Section 39-5801 – SHORT TITLE.
39-5801. SHORT TITLE. This chapter shall be known and may be cited as the "State Hazardous Waste Facility Siting Act." History: [39-5801, added 1985, ch. 113, sec. 1, p. 221.]
Section 39-5802 – LEGISLATIVE INTENT.
39-5802. LEGISLATIVE INTENT. (1) The legislature of the state of Idaho hereby finds that adverse public health and environmental impacts can result from the improper land disposal of hazardous waste and that the need for establishing safe sites with adequate capacity for the disposal of hazardous waste is a matter of statewide concern, and the […]
Section 39-5803 – DEFINITIONS.
39-5803. DEFINITIONS. As used in this chapter: (1) "Panel" means the site review panel created in section 39-5812, Idaho Code. (2) "Committee" means the state hazardous waste management planning committee created in section 39-5805, Idaho Code. (3) "Department" means the department of environmental quality. (4) "Designated facility" means a hazardous waste treatment, storage or disposal […]
Section 39-5804 – METHODS OF HAZARDOUS WASTE MANAGEMENT.
39-5804. METHODS OF HAZARDOUS WASTE MANAGEMENT. The department and the committee in the conduct of their duties under the provisions of this chapter and under the provisions of chapter 44, title 39, Idaho Code, shall assist in encouraging, developing and implementing methods of hazardous waste management which are environmentally sound, which maximize the utilization of […]
Section 39-5805 – STATE HAZARDOUS WASTE MANAGEMENT PLANNING COMMITTEE — CREATION — MEMBERS.
39-5805. STATE HAZARDOUS WASTE MANAGEMENT PLANNING COMMITTEE — CREATION — MEMBERS. (1) The state hazardous waste management planning committee is hereby created in the department. The committee shall represent diverse geographical areas of the state. No later than September 1, 1985, the governor shall, subject to the advice and consent of the senate, appoint seventeen […]
Section 39-5806 – STATE HAZARDOUS WASTE SITING MANAGEMENT PLAN — PREPARATION — INCLUSIONS — STUDIES — PUBLIC HEARINGS — SUMMARY — AMENDMENTS — RECOMMENDATION.
39-5806. STATE HAZARDOUS WASTE SITING MANAGEMENT PLAN — PREPARATION — INCLUSIONS — STUDIES — PUBLIC HEARINGS — SUMMARY — AMENDMENTS — RECOMMENDATION. (1) Not later than January 1, 1987, the committee shall prepare a state hazardous waste siting management plan. (2) The plan shall: (a) Provide for a reasonable geographic distribution of hazardous waste treatment, […]
Section 39-5807 – AMENDMENT OR REJECTION OF PLAN.
39-5807. AMENDMENT OR REJECTION OF PLAN. The legislature shall amend, adopt or reject the plan by passage of a concurrent resolution at the regular legislative session when it receives the plan. If the legislature amends or rejects the plan, it shall indicate its reasons for amendment or rejection by passage of a concurrent resolution and […]
Section 39-5808 – SITING LICENSE REQUIRED.
39-5808. SITING LICENSE REQUIRED. No person shall construct, expand, enlarge or alter a commercial hazardous waste disposal, treatment or storage facility or any on-site land disposal facility for wastes listed pursuant to section 201(d)(2) and (e), as modified by section 209 of "The Hazardous and Solid Waste Amendments of 1984," as enacted by the U.S. […]
Section 39-5809 – PERMITS AND LICENSES — ISSUANCE PRIOR TO ADOPTION OF PLAN.
39-5809. PERMITS AND LICENSES — ISSUANCE PRIOR TO ADOPTION OF PLAN. The director may issue permits under the provisions of chapter 44, title 39, Idaho Code, or licenses pursuant to this chapter, for existing or proposed hazardous waste treatment, storage or disposal facilities and other authorized operations before the adoption of the plan by the […]
Section 39-5810 – LICENSES — ISSUANCE AFTER ADOPTION OF PLAN.
39-5810. LICENSES — ISSUANCE AFTER ADOPTION OF PLAN. After the plan has been adopted by the committee, the director shall not issue a license under the provisions of this chapter for a hazardous waste treatment, storage or disposal facility until the director has made a determination that the action is consistent with the adopted hazardous […]
Section 39-5811 – EXPANSION, ENLARGEMENT OR ALTERATION OF TREATMENT, STORAGE, OR DISPOSAL FACILITY — REVIEW — SITING LICENSES.
39-5811. EXPANSION, ENLARGEMENT OR ALTERATION OF TREATMENT, STORAGE, OR DISPOSAL FACILITY — REVIEW — SITING LICENSES. (1) A hazardous waste treatment, storage, or disposal facility in existence on July 1, 1985, shall not require a review under the provisions of this chapter. (2) The expansion, enlargement, or alteration of a hazardous waste treatment, storage, or […]
Section 39-5812 – SITE REVIEW PANELS — MEMBERS, CHAIRMAN, QUORUM, MEETINGS, STAFF.
39-5812. SITE REVIEW PANELS — MEMBERS, CHAIRMAN, QUORUM, MEETINGS, STAFF. (1) A site review panel shall be established to insure public input in the licensing process and to recommend to the director conditions which should be included in the siting license. Such conditions may include measures to mitigate public concerns for the following types of […]
Section 39-5813 – SITING LICENSE APPLICATION — FEE — RULES AND REGULATIONS.
39-5813. SITING LICENSE APPLICATION — FEE — RULES AND REGULATIONS. (1) An application for a siting license shall include: (a) The name and residence of the applicant; (b) The location of the proposed hazardous waste treatment, storage, or disposal facility; (c) Engineering or hydrogeologic information to indicate compliance with technical criteria as adopted in the […]
Section 39-5814 – DUTIES OF DIRECTOR UPON RECEIPT OF A SITING LICENSE APPLICATION — RECOMMENDATION.
39-5814. DUTIES OF DIRECTOR UPON RECEIPT OF A SITING LICENSE APPLICATION — RECOMMENDATION. (1) Upon receipt of a complete siting license application, the director or an authorized representative of the director shall: (a) Immediately notify the permanent panel members, the city and/or county in which the hazardous waste treatment, storage, or disposal facility is located […]
Section 39-5816 – LOCAL RESTRICTIONS ON HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITY CONSTRUCTION.
39-5816. LOCAL RESTRICTIONS ON HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITY CONSTRUCTION. An ordinance, permit requirement or other requirement of a city or county shall not prohibit the construction of a hazardous waste treatment, storage, or disposal facility in that city or county. History: [39-5816, added 1985, ch. 113, sec. 1, p. 231.]
Section 39-5817 – COORDINATION AND INTEGRATION WITH STATE AND FEDERAL LAW.
39-5817. COORDINATION AND INTEGRATION WITH STATE AND FEDERAL LAW. The director shall coordinate and integrate the provisions of this chapter for purposes of administration and enforcement with appropriate state and federal law. History: [39-5817, added 1985, ch. 113, sec. 1, p. 231.]
Section 39-5818 – INFORMATION OBTAINED — PUBLIC RECORD.
39-5818. INFORMATION OBTAINED — PUBLIC RECORD. (1) Except as provided in subsection (2) of this section, information obtained by the department under the provisions of this chapter shall be deemed to be a public record. (2) A person regulated under the provisions of this chapter may designate a record, site license application, other information, or […]
Section 39-5819 – CERTIFICATION OF CITY, COUNTY, OR DISTRICT HEALTH DEPARTMENTS.
39-5819. CERTIFICATION OF CITY, COUNTY, OR DISTRICT HEALTH DEPARTMENTS. The department may certify a city, county or health district to administer and enforce portions of this chapter and chapter 44, title 39, Idaho Code, but only to the extent consistent with obtaining and maintaining authorization of the state’s hazardous waste management program pursuant to section […]
Section 39-5820 – REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY.
39-5820. REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY. (1) Before construction of a hazardous waste treatment, storage, or disposal facility, but in no case later than nine (9) months after approval of a site license for a hazardous waste treatment, storage, or disposal facility, any owner or user of real property adversely affected […]