Idaho Code 39-7413 – Operations Plan Review
Current as of: 2023 | Check for updates
|
Other versions
(1) Prior to operation of a MSWLF unit, an operations plan shall be submitted to the health district with jurisdiction. It shall be the responsibility of each applicant of a MSWLF unit to certify to the health district that the provisions of section 39-7412, Idaho Code, have been complied with through development of an operating plan. No solid waste disposal facility shall accept waste without a current operating certificate from the health district with jurisdiction.
(2) The health district shall review operational plans in the same manner as the director reviews requests for site certification pursuant to section 39-7408, Idaho Code. An applicant shall provide information in the operations plan in sufficient detail to show compliance with the provisions of section 39-7412, Idaho Code, and required procedures adopted pursuant thereto. The same standards of review shall apply to an operations plan as apply to the site certification process. The health district shall accept certification by a qualified professional that standards of operation have been met upon presentation of the professional’s certification of compliance and presentation of a written explanation of operational practices which will be undertaken to meet standards established in section 39-7412, Idaho Code.
Terms Used In Idaho Code 39-7413
- Applicant: means the owner or the operator with the owner’s written consent. See Idaho Code 39-7403
- Director: means the director of the Idaho department of environmental quality. See Idaho Code 39-7403
- 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
- Health district: means one (1) of the seven (7) district health departments of the state of Idaho. 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.
- 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
- 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
(3) If an operations plan provides for alternative operating criteria requiring approval by the director as provided in 40 C.F.R. § part 258, the health district shall make a decision recommending approval or disapproval. Such plan shall be submitted by the health district to the director for his review. The submittal shall be accompanied by findings of fact and the recommendation from the health district.
(4) The director shall review the recommendation submitted by the health districts and shall make a decision to approve or disapprove. The director shall review recommendations for approval using the same standards of review provided in section 39-7408(2)(e), Idaho Code.