TITLE 39

HEALTH AND SAFETY

CHAPTER 44

HAZARDOUS WASTE MANAGEMENT

39-4436.  Duties of director upon receipt of siting license application. (1) Within forty-five (45) days of receiving an application, the director shall determine whether the application is complete and complies with the technical criteria required by section 39-4435, Idaho Code, if applicable. If the application is not complete, the director shall notify the applicant in writing and identify the deficiencies.

(2)  Once the director determines an application is complete, the director shall:

(a)  Notify the applicant of such determination;

(b)  Establish a site review panel pursuant to section 39-4437, Idaho Code;

(c)  Notify the city and county in which the hazardous waste facility is or is proposed to be located, the state fire marshal, the director of the department of fish and game, the director of the Idaho state police, the relevant divisions within the department, and other appropriate state and federal agencies. The notice shall describe the review process and expected schedule based on the complexity of the application; and

(d)  Publish a notice that an application has been received by the department in a newspaper of general circulation in the county and immediate vicinity of the hazardous waste facility or proposed facility. The notice shall include:

(i)   A map indicating the location or proposed location of the hazardous waste facility;

(ii)  A description of the proposed action;

(iii) A brief description of the review, participation, and approval process by which the application may be approved and a siting license may be granted; and

(iv)  The location where the complete application package may be reviewed.

(3)  Upon official establishment of the panel, as provided for by section 39-4437, Idaho Code, the director shall:

(a)  Submit such information as the panel may require to conduct its review and provide its recommendation to the director;

(b)  Within sixty-five (65) days, submit preliminary findings that recommend approval or rejection of the application and, if approval is recommended, contain preliminary conditions for the license to ensure the facility’s compliance with applicable law, which may be more stringent than such provisions; and

(c)  Make department staff available to assist the panel in carrying out its duties.

(4)  Within thirty (30) days of receiving the panel’s recommendation pursuant to section 39-4438, Idaho Code, the director shall make a final decision on the application. The director shall approve the application and issue a siting license, with appropriate conditions, if any, if the director determines that:

(a)  The technical criteria required by section 39-4435, Idaho Code, are met, if applicable;

(b)  The harm to scenic, historic, cultural, or recreational values is not substantial or that it can be mitigated by appropriate license conditions;

(c)  The risk and impact of accident during transportation of hazardous waste is not substantial or that it can be mitigated with appropriate license conditions;

(d)  The impact on local government is not adverse regarding health, safety, cost, and consistency with local planning and existing development or that it can be mitigated with appropriate license conditions; and

(e)  No other major concerns have been raised by the panel regarding public health or the environment that cannot be mitigated by special license conditions.

(5)  Any person aggrieved by a decision of the director pursuant to this chapter may, within twenty-eight (28) days and after all of this chapter’s remedies have been exhausted, seek judicial review pursuant to chapter 52, title 67, Idaho Code.

History:

[39-4436, added 2026, ch. 89, sec. 12, p. 472.]