TITLE 39

HEALTH AND SAFETY

CHAPTER 58

HAZARDOUS WASTE FACILITY SITING

39-5803.  Definitions. As used in this chapter:

(1)  "Panel" means the site review panel created in section 39-5812, Idaho Code.

(2)  "Committee" means the state hazardous waste management planning committee created in section 39-5805, Idaho Code.

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

(4)  "Designated facility" means a hazardous waste treatment, storage or disposal facility that has received a permit or has interim status under title II of the solid waste disposal act or has a permit from the state authorized under section 3006 of title II of the solid waste disposal act (42 U.S.C. 6926).

(5)  "Director" means the director of the department of environmental quality.

(6)  "Disposal" is defined in section 39-4403, Idaho Code.

(7)  "Disposal facility" means a facility or a part of a facility at which managed hazardous waste, as defined by rule, is intentionally placed into or on any land or water and at which hazardous waste will remain after closure.

(8)  "Generator" is defined in section 39-4403, Idaho Code.

(9)  "Hazardous waste" is defined in section 39-4403, Idaho Code.

(10) "Hazardous waste management" is defined in section 39-4403, Idaho Code.

(11) "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 is also considered on-site property.

(12) "Operator" means the person responsible for the overall operation of a disposal, treatment or storage facility with approval of the director either by contract or permit.

(13) "Person" is defined in section 39-4403, Idaho Code.

(14) "Plan" means the state hazardous waste management plan prepared under the provisions of section 39-5806, Idaho Code.

(15) "Storage" is defined in section 39-4403, Idaho Code.

(16) "Storage facility" means a facility or part of a facility at which managed hazardous waste, as defined by rule and regulation, is subject to storage.

(17) "Title II of the solid waste disposal act" means sections 1001 through 8006 of public law 89-272, 42 U.S.C. 6901, 6902 through 6910, 6912 through 6940, and 6942 through 6986.

For purposes of this chapter, words and phrases defined in section 39-4403, Idaho Code, shall carry the same meaning when used in this chapter unless the context clearly denotes otherwise.

History:

[39-5803, added 1985, ch. 113, sec. 1, p. 221; am. 2001, ch. 103, sec. 50, p. 292; am. 2021, ch. 321, sec. 22, p. 965.]