TITLE 39

HEALTH AND SAFETY

CHAPTER 58

HAZARDOUS WASTE FACILITY SITING

39-5813.  Siting license application — Fee — Rules and regulations. (1) An application for a siting license shall include:

(a)  The name and residence of the applicant;

(b)  The location of the proposed hazardous waste treatment, storage, or disposal facility;

(c)  Engineering or hydrogeologic information to indicate compliance with technical criteria as adopted in the hazardous waste management plan if applicable;

(d)  A description of the types of wastes proposed to be handled at the facility;

(e)  Information showing that harm to scenic, historic, cultural or recreational values is not substantial or can be mitigated;

(f)  Information showing that the risk and impact of accident during transport of hazardous waste is not substantial or can be mitigated; and

(g)  Information showing that the impact on local government is not adverse regarding health, safety, cost and consistency with local planning and existing development or can be mitigated.

(2)  Within thirty (30) days after receipt of the application, the director shall determine whether it is complete. If it is not complete, the director shall notify the applicant and state the areas of deficiency.

(3)  The application shall be accompanied by a siting license fee. The director shall establish by rule, the scale for determining the siting license application fee. The fee shall not exceed seven thousand five hundred dollars ($7,500) and shall be based on the cost to the department of reviewing the siting license application. The scale shall be based on characteristics including the site size, projected waste volume, and hydrogeological characteristics surrounding the site. Fees received pursuant to this section may be expended by the director to pay the actual, reasonable and necessary costs incurred by the department in acting upon a siting license application. The director may promulgate rules and regulations in compliance with chapter 52, title 67, Idaho Code, in order to implement and administer the provisions of this section.

History:

[39-5813, added 1985, ch. 113, sec. 1, p. 227; am. 1987, ch. 103, sec. 3, p. 209.]