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State Statutes - Idaho - Title 39 - Chapter 74 - 39-7402
Idaho Statutes
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39-7402 - APPLICABILITY
(1) The standards and procedures set forth in
this chapter apply to owners and operators of new municipal solid waste
landfill (MSWLF) units, existing MSWLF units, and lateral expansions of
existing MSWLF units, except as otherwise specifically provided.
(2) The requirements of this chapter do not apply to MSWLF units that
ceased to accept waste on or prior to October 9, 1991.
(3) MSWLF units that receive waste after October 9, 1991, but stop
receiving waste in conformance with the provisions of 40 CFR 258.1(d), are
exempt from the requirements of this chapter, except as expressly provided
herein.
(4) All MSWLF units that receive waste on or after October 9, 1993, must
comply with all of the requirements of this chapter, unless otherwise allowed
in 40 CFR 258.1(d), (e) or (f).
(5) MSWLF units failing to satisfy these standards shall cease operation
and shall not accept municipal solid waste for disposal by order of the
department of environmental quality and/or the district health department
until provisions of this chapter are complied with unless a compliance
schedule has been approved by the director of the department of environmental
quality and/or the district health department.
(6) MSWLF units failing to satisfy the requirements set forth in this
chapter are considered open dumps for purposes of state solid waste management
planning and are prohibited under section 4005 of RCRA.
(7) MSWLF units containing sewage sludge and which fail to satisfy the
criteria set forth in 40 CFR 258 violate sections 309 and 405(e) of the clean
water act.
 
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