Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the board shall adopt such rules as are necessary and feasible for the management of the generation, collection, transportation, treatment, storage, and disposal of hazardous wastes within the state. The board shall also adopt such rules as necessary to regulate persons who produce, burn, distribute, and market fuel containing hazardous waste. The rules promulgated by the board shall be a part of this code and shall have the force and effect of law. Such rules shall include, but not be limited to:
(1)  Criteria for the determination of whether any waste or combination of wastes is hazardous for the purposes of this chapter;

Terms Used In Idaho Code 39-4405

  • Board: means the Idaho board of environmental quality. See Idaho Code 39-4403
  • Commercial hazardous waste facility or site: means any hazardous waste facility whose primary business is the treatment, storage or disposal, for a fee or other consideration, of hazardous waste generated offsite by generators other than the owner and operator of the facility. See Idaho Code 39-4403
  • Department: means the Idaho department of environmental quality. See Idaho Code 39-4403
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Idaho Code 39-4403
  • Hazardous waste: means a waste or combination of wastes of a solid, liquid, semisolid, or contained gaseous form which, because of its quantity, concentration or characteristics (physical, chemical or biological) may:
Idaho Code 39-4403
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Storage: means the containment of hazardous wastes, on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous wastes. See Idaho Code 39-4403
  • Transportation: means the movement of any hazardous waste to or from a hazardous waste facility or site. See Idaho Code 39-4403
  • Treatment: means any method, technique, or process, including neutralization, which is designed not to be an integral part of a production process, but which is rather designed to change the physical, chemical, or biological character or composition of any hazardous waste prior to storage or final disposal so as to neutralize such waste or so as to render such waste nonhazardous or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage or reduced in volume. See Idaho Code 39-4403
  • Waste: means any solid, semisolid, liquid or contained gaseous material for which no reasonable use or reuse is intended or which is intended to be discarded. See Idaho Code 39-4403
    • (2)  Rules for those who generate, transport, treat, store, or dispose of hazardous wastes;
    (3)  Rules, consistent with those issued by the United States environmental protection agency and the United States department of transportation, for containerization, labeling and manifesting of hazardous wastes;
    (4)  Rules specifying the terms and conditions under which the department shall issue, modify, suspend, revoke, or deny such permits as shall be required by this chapter;
    (5)  Lists of those wastes or combinations of wastes which are not compatible and which may not be stored or disposed of together;
    (6)  Procedures and requirements for the reporting of the generation, transportation, treatment, storage or disposal of hazardous wastes;
    (7)  Rules establishing standards and procedures for the training of personnel at generation sites and at hazardous waste facilities and sites;
    (8)  Release detection, prevention and correction rules applicable to all owners and operators of underground storage tanks, as may be necessary to protect human health and the environment;
    (9)  Rules specifying radioactive materials or other radioactive materials occurring naturally that may be disposed of at a commercial hazardous waste facility or site.