39-4408. UNAUTHORIZED TREATMENT, STORAGE, RELEASE, USE OR DISPOSAL OF HAZARDOUS WASTE PROHIBITED. (1) No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose any hazardous waste in such a manner that the waste, or any constituent thereof, may enter the environment, unless the department has issued said person a permit or a variance as required for the specific activity involved or exempted the activity from permit requirements.

(2) Effective six (6) months after the effective date of this provision, nonhazardous liquids shall not be disposed of in a landfill for which a permit is required under section 39-4409, Idaho Code, or which is operating pursuant to interim status granted under section 3005(c) of RCRA, unless the owner or operator of the landfill demonstrates to the director that:

(a) The only reasonable alternative is placement in a landfill or unlined surface impoundment which contains or may contain hazardous waste; and

(b) Placement in the owner or operator’s landfill will not present a risk of contamination of any existing or potential underground source of drinking water.

(3) Waste or used oil or other material which is contaminated or mixed with any hazardous waste, other than wastes identified solely on the basis of ignitibility, shall not be used for dust suppression or road treatment.

(4) The board shall have authority to prohibit:

(a) Land disposal of any hazardous waste; and

(b) Storage of any hazardous waste prohibited from land disposal, unless such storage is solely for the purpose of the accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal.

History:

[39-4408, added 1983, ch. 154, sec. 1, p. 421; am. 1986, ch. 148, sec. 3, p. 418.]