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H0257..............................................by ENVIRONMENTAL AFFAIRS DOMESTIC SEPTAGE DISPOSAL - Amends existing law to authorize counties to establish regional domestic septage disposal districts. 02/15 House intro - 1st rdg - to printing 02/16 Rpt prt - to Env Aff 02/21 Rpt out - rec d/p - to 2nd rdg 02/22 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 56-0-14 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Eskridge, Field(13), Field(20), Hadley, Harwood, Henbest, Hornbeck, Jaquet, Kellogg, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Moss, Pearce, Pischner, Pomeroy, Raybould, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young NAYS -- None Absent and excused -- Black, Chase, Ellsworth, Gagner, Gould, Hammond, Higgins, Jones, Kendell, Montgomery, Moyle, Ridinger, Smith, Mr. Speaker Floor Sponsor -- Campbell Title apvd - to Senate 02/26 Senate intro - 1st rdg - to Loc Gov 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- None Floor Sponsor -- Bunderson Title apvd - to House 03/21 To enrol 03/22 Rpt enrol - Sp signed - Pres signed - to Gov 03/23 Governor signed Session Law Chapter 175 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 257 BY ENVIRONMENTAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO DOMESTIC SEPTAGE MANAGEMENT; AMENDING THE CHAPTER HEADING OF CHAP- 3 TER 49, TITLE 31, IDAHO CODE; AMENDING SECTION 31-4901, IDAHO CODE, TO 4 REVISE FINDINGS AND PURPOSE; AMENDING SECTION 31-4902, IDAHO CODE, TO FUR- 5 THER DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 6 31-4903, IDAHO CODE, TO PROVIDE FOR THE FORMATION OF A REGIONAL SOLID 7 WASTE OR DOMESTIC SEPTAGE DISTRICT; AMENDING SECTION 31-4906, IDAHO CODE, 8 TO PROVIDE FOR ADMINISTRATION OF DOMESTIC SEPTAGE REGULATIONS AND STAN- 9 DARDS OF THE DISTRICT; AND AMENDING SECTION 31-4917, IDAHO CODE, TO PRO- 10 VIDE REQUIREMENTS FOR OPERATION OF DOMESTIC SEPTAGE RECEIVING STATIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That the Heading of Chapter 49, Title 31, Idaho Code, be, and 13 the same is hereby amended to read as follows: 14 CHAPTER 49 15 REGIONAL SOLID WASTE OR DOMESTIC SEPTAGE DISPOSAL DISTRICTS 16 SECTION 2. That Section 31-4901, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 31-4901. FINDINGS AND PURPOSE. (1) The legislature hereby finds and 19 declares that the disposal of solid waste and domestic septage within the 20 state of Idaho is an important public purpose, and that the creation of inde- 21 pendent regional districts to administer solid waste or domestic septage dis- 22 posal is an efficient and cost-effective method of meeting the state's solid 23 waste or domestic septage disposal needs. 24 (2) The purpose of this chapter is to enable counties to establish 25 regional solid waste or domestic septage districts for the purpose of provid- 26 ing a regional solution to the problem of solid waste or domestic septage dis- 27 posal through the operation and maintenance of a regional solid waste or 28 domestic septage system. 29 (3) The foregoing purpose is hereby declared to be a valid public purpose 30 within the police powers of the state of Idaho. 31 SECTION 3. That Section 31-4902, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 31-4902. DEFINITIONS. As used in this chapter: 34 (1) "Act" or "this act" means this regional solid waste or domestic 35 septage district act. 36 (2) "Commissioners" means the board of commissioners of each county 37 within a district. 38 (3) "District" means a regional solid waste or domestic septage district 39 created pursuant to this chapter. 2 1 (4) "District board" means the board of directors of a district. 2 (5) "Domestic septage" means either liquid or solid material removed from 3 a septic tank, cesspool, portable toilet, type III marine sanitation device, 4 or similar treatment works that receive only domestic sewage. Domestic septage 5 does not include liquid or solid material removed from septic tanks, 6 cesspools, or similar treatment works that receive either commercial wastewa- 7 ter or industrial wastewater and does not include grease removed from a grease 8 trap at a restaurant. 9 (6) "Facility" or "facilities" means all equipment and other property, 10 including electrical cogeneration equipment, deemed necessary by the district 11 board for the operation of a solid waste disposal and/or resource recovery 12 system or the operation of domestic septage receiving stations, domestic 13 septage treatment processes and domestic septage disposal methods. 14 (67) "Participating county" means a county which elects, through action 15 of the commissioners as provided in this chapter, to become a member of a dis- 16 trict. 17 (78) "Solid waste" means any garbage, refuse, sludge from a waste treat- 18 ment plant, water supply treatment plant, or air pollution control facility 19 and other discarded material, including solid, liquid, semi-solid, or con- 20 tained gaseous material resulting from industrial, commercial, mining, and 21 agricultural operations, and from community activities, but does not include 22 solid or dissolved materials in domestic sewage, or solid or dissolved mate- 23 rials in irrigation return flows or industrial discharges that are point 24 sources subject to permits under 33 U.S.C. 1342, or source, special nuclear, 25 orby-productbyproduct material as defined by the atomic energy act of 1954, 26 as amended. 27 (89) "State" means the state of Idaho. 28 (910) "System" means all components of solid waste operations including, 29 but not limited to, landfill compliance measures, landfill disposal opera- 30 tions, regional transfer operations, domestic septage receiving stations, 31 domestic septage disposal methods, domestic septage treatment operations and 32 resource recovery and management, on any site or sites acquired, constructed, 33 operated, or managed by a district. 34 SECTION 4. That Section 31-4903, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 31-4903. ESTABLISHMENT OF DISTRICTS. Any two (2) or more counties within 37 the state may establish an independent public body corporate and politic to be 38 known as a regional solid waste or domestic septage district (with such addi- 39 tional designation as the district board may select), consisting of such coun- 40 ties as may elect, by resolution of the commissioners of such counties, to 41 become participating counties of such district. The boundaries of a district 42 shall be coterminous with the boundaries of the participating counties. Coun- 43 ties within a district need not be contiguous to each other. No district shall 44 transact any business nor exercise any powers hereunder until or unless the 45 commissioners of two (2) or more of such counties, by resolution, shall 46 declare their intent to participate in a district. Any county which does not 47 so elect to become a participating county shall not be subject to the provi- 48 sions of this chapter. 49 In any suit, action, or proceeding involving or relating to any contract, 50 resolution, regulation, or other action of a district, the district shall be 51 conclusively deemed to have been organized and authorized to transact business 52 and to exercise its powers hereunder upon proof of the adoption of a resolu- 53 tion by the commissioners of not less than two (2) counties as provided here- 3 1 inabove. A duly certified copy of any such resolution shall be admissible in 2 evidence in any suit, action, or proceeding. 3 A district created pursuant to this chapter shall not be deemed to be an 4 agency of the state of Idaho nor of any of its political subdivisions for pur- 5 poses of article VIII of the Idaho constitution. 6 SECTION 5. That Section 31-4906, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 31-4906. POWERS OF THE BOARD OF DIRECTORS. A district board shall have 9 and may exercise the following powers and duties: 10 (1) To sue and be sued; 11 (2) To develop and administer a system for the regional disposal of solid 12 waste, domestic septage and/or resource recovery within the district; 13 (3) To authorize any action by motion, resolution, or other official 14 action; 15 (4) To administer and enforce all solid waste or domestic septage regula- 16 tions and standards of the district; 17 (5) To determine the location of its main office and branch offices, if 18 any; 19 (6) To acquire, hold title to, lease, mortgage or encumber, dispose of, 20 and pledge real and personal property and to acquire, construct, or lease 21 buildings, structures, and solid waste or domestic septage disposal and 22 resource recovery sites and equipment as may be deemed necessary to fulfill 23 its duties, and to have and exercise the power of eminent domain therefor; 24 (7) To sell, convey, lease or dispose of any property, real or personal, 25 with or without competitive bid, upon such terms and conditions and for such 26 consideration as the district board deems appropriate; 27 (8) To acquire, construct, operate, and maintain any facilities within 28 the district, and to enter into contracts and agreements, cooperative and 29 otherwise, affecting the affairs of the district, including contracts with the 30 United States of America and any of its agencies or instrumentalities, the 31 state and any of its agencies or instrumentalities, any corporation or person, 32 public or private, any municipality, and any political or governmental subdi- 33 vision, within or without the state, and to cooperate with any one (1) or more 34 of them in acquiring, constructing, operating, or maintaining a system or 35 facilities within the district; 36 (9) To acquire, maintain, and operate, as an incident to solid waste dis- 37 posal or domestic septage, electrical cogeneration facilities, to sell elec- 38 tricity to any person or entity, and to enter into contracts therefor; 39 (10) To receive moneys and property from participating counties and to 40 receive gifts, grants, and donations from any person or entity, to expend the 41 same for the purposes of the district, to pledge the same for the payment of 42 any indebtedness, to deposit moneys in accordance with the public depository 43 laws of the state, and to invest moneys of the district in investments permit- 44 ted under sections 67-1210 and 67-1210A, Idaho Code; 45 (11) To borrow money and incur indebtedness, and to evidence the same by 46 notes, warrants, bonds, or other evidence of indebtedness; 47 (12) To have the management, control, and supervision of all the business 48 and affairs of the district; 49 (13) To hire an administrator and provide for the compensation of other 50 employees of the district, and to retain agents, engineers and consultants; 51 (14) To retain or employ regular legal counsel, and to retain such special 52 legal counsel as may be deemed necessary; 53 (15) To fix and to increase or decrease rates, fees, tolls, or charges for 4 1 the use or availability of the facilities of the district; 2 (16) To adopt rules, regulations, and standards, consistent with state and 3 federal laws and regulations, for the use of the district's system and facili- 4 ties; 5 (17) To maintain civil actions for the abatement of any violation of any 6 of the district's rules, regulations, or standards; 7 (18) To insure its property and to enter into contracts for insurance, 8 including, but not limited to, liability insurance; 9 (19) To exercise all or any part or combination of the powers set forth in 10 this chapter, and to do all things necessary or incidental to the proper oper- 11 ation of this chapter. 12 SECTION 6. That Section 31-4917, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 31-4917. OPERATION OF LANDFILLS, DOMESTIC SEPTAGE RECEIVING STATIONS OR 15 RESOURCE RECOVERY FACILITIES BY PARTICIPATING COUNTIES PROHIBITED. No partici- 16 pating county shall acquire, construct or operate, or continue the operation 17 of, any landfill site, domestic septage receiving stations,onor any facility 18 for the recovery of resources or the disposal of solid waste or domestic 19 septage, without the consent of the district board, after a solid waste dis- 20 posal, or domestic septage receiving station, or resource recovery facility of 21 a district is operational. The foregoing restriction shall not apply to a 22 resource recovery facility which was operational at, or which becomes opera- 23 tional within six (6) months after, the date of establishment of the district. 24 The district board may establish exceptions, consistent with applicable fed- 25 eral and state laws and regulations, to this requirement. The commissioners of 26 the participating counties shall take all actions necessary to require that 27 all solid waste or domestic septage collected within their respective juris- 28 dictions be delivered to the district's solid waste or domestic septage dis- 29 posal or resource recovery site or sites.
STATEMENT OF PURPOSE RS 11105 The purpose of this legislation is to enable counties to establish regional domestic septage districts for the purpose of providing a regional solution to the problem of domestic septage disposal through the operation and maintenance of a regional domestic septage system which may include domestic septage receiving stations or land application sites. FISCAL IMPACT There is no fiscal impact to the General Fund. Contact Name: Rep. John Campbell Phone: 332 1000 STATEMENT OF PURPOSE/FISCAL NOTE H 25