(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.

Terms Used In Idaho Code 39-4408

  • Board: means the Idaho board of environmental quality. See Idaho Code 39-4403
  • Department: means the Idaho department of environmental quality. See Idaho Code 39-4403
  • Director: means the director of the Idaho department of environmental quality or the director’s authorized agent. 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
  • Person: means any individual, association, partnership, firm, joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency, or instrumentality, or any other legal entity which is recognized by law as the subject of rights and duties. See Idaho Code 39-4403
  • RCRA: means the resource conservation and recovery act of 1976 as amended from time to time. See Idaho Code 39-4403
  • 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
  • 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
    • (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.