Idaho State Statutes - Idaho Attorney Directory

As used in this chapter:
(1) "Board" means the Idaho board of environmental quality.
(2) "Commercial hazardous waste facility or site" means any hazardous
waste facility whose primary business is the treatment, storage or disposal,
for a fee or other consideration, of hazardous waste generated offsite by
generators other than the owner and operator of the facility.
(3) "Department" means the Idaho department of environmental quality.
(4) "Director" means the director of the Idaho department of
environmental quality or the director's authorized agent.
(5) "Disposal" means the discharge, deposit, injection, dumping,
spilling, leaking or placing of any hazardous waste into or on any land or
water so that such hazardous waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters,
including ground waters.
(6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste
material received at a facility. This weight does not include any subsequent
changes to the weight resulting from the management of the waste by the
facility.
(7) "Generator" means any person, who by virtue of ownership, management,
or control, is responsible for causing or allowing to be caused the creation
of a hazardous waste.
(8) "Hazardous waste" means a waste or combination of wastes of a solid,
liquid, semisolid, or contained gaseous form which, because of its quantity,
concentration or characteristics (physical, chemical or biological) may:
(a) Cause or significantly contribute to an increase in deaths or an
increase in serious, irreversible or incapacitating reversible illnesses;
or
(b) Pose a substantial threat to human health or to the environment if
improperly treated, stored, disposed of, or managed. Such wastes include,
but are not limited to, materials which are toxic, corrosive, ignitible,
or reactive, or materials which may have mutagenic, teratogenic, or
carcinogenic properties but do not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges which are point sources subject to national
pollution discharge elimination system permits under the federal water
pollution control act, as amended, 33 U.S.C., section 1251 et seq., or
source, special nuclear, or byproduct material as defined by the atomic
energy act of 1954, as amended, 42 U.S.C., section 2011 et seq.
(9) "Hazardous waste management" means the systematic control of the
collection, source separation, storage, treatment, transportation, processing,
and disposal of hazardous wastes.
(10) "Hazardous waste facility or site" means any property, structure, or
ancillary equipment intended or used for the transportation, treatment,
storage or disposal of hazardous wastes.
(11) "Injection" means the subsurface emplacement of free liquids.
(12) "Manifest" means a form used for identifying the quantity,
composition, origin, routing, waste identification code(s), and destination of
hazardous waste during any transportation from the point of generation to the
point of treatment, storage or disposal.
(13) "Manifested waste" means waste which at the point of origin or
generation is required to be manifested for transportation in a manner similar
to that of the federal uniform hazardous waste manifest or by other manifest
requirements designed to assure proper treatment, storage and disposal of such
waste.
(14) "PCB waste" means any waste or waste item which is not included in
the definition of "hazardous waste" and which is contaminated with
polychlorinated biphenyls.
(15) "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.
(16) "RCRA" means the resource conservation and recovery act of 1976 as
amended from time to time.
(17) "Restricted hazardous waste" means a waste or combination of wastes
regulated as land disposal restricted pursuant to federal statutes and
regulations, including 40 CFR part 268. Restricted hazardous waste also
includes byproduct, source, special nuclear materials or devices or equipment
utilizing such materials regulated under the federal atomic energy act of
1954, as amended. Restricted hazardous waste shall not include radiologically
contaminated waste materials from "Formerly Utilized Sites Remedial Action
Program (FUSRAP)" sites administered by the United States army corps of
engineers and being disposed of pursuant to a contract in existence on July 1,
2001, and as may be renewed thereafter.
(18) "Storage" means the containment of hazardous wastes, on a temporary
basis or for a period of years, in such a manner as not to constitute disposal
of such hazardous wastes.
(19) "Transportation" means the movement of any hazardous waste to or from
a hazardous waste facility or site.
(20) "Transporter" means any person who transports a hazardous waste to or
from a hazardous waste facility or site.
(21) "Treatment" means any method, technique, or process, including
neutralization, which is designed not to be an integral part of a production
process, but which is rather designed to change the physical, chemical, or
biological character or composition of any hazardous waste prior to storage or
final disposal so as to neutralize such waste or so as to render such waste
nonhazardous or less hazardous; safer to transport, store, or dispose of; or
amenable for recovery, amenable for storage or reduced in volume. Such term
includes any activity or processing designed to change the physical form or
chemical composition of hazardous waste so as to render it nonhazardous.
(22) "Waste" means any solid, semisolid, liquid or contained gaseous
material for which no reasonable use or reuse is intended or which is intended
to be discarded.

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