Idaho Code 39-7407 – Location Restrictions — Site Certification
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(1) The following location restrictions shall apply to all new MSWLF units, existing MSWLF units, and lateral expansions. Existing sites that cannot demonstrate compliance with the following standards for airports, floodplains, or unstable areas, must close by October 9, 1996, except as otherwise provided in 40 C.F.R. § 258.16.
(2) All MSWLF units to which this chapter is applicable shall meet the following locational standards:
(a) Shall not be located proximate to an airport runway except as provided in 40 C.F.R. § 258.10;
(b) Shall not be located in areas designated by the United States fish and wildlife service or the Idaho department of fish and game as critical habitat for endangered or threatened species of plants, fish, or wildlife, or designated as critical migratory routes for protectively managed species;
(c) Shall not be located so that the active portion is closer than two hundred (200) feet to the property line of adjacent land;
(d) Shall not be located so as to be at variance with any locally adopted land use plan or zoning requirement unless otherwise provided by local law or ordinance, provided that if no land use plan has been adopted by the local government which would have land use jurisdiction pursuant to chapter 65, title 67, Idaho Code, the site certification shall contain an analysis of the factors outlined in section 67-6508, Idaho Code, accompanied by findings and conclusions, setting forth the reasons therefore, entered by the local government with jurisdiction after a public hearing in accord with provisions of section 67-6509, Idaho Code, that the public interest would be served by locating a solid waste landfill on the site for which certification is sought;
(e) Shall not be located so that the active portion is any closer than one thousand (1,000) feet to any state or national park, or land reserved or withdrawn for scenic or natural use;
(f) Shall not be located within a one hundred (100) year flood plain except as provided in 40 C.F.R. § 258.11;
(g) Shall not be located in wetlands, except as provided in 40 C.F.R. § 258.12;
(h) A MSWLF unit active portion shall not be located:
(i) within three hundred (300) feet or the distance of the point of compliance, whichever is greater, upstream of a perennial stream, or river; and
(ii) within one thousand (1,000) feet of any perennial lake or pond.
(i) A MSWLF unit active portion shall not be located where the integrity of the site would be compromised by the presence of ground water which would interfere with construction or operation of the site;
(j) A MSWLF unit shall not be located:
(i) within two hundred (200) feet of a holocene fault as defined in 40 C.F.R. § 258.13 or adjacent to geologic features which could compromise the structural integrity of the MSWLF unit; and
(ii) within seismic impact zones except as provided in 40 C.F.R. § 258.14; and
(k) A MSWLF unit active portion shall not be located on any site whose natural state would be considered unstable in that its undisturbed character would not permit establishment of an MSWLF unit without unduly threatening the integrity of the design due to inherent site instability. The provisions of 40 C.F.R. § 258.15 shall be followed.
Terms Used In Idaho Code 39-7407
- 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
- Ground water: means water below the land surface in a zone of saturation. 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
- 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.
- 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
- 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
- Property: includes both real and personal property. See Idaho Code 73-114
- 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