2002 Legislation
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SENATE BILL NO. 1416 – Computer monitors, special waste


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Daily Data Tracking History

S1416.................................................by HEALTH AND WELFARE
COMPUTER MONITORS - Amends existing law relating to the Idaho Solid Waste
Facilities Act to revise the definition of "special waste" to include
computer monitors.
02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Health/Wel

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1416
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  4        PUTER MONITORS.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 39-7403, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        39-7403.  DEFINITIONS. As used in this chapter:
  9        (1)  "Active  portion"  means  that  part  of  a facility or unit that has
 10    received or is receiving wastes and that has not  been  closed  in  accordance
 11    with 40 CFR 258.60.
 12        (2)  "Agricultural  wastes" means wastes generated on farms resulting from
 13    the production of agricultural products including, but not limited to, manures
 14    and carcasses of dead animals weighing each or collectively in excess of  fif-
 15    teen (15) pounds but do not include wastes that are classified as hazardous.
 16        (3)  "Applicant"  means the owner or the operator with the owner's written
 17    consent.
 18        (4)  "Aquifer" means a geological formation, group  of  formations,  or  a
 19    portion  of  a  formation capable of yielding significant quantities of ground
 20    water to wells or springs.
 21        (5)  "Board" means the Idaho board of environmental quality.
 22        (6)  "Buffer zone" means that part of a facility  that  lies  between  the
 23    active portion and the property boundary.
 24        (7)  "Clean  soils  and clean dredge spoils" means soils and dredge spoils
 25    which are not hazardous wastes or problem wastes as defined in this section.
 26        (8)  "Commercial solid waste" means all types of solid waste generated  by
 27    stores,  offices,  restaurants,  warehouses and other nonmanufacturing activi-
 28    ties, excluding residential and industrial wastes.
 29        (9)  "Commercial solid waste facility" means a facility owned and operated
 30    as an enterprise conducted with the intent of making a profit by any  individ-
 31    ual,  association,  firm,  or partnership for the disposal of solid waste, but
 32    excludes a facility owned or operated by a  political  subdivision,  state  or
 33    federal  agency,  municipality or a facility owned or operated by any individ-
 34    ual, association, firm or partnership exclusively for the  disposal  of  solid
 35    waste generated by such individual, association, firm or partnership.
 36        (10) "Construction/demolition  waste"  means the waste building materials,
 37    packaging and rubble resulting from construction, remodeling, repair and demo-
 38    lition operations on pavements, houses, commercial buildings and other  struc-
 39    tures.  Such  waste  includes,  but is not limited to, bricks, concrete, other
 40    masonry materials, soil, rock, lumber, road spoils,  rebar,  paving  materials
 41    and  tree stumps. Noninert wastes and asbestos wastes are not considered to be
 42    demolition waste for the purposes of this chapter.
 43        (11) "Contaminate" means to allow discharge of a substance from a landfill
  1    that would cause:
  2        (a)  The concentration of that substance in the ground water to exceed the
  3        maximum contamination level (MCL) specified in 40 CFR 258.40, Idaho drink-
  4        ing water standards; or
  5        (b)  A statistically significant increase in  the  concentration  of  that
  6        substance    in  the ground water where the existing concentration of that
  7        substance exceeds the maximum contamination level specified  in  paragraph
  8        (a) of this subsection; or
  9        (c)  A  statistically significant increase above background in the concen-
 10        tration of a substance which:
 11             (i)   is not specified in paragraph (a) of this subsection; and
 12             (ii)  is a result of the disposal of solid waste; and
 13             (iii) has been determined by the department to present a  substantial
 14             risk  to  human health or the environment in the concentrations found
 15             at the point of compliance.
 16        (12) "County" means any county in the state of Idaho.
 17        (13) "Cover material" means soil or other suitable material that  is  used
 18    to protect the active portion of the MSWLF unit.
 19        (14) "Director"  means the director of the Idaho department of environmen-
 20    tal quality.
 21        (15) "Existing MSWLF unit" means any municipal solid waste  landfill  unit
 22    that  is  receiving  solid waste as of the applicable date specified in 40 CFR
 23    258.1(e).
 24        (16) "Facility" means all contiguous land and  structures,  buffer  zones,
 25    and  other appurtenances and improvements on the land used for the disposal of
 26    solid waste.
 27        (17) "Floodplain" means the area encompassed by the one hundred (100) year
 28    flood as defined by applicable  federal  emergency  management  agency  (FEMA)
 29    flood insurance maps or, if no map exists, then as defined in 40 CFR 258.11.
 30        (18) "Ground  water" means water below the land surface in a zone of satu-
 31    ration.
 32        (19) "Health district" means one (1) of  the  seven  (7)  district  health
 33    departments of the state of Idaho.
 34        (20) "Holocene  fault" means a fault characterized as a fracture or a zone
 35    of fractures in any material along which strata on one (1) side have been dis-
 36    placed with respect to that on the other side  and  holocene  being  the  most
 37    recent  epoch  of  the  quaternary  period,  extending  from  the  end  of the
 38    pleistocene epoch to the present.
 39        (21) "Household waste" means any solid waste, including garbage, trash and
 40    sanitary waste in septic tanks, derived from households, including single  and
 41    multiple  residences,  hotels  and  motels,  bunkhouses, ranger stations, crew
 42    quarters, campgrounds, picnic grounds and day use recreation areas.
 43        (22) "Industrial solid waste" means solid waste generated by manufacturing
 44    or industrial processes that is not a hazardous waste regulated under subtitle
 45    C of RCRA. Such waste may include, but is not limited to, waste resulting from
 46    the following manufacturing processes: electric power  generation;  fertilizer
 47    and  agricultural  chemicals;  food and related products and byproducts; inor-
 48    ganic chemicals; iron and steel manufacturing; leather and  leather  products;
 49    nonferrous  metals  manufacturing/foundries;  organic  chemicals; plastics and
 50    resins manufacturing; pulp and paper industry; rubber and miscellaneous  plas-
 51    tic products; stone, glass, clay and concrete products; textile manufacturing;
 52    transportation equipment; and water treatment. This term does not include min-
 53    ing waste or oil and gas waste.
 54        (23) "Inert  wastes"  means  noncombustible, nonhazardous, nonputrescible,
 55    nonleaching solid wastes that are likely to retain their physical and chemical
  1    structure under expected conditions of disposal, including resistance to  bio-
  2    logical attack.
  3        (24) "Landfill" means an area of land or an excavation in which wastes are
  4    placed  for  permanent disposal, and that is not a land application unit, sur-
  5    face impoundment, injection well or waste pile.
  6        (25) "Landspreading disposal facility" or "land application unit" means  a
  7    facility that applies sludges or other solid wastes onto or incorporates solid
  8    waste into the soil surface, excluding manure spreading operations, at greater
  9    than agronomic rates and soil conditioners and immobilization rates.
 10        (26) "Lateral  expansion" means a horizontal expansion of the waste bound-
 11    aries of an existing MSWLF unit.
 12        (27) "Leachate" means a liquid that has passed  through  or  emerged  from
 13    solid waste and contains soluble, suspended or miscible materials removed from
 14    such waste.
 15        (28) "Limited purpose landfill" means a landfill that receives solid waste
 16    of  limited type with known and consistent composition other than wood wastes,
 17    municipal solid waste, inert waste and construction/demolition waste.
 18        (29) "Liquid waste" as defined in 40 CFR 258.28(c)(1).
 19        (30) "Monofill" means a landfill which contains  a  specific  waste  whose
 20    waste  stream  characteristics remain unchanged over time and may include spe-
 21    cial wastes, problem wastes or other consistent characteristic wastes  but  do
 22    not include wastes regulated under any other applicable regulations.
 23        (31) "Municipal  solid  waste landfill unit (MSWLF)" means a discrete area
 24    of land or an excavation that receives household waste, and that is not a land
 25    application unit, surface impoundment, injection well, or waste pile, as those
 26    terms are defined under 40 CFR 257.2. A MSWLF  unit  also  may  receive  other
 27    types  of RCRA subtitle D wastes, such as commercial solid waste, nonhazardous
 28    sludge, conditionally exempt small quantity  generator  waste  and  industrial
 29    solid  waste. Such a landfill may be publicly or privately owned. A MSWLF unit
 30    may be a new MSWLF unit, an existing MSWLF unit or a lateral expansion.
 31        (32) "New MSWLF unit" means any municipal solid waste landfill  unit  that
 32    has  not received waste prior to October 9, 1993, or prior to October 9, 1995,
 33    if the MSWLF unit meets the conditions specified in 40 CFR 258.1(f)(1).
 34        (33) "Open burning" means the combustion of solid waste without: (a)  con-
 35    trol  of combustion air to maintain adequate temperature for efficient combus-
 36    tion; (b) containment of the combustion reaction in an enclosed device to pro-
 37    vide sufficient resident time and mixing for complete combustion; and (c) con-
 38    trol of the emission of the combustion products.
 39        (34) "Operator" means the person(s) responsible for the overall  operation
 40    of a facility or part of a facility.
 41        (35) "Owner"  means  the person(s) who owns a facility or part of a facil-
 42    ity.
 43        (36) "Permeability" means the capacity of a material to transmit a liquid.
 44    For the purposes of this chapter permeability is expressed in terms of hydrau-
 45    lic conductivity of water in centimeters-per-second units of measurement.
 46        (37) "Person" means an individual, association, firm, partnership, politi-
 47    cal subdivision, public or  private  corporation,  state  or  federal  agency,
 48    municipality, industry, or any other legal entity whatsoever.
 49        (38) "Pile"  or  "waste pile" means any noncontainerized solid, nonflowing
 50    waste that is accumulated for treatment or storage.
 51        (39) "Plan of operation" means the written plan developed by an  owner  or
 52    operator  of  a MSWLF unit detailing how the facility is to be operated during
 53    its active life, during closure, and throughout the post closure period.
 54        (40) "Point of compliance" means a vertical surface located at the hydrau-
 55    lically  downgradient intercept with the uppermost aquifer at which a  release
  1    from  a  waste  management  unit measured as change in constituent values will
  2    trigger assessment monitoring. Point of compliance shall be used to define the
  3    facility design, location and frequency of ground water monitoring  wells  and
  4    corrective action.
  5        (41) "Post  closure"  means  the  requirements  placed upon the MSWLF unit
  6    after closure to ensure their environmental safety  for  a  thirty  (30)  year
  7    period  or  until  the  site  becomes  stabilized  in  accordance with section
  8    39-7416, Idaho Code.
  9        (42) "Processing" means an operation conducted on solid waste  to  prepare
 10    it for disposal.
 11        (43) "Qualified  professional"  means a licensed professional geologist or
 12    licensed professional engineer, as appropriate, holding  current  professional
 13    registration in compliance with applicable provisions of the Idaho Code.
 14        (44) "RCRA"  means  the  resource conservation and recovery act (42 U.S.C.
 15    sec. 6901 et seq.), as amended.
 16        (45) "Run-off" means any rainwater, leachate, or other liquid that  drains
 17    over land from any part of a facility.
 18        (46) "Run-on"  means  any rainwater, leachate, or other liquid that drains
 19    over land onto any part of a facility.
 20        (47) "Saturated zone" means that part of the earth's crust  in  which  all
 21    voids are filled with water.
 22        (48) "Septage"  means a semisolid consisting of settled sewage solids com-
 23    bined with varying amounts of water and dissolved materials generated  from  a
 24    septic tank system.
 25        (49) "Sludge" means any solid, semisolid, or liquid waste generated from a
 26    municipal, commercial, or industrial waste water treatment plant, water supply
 27    treatment  plant  or  air  pollution control facility exclusive of the treated
 28    effluent from a waste water treatment plant.
 29        (50) "Solid waste" means any garbage or refuse, sludge from a waste  water
 30    treatment plant, water supply treatment plant, or air pollution control facil-
 31    ity  and  other discarded material including solid, liquid, semisolid, or con-
 32    tained gaseous material resulting from  industrial,  commercial,  mining,  and
 33    agricultural  operations  and  from community activities, but does not include
 34    solid or dissolved materials in domestic sewage, or solid or  dissolved  mate-
 35    rials  in  irrigation  return  flows  or  industrial discharges that are point
 36    sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or
 37    byproduct material as defined in the atomic energy act of 1954, as amended (68
 38    Stat. 923). These regulations shall not apply to the following solid wastes:
 39        (a)  Overburden, waste dumps and low-grade stockpiles from  mining  opera-
 40        tions;
 41        (b)  Liquid  wastes  whose  discharge  or potential discharge is regulated
 42        under federal, state or local water pollution permits;
 43        (c)  Hazardous wastes as designated in the hazardous waste management act,
 44        chapter 44, title 39, Idaho Code;
 45        (d)  Wood waste used for ornamental, animal bedding, mulch and plant  bed-
 46        ding and road building purposes;
 47        (e)  Agricultural  wastes,  limited to manures and crop residues, returned
 48        to the soils at agronomic rates;
 49        (f)  Clean soils and clean dredge spoils as otherwise regulated under sec-
 50        tion 404 of the federal clean water act (PL 95-217);
 51        (g)  Septage taken to a sewage treatment plant  permitted  by  either  the
 52        U.S.  environmental protection agency or the department;
 53        (h)  Radioactive  wastes,  defined  in the radiation and nuclear materials
 54        act, chapter 30, title 39, Idaho Code; and
 55        (i)  Wood debris resulting from the harvesting of timber and the  disposal
  1        of which is permitted under chapter 1, title 38, Idaho Code.
  2        (51) "Special waste" means those wastes which require special treatment or
  3    handling  after it arrives at the disposal site. The term includes, but is not
  4    limited to, asbestos containing material, petroleum contaminated  soils,  low-
  5    level  PCB containing material, computer monitors, low-level dioxin containing
  6    material and uncut tires.
  7        (52) "Statistically significant" means significant as determined by  ANOVA
  8    analysis  of  variance as applied within 40 CFR 258.53(h)(2) or as provided by
  9    40 CFR 258.53(g)(5).
 10        (53) "Uppermost aquifer" means the geological formation nearest the  natu-
 11    ral  ground  surface  that  is  an  aquifer as well as lower aquifers that are
 12    hydraulically interconnected with this aquifer within the facility's  property
 13    boundary.
 14        (54) "Waste  management unit boundary" means a vertical surface located at
 15    the hydraulically downgradient  limit  of  the  unit.  This  vertical  surface
 16    extends down into the uppermost aquifer.
 17        (55) "Water  quality  standard" means a standard set for maximum allowable
 18    contamination in surface waters and ground water as set  forth  in  the  water
 19    quality standards for waters for the state of Idaho.
 20        (56) "Wetlands" as defined in 40 CFR 232.2(r).
 21        (57) "Wood waste" means solid waste consisting of wood pieces or particles
 22    generated  as  a  byproduct  or waste from the manufacturing of wood products,
 23    handling and storage of raw materials and trees and stumps. This includes, but
 24    is not limited to, sawdust, chips, shavings, bark, pulp, hog fuel and log yard
 25    waste, but does not include wood pieces or particles containing chemical  pre-
 26    servatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.
 27        Undefined terms shall be given their usual and ordinary meaning within the
 28    context of the provisions of this chapter.

Statement of Purpose / Fiscal Impact

                         RS 11957

The purpose of this legislation is to classify computer monitors 
as “special waste” as defined in the Idaho Solid Waste Facilities

                      FISCAL IMPACT

There is no impact to the general fund.

Name:	Senator Bert Marley
Phone:	332—1412