2001 Legislation
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HOUSE BILL NO. 257 – Domestic septage disposal dist

HOUSE BILL NO. 257

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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    or  by-product byproduct 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, on or 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 / Fiscal Impact


                      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