Idaho Code
Idaho Code § 39-7402 (2026)
Applicability.
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 2
cases, 2005–2020 · leading case: O'GUIN v. Bingham Cnty., 122 P.3d 308 (Idaho 2005).
O'GUIN v. Bingham Cnty., 122 P.3d 308 (Idaho 2005). “I.C. § 39-7402(1). In this case, the record reveals that on July 7, 1999, some of the landfill boundaries were not fenced or blocked.”
DEQ v. Gibson (Idaho 2020). “” I.C. § 39-7402. A MSWLF is defined as “a discrete area of land or an excavation that receives household waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 CFR 257.”
— Idaho Code § 39-7402(1) — 2 cases
O'GUIN v. Bingham Cnty., 122 P.3d 308 (Idaho 2005). “I.C. § 39-7402(1). In this case, the record reveals that on July 7, 1999, some of the landfill boundaries were not fenced or blocked.”
DEQ v. Gibson (Idaho 2020). “” I.C. § 39-7402. A MSWLF is defined as “a discrete area of land or an excavation that receives household waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 CFR 257.”
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