TITLE 39

HEALTH AND SAFETY

CHAPTER 74

IDAHO SOLID WASTE FACILITIES ACT

39-7419.  Modifications to sites approved under this chapter. (1) The following modifications to approved sites shall be considered major modifications:

(a)  Lateral expansion;

(b)  Unpredictable change affecting any environmental monitoring program;

(c)  Change of liner design, if not equivalent to the approved preliminary design’s liner design;

(d)  A modification of the design or operation due to initiation of corrective action and remediation; or

(e)  Any change to operation or design that, as determined by a qualified professional and affirmed by the director, may appear to result in an increased risk to human health or the environment.

(2)  The following modifications shall be considered minor modifications:

(a)  Waste processing methodologies;

(b)  Installation or decommissioning of landfill gas extraction or ground water monitoring wells;

(c)  Alternative daily cover practices;

(d)  Solid waste diversion programs; or

(e)  Other actions or modifications that, as determined by a qualified professional and affirmed by the director, will not result in an increased risk to human health or the environment.

(3)  The director may further define the scope of subsections (1) and (2) of this section by rule or other official policy document.

(4)  The owner or operator of a facility shall apply to and obtain approval from the director prior to implementing a major or minor modification.

(5)(a)  An applicant may request, in writing, that the director provide a preliminary determination on whether a modification is major or minor. Such preliminary determination shall not prohibit the director from making a different determination after reviewing a formal major or minor modification application.

(b)  The director shall provide a preliminary decision within fourteen (14) days of receiving the request if the request is submitted with a summary of the proposed changes. If no such summary is provided, the director shall provide a preliminary decision within twenty-eight (28) days of receiving the request.

(6)  The review and approval process for a major or minor modification application shall be conducted pursuant to this chapter.

(a)  Notice of a rejected minor modification application shall be sent with empirical evidence that the modification will increase the risk to human health or the environment.

(b)  An applicant may appeal any rejection or condition of modification pursuant to the procedures provided in this chapter.

(7)  Approved and implemented major and minor modifications shall be accounted for in the operations plan when the plan is submitted for recertification. Such modifications may be accounted for prior to recertification by submitting an operations plan amendment with the director for review and approval pursuant to this chapter.

History:

[(39-7419) 39-7418, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 20, p. 364; am. and redesig. 2026, ch. 7, sec. 23, p. 45.]