TITLE 39

HEALTH AND SAFETY

CHAPTER 44

HAZARDOUS WASTE MANAGEMENT

39-4429.  Books and records to be preserved — Entry and inspection by department of environmental quality. Every person or entity subject to the imposition of the fees specified in section 39-4427, Idaho Code, shall keep complete and accurate records, including itemized invoices and manifests for federally regulated types and quantities of hazardous waste ultimately disposed of at a hazardous waste facility or site in Idaho. All books, documents and papers, computer tapes, discs, and other records required to be kept by this section shall be preserved for a period of at least five (5) years from the date of the records or the date of the entries appearing in the records, unless the department in writing authorized their destruction or disposal at an earlier date. For purposes of this chapter, at any time during usual business hours, the department or duly authorized agents or employees may enter any place of business of the owner or operator of a hazardous waste facility or site where hazardous wastes are disposed and inspect the premises, the records required to be kept under this chapter, and the hazardous wastes or other chemicals contained therein to determine whether or not all the applicable provisions of sections 39-4427 and 39-4428, Idaho Code, are being fully complied with. Trade secret information obtained by the department under the provisions of this section shall be treated in the same manner as such information obtained under section 39-4411, Idaho Code. If the department or any of its authorized agents or employees is unreasonably denied free access or is unreasonably hindered or interfered with in making the examination of a hazardous waste facility or site, that hindrance or interference shall constitute grounds for suspension or revocation of the facility’s or the site’s permit by the director of the department of environmental quality under subsection (A)(2) of section 39-4413, Idaho Code.

History:

[39-4429, added 1984, ch. 205, sec. 7, p. 508; am. 1998, ch. 229, sec. 6, p. 781; am. 1999, ch. 290, sec. 4, p. 720; am. 2001, ch. 103, sec. 48, p. 291; am. 2021, ch. 321, sec. 19, p. 964.]