Idaho Admin. Code r. 58.01.06.001

Current through September 2, 2024

Section 58.01.06.001 - TITLE AND SCOPE

01.Title. These rules are titled IDAPA 58.01.06, "Solid Waste Management Rules."

02.Scope. These rules establish requirements applicable to all solid waste and solid waste management facilities in Idaho, except as specifically provided in Subsections 001.03 and 001.04.

03.Wastes Not Regulated Under These Rules.

a. These rules do not apply to the following solid wastes:

i. Liquid wastes when the discharge or potential discharge of the liquid waste is regulated under a federal, state or local water pollution discharge or wastewater land application permit, including management of any solids if management of the solids are addressed in a permit term or condition;

ii. Hazardous wastes regulated by the Hazardous Waste Management Act, Chapter 44, Title 39, Idaho Code, and the rules adopted thereunder;

iii. Polychlorinated biphenyl (PCB) waste regulated under the Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and these rules apply to PCB waste authorized by federal law to be disposed of at a nonhazardous waste landfill that is permitted, licensed or registered under Idaho Law;

iv. Slash or slashing areas resulting from the harvesting of timber and the disposal of which is managed pursuant to Chapter 1, Title 38, Idaho Code or log landings or sorting sites;

v. Wastes used, managed, stored and disposed in accordance with The Wood and Mill Yard Debris Technical Guidance Manual, as amended, published by the Department and developed pursuant to Sections 39-171 through 39-174, Idaho Code;

vi. Clean soils and clean dredge spoils as regulated under Section 404 of the federal Clean Water Act provided that they are not hazardous wastes regulated by the Hazardous Waste Management Act, Chapter 44, Title 39, Idaho Code and the rules adopted thereunder;

vii. Septage taken to a sewage treatment plant permitted by either the U.S. Environmental Protection Agency or the Department pursuant to IDAPA 58.01.15, "Rules Governing the Cleaning of Septic Tanks";

viii. All radioactive waste and radioactive materials regulated pursuant to Section 39-4405(9), Idaho Code and rules adopted thereunder and radioactive waste and materials regulated under the authority of the Atomic Energy Act of 1954, as amended;

ix. Petroleum Contaminated Soils (PCS) from a leaking petroleum storage tank system managed as a one (1) time remediation pursuant to IDAPA 58.01.02, "Water Quality Standards";

x. Asbestos as regulated by the Toxic Substances Control Act, as amended, 15 U.S.C. Sections 2601, et seq., or asbestos as regulated by the Clean Air Act, as amended, 42 U.S.C. Section 7412;

xi. Nonhazardous wastes disposed in a permitted hazardous waste treatment, storage and disposal unit regulated by the Hazardous Waste Management Act, Chapter 44, Title 39, Idaho Code, and rules adopted thereunder; or

xii. Waste otherwise regulated under Department authorities.

b. These rules do not apply to the following solid waste unless these wastes are mixed with more than incidental quantities of regulated waste;

i. Inert wastes;

ii. Manures and crop (plant) residues ultimately returned to the soils at agronomic rates;

iii. Any agricultural solid waste which is managed and regulated pursuant to rules adopted by the Idaho Department of Agriculture. The Department reserves the right to use existing authorities to regulate agricultural waste that impacts human health or the environment;

iv. Overburden, waste dumps, low-grade stockpiles, tailings and other materials uniquely associated with mineral extraction, beneficiation or processing operations;

v. Slag from the production of elemental phosphorus;

vi. Phospho-gypsum from the production of phosphate fertilizers, which includes the production of phosphoric acid; and

vii. Wood waste used for ornamental, animal bedding, mulch and plant bedding, or road building purposes.

04.Solid Waste Management Facilities Not Regulated Under These Rules. These Rules do not apply to the following solid waste management facilities:

a. Solid waste management facilities accepting only solid waste excluded by Subsection 001.03;

b. Recycling centers; or

c. Backyard composting sites.

Idaho Admin. Code r. 58.01.06.001

Effective March 24, 2022