TITLE 39

HEALTH AND SAFETY

CHAPTER 58

HAZARDOUS WASTE FACILITY SITING

39-5806.  State hazardous waste siting management plan — Preparation — Inclusions — Studies — Public hearings — Summary — Amendments — Recommendation. (1) Not later than January 1, 1987, the committee shall prepare a state hazardous waste siting management plan.

(2)  The plan shall:

(a)  Provide for a reasonable geographic distribution of hazardous waste treatment, storage, or disposal facilities to meet existing and probable future needs.

(b)  Be based upon location of generators, health and safety, economics of transporting, types of waste and existing hazardous waste treatment, storage, or disposal facilities.

(c)  Include necessary legislative, administrative and economic mechanisms, a timetable to carry out the plan.

(3)  The committee may instruct the department of environmental quality, the department of water resources and the transportation department to complete studies as considered reasonably necessary for the completion of the plan. The studies may include:

(a)  An inventory and evaluation of the sources of hazardous waste generation within this state or from other states, including the types and quantities of the hazardous waste.

(b)  An inventory and evaluation of current hazardous waste management practices and costs, including treatment and disposal, within this state.

(c)  A projection or determination of future hazardous waste management needs based on an evaluation of existing capacities, treatment or disposal capabilities, manufacturing activity, limitations and constraints. Projection of needs shall consider the types and sizes of hazardous waste treatment, storage, or disposal facilities, general locations within the state, management control systems, and an identified need for additional privately owned or state owned treatment, storage, or disposal facilities.

(d)  An investigation and analysis of methods and incentives to encourage interstate and international cooperation in the management of hazardous waste.

(e)  An investigation and analysis of methods, incentives or technologies for source reduction, reuse, recycling, or recovery of potentially hazardous waste and a strategy for encouraging the utilization or reduction of hazardous waste.

(f)  An investigation and analysis of alternate methods for treatment and disposal of hazardous waste.

(4)  Upon completion of the plan, the committee shall publish a notice after giving twenty (20) days’ notice as provided in section 60-109, Idaho Code, in a number of newspapers and shall issue a statewide news release announcing the availability of the plan for inspection by interested persons. The announcement shall indicate where and how the plan may be obtained or reviewed and shall indicate that not less than three (3) public hearings shall be conducted at varying locations in the state before formal adoption. The first public hearing shall not be held until sixty (60) days have elapsed from the date of the notice announcing the availability of the plan.

(5)  After public hearings, the committee shall prepare a written summary of the comments received, provide comments on the major concerns raised, make amendments to the plan as necessary and shall formally adopt the plan, and shall submit the plan to the legislature at the first regular session of the legislature following adoption of the plan.

History:

[39-5806, added 1985, ch. 113, sec. 1, p. 223; am. 2001, ch. 103, sec. 52, p. 294.]