2007 Legislation
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SENATE BILL NO. 1097 – Environmental monitoring stations


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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

Bill Text

  ]]]]              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
 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
  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
  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-
  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
  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
  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
  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
  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.
  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-
  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,
  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
  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:
 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.
  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
  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 / Fiscal Impact

                       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.

Name:  Senator Denton Darrington 
Phone: 332-1317
Representative Mark Snodgrass
Phone: 332-1170

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1097