(1) The standards and procedures set forth in this chapter apply to owners and operators of new municipal solid waste landfill (MSWLF) units, existing MSWLF units, and lateral expansions of existing MSWLF units, except as otherwise specifically provided.
(2)  The requirements of this chapter do not apply to MSWLF units that ceased to accept waste on or prior to October 9, 1991.
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Terms Used In Idaho Code 39-7402

  • Director: means the director of the Idaho department of environmental quality. 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
  • RCRA: means the resource conservation and recovery act (42 U. 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
(3)  MSWLF units that receive waste after October 9, 1991, but stop receiving waste in conformance with the provisions of 40 C.F.R. § 258.1(d), are exempt from the requirements of this chapter, except as expressly provided herein.
(4)  All MSWLF units that receive waste on or after October 9, 1993, must comply with all of the requirements of this chapter, unless otherwise allowed in 40 C.F.R. § 258.1(d), (e) or (f).
(5)  MSWLF units failing to satisfy these standards shall cease operation and shall not accept municipal solid waste for disposal by order of the department of environmental quality and/or the district health department until provisions of this chapter are complied with unless a compliance schedule has been approved by the director of the department of environmental quality and/or the district health department.
(6)  MSWLF units failing to satisfy the requirements set forth in this chapter are considered open dumps for purposes of state solid waste management planning and are prohibited under section 4005 of RCRA.
(7)  MSWLF units containing sewage sludge and which fail to satisfy the criteria set forth in 40 C.F.R. § part 258 violate sections 309 and 405(e) of the clean water act.