TITLE 39

HEALTH AND SAFETY

CHAPTER 74

IDAHO SOLID WASTE FACILITIES ACT

39-7421.  public review and approval process. (1) The process set forth in this section applies to the following applications:

(a)  Site certifications;

(b)  Preliminary designs;

(c)  New operations plans;

(d)  Major modifications; and

(e)  Research, development, and demonstration permits and permit renewals.

(2)  Within fourteen (14) days of receiving an application, the department shall notify the applicant, in writing, that the application is complete or incomplete.

(a)  If the application is deemed incomplete by the department, the notice shall:

(i)   Explain the application’s deficiencies;

(ii)  Identify applicable standards, requirements, and other information relied on by the department in determining that the application is incomplete;

(iii) Inform the applicant that the application can be resubmitted pursuant to this section; and

(iv)  State that the applicant may request a meeting with the department to review the application, its deficiencies, and solutions thereto.

(b)  Incomplete applications can be resubmitted within one (1) year of the date on the department’s notice. The resubmitted application shall address all deficiencies identified in the notice. The department shall have fourteen (14) days to review the resubmitted application. If the department determines that deficiencies remain, the department shall notify the applicant, in writing, that the application has been rejected and shall include in such notice an explanation of the deficiencies and information relied on in making such determination.

(3)(a)  Upon receipt of the department’s determination that an application is complete, the applicant shall:

(i)   Cause notice to be published in a newspaper of general circulation in the county where the facility is located, or proposed to be located, once a week for two (2) consecutive weeks;

(ii)  Cause notice to be posted in the immediate vicinity of the facility or proposed facility during the publication and public comment period;

(iii) Provide written notice to the county in which the facility or proposed facility is located; and

(iv)  Provide a copy of such notices to the department within five (5) business days of the second publication.

(b)  The notice shall include:

(i)   The name and location of the facility or proposed facility;

(ii)  A general description of the proposed operations or modifications;

(iii) The place where the application may be reviewed; and

(iv)  Instructions directing the public to submit comments to the department within thirty-five (35) days of the date of the second publication.

(4)  Within fourteen (14) days of the end of the public comment period, the department shall provide the applicant with all of the public comments received by the department and may provide comments of its own. The applicant may provide the department with a response to the comments within twenty-one (21) days of receiving the comments from the department.

(5)  Within seventy (70) days of the end of the public comment period, the director shall notify the applicant, in writing, that the application has been accepted or rejected.

(a)  When reviewing an application, the director shall:

(i)   Consider all of the comments received, including the department’s and the applicant’s, if provided; and

(ii)  Defer to the opinion of the applicant’s qualified professionals, unless there is reliable empirical evidence that the affirmations in the application are erroneous.

(b)  An application shall be approved if the director determines that all applicable standards, requirements, and criteria of applicable law, rules, and regulations have been satisfied.

(c)  A rejected application shall be accompanied by written findings that thoroughly explain the reason for rejecting the application and provide the rationale, evidence, applicable standards, requirements, and information relied on by the director in rejecting the application.

History:

[39-7421, added 2026, ch. 7, sec. 25, p. 47.]