Amends, repeals, and adds to existing law to revise provisions regarding the Idaho Solid Waste Facilities Act.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 555 BY LOCAL GOVERNMENT COMMITTEE AN ACT1 RELATING TO SOLID WASTE FACILITIES; AMENDING SECTION 39-105, IDAHO CODE, TO2 REVISE PROVISIONS REGARDING THE POWERS AND DUTIES OF THE DIRECTOR OF THE3 IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION 39-414,4 IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS AND DUTIES OF5 THE DISTRICT BOARD OF HEALTH; AMENDING SECTION 39-7401, IDAHO CODE, TO6 REVISE LEGISLATIVE FINDINGS AND PURPOSES OF THE SOLID WASTE FACILITIES7 ACT; AMENDING SECTION 39-7402, IDAHO CODE, TO REVISE PROVISIONS RE-8 GARDING THE APPLICABILITY OF THE ACT; AMENDING SECTION 39-7403, IDAHO9 CODE, TO REVISE DEFINITIONS; AMENDING SECTION 39-7404, IDAHO CODE, TO10 REVISE PROVISIONS REGARDING CONSISTENCY WITH FEDERAL LAW; AMENDING11 SECTION 39-7406, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE RESPEC-12 TIVE ROLES OF COUNTY, DIRECTOR, AND HEALTH DISTRICT; AMENDING SECTION13 39-7408, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE SITE CERTIFI-14 CATION PROCESS; REPEALING SECTION 39-7408A, IDAHO CODE, RELATING TO15 SITE CERTIFICATION PROCEDURES FOR COMMERCIAL SOLID WASTE FACILITIES;16 REPEALING SECTION 39-7408B, IDAHO CODE, RELATING TO SITE REVIEW PAN-17 ELS; REPEALING SECTION 39-7408C, IDAHO CODE, RELATING TO SITING LICENSE18 APPLICATIONS; REPEALING SECTION 39-7408D, IDAHO CODE, RELATING TO THE19 DUTIES OF THE DIRECTOR RELATIVE TO SITING APPLICATIONS; AMENDING CHAP-20 TER 74, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-7409,21 IDAHO CODE, TO ESTABLISH PROVISIONS FOR CO-LOCATED WASTE FACILITIES;22 AMENDING SECTION 39-7409, IDAHO CODE, TO REVISE PROVISIONS REGARDING23 THE STANDARDS FOR DESIGN AND TO REDESIGNATE THE SECTION; AMENDING SEC-24 TION 39-7410, IDAHO CODE, TO REVISE PROVISIONS REGARDING GROUND WATER25 MONITORING DESIGN AND TO REDESIGNATE THE SECTION; AMENDING SECTION26 39-7411, IDAHO CODE, TO REVISE PROVISIONS REGARDING DESIGN REVIEW PRO-27 CEDURES AND TO REDESIGNATE THE SECTION; AMENDING SECTION 39-7412, IDAHO28 CODE, TO REVISE PROVISIONS REGARDING STANDARDS FOR OPERATION AND TO RE-29 DESIGNATE THE SECTION; AMENDING SECTION 39-7413, IDAHO CODE, TO REVISE30 PROVISIONS REGARDING OPERATIONS PLAN REVIEWS AND TO REDESIGNATE THE31 SECTION; AMENDING SECTION 39-7414, IDAHO CODE, TO REVISE PROVISIONS RE-32 GARDING ASSESSMENT MONITORING AND CORRECTIVE ACTION AND TO REDESIGNATE33 THE SECTION; AMENDING SECTION 39-7415, IDAHO CODE, TO REVISE PROVISIONS34 REGARDING STANDARDS FOR CLOSURE AND TO REDESIGNATE THE SECTION; AMEND-35 ING SECTION 39-7416, IDAHO CODE, TO REVISE PROVISIONS REGARDING STAN-36 DARDS FOR POST-CLOSURE CARE AND TO REDESIGNATE THE SECTION; AMENDING37 SECTION 39-7417, IDAHO CODE, TO REVISE PROVISIONS REGARDING FINANCIAL38 ASSURANCE FOR CLOSURE, POST-CLOSURE CARE, AND CORRECTIVE ACTION AND39 TO REDESIGNATE THE SECTION; AMENDING SECTION 39-7418, IDAHO CODE, TO40 REVISE PROVISIONS REGARDING MODIFICATIONS TO SITES APPROVED UNDER THE41 CHAPTER AND TO REDESIGNATE THE SECTION; AMENDING CHAPTER 74, TITLE 39,42 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-7420, IDAHO CODE, TO ES-43 TABLISH GENERAL PROVISIONS FOR THE APPLICATION PROCESS; AMENDING CHAP-44 TER 74, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-7421,45

2 IDAHO CODE, TO ESTABLISH PROVISIONS FOR PUBLIC REVIEW AND APPROVAL OF1 APPLICATIONS; AMENDING CHAPTER 74, TITLE 39, IDAHO CODE, BY THE ADDI-2 TION OF A NEW SECTION 39-7422, IDAHO CODE, TO ESTABLISH PROVISIONS FOR3 ADMINISTRATIVE REVIEW AND APPROVAL OF APPLICATIONS; AMENDING CHAPTER4 74, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-7423, IDAHO5 CODE, TO ESTABLISH PROVISIONS FOR RECONCILIATION PROCEDURES AND AD-6 MINISTRATIVE AND JUDICIAL REVIEW; AMENDING CHAPTER 74, TITLE 39, IDAHO7 CODE, BY THE ADDITION OF A NEW SECTION 39-7424, IDAHO CODE, TO IMPOSE8 FEES; AMENDING CHAPTER 74, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW9 SECTION 39-7425, IDAHO CODE, TO ESTABLISH PROVISIONS FOR THE COLLEC-10 TION OF FEES AND REPORTING; AMENDING CHAPTER 74, TITLE 39, IDAHO CODE,11 BY THE ADDITION OF A NEW SECTION 39-7426, IDAHO CODE, TO ESTABLISH THE12 SOLID WASTE REGULATORY FUND; AMENDING SECTION 39-7419, IDAHO CODE, TO13 REVISE PROVISIONS REGARDING INSPECTIONS AND TO REDESIGNATE THE SEC-14 TION; AMENDING CHAPTER 74, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW15 SECTION 39-7428, IDAHO CODE, TO PROVIDE FOR ADDITIONS AND PENALTIES;16 AMENDING SECTION 39-7420, IDAHO CODE, TO REVISE PROVISIONS REGARDING17 VIOLATIONS AND ENFORCEMENT AND TO REDESIGNATE THE SECTION; AMENDING18 SECTION 39-7421, IDAHO CODE, TO REVISE PROVISIONS REGARDING RESEARCH,19 DEVELOPMENT, AND DEMONSTRATION PERMITS AND TO REDESIGNATE THE SECTION;20 AMENDING SECTION 39-107D, IDAHO CODE, TO CORRECT A CODE REFERENCE;21 AMENDING SECTION 39-7204, IDAHO CODE, TO CORRECT A CODE REFERENCE; AND22 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.23

Be It Enacted by the Legislature of the State of Idaho:24

SECTION 1. That Section 39-105, Idaho Code, be, and the same is hereby25 amended to read as follows:26 39-105. POWERS AND DUTIES OF THE DIRECTOR. The director shall have the27 following powers and duties: (1) All (1) The director shall have all of the28 rights, powers, and duties regarding environmental protection functions,29 including but not limited to those provided by chapters 1, 4, 30, 36, 44, 58,30 65, 66, 70, 71, 72, and 74, title 39, Idaho Code. The director shall have all31 such powers and duties as described in this section as may have been or could32 have been exercised by his predecessors in law and shall be the successor in33 law to all contractual obligations entered into by predecessors in law. All34 hearings of the director shall be governed by the provisions of chapter 52,35 title 67, Idaho Code.36 (2) The director shall, pursuant and subject to the provisions of the37 Idaho Code and the provisions of this act, formulate and recommend to the38 board rules, as may be necessary, to deal with problems related to water39 pollution, air pollution, solid waste disposal, and licensure and certi-40 fication requirements pertinent thereto, which shall, upon adoption by the41 board, have the force of law relating to any purpose that may be necessary42 and feasible for enforcing the provisions of this act, including but not43 limited to the prevention, control, or abatement of environmental pollution44 or degradation including radionuclides and risks to public health related45 to any of the powers and duties described in this section. Any such rule46 may be of general application throughout the state or may be limited as to47

3 times, places, circumstances, or conditions in order to make due allowance1 for variations therein.2 (3) The director, under the rules adopted by the board, shall have the3 general supervision of the promotion and protection of the environment of4 this state. The powers and duties of the director shall include but not be5 limited to the following:6 (a) The issuance of licenses and permits as prescribed by law and by the7 rules of the board promulgated hereunder. For each air quality oper-8 ating permit issued under title V of the federal clean air act and its9 implementing regulations, the director shall, consistent with the fed-10 eral clean air act and its implementing regulations, expressly include11 a provision stating that compliance with the conditions of the permit12 shall be deemed compliance with the applicable requirements of the fed-13 eral clean air act and the title V implementing regulations. The di-14 rector may develop and issue general permits covering numerous similar15 sources, as authorized by 40 CFR 70.6(d), as amended, and as appropri-16 ate.17 (b) The enforcement of rules relating to public water supplies and ad-18 ministration of the drinking water loan fund pursuant to chapter 76, ti-19 tle 39, Idaho Code, including making loans to eligible public drink-20 ing water systems, as defined in the federal safe drinking water act,21 as amended, and to comply with all requirements of the act, 42 U.S.C.22 300f et seq., and regulations promulgated pursuant to the act. This in-23 cludes but is not limited to: the development of and implementation of24 a capacity development strategy to ensure public drinking water systems25 have the technical, managerial, and financial capability to comply with26 the national primary drinking water regulations; and the enhancement of27 protection of source waters for public drinking water systems.28 (c) The establishment of liaison with other governmental departments,29 agencies, and boards in order to effectively assist other governmental30 entities with planning for the control of or abatement of environmental31 pollution. All of the rules adopted by the board hereunder shall apply32 to state institutions.33 (d) The supervision and administration of a system to safeguard air34 quality and to limit and control the emission of air contaminants.35 (e) The supervision and administration of a system to safeguard the36 quality of the waters of this state, including but not limited to the en-37 forcement of rules relating to the discharge of effluent into the waters38 of this state and the storage, handling, and transportation of solids,39 liquids, and gases that may cause or contribute to water pollution. For40 purposes of complying with the clean water act, the director may provide41 an exemption from additional reductions for those nonpoint sources that42 meet the applicable reductions set forth in an approved TMDL, as defined43 in chapter 36, title 39, Idaho Code.44 (f) The supervision and administration of administrative units whose45 responsibility shall be to assist and encourage counties, cities, other46 governmental units, and industries in the control and abatement of en-47 vironmental pollution.48 (g) The supervision and administration of a solid waste disposal site49 and design review program and issuance of approvals, licenses, and per-50

4 mits in accordance with the provisions of chapters 4 and the Idaho solid1 waste facilities act, chapter 74, title 39, Idaho Code, and, in particu-2 lar, as follows:3 (i) The issuance of a solid waste disposal site certificate in the4 manner provided in chapter 74, title 39, Idaho Code. Issuing solid5 waste disposal site certificates;6 (ii) Providing review and approval regarding of the design of7 solid waste disposal facilities and ground water monitoring sys-8 tems and approval of all applications for flexible standards as9 provided for in 40 CFR 258, in accordance with the provisions of10 chapter 74, title 39, Idaho Code.;11 (iii) Cooperating and coordinating with operational monitoring12 of solid waste disposal sites by district health departments pur-13 suant to authority established in chapters 4 and 74, title 39,14 Idaho Code. Providing review and approval of solid waste facility15 operation, closure, post-closure, and financial assurance plans;16 (iv) Enforcing solid waste management operations and the provi-17 sions of chapter 74, title 39, Idaho Code, rules promulgated pur-18 suant thereto, and applicable federal law and regulations;19 (v) Developing and administering the research, development, and20 demonstration program, which is to be implemented as a part of the21 existing approved solid waste program, upon approval of the United22 States environmental protection agency; and23 (iv) (vi) Developing and proposing Promulgating rules, as neces-24 sary, subject to legislative approval, to supplement details of25 compliance with the Idaho solid waste facilities act and appli-26 cable federal regulations, provided that such regulations rules27 shall not conflict with the provisions of this act or be more28 strict than the requirements established in federal law or in the29 solid waste facilities act or be more stringent than applicable30 state law, including the provisions of chapter 74, title 39, Idaho31 Code, and applicable federal law and regulations.32 (h) The establishment, administration, and operation of:33 (i) A network of environmental monitoring stations, independent34 of the United States department of energy, within and around the35 facilities of the Idaho national laboratory to provide authorita-36 tive auditing and analysis of emissions, discharges, or releases37 of pollutants to the environment, including the air, water, and38 soil from such facilities; and39 (ii) Programs within the department to utilize the data obtained40 from such monitoring, and any other relevant data, in the enforce-41 ment of applicable agreements, statutes, and rules pertaining to42 such facilities and programs, to review, analyze, and participate43 in remedial decisions and other proposed actions and projects, and44 to ensure the protection of public health and the environment.;45 and46 (iii) The director shall also A program to monitor the implemen-47 tation of agreements between the United States and the state of48 Idaho related to the operation and environmental protection obli-49 gations of the Idaho national laboratory and provide periodic in-50

5 formation to the governor, the attorney general, the legislature,1 and the people of Idaho concerning compliance with such agreements2 and obligations. The director shall have the power to enter into3 agreements with the United States department of energy in order to4 carry out the duties and authorities provided in this subsection.5 (i) The enforcement of all laws, rules, regulations, codes, and stan-6 dards relating to environmental protection and health.7 (j) The enhancement and protection of source waters of the state pur-8 suant to rules of the board.9 (4) The director, when so designated by the governor, shall have the10 power to apply for, receive on behalf of the state, and utilize any federal11 aid, grants, gifts, gratuities, or moneys made available through the federal12 government, including but not limited to the federal water pollution control13 act, for use in or by the state of Idaho in relation to health and environmen-14 tal protection.15 (5)(a) The director shall have the power to enter into and make con-16 tracts and agreements with any public agencies agency or municipal17 corporations corporation for facilities, land, and equipment when such18 use will have a beneficial or recreational effect or be in the best in-19 terest in carrying out the duties imposed on the department.20 (b) The director shall also have the power to enter into contracts for21 the expenditure of state matching funds for local purposes. This sub-22 section will constitute the authority for public agencies or municipal23 corporations to enter into such contracts and expend money for the pur-24 poses delineated in such contracts.25 (c) The director shall also have the power to enter into and make vol-26 untary contracts and agreements with public agencies, municipal corpo-27 rations, and private parties for funding or reimbursement of staff and28 consultant costs necessary for the director to discharge his duties as29 provided by state statute and administrative rule. Such contracts and30 agreements shall be limited to a five (5) year term, however they but can31 be renewed upon agreement of all parties. Moneys received through these32 contracts and agreements shall be expended pursuant to appropriation.33 (6) The director is authorized to adopt an official seal to be used on34 appropriate occasions, in connection with the functions of the department or35 the board, and such seal shall be judicially noticed. Copies of any books,36 records, papers, or other documents in the department shall be admitted in37 evidence equally with the originals thereof when authenticated under such38 seal.39

SECTION 2. That Section 39-414, Idaho Code, be, and the same is hereby40 amended to read as follows:41 39-414. POWERS AND DUTIES OF DISTRICT BOARD. The district board of42 health shall have and may exercise the following powers and duties:43 (1) To administer and enforce all state and district health laws, regu-44 lations, and standards.45 (2) To undertake only those actions that are necessary and reasonable46 for preserving and protecting public health and preventive health as sup-47 ported by scientific evidence. Additionally, the The board may enter into48 agreements with the director of the state department of health and welfare or49

6 the director of the department of environmental quality to provide services1 or do such other things as specified in the agreement, subject to the limi-2 tations described in this subsection. An agreement entered pursuant to this3 subsection may be between either such director and one (1) district or mul-4 tiple districts. An order of a district board of health will take effect im-5 mediately. However, notwithstanding Notwithstanding the provisions of this6 subsection, if an order applies to all persons in a county or a public health7 district, the board of county commissioners within each affected county, af-8 ter consulting with the district board of health, will shall determine, by9 resolution, whether or not to approve the order within county limits within10 seven (7) days of the date of the order. If the board of county commissioners11 approves the order, then the order will take effect immediately for a period12 of thirty (30) days. Thereafter, the order may be extended, amended, or mod-13 ified and reimposed for thirty (30) day periods, subject to approval by the14 board of county commissioners.15 (3) To determine the location of its main office and to determine the16 location, if any, of branch offices.17 (4) To enter into contracts with any other governmental or public18 agency whereby the district board agrees to render services to or for such19 agency in exchange for a charge reasonably calculated to cover the cost of20 rendering such service. This authority is to be limited to services vol-21 untarily rendered and voluntarily received and shall not apply to services22 required by statute, rule, and regulation or by standards promulgated pur-23 suant to this chapter or chapter 1, title 39, Idaho Code.24 (5) To deposit all moneys or payment received or collected by gift,25 grant, devise, or any other way to the respective division or subaccount of26 the public health district in the public health district fund authorized by27 section 39-422, Idaho Code.28 (6) To establish a fiscal control policy.29 (7) To cooperate with the state board of health and welfare, the depart-30 ment of health and welfare, the board of environmental quality, and the de-31 partment of environmental quality.32 (8) To enter into contracts with other governmental agencies, and this33 chapter hereby authorizes such other agencies to enter into contracts with34 the health district, as may be deemed necessary to fulfill the duties imposed35 upon the district in providing for the health of the citizens within the dis-36 trict.37 (9) To purchase, exchange, or sell real property and construct, rent,38 or lease such buildings as may be required for the accomplishment of the39 duties imposed upon the district and to further obtain such other personal40 property as may be necessary to its functions.41 (10) To accept, receive, and utilize any gifts, grants, or funds and42 personal and real property that may be donated to it for the fulfillment of43 the purposes outlined in this chapter.44 (11) To establish a charge whereby the board agrees to render services45 to or for entities other than governmental or public agencies for an amount46 reasonably calculated to cover the cost of rendering such services.47 (12) To enter into a lease of real or personal property as lessor or48 lessee, or other transaction, with the Idaho health facilities authority for49 a term not to exceed ninety-nine (99) years upon a determination by the dis-50

7 trict board that the real or personal property to be leased is necessary for1 the purposes of the district and to pledge nontax revenues of the district2 to secure the district's obligations under such leases. For the purposes of3 this chapter, a public health district is not a subdivision of the state and4 shall be considered an independent body corporate and politic pursuant to5 section 1, article VIII of the constitution of the state of Idaho and is not6 authorized hereby to levy taxes or to obligate the state of Idaho concerning7 such financing.8 (13) To administer and certify solid waste disposal site operations,9 closure, and post-closure procedures established by statute or regulation10 in accordance with the provisions of chapter 74, title 39, Idaho Code, in11 a manner equivalent to the site certification process set forth in section12 39-7408, Idaho Code.13 (14) (13) To select a board member to serve as trustee on the board of14 trustees of the Idaho district boards of health.15

SECTION 3. That Section 39-7401, Idaho Code, be, and the same is hereby16 amended to read as follows:17 39-7401. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature18 finds:19 (a) That adverse public health and environmental impacts can result20 from the improper land disposal of solid waste and that the need for es-21 tablishing safe sites with adequate capacity for the disposal of solid22 waste is a matter of statewide concern and necessity; and23 (b) That the resource conservation and recovery act, (42 U.S.C. sec.24 6901, et seq.), as amended, and regulations adopted pursuant thereto,25 establish complex, detailed, and costly provisions for the location,26 design, operation, and monitoring of solid waste disposal sites, in-27 cluding such sites as may be operated pursuant to the responsibility es-28 tablished in chapter 44, title 31, Idaho Code; and29 (c) That a state program to implement flexible standards provided in30 40 CFR 258, if approved by the U.S. environmental protection agency,31 enables a state to take advantage of site specific factors in the de-32 sign and, operation, closure, post-closure, and financial assurance of33 solid waste facilities and flexibility in meeting federal criteria set34 forth in that regulation; and35 (d) That 40 CFR 258 provides that such a program of flexible standards36 requires approvals by a designated state agency; and37 (e) That chapter 1, title 39, Idaho Code, vests the Idaho department of38 environmental quality with the responsibility to issue a certificate of39 suitability concerning prospective solid waste landfill sites, to ap-40 prove solid waste facility design and ground water monitoring programs,41 and to provide approvals pursuant to 40 CFR 258; and42 (f) That chapter 44, title 31, Idaho Code, imposes on the counties the43 primary responsibility for the development and operation of a solid44 waste management system; and45 (g) That chapter 4 74, title 39, Idaho Code, vests the health districts46 Idaho department of environmental quality with the primary responsi-47 bility for the review and approval of solid waste facility operations48

8 plans operations, closure, post-closure, and corrective action plans,1 and the enforcement of solid waste management operations; and2 (h) That the coordination and timeliness of response to federal law on3 the part of all public officials within the state is critical to compli-4 ance with federal regulations, the ability of each affected agency to5 carry out their statutory responsibilities, and the avoidance of exces-6 sive construction and public expenditures.7 (2) Therefore, it is the intent of the legislature to establish a8 program of solid waste management which complies with 40 CFR 258 federal9 regulations and facilitates the incorporation of flexible standards in10 facility design and, operations , closure, post-closure, and corrective ac-11 tion. The legislature hereby establishes the solid waste disposal standards12 and procedures outlined herein and a facility approval process for the state13 of Idaho, the political subdivisions thereof, and any private solid waste14 disposal site owner in order to facilitate the development and operation of15 solid waste disposal sites, to effect timely and responsible completion of16 statutory duties, and to ensure protection of human health and the environ-17 ment, to and protect the air, land, and waters of the state of Idaho.18

SECTION 4. That Section 39-7402, Idaho Code, be, and the same is hereby19 amended to read as follows:20 39-7402. APPLICABILITY. (1) The standards and procedures set forth in21 this chapter apply to owners and operators of new municipal solid waste land-22 fill (MSWLF) units, existing MSWLF units, and lateral expansions of existing23 MSWLF units, except as otherwise specifically provided.24 (2) The requirements of this chapter do not apply to MSWLF units that25 ceased to accept waste on or prior to October 9, 1991.26 (3) MSWLF units that receive waste after October 9, 1991, but stop27 receiving waste in conformance with the provisions of 40 CFR 258.1(d), are28 exempt from the requirements of this chapter, except as expressly provided29 herein.30 (4) All MSWLF units that receive waste on or after October 9, 1993, must31 comply with all of the requirements of this chapter, unless otherwise al-32 lowed in 40 CFR 258.1(d), (e), or (f).33 (5) MSWLF units failing to satisfy these standards shall cease oper-34 ation and shall not accept municipal solid waste for disposal by order of35 the department of environmental quality and/or the district health depart-36 ment until provisions of this chapter are complied with, unless a compliance37 schedule or corrective action plan has been approved by the director of the38 department of environmental quality and/or the district health department.39 (6) MSWLF units failing to satisfy the requirements set forth in this40 chapter are considered open dumps for purposes of state solid waste manage-41 ment planning and are prohibited under section 4005 of RCRA.42 (7) MSWLF units containing sewage sludge and which fail to satisfy the43 criteria set forth in 40 CFR 258 violate sections 309 and 405(e) of the clean44 water act.45

SECTION 5. That Section 39-7403, Idaho Code, be, and the same is hereby46 amended to read as follows:47

9 39-7403. DEFINITIONS. As used in this chapter:1 (1) "Active portion" means that part of a facility or unit that has re-2 ceived or is receiving wastes and that has not been closed in accordance with3 40 CFR 258.60.4 (2) "Agricultural wastes" means wastes generated on farms resulting5 from the production of agricultural products including, but not limited6 to, manures and carcasses of dead animals weighing each or collectively in7 excess of fifteen (15) pounds but do does not include wastes that are clas-8 sified as hazardous.9 (3) "Applicant" means the owner or the operator with the owner's writ-10 ten consent.11 (4) "Aquifer" means a geological formation, group of formations, or a12 portion of a formation capable of yielding significant quantities of ground13 water to wells or springs.14 (5) "Board" means the Idaho board of environmental quality.15 (6) "Buffer zone" means that part of a facility that lies between the16 active portion and the property boundary.17 (7) "Clean soils and clean dredge spoils" means soils and dredge spoils18 which are not hazardous wastes or problem wastes as defined in this section19 and do not pose a significant risk to human health or the environment.20 (8) "Co-located waste facilities" or "CWF" means facilities that ac-21 cept both household waste and nonmunicipal solid waste in separate waste22 management units on geographically contiguous property that, separately,23 are subject to the provisions of this title and rules promulgated pursuant24 thereto.25 (8) (9) "Commercial solid waste" means all types of solid waste gener-26 ated by stores, offices, restaurants, warehouses, and other nonmanufactur-27 ing activities, excluding residential and industrial wastes.28 (9) "Commercial solid waste facility" means a facility owned and oper-29 ated as an enterprise conducted with the intent of making a profit by any in-30 dividual, association, firm, or partnership for the disposal of solid waste,31 but excludes a facility owned or operated by a political subdivision, state32 or federal agency, municipality or a facility owned or operated by any in-33 dividual, association, firm or partnership exclusively for the disposal of34 solid waste generated by such individual, association, firm or partnership.35 (10) "Construction/demolition waste" means the waste building materi-36 als, packaging, and rubble resulting from construction, remodeling, repair,37 and demolition operations on pavements, houses, commercial buildings, and38 other structures. Such waste includes, but is not limited to, bricks, con-39 crete, other masonry materials, soil, rock, lumber, road spoils, rebar,40 paving materials, and tree stumps. Noninert wastes and asbestos wastes are41 not considered to be demolition waste for the purposes of this chapter.42 (11) "Contaminate" means to allow discharge of a substance from a land-43 fill that would cause:44 (a) The concentration of that substance in the ground water to exceed45 the maximum contamination level (MCL) specified in 40 CFR 258.40, Idaho46 drinking water standards or federal regulations; or47 (b) A statistically significant increase in the concentration of that48 substance in the ground water where the existing concentration of that49

10 substance exceeds the maximum contamination level specified in para-1 graph (a) of this subsection; or2 (c) A statistically significant increase above background in the con-3 centration of a substance which:4 (i) is Is not specified in paragraph (a) of this subsection; and5 (ii) is Is a result of the disposal of solid waste; and6 (iii) has Has been determined by the department to present a sub-7 stantial risk to human health or the environment in the concentra-8 tions found at the point of compliance.9 (12) "County" means any county in the state of Idaho.10 (13) "Cover material" means soil or other suitable material that is used11 to protect the active portion of the MSWLF unit.12 (14) "Department" means the Idaho department of environmental quality.13 (14) (15) "Director" means the director of the Idaho department of envi-14 ronmental quality.15 (15) (16) "Existing MSWLF unit" means any municipal solid waste land-16 fill unit that is receiving solid waste as of the applicable date specified17 in 40 CFR 258.1(e).18 (16) (17) "Facility" means all contiguous land and structures, buffer19 zones, and other appurtenances and improvements on the land used for the dis-20 posal of solid waste.21 (17) (18) "Floodplain" means the area encompassed by the one hundred22 (100) year flood as defined by applicable federal emergency management23 agency (FEMA) flood insurance maps or, if no map exists, then as defined in24 40 CFR 258.11.25 (18) (19) "Ground water" means water below the land surface in a zone of26 saturation.27 (19) "Health district" means one (1) of the seven (7) district health28 departments of the state of Idaho.29 (20) "Holocene fault" means a fault characterized as a fracture or a30 zone of fractures in any material along which strata on one (1) side have been31 displaced with respect to that on the other side and holocene being the most32 recent epoch of the quaternary period, extending from the end of the pleis-33 tocene epoch to the present.34 (21) "Household waste" means any solid waste, including garbage, trash,35 and sanitary waste in septic tanks, derived from households, including36 single and multiple residences, hotels and motels, bunkhouses, ranger sta-37 tions, crew quarters, campgrounds, picnic grounds, and day use recreation38 areas.39 (22) "Industrial solid waste" means solid waste generated by manufac-40 turing or industrial processes that is not a hazardous waste regulated under41 subtitle C of RCRA. Such waste may include, but is not limited to, waste42 resulting from the following manufacturing processes: electric power gen-43 eration; fertilizer and agricultural chemicals; food and related products44 and byproducts; inorganic chemicals; iron and steel manufacturing; leather45 and leather products; nonferrous metals manufacturing/foundries; organic46 chemicals; plastics and resins manufacturing; pulp and paper industry;47 rubber and miscellaneous plastic products; stone, glass, clay and con-48 crete products; textile manufacturing; transportation equipment; and water49 treatment. This term does not include mining waste or oil and gas waste.50

11 (23) "Inert wastes" means noncombustible, nonhazardous, nonputresci-1 ble, nonleaching solid wastes that are likely to retain their physical and2 chemical structure under expected conditions of disposal, including resis-3 tance to biological attack.4 (24) "Landfill" means an area of land or an excavation in which wastes5 are placed for permanent disposal, and that is not a land application unit,6 surface impoundment, injection well, or waste pile.7 (25) "Landspreading disposal facility" or "land application unit"8 means a facility that applies sludges or other solid wastes onto or in-9 corporates solid waste into the soil surface, excluding manure spreading10 operations, at greater than agronomic rates, and soil conditioners, and11 immobilization rates.12 (26) "Lateral expansion" means a horizontal expansion of the waste13 boundaries of an existing MSWLF unit.14 (27) "Leachate" means a liquid that has passed through or emerged from15 solid waste and contains soluble, suspended, or miscible materials removed16 from such waste.17 (28) "Limited purpose landfill" means a landfill that receives solid18 waste of limited type with known and consistent composition other than wood19 wastes, municipal solid household waste, inert waste, and construction/de-20 molition waste.21 (29) "Liquid waste" is as defined in 40 CFR 258.28(c)(1).22 (30) "Monofill" means a landfill which contains a specific waste whose23 waste stream characteristics remain unchanged over time and may include spe-24 cial wastes, problem wastes or other consistent characteristic wastes but25 do does not include wastes regulated under any other applicable regulations26 regulation.27 (31) "Municipal solid waste landfill unit (MSWLF)" or "MSWLF" means a28 discrete area of land or an excavation that receives household waste, and29 that is not a land application unit, surface impoundment, injection well, or30 waste pile, as those terms are defined under in 40 CFR 257.2. A MSWLF unit31 also may receive other types of RCRA subtitle D wastes, such as commercial32 solid waste, nonhazardous sludge, conditionally exempt small quantity gen-33 erator waste, and industrial solid waste. Such a landfill may be publicly34 or privately owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF35 unit, or a lateral expansion.36 (32) "New MSWLF unit" means any municipal solid waste landfill unit that37 has not received waste prior to October 9, 1993, or prior to October 9, 1995,38 if the MSWLF unit meets the conditions specified in 40 CFR 258.1(f)(1).39 (33) "No potential for migration" means the geologic formation beneath40 the site and above the uppermost aquifer has sufficient hydrogeological41 characteristics and holding capacity adequate to contain all hazardous con-42 stituents generated during the active life, closure, and post-closure care43 periods.44 (34) "Nonmunicipal solid waste" or "NMSW" means a solid waste that is45 not mixed with household waste and not excluded by statute or rule.46 (35) "Nonmunicipal solid waste landfill" or "NMSWLF" means a landfill47 that accepts only nonmunicipal solid waste.48 (33) (36) "Open burning" means the combustion of solid waste without:49

12 (a) control Control of combustion air to maintain adequate temperature1 for efficient combustion;2 (b) containment Containment of the combustion reaction in an enclosed3 device to provide sufficient resident time and mixing for complete com-4 bustion; and5 (c) control Control of the emission of the combustion products.6 (37) "Operations plan" means the written plan developed by an owner or7 operator of an MSWLF unit detailing how the facility is to be operated during8 its active life, during closure, and throughout the post-closure period.9 (34) (38) "Operator" means the person(s) responsible for the overall10 operation of a facility or part of a facility.11 (35) (39) "Owner" means the person(s) who owns a facility or part of a12 facility.13 (36) (40) "Permeability" means the capacity of a material to transmit a14 liquid. For the purposes of this chapter permeability is expressed in terms15 of hydraulic conductivity of water in centimeters-per-second units of mea-16 surement.17 (37) (41) "Person" means an individual, association, firm, partner-18 ship, political subdivision, public or private corporation, state or fed-19 eral agency, municipality, industry, or any other legal entity whatsoever.20 (38) (42) "Pile" or "waste pile" means any noncontainerized solid, non-21 flowing waste that is accumulated for treatment or storage.22 (39) "Plan of operation" means the written plan developed by an owner or23 operator of a MSWLF unit detailing how the facility is to be operated during24 its active life, during closure, and throughout the post closure period.25 (40) (43) "Point of compliance" means a vertical surface located at the26 hydraulically downgradient intercept with the uppermost aquifer at which a27 release from a waste management unit measured as change in constituent val-28 ues will trigger assessment monitoring. Point of compliance shall be used to29 define the facility design, location, and frequency of ground water monitor-30 ing wells and corrective action.31 (41) (44) "Post-closure" means the requirements placed upon the MSWLF32 unit after closure to ensure their environmental safety for a thirty (30)33 year period or until the site becomes stabilized in accordance with section34 39-7416, Idaho Code this chapter.35 (42) (45) "Processing" means an operation conducted on solid waste to36 prepare it for disposal.37 (43) (46) "Qualified professional" means a licensed professional ge-38 ologist or licensed professional engineer, as appropriate, holding current39 professional registration in compliance with applicable provisions of the40 Idaho Code.41 (44) (47) "RCRA" means the resource conservation and recovery act, (4242 U.S.C. sec. 6901 et seq.), as amended.43 (45) (48) "Run-off" means any rainwater, leachate, or other liquid that44 drains over land from any part of a facility.45 (46) (49) "Run-on" means any rainwater, leachate, or other liquid that46 drains over land onto any part of a facility.47 (47) (50) "Saturated zone" means that part of the earth's crust in which48 all voids are filled with water.49

13 (48) (51) "Septage" means a semisolid consisting of settled sewage1 solids combined with varying amounts of water and dissolved materials gener-2 ated from a septic tank system.3 (49) (52) "Sludge" means any solid, semisolid, or liquid waste gen-4 erated from a municipal, commercial, or industrial waste water treatment5 plant, water supply treatment plant, or air pollution control facility,6 exclusive of the treated effluent from a waste water treatment plant.7 (50) (53) "Solid waste" means any garbage or refuse, sludge from a8 waste water treatment plant, water supply treatment plant, or air pollution9 control facility and other discarded material including solid, liquid,10 semisolid, or contained gaseous material resulting from industrial, commer-11 cial, mining, and agricultural operations and from community activities,12 but does not include solid or dissolved materials in domestic sewage, or13 solid or dissolved materials in irrigation return flows or industrial dis-14 charges that are point sources subject to permit under 33 U.S.C. 1342, or15 source, special nuclear, or byproduct material as defined in the atomic16 energy act of 1954, as amended (68 Stat. 923). These regulations shall not17 apply to the following solid wastes. Solid waste does not include:18 (a) Overburden, waste dumps, and low-grade stockpiles from mining op-19 erations;20 (b) Liquid wastes whose discharge or potential discharge is regulated21 under federal, state, or local water pollution permits;22 (c) Hazardous wastes, as designated in the hazardous waste management23 act, chapter 44, title 39, Idaho Code;24 (d) Wood waste used for ornamental, animal bedding, mulch and plant25 bedding and road building purposes;26 (e) Agricultural wastes, limited to manures and crop residues, re-27 turned to the soils at agronomic rates;28 (f) Clean soils and clean dredge spoils as otherwise regulated under29 section 404 of the federal clean water act (PL 95-217);30 (g) Septage taken to a sewage treatment plant permitted by either the31 U.S. environmental protection agency or the department; and32 (h) Wood debris resulting from the harvesting of timber and the dis-33 posal of which is permitted under pursuant to chapter 1, title 38, Idaho34 Code.;35 (i) Solid or dissolved materials in domestic sewage;36 (j) Solid or dissolved materials in irrigation return flows;37 (k) Industrial discharges that are point sources subject to permit un-38 der 33 U.S.C. 1342; and39 (l) Source, special nuclear, or byproduct material as defined in the40 atomic energy act of 1954, as amended.41 (51) (54) "Special waste" means those wastes which require special42 treatment or handling after it arrives arrival at the disposal site. The43 term includes, including but is not limited to, asbestos containing ma-44 terial, petroleum contaminated soils, low-level PCB containing material,45 low-level dioxin containing material, and uncut unprocessed tires.46 (52) (55) "Statistically significant" means significant as determined47 by ANOVA analysis of variance as applied within 40 CFR 258.53(h)(2) or as48 provided by 40 CFR 258.53(g)(5) a statistical test method outlined in 40 CFR49

14 258.53(g) or by another method that meets the requirements provided by 40 CFR1 258.53(h).2 (53) (56) "Uppermost aquifer" means the geological formation nearest3 the natural ground surface that is an aquifer as well as lower aquifers that4 are hydraulically interconnected with this aquifer within the facility's5 property boundary.6 (54) (57) "Waste management unit boundary" means a vertical surface lo-7 cated at the hydraulically downgradient limit of the unit. This vertical8 surface extends down into the uppermost aquifer.9 (55) (58) "Water quality standard" means a standard set for maximum al-10 lowable contamination in surface waters and ground water as set forth in the11 water quality standards for waters for the state of Idaho.12 (56) (59) "Wetlands" is as defined in 40 CFR 232.2(r) by federal law or13 regulations.14 (57) (60) "Wood waste" means solid waste consisting of wood pieces or15 particles generated as a byproduct or waste from the manufacturing of wood16 products, handling and storage of raw materials and trees and stumps. This17 includes, but is not limited to, sawdust, chips, shavings, bark, pulp, hog18 fuel and log yard waste, but does not include wood pieces or particles con-19 taining chemical preservatives such as creosote, pentachlorophenol, or cop-20 per-chrome-arsenate.21 Undefined terms shall be given their usual and ordinary meaning within22 the context of the provisions of this chapter.23

SECTION 6. That Section 39-7404, Idaho Code, be, and the same is hereby24 amended to read as follows:25 39-7404. CONSISTENCY WITH FEDERAL LAW -- STATUS OF APPENDICES. (1) The26 legislature intends that the state of Idaho enact and carry out a solid waste27 program that will enable the state to achieve approved state status with re-28 spect to solid waste disposal facility regulation from the federal govern-29 ment.30 (2) The legislature finds that subtitle D of RCRA, and in particular31 the code of federal regulations, title 40, part 257 and 258, establish com-32 plex, detailed, and costly provisions for the disposal of solid waste. By33 the provisions of this chapter, the legislature desires to avoid duplicative34 or conflicting state and federal regulatory systems and allow local MSWLF35 unit owners the maximum flexibility possible under 40 CFR 257 and 258 federal36 regulations, to meet the substantive goals of protection of human health and37 the environment with consideration for actual site and climatic conditions.38 At any time that 40 CFR 257 or 40 CFR 258 is applicable federal law or regu-39 lations are amended, any additional flexibility or extension otherwise pro-40 hibited by this chapter shall be allowed as applicable.41 (3) The board may not promulgate any rule pursuant to this act chapter42 that would impose conditions or requirements more stringent or broader in43 scope than the referenced RCRA regulations of the United States environmen-44 tal protection agency or the provisions of this chapter. Until regulations45 are adopted, agency conclusions in appendix B through appendix H, inclusive,46 per the "Federal Register" of October 9, 1991, or the solid waste disposal47 technical manual published by the United States environmental protection48

15 agency in November 1993 and revised in April 1998, shall be used for techni-1 cal guidance for relevant provisions of this chapter.2

SECTION 7. That Section 39-7406, Idaho Code, be, and the same is hereby3 amended to read as follows:4 39-7406. RESPECTIVE ROLES OF COUNTY, AND DIRECTOR AND HEALTH DISTRICT5 -- LIBERAL CONSTRUCTION. (1) The county, and director and health district6 each perform key roles in statewide solid waste management. Principal ju-7 risdiction for the various functions of solid waste regulation and manage-8 ment as it pertains to site selection, development, operation, and closure9 shall be carried out as outlined herein:10 (a) Each county may select a solid waste landfill site or sites, eval-11 uate said site(s) for compliance with site certification criteria,12 develop design plans for construction and operation of MSWLF unit(s),13 including ground water monitoring programs, provide for public re-14 view of its site certification, facility design and operations plans15 through the conduct of a twenty-eight (28) day any public comment period16 conducted pursuant to this chapter, publish legal notices, serve as17 the repository of funds established for financial assurance, cooperate18 with the director and district to construct and operate a solid waste19 disposal system which protects human health and the environment, and20 perform such other solid waste related duties as may be specified in21 chapter 44, title 31, Idaho Code;22 (b) The director shall interact:23 (i) Interact and cooperate with federal agencies to secure ap-24 proved state status concerning solid waste programs, administer;25 (ii) Administer the site selection process by requiring an owner26 to certify, through such professional documentation as may be re-27 quired in this chapter, that the site is not encumbered by criti-28 cal site limitations as set forth in section 39-7407, Idaho Code,29 ascertaining that such certification has been made by a qualified30 professional, review;31 (iii) Review and approve MSWLF unit design plans, the ground water32 monitoring program, alternative daily cover and final cover, al-33 ternative closure and post-closure care requirements recommended34 to the director for approval by the district, financial assurance,35 and any other approvals required in by this chapter or 40 CFR 258,36 prepare and/or;37 (iv) Prepare and adopt such regulations as may be necessary to im-38 plement the provisions of this chapter, and cooperate;39 (v) Cooperate in actual site monitoring and corrective action40 programs; and41 (c) (vi) The health district shall ascertain that Ensure opera-42 tions standards are met, prepare and/or;43 (vii) Prepare and adopt technical guidance, review and recommend44 approval of alternative operating, closure and post-closure re-45 quirements to the director, and review; and46 (viii) Review and enforce all aspects of operation, closure, and47 post-closure except as specified above.48

16 (d) (c) All approvals required by 40 CFR 258 shall be obtained by the1 owner and/or applicant; and all provisions of 40 CFR 258 which provide2 for flexibility may be obtained by the owner and/or applicant; and the3 director shall have the authority to grant all such approvals in accor-4 dance with the provisions of this chapter, the duty to make a determina-5 tion that an application meets standards or provides an acceptable al-6 ternative, and the duty to approve or disapprove the application in a7 timely manner prescribed in this chapter.8 (2) This chapter shall be liberally construed to allow these public en-9 tities having jurisdiction to perform their respective roles to protect hu-10 man health and the environment through expeditious and technically proper11 solid waste management practices, while recognizing the authority of local12 governments to act in their governmental capacity to perform the duties pre-13 scribed in chapter 44, title 31, Idaho Code.14

SECTION 8. That Section 39-7408, Idaho Code, be, and the same is hereby15 amended to read as follows:16 39-7408. SITE CERTIFICATION PROCEDURE. (1) It shall be the responsi-17 bility of each applicant to obtain site certification from the director. The18 site certification process is hereby established to ascertain compliance19 with the requirements of section 39-7407, Idaho Code.20 (2) The site certification procedure shall be administered in the fol-21 lowing manner: accordance with the provisions of this chapter and rules pro-22 mulgated pursuant thereto.23 (a) Prior to submittal of the application, the applicant may conduct a24 site tour for the director, health district and all other public agen-25 cies with jurisdiction to familiarize the agencies with characteris-26 tics of the site and site surroundings.27 (b) The applicant may then submit an application to the director. The28 application shall address each of the criteria set forth in section29 39-7407, Idaho Code, explaining the technical findings regarding each.30 (c) Wherever technical evaluation of relevant information is required,31 a qualified professional, as appropriate, shall certify compliance32 with the requisite criteria.33 (d) When the application is submitted to the director, the applicant34 shall publish legal notice of submittal of the application in the news-35 paper published in the county as determined by the criteria in section36 31-819, Idaho Code, and shall make the application available for public37 inspection and copying. The date of publication of such notice shall38 begin a twenty-eight (28) day comment period during which written com-39 ments concerning the application may be submitted to the director.40 (e) The director shall act upon the application within twenty-one (21)41 days of the end of the comment period set forth above and shall enter a42 decision either certifying the site or rejecting the application. The43 director shall review the site certification application, not contra-44 vening the opinion of the applicant's qualified professional(s) with-45 out reliable empirical evidence that the affirmations in the applica-46 tion are erroneous. Upon finding that the criteria of section 39-7407,47 Idaho Code, have been affirmed by qualified professionals, the direc-48 tor shall certify the site. Any rejection of a site certification ap-49

17 plication shall be accompanied by findings in writing expressly stat-1 ing the criteria insufficiently documented and/or violated and the evi-2 dence relied upon in making such determination. Failure of the director3 to act within twenty-one (21) days shall constitute site certification.4 An applicant shall be provided an opportunity to appeal any denial of5 certification.6 (f) (3) Site certification is transferable with ownership of the site.7 (g) Within ten (10) working days of receipt of certification from the8 director, the applicant shall publish notice in the newspaper provided9 for in subsection (d) of this section, informing the public that certi-10 fication of the site has been approved.11

SECTION 9. That Section 39-7408A, Idaho Code, be, and the same is hereby12 repealed.13

SECTION 10. That Section 39-7408B, Idaho Code, be, and the same is14 hereby repealed.15

SECTION 11. That Section 39-7408C, Idaho Code, be, and the same is16 hereby repealed.17

SECTION 12. That Section 39-7408D, Idaho Code, be, and the same is18 hereby repealed.19

SECTION 13. That Chapter 74, Title 39, Idaho Code, be, and the same is20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-21 ignated as Section 39-7409, Idaho Code, and to read as follows:22 39-7409. CO-LOCATED WASTE FACILITIES. (1) An applicant may submit a23 combined application for a CWF pursuant to the provisions of this chapter.24 (2) A single notice of approval for a CWF shall be issued by the director25 pursuant to the provisions of this chapter.26 (3) The review and approval process shall be administered in accordance27 with the provisions of this chapter and rules promulgated pursuant thereto28 that are applicable to the applicant's CWF design and operations.29 (4) Co-located waste facilities shall be subject to the annual inspec-30 tion fee assessed on municipal solid waste landfills and shall be subject to31 tonnage fees in an amount equal to the waste that is disposed in the municipal32 solid waste landfill portion of the co-located facility.33

SECTION 14. That Section 39-7409, Idaho Code, be, and the same is hereby34 amended to read as follows:35 39-7409 39-7410. STANDARDS FOR DESIGN. (1) Applicability. These36 standards apply to new MSWLF units and lateral expansions of existing facil-37 ities as provided in 40 CFR 258.40.38 (2) Liner designs. An application shall indicate the liner design that39 will be used in each phase of construction. All owners or operators of MSWLF40 units shall use one (1) or more of the following designs, in combination or41 alone:42

18 (a) Composite liner design. A composite liner design, as provided un-1 der 40 CFR 258.40(b) and shall include that includes a leachate collec-2 tion system as provided under 40 CFR 258.40(a)(2); or3 (b) Alternate liner design. A site-specific alternate liner de-4 sign based upon environmental performance, as allowed under 40 CFR5 258.40(a)(1), which will ensure that the concentration values listed6 in table 1, 40 CFR 258.40, or as amended, will not be exceeded in the7 uppermost aquifer at the relevant point of compliance. This design8 shall demonstrate consideration of site specific factors as provided9 in 40 CFR 258.40(c) and shall include a leachate collection system as10 provided under 40 CFR 258.40(a)(2); or11 (c) Arid design. A site-specific arid design based upon environmen-12 tal performance, as allowed under 40 CFR 258.40(a)(1) which will ensure13 that the concentration values listed in table 1, 40 CFR 258.40, or as14 amended, will not be exceeded in the uppermost aquifer at the relevant15 point of compliance. This design shall use both field collected data16 and predictions that maximize contaminant migration for demonstrating17 no potential for migration. This design will apply to locations having18 less than twenty-five (25) inches of precipitation annually, net evapo-19 rative losses greater than thirty (30) inches annually, and holding ca-20 pacity in native soils greater than annual absorbance; and only applies21 if:22 (i) solid Solid waste is deposited no less than fifty (50) feet23 above the seasonal high level of ground water in the uppermost24 aquifer;25 (ii) the The geologic formation beneath the site and above the up-26 permost aquifer must have capillary capacities greater than the27 projected maximum volume of leachate generated during the active28 life of the MSWLF unit; and29 (iii) "no potential for migration" is demonstrated when the geo-30 logic formation beneath the site and above the uppermost aquifer31 has sufficient hydrogeological characteristics and holding ca-32 pacity adequate to contain all hazardous constituents generated33 during the active life, closure and post-closure care periods. No34 potential for migration is demonstrated; and35 (iv) The location has less than twenty-five (25) inches of precip-36 itation annually, net evaporative losses greater than thirty (30)37 inches annually, and a holding capacity in native soils greater38 than annual absorbance.39 (3) Point of compliance. For each MSWLF unit, the relevant point of40 compliance shall be set by a qualified professional by criteria contained41 in 40 CFR 258.40(d)(1) through (d)(8), inclusive, subject to approval by the42 director.43 (4) Leachate discharge shall comply with permitted discharge require-44 ments under the federal clean water act (PL 95-217) and federal storm water45 discharge regulations (40 CFR part 122).46

SECTION 15. That Section 39-7410, Idaho Code, be, and the same is hereby47 amended to read as follows:48

19 39-7410 39-7411. GROUND WATER MONITORING DESIGN. (1) Applicability.1 These requirements apply This section applies to MSWLF units except:2 (a) When the MSWLF unit meets the conditions for exemption provided for3 in 40 CFR 258.1(f); provided however, that the director may, at his dis-4 cretion, require monitoring of a MSWLF unit which meets the conditions5 for exemption in 40 CFR 258.1(f), if necessary to protect ground water6 resources. If the director does require ground water monitoring of such7 MSWLF unit, a method other than the ground water monitoring wells re-8 quired in this section and in 40 CFR 258.51 through 258.55 may be used to9 detect a release of contamination from the unit; or10 (b) When suspended upon demonstration, in accordance with 40 CFR11 258.50, that there is no potential for migration of hazardous con-12 stituents from the MSWLF unit to the uppermost aquifer during the active13 life of the unit and the post-closure care periods when certified by a14 qualified professional and approved by the director.15 (2) Ground water monitoring program. All ground water monitoring pro-16 grams shall be conducted in a manner consistent with the guidance of relevant17 portions of appendix F per the "Federal Register" of October 9, 1991, or the18 solid waste disposal technical manual published by the United States envi-19 ronmental protection agency in November 1993 and revised in April 1998. The20 schedule for compliance as provided by 40 CFR 258.50 shall apply unless an21 alternative schedule is approved by the director.22 (a) A ground water monitoring system must be installed that consists23 of a sufficient number of wells, installed at appropriate locations and24 depths, to conform with the requirements of 40 CFR 258.51(a) and (d).25 (b) A multiunit ground water monitoring system may be constructed in-26 stead of separate ground water monitoring systems for each MSWLF unit as27 provided in 40 CFR 258.51(b).28 (c) Monitoring wells must be cased in a manner that maintains the29 integrity of the monitoring well bore hole as provided in 40 CFR30 258.51(c). Wells must be constructed in such a manner as to prevent31 contamination of the samples, the sampled strata, and between aquifers32 and water bearing strata, and in accordance with Idaho department of33 water resources, well construction standards and the monitoring well34 standards of the national ground water association.35 (3) Point of compliance. For each MSWLF unit, the relevant point of36 compliance shall be set as a function of site and monitoring program design37 subject to the approval of the director. The relevant point of compliance38 for purposes of MSWLF unit design, well location, and corrective action39 shall be:40 (a) Located within the flow pathway(s) predicted from the results of41 the hydrogeologic investigation;42 (b) No more than one hundred fifty (150) meters downgradient from the43 waste management unit boundary;44 (c) On contiguous property owned, or otherwise subject to possessory45 rights by the MSWLF owner;46 (d) Shall be identified Identified by the qualified professional on all47 reports and documents pertaining to analysis of ground water protection48 measures; and49

20 (e) Determined in consideration of factors provided in 40 CFR1 258.40(d).2 (4) Ground water characterization, sampling and analysis require-3 ments.4 (a) (4) The ground water monitoring system must include sampling and5 analysis procedures consistent with 40 CFR 258.53.6 (b) (a) Monitoring wells shall be tested for the constituents listed in7 40 CFR 258, appendix I, plus temperature, unless otherwise authorized8 by the director as provided in 40 CFR 258.54.9 (c) (b) Background values will shall be based on an independent sample10 from each well sampled at three (3) month intervals in a one (1) year pe-11 riod.12 (5) Detection monitoring program.13 (a) (5) Detection monitoring is required throughout the active life and14 post-closure care period at MSWLF units as provided in 40 CFR 258.54 at all15 ground water monitoring wells as defined in 40 CFR 258.51(a)(1) and (a)(2)16 for constituents listed in 40 CFR 258, appendix I.17 (b) (a) Each well shall be monitored on a semiannual basis after back-18 ground characterization. Alternative constituents and sampling fre-19 quency may be approved by the director based upon considerations as de-20 fined in 40 CFR 258.54 (a)(2) and (b). Requests for alternative con-21 stituents or frequency shall be based on a report certified by a quali-22 fied professional.23 (c) (b) Each ground water sample event must include a determination of24 the ground water surface elevation, flow direction, and rate.25

SECTION 16. That Section 39-7411, Idaho Code, be, and the same is hereby26 amended to read as follows:27 39-7411 39-7412. DESIGN REVIEW PROCEDURE. (1) Design of a MSWLF unit28 shall not be reviewed until site certification has been obtained. After29 obtaining site certification, an applicant shall produce design plans and30 specifications which comply with the design standards set forth in sections31 39-7409 and 39-7410, Idaho Code this chapter. The responsibility for com-32 plying with said standards shall rest solely with the applicant of the site.33 (2) An applicant may notify the director of its intent to initiate a34 MSWLF site design and meet with the director to discuss standards, schedule,35 design process to be used and particular concerns of the director.36 (3) (2) The applicant shall conduct aerial and cadastral surveys, rel-37 evant studies, and prepare a hydrogeologic report which will satisfy stan-38 dards and other provisions in accordance with this chapter and applicable39 state regulations. Specific climatic data and verification of location re-40 strictions shall be included a preliminary investigation. In so doing, the41 applicant shall conduct aerial and cadastral surveys and perform other rel-42 evant studies to demonstrate compliance with this chapter and rules promul-43 gated pursuant thereto.44 (4) (3) The After completing the preliminary investigation, the appli-45 cant shall submit findings and a tentative design plan, including prelimi-46 nary schematic design of environmental monitoring systems to the director as47 a result of the preliminary design investigation. The submittal initiates48 a twenty-eight (28) day period for department review and comment. Concur-49

21 rent with the submittal to the director, the applicant shall publish notice1 in a newspaper of general circulation, as determined by the criteria in sec-2 tion 31-819, Idaho Code, in the county wherein the MSWLF would be located no-3 tifying the public that a preliminary design plan has been submitted to the4 director and is available for public review. The date of publication ini-5 tiates a twenty-eight (28) day period for department review and public com-6 ment. Written public comments concerning the proposed design plan shall be7 compiled by the director. The compiled public comments received by the di-8 rector and those generated by the director shall be transmitted to the owner,9 and the applicant if other than the owner, no more than thirty-five (35) days10 after the date of publication of the notice or seven (7) days after the end11 of the public comment period, whichever is later. preliminary design plan to12 the director for review and approval pursuant to this chapter. The prelimi-13 nary design plan shall include:14 (a) A hydrogeologic report;15 (b) Climatic data;16 (c) Location restrictions;17 (d) A preliminary ground water monitoring plan;18 (e) A preliminary schematic design of environmental monitoring sys-19 tems;20 (f) A preliminary schematic design of the facility; and21 (g) Such other information as is relevant or necessary to demonstrate22 compliance with the provisions of this chapter and rules promulgated23 pursuant thereto and to provide for meaningful comment by the public and24 the department.25 (5) (4) When a response is received from the director, Upon approval of26 the preliminary design by the director, the applicant may submit the facil-27 ity design, ground water monitoring program, and specifications, in a final28 design report which addresses standards established by this chapter, appli-29 cable federal regulations and other relevant provisions of state law shall30 submit a final design report to the director for review and approval pursuant31 to this chapter.32 (a) Said submittal The final design report shall include:33 (i) a A site-specific analysis of hydrogeologic conditions,;34 (ii) location Location restrictions;35 (iii) and other factors Factors relevant to long-term site in-36 tegrity, and shall address comments from the public and the direc-37 tor related to objective standards in the final design report.;38 (iv) A ground water monitoring program;39 (v) Facility design and specifications; and40 (vi) Such other information as is relevant or necessary to demon-41 strate compliance with the provisions of this chapter and rules42 promulgated pursuant thereto.43 (b) Said The submittal shall be prepared and stamped by a qualified44 professional in a manner consistent with sound professional practices.45 The submittal of this final design report initiates a fifty-six (56) day46 period for the director's review.47 (6) Concurrent with submittal to the director, the applicant shall re-48 lease the final design report, including all supporting reports, plans and49 documentation, to the extent practicable, for public comment by placing it50

22 for inspection at every public library within the county where the proposed1 MSWLF would be located. Copies of the submittal shall be made available for2 possession, at the cost of duplication, at a public location in the county3 seat of the county where the proposed MSWLF unit would be located. The ap-4 plicant shall publish notice in a newspaper of general circulation, as de-5 termined by the criteria in section 31-819, Idaho Code, in the county wherein6 the MSWLF would be located notifying the public that a final design report7 has been submitted to the director and is available for public review. Pub-8 lic comments shall be submitted, in writing, to the director within twenty-9 eight (28) days of the date of publication.10 (7) No more than fifty-six (56) days after publication of notice of sub-11 mittal, or twenty-eight (28) days after the close of an advertised public12 comment period, whichever is later, the director shall enter a decision ei-13 ther approving or disapproving the final design. The decision shall be in14 writing and shall make one (1) of the following findings:15 (a) Based upon the information submitted, design complies with appli-16 cable standards.17 (b) Based upon the information submitted, the design does not comply18 with applicable standards, setting forth with specificity the material19 standards not met or insufficiently documented.20 (c) Failure to comport with professional standards.21 Failure of the director to respond to an applicant's request for ap-22 proval in the manner provided herein shall constitute approval of the23 request. Construction shall not be initiated on a MSWLF unit until approval24 has been granted, except that construction prior to approval may be initi-25 ated prior to July 1, 1993, for a MSWLF unit which meets the design standard26 of section 39-7409(2)(a), Idaho Code. The applicant shall publish notice of27 approval in a newspaper of general circulation when affirmative or defacto28 approval is given.29 (8) Upon entering a decision of disapproval, an automatic twenty-one30 (21) day stay of proceedings shall occur unless waived by the applicant.31 During the twenty-one (21) day stay, the director and the applicant may meet32 and confer to attempt to reconcile differences. At any point during that33 twenty-one (21) day period the director and applicant can reach an accord and34 approval can be granted, with construction authorized at that point. The35 applicant can tender a written waiver of this twenty-one (21) day reconcili-36 ation period which would initiate the requirement provided for in subsection37 (9) of this section. At any time in the review process or post-decision rec-38 onciliation process the applicant and director may mutually agree to extend39 the timeframes contained herein and may resort to mediation, arbitration, or40 binding arbitration to resolve differences as they mutually see fit.41 (9) If differences are not reconciled in the period set forth in subsec-42 tion (8) of this section, the director shall notify the owner that the design43 remains disapproved. Said notice of disapproval shall incorporate the ra-44 tionale for disapproval contained in the original decision of disapproval,45 deleting any issues resolved in the post-decision reconciliation period.46 (10) Following final action by the director the applicant may file a pe-47 tition with the district court, with concurrent notice to the director, in48 the county where the proposed MSWLF would be located for expedited appellate49 review of the director's decision. The petition shall set forth the specific50

23 basis for the appeal and shall identify the legal and factual basis for con-1 testing the disapproval by the director. The director shall submit a copy2 of the entire record upon which its disapproval has been based no more than3 fourteen (14) days after the date the applicant's petition for review has4 been filed. Only information which has been available during the design re-5 view process may be used in the judicial review process.6 (11) All issues claimed as a basis of appeal by the applicant shall be7 addressed in a memorandum filed with the petition appealing disapproval by8 the director. The director shall submit a reply memorandum no later than9 fourteen (14) days after the applicant's petition for review has been filed.10 (12) Upon the record, the applicable law, the memoranda of the respec-11 tive parties, and such independent technical assistance as the court may12 find it necessary and appropriate to retain, the court shall evaluate the13 applicant's petition and the decision by the director and shall render a14 decision no more than twenty-one (21) days after the completed record, and15 accompanying memorandum, if one is filed, are submitted to the court by the16 director. The court shall sustain the director's disapproval action if17 it affirmatively finds that the record contains substantial evidence that18 the design does not comply with standards as specified pursuant to section19 39-7412(7)(b) or (c), Idaho Code. If the court finds the disapproval is20 not supported by substantial evidence in the record, it shall reverse the21 director's action and remand the matter to the director with appropriate22 instructions.23 (13) The procedure set forth in subsections (10) through (12) of this24 section are effective until January 1, 1994. On and after January 1, 1994,25 the applicant is entitled to judicial review pursuant to chapter 67, title26 52, Idaho Code. Upon waiver or expiration of the twenty-one (21) day recon-27 ciliation period, the director and the applicant shall stipulate to accel-28 erated judicial review pursuant to court approval where the ordinary review29 period provided in chapter 67, title 52, Idaho Code, may reasonably result in30 substantial increased costs to the applicant, potential violations of fed-31 eral or state environmental laws or threats to the public health and environ-32 ment.33 (5) Expansion of the site, facility, or operations, including adding a34 CWF, or addition of activities not included in the approved preliminary de-35 sign shall require the applicant to submit an application to update the pre-36 liminary design with the department for review and approval. The review and37 approval process for such applications shall depend on whether the proposed38 action is considered to be a major or minor modification.39

SECTION 17. That Section 39-7412, Idaho Code, be, and the same is hereby40 amended to read as follows:41 39-7412 39-7413. STANDARDS FOR OPERATION. Owners or operators of all42 MSWLF units shall:43 (1) Obtain site certification, design approval, and operating plan ap-44 proval prior to accepting waste;45 (1) (2) Implement a program for detecting and preventing disposal of46 regulated hazardous wastes as provided in 40 CFR 258.20;47

24 (2) (3) Provide for daily cover as provided in 40 CFR 258.21. Alterna-1 tive materials or cover frequency other than daily cover may be used only as2 specified by the MSWLF plan of operation;3 (3) (4) Provide disease vector control as provided in 40 CFR 258.22;4 (4) (5) Implement a program of routine methane monitoring and control5 as provided in 40 CFR 258.23;6 (5) (6) Ensure that MSWLF units do not violate any ambient air quality7 standard or emission standard from any emission of landfill gases, combus-8 tion or any other emission associated with a MSWLF unit as provided in 40 CFR9 258.24;10 (6) (7) Provide and control access as provided in 40 CFR 258.25;11 (7) (8) Design, construct, and maintain a run-on/run-off run-on and12 run-off control systems as provided in 40 CFR 258.26 to:13 (a) Prevent all the run-on of surface waters and other liquids result-14 ing from a maximum flow of a twenty-five (25) year storm, or snowmelt15 into the active portion of the MSWLF unit;16 (b) Control the collection of the run-off of surface waters and other17 liquids resulting from a twenty-four (24) hour, twenty-five (25) year18 storm, or snowmelt, whichever is greater, from the active portion and19 the closed portions of a MSWLF unit; and20 (c) Prevent the discharge of pollutants into waters of the United21 States and the state of Idaho as defined in 40 CFR 258.27;22 (8) (9) Prohibit the disposal of noncontainerized liquids or sludges23 containing free liquids in MSWLF units except as provided in 40 CFR 258.28;24 (9) (10) Establish an operating and recordkeeping procedure as provided25 in 40 CFR 258.29; and26 (10) (11) Comply with operating procedures established by the board for27 implementation by the districts department, which are intended to assure28 ensure operations which protect the public health and maintain the integrity29 of the landfill design.; and30 (11) (12) For MSWLF units that dispose of greater more than twenty (20)31 tons per day of municipal solid waste based on an annual average shall:32 (a) Monitor daily climatic conditions. Monitoring shall include33 precipitation including snow, evaporation, evaporative water temper-34 ature, air temperature, wind speed and direction precipitation, air35 temperature, and wind speed and direction through on-site facilities or36 a designated local weather station; and37 (b) Weigh all incoming waste or provide an equivalent method of measur-38 ing waste tonnage capable of estimating total annual solid waste ton-39 nage.40

SECTION 18. That Section 39-7413, Idaho Code, be, and the same is hereby41 amended to read as follows:42 39-7413 39-7414. OPERATIONS PLAN REVIEW. (1) Prior to operation of43 a MSWLF unit, an operations plan shall be submitted to the health district44 with jurisdiction department. It shall be the responsibility of each appli-45 cant of a MSWLF unit to certify to the health district department that the46 provisions of section 39-7412, Idaho Code, have been complied with through47 development of an operating plan operations plan complies with this chapter48 and rules promulgated pursuant thereto. No solid waste disposal facility49

25 shall accept waste without a current operating certificate from the health1 district with jurisdiction department.2 (2) The health district shall review operational plans in the same3 manner as the director reviews requests for site certification pursuant to4 section 39-7408, Idaho Code. An applicant shall provide information in the5 operations plan in sufficient detail to show compliance with the provisions6 of section 39-7412, Idaho Code, and required procedures adopted pursuant7 thereto. The same standards of review shall apply to an operations plan as8 apply to the site certification process. The health district shall accept9 certification by a qualified professional that standards of operation have10 been met upon presentation of the professional's certification of compli-11 ance and presentation of a written explanation of operational practices12 which will be undertaken to meet standards established in section 39-7412,13 Idaho Code this chapter and rules promulgated pursuant thereto.14 (3) If an operations plan provides for alternative operating criteria15 requiring approval by the director as provided in 40 CFR 258, the health dis-16 trict shall make a decision recommending approval or disapproval. Such plan17 shall be submitted by the health district to the director for his review. The18 submittal shall be accompanied by findings of fact and the recommendation19 from the health district. Proposed alternative operating criteria may be20 included in the operations plan for review and approval by the director pur-21 suant to this chapter. Alternative operating criteria may also be approved22 by submitting an application to amend the operations plan with the depart-23 ment. The review and approval process for such applications shall depend on24 whether the proposed operating criteria is considered to be a major or minor25 modification.26 (4) The director shall review the recommendation submitted by the27 health districts and shall make a decision to approve or disapprove. The28 director shall review recommendations for approval using the same stan-29 dards of review provided in section 39-7408(2)(e), Idaho Code. Expansion30 of the site, facility, or operations, including adding a CWF, or addition31 of activities not included in the approved operations plan shall require32 the applicant to submit an application to amend the operations plan with the33 department. The review and approval process for such applications shall34 depend on whether the proposed operating criteria is considered to be a major35 or minor modification.36 (5) Operations plans shall be recertified every five (5) years, at a37 minimum, pursuant to this chapter.38 (6) The review and approval process for a new operations plan, an amend-39 ment thereto, or recertification thereof shall be conducted pursuant to this40 chapter.41

SECTION 19. That Section 39-7414, Idaho Code, be, and the same is hereby42 amended to read as follows:43 39-7414 39-7415. ASSESSMENT MONITORING AND CORRECTIVE ACTION. (1)44 Applicability. These standards apply whenever a statistically significant45 increase over background has been detected for one (1) or more constituents46 listed in 40 CFR 258, appendix I or an alternative list approved in accor-47 dance with 40 CFR 258.54(a)(2).48

26 (2) Assessment monitoring programs shall be performed in accordance1 with 40 CFR 258.55.2 (3) Assessment of corrective measures shall be performed in accordance3 with 40 CFR 258.56. Pursuant to 40 CFR 258.56, the owner or operator shall4 discuss the results of the corrective measures assessment, prior to the se-5 lection of a remedy, in a public meeting with interested and affected per-6 sons.7 (4) Selection of a remedy shall be performed in accordance with 40 CFR8 258.57.9 (5) Implementation of a corrective action program shall be performed in10 accordance with 40 CFR 258.58.11

SECTION 20. That Section 39-7415, Idaho Code, be, and the same is hereby12 amended to read as follows:13 39-7415 39-7416. STANDARDS FOR CLOSURE. (1) Applicability. These14 standards apply to all MSWLF units that receive wastes on or after October 9,15 1993, except as provided by 40 CFR 258. MSWLF units that accept waste after16 October 9, 1991, but cease to accept waste prior to October 9, 1993, shall,17 at a minimum, comply with subsections (2)(a) and (3) of this section in addi-18 tion to the "sanitary landfill closure guidance" criteria as adopted by the19 health district technical guidance committee on June 8, 1990.20 (2) Cover designs. Owners or operators of MSWLF units shall install one21 (1) of the following final cover systems:22 (a) A cover as provided under in 40 CFR 258.60(a) or (b); or23 (b) The cover material must be fine-grained A cover that has a24 fine-grained cover material with intrinsic permeability no greater25 than 1 X 10-3 cm/sec and a minimum thickness of twenty-four (24) inches;26 and:27 (i) Have There is a capillary holding capacity greater than the28 projected maximum accumulated volume of water as determined by29 utilization of accepted water balance methodology based on local30 or regional twenty-five (25) year climatic records;31 (ii) Annual precipitation is less than twenty-five (25) inches32 with net evaporative losses greater than thirty (30) inches annu-33 ally;34 (iii) The top six (6) inches of the cover shall be capable of sus-35 taining shallow rooted native plant growth; and36 (iv) This design shall demonstrate The design demonstrates37 consideration of site specific factors as provided in 40 CFR38 258.60(b); or.39 (c) As provided in 40 CFR 258.60(b).40 (3) The final grade of slopes shall be greater than two percent (2%)41 unless otherwise supported by the post-closure plan and uses approved by42 the health district department, and the grade of side slopes not more than43 thirty-three percent (33%).44 (4) Closure plan preparation, placement in operating record, notice of45 intent to close, time requirements for commencement and completion of clo-46 sure activities, certification, deed notation recordation of an environmen-47 tal covenant, and removal of deed notation an environmental covenant shall48 be conducted as provided in 40 CFR 258.60(c) through (j), inclusive. The49

27 deed notation and removal of deed notation recordation and removal of an en-1 vironmental covenant shall comply with the uniform environmental covenants2 act, chapter 30, title 55, Idaho Code.3 (5) After completion and certification of an MSWLF closure, the owner4 or operator shall record an environmental covenant, pursuant to the uniform5 environmental covenants act, chapter 30, title 55, Idaho Code, on the prop-6 erty where the MSWLF is located, and its future use may be restricted in ac-7 cordance with a post-closure care plan. A copy of the environmental covenant8 shall be sent to the department after recording with the county clerk.9 (6) The review and approval process for a closure plan shall be con-10 ducted pursuant to this chapter.11 (7) The owner or operator of an MSWLF that is closing shall cause no-12 tice of closure to be published in a newspaper of general circulation in the13 county and in the immediate vicinity of the facility and shall post notice of14 closure signs at the facility's entrance. The notice shall be published and15 posted:16 (a) Between thirty (30) and ninety (90) days before the date of last re-17 ceipt of waste for a facility that has reached disposal capacity; or18 (b) Between thirty (30) and ninety (90) days before the closure, if the19 facility has remaining capacity and there is a reasonable likelihood20 that the facility will receive additional waste.21

SECTION 21. That Section 39-7416, Idaho Code, be, and the same is hereby22 amended to read as follows:23 39-7416 39-7417. STANDARDS FOR POST-CLOSURE CARE. (1) Applicability.24 Post-closure maintenance standards apply to all MSWLF units that receive25 wastes on or after October 9, 1993, except as provided by 40 CFR 258.1.26 (2) Post-closure care shall be conducted as provided under in 40 CFR27 258.61.28 (3) The review and approval process for a post-closure care plan shall29 be conducted pursuant to this chapter.30

SECTION 22. That Section 39-7417, Idaho Code, be, and the same is hereby31 amended to read as follows:32 39-7417 39-7418. FINANCIAL ASSURANCE FOR CLOSURE, POST-33 CLOSURE CARE, AND CORRECTIVE ACTION. (1) Applicability. These requirements34 shall apply to new MSWLF units, existing MSWLF units, and lateral expan-35 sions, except as exempted in 40 CFR 258.1(d) and 258.70(a).36 (2) The requirements of this section are effective April 9, 1995, ex-37 cept for MSWLF units meeting the conditions of 40 CFR 258.1(f)(1), in which38 case the effective date is October 9, 1995, or at such later date upon subse-39 quent amendment of 40 CFR 258.70 through 258.74.40 (3) All MSWLF units shall be underwritten by financial assurance provi-41 sions as provided by the following:42 (a) Closure as provided in 40 CFR 258.71;43 (b) Post-closure care as provided in 40 CFR 258.72; and44 (c) Corrective action as provided in 40 CFR 258.73.45

28 (4) The financial assurance mechanisms provided for MSWLF units shall1 include any mechanism or a combination of mechanisms meeting the criteria of2 40 CFR 258.74.3 (5) Counties may use available borrowing capability through registered4 warrants for a prearranged amount and preapproved by a lending institution5 as a financial mechanism to assure assessment monitoring and corrective ac-6 tion needs.7 (6) Subdivisions of the state may use any method provided by law to meet8 the requirements of this section.9 (7) MSWLF units owned or operated by subdivisions of the state that10 qualify under 40 CFR 258.74(f) may include any mechanism allowed to them upon11 adoption and publication.12 (8) Financial assurance funds for MSWLF units not located on federal or13 state lands shall be deposited in a county trust fund in the county in which14 the MSWLF unit is located. The county shall act as the trustee for the trust15 funds, and as named coprincipal for surety bonds, letters of credit, and in-16 surance. As trustee, the county may require an independent audit of the ad-17 equacy of the financial assurance but shall not become liable for financial18 assurance except in the case of default as otherwise defined by federal and19 state law.20 (9) The review and approval process for a financial assurance plan21 shall be conducted pursuant to this chapter.22

SECTION 23. That Section 39-7418, Idaho Code, be, and the same is hereby23 amended to read as follows:24 39-7418 39-7419. MODIFICATIONS TO SITES APPROVED UNDER THIS CHAP-25 TER. (1) The following classes of modifications to approved sites shall26 require that an owner or operator amend the approved design or ground water27 monitoring program be considered major modifications:28 (a) Lateral expansion outside the approved waste management unit29 boundary design;30 (b) Unpredictable change affecting any environmental monitoring pro-31 gram;32 (c) Change of liner design, if not equivalent to the approved prelimi-33 nary design's liner design; or34 (d) A modification of the design or operation due to initiation of cor-35 rective action and remediation.; or36 (e) Any change to operation or design that, as determined by a quali-37 fied professional and affirmed by the director, may appear to result in38 an increased risk to human health or the environment.39 (2) The following modifications shall be considered minor modifica-40 tions:41 (a) Waste processing methodologies;42 (b) Installation or decommissioning of landfill gas extraction or43 ground water monitoring wells;44 (c) Alternative daily cover practices;45 (d) Solid waste diversion programs; or46 (e) Other actions or modifications that, as determined by a qualified47 professional and affirmed by the director, will not result in an in-48 creased risk to human health or the environment.49

29 (3) The director may further define the scope of subsections (1) and (2)1 of this section by rule or other official policy document.2 (2) The scope of new investigations and plan amendment shall be defined3 by the owner, director and health district before any modification to the de-4 cision is begun. Only those stages of the applicable approval process af-5 fected by the request for modification shall be required.6 (4) The owner or operator of a facility shall apply to and obtain ap-7 proval from the director prior to implementing a major or minor modifica-8 tion.9 (5)(a) An applicant may request, in writing, that the director provide10 a preliminary determination on whether a modification is major or mi-11 nor. Such preliminary determination shall not prohibit the director12 from making a different determination after reviewing a formal major or13 minor modification application.14 (b) The director shall provide a preliminary decision within fourteen15 (14) days of receiving the request if the request is submitted with a16 summary of the proposed changes. If no such summary is provided, the17 director shall provide a preliminary decision within twenty-eight (28)18 days of receiving the request.19 (6) The review and approval process for a major or minor modification20 application shall be conducted pursuant to this chapter.21 (a) Notice of a rejected minor modification application shall be sent22 with empirical evidence that the modification will increase the risk to23 human health or the environment.24 (b) An applicant may appeal any rejection or condition of modification25 pursuant to the procedures provided in this chapter.26 (7) Approved and implemented major and minor modifications shall be ac-27 counted for in the operations plan when the plan is submitted for recertifi-28 cation. Such modifications may be accounted for prior to recertification by29 submitting an operations plan amendment with the director for review and ap-30 proval pursuant to this chapter.31

SECTION 24. That Chapter 74, Title 39, Idaho Code, be, and the same is32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-33 ignated as Section 39-7420, Idaho Code, and to read as follows:34 39-7420. REVIEW, APPROVAL, AND RECONCILIATION PROCESSES -- GENERAL35 PROVISIONS. (1) A prospective applicant may request to meet with the de-36 partment to discuss applicable standards, schedules, processes, potential37 concerns, and other information relevant to submitting an application pur-38 suant to the provisions of this chapter.39 (2)(a) Wherever technical evaluation of relevant information is re-40 quired during the application process, a qualified professional, as41 appropriate, shall certify compliance with the applicable standards.42 (b) The director shall accept certification by a qualified profes-43 sional that standards have been met upon presentation of the profes-44 sional's certification of compliance and presentation of a written45 explanation of operational practices that will be undertaken to meet46 applicable standards.47 (3) Failure of the department or director to adhere to the statutory48 deadlines provided for in this chapter shall constitute:49

30 (a) Notice that an application is determined to be complete; or1 (b) Approval of an application.2 (4) At any time in the review or reconciliation process, the applicant3 and director may agree, in writing, to:4 (a) Extend any of the statutory time frames provided for in this chap-5 ter; or6 (b) Enter into mediation or arbitration.7 (5) Upon receipt of notice of approval, the applicant shall cause no-8 tice to be published pursuant to this chapter, informing the public of such9 approval.10

SECTION 25. That Chapter 74, Title 39, Idaho Code, be, and the same is11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-12 ignated as Section 39-7421, Idaho Code, and to read as follows:13 39-7421. PUBLIC REVIEW AND APPROVAL PROCESS. (1) The process set forth14 in this section applies to the following applications:15 (a) Site certifications;16 (b) Preliminary designs;17 (c) New operations plans;18 (d) Major modifications; and19 (e) Research, development, and demonstration permits and permit re-20 newals.21 (2) Within fourteen (14) days of receiving an application, the depart-22 ment shall notify the applicant, in writing, that the application is com-23 plete or incomplete.24 (a) If the application is deemed incomplete by the department, the no-25 tice shall:26 (i) Explain the application's deficiencies;27 (ii) Identify applicable standards, requirements, and other in-28 formation relied on by the department in determining that the ap-29 plication is incomplete;30 (iii) Inform the applicant that the application can be resubmitted31 pursuant to this section; and32 (iv) State that the applicant may request a meeting with the de-33 partment to review the application, its deficiencies, and solu-34 tions thereto.35 (b) Incomplete applications can be resubmitted within one (1) year of36 the date on the department's notice. The resubmitted application shall37 address all deficiencies identified in the notice. The department38 shall have fourteen (14) days to review the resubmitted application.39 If the department determines that deficiencies remain, the department40 shall notify the applicant, in writing, that the application has been41 rejected and shall include in such notice an explanation of the defi-42 ciencies and information relied on in making such determination.43 (3)(a) Upon receipt of the department's determination that an applica-44 tion is complete, the applicant shall:45 (i) Cause notice to be published in a newspaper of general circu-46 lation in the county where the facility is located, or proposed to47 be located, once a week for two (2) consecutive weeks;48

31 (ii) Cause notice to be posted in the immediate vicinity of the fa-1 cility or proposed facility during the publication and public com-2 ment period;3 (iii) Provide written notice to the county in which the facility or4 proposed facility is located; and5 (iv) Provide a copy of such notices to the department within five6 (5) business days of the second publication.7 (b) The notice shall include:8 (i) The name and location of the facility or proposed facility;9 (ii) A general description of the proposed operations or modifi-10 cations;11 (iii) The place where the application may be reviewed; and12 (iv) Instructions directing the public to submit comments to the13 department within thirty-five (35) days of the date of the second14 publication.15 (4) Within fourteen (14) days of the end of the public comment period,16 the department shall provide the applicant with all of the public comments17 received by the department and may provide comments of its own. The ap-18 plicant may provide the department with a response to the comments within19 twenty-one (21) days of receiving the comments from the department.20 (5) Within seventy (70) days of the end of the public comment period,21 the director shall notify the applicant, in writing, that the application22 has been accepted or rejected.23 (a) When reviewing an application, the director shall:24 (i) Consider all of the comments received, including the depart-25 ment's and the applicant's, if provided; and26 (ii) Defer to the opinion of the applicant's qualified profes-27 sionals, unless there is reliable empirical evidence that the af-28 firmations in the application are erroneous.29 (b) An application shall be approved if the director determines that30 all applicable standards, requirements, and criteria of applicable31 law, rules, and regulations have been satisfied.32 (c) A rejected application shall be accompanied by written findings33 that thoroughly explain the reason for rejecting the application and34 provide the rationale, evidence, applicable standards, requirements,35 and information relied on by the director in rejecting the application.36

SECTION 26. That Chapter 74, Title 39, Idaho Code, be, and the same is37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-38 ignated as Section 39-7422, Idaho Code, and to read as follows:39 39-7422. ADMINISTRATIVE REVIEW AND APPROVAL PROCESS. (1) The process40 set forth in this section applies to the following applications:41 (a) Final design reports;42 (b) Ground water monitoring plans;43 (c) Operations plan recertifications or amendments;44 (d) Closure plans;45 (e) Post-closure care plans;46 (f) Financial assurance plans; and47 (g) Minor modifications.48

32 (2) Within fourteen (14) days of receiving an application, the depart-1 ment shall notify the applicant, in writing, that the application is com-2 plete or incomplete.3 (a) If the application is deemed incomplete by the department, the no-4 tice shall:5 (i) Explain the application's deficiencies;6 (ii) Identify applicable standards, requirements, and other in-7 formation relied on by the department in determining that the ap-8 plication is incomplete;9 (iii) Inform the applicant that the application can be resubmitted10 pursuant to this section; and11 (iv) State that the applicant may request a meeting with the de-12 partment to review the application, its deficiencies, and solu-13 tions thereto.14 (b) Incomplete applications can be resubmitted within six (6) months of15 the date on the department's notice. The resubmitted application shall16 address all deficiencies identified in the notice. The department17 shall have fourteen (14) days to review the resubmitted application.18 If the department determines that deficiencies remain, the department19 shall notify the applicant, in writing, that the application has been20 rejected and shall include in such notice an explanation of the defi-21 ciencies and information relied on in making such determination.22 (3) Within thirty-five (35) days of the date on the notice of a complete23 application, the director shall notify the applicant, in writing, that the24 application has been accepted or rejected.25 (a) When reviewing an application, the director shall defer to the26 opinion of the applicant's qualified professionals, unless there is27 reliable empirical evidence that the affirmations in the application28 are erroneous.29 (b) An application shall be approved if the director determines that30 all applicable standards, requirements, and criteria of applicable lo-31 cal, state, and federal law, rules, and regulations have been satis-32 fied.33 (c) A rejected application shall be accompanied by written findings34 that thoroughly explain the reason for rejecting the application and35 provide the rationale, evidence, applicable standards, requirements,36 and information relied on by the director in rejecting the application.37

SECTION 27. That Chapter 74, Title 39, Idaho Code, be, and the same is38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-39 ignated as Section 39-7423, Idaho Code, and to read as follows:40 39-7423. RECONCILIATION PROCESS -- ADMINISTRATIVE AND JUDICIAL RE-41 VIEW. (1) Upon notice of application rejection, an automatic twenty-one (21)42 day stay of proceedings shall commence, unless such stay is waived by the43 applicant in writing.44 (2) If, at any point during the stay, the director determines that a45 reconciled application satisfies all of the applicable standards, require-46 ments, and criteria of applicable local, state, and federal law, rules, and47 regulations, the director shall issue a notice of approval.48 (3) Upon waiver or expiration of the stay:49

33 (a) The director shall provide the applicant with a written notice1 that:2 (i) Informs the applicant that the application remains rejected;3 (ii) Includes a revised explanation of the rationale and basis for4 rejection; and5 (iii) Informs the applicant that the applicant is entitled to ju-6 dicial review pursuant to this section and chapter 52, title 67,7 Idaho Code; and8 (b) The applicant, the department, and affected persons are entitled9 to judicial review pursuant to chapter 52, title 67, Idaho Code. If ju-10 dicial review is sought by the applicant or director, the parties shall11 stipulate to accelerated judicial review pursuant to court approval12 when the ordinary review period provided in chapter 52, title 67, Idaho13 Code, may reasonably result in substantial increased costs to the ap-14 plicant, potential violations of federal or state environmental laws,15 or threats to public health and the environment.16

SECTION 28. That Chapter 74, Title 39, Idaho Code, be, and the same is17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-18 ignated as Section 39-7424, Idaho Code, and to read as follows:19 39-7424. SOLID WASTE DISPOSAL FEES. (1) In order to facilitate the20 department assuming the responsibility for the activities formerly the21 responsibility of the various public health districts, it is necessary to22 impose a system of fees upon each municipal solid waste disposal facility23 or site authorized pursuant to this chapter, or other disposal facility24 authorized by the director, to support the additional regulatory responsi-25 bilities of the department. Costs and expenses incurred by the department26 in performing the duties provided for in this chapter that were formerly the27 responsibility of the various public health districts shall be paid out of28 the solid waste regulatory fund created in this chapter. The fees imposed29 pursuant to this section shall apply to all solid waste disposed of in an30 MSWLF located within this state, whether disposal remains in state or is31 exported out of state, and regardless of whether such waste is subsequently32 mined or otherwise recovered for items of value.33 (2) Each facility subject to regulation pursuant to this chapter shall34 pay an annual inspection fee.35 (a) MSWLFs shall pay an annual inspection fee of four thousand dollars36 ($4,000).37 (b) All other solid waste facilities shall pay an annual inspection fee38 in an amount to be established by the director.39 (3) In addition to the annual inspection fee, a tonnage fee of seven40 cents ($0.07) per ton of solid waste shall be imposed. The tonnage fee shall41 be assessed only on:42 (a) Solid waste disposed of at an MSWLF in the state of Idaho; and43 (b) Solid waste accepted at a transfer station and transported for dis-44 posal at an MSWLF located outside the state of Idaho.45 (4) Applicants shall pay an application fee in an amount to be estab-46 lished by the director at the time of submitting an application to the de-47 partment. Application fees are intended to promote accountability by ensur-48 ing complete and accurate submittal and not to cover the full costs incurred49

34 by the department when carrying out its duties during application review and1 administration.2 (5) The legislature shall reevaluate the sufficiency of this section's3 fee amounts in the 2030 legislative session and shall adjust the fees accord-4 ingly, if necessary.5

SECTION 29. That Chapter 74, Title 39, Idaho Code, be, and the same is6 hereby amended by the addition thereto of a NEW SECTION, to be known and des-7 ignated as Section 39-7425, Idaho Code, and to read as follows:8 39-7425. COLLECTION OF FEES AND REPORTING. (1) The annual inspection9 fee shall be due and payable on or before October 31 of each year. The de-10 partment may adopt rules for pro-rating the annual inspection fee for new or11 closed facilities.12 (2) The tonnage fees shall be due and payable in monthly installments by13 the owner, operator, or designated employee or agent of such disposal facil-14 ity or site.15 (a) On or before the thirtieth day following the end of each monthly16 period in which the fee imposed pursuant to this chapter accrued, the17 owner, operator, or designated employee or agent shall file a return18 with the department on such forms as the department may require. The re-19 turn shall be signed and shall include:20 (i) The quantity of waste in tons for facilities with scales;21 (ii) The quantity of waste in tons, using five hundred (500)22 pounds per cubic yard, for facilities exempt from having scales;23 (iii) The amount of the fee for which the owner or operator is li-24 able for the preceding monthly period; and25 (iv) The remittance for such amount in such form required by the26 department.27 (b) The department may relieve any person from the obligation of fil-28 ing monthly returns and may instead require the return to cover other29 reporting periods, but in no event shall returns be filed for a period30 greater than three (3) months.31

SECTION 30. That Chapter 74, Title 39, Idaho Code, be, and the same is32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-33 ignated as Section 39-7426, Idaho Code, and to read as follows:34 39-7426. SOLID WASTE REGULATORY FUND. (1) There is hereby created and35 established in the state treasury the solid waste regulatory fund.36 (2) The fund shall consist of revenues from the fees imposed by this37 chapter, together with any penalties, interest, or deficiency moneys col-38 lected by the department pursuant to the provisions of this chapter, and such39 other moneys that may be provided by legislative appropriation.40 (3) Moneys in the fund and all interest earned thereon shall be kept in41 the solid waste regulatory fund and shall be expended by the department for42 the technical, legal, inspection, and administrative support necessary for43 implementing this chapter and rules promulgated to meet requirements of this44 chapter and applicable federal regulations.45

35

SECTION 31. That Section 39-7419, Idaho Code, be, and the same is hereby1 amended to read as follows:2 39-7419 39-7427. INSPECTIONS. (1) All MSWLF units shall be subject to3 routine inspection by the county, owner and director and health district in4 accordance with relevant provisions of the Idaho Code.5 (2) At intervals of not less than three (3) years, nor more than five (5)6 years, the owner, county, director and health district shall jointly conduct7 a comprehensive review of the MSWLF unit for provisions contained in this8 chapter, technical guidance, other provisions, and the plan for design and9 operation, as amended. A record of the review shall be placed in the oper-10 ating record of the MSWLF unit which shall be maintained by the owner and the11 health district with jurisdiction. Operating procedures shall be recerti-12 fied at intervals of no more than three (3) years.13 (2)(a) Facilities subject to the imposition of the fees provided for in14 this chapter shall keep complete and accurate records, including cer-15 tified scale or volume data as identified in this chapter, itemized in-16 voices, shipping papers, and manifests for all types and quantities of17 solid waste subject to the fees imposed by this chapter.18 (b) All books, documents, papers, electronic records, and other infor-19 mation required to be kept by this section shall be preserved for a pe-20 riod of at least five (5) years from the date of the record or the date of21 the entries appearing therein, unless the department, in writing, au-22 thorizes their destruction or disposal at an earlier date.23 (3) An authorized agent or employee of the department may enter any fa-24 cility or site subject to the provisions of this chapter during normal busi-25 ness hours and inspect the premises and records required to be kept pursuant26 to this section to determine whether the facility or site is in compliance27 with provisions of this chapter and rules promulgated to meet requirements28 of this chapter and applicable federal law and regulations.29 (4) Every three (3) to five (5) years, the owner and director shall30 jointly conduct a comprehensive inspection of the facility and review of the31 designs and plans to evaluate compliance with the applicable laws and regu-32 lations, identify areas of improvement, and provide technical guidance. A33 record of the review shall be kept at the facility and by the director.34 (5) The director shall inspect ground water monitoring reports and fi-35 nancial assurance documentation annually.36

SECTION 32. That Chapter 74, Title 39, Idaho Code, be, and the same is37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-38 ignated as Section 39-7428, Idaho Code, and to read as follows:39 39-7428. ADDITIONS AND PENALTIES. The additions, penalties, and re-40 quirements provided by the Idaho income tax act, sections 63-3046, 63-3075,41 63-3076, and 63-3077, Idaho Code, shall apply in the same manner and to the42 same extent to this chapter as to the Idaho income tax act and shall cover43 such additions, penalties, and requirements and shall, for this purpose, be44 described and be for acts, omissions, delinquencies, and requirements pro-45 vided in this chapter.46

36

SECTION 33. That Section 39-7420, Idaho Code, be, and the same is hereby1 amended to read as follows:2 39-7420 39-7429. VIOLATIONS AND ENFORCEMENT. (1) Failure to comply3 with the requirements established in this chapter, requirements of rules4 established pursuant to this chapter, and reasonable conditions of approval5 granted pursuant to this chapter shall be unlawful. Particularly with re-6 spect to siting and operation of a municipal solid waste landfill to satisfy7 the requirements of chapter 44, title 31, Idaho Code, enforcement should fo-8 cus upon on remediation of deficiencies, rather than punishment. Penalties9 should be imposed where practices show disregard for protection of human10 health, safety, and the environment.11 (2) Each public agency with responsibility for enforcement of require-12 ments established in this chapter may inspect, monitor, and employ such13 methods of enforcement as they may be empowered to use by statute or local14 ordinance.15 (a) (3) The director may shall apply the provisions of section 39-108,16 Idaho Code, to insure ensure compliance.17 (4) The collection and enforcement procedures available to the18 Idaho state tax commission provided by the Idaho income tax act, sections19 63-3030A, 63-3038, 63-3039, 63-3040, 63-3042 through 63-3045A, 63-304720 through 63-3065A, 63-3068, 63-3071, 63-3072, 63-3073, and 63-3078, Idaho21 Code, shall apply and be available to the department for the enforcement22 of the solid waste disposal fees and for the assessment and collection of23 any amounts due thereunder. Said sections shall, for the aforementioned24 purposes, be considered part of this chapter and wherever liens or any other25 proceedings are defined as income tax liens or proceedings, they shall, when26 applied under this chapter, be described as solid waste disposal fee liens27 and proceedings.28 (b) (5) The respective health districts or the several counties29 director may employ the use of negotiated compliance agreements, in addition30 to civil legal remedies and misdemeanor criminal penalties otherwise autho-31 rized, in order to obtain compliance with requirements established herein.32 (3) (6) Where more than one (1) public entity undertakes enforcement33 efforts to obtain compliance with the provisions of this chapter, enforce-34 ment efforts should be coordinated to the greatest extent possible to mini-35 mize conflict among requirements and costs of compliance.36 (4) (7) A private right of action in on behalf of any person who has been37 injured or damaged by any approval authorized in this chapter or violation38 of the terms of any approval or regulation authorized in this chapter may be39 maintained in accordance with the provisions of this chapter and/or the pro-40 visions of chapter 52, title 67, Idaho Code, as applicable.41 (5) If a district fails to carry out responsibilities established in42 this chapter, the director may assume the authority otherwise to be imple-43 mented by a district.44 (8) The department may be made a party in any action at law or in eq-45 uity related to this chapter by any person aggrieved by the unlawful seizure46 or sale of his property, or in any suit for refund or to recover an overpay-47 ment, but only the state of Idaho shall be responsible for any final judgment48

37 secured against the department, and said judgment shall be paid or satisfied1 out of the general fund of the state.2

SECTION 34. That Section 39-7421, Idaho Code, be, and the same is hereby3 amended to read as follows:4 39-7421 39-7430. RESEARCH, DEVELOPMENT, AND DEMONSTRATION PER-5 MITS. (1) The provisions of 42 U.S.C. 6945(c)(1)(B) and 40 CFR 258 allow6 the administrator of the United States environmental protection agency to7 approve state research, development, and demonstration permit programs.8 (2) The director shall initiate the process outlined in 40 CFR 239 by9 which the state may receive authorization to issue research, development,10 and demonstration (RDD) permits in compliance with 40 CFR 258.4 at such time11 as:12 (a) The department receives a request from any individual who expresses13 an intent to apply for an RDD permit; and14 (b) The department and requesting individual enter into a written15 agreement in which the requesting individual agrees to reimburse the16 department for the reasonable and necessary cost to make such applica-17 tion.18 (3) Upon receipt of state authorization to issue such permits, the di-19 rector may issue an RDD permit for a new MSWLF unit, existing MSWLF unit, or20 lateral expansion for which the owner or operator proposes to utilize inno-21 vative and new methods which vary from either or both of the following crite-22 ria:23 (a) The run-on control systems required by section 39-7412(7)(a),24 Idaho Code this chapter; and25 (b) The liquid restrictions in section 39-7412(8), Idaho Code pursuant26 to this chapter.27 (4) Any permit issued under subsection (3) of this section shall in-28 clude the following terms and conditions:29 (a) The MSWLF unit shall have a leachate collection system designed30 and constructed to maintain less than a thirty (30) centimeter depth of31 leachate on the liner;32 (b) Any liquids to be recirculated, injected or otherwise placed in33 the MSWLF unit shall be appropriate for the purposes of determining the34 efficacy and performance capabilities of the technology or process and35 shall be approved by the director;36 (c) The MSWLF unit owner or operator shall install and operate a land-37 fill gas collection and control system in accordance with emission con-38 trol requirements as specified in 40 CFR part 60, and, when collected39 in economically feasible volumes, landfill gas shall be used for energy40 generation.41 (5) Upon receipt of state authorization to issue such permits, the di-42 rector may issue an RDD permit for a new MSWLF unit, existing MSWLF unit,43 or lateral expansion, for which the owner or operator proposes to utilize44 innovative and new methods which vary from the final cover criteria of 4045 CFR 258.60 (a)(1), (a)(2) and (b)(1) provided the landfill owner or operator46 demonstrates that the infiltration of liquid will not cause contamination of47 ground water or surface water, or cause leachate depth on the liner to exceed48 thirty (30) centimeters.49

38 (6) Any permit issued under the provisions of this section shall in-1 clude terms and conditions at least as protective as the criteria for MSWLFs2 to assure protection of human health and the environment. Such permits3 shall:4 (a) Provide for the construction and operation of such facilities as5 necessary, for not longer than three (3) years, unless renewed as pro-6 vided in subsection (8) of this section;7 (b) Provide that the MSWLF unit must receive only those types and quan-8 tities of municipal solid waste and nonhazardous wastes which the di-9 rector deems appropriate for the purposes of determining the efficacy10 and performance capabilities of the technology or process;11 (c) Include such requirements as necessary to protect human health and12 the environment, including such requirements as necessary for testing13 and providing information to the director with respect to the operation14 of the facility;15 (d) Require the owner or operator of a an MSWLF unit permitted under16 this section to submit an annual report to the director showing whether17 and to what extent the site is progressing in attaining project goals.18 The report shall also include a summary of all monitoring and testing19 results, as well as any other operating information specified by the di-20 rector in the permit. Annual reports shall be submitted to the director21 within three (3) months after the anniversary date of the approved per-22 mit or permit renewal; and23 (e) Require compliance with all criteria in chapter 74, title 39, Idaho24 Code, except as permitted under this section.25 (7) The director may order an immediate termination of all operations26 at the facility allowed under this section or other corrective measures at27 any time the director determines that the overall goals of the project are28 not being attained including, but not limited to, protection of human health29 or the environment.30 (8) Any permit issued under the provisions of this section shall not ex-31 ceed three (3) years and each renewal of a permit shall not exceed three (3)32 years.33 (a) The total term for a permit for a project, including renewals, shall34 not exceed twelve (12) twenty-one (21) years.35 (b) During permit renewal, the applicant shall provide a detailed as-36 sessment of the project showing the status with respect to achieving37 project goals, a list of problems and status with respect to problem38 resolutions, and any other requirements that the director determines39 necessary for permit renewal.40 (c) Owners or operators requesting permit renewal shall submit the per-41 mit renewal application to the director at least six (6) months prior to42 the existing permit's expiration date.43 (9) It shall be unlawful to begin construction to implement or other-44 wise utilize the exemptions provided in this section without first receiv-45 ing a permit from the director. Permit applications will be processed in the46 following manner:47 (a) The director shall review the RDD permit application and each48 subsequent permit renewal in the same manner as the director reviews49 requests for design approval pursuant to section 39-7411, Idaho Code50

39 this chapter. An applicant shall provide information in the permit ap-1 plication in sufficient detail to address design, operating, closure,2 postclosure post-closure and financial assurance requirements.3 (b) Each permit application and permit renewal application shall re-4 quire the owner or operator to certify to the director that the infor-5 mation contained in the application is, to the best of his or her knowl-6 edge, accurate and true, and the MSWLF unit is in compliance with appli-7 cable law.8 (10) Permit review and oversight costs incurred by the department of9 environmental quality, or "department," and health district shall be re-10 imbursed by the applicant or permittee. Reimbursable review and oversight11 costs shall include, but are not limited to:12 (a) Reasonable costs associated with the director's review of a permit13 application submitted pursuant to this section, including department14 staff time and the cost of goods and services contracted by the depart-15 ment in performance of the activities described in this section;16 (b) Reasonable costs associated with the health district's review of17 portions of a permit application submitted pursuant to this section18 when such review is delegated to the health district by statute, rule,19 or agreement with the director;20 (c) (b) Reasonable costs associated with the department's and health21 district's oversight of permitted RDD units, including inspections and22 the review of annual reports, monitoring, and testing results required23 pursuant to this section or required by permit, and the processing of24 permit amendments and terminations; and25 (d) (c) All other reasonable and necessary costs of actions taken by the26 department pursuant to this section.27 (11) Reimbursable review and oversight costs incurred by the department28 and health district, as defined in subsection (10) of this section, shall be29 reimbursed as follows:30 (a) Each permit application submitted to the director pursuant to this31 section shall be accompanied by a nonrefundable fee of two hundred fifty32 dollars ($250) and an estimation of reimbursable review and oversight33 costs the department and health district may incur associated with the34 review of the permit application and oversight of the permit. Each per-35 mit renewal application submitted to the director pursuant to this sec-36 tion shall be accompanied by a nonrefundable fee of one hundred dollars37 ($100) and an estimation of reimbursable review and oversight costs the38 department and health district may incur associated with the review and39 oversight of the permit renewal.40 (b) If the department, in consultation with the health district, de-41 termines that the applicant's estimation of reimbursable review and42 oversight costs is accurate, and the submission of such funds will ad-43 equately reimburse the department and the health district for the cost44 of all review and oversight activities associated with that permit45 application or renewal application, the department shall notify the46 applicant, and the applicant shall submit to the department the full47 amount, or an installment deposit in the amount required pursuant to48 this subsection.49

40 (c) If the department, in consultation with the health district, de-1 termines that the applicant's estimation of reimbursable review and2 oversight costs is not accurate, and the submission of such funds will3 not adequately reimburse the department and the health district for the4 cost of all review and oversight activities associated with that permit5 application or renewal application, the department shall notify the6 applicant and the application shall be returned to the applicant.7 (d) Upon receipt of funds in the amount estimated by the applicant and8 concurred to by the department and health district, or receipt of an in-9 stallment deposit in the amount required under this subsection, the di-10 rector shall initiate permit application review or permit renewal re-11 view.12 (e) Once the department and the health district concur concurs with13 an applicant's estimation of reimbursable review and oversight costs,14 and the department provides the applicant notice thereof, a permit ap-15 plicant or permit renewal applicant may submit to the department the16 reimbursement funds in their entirety or an installment deposit of two17 thousand five hundred dollars ($2,500). Should funding be required18 for costs incurred in excess of the initial two thousand five hundred19 dollar ($2,500) deposit, the department shall notify the applicant of20 required successive deposits in the amount of two thousand five hundred21 dollars ($2,500). The department shall pass along funds collected on22 behalf of the health district for reimbursable review and oversight23 costs incurred by such district within sixty (60) days of receipt of24 such funds from the applicant, or within sixty (60) days of receipt of25 a certified request for such funds from the health district, whichever26 is later. Any unused portion of the reimbursement funds, deposit, or27 successive deposit shall be returned to the applicant within sixty (60)28 days of the director's final decision to issue or deny a permit or permit29 renewal pursuant to this section. If the applicant fails to submit a30 successive deposit, the department shall suspend review of the permit31 application or renewal application, and the director shall be relieved32 of any applicable statutory or regulatory permit application or renewal33 application review deadlines during the review suspension.34 (f) The director shall, as a condition of renewal, require renewal ap-35 plicants to reimburse the department for previously uncaptured reim-36 bursable permit review and oversight costs incurred by the department37 or health district during the prior permit term.38 (g) Upon request, the department shall provide documentation to the39 applicant to aid in the development of the applicant's estimation of40 reimbursable review and oversight costs or to support the department's41 claims and any health district claims for such reimbursement.42 (h) Funds submitted to the department pursuant to this section shall43 not be returned if a permit application is terminated, withdrawn, re-44 turned, or denied unless the funds, or some portion thereof, have not45 been used by the department or health district as of the date of the ter-46 mination, withdrawal, return, or denial.47 (12) A permit issued pursuant to this section may be transferred only48 to a new owner or operator of the permitted MSWLF. The new owner or operator49 shall submit to the director, in writing, a request for permit transfer. The50

41 request shall include a statement that the new owner or operator will comply1 with all terms and conditions of the permit. Upon transfer of the permit, the2 new owner or operator shall be responsible for compliance with all terms and3 conditions of the permit, and shall be subject to enforcement of such terms4 and conditions.5 (13) The following MSWLF units are not eligible for a permit issued pur-6 suant to this section:7 (a) MSWLF units operating under an exemption set forth in section8 39-7409(2)(c), Idaho Code this chapter.9 (b) MSWLF units operating under an exemption set forth in 40 CFR10 258.1(f).11 (c) MSWLF units that dispose of twenty (20) tons of solid waste per day12 or less, based on an annual average, are not eligible for a variance from13 40 CFR 258.60(b)(1), except in accordance with 40 CFR 258.60(b)(3).14 (d) MSWLF units that have exceeded ground water protection stan-15 dards at statistically significant levels as specified in section16 39-7410(4)(a), Idaho Code this chapter, from any waste unit on site and17 have not implemented a remedy in accordance with section 39-7414, Idaho18 Code this chapter, prior to RDD permit application submittal.19 (e) MSWLF units that have landfill gas concentration exceedances,20 as specified in section 39-7412(4), Idaho Code this chapter, from any21 waste unit on site and have not implemented a remedy in accordance with22 section 39-7412(4), Idaho Code this chapter, prior to RDD permit appli-23 cation submittal.24 (14) Owners or operators of MSWLF units circulating leachate or gas con-25 densate derived from the MSWLF unit in compliance with section 39-7412(8),26 Idaho Code this chapter, and 40 CFR 258.28, and not implementing or otherwise27 utilizing an exemption under this section, are not required to comply with28 the requirements of this section.29 (15) An applicant or permittee may appeal any final decision made by the30 director under this section by filing a request for hearing in accordance31 with rules promulgated by the department governing contested cases, or in32 the absence of such rules, in accordance with the procedures in chapter 52,33 title 67, Idaho Code.34

SECTION 35. That Section 39-107D, Idaho Code, be, and the same is hereby35 amended to read as follows:36 39-107D. RULES OF DEPARTMENT OR BOARD. (1) The legislature directs37 that any rule formulated and recommended by the department to the board which38 is broader in scope or more stringent than federal law or regulations, or39 proposes to regulate an activity not regulated by the federal government, is40 subject to the following additional requirements: the notice of proposed41 rulemaking and rulemaking record requirements under chapter 52, title 67,42 Idaho Code, must clearly specify that the proposed rule, or portions of the43 proposed rule, are broader in scope or more stringent than federal law or44 regulations, or regulate an activity not regulated by the federal govern-45 ment, and delineate which portions of the proposed rule are broader in scope46 or more stringent than federal law or regulations, or regulate an activity47 not regulated by the federal government.48

42 (2) To the degree that a department action is based on science, in1 proposing any rule or portions of any rule subject to this section, the de-2 partment shall utilize:3 (a) The best available peer reviewed science and supporting studies4 conducted in accordance with sound and objective scientific practices;5 and6 (b) Data collected by accepted methods or best available methods if the7 reliability of the method and the nature of the decision justify use of8 the data.9 (3) Any proposed rule subject to this section which proposes a standard10 necessary to protect human health and the environment shall also include in11 the rulemaking record requirements under chapter 52, title 67, Idaho Code,12 the following additional information:13 (a) Identification of each population or receptor addressed by an esti-14 mate of public health effects or environmental effects; and15 (b) Identification of the expected risk or central estimate of risk for16 the specific population or receptor; and17 (c) Identification of each appropriate upper bound or lower bound esti-18 mate of risk; and19 (d) Identification of each significant uncertainty identified in the20 process of the assessment of public health effects or environmental ef-21 fects and any studies that would assist in resolving the uncertainty;22 and23 (e) Identification of studies known to the department that support, are24 directly relevant to, or fail to support any estimate of public health25 effects or environmental effects and the methodology used to reconcile26 inconsistencies in the data.27 (4) The department shall also include a summary of the information re-28 quired by subsection (3) of this section in the notice of rulemaking required29 by chapter 52, title 67, Idaho Code.30 (5) Any rule promulgated or adopted by the board which is broader in31 scope or more stringent than federal law or regulations, or which regulates32 an activity not regulated by the federal government, submitted to the stand-33 ing committee of the legislature pursuant to section 67-5291, Idaho Code,34 shall include a notice by the board identifying the portions of the adopted35 rule that are broader in scope or more stringent than federal law or rules, or36 which regulate an activity not regulated by the federal government.37 (6) Nothing provided herein is intended to alter the scope or effect of38 sections 39-105(3)(g)(iv), 39-118B, 39-3601, 39-4404, 39-7210 and 39-7404,39 Idaho Code, or any other provision of state law which limits or prohibits40 agency action or rulemaking that is broader in scope or more stringent than41 federal law or regulations.42

SECTION 36. That Section 39-7204, Idaho Code, be, and the same is hereby43 amended to read as follows:44 39-7204. PARTICIPATION. (1) To participate in the remediation program45 a person must submit an application to the department as described under sub-46 section (2) of this section.47 (2) An application submitted under this section must meet the following48 conditions:49

43 (a) Contain the following general information concerning:1 (i) the person,2 (ii) the site, and3 (iii) other background information as requested by the depart-4 ment;5 (b) An environmental assessment that conforms to ASTM Standard Prac-6 tice E 1527, as amended, or equivalent.7 (3) Not more than thirty (30) days after receiving an application under8 subsection (2) of this section, the department shall determine if the person9 is eligible to participate in the remediation program under this chapter.10 (4) The department may reject an application submitted under subsec-11 tion (2) of this section for any of the following reasons:12 (a) Remediation is required pursuant to sections 39-101 through13 39-129, sections 39-4401 through 39-4432, or sections 39-7401 through14 39-7420 39-7429, Idaho Code, or rules promulgated thereunder, or other15 applicable statutory or common law; or16 (b) The condition of the hazardous substance or petroleum described in17 the application constitutes an imminent and substantial threat to human18 health or the environment; or19 (c) The application is not complete.20 (5) If the application is rejected under subsection (4)(c) of this sec-21 tion, the department shall provide the person with a list of all information22 needed to make the application complete. If the department fails to comply23 with this subsection, the application shall be considered completed for the24 purposes of this chapter.25 (6) If the department rejects an application, the department shall do26 the following:27 (a) Notify the person that the department rejected the application;28 (b) Explain the reason the department rejected the application.29

SECTION 37. An emergency existing therefor, which emergency is hereby30 declared to exist, this act shall be in full force and effect on and after31 July 1, 2026.32