39-7401. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature finds: (a) That adverse public health and environmental impacts can result from the improper land disposal of solid waste and that the need for establishing safe sites with adequate capacity for the disposal of solid waste is a matter of statewide concern and necessity; and (b) That […]
39-7402. APPLICABILITY. (1) The standards and procedures set forth in this chapter apply to owners and operators of new municipal solid waste landfill (MSWLF) units, existing MSWLF units, and lateral expansions of existing MSWLF units, except as otherwise specifically provided. (2) The requirements of this chapter do not apply to MSWLF units that ceased to […]
39-7402A. EXCLUDED FACILITIES. This chapter shall not apply to any facility subject to the provisions of subtitle C of RCRA, the hazardous waste management act of 1983, as amended (section 39-4401, et seq., Idaho Code) or the state hazardous waste facility siting act, as amended (section 39-5801, et seq., Idaho Code). History: [(39-7402A) 1992, ch. […]
39-7403. DEFINITIONS. As used in this chapter: (1) "Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with 40 CFR 258.60. (2) "Agricultural wastes" means wastes generated on farms resulting from the production of agricultural products including, but not […]
39-7404. CONSISTENCY WITH FEDERAL LAW — STATUS OF APPENDICES. The legislature intends that the state of Idaho enact and carry out a solid waste program that will enable the state to achieve approved state status with respect to solid waste disposal facility regulation from the federal government. The legislature finds that subtitle D of RCRA, […]
39-7405. AUTHORITY REGARDING SOLID WASTE. The local government entity with legal responsibility for disposal of solid waste pursuant to the provisions of chapter 44, title 31, Idaho Code, shall have full authority to manage and control the ownership, disposition and ultimate disposal of solid waste within its jurisdiction. It is the intention of the legislature […]
39-7406. RESPECTIVE ROLES OF COUNTY, DIRECTOR AND HEALTH DISTRICT — LIBERAL CONSTRUCTION. (1) The county, director and health district each perform key roles in statewide solid waste management. Principal jurisdiction for the various functions of solid waste regulation and management as it pertains to site selection, development, operation, and closure shall be carried out as […]
39-7407. LOCATION RESTRICTIONS — SITE CERTIFICATION. (1) The following location restrictions shall apply to all new MSWLF units, existing MSWLF units, and lateral expansions. Existing sites that cannot demonstrate compliance with the following standards for airports, floodplains, or unstable areas, must close by October 9, 1996, except as otherwise provided in 40 CFR 258.16. (2) […]
39-7408. SITE CERTIFICATION PROCEDURE. (1) It shall be the responsibility of each applicant to obtain site certification from the director. The site certification process is hereby established to ascertain compliance with the requirements of section 39-7407, Idaho Code. (2) The site certification procedure shall be administered in the following manner: (a) Prior to submittal of […]
39-7408A. SITE CERTIFICATION PROCEDURE FOR COMMERCIAL SOLID WASTE FACILITIES. In addition to obtaining site certification as provided in section 39-7408, Idaho Code, no owner or operator of a commercial solid waste facility shall construct, expand or enlarge such a facility without a siting license from the director. Commercial solid waste facilities constructed and in operation […]
39-7408B. SITE REVIEW PANELS — MEMBERS, CHAIRMAN, QUORUM, MEETINGS, STAFF. (1) A site review panel shall be established to insure public input in the licensing process, to recommend to the director conditions which should be included in a siting license and to recommend to the director whether a particular facility should or should not be […]
39-7408C. SITING LICENSE APPLICATION — FEE — RULES. (1) An application for a siting license shall include: (a) The name and residence of the applicant; (b) The location of the proposed commercial solid waste facility; (c) Engineering, hydrogeologic and air quality information to indicate compliance with technical criteria as may be provided by law; (d) […]
39-7408D. DUTIES OF THE DIRECTOR RELATIVE TO SITING APPLICATIONS. (1) Upon receipt of a complete siting license application, the director or an authorized representative of the director shall: (a) Notify the permanent panel members, the city and/or county in which the commercial solid waste facility is located or proposed to be located, the director of […]
39-7409. STANDARDS FOR DESIGN. (1) Applicability. These standards apply to new MSWLF units and lateral expansions of existing facilities as provided in 40 CFR 258.40. (2) Liner designs. All owners or operators of MSWLF units shall use one (1) of the following designs: (a) Composite liner design. A liner as provided under 40 CFR 258.40(b) […]
39-7410. GROUND WATER MONITORING DESIGN. (1) Applicability. These requirements apply to MSWLF units except: (a) When the MSWLF unit meets the conditions for exemption in 40 CFR 258.1(f); provided however, that the director may, at his discretion, require monitoring of a MSWLF unit which meets the conditions for exemption in 40 CFR 258.1(f), if necessary […]
39-7411. DESIGN REVIEW PROCEDURE. (1) Design of a MSWLF unit shall not be reviewed until site certification has been obtained. After obtaining site certification, an applicant shall produce design plans and specifications which comply with the design standards set forth in sections 39-7409 and 39-7410, Idaho Code. The responsibility for complying with said standards shall […]
39-7412. STANDARDS FOR OPERATION. Owners or operators of all MSWLF units shall: (1) Implement a program for detecting and preventing disposal of regulated hazardous wastes as provided in 40 CFR 258.20; (2) Provide for daily cover as provided in 40 CFR 258.21. Alternative materials or cover frequency other than daily cover may be used only […]
39-7413. OPERATIONS PLAN REVIEW. (1) Prior to operation of a MSWLF unit, an operations plan shall be submitted to the health district with jurisdiction. It shall be the responsibility of each applicant of a MSWLF unit to certify to the health district that the provisions of section 39-7412, Idaho Code, have been complied with through […]
39-7414. ASSESSMENT MONITORING AND CORRECTIVE ACTION. (1) Applicability. These standards apply whenever a statistically significant increase over background has been detected for one (1) or more constituents listed in 40 CFR 258, appendix I or an alternative list approved in accordance with 40 CFR 258.54(a)(2). (2) Assessment monitoring programs shall be performed in accordance with […]
39-7415. STANDARDS FOR CLOSURE. (1) Applicability. These standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258. MSWLF units that accept waste after October 9, 1991, but cease to accept waste prior to October 9, 1993, shall at a minimum comply with subsections […]
