Idaho Code 42-3918 – Cease and Desist Orders — Injection of Hazardous and Radioactive Wastes
Current as of: 2023 | Check for updates
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Terms Used In Idaho Code 42-3918
- Director: means the director of the department of water resources. See Idaho Code 42-3902
- Hazardous waste: means any fluid or combination of fluids, excluding radioactive wastes, which because of quantity, concentration or characteristics (physical, chemical or biological) may:
Idaho Code 42-3902Injection: means the subsurface emplacement of fluids through an injection well, but excludes the following:
Idaho Code 42-3902Injection well: means any feature that is operated to allow injection which also meets at least one (1) of the following criteria:
Idaho Code 42-3902person: includes a corporation as well as a natural person;
Idaho Code 73-114Radioactive waste: means any fluid which contains radioactive material in concentrations which exceed those established for discharges to water by 10 CFR 20. See Idaho Code 42-3902
Whenever the director finds that any person has constructed, operated, maintained, converted, plugged, abandoned or conducted any other activity in a manner that results in the unauthorized injection of a hazardous waste or of a radioactive waste through an injection well or whenever the director finds that any person proposes to do or to allow any such acts, then the director may issue a cease and desist order. The cease and desist order shall become effective and final upon issuance thereof. The director shall serve forthwith in accordance with the Idaho rules of civil procedure a certified copy of any such order on that person. That person shall have the right to a hearing in accordance with section 42-1701A, Idaho Code.