TITLE 39

HEALTH AND SAFETY

CHAPTER 44

HAZARDOUS WASTE MANAGEMENT

39-4437.  site review panels — establishment and organization. (1) A site review panel shall be established pursuant to this section to review each siting license application received by the department, ensure public input and involvement in the application and licensing process, and provide recommendations to the director regarding the director’s final decision.

(2)(a)  The panel shall consist of ten (10) members to be appointed as follows:

(i)   One (1) member shall be the director or the director’s authorized representative;

(ii)  One (1) member shall be the director of the Idaho transportation department or the director’s authorized representative;

(iii) One (1) member shall be the director of the Idaho department of water resources or the director’s authorized representative;

(iv)  Three (3) members shall be public members appointed by the director. Of such members, one (1) shall be a geologist or hydrologist, one (1) an engineer, and one (1) a representative of industries that generate hazardous waste;

(v)   Two (2) members shall be appointed by the city council of the city located closest to or in which the hazardous waste facility is located or is proposed to be located. At least one (1) of such members shall be an actual resident of the city; and

(vi)  Two (2) members shall be appointed by the board of commissioners of the county in which the facility is located or is proposed to be located. Both members shall be actual residents of the county.

(b)  The director or the member appointed as the director’s representative shall be the chair of each panel established pursuant to this section. The chair shall be a nonvoting member of the panel except when the chair’s vote is necessary to break an otherwise tied vote.

(c)  Six (6) of the ten (10) members shall constitute a quorum for the purposes of conducting business and executing the panel’s duties.

(d)  Members of the panel who are not state employees shall be entitled to receive reimbursement as provided in section 59-509(b), Idaho Code.

(e)  All meetings of the panel shall be conducted pursuant to the state open meetings law, chapter 2, title 74, Idaho Code.

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

(i)   Appoint the three (3) public members of the panel;

(ii)  Notify the director of the department of transportation and the director of the department of water resources of the application and of their obligation to serve, or appoint a representative to serve, on the panel; and

(iii) Notify the appropriate city council and board of county commissioners of the application and instruct them to appoint the necessary representatives to the panel.

(b)  Within thirty (30) days of the director’s notification, the required appointments shall be made and the director of the department of transportation, the director of the department of water resources, the city council, and the board of county commissioners shall notify the director of their respective selections.

History:

[39-4437, added 2026, ch. 89, sec. 13, p. 473.]