Section 39-8801 – SHORT TITLE.
39-8801. SHORT TITLE. This act may be known and cited as the "Idaho Underground Storage Tank Act." History: [39-8801, added 2007, ch. 29, sec. 1, p. 57.]
Section 39-8802 – LEGISLATIVE FINDINGS AND INTENT.
39-8802. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature of the state of Idaho finds: (a) That the protection of the environment from leaking underground storage tanks is a matter of statewide concern; (b) That subchapter IX of the solid waste disposal act (42 U.S.C. 6991, et seq. (2000)), as amended by the underground storage tank […]
Section 39-8803 – DEFINITIONS.
39-8803. DEFINITIONS. As used in this chapter: (1) "Board" means the Idaho board of environmental quality. (2) "Board of trustees" means the board of trustees established in section 41-4904, Idaho Code. (3) "Department" means the Idaho department of environmental quality. (4) "Director" means the director of the Idaho department of environmental quality. (5) "Underground storage […]
Section 39-8804 – PROGRAM SCOPE.
39-8804. PROGRAM SCOPE. The requirements of this chapter and rules promulgated pursuant to this chapter, shall apply to underground storage tank systems in the state of Idaho, owners and operators of underground storage tank systems in the state of Idaho, persons who install or inspect installations of underground storage tank systems in the state of […]
Section 39-8805 – RULES GOVERNING UNDERGROUND STORAGE TANK SYSTEMS.
39-8805. RULES GOVERNING UNDERGROUND STORAGE TANK SYSTEMS. (1) Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the department shall promulgate through negotiated rulemaking, and the board shall adopt, rules as are necessary to regulate underground storage tank systems within the state. This includes, but is not […]
Section 39-8805A – COMPLIANCE DATE FOR CERTAIN RULES.
39-8805A. COMPLIANCE DATE FOR CERTAIN RULES. (1) Compliance with the additional testing and inspection requirements set forth in 40 CFR 280.10 concerning emergency power generators, 40 CFR 280.35 concerning spill prevention equipment and containment sumps used for interstitial monitoring of piping and overfill prevention equipment, and 40 CFR 280.40 concerning release detection, as adopted by […]
Section 39-8806 – ADDITIONAL MEASURES TO PROTECT GROUND WATER.
39-8806. ADDITIONAL MEASURES TO PROTECT GROUND WATER. New and replacement underground storage tank systems and connected piping installed after the effective date of this chapter and located within one thousand (1,000) feet of any existing community water system or any existing potable drinking water well, shall comply with the secondary containment requirements of 42 U.S.C. […]
Section 39-8807 – OPERATOR TRAINING.
39-8807. OPERATOR TRAINING. (1) The department shall adopt an operator training program to be conducted by either the department or a state of Idaho approved third party to help underground storage tank system owners and operators and their employees understand and comply with the requirements of this chapter and rules promulgated pursuant to this chapter. […]
Section 39-8808 – INSPECTIONS.
39-8808. INSPECTIONS. (1) Underground storage tank systems regulated under this chapter which have not been inspected by the department or the United States environmental protection agency since December 22, 1998, shall be inspected by the department in compliance with this chapter. (2) After completion of all inspections required under subsection (1) of this section, the […]
Section 39-8809 – DELIVERY PROHIBITION.
39-8809. DELIVERY PROHIBITION. (1) Effective August 8, 2007, it shall be unlawful for any person to deliver to, deposit into, or accept a regulated substance into an underground storage tank regulated under this chapter at a facility which has been identified by the department to be ineligible for such delivery, deposit, or acceptance. (2) The […]
Section 39-8810 – UNDERGROUND STORAGE TANK DATABASE.
39-8810. UNDERGROUND STORAGE TANK DATABASE. The department shall develop and use a database, which shall be available to the public on the internet, detailing the status of all underground storage tanks in the state of Idaho which are subject to regulation, including whether they are subject to delivery prohibition. The department shall develop the database […]
Section 39-8811 – ENFORCEMENT.
39-8811. ENFORCEMENT. Failure to comply with this chapter or rules promulgated pursuant to this chapter shall be subject to enforcement pursuant to the enforcement provisions of the Idaho environmental protection and health act contained in section 39-108, Idaho Code, provided however, that any monetary penalties for violations of the provisions of this chapter, or rules […]
Section 39-8812 – SEVERABILITY.
39-8812. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter. History: [39-8812, added 2007, ch. […]
Section 39-8813 – IDAHO UNDERGROUND STORAGE TANK PROGRAM FUND.
39-8813. IDAHO UNDERGROUND STORAGE TANK PROGRAM FUND. (1) All moneys received from fees collected from all regulated underground storage tanks shall be forwarded to the department and shall be paid into the Idaho underground storage tank program fund, which is hereby created in the office of the state treasurer. (2) Such moneys and all interest […]