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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 - 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
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