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S1097.................................................by HEALTH AND WELFARE
ENVIRONMENTAL MONITORING STATIONS - Amends and repeals existing law
relating to the environment to revise nonclassified employment provisions
regarding the Department of Environmental Quality; to provide additional
powers and duties of the director of the Department of Environmental
Quality; and to repeal provisions relating to radiation and nuclear
material, PCB waste disposal and coordination of programs regarding the
Idaho National Laboratory.
02/07 Senate intro - 1st rdg - to printing
02/08 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1097
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE ENVIRONMENT; AMENDING SECTION 39-104, IDAHO CODE, TO REVISE
3 NONCLASSIFIED EMPLOYMENT PROVISIONS REGARDING THE DEPARTMENT OF ENVIRON-
4 MENTAL QUALITY; AMENDING SECTION 39-105, IDAHO CODE, TO PROVIDE ADDITIONAL
5 POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUAL-
6 ITY; AMENDING SECTION 39-107D, IDAHO CODE, TO DELETE A CODE REFERENCE AND
7 TO MAKE A GRAMMATICAL CORRECTION; REPEALING SECTIONS 39-3001 THROUGH
8 39-3019, IDAHO CODE, RELATING TO RADIATION AND NUCLEAR MATERIAL; AMENDING
9 SECTION 39-2026, IDAHO CODE, TO DELETE REFERENCE TO THE DESIGNATED STATE
10 RADIATION CONTROL AGENCY; AMENDING SECTION 39-3028, IDAHO CODE, TO AUTHOR-
11 IZE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO COOPERATE WITH THE FEDERAL
12 GOVERNMENT RELATING TO THE STABILIZATION, DISPOSAL AND CONTROL OF URANIUM
13 MILL TAILINGS, TO AUTHORIZE THE DEPARTMENT TO PARTICIPATE IN FEDERAL
14 IMPLEMENTATION OF A FEDERAL ACT RELATING TO MILL TAILINGS AND TO MAKE A
15 TECHNICAL CORRECTION; REPEALING CHAPTER 62, TITLE 39, IDAHO CODE, RELATING
16 TO PCB WASTE DISPOSAL; AMENDING SECTION 39-7403, IDAHO CODE, TO REVISE A
17 DEFINITION; AMENDING SECTION 42-3902, IDAHO CODE, TO REVISE A DEFINITION;
18 AMENDING SECTION 63-3029D, IDAHO CODE, TO DELETE A CODE REFERENCE AND TO
19 MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 67-806, IDAHO CODE, RELATING
20 TO COORDINATION OF PROGRAMS REGARDING THE IDAHO NATIONAL ENGINEERING LABO-
21 RATORY; AND AMENDING SECTION 67-806A, IDAHO CODE, TO REDESIGNATE THE SEC-
22 TION AND TO PROVIDE CORRECT TERMINOLOGY.
23 Be It Enacted by the Legislature of the State of Idaho:
24 SECTION 1. That Section 39-104, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-104. DEPARTMENT OF ENVIRONMENTAL QUALITY -- CREATION. (1) There is
27 created and established in the state government a department of environmental
28 quality which shall for the purposes of section 20, article IV, of the consti-
29 tution of the state of Idaho be an executive department of the state govern-
30 ment. The executive and administrative power of this department shall be
31 vested in the director of the department who shall be appointed and serve at
32 the pleasure of the governor, with the advice and consent of the senate.
33 (2) The department shall be organized in such administrative divisions or
34 regions as may be necessary in order to efficiently administer the department.
35 Each division shall be headed by an administrator who shall be appointed by
36 and serve at the pleasure of the director.
37 (3) The INEEL INL coordinator-manager, deputy director, regional adminis-
38 trators and division administrators shall be nonclassified employees exempt
39 from the provisions of chapter 53, title 67, Idaho Code.
40 (4) No provision of this title shall be interpreted as to supersede,
41 abrogate, injure or create rights to divert or store water and apply water to
42 beneficial uses established under section 3, article XV of the constitution of
43 the state of Idaho and title 42, Idaho Code. Nothing in this title shall be
2
1 construed to allow the department to establish a water right for minimum
2 stream flows or a water right for minimum water levels in any lakes, reser-
3 voirs or impoundments. Minimum stream flows and minimum water levels may only
4 be established pursuant to chapter 15, title 42, Idaho Code.
5 (5) Nothing in this title shall be construed to allow the department to
6 establish or require minimum stream flows which would prevent any water from
7 being diverted for irrigation purposes pursuant to existing water rights, or
8 to establish or require minimum water levels in any lakes, reservoirs or
9 impoundments in which any water is stored for irrigation purposes which would
10 adversely affect existing water rights or contracts with the federal govern-
11 ment.
12 SECTION 2. That Section 39-105, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-105. POWERS AND DUTIES OF THE DIRECTOR. The director shall have the
15 following powers and duties:
16 (1) All of the rights, powers and duties regarding environmental protec-
17 tion functions vested in the department of health and welfare, and its direc-
18 tor, administered by the division of environmental quality, including, but not
19 limited to, those provided by chapters 1, 4, 30, 36, 44, 58, 62, 64, 65, 66,
20 70, 71, 72 and 74, title 39, Idaho Code. The director shall have all such
21 powers and duties as described in this section as may have been or could have
22 been exercised by his predecessors in law, and shall be the successor in law
23 to all contractual obligations entered into by predecessors in law. All hear-
24 ings of the director shall be governed by the provisions of chapter 52, title
25 67, Idaho Code.
26 (2) The director shall, pursuant and subject to the provisions of the
27 Idaho Code, and the provisions of this act, formulate and recommend to the
28 board, rules as may be necessary to deal with problems related to water pollu-
29 tion, air pollution, solid waste disposal, and licensure and certification
30 requirements pertinent thereto, which shall, upon adoption by the board, have
31 the force of the law relating to any purpose which may be necessary and feasi-
32 ble for enforcing the provisions of this act, including, but not limited to,
33 the prevention, control or abatement of environmental pollution or degradation
34 including radionuclides and risks to public health related to any of the
35 powers and duties described in this section. Any such rule may be of general
36 application throughout the state or may be limited as to times, places, cir-
37 cumstances or conditions in order to make due allowance for variations
38 therein.
39 (3) The director, under the rules adopted by the board, shall have the
40 general supervision of the promotion and protection of the environment of this
41 state. The powers and duties of the director shall include, but not be limited
42 to, the following:
43 (a) The issuance of licenses and permits as prescribed by law and by the
44 rules of the board promulgated hereunder. For each air quality operating
45 permit issued under title V of the federal clean air act and its imple-
46 menting regulations, the director shall, consistent with the federal clean
47 air act and its implementing regulations, expressly include a provision
48 stating that compliance with the conditions of the permit shall be deemed
49 compliance with the applicable requirements of the federal clean air act
50 and the title V implementing regulations. The director may develop and
51 issue general permits covering numerous similar sources, as authorized by
52 40 CFR 70.6(d) as may be amended, and as appropriate.
53 (b) The enforcement of rules relating to public water supplies and to
3
1 administer the drinking water loan fund pursuant to chapter 76, title 39,
2 Idaho Code, including making loans to eligible public drinking water sys-
3 tems as defined in the federal safe drinking water act as amended, and to
4 comply with all requirements of the act, 42 U.S.C. 300f, et seq. and regu-
5 lations promulgated pursuant to the act. This includes, but is not lim-
6 ited to, the development of and implementation of a capacity development
7 strategy to ensure public drinking water systems have the technical, mana-
8 gerial and financial capability to comply with the national primary drink-
9 ing water regulations; and the enhancement of protection of source waters
10 for public drinking water systems.
11 (c) The establishment of liaison with other governmental departments,
12 agencies and boards in order to effectively assist other governmental
13 entities with the planning for the control of or abatement of environmen-
14 tal pollution. All of the rules adopted by the board hereunder shall apply
15 to state institutions.
16 (d) The supervision and administration of a system to safeguard air qual-
17 ity and for limiting and controlling the emission of air contaminants.
18 (e) The supervision and administration of a system to safeguard the qual-
19 ity of the waters of this state including, but not limited to, the
20 enforcement of rules relating to the discharge of effluent into the waters
21 of this state and the storage, handling and transportation of solids, liq-
22 uids, and gases which may cause or contribute to water pollution. For pur-
23 poses of complying with the clean water act, the director may provide an
24 exemption from additional reductions for those nonpoint sources that meet
25 the applicable reductions set forth in an approved TMDL as defined in
26 chapter 36, title 39, Idaho Code.
27 (f) The supervision and administration of administrative units whose
28 responsibility shall be to assist and encourage counties, cities, other
29 governmental units, and industries in the control of and/or abatement of
30 environmental pollution.
31 (g) The administration of solid waste disposal site and design review in
32 accordance with the provisions of chapter 74, title 39, Idaho Code, and
33 chapter 4, title 39, Idaho Code, and in particular as follows:
34 (i) The issuance of a solid waste disposal site certificate in the
35 manner provided in chapter 74, title 39, Idaho Code.
36 (ii) Provide review and approval regarding the design of solid waste
37 disposal facilities and ground water monitoring systems and approval
38 of all applications for flexible standards as provided in 40 CFR 258,
39 in accordance with the provisions of chapter 74, title 39, Idaho
40 Code.
41 (iii) Cooperating and coordinating with operational monitoring of
42 solid waste disposal sites by district health departments pursuant to
43 authority established in chapters 4 and 74, title 39, Idaho Code.
44 (iv) The authority granted to the director pursuant to provisions of
45 this subsection shall be effective upon enactment of chapter 74,
46 title 39, Idaho Code, by the legislature.
47 (v) The authority to develop and propose rules as necessary to sup-
48 plement details of compliance with the solid waste facilities act and
49 applicable federal regulations, provided that such regulations shall
50 not conflict with the provisions of this act nor shall such regula-
51 tions be more strict than the requirements established in federal law
52 or in the solid waste facilities act.
53 (h) The establishment, administration and operation of:
54 (i) A network of environmental monitoring stations, independent of
55 the United States department of energy, within and around the facili-
4
1 ties of the Idaho national laboratory to provide authoritative audit-
2 ing and analysis of emissions of pollutants from such facilities; and
3 (ii) Programs within the department to utilize the data obtained
4 from such monitoring, and any other relevant data, in the enforcement
5 of applicable statutes and rules pertaining to such facilities and
6 programs to review, analyze and participate in remedial decisions and
7 other proposed actions and projects to ensure the protection of pub-
8 lic health and the environment.
9 The director shall also monitor the implementation of agreements between
10 the United States and the state of Idaho related to the operation and
11 environmental protection obligations of the Idaho national laboratory and
12 provide periodic information to the governor, the attorney general, the
13 legislature and the people of Idaho concerning compliance with such agree-
14 ments and obligations. The director shall have the power to enter into
15 agreements with the United States department of energy in order to carry
16 out the duties and authorities provided in this subsection.
17 (i) The enforcement of all laws, rules, regulations, codes and standards
18 relating to environmental protection and health.
19 (ij) The enhancement and protection of source waters of the state pursu-
20 ant to rules of the board.
21 (4) The director, when so designated by the governor, shall have the
22 power to apply for, receive on behalf of the state, and utilize any federal
23 aid, grants, gifts, gratuities, or moneys made available through the federal
24 government including, but not limited to, the federal water pollution control
25 act, for use in or by the state of Idaho in relation to health and environmen-
26 tal protection.
27 (5) The director shall have the power to enter into and make contracts
28 and agreements with any public agencies or municipal corporation for facili-
29 ties, land, and equipment when such use will have a beneficial or recreational
30 effect or be in the best interest in carrying out the duties imposed upon the
31 department.
32 The director shall also have the power to enter into contracts for the
33 expenditure of state matching funds for local purposes. This subsection will
34 constitute the authority for public agencies or municipal corporations to
35 enter into such contracts and expend money for the purposes delineated in such
36 contracts.
37 (6) The director is authorized to adopt an official seal to be used on
38 appropriate occasions, in connection with the functions of the department or
39 the board, and such seal shall be judicially noticed. Copies of any books,
40 records, papers and other documents in the department shall be admitted in
41 evidence equally with the originals thereof when authenticated under such
42 seal.
43 SECTION 3. That Section 39-107D, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 39-107D. RULES OF DEPARTMENT OR BOARD. (1) The legislature directs that
46 any rule formulated and recommended by the department to the board which is
47 broader in scope or more stringent than federal law or regulations, or pro-
48 poses to regulate an activity not regulated by the federal government, is sub-
49 ject to the following additional requirements: the notice of proposed rulemak-
50 ing and rulemaking record requirements under chapter 52, title 67, Idaho Code,
51 must clearly specify that the proposed rule, or portions of the proposed rule,
52 are broader in scope or more stringent than federal law or regulations, or
53 regulate an activity not regulated by the federal government, and delineate
5
1 which portions of the proposed rule are broader in scope or more stringent
2 than federal law or regulations, or regulate an activity not regulated by the
3 federal government.
4 (2) To the degree that a department action is based on science, in pro-
5 posing any rule or portions of any rule subject to this section, the depart-
6 ment shall utilize:
7 (a) The best available peer reviewed science and supporting studies con-
8 ducted in accordance with sound and objective scientific practices; and
9 (b) Data collected by accepted methods or best available methods if the
10 reliability of the method and the nature of the decision justifies justify
11 use of the data.
12 (3) Any proposed rule subject to this section which proposes a standard
13 necessary to protect human health and the environment shall also include in
14 the rulemaking record requirements under chapter 52, title 67, Idaho Code, the
15 following additional information:
16 (a) Identification of each population or receptor addressed by an esti-
17 mate of public health effects or environmental effects; and
18 (b) Identification of the expected risk or central estimate of risk for
19 the specific population or receptor; and
20 (c) Identification of each appropriate upper bound or lower bound esti-
21 mate of risk; and
22 (d) Identification of each significant uncertainty identified in the
23 process of the assessment of public health effects or environmental
24 effects and any studies that would assist in resolving the uncertainty;
25 and
26 (e) Identification of studies known to the department that support, are
27 directly relevant to, or fail to support any estimate of public health
28 effects or environmental effects and the methodology used to reconcile
29 inconsistencies in the data.
30 (4) The department shall also include a summary of the information
31 required by subsection (3) of this section in the notice of rulemaking
32 required by chapter 52, title 67, Idaho Code.
33 (5) Any rule promulgated or adopted by the board which is broader in
34 scope or more stringent than federal law or regulations, or which regulates an
35 activity not regulated by the federal government, submitted to the standing
36 committee of the legislature pursuant to section 67-5291, Idaho Code, shall
37 include a notice by the board identifying the portions of the adopted rule
38 that are broader in scope or more stringent than federal law or rules, or
39 which regulate an activity not regulated by the federal government.
40 (6) Nothing provided herein is intended to alter the scope or effect of
41 sections 39-105(3)(g)(v), 39-118B, 39-3601, 39-4404, 39-6205, 39-7210 and
42 39-7404, Idaho Code, or any other provision of state law which limits or pro-
43 hibits agency action or rulemaking that is broader in scope or more stringent
44 than federal law or regulations.
45 SECTION 4. That Sections 39-3001 through 39-3019, Idaho Code, be, and the
46 same are hereby repealed.
47 SECTION 5. That Section 39-3026, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-3026. IMPLEMENTATION OF ARTICLE III. The state department of environ-
50 mental quality, as the designated state radiation control agency, shall adopt
51 the practices and may impose the fees authorized under article III of the com-
52 pact, except that the Idaho state police and the public utilities commission
6
1 shall retain their existing enforcement and inspection authority relating to
2 carriers. The board of environmental quality shall adopt such rules as may be
3 necessary to enable the department of environmental quality to carry out the
4 provisions of this section.
5 SECTION 6. That Section 39-3028, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-3028. DISPOSAL OF URANIUM MILL TAILINGS. (1) Legislative declaration.
8 The legislature hereby finds and declares that the existence of uranium mill
9 tailings at active and inactive mill operations could pose a potential radia-
10 tion health hazard. This section is enacted to protect the public health,
11 safety, and welfare by authorizing the state radiation control agency depart-
12 ment of environmental quality to cooperate with the federal government in pro-
13 viding for the stabilization, disposal, and control of such tailings in a safe
14 and environmentally sound manner.
15 (2) Terms defined. For the purposes of this section, the terms
16 "processing site" and "residual radioactive material" shall have the meanings
17 specified in section 101(6) and (7), respectively, of public law 95-604, 42
18 U.S.C., section 7901, et seq., as from time to time amended.
19 (3) Authorization to participate. The state radiation control agency
20 department of environmental quality is hereby authorized to participate in
21 federal implementation of the "Uranium Mill Tailings Radiation Control Act of
22 1978" (P.L. 95-604), and for such purpose the agency may:
23 (a) Enter into cooperative agreements with the secretary of energy to
24 perform remedial actions at processing sites designated by the secretary;
25 (b) Obtain written consent from the record owner of a designated process-
26 ing site to perform remedial actions at such site;
27 (c) Provide for reimbursement for the actual cost of any remedial action
28 in accordance with the terms of public law 95-604;
29 (d) Acquire and dispose of any designated processing site, including any
30 interest in such site, and any site to be used for the permanent disposi-
31 tion and stabilization of residual radioactive materials.;
32 (e) Participate in the selection and performance of remedial actions.
33 (4) Financial participation.
34 (a) The legislature accepts in principle the provisions of section 107(a)
35 of public law 95-604 which requires the state to pay ten percent (10%) of
36 the actual cost of any remedial action and administrative costs from non-
37 federal moneys, reserving, however, the right and authority to limit
38 through yearly appropriations the amount of state moneys committed to such
39 costs.
40 (b) The state of Idaho may receive all or a share of the net profits
41 derived from the recovery of minerals from residual radioactive materials
42 at any designated processing site within the state in accordance with the
43 provisions of section 108(b) of public law 95-604.
44 SECTION 7. That Chapter 62, Title 39, Idaho Code, be, and the same is
45 hereby repealed.
46 SECTION 8. That Section 39-7403, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 39-7403. DEFINITIONS. As used in this chapter:
49 (1) "Active portion" means that part of a facility or unit that has
50 received or is receiving wastes and that has not been closed in accordance
7
1 with 40 CFR 258.60.
2 (2) "Agricultural wastes" means wastes generated on farms resulting from
3 the production of agricultural products including, but not limited to, manures
4 and carcasses of dead animals weighing each or collectively in excess of fif-
5 teen (15) pounds but do not include wastes that are classified as hazardous.
6 (3) "Applicant" means the owner or the operator with the owner's written
7 consent.
8 (4) "Aquifer" means a geological formation, group of formations, or a
9 portion of a formation capable of yielding significant quantities of ground
10 water to wells or springs.
11 (5) "Board" means the Idaho board of environmental quality.
12 (6) "Buffer zone" means that part of a facility that lies between the
13 active portion and the property boundary.
14 (7) "Clean soils and clean dredge spoils" means soils and dredge spoils
15 which are not hazardous wastes or problem wastes as defined in this section.
16 (8) "Commercial solid waste" means all types of solid waste generated by
17 stores, offices, restaurants, warehouses and other nonmanufacturing activi-
18 ties, excluding residential and industrial wastes.
19 (9) "Commercial solid waste facility" means a facility owned and operated
20 as an enterprise conducted with the intent of making a profit by any individ-
21 ual, association, firm, or partnership for the disposal of solid waste, but
22 excludes a facility owned or operated by a political subdivision, state or
23 federal agency, municipality or a facility owned or operated by any individ-
24 ual, association, firm or partnership exclusively for the disposal of solid
25 waste generated by such individual, association, firm or partnership.
26 (10) "Construction/demolition waste" means the waste building materials,
27 packaging and rubble resulting from construction, remodeling, repair and demo-
28 lition operations on pavements, houses, commercial buildings and other struc-
29 tures. Such waste includes, but is not limited to, bricks, concrete, other
30 masonry materials, soil, rock, lumber, road spoils, rebar, paving materials
31 and tree stumps. Noninert wastes and asbestos wastes are not considered to be
32 demolition waste for the purposes of this chapter.
33 (11) "Contaminate" means to allow discharge of a substance from a landfill
34 that would cause:
35 (a) The concentration of that substance in the ground water to exceed the
36 maximum contamination level (MCL) specified in 40 CFR 258.40, Idaho drink-
37 ing water standards; or
38 (b) A statistically significant increase in the concentration of that
39 substance in the ground water where the existing concentration of that
40 substance exceeds the maximum contamination level specified in paragraph
41 (a) of this subsection; or
42 (c) A statistically significant increase above background in the concen-
43 tration of a substance which:
44 (i) is not specified in paragraph (a) of this subsection; and
45 (ii) is a result of the disposal of solid waste; and
46 (iii) has been determined by the department to present a substantial
47 risk to human health or the environment in the concentrations found
48 at the point of compliance.
49 (12) "County" means any county in the state of Idaho.
50 (13) "Cover material" means soil or other suitable material that is used
51 to protect the active portion of the MSWLF unit.
52 (14) "Director" means the director of the Idaho department of environmen-
53 tal quality.
54 (15) "Existing MSWLF unit" means any municipal solid waste landfill unit
55 that is receiving solid waste as of the applicable date specified in 40 CFR
8
1 258.1(e).
2 (16) "Facility" means all contiguous land and structures, buffer zones,
3 and other appurtenances and improvements on the land used for the disposal of
4 solid waste.
5 (17) "Floodplain" means the area encompassed by the one hundred (100) year
6 flood as defined by applicable federal emergency management agency (FEMA)
7 flood insurance maps or, if no map exists, then as defined in 40 CFR 258.11.
8 (18) "Ground water" means water below the land surface in a zone of satu-
9 ration.
10 (19) "Health district" means one (1) of the seven (7) district health
11 departments of the state of Idaho.
12 (20) "Holocene fault" means a fault characterized as a fracture or a zone
13 of fractures in any material along which strata on one (1) side have been dis-
14 placed with respect to that on the other side and holocene being the most
15 recent epoch of the quaternary period, extending from the end of the
16 pleistocene epoch to the present.
17 (21) "Household waste" means any solid waste, including garbage, trash and
18 sanitary waste in septic tanks, derived from households, including single and
19 multiple residences, hotels and motels, bunkhouses, ranger stations, crew
20 quarters, campgrounds, picnic grounds and day use recreation areas.
21 (22) "Industrial solid waste" means solid waste generated by manufacturing
22 or industrial processes that is not a hazardous waste regulated under subtitle
23 C of RCRA. Such waste may include, but is not limited to, waste resulting from
24 the following manufacturing processes: electric power generation; fertilizer
25 and agricultural chemicals; food and related products and byproducts; inor-
26 ganic chemicals; iron and steel manufacturing; leather and leather products;
27 nonferrous metals manufacturing/foundries; organic chemicals; plastics and
28 resins manufacturing; pulp and paper industry; rubber and miscellaneous plas-
29 tic products; stone, glass, clay and concrete products; textile manufacturing;
30 transportation equipment; and water treatment. This term does not include min-
31 ing waste or oil and gas waste.
32 (23) "Inert wastes" means noncombustible, nonhazardous, nonputrescible,
33 nonleaching solid wastes that are likely to retain their physical and chemical
34 structure under expected conditions of disposal, including resistance to bio-
35 logical attack.
36 (24) "Landfill" means an area of land or an excavation in which wastes are
37 placed for permanent disposal, and that is not a land application unit, sur-
38 face impoundment, injection well or waste pile.
39 (25) "Landspreading disposal facility" or "land application unit" means a
40 facility that applies sludges or other solid wastes onto or incorporates solid
41 waste into the soil surface, excluding manure spreading operations, at greater
42 than agronomic rates and soil conditioners and immobilization rates.
43 (26) "Lateral expansion" means a horizontal expansion of the waste bound-
44 aries of an existing MSWLF unit.
45 (27) "Leachate" means a liquid that has passed through or emerged from
46 solid waste and contains soluble, suspended or miscible materials removed from
47 such waste.
48 (28) "Limited purpose landfill" means a landfill that receives solid waste
49 of limited type with known and consistent composition other than wood wastes,
50 municipal solid waste, inert waste and construction/demolition waste.
51 (29) "Liquid waste" as defined in 40 CFR 258.28(c)(1).
52 (30) "Monofill" means a landfill which contains a specific waste whose
53 waste stream characteristics remain unchanged over time and may include spe-
54 cial wastes, problem wastes or other consistent characteristic wastes but do
55 not include wastes regulated under any other applicable regulations.
9
1 (31) "Municipal solid waste landfill unit (MSWLF)" means a discrete area
2 of land or an excavation that receives household waste, and that is not a land
3 application unit, surface impoundment, injection well, or waste pile, as those
4 terms are defined under 40 CFR 257.2. A MSWLF unit also may receive other
5 types of RCRA subtitle D wastes, such as commercial solid waste, nonhazardous
6 sludge, conditionally exempt small quantity generator waste and industrial
7 solid waste. Such a landfill may be publicly or privately owned. A MSWLF unit
8 may be a new MSWLF unit, an existing MSWLF unit or a lateral expansion.
9 (32) "New MSWLF unit" means any municipal solid waste landfill unit that
10 has not received waste prior to October 9, 1993, or prior to October 9, 1995,
11 if the MSWLF unit meets the conditions specified in 40 CFR 258.1(f)(1).
12 (33) "Open burning" means the combustion of solid waste without: (a) con-
13 trol of combustion air to maintain adequate temperature for efficient combus-
14 tion; (b) containment of the combustion reaction in an enclosed device to pro-
15 vide sufficient resident time and mixing for complete combustion; and (c) con-
16 trol of the emission of the combustion products.
17 (34) "Operator" means the person(s) responsible for the overall operation
18 of a facility or part of a facility.
19 (35) "Owner" means the person(s) who owns a facility or part of a facil-
20 ity.
21 (36) "Permeability" means the capacity of a material to transmit a liquid.
22 For the purposes of this chapter permeability is expressed in terms of hydrau-
23 lic conductivity of water in centimeters-per-second units of measurement.
24 (37) "Person" means an individual, association, firm, partnership, politi-
25 cal subdivision, public or private corporation, state or federal agency,
26 municipality, industry, or any other legal entity whatsoever.
27 (38) "Pile" or "waste pile" means any noncontainerized solid, nonflowing
28 waste that is accumulated for treatment or storage.
29 (39) "Plan of operation" means the written plan developed by an owner or
30 operator of a MSWLF unit detailing how the facility is to be operated during
31 its active life, during closure, and throughout the post closure period.
32 (40) "Point of compliance" means a vertical surface located at the hydrau-
33 lically downgradient intercept with the uppermost aquifer at which a release
34 from a waste management unit measured as change in constituent values will
35 trigger assessment monitoring. Point of compliance shall be used to define the
36 facility design, location and frequency of ground water monitoring wells and
37 corrective action.
38 (41) "Post closure" means the requirements placed upon the MSWLF unit
39 after closure to ensure their environmental safety for a thirty (30) year
40 period or until the site becomes stabilized in accordance with section
41 39-7416, Idaho Code.
42 (42) "Processing" means an operation conducted on solid waste to prepare
43 it for disposal.
44 (43) "Qualified professional" means a licensed professional geologist or
45 licensed professional engineer, as appropriate, holding current professional
46 registration in compliance with applicable provisions of the Idaho Code.
47 (44) "RCRA" means the resource conservation and recovery act (42 U.S.C.
48 sec. 6901 et seq.), as amended.
49 (45) "Run-off" means any rainwater, leachate, or other liquid that drains
50 over land from any part of a facility.
51 (46) "Run-on" means any rainwater, leachate, or other liquid that drains
52 over land onto any part of a facility.
53 (47) "Saturated zone" means that part of the earth's crust in which all
54 voids are filled with water.
55 (48) "Septage" means a semisolid consisting of settled sewage solids com-
10
1 bined with varying amounts of water and dissolved materials generated from a
2 septic tank system.
3 (49) "Sludge" means any solid, semisolid, or liquid waste generated from a
4 municipal, commercial, or industrial waste water treatment plant, water supply
5 treatment plant or air pollution control facility exclusive of the treated
6 effluent from a waste water treatment plant.
7 (50) "Solid waste" means any garbage or refuse, sludge from a waste water
8 treatment plant, water supply treatment plant, or air pollution control facil-
9 ity and other discarded material including solid, liquid, semisolid, or con-
10 tained gaseous material resulting from industrial, commercial, mining, and
11 agricultural operations and from community activities, but does not include
12 solid or dissolved materials in domestic sewage, or solid or dissolved mate-
13 rials in irrigation return flows or industrial discharges that are point
14 sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or
15 byproduct material as defined in the atomic energy act of 1954, as amended (68
16 Stat. 923). These regulations shall not apply to the following solid wastes:
17 (a) Overburden, waste dumps and low-grade stockpiles from mining opera-
18 tions;
19 (b) Liquid wastes whose discharge or potential discharge is regulated
20 under federal, state or local water pollution permits;
21 (c) Hazardous wastes as designated in the hazardous waste management act,
22 chapter 44, title 39, Idaho Code;
23 (d) Wood waste used for ornamental, animal bedding, mulch and plant bed-
24 ding and road building purposes;
25 (e) Agricultural wastes, limited to manures and crop residues, returned
26 to the soils at agronomic rates;
27 (f) Clean soils and clean dredge spoils as otherwise regulated under sec-
28 tion 404 of the federal clean water act (PL 95-217);
29 (g) Septage taken to a sewage treatment plant permitted by either the
30 U.S. environmental protection agency or the department; and
31 (h) Radioactive wastes, defined in the radiation and nuclear materials
32 act, chapter 30, title 39, Idaho Code; and
33 (ih) Wood debris resulting from the harvesting of timber and the disposal
34 of which is permitted under chapter 1, title 38, Idaho Code.
35 (51) "Special waste" means those wastes which require special treatment or
36 handling after it arrives at the disposal site. The term includes, but is not
37 limited to, asbestos containing material, petroleum contaminated soils, low-
38 level PCB containing material, low-level dioxin containing material and uncut
39 tires.
40 (52) "Statistically significant" means significant as determined by ANOVA
41 analysis of variance as applied within 40 CFR 258.53(h)(2) or as provided by
42 40 CFR 258.53(g)(5).
43 (53) "Uppermost aquifer" means the geological formation nearest the natu-
44 ral ground surface that is an aquifer as well as lower aquifers that are
45 hydraulically interconnected with this aquifer within the facility's property
46 boundary.
47 (54) "Waste management unit boundary" means a vertical surface located at
48 the hydraulically downgradient limit of the unit. This vertical surface
49 extends down into the uppermost aquifer.
50 (55) "Water quality standard" means a standard set for maximum allowable
51 contamination in surface waters and ground water as set forth in the water
52 quality standards for waters for the state of Idaho.
53 (56) "Wetlands" as defined in 40 CFR 232.2(r).
54 (57) "Wood waste" means solid waste consisting of wood pieces or particles
55 generated as a byproduct or waste from the manufacturing of wood products,
11
1 handling and storage of raw materials and trees and stumps. This includes, but
2 is not limited to, sawdust, chips, shavings, bark, pulp, hog fuel and log yard
3 waste, but does not include wood pieces or particles containing chemical pre-
4 servatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.
5 Undefined terms shall be given their usual and ordinary meaning within the
6 context of the provisions of this chapter.
7 SECTION 9. That Section 42-3902, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 42-3902. DEFINITIONS. Whenever used in this chapter:
10 (1) "Aquifer" means any geologic formation that will yield water to a
11 well in sufficient quantities to make production of water from the formation
12 feasible for beneficial use, except when the water in such formation results
13 solely from injection through a waste disposal and injection well.
14 (2) "Director" means the director of the department of water resources.
15 (3) "Drinking water source" means an aquifer which contains water having
16 less than 10,000 mg/l total dissolved solids and has not been exempted from
17 this designation by the director of the department of water resources.
18 (4) "Fluid" means any material or substance which flows or moves whether
19 in a semisolid, liquid, sludge, gaseous or any other form or state.
20 (5) "Formation" means a body of consolidated or unconsolidated rock char-
21 acterized by a degree of lithologic homogeneity which is mappable at the
22 earth's surface or traceable in the subsurface.
23 (6) "Hazardous waste" means any fluid or combination of fluids, excluding
24 radioactive wastes, which because of quantity, concentration or characteris-
25 tics (physical, chemical or biological) may:
26 (a) Cause or significantly contribute to an increase in deaths or an
27 increase in serious, irreversible or incapacitating reversible illness; or
28 (b) Pose a substantial threat to human health or to the environment if
29 improperly treated, stored, disposed of, or managed. Such wastes include,
30 but are not limited to, materials which are toxic, corrosive, ignitable,
31 or reactive, or materials which may have mutagenic, teratogenic, or carci-
32 nogenic properties, but do not include solid or dissolved material in
33 domestic sewage or solid or dissolved material in irrigation return flows.
34 (7) "Injection" means the subsurface emplacement of fluids.
35 (8) "Injection well" means any excavation or artificial opening into the
36 ground which meets the following three (3) criteria:
37 (a) It is a bored, drilled or dug hole, or is a driven mine shaft or a
38 driven well point; and
39 (b) It is deeper than its largest straight-line surface dimension; and
40 (c) It is used for or intended to be used for injection.
41 (9) "Irrigation waste water" means surplus water diverted for irrigation
42 but not applied to crops or runoff of surplus water from the cropland as a
43 result of irrigation.
44 (10) "Licensed driller" means any person holding a valid license to drill
45 water wells in Idaho as provided and defined in section 42-238, Idaho Code.
46 (11) "Operate" means to allow fluids to enter an injection well by action
47 or by inaction of the operator.
48 (12) "Operator" means any individual, group of individuals, partnership,
49 company, corporation, municipality, county, state agency, taxing district or
50 federal agency who operates or proposes to operate any injection well.
51 (13) "Owner" means any individual, group of individuals, partnership, com-
52 pany, corporation, municipality, county, state agency, taxing district, or
53 federal agency owning land on which any injection well exists or is proposed
12
1 to be constructed.
2 (14) "Radioactive material" means any material, solid, liquid or gas which
3 emits radiation spontaneously.
4 (15) "Radioactive waste" means any fluid which contains radioactive mate-
5 rial in concentrations which exceed those established for discharges to water
6 in an unrestricted area by the board of environmental quality under the provi-
7 sions of chapter 30, title 39, Idaho Code by 10 CFR 20.
8 (16) "Shallow injection well" means an injection well which is less than
9 or equal to eighteen (18) feet in vertical depth below land surface.
10 (17) "Sanitary waste" means any fluid generated through domestic activi-
11 ties, such as food preparation, cleaning and personal hygiene.
12 (18) "Surface runoff water" means runoff water from the natural ground
13 surface and cropland. Runoff from urbanized areas, such as streets, parking
14 lots, airports, and runoff from animal feedlots, agricultural processing
15 facilities and similar facilities are not included within the scope of this
16 term.
17 (19) "Waste disposal and injection well" means an injection well which is
18 more than eighteen (18) feet in vertical depth below land surface.
19 SECTION 10. That Section 63-3029D, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 63-3029D. TAX CREDIT FOR QUALIFIED EQUIPMENT UTILIZING POSTCONSUMER WASTE
22 OR POSTINDUSTRIAL WASTE. (1) For income tax years commencing on and after Jan-
23 uary 1, 1994, there shall be allowed a credit against the tax imposed pursuant
24 to this chapter for each taxpayer who purchases qualified equipment on and
25 after January 1, 1994.
26 (2) The credit provided pursuant to the provisions of subsection (1) of
27 this section shall be an amount equal to twenty per cent percent (20%) of the
28 costs incurred by the taxpayer for purchases of qualified equipment and shall
29 be claimed in the income tax year in which at least ninety per cent percent
30 (90%) of the total production of such qualified equipment is used by the tax-
31 payer to manufacture products utilizing postconsumer waste or postindustrial
32 waste. In no event shall the tax credit be more than thirty thousand dollars
33 ($30,000) per tax year.
34 (3) If the amount of the credit provided pursuant to the provisions of
35 subsection (2) of this section exceeds the amount of income taxes otherwise
36 due on the income of the taxpayer in the income tax year for which the credit
37 is being claimed, the amount of the credit not used as an offset against
38 income taxes in such income tax year may be carried forward as a credit
39 against subsequent years' income tax liability for a period not exceeding
40 seven (7) years and shall be applied first to the earliest income tax years
41 possible. Any amount of the credit which is not used after such period shall
42 not be refundable to the taxpayer.
43 (4) As used in this section:
44 (a) "Collection" means:
45 (i) The acquisition of materials from businesses or the general
46 public through purchase or donation, including the organization of
47 systems for such acquisitions;
48 (ii) The preparation of materials for over-the-road transportation
49 through cleaning, densification by shredding, baling, or any other
50 method, or coalescence, including the organization of systems for
51 such preparation; or
52 (iii) The transportation of postconsumer waste or postindustrial
53 waste between separate geographical locations.
13
1 (b) "Costs" means the amount of the purchase price or the amount of the
2 annual lease payment.
3 (c) "Postconsumer waste" or "postindustrial waste" means only those prod-
4 ucts and materials consisting of paper, glass or plastic generated by
5 businesses or consumers which have served their intended end use or use-
6 fulness and either have been or would normally be disposed of as solid
7 waste except for the fact that they are separated from solid waste for
8 purposes of collection, recycling or reuse. "Postconsumer waste" or
9 "postindustrial waste" shall not include radioactive waste, as defined in
10 this section, or hazardous waste, as defined in chapter 44, title 39,
11 Idaho Code.
12 (d) "Product" means any material resulting from a manufacturing process
13 and offered for sale to the private or public sector which is composed of
14 at least fifty per cent percent (50%) postconsumer waste or postindustrial
15 waste. "Product" does not include any shredded material unless such shred-
16 ded material is incorporated directly into the manufacturing process.
17 (e) "Purchase" means:
18 (i) Any transaction under which title to qualified equipment is
19 transferred for consideration; or
20 (ii) Any lease contract for qualified equipment for a period of at
21 least three (3) years regardless of whether title to qualified equip-
22 ment is transferred at the end of such period.
23 (f) "Qualified equipment" means machinery or equipment located within
24 Idaho which has at least an estimated three (3) years' useful life and of
25 which at least ninety per cent percent (90%) of the total production
26 thereof is used by the taxpayer to manufacture products utilizing
27 postconsumer waste or postindustrial waste. "Qualified equipment" shall
28 not include any machinery or equipment which is used for the collection of
29 postconsumer waste or postindustrial waste.
30 (g) "Radioactive waste" or "nuclear waste" means a waste or combination
31 of wastes of a solid, liquid, semisolid or contained gaseous form which
32 contains radiation. as that term is defined in section 39-3003, Idaho
33 Code.
34 (5) Any recomputation of the credit allowed in subsection (2) of this
35 section on property disposed of or ceasing to qualify, prior to the close of
36 its useful life, shall be determined according to section 47 of the Internal
37 Revenue Code, as such existed on November 5, 1990.
38 SECTION 11. That Section 67-806, Idaho Code, be, and the same is hereby
39 repealed.
40 SECTION 12. That Section 67-806A, Idaho Code, be, and the same is hereby
41 amended to real as follows:
42 67-806A57-822. INEEL INL SETTLEMENT FUND. (1) There is hereby established
43 in the state treasury a fund, separate and apart from all other public moneys
44 or funds of this state, to be known as the INEEL INL settlement fund.
45 (2) The fund shall consist of all payments received from the U.S. depart-
46 ment of energy, or a successor agency, pursuant to the 1995 court approved
47 settlement between the state of Idaho, the U.S. department of energy and the
48 U.S. navy.
49 (3) Moneys in the fund may be expended by the office of the governor,
50 consistent with the terms of the court approved settlement, to mitigate the
51 impacts of the Idaho national engineering and environmental laboratory
52 workforce restructuring on the Idaho economy by furthering the creation of
14
1 sustainable jobs and diversification of the southeastern Idaho economy, and
2 for other purposes mutually acceptable to the governor of the state of Idaho
3 and the U.S. department of energy.
4 (4) All moneys placed in the fund are hereby continuously appropriated to
5 the office of the governor for the purposes described in this section.
6 (5) Pending use, surplus moneys in the fund shall be invested by the
7 state treasurer in the same manner as provided under section 67-1210, Idaho
8 Code. Interest earned on the investments shall be returned to the fund.
STATEMENT OF PURPOSE
RS 16831
This legislation provides technical corrections to the
statute that created the Idaho Department of Environmental
Quality in 2002.
The first correction requires the Director of the Department
to establish and administer an environmental monitoring and
oversight program for the Idaho National Laboratory. Although
the Department currently operates such a program, there is no
statutory authority for it to do so.
The second correction repeals the unconstitutional and
obsolete radiation control statute found in Chapter 30, Title 39,
Idaho Code. Idaho once had delegated authority from the federal
government to operate a radiation control program but returned
such authority to the Nuclear Regulatory Commission in 1991.
The third correction repeals the PCB disposal act. This act
provides the basis for the Department to administer a PCB waste
disposal program if legal authority to do so could be delegated
from the Environmental Protection Agency (EPA) to the Department.
Such authority cannot be delegated from EPA to the state.
Accordingly, EPA regulates the disposal of PCBs in Idaho.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Senator Denton Darrington
Phone: 332-1317
Representative Mark Snodgrass
Phone: 332-1170
STATEMENT OF PURPOSE/FISCAL NOTE S 1097