Idaho Code 39-8805 – Rules Governing Underground Storage Tank Systems
Current as of: 2023 | Check for updates
|
Other versions
(1) Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the department shall promulgate through negotiated rulemaking, and the board shall adopt, rules as are necessary to regulate underground storage tank systems within the state. This includes, but is not limited to, rules addressing:
(a) Inspection and certification of underground storage tanks;
(b) Operator training;
(c) Release prevention, compliance and enforcement;
(d) Delivery prohibitions; and
(e) Additional measures to protect ground water.
(2) The board of trustees shall participate in any such negotiated rulemaking through designated representatives.
Terms Used In Idaho Code 39-8805
- Board: means the Idaho board of environmental quality. See Idaho Code 39-8803
- Board of trustees: means the board of trustees established in section 41-4904, Idaho Code. See Idaho Code 39-8803
- Department: means the Idaho department of environmental quality. See Idaho Code 39-8803
- 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) The rules, promulgated and adopted pursuant to this chapter, and guidance or policy provisions developed in regard to rules promulgated and adopted pursuant to this chapter, shall not be broader in scope, more stringent than, or propose to regulate an activity not regulated by federal law or regulations governing underground storage tanks except as provided by section 39-107D, Idaho Code.
(4) To the degree that any rule promulgated and adopted pursuant to this chapter, or guidance or policy developed in regard to any rule promulgated and adopted pursuant to this chapter, is based upon science, the department shall use:
(a) The best available peer reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and
(b) Data collected by accepted methods or best available methods if the reliability of the method and the nature of the decision justifies use of the data.