TITLE 39

HEALTH AND SAFETY

CHAPTER 44

HAZARDOUS WASTE MANAGEMENT

39-4433.  siting license required — exemptions. (1) No person shall commence construction of or undertake any major modification of a commercial hazardous waste facility or any on-site land disposal facility for wastes listed in section 201(d)(2) and (e), as modified by section 209 of the hazardous and solid waste amendments of 1984, without a siting license issued by the director.

(2)  A permit shall not be issued pursuant to section 39-4409, Idaho Code, unless the applicant has been issued a site license by the director.

(3)  The owner or operator of the facility or site, rather than a contractor or other third-party agent thereof, shall be responsible for obtaining the siting license.

(4)  Facilities exempted from permitting pursuant to the provisions of section 39-4409, Idaho Code, shall not require a license under the provisions of this chapter.

(5)  The director may exempt a facility from the requirement to obtain a siting license if the director determines that the exemption is in the public interest and is consistent with state and federal law.

(6)  A hazardous waste facility that was in existence on July 1, 1985, shall not be subject to the provisions of this chapter unless a major modification is being proposed to such facility.

History:

[39-4433, added 2026, ch. 89, sec. 9, p. 470.]