39-4431. COLLECTION AND ENFORCEMENT. (1) 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, as they now exist or as they may subsequently be amended, shall apply and be available to the department of environmental quality for the enforcement of the commercial disposal fee 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 in enforcement or collection under this chapter, be described as commercial disposal fee liens and proceedings.
(2) The department of environmental quality may be made a party defendant in any action at law or in equity 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 of environmental quality and said judgment shall be paid or satisfied out of the general fund of the state.
History:
[39-4431, added 1984, ch. 205, sec. 9, p. 509; am. 1997, ch. 313, sec. 3, p. 928; am. 1999, ch. 290, sec. 5, p. 720; am. 2001, ch. 103, sec. 49, p. 292; am. 2015, ch. 244, sec. 23, p. 1021.]
Structure Idaho Code
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 39-4410 - TRANSPORTATION OF HAZARDOUS WASTE.
Section 39-4411 - RECORDS — REPORTING — MONITORING.
Section 39-4412 - INSPECTIONS — RIGHT OF ENTRY.
Section 39-4413 - ENFORCEMENT PROCEDURES.
Section 39-4415 - 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 39-4430 - ADDITIONS AND PENALTIES.
Section 39-4431 - COLLECTION AND ENFORCEMENT.
Section 39-4432 - DISTRIBUTION OF COMMERCIAL DISPOSAL FEE REVENUES.