2000 Legislation
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HOUSE BILL NO. 539 – Solid Waste Act, mining exemptions


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H0539..............................................by ENVIRONMENTAL AFFAIRS
SOLID WASTE ACT - Amends existing law to redefine Solid Waste Act
definitions of "industrial solid waste" and "solid waste" to clarify
exemptions for mineral processing wastes and other materials uniquely
associated with mining and mineral processing operations.
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Env Aff

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 539
                             BY ENVIRONMENTAL AFFAIRS COMMITTEE
  1                                        AN ACT
  6        CORRECTIONS.
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 39-7403, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
 10        39-7403.  DEFINITIONS. As used in this chapter:
 11        (1)  "Active  portion"  means  that  part  of  a facility or unit that has
 12    received or is receiving wastes and that has not  been  closed  in  accordance
 13    with 40 CFR 258.60.
 14        (2)  "Agricultural  wastes" means wastes generated on farms resulting from
 15    the production of agricultural products including, but not limited to, manures
 16    and carcasses of dead animals weighing each or collectively in excess of  fif-
 17    teen (15) pounds but do not include wastes that are classified as hazardous.
 18        (3)  "Applicant"  means the owner or the operator with the owner's written
 19    consent.
 20        (4)  "Aquifer" means a geological formation, group  of  formations,  or  a
 21    portion  of  a  formation capable of yielding significant quantities of ground
 22    water to wells or springs.
 23        (5)  "Board" means the Idaho board of health and welfare.
 24        (6)  "Buffer zone" means that part of a facility  that  lies  between  the
 25    active portion and the property boundary.
 26        (7)  "Clean  soils  and clean dredge spoils" means soils and dredge spoils
 27    which are not hazardous wastes or problem wastes as defined in this section.
 28        (8)  "Commercial solid waste" means all types of solid waste generated  by
 29    stores,  offices,  restaurants,  warehouses and other nonmanufacturing activi-
 30    ties, excluding residential and industrial wastes.
 31        (9)  "Commercial solid waste facility" means a facility owned and operated
 32    as an enterprise conducted with the intent of making a profit by any  individ-
 33    ual,  association,  firm,  or partnership for the disposal of solid waste, but
 34    excludes a facility owned or operated by a  political  subdivision,  state  or
 35    federal  agency,  municipality or a facility owned or operated by any individ-
 36    ual, association, firm or partnership exclusively for the  disposal  of  solid
 37    waste generated by such individual, association, firm or partnership.
 38        (10) "Construction/demolition  waste"  means the waste building materials,
 39    packaging and rubble resulting from construction, remodeling, repair and demo-
 40    lition operations on pavements, houses, commercial buildings and other  struc-
 41    tures.  Such  waste  includes,  but is not limited to, bricks, concrete, other
 42    masonry materials, soil, rock, lumber, road spoils,  rebar,  paving  materials
 43    and  tree stumps. Noninert wastes and asbestos wastes are not considered to be
  1    demolition waste for the purposes of this chapter.
  2        (11) "Contaminate" means to allow discharge of a substance from a landfill
  3    that would cause:
  4        (a)  The concentration of that substance in the ground water to exceed the
  5        maximum contamination level (MCL) specified in 40 CFR 258.40, Idaho drink-
  6        ing water standards; or
  7        (b)  A statistically significant increase in  the  concentration  of  that
  8        substance  in  the  ground  water where the existing concentration of that
  9        substance exceeds the maximum contamination level specified  in  paragraph
 10        (a) of this subsection; or
 11        (c)  A  statistically significant increase above background in the concen-
 12        tration of a substance which:
 13             (i)   is not specified in paragraph (a) of this subsection; and
 14             (ii)  is a result of the disposal of solid waste; and
 15             (iii) has been determined by the department to present a  substantial
 16             risk  to  human health or the environment in the concentrations found
 17             at the point of compliance.
 18        (12) "County" means any county in the state of Idaho.
 19        (13) "Cover material" means soil or other suitable material that  is  used
 20    to protect the active portion of the MSWLF unit.
 21        (14) "Director"  means  the director of the Idaho department of health and
 22    welfare.
 23        (15) "Existing MSWLF unit" means any municipal solid waste  landfill  unit
 24    that  is  receiving  solid waste as of the applicable date specified in 40 CFR
 25    258.1(e).
 26        (16) "Facility" means all contiguous land and  structures,  buffer  zones,
 27    and  other appurtenances and improvements on the land used for the disposal of
 28    solid waste.
 29        (17) "Floodplain" means the area encompassed by the one hundred (100) year
 30    flood as defined by applicable  federal  emergency  management  agency  (FEMA)
 31    flood insurance maps or, if no map exists, then as defined in 40 CFR 258.11.
 32        (18) "Ground  water" means water below the land surface in a zone of satu-
 33    ration.
 34        (19) "Health district" means one (1) of  the  seven  (7)  district  health
 35    departments of the state of Idaho.
 36        (20) "Holocene  fault" means a fault characterized as a fracture or a zone
 37    of fractures in any material along which strata on one (1) side have been dis-
 38    placed with respect to that on the other side  and  holocene  being  the  most
 39    recent  epoch  of  the  quaternary  period,  extending  from  the  end  of the
 40    pleistocene epoch to the present.
 41        (21) "Household waste" means any solid waste, including garbage, trash and
 42    sanitary waste in septic tanks, derived from households, including single  and
 43    multiple  residences,  hotels  and  motels,  bunkhouses, ranger stations, crew
 44    quarters, campgrounds, picnic grounds and day use recreation areas.
 45        (22) "Industrial solid waste" means solid waste generated by manufacturing
 46    or industrial processes that is not a hazardous waste regulated under subtitle
 47    C of RCRA. Such waste may include, but is not limited to, waste resulting from
 48    the following manufacturing processes: Eelectric power generation;  fertilizer
 49    and   agricultural  chemicals;  food  and  related  products  and  by-products
 50    byproducts; inorganic chemicals; iron and  steel  manufacturing;  leather  and
 51    leather  products;  nonferrous  metals manufacturing/foundries; organic chemi-
 52    cals; plastics and resins manufacturing; pulp and paper industry;  rubber  and
 53    miscellaneous plastic products; stone, glass, clay and concrete products; tex-
 54    tile  manufacturing;  transportation equipment; and water treatment. This term
 55    does not include mining and mineral processing waste or oil and gas waste.
  1        (23) "Inert wastes"  means  noncombustible,  nonhazardous,  nonputresible,
  2    nonleaching solid wastes that are likely to retain their physical and chemical
  3    structure  under expected conditions of disposal, including resistance to bio-
  4    logical attack.
  5        (24) "Landfill" means an area of land or an excavation in which wastes are
  6    placed for permanent disposal, and that is not a land application  unit,  sur-
  7    face impoundment, injection well or waste pile.
  8        (25) "Landspreading  disposal facility" or "land application unit" means a
  9    facility that applies sludges or other solid wastes onto or incorporates solid
 10    waste into the soil surface, excluding manure spreading operations, at greater
 11    than agronomic rates and soil conditioners and immobilization rates.
 12        (26) "Lateral expansion" means a horizontal expansion of the waste  bound-
 13    aries of an existing MSWLF unit.
 14        (27) "Leachate"  means  a  liquid  that has passed through or emerged from
 15    solid waste and contains soluble, suspended or miscible materials removed from
 16    such waste.
 17        (28) "Limited purpose landfill" means a landfill that receives solid waste
 18    of limited type with known and consistent composition other than wood  wastes,
 19    municipal solid waste, inert waste and construction/demolition waste.
 20        (29) "Liquid waste" as defined in 40 CFR 258.28(c)(1).
 21        (30) "Monofill"  means  a  landfill  which contains a specific waste whose
 22    waste stream characteristics remain unchanged over time and may  include  spe-
 23    cial  wastes,  problem wastes or other consistent characteristic wastes but do
 24    not include wastes regulated under any other applicable regulations.
 25        (31) "Municipal solid waste landfill unit (MSWLF)" means a  discrete  area
 26    of land or an excavation that receives household waste, and that is not a land
 27    application unit, surface impoundment, injection well, or waste pile, as those
 28    terms  are  defined  under  40  CFR 257.2. A MSWLF unit also may receive other
 29    types of RCRA subtitle D wastes, such as commercial solid waste,  nonhazardous
 30    sludge,  conditionally  exempt  small  quantity generator waste and industrial
 31    solid waste. Such a landfill may be publicly or privately owned. A MSWLF  unit
 32    may be a new MSWLF unit, an existing MSWLF unit or a lateral expansion.
 33        (32) "New  MSWLF  unit" means any municipal solid waste landfill unit that
 34    has not received waste prior to October 9, 1993, or prior to October 9,  1995,
 35    if the MSWLF unit meets the conditions specified in 40 CFR 258.1(f)(1).
 36        (33) "Open  burning" means the combustion of solid waste without: (a) con-
 37    trol of combustion air to maintain adequate temperature for efficient  combus-
 38    tion; (b) containment of the combustion reaction in an enclosed device to pro-
 39    vide sufficient resident time and mixing for complete combustion; and (c) con-
 40    trol of the emission of the combustion products.
 41        (34) "Operator"  means the person(s) responsible for the overall operation
 42    of a facility or part of a facility.
 43        (35) "Owner" means the person(s) who owns a facility or part of  a  facil-
 44    ity.
 45        (36) "Permeability" means the capacity of a material to transmit a liquid.
 46    For the purposes of this chapter permeability is expressed in terms of hydrau-
 47    lic conductivity of water in centimeters-per-second units of measurement.
 48        (37) "Person" means an individual, association, firm, partnership, politi-
 49    cal  subdivision,  public  or  private  corporation,  state or federal agency,
 50    municipality, industry, or any other legal entity whatsoever.
 51        (38) "Pile" or "waste pile" means any noncontainerized  solid,  nonflowing
 52    waste that is accumulated for treatment or storage.
 53        (39) "Plan  of  operation" means the written plan developed by an owner or
 54    operator of a MSWLF unit detailing how the facility is to be  operated  during
 55    its active life, during closure, and throughout the post closure period.
  1        (40) "Point of compliance" means a vertical surface located at the hydrau-
  2    lically  downgradient  intercept with the uppermost aquifer at which a release
  3    from a waste management unit measured as change  in  constituent  values  will
  4    trigger assessment monitoring. Point of compliance shall be used to define the
  5    facility  design,  location and frequency of ground water monitoring wells and
  6    corrective action.
  7        (41) "Post closure" means the requirements  placed  upon  the  MSWLF  unit
  8    after  closure  to  ensure  their  environmental safety for a thirty (30) year
  9    period or until  the  site  becomes  stabilized  in  accordance  with  section
 10    39-7416, Idaho Code.
 11        (42) "Processing"  means  an operation conducted on solid waste to prepare
 12    it for disposal.
 13        (43) "Qualified professional" means a licensed professional  geologist  or
 14    licensed  professional  engineer, as appropriate, holding current professional
 15    registration in compliance with applicable provisions of the Idaho Code.
 16        (44) "RCRA" means the resource conservation and recovery  act  (42  U.S.C.
 17    sec. 6901 et seq.), as amended.
 18        (45) "Run-off"  means any rainwater, leachate, or other liquid that drains
 19    over land from any part of a facility.
 20        (46) "Run-on" means any rainwater, leachate, or other liquid  that  drains
 21    over land onto any part of a facility.
 22        (47) "Saturated  zone"  means  that part of the earth's crust in which all
 23    voids are filled with water.
 24        (48) "Septage" means a semisolid consisting of settled sewage solids  com-
 25    bined  with  varying amounts of water and dissolved materials generated from a
 26    septic tank system.
 27        (49) "Sludge" means any solid, semisolid, or liquid waste generated from a
 28    municipal, commercial, or industrial waste water treatment plant, water supply
 29    treatment plant or air pollution control facility  exclusive  of  the  treated
 30    effluent from a waste water wastewater treatment plant.
 31        (50) "Solid  waste" means any garbage or refuse, sludge from a waste water
 32    wastewater treatment plant, water supply treatment  plant,  or  air  pollution
 33    control  facility  and other discarded material including solid, liquid, semi-
 34    solid, or contained gaseous material resulting  from  industrial,  commercial,
 35    mining,  and  agricultural  operations and from community activities, but does
 36    not include solid or dissolved materials in domestic sewage, or solid or  dis-
 37    solved  materials in irrigation return flows or industrial discharges that are
 38    point sources subject to permit under  33  U.S.C.  1342,  or  source,  special
 39    nuclear, or by-product byproducts material as defined in the atomic energy act
 40    of  1954,  as amended (68 Stat. 923). These regulations shall not apply to the
 41    following solid wastes:
 42        (a)  Overburden, waste dumps, and  low-grade  stockpiles  from  and  other
 43        materials  uniquely  associated  with mining and mineral processing opera-
 44        tions;
 45        (b)  Liquid wastes whose discharge or  potential  discharge  is  regulated
 46        under federal, state or local water pollution permits;
 47        (c)  Hazardous wastes as designated in the hazardous waste management act,
 48        chapter 44, title 39, Idaho Code;
 49        (d)  Wood  waste used for ornamental, animal bedding, mulch and plant bed-
 50        ding and road building purposes;
 51        (e)  Agricultural wastes, limited to manures and crop  residues,  returned
 52        to the soils at agronomic rates;
 53        (f)  Clean soils and clean dredge spoils as otherwise regulated under sec-
 54        tion  404 of the federal clean water act (PL 95-217);
 55        (g)  Septage  taken  to  a  sewage treatment plant permitted by either the
  1        U.S. environmental protection agency or the department;
  2        (h)  Radioactive wastes, defined in the radiation  and  nuclear  materials
  3        act, chapter 30, title 39, Idaho Code; and
  4        (i)  Wood  debris resulting from the harvesting of timber and the disposal
  5        of which is permitted under chapter 1, title 38, Idaho Code.
  6        (51) "Special waste" means those wastes which require special treatment or
  7    handling after it arrives at the disposal site. The term includes, but is  not
  8    limited  to,  asbestos containing material, petroleum contaminated soils, low-
  9    level PCB containing material, low-level dioxin containing material and  uncut
 10    tires.
 11        (52) "Statistically  significant" means significant as determined by ANOVA
 12    analysis of variance as applied within 40 CFR 258.53(h)(2) or as  provided  by
 13    40 CFR 258.53(g)(5).
 14        (53) "Uppermost  aquifer" means the geological formation nearest the natu-
 15    ral ground surface that is an aquifer as  well  as  lower  aquifers  that  are
 16    hydraulically  interconnected with this aquifer within the facility's property
 17    boundary.
 18        (54) "Waste management unit boundary" means a vertical surface located  at
 19    the  hydraulically  downgradient  limit  of  the  unit.  This vertical surface
 20    extends down into the uppermost aquifer.
 21        (55) "Water quality standard" means a standard set for  maximum  allowable
 22    contamination  in  surface  waters  and ground water as set forth in the water
 23    quality standards for waters for the state of Idaho (IDAPA 16.01.2001).
 24        (56) "Wetlands" as defined in 40 CFR 232.2(r).
 25        (57) "Wood waste" means solid waste consisting of wood pieces or particles
 26    generated as a by-product byproduct or waste from the  manufacturing  of  wood
 27    products,  handling  and  storage  of raw materials and trees and stumps. This
 28    includes, but is not limited to, sawdust, chips,  shavings,  bark,  pulp,  hog
 29    fuel  and  log  yard waste, but does not include wood pieces or particles con-
 30    taining chemical preservatives such as creosote, pentachlorophenol, or copper-
 31    chrome-arsenate.
 32        Undefined terms shall be given their usual and ordinary meaning within the
 33    context of the provisions of this chapter.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 09793
The Idaho Solid Waste Facilities Act (Chapter 74, title 39) was
enacted in 1992 to provide a framework for the location, design,
operation and monitoring of solid waste facilities.  The act
excludes mining waste from the definition of "industrial solid
waste" and specifically provides that rules developed under the
act shall not apply to "overburden, waste dumps and low grade
stockpiles from mining operations".

A question has arisen whether mining wastes not included in the
specific exemption should be regulated under this act.  This
legislation clarifies the situation by stating that wastes that
are unique to mining and mineral processing will not be regulated
under the provisions of the act.

Passage of this legislation will not exempt mining wastes from
regulation.  Those wastes would, rather, be regulated under the
provisions of other state and federal laws.

                          FISCAL IMPACT

No additional money or personnel will be required to implement 

this legislation.

Name:  Jack Lyman 
       Idaho Mining Association 
Phone: 342-0031

STATEMENT OF PURPOSE/FISCAL NOTE                            H0539