Section 39-4401 – SHORT TITLE.
39-4401. SHORT TITLE. This act may be known and cited as the "Hazardous Waste Management Act of 1983." History: [39-4401, added 1983, ch. 154, sec. 1, p. 417.]
Section 39-4402 – LEGISLATIVE FINDINGS AND PURPOSES.
39-4402. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature of the State of Idaho finds: (a) That continuing technological progress, increases in manufacturing, and the abatement of air and water pollution have resulted in ever-increasing quantities of hazardous waste; (b) That the public health and safety, and the environment, are threatened when hazardous wastes are not […]
Section 39-4403 – DEFINITIONS.
39-4403. DEFINITIONS. As used in this chapter: (1) "Board" means the Idaho board of environmental quality. (2) "Commercial hazardous waste facility or site" means any hazardous waste facility whose primary business is the treatment, storage or disposal, for a fee or other consideration, of hazardous waste generated offsite by generators other than the owner and […]
Section 39-4404 – CONSISTENCY WITH FEDERAL LAW.
39-4404. CONSISTENCY WITH FEDERAL LAW. The legislature intends that the state of Idaho enact and carry out a hazardous waste program that will enable the state to assume primacy over hazardous waste control from the federal government. The legislature finds that the RCRA, as amended, 42 U.S.C., section 6901 et seq., and federal regulations adopted […]
Section 39-4405 – RULES IN GENERAL.
39-4405. RULES IN GENERAL. Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the board shall adopt such rules as are necessary and feasible for the management of the generation, collection, transportation, treatment, storage, and disposal of hazardous wastes within the state. The board shall also adopt […]
Section 39-4406 – GENERAL POWERS AND DUTIES OF DIRECTOR.
39-4406. GENERAL POWERS AND DUTIES OF DIRECTOR. The director: (1) Shall take all actions not inconsistent with this chapter as are necessary and feasible to enable the department to assume and continue primacy over hazardous waste management, pursuant to RCRA; (2) May conduct and publish studies of hazardous waste management in this state; (3) Shall […]
Section 39-4407 – IDENTIFICATION OF HAZARDOUS WASTES.
39-4407. IDENTIFICATION OF HAZARDOUS WASTES. (1) The board shall establish criteria for determining if any waste or combination of wastes is hazardous or nonhazardous, for the purposes of this chapter. (2) The board may adopt, and amend from time to time a list or lists of hazardous wastes. The board may, with public notice but […]
Section 39-4408 – UNAUTHORIZED TREATMENT, STORAGE, RELEASE, USE OR DISPOSAL OF HAZARDOUS WASTE PROHIBITED.
39-4408. UNAUTHORIZED TREATMENT, STORAGE, RELEASE, USE OR DISPOSAL OF HAZARDOUS WASTE PROHIBITED. (1) No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose any hazardous waste in such a manner that the waste, or any constituent thereof, may enter the environment, unless the department has issued […]
Section 39-4409 – PERMIT REQUIREMENTS FOR HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES.
39-4409. PERMIT REQUIREMENTS FOR HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES. (1) No person shall construct, operate, or modify a hazardous waste treatment, storage, or disposal facility or site without a permit from the department. The owner or operator of the facility or site rather than the builder shall be responsible for obtaining the permit. […]
Section 39-4410 – TRANSPORTATION OF HAZARDOUS WASTE.
39-4410. TRANSPORTATION OF HAZARDOUS WASTE. (1) The board shall promulgate hazardous waste transportation rules and regulations to control the intrastate and interstate transportation of federally regulated types and quantities of hazardous waste. The rules and regulations shall be consistent with the rules and regulations issued by the United States department of transportation and the United […]
Section 39-4411 – RECORDS — REPORTING — MONITORING.
39-4411. RECORDS — REPORTING — MONITORING. (1) Pursuant to the provisions of section 39-4405, Idaho Code, the board shall adopt, and amend as necessary, such rules relating to records, reporting, and monitoring as may be needed to achieve the purposes of this chapter. These rules may include, but shall not be limited to, prescribing procedures […]
Section 39-4412 – INSPECTIONS — RIGHT OF ENTRY.
39-4412. INSPECTIONS — RIGHT OF ENTRY. (1) All inspections and searches conducted under the authority of this chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and article I, section 17, of the constitution of the state of […]
Section 39-4413 – ENFORCEMENT PROCEDURES.
39-4413. ENFORCEMENT PROCEDURES. (A) Whenever the director determines that any person is in violation of any provision of this chapter or any permit, standard, regulation, condition, requirement, compliance agreement or order issued or promulgated pursuant to this chapter, one or more of the following actions may be taken: (1) ADMINISTRATIVE ENFORCEMENT ACTIONS. (a) Notice. The […]
Section 39-4414 – REMEDIES.
39-4414. REMEDIES. The remedies specified in this section are cumulative and nonexclusive. (1) MONETARY PENALTIES. (a) Any person who makes a false statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained, or used for the purpose of complying with the provisions of this chapter shall be liable for […]
Section 39-4415 – VIOLATIONS CONSTITUTING MISDEMEANORS.
39-4415. VIOLATIONS CONSTITUTING MISDEMEANORS. (1) Any person who knowingly makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for the purpose of complying with the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine of not more […]
Section 39-4416 – CITIZEN SUITS.
39-4416. CITIZEN SUITS. (1) Except as provided in subsection (2) of this section, any person who has been injured or damaged by an alleged violation of any permit, standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter, may commence a civil action on that person’s own behalf against any person […]
Section 39-4417 – HAZARDOUS WASTE EMERGENCY ACCOUNT.
39-4417. HAZARDOUS WASTE EMERGENCY ACCOUNT. (1) There is hereby created an account in the state treasury to be designated the hazardous waste emergency account. (2) The account shall consist of moneys appropriated to the account by the legislature, moneys allotted to the account as a result of departmental compliance proceedings, moneys allotted to the account […]
Section 39-4418 – LOCAL GOVERNMENT NOTICE.
39-4418. LOCAL GOVERNMENT NOTICE. A permit for a new hazardous waste land disposal facility or site shall not be issued until the department has given ninety (90) days’ notice to the board of county commissioners of the county in which the proposed facility or site is to be located. History: [39-4418, added 1983, ch. 154, […]
Section 39-4419 – INTERSTATE COOPERATION.
39-4419. INTERSTATE COOPERATION. The director shall have the power and the duty to encourage cooperative activities between the department and other states for the improved management of hazardous wastes, and so far as is practical, to provide for uniform state regulations and for interstate agreements relating to hazardous waste management. The state may enter into […]
Section 39-4420 – EMPLOYMENT SECURITY.
39-4420. EMPLOYMENT SECURITY. (1) No employee of a hazardous waste generator, transporter or treatment, storage, or disposal facility or site shall be dismissed, suspended, or otherwise discriminated against because the employee testifies, provides information or otherwise assists in the enforcement or administration of the provisions of this chapter. (2) Any employer who knowingly violates the […]