Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(1) The following modifications to approved sites shall be considered major modifications:
(a) Lateral expansion;
(b) Unpredictable change affecting any environmental monitoring program;
(c) Change of liner design, if not equivalent to the approved preliminary design's liner design;
(d) A modification of the design or operation due to initiation of corrective action and remediation; or
(e) Any change to operation or design that, as determined by a qualified professional and affirmed by the director, may appear to result in an increased risk to human health or the environment.
(2) The following modifications shall be considered minor modifications:
(a) Waste processing methodologies;
(b) Installation or decommissioning of landfill gas extraction or ground water monitoring wells;
(c) Alternative daily cover practices;
(d) Solid waste diversion programs; or
(e) Other actions or modifications that, as determined by a qualified professional and affirmed by the director, will not result in an increased risk to human health or the environment.
(3) The director may further define the scope of subsections (1) and (2) of this section by rule or other official policy document.
(4) The owner or operator of a facility shall apply to and obtain approval from the director prior to implementing a major or minor modification.
(5)(a) An applicant may request, in writing, that the director provide a preliminary determination on whether a modification is major or minor. Such preliminary determination shall not prohibit the director from making a different determination after reviewing a formal major or minor modification application.
(b) The director shall provide a preliminary decision within fourteen (14) days of receiving the request if the request is submitted with a summary of the proposed changes. If no such summary is provided, the director shall provide a preliminary decision within twenty-eight (28) days of receiving the request.
(6) The review and approval process for a major or minor modification application shall be conducted pursuant to this chapter.
(a) Notice of a rejected minor modification application shall be sent with empirical evidence that the modification will increase the risk to human health or the environment.
(b) An applicant may appeal any rejection or condition of modification pursuant to the procedures provided in this chapter.
(7) Approved and implemented major and minor modifications shall be accounted for in the operations plan when the plan is submitted for recertification. Such modifications may be accounted for prior to recertification by submitting an operations plan amendment with the director for review and approval pursuant to this chapter.
Cite this article: FindLaw.com - Idaho Statutes Title 39. Health and Safety § 39-7419. Modifications to sites approved under this chapter - last updated January 01, 2024 | https://codes.findlaw.com/id/title-39-health-and-safety/id-st-sect-39-7419/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Make It a Preferred Google Search Source
Add to GoogleGet help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)