TITLE 39

HEALTH AND SAFETY

CHAPTER 74

IDAHO SOLID WASTE FACILITIES ACT

39-7407.  Location restrictions — Site certification. (1) The following location restrictions shall apply to all new MSWLF units, existing MSWLF units, and lateral expansions. Existing sites that cannot demonstrate compliance with the following standards for airports, floodplains, or unstable areas, must close by October 9, 1996, except as otherwise provided in 40 CFR 258.16.

(2)  All MSWLF units to which this chapter is applicable shall meet the following locational standards:

(a)  Shall not be located proximate to an airport runway except as provided in 40 CFR 258.10;

(b)  Shall not be located in areas designated by the United States fish and wildlife service or the Idaho department of fish and game as critical habitat for endangered or threatened species of plants, fish, or wildlife, or designated as critical migratory routes for protectively managed species;

(c)  Shall not be located so that the active portion is closer than two hundred (200) feet to the property line of adjacent land;

(d)  Shall not be located so as to be at variance with any locally adopted land use plan or zoning requirement unless otherwise provided by local law or ordinance, provided that if no land use plan has been adopted by the local government which would have land use jurisdiction pursuant to chapter 65, title 67, Idaho Code, the site certification shall contain an analysis of the factors outlined in section 67-6508, Idaho Code, accompanied by findings and conclusions, setting forth the reasons therefore, entered by the local government with jurisdiction after a public hearing in accord with provisions of section 67-6509, Idaho Code, that the public interest would be served by locating a solid waste landfill on the site for which certification is sought;

(e)  Shall not be located so that the active portion is any closer than one thousand (1,000) feet to any state or national park, or land reserved or withdrawn for scenic or natural use;

(f)  Shall not be located within a one hundred (100) year flood plain except as provided in 40 CFR 258.11;

(g)  Shall not be located in wetlands, except as provided in 40 CFR 258.12;

(h)  A MSWLF unit active portion shall not be located:

(i)  within three hundred (300) feet or the distance of the point of compliance, whichever is greater, upstream of a perennial stream, or river; and

(ii) within one thousand (1,000) feet of any perennial lake or pond.

(i)  A MSWLF unit active portion shall not be located where the integrity of the site would be compromised by the presence of ground water which would interfere with construction or operation of the site;

(j)  A MSWLF unit shall not be located:

(i)  within two hundred (200) feet of a holocene fault as defined in 40 CFR 258.13 or adjacent to geologic features which could compromise the structural integrity of the MSWLF unit; and

(ii) within seismic impact zones except as provided in 40 CFR 258.14; and

(k)  A MSWLF unit active portion shall not be located on any site whose natural state would be considered unstable in that its undisturbed character would not permit establishment of an MSWLF unit without unduly threatening the integrity of the design due to inherent site instability. The provisions of 40 CFR 258.15 shall be followed.

History:

[39-7407, added 1992, ch. 331, sec. 1, p. 980; am. 1993, ch. 139, sec. 7, p. 352.]