Idaho State Statutes - Idaho Attorney Directory

Whenever used or referred to in this chapter, unless
a different meaning clearly appears from the context, the following terms
shall have the following meanings:
(1) "Air contaminant" or "air contamination" means the presence in the
outdoor atmosphere of any dust, fume, mist, smoke, radionuclide, vapor, gas or
other gaseous fluid or particulate substance differing in composition from or
exceeding in concentration the natural components of the atmosphere.
(2) "Air pollution" means the presence in the outdoor atmosphere of any
contaminant or combination thereof in such quantity of such nature and
duration and under such conditions as would be injurious to human health or
welfare, to animal or plant life, or to property, or to interfere unreasonably
with the enjoyment of life or property.
(3) "Board" means the board of environmental quality.
(4) "Cyanidation" means the method of extracting target precious metals
from ores by treatment with cyanide solution, which is the primary leaching
agent for extraction.
(5) "Cyanidation facility" means that portion of a new ore processing
facility, or a material modification or a material expansion of that portion
of an existing ore processing facility that utilizes cyanidation and is
intended to contain, treat, or dispose of cyanide containing materials
including spent ore, tailings, and process water.
(6) "Department" means the department of environmental quality.
(7) "Director" means the director of the department of environmental
quality or the director's designee.
(8) "Emission" means any controlled or uncontrolled release or discharge
into the outdoor atmosphere of any air contaminant or combination thereof.
Emission also includes any release or discharge of any air contaminant from a
stack, vent or other means into the outdoor atmosphere that originates from an
emission unit.
(9) "Laboratory" means not only facilities for biological, serological,
biophysical, cytological and pathological tests, but also facilities for the
chemical or other examination of materials from water or other substances.
(10) "Medical waste combustor" means any device, incinerator, furnace,
boiler or burner, and any and all appurtenances thereto, which burns or
pyrolyzes medical waste consisting of human or animal tissues, medical
cultures, human blood or blood products, materials contaminated with human
blood or tissues, used or unused surgical wastes, used or unused sharps,
including hypodermic needles, suture needles, syringes and scalpel blades.
(11) "Person" means any individual, association, partnership, firm, joint
stock company, trust, estate, political subdivision, public or private
corporation, state or federal governmental department, agency or
instrumentality, or any other legal entity which is recognized by law as the
subject of rights and duties.
(12) "Public water supply" means all mains, pipes and structures through
which water is obtained and distributed to the public, including wells and
well structures, intakes and cribs, pumping stations, treatment plants,
reservoirs, storage tanks and appurtenances, collectively or severally,
actually used or intended for use for the purpose of furnishing water for
drinking or general domestic use in incorporated municipalities; or
unincorporated communities where ten (10) or more separate premises or
households are being served or intended to be served; or any other supply
which serves water to the public and which the department declares to have
potential health significance.
(13) "Solid waste" means garbage, refuse, radionuclides and other
discarded solid materials, including solid waste materials resulting from
industrial, commercial and agricultural operations and from community
activities but does not include solid or dissolved materials in domestic
sewage or other significant pollutants in water resources, such as silt,
dissolved or suspended solids in industrial waste water effluents, dissolved
materials in irrigation return flows or other common water pollutants.
(14) "Solid waste disposal" means the collection, storage, treatment,
utilization, processing or final disposal of solid waste.
(15) "State" means the state of Idaho.
(16) "Substantive" means that which creates, defines or regulates the
rights of any person or implements, interprets or prescribes law or policy,
but does not include statements concerning only the internal management of the
department and not affecting private rights or procedures available to the
public.
(17) "Water pollution" is such alteration of the physical, thermal,
chemical, biological or radioactive properties of any waters of the state, or
such discharge of any contaminant into the waters of the state as will or is
likely to create a nuisance or render such waters harmful or detrimental or
injurious to public health, safety or welfare or to domestic, commercial,
industrial, recreational, esthetic or other legitimate uses or to livestock,
wild animals, birds, fish or other aquatic life.
(18) "Waters" means all accumulations of water, surface and underground,
natural and artificial, public and private or parts thereof which are wholly
or partially within, flow through or border upon this state except for private
waters as defined in section 42-212, Idaho Code.

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