TITLE 39

HEALTH AND SAFETY

CHAPTER 44

HAZARDOUS WASTE MANAGEMENT

39-4403.  Definitions. As used in this chapter:

(1)  "Board" means the Idaho board of environmental quality.

(2)  "Commercial hazardous waste facility or site" means any hazardous waste facility whose primary business is the treatment, storage, or disposal, for a fee or other consideration, of hazardous waste generated offsite by generators other than the owner and operator of the facility.

(3)  "Department" means the Idaho department of environmental quality.

(4)  "Designated facility" means a hazardous waste treatment, storage, or disposal facility that has received a permit, has interim status under, or is otherwise permitted pursuant to 42 U.S.C. 6901 et seq.

(5)  "Director" means the director of the Idaho department of environmental quality or the director’s authorized agent.

(6)  "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

(7)  "Disposal facility" means a facility or a part thereof where the disposal of hazardous waste will remain after closure of the facility.

(8)  "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste material received at a facility. This weight does not include any subsequent changes to the weight resulting from the management of the waste by the facility.

(9)  "Generator" means any person who, by virtue of ownership, management, or control, is responsible for causing or allowing to be caused the creation of a hazardous waste.

(10) "Hazardous waste" means a waste or combination of wastes of a solid, liquid, semisolid, or contained gaseous form which, because of its quantity, concentration or characteristics (physical, chemical or biological) may:

(a)  Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or

(b)  Pose a substantial threat to human health or to the environment if improperly treated, stored, disposed of, or managed. Such wastes include, but are not limited to, materials which are toxic, corrosive, ignitable, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to national pollution discharge elimination system permits under the federal water pollution control act, as amended, 33 U.S.C., section 1251 et seq., or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended, 42 U.S.C., section 2011 et seq.

(11) "Hazardous waste management" means the systematic control of the collection, source separation, storage, treatment, transportation, processing, and disposal of hazardous wastes.

(12) "Hazardous waste facility or site" means any property, structure, or ancillary equipment intended or used for the transportation, treatment, storage, or disposal of hazardous wastes.

(13) "Injection" means the subsurface emplacement of free liquids.

(14) "Major modification" means any material and substantial alteration, expansion, or addition to the facility or an activity conducted at a facility after a siting license has been issued that warrants an application to be submitted to the department to determine whether the license’s conditions need to be amended. The term may be further defined by rule, subject to legislative approval.

(15) "Manifest" means a form used for identifying the quantity, composition, origin, routing, waste identification code(s), and destination of hazardous waste during any transportation from the point of generation to the point of treatment, storage, or disposal.

(16) "Manifested waste" means waste which at the point of origin or generation is required to be manifested for transportation in a manner similar to that of the federal uniform hazardous waste manifest or by other manifest requirements designed to assure proper treatment, storage, and disposal of such waste.

(17) "On-site" means on the same or geographically contiguous property that may be divided by a public or private right-of-way if the entrance and exit between the pieces of property are at a crossroads intersection and access is by crossing rather than going along the right-of-way. Noncontiguous pieces of property owned by the same person but connected by a right-of-way that the owner controls and to which the public does not have access shall be considered on-site property.

(18) "Operator" means the person responsible for the overall operation of a hazardous waste facility authorized to operate pursuant to this chapter.

(19) "Panel" means a site review panel established pursuant to section 39-4437, Idaho Code.

(20) "PCB waste" means any waste or waste item which is not included in the definition of "hazardous waste" and which is contaminated with polychlorinated biphenyls.

(21) "Person" means any individual, association, partnership, firm, joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency, or instrumentality, or any other legal entity which is recognized by law as the subject of rights and duties.

(22) "RCRA" means the resource conservation and recovery act of 1976 as amended from time to time.

(23) "Restricted hazardous waste" means a waste or combination of wastes regulated as land disposal restricted pursuant to federal statutes and regulations, including 40 CFR part 268. Restricted hazardous waste also includes byproduct, source, special nuclear materials or devices or equipment, except as provided below, utilizing such materials regulated under the federal atomic energy act of 1954, as amended. Restricted hazardous waste shall not include radiologically contaminated waste materials from "Formerly Utilized Sites Remedial Action Program (FUSRAP)" sites administered by the United States army corps of engineers or materials that have been exempted or released from radiological control or regulation under the atomic energy act of 1954, as amended, to be disposed of in a commercial hazardous waste facility as regulated pursuant to the rules, permit requirements, and acceptance criteria provided for by this chapter.

(24) "Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.

(25) "Storage facility" means a facility or a part thereof where hazardous waste is subject to storage.

(26) "Transportation" means the movement of any hazardous waste from a hazardous waste facility or site by air, rail, highway, or water.

(27) "Transporter" means any person engaged in the off-site transportation of hazardous waste.

(28) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to:

(a)   Neutralize such waste;

(b)  Render such waste:

(i)    Nonhazardous or less hazardous;

(ii)   Safer to transport, store, or dispose of; or

(iii)  Amenable for recovery or storage;

(c)  Reduce such waste in volume; or

(d)  Recover energy or material resources from such waste.

(29) "Waste" means any solid, semisolid, liquid, or contained gaseous material for which no reasonable use or reuse is intended or which is intended to be discarded.

History:

[39-4403, added 1983, ch. 154, sec. 1, p. 418; am. 1984, ch. 205, sec. 1, p. 503; am. 1986, ch. 148, sec. 1, p. 416; am. 1986, ch. 324, sec. 1, p. 794; am. 1989, ch. 253, sec. 1, p. 626; am. 1993, ch. 291, sec. 1, p. 1083; am. 1994, ch. 419, sec. 1, p. 1310; am. 2001, ch. 103, sec. 45, p. 288; am. 2001, ch. 297, sec. 3, p. 1074; am. 2011, ch. 38, sec. 1, p. 92; am. 2014, ch. 265, sec. 1, p. 660; am. 2026, ch. 89, sec. 3, p. 463.]