Terms Used In Idaho Code > Title 39 > Chapter 74 - Idaho Solid Waste Facilities Act

• Active portion: means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with 40 C. See Idaho Code 39-7403
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means the owner or the operator with the owner’s written consent. See Idaho Code 39-7403
• Aquifer: means a geological formation, group of formations, or a portion of a formation capable of yielding significant quantities of ground water to wells or springs. See Idaho Code 39-7403
• Board: means the Idaho board of environmental quality. See Idaho Code 39-7403
• Commercial solid waste: means all types of solid waste generated by stores, offices, restaurants, warehouses and other nonmanufacturing activities, excluding residential and industrial wastes. See Idaho Code 39-7403
• Commercial solid waste facility: means a facility owned and operated as an enterprise conducted with the intent of making a profit by any individual, association, firm, or partnership for the disposal of solid waste, but excludes a facility owned or operated by a political subdivision, state or federal agency, municipality or a facility owned or operated by any individual, association, firm or partnership exclusively for the disposal of solid waste generated by such individual, association, firm or partnership. See Idaho Code 39-7403
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County: means any county in the state of Idaho. See Idaho Code 39-7403
• Cover material: means soil or other suitable material that is used to protect the active portion of the MSWLF unit. See Idaho Code 39-7403
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Director: means the director of the Idaho department of environmental quality. See Idaho Code 39-7403
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means all contiguous land and structures, buffer zones, and other appurtenances and improvements on the land used for the disposal of solid waste. See Idaho Code 39-7403
• Ground water: means water below the land surface in a zone of saturation. See Idaho Code 39-7403
• Health district: means one (1) of the seven (7) district health departments of the state of Idaho. See Idaho Code 39-7403
• Holocene fault: means a fault characterized as a fracture or a zone of fractures in any material along which strata on one (1) side have been displaced with respect to that on the other side and holocene being the most recent epoch of the quaternary period, extending from the end of the pleistocene epoch to the present. See Idaho Code 39-7403
• Household waste: means any solid waste, including garbage, trash and sanitary waste in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas. See Idaho Code 39-7403
• Industrial solid waste: means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under subtitle C of RCRA. See Idaho Code 39-7403
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• land application unit: means a facility that applies sludges or other solid wastes onto or incorporates solid waste into the soil surface, excluding manure spreading operations, at greater than agronomic rates and soil conditioners and immobilization rates. See Idaho Code 39-7403
• Landfill: means an area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well or waste pile. See Idaho Code 39-7403
• Lateral expansion: means a horizontal expansion of the waste boundaries of an existing MSWLF unit. See Idaho Code 39-7403
• Leachate: means a liquid that has passed through or emerged from solid waste and contains soluble, suspended or miscible materials removed from such waste. See Idaho Code 39-7403
• Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
• Operator: means the person(s) responsible for the overall operation of a facility or part of a facility. See Idaho Code 39-7403
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the person(s) who owns a facility or part of a facility. See Idaho Code 39-7403
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permeability: means the capacity of a material to transmit a liquid. See Idaho Code 39-7403
• Person: means an individual, association, firm, partnership, political subdivision, public or private corporation, state or federal agency, municipality, industry, or any other legal entity whatsoever. See Idaho Code 39-7403
• Plan of operation: means the written plan developed by an owner or operator of a MSWLF unit detailing how the facility is to be operated during its active life, during closure, and throughout the post closure period. See Idaho Code 39-7403
• Point of compliance: means a vertical surface located at the hydraulically downgradient intercept with the uppermost aquifer at which a release from a waste management unit measured as change in constituent values will trigger assessment monitoring. See Idaho Code 39-7403
• Post closure: means the requirements placed upon the MSWLF unit after closure to ensure their environmental safety for a thirty (30) year period or until the site becomes stabilized in accordance with section 39-7416, Idaho Code. See Idaho Code 39-7403
• Processing: means an operation conducted on solid waste to prepare it for disposal. See Idaho Code 39-7403
• Property: includes both real and personal property. See Idaho Code 73-114
• Qualified professional: means a licensed professional geologist or licensed professional engineer, as appropriate, holding current professional registration in compliance with applicable provisions of the Idaho Code. See Idaho Code 39-7403
• Quorum: The number of legislators that must be present to do business.
• RCRA: means the resource conservation and recovery act (42 U. See Idaho Code 39-7403
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Run-off: means any rainwater, leachate, or other liquid that drains over land from any part of a facility. See Idaho Code 39-7403
• Run-on: means any rainwater, leachate, or other liquid that drains over land onto any part of a facility. See Idaho Code 39-7403
• Sludge: means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial waste water treatment plant, water supply treatment plant or air pollution control facility exclusive of the treated effluent from a waste water treatment plant. See Idaho Code 39-7403
• Solid waste: means any garbage or refuse, sludge from a waste water treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U. See Idaho Code 39-7403
• 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
• Statistically significant: means significant as determined by ANOVA analysis of variance as applied within 40 C. See Idaho Code 39-7403
• Statute: A law passed by a legislature.
• Trustee: A person or institution holding and administering property in trust.
• Uppermost aquifer: means the geological formation nearest the natural ground surface that is an aquifer as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility’s property boundary. See Idaho Code 39-7403
• Waste management unit boundary: means a vertical surface located at the hydraulically downgradient limit of the unit. See Idaho Code 39-7403
• waste pile: means any noncontainerized solid, nonflowing waste that is accumulated for treatment or storage. See Idaho Code 39-7403