T39CH74

Title 39 > T39CH74

Sections (26)

39-7401

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 the resource conservation and recovery act (42 U.S.C. sec. 6901, et seq.) as amended, and regulations adopted pursuant thereto, establish complex, detailed and costly provisions for the location, design, operation and monitoring of solid waste disposal sites, including such sites as may be operated pursuant to the responsibility established in chapter 44, title 31 , Idaho Code; and (c) That a state program to implement flexible standards provided in 40 CFR 258, if approved by the U.S. environmental protection agency, enables a state to take advantage of site specific factors in the design and operation of solid waste facilities and flexibility in meeting federal criteria set forth in that regulation; and (d) That 40 CFR 258 provides that such a program of flexible standards requires approvals by a designated state agency; and (e) That chapter 1, title 39 , Idaho Code, vests the department of environmental quality with the responsibility to issue a certificate of suitability concerning prospective solid waste landfill sites, to approve solid waste facility and ground water monitoring programs and to provide approvals pursuant to 40 CFR 258; and (f) That chapter 44, title 31 , Idaho Code, imposes on the counties the primary responsibility for the development and operation of a solid waste management system; and (g) That chapter 4, title 39 , Idaho Code, vests the health districts with the primary responsibility for the review of solid waste facility operations plans and the enforcement of solid waste management operations; and (h) That the coordination and timeliness of response to federal law on the part of all public officials within the state is critical to compliance with federal regulations, the ability of each affected agency to carry out their statutory responsibilities and the avoidance of excessive construction and public expenditures. (2) Therefore, it is the intent of the legislature to establish a program of solid waste management which complies with 40 CFR 258 and facilitates the incorporation of flexible standards in facility design and operation. The legislature hereby establishes the solid waste disposal standards and procedures outlined herein and a facility approval process for the state of Idaho, the political subdivisions thereof, and any private solid waste disposal site owner in order to facilitate the development and operation of solid waste disposal sites, to effect timely and responsible completion of statutory duties and to ensure protection of human health and the environment, to protect the air, land and water

39-7402

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 accept waste on or prior to October 9, 1991. (3) MSWLF units that receive waste after October 9, 1991, but stop receiving waste in conformance with the provisions of 40 CFR 258.1(d), are exempt from the requirements of this chapter, except as expressly provided herein. (4) All MSWLF units that receive waste on or after October 9, 1993, must comply with all of the requirements of this chapter, unless otherwise allowed in 40 CFR 258.1(d), (e) or (f). (5) MSWLF units failing to satisfy these standards shall cease operation and shall not accept municipal solid waste for disposal by order of the department of environmental quality and/or the district health department until provisions of this chapter are complied with unless a compliance schedule has been approved by the director of the department of environmental quality and/or the district health department. (6) MSWLF units failing to satisfy the requirements set forth in this chapter are considered open dumps for purposes of state solid waste management planning and are prohibited under section 4005 of RCRA. (7) MSWLF units containing sewage sludge and which fail to satisfy the criteria set forth in 40 CFR 258 violate sections 309 and 405(e) of the clean water act. History: [39-7402, added 1992, ch. 331, sec. 1, p. 974; am. 1993, ch. 139, sec. 2, p. 344; am. 1994, ch. 75, sec. 2, p. 160; am. 2001, ch. 103, sec. 68, p. 304.]

39-7402A

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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. 292, sec. 2, p. 892; am. and redesig. 1993, ch. 139, sec. 3, p. 345.]

39-7403

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 limited to, manures and carcasses of dead animals weighing each or collectively in excess of fifteen (15) pounds but do not include wastes that are classified as hazardous. (3) Applicant means the owner or the operator with the owner’s written consent. (4) Aquifer means a geological formation, group of formations, or a portion of a formation capable of yielding significant quantities of ground water to wells or springs. (5) Board means the Idaho board of environmental quality. (6) Buffer zone means that part of a facility that lies between the active portion and the property boundary. (7) Clean soils and clean dredge spoils means soils and dredge spoils which are not hazardous wastes or problem wastes as defined in this section. (8) Commercial solid waste means all types of solid waste generated by stores, offices, restaurants, warehouses and other nonmanufacturing activities, excluding residential and industrial wastes. (9) Commercial solid waste facility means a facility owned and operated as an enterprise conducted with the intent of making a profit by any individual, association, firm, or partnership for the disposal of solid waste, but excludes a facility owned or operated by a political subdivision, state or federal agency, municipality or a facility owned or operated by any individual, association, firm or partnership exclusively for the disposal of solid waste generated by such individual, association, firm or partnership. (10) Construction/demolition waste means the waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. Such waste includes, but is not limited to, bricks, concrete, other masonry materials, soil, rock, lumber, road spoils, rebar, paving materials and tree stumps. Noninert wastes and asbestos wastes are not considered to be demolition waste for the purposes of this chapter. (11) Contaminate means to allow discharge of a substance from a landfill that would cause: (a) The concentration of that substance in the ground water to exceed the maximum contamination level (MCL) specified in 40 CFR 258.40, Idaho drinking water standards; or (b) A statistically significant increase in the concentration of that substance in the ground water where the existing concentration of that substance exceeds the maximum contamination level specified in paragraph (a) of this subsection; or (c) A statistically significant increase above background in the concentration of a substance which: (i) is not specified in para

39-7404

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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, and in particular the code of federal regulations, title 40 , part 257 and 258, establish complex, detailed and costly provisions for the disposal of solid waste. By the provisions of this chapter, the legislature desires to avoid duplicative or conflicting state and federal regulatory systems and allow local MSWLF unit owners the maximum flexibility possible under 40 CFR 257 and 258, to meet the substantive goals of protection of human health and the environment with consideration for actual site and climatic conditions. At any time that 40 CFR 257 or 40 CFR 258 is amended, any additional flexibility or extension otherwise prohibited by this chapter shall be allowed as applicable. The board may not promulgate any rule pursuant to this act that would impose conditions or requirements more stringent or broader in scope than the referenced RCRA regulations of the United States environmental protection agency or the provisions of this chapter. Until regulations are adopted, agency conclusions in appendix B through appendix H, inclusive, per the Federal Register of October 9, 1991, shall be used for technical guidance for relevant provisions of this chapter. History: [39-7404, added 1992, ch. 331, sec. 1, p. 979; am. 1993, ch. 139, sec. 5, p. 350; am. 1994, ch. 75, sec. 4, p. 166.]

39-7405

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 that this grant of authority shall be construed in manner commensurate with the full extent of the duties established in chapter 44, title 31 , Idaho Code. History: [39-7405, added 1992, ch. 331, sec. 1, p. 979.]

39-7406

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 outlined herein: (a) Each county may select a solid waste landfill site or sites, evaluate said site(s) for compliance with site certification criteria, develop design plans for construction and operation of MSWLF unit(s), including ground water monitoring programs, provide for public review of its site certification, facility design and operation plans through the conduct of a twenty-eight (28) day public comment period, publish legal notices, serve as the repository of funds established for financial assurance, cooperate with the director and district to construct and operate a solid waste disposal system which protects human health and the environment, and perform such other solid waste related duties as may be specified in chapter 44, title 31 , Idaho Code; (b) The director shall interact and cooperate with federal agencies to secure approved state status concerning solid waste programs, administer the site selection process by requiring an owner to certify, through such professional documentation as may be required in this chapter, that the site is not encumbered by critical site limitations as set forth in section 39-7407 , Idaho Code, ascertaining that such certification has been made by a qualified professional, review and approve MSWLF unit design plans, the ground water monitoring program, alternative daily cover and final cover, alternative closure and post-closure care requirements recommended to the director for approval by the district, financial assurance and any other approvals required in 40 CFR 258, prepare and/or adopt such regulations as may be necessary to implement the provisions of this chapter, and cooperate in actual site monitoring and corrective action programs; and (c) The health district shall ascertain that operations standards are met, prepare and/or adopt technical guidance, review and recommend approval of alternative operating, closure and post-closure requirements to the director, and review and enforce all aspects of operation, closure and post closure except as specified above. (d) All approvals required by 40 CFR 258 shall be obtained by the owner and/or applicant; and all provisions of 40 CFR 258 which provide for flexibility may be obtained by the owner and/or applicant; and the director shall have the authority to grant all such approvals in accordance with the provisions of this chapter, the duty to make a determination that an application meets standards or provides an acceptable alternative, and the duty to approve or disapprove the application in a timely manne

39-7407

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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) All MSWLF units to which this chapter is applicable shall meet the following locational standards: (a) Shall not be located proximate to an airport runway except as provided in 40 CFR 258.10; (b) Shall not be located in areas designated by the United States fish and wildlife service or the Idaho department of fish and game as critical habitat for endangered or threatened species of plants, fish, or wildlife, or designated as critical migratory routes for protectively managed species; (c) Shall not be located so that the active portion is closer than two hundred (200) feet to the property line of adjacent land; (d) Shall not be located so as to be at variance with any locally adopted land use plan or zoning requirement unless otherwise provided by local law or ordinance, provided that if no land use plan has been adopted by the local government which would have land use jurisdiction pursuant to chapter 65, title 67 , Idaho Code, the site certification shall contain an analysis of the factors outlined in section 67-6508 , Idaho Code, accompanied by findings and conclusions, setting forth the reasons therefore, entered by the local government with jurisdiction after a public hearing in accord with provisions of section 67-6509 , Idaho Code, that the public interest would be served by locating a solid waste landfill on the site for which certification is sought; (e) Shall not be located so that the active portion is any closer than one thousand (1,000) feet to any state or national park, or land reserved or withdrawn for scenic or natural use; (f) Shall not be located within a one hundred (100) year flood plain except as provided in 40 CFR 258.11; (g) Shall not be located in wetlands, except as provided in 40 CFR 258.12; (h) A MSWLF unit active portion shall not be located: (i) within three hundred (300) feet or the distance of the point of compliance, whichever is greater, upstream of a perennial stream, or river; and (ii) within one thousand (1,000) feet of any perennial lake or pond. (i) A MSWLF unit active portion shall not be located where the integrity of the site would be compromised by the presence of ground water which would interfere with construction or operation of the site; (j) A MSWLF unit shall not be located: (i) within two hundred (200) feet of a holocene fault as defined in 40 CFR 258.13 or adjacent to geologic features which could compromise the structural integrity of the MSWLF unit; and (ii) within seismic impact zones except as provided in 40 CFR 258.14; and (k) A MSWLF unit active po

39-7408

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 the application, the applicant may conduct a site tour for the director, health district and all other public agencies with jurisdiction to familiarize the agencies with characteristics of the site and site surroundings. (b) The applicant may then submit an application to the director. The application shall address each of the criteria set forth in section 39-7407 , Idaho Code, explaining the technical findings regarding each. (c) Wherever technical evaluation of relevant information is required, a qualified professional, as appropriate, shall certify compliance with the requisite criteria. (d) When the application is submitted to the director, the applicant shall publish legal notice of submittal of the application in the newspaper published in the county as determined by the criteria in section 31-819 , Idaho Code, and shall make the application available for public inspection and copying. The date of publication of such notice shall begin a twenty-eight (28) day comment period during which written comments concerning the application may be submitted to the director. (e) The director shall act upon the application within twenty-one (21) days of the end of the comment period set forth above and shall enter a decision either certifying the site or rejecting the application. The director shall review the site certification application, not contravening the opinion of the applicant’s qualified professional(s) without reliable empirical evidence that the affirmations in the application are erroneous. Upon finding that the criteria of section 39-7407 , Idaho Code, have been affirmed by qualified professionals, the director shall certify the site. Any rejection of a site certification application shall be accompanied by findings in writing expressly stating the criteria insufficiently documented and/or violated and the evidence relied upon in making such determination. Failure of the director to act within twenty-one (21) days shall constitute site certification. An applicant shall be provided an opportunity to appeal any denial of certification. (f) Site certification is transferable with ownership of the site. (g) Within ten (10) working days of receipt of certification from the director, the applicant shall publish notice in the newspaper provided for in subsection (d) of this section, informing the public that certification of the site has been approved. History: [39-7408, added 1992, ch. 331, sec. 1, p. 982; am. 1993, ch. 139, sec. 8, p. 354.]

39-7408A

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 on the effective date of this section are not required to obtain a siting license except to expand or enlarge such facilities. History: [39-7408A, added 1996, ch. 419, sec. 2, p. 1394.]

39-7408B

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 constructed, expanded or enlarged. (2) A panel shall consist of eight (8) members to be appointed as follows: (a) Three (3) members shall be the director of the department of environmental quality or his designee, the director of the Idaho transportation department or his designee and the director of the department of water resources or his designee. (b) One (1) member shall be a public member appointed by the governor. The public member shall be an environmental professional, shall serve as chairman of the panel and shall be a voting member. A member who is a public member shall be appointed to serve on site review panels only until the particular siting license application subject to their review is approved, or until the application is rejected and is no longer subject to their review. (c) Two (2) members shall be appointed by the city council of the city located closest to or in which the commercial solid waste facility is proposed to be located, at least one (1) of whom shall be a resident of the city. The members serving pursuant to this subsection shall serve until the particular siting license application subject to their review is approved, or until the application is rejected and is no longer subject to their review. (d) Two (2) members shall be appointed by the county commission and be residents of the county where the commercial solid waste facility is proposed to be located. The members serving pursuant to this subsection shall serve until the particular siting license application subject to their review is approved, or until the application is rejected and is no longer subject to their review. (e) A person nominated to represent a city or county shall not have a conflict of interest, as that term is defined in section 74-403 , Idaho Code, or derive any economic gain as that term is defined in section 74-403 , Idaho Code, from the location or siting of the proposed commercial solid waste facility. (3) The director shall notify the city council of the nearest city and the board of county commissioners of a siting license application filed with the department, and shall instruct the city and county to appoint the necessary members to a panel. (4) Five (5) of the eight (8) members of the panel shall constitute a quorum for the transaction of business of the panel and the concurrence of five (5) members of the panel shall constitute a legal action of the panel, provided that no meeting of the panel shall occur unless there are at least as many members present representing the city and county as there are representing the state and th

39-7408C

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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) A description of the types of wastes proposed to be handled at the facility; (e) Information showing that harm to scenic, public health, historic, cultural or recreational values is not substantial or can be mitigated; (f) Information showing that the risk and impact of accident during transportation of solid waste is not substantial or can be mitigated; (g) Information showing that the impact on local government is not adverse regarding health, safety, cost and consistency with local planning and existing development or can be mitigated; (h) Financial information to indicate the applicant’s financial capability to construct, operate and close a commercial solid waste facility. (2) Within thirty (30) days after receipt of the application, the director shall determine whether it is complete. If it is not complete, the director shall notify the applicant and state the areas of deficiency. (3) The application shall be accompanied by a siting license fee. The director shall establish by rule the scale for determining the siting license application fee. The fee shall not exceed seven thousand five hundred dollars ($7,500) and shall be based on the cost to the department of reviewing the siting license application. The scale shall be based on characteristics including the site size, projected waste volume, and hydrogeological and atmospheric characteristics surrounding the site. Fees received pursuant to this section may be expended by the director to pay the actual, reasonable and necessary costs incurred by the department in acting upon a siting license application. (4) The director shall promulgate rules in compliance with chapter 52, title 67 , Idaho Code, to implement the provisions of this section. History: [39-7408C, added 1996, ch. 419, sec. 2, p. 1396.]

39-7408D

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 the department of fish and game, the director of the Idaho state police, and other state agencies as deemed appropriate by the director. (b) Publish a notice that the application has been received, as provided in section 60-109 , Idaho Code, in a newspaper having major circulation in the county and the immediate vicinity of the proposed commercial solid waste facility. The notice shall contain a map indicating the location of the proposed commercial solid waste facility, a description of the proposed action and the location where the application may be reviewed. The notice shall describe the procedure by which the siting license may be granted. (2) Upon notification by the director, the chairman shall immediately notify the representatives of the state to the panel and the public members. The chairman shall also notify the applicable county and city for their appointment of members as provided in subsection (2) of section 39-7408B , Idaho Code. Within thirty (30) days after the notification, the board of commissioners of the county and the city council shall select the members to serve on the panel. The panel shall be created at that time and notification of the creation of the panel shall be made to the chairman. (3) Within thirty (30) days after appointment of panel members, the panel shall meet to review and establish a timetable for the consideration of the draft site license. (4) The panel shall: (a) Set a date and arrange for publication of notice of a public hearing in a newspaper having major circulation in the vicinity of the proposed site, at its first meeting. The public notice shall: (i) Contain a map indicating the location of the proposed commercial solid waste facility, a description of the proposed action, and the location where the application for a siting license may be reviewed and where copies may be obtained; (ii) Identify the time, place and location for the public hearing held to receive public comment and input on the application for a siting license; (b) Publish the notice not less than thirty (30) days before the date of the public hearing and the notice shall be, at a minimum, a twenty (20) days’ notice as provided in section 60-109 , Idaho Code. (5) Comment and input on the proposed commercial solid waste facility may be presented orally or in writing at the public hearing, and shall continue to be accepted in writing by the panel for thirty (30) days after the public hearing date. The public hearing shall be held in the same county as the proposed site. If the proposed site is adjacent to a city or p

39-7409

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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) and shall include a leachate collection system as provided under 40 CFR 258.40(a)(2); or (b) Alternate liner design. A site-specific design based upon environmental performance, as allowed under 40 CFR 258.40(a)(1) which will ensure that the concentration values listed in table 1, 40 CFR 258.40, or as amended, will not be exceeded in the uppermost aquifer at the relevant point of compliance. This design shall demonstrate consideration of site specific factors as provided in 40 CFR 258.40(c) and shall include a leachate collection system as provided under 40 CFR 258.40(a)(2); or (c) Arid design. A site-specific design based upon environmental performance, as allowed under 40 CFR 258.40(a)(1) which will ensure that the concentration values listed in table 1, 40 CFR 258.40, or as amended, will not be exceeded in the uppermost aquifer at the relevant point of compliance. This design shall use both field collected data and predictions that maximize contaminant migration for demonstrating no potential for migration. This design will apply to locations having less than twenty-five (25) inches of precipitation annually, net evaporative losses greater than thirty (30) inches annually, and holding capacity in native soils greater than annual absorbance; and (i) solid waste is deposited no less than fifty (50) feet above the seasonal high level of ground water in the uppermost aquifer; (ii) the geologic formation beneath the site and above the uppermost aquifer must have capillary capacities greater than the projected maximum volume of leachate generated during the active life of the MSWLF unit; and (iii) no potential for migration is demonstrated when the geologic formation beneath the site and above the uppermost aquifer has sufficient hydrogeological characteristics and holding capacity adequate to contain all hazardous constituents generated during the active life, closure and post-closure care periods. (3) Point of compliance. For each MSWLF unit, the relevant point of compliance shall be set by a qualified professional by criteria contained in 40 CFR 258.40(d)(1) through (d)(8), inclusive, subject to approval by the director. (4) Leachate discharge shall comply with permitted discharge requirements under the federal clean water act (PL 95-217) and federal storm water discharge regulations (40 CFR part 122). History: [39-7409, added 1992, ch. 331, sec. 1, p. 982; am. 1993, ch. 139, sec. 9, p. 355.]

39-7410

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 to protect ground water resources. If the director does require ground water monitoring of such MSWLF unit, a method other than the ground water monitoring wells required in this section and in 40 CFR 258.51 through 258.55 may be used to detect a release of contamination from the unit; or (b) When suspended upon demonstration in accordance with 40 CFR 258.50 that there is no potential for migration of hazardous constituents from the MSWLF unit to the uppermost aquifer during the active life of the unit and the post-closure care periods when certified by a qualified professional and approved by the director. (2) Ground water monitoring program. All monitoring programs shall be conducted in a manner consistent with the guidance of relevant portions of appendix F per the Federal Register of October 9, 1991. The schedule for compliance as provided by 40 CFR 258.50 shall apply unless an alternative schedule is approved by the director. (a) A ground water monitoring system must be installed that consists of a sufficient number of wells, installed at appropriate locations and depths, to conform with the requirements of 40 CFR 258.51(a) and (d). (b) A multiunit ground water monitoring system may be constructed instead of separate ground water monitoring systems for each MSWLF unit as provided in 40 CFR 258.51(b). (c) Monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole as provided in 40 CFR 258.51(c). Wells must be constructed in such a manner as to prevent contamination of the samples, the sampled strata, and between aquifers and water bearing strata, and in accordance with Idaho department of water resources, well construction standards and the monitoring well standards of the national ground water association. (3) Point of compliance. For each MSWLF unit, the relevant point of compliance shall be set as a function of site and monitoring program design subject to the approval of the director. The relevant point of compliance for purposes of MSWLF unit design, well location and corrective action shall be: (a) Located within the flow pathway(s) predicted from the results of the hydrogeologic investigation; (b) No more than one hundred fifty (150) meters downgradient from the waste management unit boundary; (c) On contiguous property owned, or otherwise subject to possessory rights by the MSWLF owner; (d) Shall be identified by the qualified professional on all reports and documents pertaining to analysis of ground water protection measures; and (e) Determined in consideration of facto

39-7411

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 rest solely with the applicant of the site. (2) An applicant may notify the director of its intent to initiate a MSWLF site design and meet with the director to discuss standards, schedule, design process to be used and particular concerns of the director. (3) The applicant shall conduct aerial and cadastral surveys, relevant studies, and prepare a hydrogeologic report which will satisfy standards and other provisions in accordance with this chapter and applicable state regulations. Specific climatic data and verification of location restrictions shall be included. (4) The applicant shall submit findings and a tentative design plan, including preliminary schematic design of environmental monitoring systems to the director as a result of the preliminary design investigation. The submittal initiates a twenty-eight (28) day period for department review and comment. Concurrent with the submittal to the director, the applicant shall publish notice in a newspaper of general circulation, as determined by the criteria in section 31-819 , Idaho Code, in the county wherein the MSWLF would be located notifying the public that a preliminary design plan has been submitted to the director and is available for public review. The date of publication initiates a twenty-eight (28) day period for department review and public comment. Written public comments concerning the proposed design plan shall be compiled by the director. The compiled public comments received by the director and those generated by the director shall be transmitted to the owner, and the applicant if other than the owner, no more than thirty-five (35) days after the date of publication of the notice or seven (7) days after the end of the public comment period, whichever is later. (5) When a response is received from the director, the applicant may submit the facility design, ground water monitoring program, and specifications, in a final design report which addresses standards established by this chapter, applicable federal regulations and other relevant provisions of state law. Said submittal shall include a site-specific analysis of hydrogeologic conditions, location restrictions and other factors relevant to long-term site integrity, and shall address comments from the public and the director related to objective standards in the final design report. Said submittal shall be prepared by a qualified professional in a manner consistent with sound professional practices. The submittal of this final design report initiates a fifty-six (56) day period for the

39-7412

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 as specified by the MSWLF plan of operation; (3) Provide disease vector control as provided in 40 CFR 258.22; (4) Implement a program of routine methane monitoring and control as provided in 40 CFR 258.23; (5) Ensure that MSWLF units do not violate any ambient air quality standard or emission standard from any emission of landfill gases, combustion or any other emission associated with a MSWLF unit as provided in 40 CFR 258.24; (6) Provide and control access as provided in 40 CFR 258.25; (7) Design, construct and maintain a run-on/run-off control system as provided in 40 CFR 258.26 to: (a) Prevent all the run-on of surface waters and other liquids resulting from a maximum flow of a twenty-five (25) year storm, or snowmelt into the active portion of the MSWLF unit; (b) Control the collection of the run-off of surface waters and other liquids resulting from a twenty-four (24) hour, twenty-five (25) year storm, or snowmelt, whichever is greater, from the active portion and the closed portions of a MSWLF unit; and (c) Prevent the discharge of pollutants into waters of the United States and the state of Idaho as defined in 40 CFR 258.27; (8) Prohibit the disposal of noncontainerized liquids or sludges containing free liquids in MSWLF units except as provided in 40 CFR 258.28; (9) Establish an operating and recordkeeping procedure as provided in 40 CFR 258.29; and (10) Comply with operating procedures established by the board for implementation by the districts which are intended to assure operations which protect the public health and maintain the integrity of the landfill design. (11) MSWLF units that dispose of greater than twenty (20) tons per day of municipal solid waste based on an annual average shall: (a) Monitor daily climatic conditions. Monitoring shall include precipitation including snow, evaporation, evaporative water temperature, air temperature, wind speed and direction; and (b) Weigh all incoming waste or provide an equivalent method of measuring waste tonnage capable of estimating total annual solid waste tonnage. History: [(39-7412) 1992, ch. 331, sec. 1, p. 985; am. and redesig. 1993, ch. 139, sec. 13, p. 360.]

39-7413

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 development of an operating plan. No solid waste disposal facility shall accept waste without a current operating certificate from the health district with jurisdiction. (2) The health district shall review operational plans in the same manner as the director reviews requests for site certification pursuant to section 39-7408 , Idaho Code. An applicant shall provide information in the operations plan in sufficient detail to show compliance with the provisions of section 39-7412 , Idaho Code, and required procedures adopted pursuant thereto. The same standards of review shall apply to an operations plan as apply to the site certification process. The health district shall accept certification by a qualified professional that standards of operation have been met upon presentation of the professional’s certification of compliance and presentation of a written explanation of operational practices which will be undertaken to meet standards established in section 39-7412 , Idaho Code. (3) If an operations plan provides for alternative operating criteria requiring approval by the director as provided in 40 CFR 258, the health district shall make a decision recommending approval or disapproval. Such plan shall be submitted by the health district to the director for his review. The submittal shall be accompanied by findings of fact and the recommendation from the health district. (4) The director shall review the recommendation submitted by the health districts and shall make a decision to approve or disapprove. The director shall review recommendations for approval using the same standards of review provided in section 39-7408 (2)(e), Idaho Code. History: [(39-7413) 1992, ch. 331, sec. 1, p. 986; am. and redesig. 1993, ch. 139, sec. 14, p. 361; am. 1994, ch. 75, sec. 7, p. 169.]

39-7414

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 40 CFR 258.55. (3) Assessment of corrective measures shall be performed in accordance with 40 CFR 258.56. (4) Selection of remedy shall be performed in accordance with 40 CFR 258.57. (5) Implementation of corrective action program shall be performed in accordance with 40 CFR 258.58. History: [39-7414, added 1993, ch. 139, sec. 15, p. 362.]

39-7415

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 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 (2)(a) and (3) of this section in addition to the sanitary landfill closure guidance criteria as adopted by the health district. (2) Cover designs. Owners or operators of MSWLF units shall install one (1) of the following final cover systems: (a) A cover as provided under 40 CFR 258.60(a); or (b) The cover material must be fine-grained with intrinsic permeability no greater than 1 X 10-3 cm/sec and a minimum thickness of twenty-four (24) inches; and (i) Have capillary holding capacity greater than the projected maximum accumulated volume of water as determined by utilization of accepted water balance methodology based on local or regional twenty-five (25) year climatic records; (ii) Annual precipitation is less than twenty-five (25) inches with net evaporative losses greater than thirty (30) inches annually; (iii) The top six (6) inches of the cover shall be capable of sustaining shallow rooted native plant growth; and (iv) This design shall demonstrate consideration of site specific factors as provided in 40 CFR 258.60(b); or (c) As provided in 40 CFR 258.60(b). (3) The final grade of slopes shall be greater than two percent (2%) unless otherwise supported by the post closure plan and uses approved by the health district, and the grade of side slopes not more than thirty-three percent (33%). (4) Closure plan preparation, placement in operating record, notice of intent to close, time requirements for commencement and completion of closure activities, certification, deed notation and removal of deed notation shall be conducted as provided in 40 CFR 258.60(c) through (j), inclusive. The deed notation and removal of deed notation shall comply with the uniform environmental covenants act, chapter 30, title 55 , Idaho Code. History: [39-7415, added 1992, ch. 331, sec. 1, p. 988; am. 1993, ch. 139, sec. 16, p. 362; am. 1994, ch. 75, sec. 8, p. 169; am. 2010, ch. 99, sec. 2, p. 191.]

39-7416

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 39-7416. Standards for post closure care. (1) Applicability. Post closure maintenance standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258.1. (2) Post closure care shall be conducted as provided under 40 CFR 258.61. History: [39-7416, added 1992, ch. 331, sec. 1, p. 989; am. 1993, ch. 139, sec. 17, p. 363; am. 1994, ch. 75, sec. 9, p. 170.]

39-7417

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 39-7417. Financial assurance for closure, post closure care and corrective action. (1) Applicability. These requirements shall apply to new MSWLF units, existing MSWLF units and lateral expansions except as exempted in 40 CFR 258.1(d) and 258.70(a). (2) The requirements of this section are effective April 9, 1995, except for MSWLF units meeting the conditions of 40 CFR 258.1(f)(1), in which case the effective date is October 9, 1995, or at such later date upon subsequent amendment of 40 CFR 258.70 through 258.74. (3) All MSWLF units shall be underwritten by financial assurance provisions as provided by the following: (a) Closure as provided in 40 CFR 258.71; (b) Post closure care as provided in 40 CFR 258.72; and (c) Corrective action as provided in 40 CFR 258.73. (4) The financial assurance mechanisms provided for MSWLF units shall include any mechanism or a combination of mechanisms meeting the criteria of 40 CFR 258.74. (5) Counties may use available borrowing capability through registered warrants for a prearranged amount and preapproved by a lending institution as a financial mechanism to assure assessment monitoring and corrective action needs. (6) Subdivisions of the state may use any method provided by law to meet the requirements of this section. (7) MSWLF units owned or operated by subdivisions of the state that qualify under 40 CFR 258.74(f) may include any mechanism allowed to them upon adoption and publication. (8) Financial assurance funds for MSWLF units not located on federal or state lands shall be deposited in a county trust fund in the county in which the MSWLF unit is located. The county shall act as the trustee for the trust funds, and as named coprincipal for surety bonds, letters of credit, and insurance. As trustee, the county may require an independent audit of the adequacy of the financial assurance but shall not become liable for financial assurance except in the case of default as otherwise defined by federal and state law. History: [39-7417, added 1992, ch. 331, sec. 1, p. 989; am. 1993, ch. 139, sec. 18, p. 363; am. 1994, ch. 75, sec. 10, p. 170.]

39-7418

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 39-7418. Modifications to sites approved under this chapter. (1) The following classes of modifications to approved sites shall require that an owner or operator amend the approved design or ground water monitoring program: (a) Lateral expansion outside the approved waste management unit boundary design; (b) Unpredictable change affecting any environmental monitoring program; (c) Change of liner design; or (d) A modification of the design or operation due to initiation of corrective action and remediation. (2) The scope of new investigations and plan amendment shall be defined by the owner, director and health district before any modification to the decision is begun. Only those stages of the applicable approval process affected by the request for modification shall be required. History: [39-7418, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 19, p. 364.]

39-7419

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 39-7419. Inspections. (1) All MSWLF units shall be subject to routine inspection by the county, director and health district in accordance with relevant provisions of the Idaho Code. (2) At intervals of not less than three (3) years, nor more than five (5) years, the owner, county, director and health district shall jointly conduct a comprehensive review of the MSWLF unit for provisions contained in this chapter, technical guidance, other provisions, and the plan for design and operation, as amended. A record of the review shall be placed in the operating record of the MSWLF unit which shall be maintained by the owner and the health district with jurisdiction. Operating procedures shall be recertified at intervals of no more than three (3) years. History: [39-7419, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 20, p. 364.]

39-7420

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 39-7420. Violations and enforcement. (1) Failure to comply with the requirements established in this chapter, requirements of rules established pursuant to this chapter, and reasonable conditions of approval granted pursuant to this chapter shall be unlawful. Particularly with respect to siting and operation of a municipal solid waste landfill to satisfy the requirements of chapter 44, title 31 , Idaho Code, enforcement should focus upon remediation of deficiencies, rather than punishment. Penalties should be imposed where practices show disregard for protection of human health, safety and the environment. (2) Each public agency with responsibility for enforcement of requirements established in this chapter may inspect, monitor and employ such methods of enforcement as they may be empowered to use by statute or local ordinance. (a) The director may apply the provisions of section 39-108 , Idaho Code, to insure compliance. (b) The respective health districts or the several counties may employ the use of negotiated compliance agreements in addition to civil legal remedies and misdemeanor criminal penalties otherwise authorized in order to obtain compliance with requirements established herein. (3) Where more than one (1) public entity undertakes enforcement efforts to obtain compliance with the provisions of this chapter, enforcement efforts should be coordinated to the greatest extent possible to minimize conflict among requirements and costs of compliance. (4) A private right of action in behalf of any person who has been injured or damaged by any approval authorized in this chapter or violation of the terms of any approval or regulation authorized in this chapter may be maintained in accordance with the provisions of this chapter and/or the provisions of chapter 52, title 67 , Idaho Code, as applicable. (5) If a district fails to carry out responsibilities established in this chapter, the director may assume the authority otherwise to be implemented by a district. History: [39-7420, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 21, p. 365.]

39-7421

TITLE 39 HEALTH AND SAFETY CHAPTER 74 IDAHO SOLID WASTE FACILITIES ACT 39-7421. Research, development and demonstration permits. (1) The provisions of 42 U.S.C. 6945(c)(1)(B) and 40 CFR 258 allow the administrator of the United States environmental protection agency to approve state research, development and demonstration permit programs. (2) The director shall initiate the process outlined in 40 CFR 239 by which the state may receive authorization to issue research, development and demonstration (RDD) permits in compliance with 40 CFR 258.4 at such time as: (a) The department receives a request from any individual who expresses an intent to apply for an RDD permit; and (b) The department and requesting individual enter into a written agreement in which the requesting individual agrees to reimburse the department for the reasonable and necessary cost to make such application. (3) Upon receipt of state authorization to issue such permits, the director may issue an RDD permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion for which the owner or operator proposes to utilize innovative and new methods which vary from either or both of the following criteria: (a) The run-on control systems required by section 39-7412 (7)(a), Idaho Code; and (b) The liquid restrictions in section 39-7412 (8), Idaho Code. (4) Any permit issued under subsection (3) of this section shall include the following terms and conditions: (a) The MSWLF unit shall have a leachate collection system designed and constructed to maintain less than a thirty (30) centimeter depth of leachate on the liner; (b) Any liquids to be recirculated, injected or otherwise placed in the MSWLF unit shall be appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process and shall be approved by the director; (c) The MSWLF unit owner or operator shall install and operate a landfill gas collection and control system in accordance with emission control requirements as specified in 40 CFR part 60, and when collected in economically feasible volumes, landfill gas shall be used for energy generation. (5) Upon receipt of state authorization to issue such permits, the director may issue an RDD permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative and new methods which vary from the final cover criteria of 40 CFR 258.60 (a)(1), (a)(2) and (b)(1) provided the landfill owner or operator demonstrates that the infiltration of liquid will not cause contamination of ground water or surface water, or cause leachate depth on the liner to exceed thirty (30) centimeters. (6) Any permit issued under the provisions of this section shall include terms and conditions at least as protective as the criteria for MSWLFs to assure protection of human health and the environment. Such permits shall: (a) Provide for the construction and operation of such facilities as necessary, for