Idaho Code
Chapter 44 - HAZARDOUS WASTE MANAGEMENT
Section 39-4408 - UNAUTHORIZED TREATMENT, STORAGE, RELEASE, USE OR DISPOSAL OF HAZARDOUS WASTE PROHIBITED.

39-4408. UNAUTHORIZED TREATMENT, STORAGE, RELEASE, USE OR DISPOSAL OF HAZARDOUS WASTE PROHIBITED. (1) No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose any hazardous waste in such a manner that the waste, or any constituent thereof, may enter the environment, unless the department has issued said person a permit or a variance as required for the specific activity involved or exempted the activity from permit requirements.
(2) Effective six (6) months after the effective date of this provision, nonhazardous liquids shall not be disposed of in a landfill for which a permit is required under section 39-4409, Idaho Code, or which is operating pursuant to interim status granted under section 3005(c) of RCRA, unless the owner or operator of the landfill demonstrates to the director that:
(a) The only reasonable alternative is placement in a landfill or unlined surface impoundment which contains or may contain hazardous waste; and
(b) Placement in the owner or operator’s landfill will not present a risk of contamination of any existing or potential underground source of drinking water.
(3) Waste or used oil or other material which is contaminated or mixed with any hazardous waste, other than wastes identified solely on the basis of ignitibility, shall not be used for dust suppression or road treatment.
(4) The board shall have authority to prohibit:
(a) Land disposal of any hazardous waste; and
(b) Storage of any hazardous waste prohibited from land disposal, unless such storage is solely for the purpose of the accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal.

History:
[39-4408, added 1983, ch. 154, sec. 1, p. 421; am. 1986, ch. 148, sec. 3, p. 418.]

Structure Idaho Code

Idaho Code

Title 39 - HEALTH AND SAFETY

Chapter 44 - HAZARDOUS WASTE MANAGEMENT

Section 39-4401 - SHORT TITLE.

Section 39-4402 - LEGISLATIVE FINDINGS AND PURPOSES.

Section 39-4403 - DEFINITIONS.

Section 39-4404 - CONSISTENCY WITH FEDERAL LAW.

Section 39-4405 - RULES IN GENERAL.

Section 39-4406 - GENERAL POWERS AND DUTIES OF DIRECTOR.

Section 39-4407 - IDENTIFICATION OF HAZARDOUS WASTES.

Section 39-4408 - UNAUTHORIZED TREATMENT, STORAGE, RELEASE, USE OR DISPOSAL OF HAZARDOUS WASTE PROHIBITED.

Section 39-4409 - PERMIT REQUIREMENTS FOR HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES.

Section 39-4410 - TRANSPORTATION OF HAZARDOUS WASTE.

Section 39-4411 - RECORDS — REPORTING — MONITORING.

Section 39-4412 - INSPECTIONS — RIGHT OF ENTRY.

Section 39-4413 - ENFORCEMENT PROCEDURES.

Section 39-4414 - REMEDIES.

Section 39-4415 - VIOLATIONS CONSTITUTING MISDEMEANORS.

Section 39-4416 - CITIZEN SUITS.

Section 39-4417 - HAZARDOUS WASTE EMERGENCY ACCOUNT.

Section 39-4418 - LOCAL GOVERNMENT NOTICE.

Section 39-4419 - INTERSTATE COOPERATION.

Section 39-4420 - EMPLOYMENT SECURITY.

Section 39-4421 - GOOD SAMARITAN PROTECTION.

Section 39-4422 - SEVERABILITY.

Section 39-4423 - DISPOSAL OF RESTRICTED HAZARDOUS WASTES PROHIBITED.

Section 39-4424 - DISPOSAL OF MANIFESTED WASTE.

Section 39-4426 - APPOINTMENT OF INSPECTORS.

Section 39-4427 - COMMERCIAL DISPOSAL FEES.

Section 39-4428 - COLLECTION OF COMMERCIAL DISPOSAL FEES — RETURNS.

Section 39-4429 - BOOKS AND RECORDS TO BE PRESERVED — ENTRY AND INSPECTION BY DEPARTMENT OF ENVIRONMENTAL QUALITY.

Section 39-4430 - ADDITIONS AND PENALTIES.

Section 39-4431 - COLLECTION AND ENFORCEMENT.

Section 39-4432 - DISTRIBUTION OF COMMERCIAL DISPOSAL FEE REVENUES.