Idaho Code 39-4411 – Records — Reporting — Monitoring
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(1) Pursuant to the provisions of section 39-4405, Idaho Code, the board shall adopt, and amend as necessary, such rules relating to records, reporting, and monitoring as may be needed to achieve the purposes of this chapter. These rules may include, but shall not be limited to, prescribing procedures and requirements for:
(a) The establishment, maintenance, and format of records and reports;
(b) The submittal of records and reports;
(c) The taking of samples and the performing of tests and of analyses;
(d) The use of approved monitoring methods and techniques;
(e) The installation, calibration, use, and maintenance of monitoring equipment; and
(f) The provision of relevant information to the department.
(2) Sixty (60) days after promulgation of the criteria and lists specified under section 39-4407, Idaho Code, and the rules required under section 39-4405, Idaho Code, and subsection (1) of this section, the generation, transportation, treatment, storage, or disposal of a hazardous waste in this state by any person without reporting such activity to the department as required by the rules issued pursuant to subsection (1) of this section shall be unlawful.
Terms Used In Idaho Code 39-4411
- 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
- Generator: means any person, who by virtue of ownership, management, or control, is responsible for causing or allowing to be caused the creation of a hazardous waste. 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 39-4403Person: 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 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
(3) Information obtained by the department or by agents, contractors, or other representatives of the department, under any provisions of this chapter, shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
(4) Effective January 1, 1996, each generator shall, at the discretion of the director, no later than thirty (30) days after the end of each calendar year submit a written annual report to the department including the following information:
(a) The types and quantities of hazardous wastes generated;
(b) The types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal;
(c) The types and quantities of such wastes remaining in storage at the end of the reporting period;
(d) Whether such wastes are destined for disposal or treatment in this state or whether such wastes are destined for disposal or treatment outside this state.
(5) Effective January 1, 1996, the operator of each commercial hazardous waste disposal facility or site in the state shall, no later than thirty (30) days after the end of each calendar year, submit a written annual report to the department providing information on the types and quantities of wastes received which were generated in Idaho, and information on the types and quantities of wastes received which were generated in other states.
(6) Prior to March 1 of each year the department shall submit a report to the governor and the legislature detailing the types and quantities of hazardous wastes generated in this state, the types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal, the types and quantities of such wastes remaining in storage at the end of the most recent reporting period and the types and quantities of hazardous waste generated outside this state and shipped into this state for storage or disposal.