TITLE 39

HEALTH AND SAFETY

CHAPTER 74

IDAHO SOLID WASTE FACILITIES ACT

39-7429.  Violations and enforcement. (1) Failure to comply with the requirements established in this chapter, requirements of rules established pursuant to this chapter, and reasonable conditions of approval granted pursuant to this chapter shall be unlawful. Particularly with respect to siting and operation of a municipal solid waste landfill to satisfy the requirements of chapter 44, title 31, Idaho Code, enforcement should focus on remediation of deficiencies, rather than punishment. Penalties should be imposed where practices show disregard for protection of human health, safety, and the environment.

(2)  Each public agency with responsibility for enforcement of requirements established in this chapter may inspect, monitor, and employ such methods of enforcement as they may be empowered to use by statute or local ordinance.

(3)  The director shall apply the provisions of section 39-108, Idaho Code, to ensure compliance.

(4)  The collection and enforcement procedures available to the Idaho state tax commission provided by the Idaho income tax act, sections 63-3030A, 63-3038, 63-3039, 63-3040, 63-3042 through 63-3045A, 63-3047 through 63-3065A, 63-3068, 63-3071, 63-3072, 63-3073, and 63-3078, Idaho Code, shall apply and be available to the department for the enforcement of the solid waste disposal fees and for the assessment and collection of any amounts due thereunder. Said sections shall, for the aforementioned purposes, be considered part of this chapter and wherever liens or any other proceedings are defined as income tax liens or proceedings, they shall, when applied under this chapter, be described as solid waste disposal fee liens and proceedings.

(5)  The director may employ the use of negotiated compliance agreements, in addition to civil legal remedies and misdemeanor criminal penalties otherwise authorized, in order to obtain compliance.

(6)  Where more than one (1) public entity undertakes enforcement efforts to obtain compliance with the provisions of this chapter, enforcement efforts should be coordinated to the greatest extent possible to minimize conflict among requirements and costs of compliance.

(7)  A private right of action on behalf of any person who has been injured or damaged by any approval authorized in this chapter or violation of the terms of any approval or regulation authorized in this chapter may be maintained in accordance with the provisions of this chapter and of chapter 52, title 67, Idaho Code, as applicable.

(8)  The department may be made a party in any action at law or in equity related to this chapter by any person aggrieved by the unlawful seizure or sale of his property, or in any suit for refund or to recover an overpayment, but only the state of Idaho shall be responsible for any final judgment secured against the department, and said judgment shall be paid or satisfied out of the general fund of the state.

History:

[(39-7429) 39-7420, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 21, p. 365; am. and redesig. 2026, ch. 7, sec. 33, p. 52.]