Idaho State Statutes - Idaho Attorney Directory

39-128 - APPLICABILITY -- PROMULGATION OF RULES -- ESTABLISHMENT OF ZONES -- COMBUSTOR CHARGING COMPOSITION AND RECORDKEEPING -- REPORT TO LOCAL GOVERNMENT -- PERMIT PROCESSING.

APPLICABILITY -- PROMULGATION OF RULES -- ESTABLISHMENT OF ZONES
-- COMBUSTOR CHARGING COMPOSITION AND RECORDKEEPING -- REPORT TO LOCAL
GOVERNMENT -- PERMIT PROCESSING. 1. Except as provided in subsection 2 of this
section, the provisions of this section shall apply to medical waste
combustors with a maximum rated capacity equal to or greater than three (3)
tons per day. All combustors located on one (1) or more contiguous or adjacent
properties and owned or operated by the same person or persons under common
control shall be considered in determining the maximum rated capacity of a
combustor.
2. The department is hereby directed to develop and propose, and the
board is hereby directed to adopt, rules and regulations controlling emissions
of air contaminants from all medical waste combustors, and implementing the
provisions of this section except the provisions of subsections 8 and 9.
3. The following zones are hereby established:
a. Zone 1, consisting of the counties of Benewah, Bonner, Boundary,
Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce and Shoshone.
b. Zone 2, consisting of the counties of Ada, Adams, Boise, Canyon,
Elmore, Gem, Owyhee, Payette, Valley and Washington.
c. Zone 3, consisting of the counties of Bannock, Bear Lake, Bingham,
Blaine, Bonneville, Butte, Camas, Caribou, Cassia, Clark, Custer,
Franklin, Fremont, Gooding, Jefferson, Jerome, Lemhi, Lincoln, Madison,
Minidoka, Oneida, Power, Teton and Twin Falls.
4. Any county may petition the director to become incorporated into an
adjacent zone. The director shall grant the petition provided it does not
conflict with the purposes of this act, or any rule, regulation, permit or
order issued or promulgated pursuant to this act.
5. For any combustor constructed or modified after the date of enactment
of this section, no less than seventy per cent (70%) of the weight of the
material charged into the combustor on an annual basis shall be material
generated inside the zone in which the combustor is located.
6. An owner or operator of a combustor constructed and operated prior to
the date of enactment of this section shall, by October 1, 1992, notify the
department in writing describing the type, location and maximum rated capacity
of the combustor.
7. Any person who owns or operates a combustor shall keep records as to
the source, weight and type of material charged, and whether the material was
generated within or outside the zone in which the combustor is located. These
records shall be maintained for a period of not less than five (5) years and
shall be made available to the department upon request. The requirements of
this subsection may be fully or partially waived by the director if the owner
or operator certifies to the department that no material generated outside the
zone shall be charged into the combustor.
8. Any person proposing to construct or modify a combustor shall provide,
in writing, to the local government a comprehensive report which shall
include:
a. An overall description of the project;
b. The amount, type and disposal method of all solid waste produced;
c. The amount and content of any liquid to be discharged into the sewer
system, applied to the land, or discharged into an impoundment or pond;
d. The amount, type and control of air emissions;
e. The effect of the facility on vehicular traffic;
f. The amount of noise produced by the facility;
g. The extent and control of odors from the facility; and
h. Any additional information requested, in writing, by the local
government pertaining to the effect of the proposed facility upon the
community or local resources.
9. The local government shall conduct at least one (1) public hearing
regarding any proposal to construct or modify a combustor within the
jurisdiction of the local government at which interested persons shall have an
opportunity to be heard. At least fifteen (15) days prior to the hearing,
notice of the time and place of the hearing, a brief summary of the proposal,
and the location of the comprehensive report required by the provisions of
subsection 8 of this section, shall be published in a newspaper of general
circulation within the jurisdiction of the local government. The local
government shall, after hearing, notify in writing the person proposing to
construct or modify the combustor that the proposal conforms or does not
conform to applicable planning and zoning ordinances. Reasonable conditions
may be placed on any approval so as to ensure that construction or
modification of the combustor is in conformance with local planning and zoning
ordinances and that all necessary local, state and federal permits are
obtained.
10. Any person applying to the department for a permit to construct or
modify a combustor shall submit, as part of the application, the notification
required in subsection 8 of this section indicating that the proposal
conforms, or conforms with conditions, to local government planning and zoning
ordinances. Any application received by the department which does not include
such a notification of approval or conditional approval shall be incomplete.
11. The director shall have authority to sue in competent courts to
enjoin any threatened or continuing violation of the provisions of this
section, or any rule, regulation, permit or order issued or promulgated to
implement the provisions of this section. The court shall grant injunctive
relief upon a showing that a violation of the provisions of this section or
any rule, regulation, permit or order implementing the provisions of this
section has occurred and is reasonably likely to continue.
12. The director shall have the authority to declare that an emergency
exists and that a combustor may receive a waiver to combust material generated
outside the zone in which the combustor is located in excess of the amount
specified in subsection 5 of this section, provided the director finds that
such an action is necessary to protect human health and the environment. The
waiver shall not extend beyond six (6) months for any single combustor and
eighteen (18) months in total duration.
13. For purposes of this section only:
a. The term "combustor" means a medical waste combustor as defined in
section 39-103, Idaho Code.
b. The term "local government" means the city government for the city in
which the combustor is to be located or, if the combustor is to be located
outside the limits of an incorporated city, the county government for the
county in which the combustor is to be located.

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