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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
HEALTH AND SAFETY
CHAPTER 74
IDAHO SOLID WASTE FACILITIES ACT
39-7423. Reconciliation Process — administrative and judicial review. (1) Upon notice of application rejection, an automatic twenty-one (21) day stay of proceedings shall commence, unless such stay is waived by the applicant in writing.
(2) If, at any point during the stay, the director determines that a reconciled application satisfies all of the applicable standards, requirements, and criteria of applicable local, state, and federal law, rules, and regulations, the director shall issue a notice of approval.
(3) Upon waiver or expiration of the stay:
(a) The director shall provide the applicant with a written notice that:
(i) Informs the applicant that the application remains rejected;
(ii) Includes a revised explanation of the rationale and basis for rejection; and
(iii) Informs the applicant that the applicant is entitled to judicial review pursuant to this section and chapter 52, title 67, Idaho Code; and
(b) The applicant, the department, and affected persons are entitled to judicial review pursuant to chapter 52, title 67, Idaho Code. If judicial review is sought by the applicant or director, the parties shall stipulate to accelerated judicial review pursuant to court approval when the ordinary review period provided in chapter 52, title 67, Idaho Code, may reasonably result in substantial increased costs to the applicant, potential violations of federal or state environmental laws, or threats to public health and the environment.
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