Idaho Code
Idaho Code

Idaho Code § 39-7404 (2026)

Consistency with federal law — Status of appendices. 

✓ current as of May 2026
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Consistency with federal law — Status of appendices. 

The legislature intends that the state of Idaho enact and carry out a solid waste program that will enable the state to achieve approved state status with respect to solid waste disposal facility regulation from the federal government.

The legislature finds that subtitle D of RCRA, and in particular the code of federal regulations, title 40, part 257 and 258, establish complex, detailed and costly provisions for the disposal of solid waste. By the provisions of this chapter, the legislature desires to avoid duplicative or conflicting state and federal regulatory systems and allow local MSWLF unit owners the maximum flexibility possible under 40 CFR 257 and 258, to meet the substantive goals of protection of human health and the environment with consideration for actual site and climatic conditions. At any time that 40 CFR 257 or 40 CFR 258 is amended, any additional flexibility or extension otherwise prohibited by this chapter shall be allowed as applicable.
The board may not promulgate any rule pursuant to this act that would impose conditions or requirements more stringent or broader in scope than the referenced RCRA regulations of the United States environmental protection agency or the provisions of this chapter. Until regulations are adopted, agency conclusions in appendix B through appendix H, inclusive, per the "Federal Register" of October 9, 1991, shall be used for technical guidance for relevant provisions of this chapter.
Notes of Decisions
Cited in 2 cases, 2004–2020 · leading case: Covington v. Jefferson Cnty., 358 F.3d 626 (9th Cir. 2004).
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Covington v. Jefferson Cnty., 358 F.3d 626 (9th Cir. 2004). “Idaho law prohibits the creation of solid waste disposal regulations that would “impose conditions or requirements more stringent or broader in scope than the referenced RCRA regulations_” Idaho Code § 39-7404 (2003). The Appellees Jefferson County and D7HD acknowledge this…”
DEQ v. Gibson (Idaho 2020). · cites it 6× “I.C. § 39-7404. (“The legislature intends that the state of Idaho enact and carry out a solid waste program that will enable the state to achieve approved state status with respect to solid waste disposal facility regulation from the federal government.”
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