
law
for
property
owners
or
users
aggrieved
by
the
pro
-
24
posed
construction
and
operation
of
a
hazardous
waste
facility.
25
(4)
Nothing
in
this
chapter
shall
prevent
a
property
owner
or
user
ag
-
26
grieved
by
the
construction
and
operation
of
a
facility
from
seeking
damages
27
that
result
from
a
subsequent
modification
of
the
design
or
operation
of
the
28
facility,
but
such
damages
are
limited
to
the
incremental
damage
that
re
-
29
sults
from
such
modification.
Any
action
for
such
damages
under
this
section
30
shall
be
brought
within
nine
(9)
months
after
the
siting
license
for
modifi
-
31
cation
of
the
design
or
operation
of
the
facility
is
approved.
32
(5)
For
the
purpose
of
assessing
damages,
the
value
of
the
rights
af
-
33
fected
shall
be
fixed
at
the
date
the
siting
license
is
approved
and
the
ac
-
34
tual
value
of
the
right
at
that
date
shall
be
the
basis
for
the
determination
35
of
the
amount
of
damage
suffered,
and
no
improvements
to
the
property
subse
-
36
quent
to
the
date
of
approval
of
the
plans
shall
be
included
in
the
assess
-
37
ment
of
damages.
For
any
subsequent
modification
of
a
facility,
the
value
is
38
fixed
at
the
date
of
approval
of
the
siting
license.
39
(6)
The
owner
or
operator
of
a
proposed
facility
may
at
any
time
be
-
40
fore
an
award
of
damages
abandon
the
construction
or
operation
of
the
facil
-
41
ity
or
any
modification
thereof
and
cause
the
action
to
be
dismissed.
As
a
42
condition
of
dismissal,
the
facility's
owner
or
operator
shall
compensate
43
the
plaintiff
for
any
actual
damage
sustained
as
a
result
of
construction
or
44
operation
of
the
facility
before
abandonment
together
with
court
costs
and
45
reasonable
attorney's
fees.
46
(7)
Nothing
in
this
chapter
shall
prevent
a
court
from
enjoining
any
ac
-
47
tivity
at
a
hazardous
waste
facility
that
is
outside
of,
or
not
in
compli
-
48
18
ance
with,
the
terms
and
conditions
of
an
approved
hazardous
waste
opera
-
1
tions
permit
issued
pursuant
to
section
39
-
4409,
Idaho
Code.
2
SECTION
18.
That
Section
39
-
7402A,
Idaho
Code,
be,
and
the
same
is
3
hereby
amended
to
read
as
follows:
4
39
-
7402A.
EXCLUDED
FACILITIES.
This
chapter
shall
not
apply
to
any
5
facility
subject
to
the
provisions
of
subtitle
C
of
RCRA
,
or
the
hazardous
6
waste
management
act
of
1983,
as
amended
(section
39
-
4401,
et
seq.,
Idaho
7
Code)
or
the
state
hazardous
waste
facility
siting
act,
as
amended
(section
8
39
-
5801,
et
seq.,
Idaho
Code)
,
chapter
44,
title
39,
Idaho
Code
.
9
SECTION
19.
An
emergency
existing
therefor,
which
emergency
is
hereby
10
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
1
1
July
1,
2026.
12