2007 Legislation
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SENATE BILL NO. 1148 – Environmental monitoring stations


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Bill Status

S1148.................................................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.
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Health/Wel
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Darrington
    Title apvd - to House
03/01    House intro - 1st rdg - to Env
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      NAYS -- None
      Absent and excused -- Clark
    Floor Sponsor - Snodgrass
    Title apvd - to Senate
03/13    To enrol
03/14    Rpt enrol - Pres signed - Sp signed
03/15    To Governor
03/15    Governor signed
         Session Law Chapter 83
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1148
                              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, discharges or releases of pollutants
  3             to the environment, including the  air,  water  and  soil  from  such
  4             facilities; and
  5             (ii)  Programs  within  the  department  to utilize the data obtained
  6             from such monitoring, and any other relevant data, in the enforcement
  7             of applicable agreements,  statutes  and  rules  pertaining  to  such
  8             facilities  and  programs to review, analyze and participate in reme-
  9             dial decisions and other proposed actions and projects to ensure  the
 10             protection of public health and the environment.
 11        The  director  shall also monitor the implementation of agreements between
 12        the United States and the state of Idaho  related  to  the  operation  and
 13        environmental  protection obligations of the Idaho national laboratory and
 14        provide periodic information to the governor, the  attorney  general,  the
 15        legislature and the people of Idaho concerning compliance with such agree-
 16        ments  and  obligations.  The  director shall have the power to enter into
 17        agreements with the United States department of energy in order  to  carry
 18        out the duties and authorities provided in this subsection.
 19        (i)  The  enforcement of all laws, rules, regulations, codes and standards
 20        relating to environmental protection and health.
 21        (ij)  The enhancement and protection of source waters of the state  pursu-
 22        ant to rules of the board.
 23        (4)  The  director,  when  so  designated  by the governor, shall have the
 24    power to apply for, receive on behalf of the state, and  utilize  any  federal
 25    aid,  grants,  gifts, gratuities, or moneys made available through the federal
 26    government including, but not limited to, the federal water pollution  control
 27    act, for use in or by the state of Idaho in relation to health and environmen-
 28    tal protection.
 29        (5)  The  director  shall  have the power to enter into and make contracts
 30    and agreements with any public agencies or municipal corporation  for  facili-
 31    ties, land, and equipment when such use will have a beneficial or recreational
 32    effect  or be in the best interest in carrying out the duties imposed upon the
 33    department.
 34        The director shall also have the power to enter  into  contracts  for  the
 35    expenditure  of  state matching funds for local purposes. This subsection will
 36    constitute the authority for public  agencies  or  municipal  corporations  to
 37    enter into such contracts and expend money for the purposes delineated in such
 38    contracts.
 39        (6)  The  director  is  authorized to adopt an official seal to be used on
 40    appropriate occasions, in connection with the functions of the  department  or
 41    the  board,  and  such  seal shall be judicially noticed. Copies of any books,
 42    records, papers and other documents in the department  shall  be  admitted  in
 43    evidence  equally  with  the  originals  thereof when authenticated under such
 44    seal.
 45        SECTION 3.  That Section 39-107D, Idaho Code, be, and the same  is  hereby
 46    amended to read as follows:
 47        39-107D.  RULES  OF  DEPARTMENT OR BOARD. (1) The legislature directs that
 48    any rule formulated and recommended by the department to the  board  which  is
 49    broader  in  scope  or more stringent than federal law or regulations, or pro-
 50    poses to regulate an activity not regulated by the federal government, is sub-
 51    ject to the following additional requirements: the notice of proposed rulemak-
 52    ing and rulemaking record requirements under chapter 52, title 67, Idaho Code,
 53    must clearly specify that the proposed rule, or portions of the proposed rule,
  1    are broader in scope or more stringent than federal  law  or  regulations,  or
  2    regulate  an  activity  not regulated by the federal government, and delineate
  3    which portions of the proposed rule are broader in  scope  or  more  stringent
  4    than federal law or  regulations, or regulate an activity not regulated by the
  5    federal government.
  6        (2)  To  the  degree that a department action is based on science, in pro-
  7    posing any rule or portions of any rule subject to this section,  the  depart-
  8    ment shall utilize:
  9        (a)  The  best available peer reviewed science and supporting studies con-
 10        ducted in accordance with sound and objective scientific practices; and
 11        (b)  Data collected by accepted methods or best available methods  if  the
 12        reliability of the method and the nature of the decision justifies justify
 13        use of the data.
 14        (3)  Any  proposed  rule subject to this section which proposes a standard
 15    necessary to protect human health and the environment shall  also  include  in
 16    the rulemaking record requirements under chapter 52, title 67, Idaho Code, the
 17    following additional information:
 18        (a)  Identification  of  each population or receptor addressed by an esti-
 19        mate of public health effects or environmental effects; and
 20        (b)  Identification of the expected risk or central estimate of  risk  for
 21        the specific population or receptor; and
 22        (c)  Identification  of  each appropriate upper bound or lower bound esti-
 23        mate of risk; and
 24        (d)  Identification of each  significant  uncertainty  identified  in  the
 25        process  of  the  assessment  of  public  health  effects or environmental
 26        effects and any studies that would assist in  resolving  the  uncertainty;
 27        and
 28        (e)  Identification  of  studies known to the department that support, are
 29        directly relevant to, or fail to support any  estimate  of  public  health
 30        effects  or  environmental  effects  and the methodology used to reconcile
 31        inconsistencies in the data.
 32        (4)  The department shall  also  include  a  summary  of  the  information
 33    required  by  subsection  (3)  of  this  section  in  the notice of rulemaking
 34    required by chapter 52, title 67, Idaho Code.
 35        (5)  Any rule promulgated or adopted by the  board  which  is  broader  in
 36    scope or more stringent than federal law or regulations, or which regulates an
 37    activity  not  regulated  by the federal government, submitted to the standing
 38    committee of the legislature pursuant to section 67-5291,  Idaho  Code,  shall
 39    include  a  notice  by  the board identifying the portions of the adopted rule
 40    that are broader in scope or more stringent than  federal  law  or  rules,  or
 41    which regulate an activity not regulated by the federal government.
 42        (6)  Nothing  provided  herein is intended to alter the scope or effect of
 43    sections 39-105(3)(g)(v), 39-118B,  39-3601,  39-4404,  39-6205,  39-7210  and
 44    39-7404,  Idaho Code, or any other provision of state law which limits or pro-
 45    hibits agency action or rulemaking that is broader in scope or more  stringent
 46    than federal law or regulations.
 47        SECTION 4.  That Sections 39-3001 through 39-3019, Idaho Code, be, and the
 48    same are hereby repealed.
 49        SECTION  5.  That  Section 39-3026, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
 51        39-3026.  IMPLEMENTATION OF ARTICLE III. The state department of  environ-
 52    mental  quality, as the designated state radiation control agency, shall adopt
  1    the practices and may impose the fees authorized under article III of the com-
  2    pact, except that the Idaho state police and the public  utilities  commission
  3    shall  retain  their existing enforcement and inspection authority relating to
  4    carriers. The board of environmental quality shall adopt such rules as may  be
  5    necessary  to  enable the department of environmental quality to carry out the
  6    provisions of this section.
  7        SECTION 6.  That Section 39-3028, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
  9        39-3028.  DISPOSAL  OF URANIUM MILL TAILINGS. (1) Legislative declaration.
 10    The legislature hereby finds and declares that the existence of  uranium  mill
 11    tailings  at active and inactive mill operations could pose a potential radia-
 12    tion health hazard. This section is enacted  to  protect  the  public  health,
 13    safety,  and welfare by authorizing the state radiation control agency depart-
 14    ment of environmental quality to cooperate with the federal government in pro-
 15    viding for the stabilization, disposal, and control of such tailings in a safe
 16    and environmentally sound manner.
 17        (2)  Terms  defined.  For  the  purposes  of  this  section,   the   terms
 18    "processing  site" and "residual radioactive material" shall have the meanings
 19    specified in section 101(6) and (7), respectively, of public  law  95-604,  42
 20    U.S.C., section 7901, et seq., as from time to time amended.
 21        (3)  Authorization  to  participate.  The  state  radiation control agency
 22    department of environmental quality is hereby  authorized  to  participate  in
 23    federal  implementation of the "Uranium Mill Tailings Radiation Control Act of
 24    1978" (P.L. 95-604), and for such purpose the agency may:
 25        (a)  Enter into cooperative agreements with the  secretary  of  energy  to
 26        perform remedial actions at processing sites designated by the secretary;
 27        (b)  Obtain written consent from the record owner of a designated process-
 28        ing site to perform remedial actions at such site;
 29        (c)  Provide  for reimbursement for the actual cost of any remedial action
 30        in accordance with the terms of public law 95-604;
 31        (d)  Acquire and dispose of any designated processing site, including  any
 32        interest  in such site, and any site to be used for the permanent disposi-
 33        tion and stabilization of residual radioactive materials.;
 34        (e)  Participate in the selection and performance of remedial actions.
 35        (4)  Financial participation.
 36        (a)  The legislature accepts in principle the provisions of section 107(a)
 37        of public law 95-604 which requires the state to pay ten percent (10%)  of
 38        the  actual cost of any remedial action and administrative costs from non-
 39        federal moneys, reserving, however,  the  right  and  authority  to  limit
 40        through yearly appropriations the amount of state moneys committed to such
 41        costs.
 42        (b)  The  state  of  Idaho  may  receive all or a share of the net profits
 43        derived from the recovery of minerals from residual radioactive  materials
 44        at  any designated processing site within the state in accordance with the
 45        provisions of section 108(b) of public law 95-604.
 46        SECTION 7.  That Chapter 62, Title 39, Idaho Code, be,  and  the  same  is
 47    hereby repealed.
 48        SECTION  8.  That  Section 39-7403, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
 50        39-7403.  DEFINITIONS. As used in this chapter:
  1        (1)  "Active portion" means that part of  a  facility  or  unit  that  has
  2    received  or  is  receiving  wastes and that has not been closed in accordance
  3    with 40 CFR 258.60.
  4        (2)  "Agricultural wastes" means wastes generated on farms resulting  from
  5    the production of agricultural products including, but not limited to, manures
  6    and  carcasses of dead animals weighing each or collectively in excess of fif-
  7    teen (15) pounds but do not include wastes that are classified as hazardous.
  8        (3)  "Applicant" means the owner or the operator with the owner's  written
  9    consent.
 10        (4)  "Aquifer"  means  a  geological  formation, group of formations, or a
 11    portion of a formation capable of yielding significant  quantities  of  ground
 12    water to wells or springs.
 13        (5)  "Board" means the Idaho board of environmental quality.
 14        (6)  "Buffer  zone"  means  that  part of a facility that lies between the
 15    active portion and the property boundary.
 16        (7)  "Clean soils and clean dredge spoils" means soils and  dredge  spoils
 17    which are not hazardous wastes or problem wastes as defined in this section.
 18        (8)  "Commercial  solid waste" means all types of solid waste generated by
 19    stores, offices, restaurants, warehouses and  other  nonmanufacturing  activi-
 20    ties, excluding residential and industrial wastes.
 21        (9)  "Commercial solid waste facility" means a facility owned and operated
 22    as  an enterprise conducted with the intent of making a profit by any individ-
 23    ual, association, firm, or partnership for the disposal of  solid  waste,  but
 24    excludes  a  facility  owned  or operated by a political subdivision, state or
 25    federal agency, municipality or a facility owned or operated by  any  individ-
 26    ual,  association,  firm  or partnership exclusively for the disposal of solid
 27    waste generated by such individual, association, firm or partnership.
 28        (10) "Construction/demolition waste" means the waste  building  materials,
 29    packaging and rubble resulting from construction, remodeling, repair and demo-
 30    lition  operations on pavements, houses, commercial buildings and other struc-
 31    tures. Such waste includes, but is not limited  to,  bricks,  concrete,  other
 32    masonry  materials,  soil,  rock, lumber, road spoils, rebar, paving materials
 33    and tree stumps. Noninert wastes and asbestos wastes are not considered to  be
 34    demolition waste for the purposes of this chapter.
 35        (11) "Contaminate" means to allow discharge of a substance from a landfill
 36    that would cause:
 37        (a)  The concentration of that substance in the ground water to exceed the
 38        maximum contamination level (MCL) specified in 40 CFR 258.40, Idaho drink-
 39        ing water standards; or
 40        (b)  A  statistically  significant  increase  in the concentration of that
 41        substance in the ground water where the  existing  concentration  of  that
 42        substance  exceeds  the maximum contamination level specified in paragraph
 43        (a) of this subsection; or
 44        (c)  A statistically significant increase above background in the  concen-
 45        tration of a substance which:
 46             (i)   is not specified in paragraph (a) of this subsection; and
 47             (ii)  is a result of the disposal of solid waste; and
 48             (iii) has  been determined by the department to present a substantial
 49             risk to human health or the environment in the  concentrations  found
 50             at the point of compliance.
 51        (12) "County" means any county in the state of Idaho.
 52        (13) "Cover  material"  means soil or other suitable material that is used
 53    to protect the active portion of the MSWLF unit.
 54        (14) "Director" means the director of the Idaho department of  environmen-
 55    tal quality.
  1        (15) "Existing  MSWLF  unit" means any municipal solid waste landfill unit
  2    that is receiving solid waste as of the applicable date specified  in  40  CFR
  3    258.1(e).
  4        (16) "Facility"  means  all  contiguous land and structures, buffer zones,
  5    and other appurtenances and improvements on the land used for the disposal  of
  6    solid waste.
  7        (17) "Floodplain" means the area encompassed by the one hundred (100) year
  8    flood  as  defined  by  applicable  federal emergency management agency (FEMA)
  9    flood insurance maps or, if no map exists, then as defined in 40 CFR 258.11.
 10        (18) "Ground water" means water below the land surface in a zone of  satu-
 11    ration.
 12        (19) "Health  district"  means  one  (1)  of the seven (7) district health
 13    departments of the state of Idaho.
 14        (20) "Holocene fault" means a fault characterized as a fracture or a  zone
 15    of fractures in any material along which strata on one (1) side have been dis-
 16    placed  with  respect  to  that  on the other side and holocene being the most
 17    recent epoch  of  the  quaternary  period,  extending  from  the  end  of  the
 18    pleistocene epoch to the present.
 19        (21) "Household waste" means any solid waste, including garbage, trash and
 20    sanitary  waste in septic tanks, derived from households, including single and
 21    multiple residences, hotels and  motels,  bunkhouses,  ranger  stations,  crew
 22    quarters, campgrounds, picnic grounds and day use recreation areas.
 23        (22) "Industrial solid waste" means solid waste generated by manufacturing
 24    or industrial processes that is not a hazardous waste regulated under subtitle
 25    C of RCRA. Such waste may include, but is not limited to, waste resulting from
 26    the  following  manufacturing processes: electric power generation; fertilizer
 27    and agricultural chemicals; food and related products  and  byproducts;  inor-
 28    ganic  chemicals;  iron and steel manufacturing; leather and leather products;
 29    nonferrous metals manufacturing/foundries;  organic  chemicals;  plastics  and
 30    resins  manufacturing; pulp and paper industry; rubber and miscellaneous plas-
 31    tic products; stone, glass, clay and concrete products; textile manufacturing;
 32    transportation equipment; and water treatment. This term does not include min-
 33    ing waste or oil and gas waste.
 34        (23) "Inert wastes" means  noncombustible,  nonhazardous,  nonputrescible,
 35    nonleaching solid wastes that are likely to retain their physical and chemical
 36    structure  under expected conditions of disposal, including resistance to bio-
 37    logical attack.
 38        (24) "Landfill" means an area of land or an excavation in which wastes are
 39    placed for permanent disposal, and that is not a land application  unit,  sur-
 40    face impoundment, injection well or waste pile.
 41        (25) "Landspreading  disposal facility" or "land application unit" means a
 42    facility that applies sludges or other solid wastes onto or incorporates solid
 43    waste into the soil surface, excluding manure spreading operations, at greater
 44    than agronomic rates and soil conditioners and immobilization rates.
 45        (26) "Lateral expansion" means a horizontal expansion of the waste  bound-
 46    aries of an existing MSWLF unit.
 47        (27) "Leachate"  means  a  liquid  that has passed through or emerged from
 48    solid waste and contains soluble, suspended or miscible materials removed from
 49    such waste.
 50        (28) "Limited purpose landfill" means a landfill that receives solid waste
 51    of limited type with known and consistent composition other than wood  wastes,
 52    municipal solid waste, inert waste and construction/demolition waste.
 53        (29) "Liquid waste" as defined in 40 CFR 258.28(c)(1).
 54        (30) "Monofill"  means  a  landfill  which contains a specific waste whose
 55    waste stream characteristics remain unchanged over time and may  include  spe-
  1    cial  wastes,  problem wastes or other consistent characteristic wastes but do
  2    not include wastes regulated under any other applicable regulations.
  3        (31) "Municipal solid waste landfill unit (MSWLF)" means a  discrete  area
  4    of land or an excavation that receives household waste, and that is not a land
  5    application unit, surface impoundment, injection well, or waste pile, as those
  6    terms  are  defined  under  40  CFR 257.2. A MSWLF unit also may receive other
  7    types of RCRA subtitle D wastes, such as commercial solid waste,  nonhazardous
  8    sludge,  conditionally  exempt  small  quantity generator waste and industrial
  9    solid waste. Such a landfill may be publicly or privately owned. A MSWLF  unit
 10    may be a new MSWLF unit, an existing MSWLF unit or a lateral expansion.
 11        (32) "New  MSWLF  unit" means any municipal solid waste landfill unit that
 12    has not received waste prior to October 9, 1993, or prior to October 9,  1995,
 13    if the MSWLF unit meets the conditions specified in 40 CFR 258.1(f)(1).
 14        (33) "Open  burning" means the combustion of solid waste without: (a) con-
 15    trol of combustion air to maintain adequate temperature for efficient  combus-
 16    tion; (b) containment of the combustion reaction in an enclosed device to pro-
 17    vide sufficient resident time and mixing for complete combustion; and (c) con-
 18    trol of the emission of the combustion products.
 19        (34) "Operator"  means the person(s) responsible for the overall operation
 20    of a facility or part of a facility.
 21        (35) "Owner" means the person(s) who owns a facility or part of  a  facil-
 22    ity.
 23        (36) "Permeability" means the capacity of a material to transmit a liquid.
 24    For the purposes of this chapter permeability is expressed in terms of hydrau-
 25    lic conductivity of water in centimeters-per-second units of measurement.
 26        (37) "Person" means an individual, association, firm, partnership, politi-
 27    cal  subdivision,  public  or  private  corporation,  state or federal agency,
 28    municipality, industry, or any other legal entity whatsoever.
 29        (38) "Pile" or "waste pile" means any noncontainerized  solid,  nonflowing
 30    waste that is accumulated for treatment or storage.
 31        (39) "Plan  of  operation" means the written plan developed by an owner or
 32    operator of a MSWLF unit detailing how the facility is to be  operated  during
 33    its active life, during closure, and throughout the post closure period.
 34        (40) "Point of compliance" means a vertical surface located at the hydrau-
 35    lically  downgradient  intercept with the uppermost aquifer at which a release
 36    from a waste management unit measured as change  in  constituent  values  will
 37    trigger assessment monitoring. Point of compliance shall be used to define the
 38    facility  design,  location and frequency of ground water monitoring wells and
 39    corrective action.
 40        (41) "Post closure" means the requirements  placed  upon  the  MSWLF  unit
 41    after  closure  to  ensure  their  environmental safety for a thirty (30) year
 42    period or until the   site  becomes  stabilized  in  accordance  with  section
 43    39-7416, Idaho Code.
 44        (42) "Processing"  means  an operation conducted on solid waste to prepare
 45    it for disposal.
 46        (43) "Qualified professional" means a licensed professional  geologist  or
 47    licensed  professional  engineer, as appropriate, holding current professional
 48    registration in compliance with applicable provisions of the Idaho Code.
 49        (44) "RCRA" means the resource conservation and recovery  act  (42  U.S.C.
 50    sec. 6901 et seq.), as amended.
 51        (45) "Run-off"  means any rainwater, leachate, or other liquid that drains
 52    over land from any part of a facility.
 53        (46) "Run-on" means any rainwater, leachate, or other liquid  that  drains
 54    over land onto any part of a facility.
 55        (47) "Saturated  zone"  means  that part of the earth's crust in which all
  1    voids are filled with water.
  2        (48) "Septage" means a semisolid consisting of settled sewage solids  com-
  3    bined  with  varying amounts of water and dissolved materials generated from a
  4    septic tank system.
  5        (49) "Sludge" means any solid, semisolid, or liquid waste generated from a
  6    municipal, commercial, or industrial waste water treatment plant, water supply
  7    treatment plant or air pollution control facility  exclusive  of  the  treated
  8    effluent from a waste water treatment plant.
  9        (50) "Solid  waste" means any garbage or refuse, sludge from a waste water
 10    treatment plant, water supply treatment plant, or air pollution control facil-
 11    ity and other discarded material including solid, liquid, semisolid,  or  con-
 12    tained  gaseous  material  resulting  from industrial, commercial, mining, and
 13    agricultural operations and from community activities, but  does  not  include
 14    solid  or  dissolved materials in domestic sewage, or solid or dissolved mate-
 15    rials in irrigation return flows  or  industrial  discharges  that  are  point
 16    sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or
 17    byproduct material as defined in the atomic energy act of 1954, as amended (68
 18    Stat. 923). These regulations shall not apply to the following solid wastes:
 19        (a)  Overburden,  waste  dumps and low-grade stockpiles from mining opera-
 20        tions;
 21        (b)  Liquid wastes whose discharge or  potential  discharge  is  regulated
 22        under federal, state or local water pollution permits;
 23        (c)  Hazardous wastes as designated in the hazardous waste management act,
 24        chapter 44, title 39, Idaho Code;
 25        (d)  Wood  waste used for ornamental, animal bedding, mulch and plant bed-
 26        ding and road building purposes;
 27        (e)  Agricultural wastes, limited to manures and crop  residues,  returned
 28        to the soils at agronomic rates;
 29        (f)  Clean soils and clean dredge spoils as otherwise regulated under sec-
 30        tion 404 of the federal clean water act (PL 95-217);
 31        (g)  Septage  taken  to  a  sewage treatment plant permitted by either the
 32        U.S. environmental protection agency or the department; and
 33        (h)  Radioactive wastes, defined in the radiation  and  nuclear  materials
 34        act, chapter 30, title 39, Idaho Code; and
 35        (ih)  Wood debris resulting from the harvesting of timber and the disposal
 36        of which is permitted under chapter 1, title 38, Idaho Code.
 37        (51) "Special waste" means those wastes which require special treatment or
 38    handling  after it arrives at the disposal site. The term includes, but is not
 39    limited to, asbestos containing material, petroleum contaminated  soils,  low-
 40    level  PCB containing material, low-level dioxin containing material and uncut
 41    tires.
 42        (52) "Statistically significant" means significant as determined by  ANOVA
 43    analysis  of  variance as applied within 40 CFR 258.53(h)(2) or as provided by
 44    40 CFR 258.53(g)(5).
 45        (53) "Uppermost aquifer" means the geological formation nearest the  natu-
 46    ral  ground  surface  that  is  an  aquifer as well as lower aquifers that are
 47    hydraulically interconnected with this aquifer within the facility's  property
 48    boundary.
 49        (54) "Waste  management unit boundary" means a vertical surface located at
 50    the hydraulically downgradient  limit  of  the  unit.  This  vertical  surface
 51    extends down into the uppermost aquifer.
 52        (55) "Water  quality  standard" means a standard set for maximum allowable
 53    contamination in surface waters and ground water as set  forth  in  the  water
 54    quality standards for waters for the state of Idaho.
 55        (56) "Wetlands" as defined in 40 CFR 232.2(r).
  1        (57) "Wood waste" means solid waste consisting of wood pieces or particles
  2    generated  as  a  byproduct  or waste from the manufacturing of wood products,
  3    handling and storage of raw materials and trees and stumps. This includes, but
  4    is not limited to, sawdust, chips, shavings, bark, pulp, hog fuel and log yard
  5    waste, but does not include wood pieces or particles containing chemical  pre-
  6    servatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.
  7        Undefined terms shall be given their usual and ordinary meaning within the
  8    context of the provisions of this chapter.
  9        SECTION  9.  That  Section 42-3902, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
 11        42-3902.  DEFINITIONS. Whenever used in this chapter:
 12        (1)  "Aquifer" means any geologic formation that will  yield  water  to  a
 13    well  in  sufficient quantities to make production of water from the formation
 14    feasible for beneficial use, except when the water in such  formation  results
 15    solely from injection through a waste disposal and injection well.
 16        (2)  "Director" means the director of the department of water resources.
 17        (3)  "Drinking  water source" means an aquifer which contains water having
 18    less than 10,000 mg/l total dissolved solids and has not  been  exempted  from
 19    this designation by the director of the department of water resources.
 20        (4)  "Fluid"  means any material or substance which flows or moves whether
 21    in a semisolid, liquid, sludge, gaseous or any other form or state.
 22        (5)  "Formation" means a body of consolidated or unconsolidated rock char-
 23    acterized by a degree of lithologic  homogeneity  which  is  mappable  at  the
 24    earth's surface or traceable in the subsurface.
 25        (6)  "Hazardous waste" means any fluid or combination of fluids, excluding
 26    radioactive  wastes,  which because of quantity, concentration or characteris-
 27    tics (physical, chemical or biological) may:
 28        (a)  Cause or significantly contribute to an  increase  in  deaths  or  an
 29        increase in serious, irreversible or incapacitating reversible illness; or
 30        (b)  Pose  a  substantial  threat to human health or to the environment if
 31        improperly treated, stored, disposed of, or managed. Such wastes  include,
 32        but  are  not limited to, materials which are toxic, corrosive, ignitable,
 33        or reactive, or materials which may have mutagenic, teratogenic, or carci-
 34        nogenic properties, but do not include  solid  or  dissolved  material  in
 35        domestic sewage or solid or dissolved material in irrigation return flows.
 36        (7)  "Injection" means the subsurface emplacement of fluids.
 37        (8)  "Injection  well" means any excavation or artificial opening into the
 38    ground which meets the following three (3) criteria:
 39        (a)  It is a bored, drilled or dug hole, or is a driven mine  shaft  or  a
 40        driven well point; and
 41        (b)  It is deeper than its largest straight-line surface dimension; and
 42        (c)  It is used for or intended to be used for injection.
 43        (9)  "Irrigation  waste water" means surplus water diverted for irrigation
 44    but not applied to crops or runoff of surplus water from  the  cropland  as  a
 45    result of irrigation.
 46        (10) "Licensed  driller" means any person holding a valid license to drill
 47    water wells in Idaho as provided and defined in section 42-238, Idaho Code.
 48        (11) "Operate" means to allow fluids to enter an injection well by  action
 49    or by inaction of the operator.
 50        (12) "Operator"  means  any individual, group of individuals, partnership,
 51    company, corporation, municipality, county, state agency, taxing  district  or
 52    federal agency who operates or proposes to operate any injection well.
 53        (13) "Owner" means any individual, group of individuals, partnership, com-
  1    pany,  corporation,  municipality,  county,  state agency, taxing district, or
  2    federal agency owning land on which any injection well exists or  is  proposed
  3    to be constructed.
  4        (14) "Radioactive material" means any material, solid, liquid or gas which
  5    emits radiation spontaneously.
  6        (15) "Radioactive  waste" means any fluid which contains radioactive mate-
  7    rial in concentrations which exceed those established for discharges to  water
  8    in an unrestricted area by the board of environmental quality under the provi-
  9    sions of chapter 30, title 39, Idaho Code by 10 CFR 20.
 10        (16) "Shallow  injection  well" means an injection well which is less than
 11    or equal to eighteen (18) feet in vertical depth below land surface.
 12        (17) "Sanitary waste" means any fluid generated through  domestic  activi-
 13    ties, such as food preparation, cleaning and personal hygiene.
 14        (18) "Surface  runoff  water"  means  runoff water from the natural ground
 15    surface and cropland. Runoff from urbanized areas, such  as  streets,  parking
 16    lots,  airports,  and  runoff  from  animal  feedlots, agricultural processing
 17    facilities and similar facilities are not included within the  scope  of  this
 18    term.
 19        (19) "Waste  disposal and injection well" means an injection well which is
 20    more than eighteen (18) feet in vertical depth below land surface.
 21        SECTION 10.  That Section 63-3029D, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
 24    OR POSTINDUSTRIAL WASTE. (1) For income tax years commencing on and after Jan-
 25    uary 1, 1994, there shall be allowed a credit against the tax imposed pursuant
 26    to this chapter for each taxpayer who purchases  qualified  equipment  on  and
 27    after January 1, 1994.
 28        (2)  The  credit  provided pursuant to the provisions of subsection (1) of
 29    this section shall be an amount equal to twenty per cent percent (20%) of  the
 30    costs  incurred by the taxpayer for purchases of qualified equipment and shall
 31    be claimed in the income tax year in which at least ninety  per  cent  percent
 32    (90%)  of the total production of such qualified equipment is used by the tax-
 33    payer to manufacture products utilizing postconsumer waste  or  postindustrial
 34    waste.  In  no event shall the tax credit be more than thirty thousand dollars
 35    ($30,000) per tax year.
 36        (3)  If the amount of the credit provided pursuant to  the  provisions  of
 37    subsection  (2)  of  this section exceeds the amount of income taxes otherwise
 38    due on the income of the taxpayer in the income tax year for which the  credit
 39    is  being  claimed,  the  amount  of  the credit not used as an offset against
 40    income taxes in such income tax year  may  be  carried  forward  as  a  credit
 41    against  subsequent  years'  income  tax  liability for a period not exceeding
 42    seven (7) years and shall be applied first to the earliest  income  tax  years
 43    possible.  Any  amount of the credit which is not used after such period shall
 44    not be refundable to the taxpayer.
 45        (4)  As used in this section:
 46        (a)  "Collection" means:
 47             (i)   The acquisition of materials from  businesses  or  the  general
 48             public  through  purchase  or donation, including the organization of
 49             systems for such acquisitions;
 50             (ii)  The preparation of materials for  over-the-road  transportation
 51             through  cleaning,  densification  by shredding, baling, or any other
 52             method, or coalescence, including the  organization  of  systems  for
 53             such preparation; or
  1             (iii) The  transportation  of  postconsumer  waste  or postindustrial
  2             waste between separate geographical locations.
  3        (b)  "Costs" means the amount of the purchase price or the amount  of  the
  4        annual lease payment.
  5        (c)  "Postconsumer waste" or "postindustrial waste" means only those prod-
  6        ucts  and  materials  consisting  of  paper, glass or plastic generated by
  7        businesses or consumers which have served their intended end use  or  use-
  8        fulness  and  either  have  been or would normally be disposed of as solid
  9        waste except for the fact that they are separated  from  solid  waste  for
 10        purposes  of  collection,  recycling  or  reuse.  "Postconsumer  waste" or
 11        "postindustrial waste" shall not include radioactive waste, as defined  in
 12        this  section,  or  hazardous  waste,  as defined in chapter 44, title 39,
 13        Idaho Code.
 14        (d)  "Product" means any material resulting from a  manufacturing  process
 15        and  offered for sale to the private or public sector which is composed of
 16        at least fifty per cent percent (50%) postconsumer waste or postindustrial
 17        waste. "Product" does not include any shredded material unless such shred-
 18        ded material is incorporated directly into the manufacturing process.
 19        (e)  "Purchase" means:
 20             (i)   Any transaction under which title  to  qualified  equipment  is
 21             transferred for consideration; or
 22             (ii)  Any  lease  contract for qualified equipment for a period of at
 23             least three (3) years regardless of whether title to qualified equip-
 24             ment is transferred at the end of such period.
 25        (f)  "Qualified equipment" means machinery  or  equipment  located  within
 26        Idaho  which has at least an estimated three (3) years' useful life and of
 27        which at least ninety per cent  percent  (90%)  of  the  total  production
 28        thereof  is  used  by  the  taxpayer  to  manufacture  products  utilizing
 29        postconsumer  waste  or  postindustrial waste. "Qualified equipment" shall
 30        not include any machinery or equipment which is used for the collection of
 31        postconsumer waste or postindustrial waste.
 32        (g)  "Radioactive waste" or "nuclear waste" means a waste  or  combination
 33        of  wastes  of  a solid, liquid, semisolid or contained gaseous form which
 34        contains radiation. as that term is  defined  in  section  39-3003,  Idaho
 35        Code.
 36        (5)  Any  recomputation  of  the  credit allowed in subsection (2) of this
 37    section on property disposed of or ceasing to qualify, prior to the  close  of
 38    its  useful  life, shall be determined according to section 47 of the Internal
 39    Revenue Code, as such existed on November 5, 1990.
 40        SECTION 11.  That Section 67-806, Idaho Code, be, and the same  is  hereby
 41    repealed.
 42        SECTION  12.  That Section 67-806A, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
 44        67-806A57-822.  INEEL INL SETTLEMENT FUND. (1) There is hereby established
 45    in the state treasury a fund, separate and apart from all other public  moneys
 46    or funds of this state, to be known as the INEEL INL settlement fund.
 47        (2)  The fund shall consist of all payments received from the U.S. depart-
 48    ment  of  energy,  or  a successor agency, pursuant to the 1995 court approved
 49    settlement between the state of Idaho, the U.S. department of energy  and  the
 50    U.S. navy.
 51        (3)  Moneys  in  the  fund  may be expended by the office of the governor,
 52    consistent with the terms of the court approved settlement,  to  mitigate  the
  1    impacts  of  the  Idaho  national  engineering  and  environmental  laboratory
  2    workforce  restructuring  on  the  Idaho economy by furthering the creation of
  3    sustainable jobs and diversification of the southeastern  Idaho  economy,  and
  4    for  other  purposes mutually acceptable to the governor of the state of Idaho
  5    and the U.S. department of energy.
  6        (4)  All moneys placed in the fund are hereby continuously appropriated to
  7    the office of the governor for the purposes described in this section.
  8        (5)  Pending use, surplus moneys in the fund  shall  be  invested  by  the
  9    state  treasurer  in  the same manner as provided under section 67-1210, Idaho
 10    Code. Interest earned on the investments shall be returned to the fund.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 16831C1

     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 1148