In 1976, Congress enacted the Resource Conservation and Recovery Act (RCRA) to regulate waste management activities nationwide. Under the act and subsequent amendments, states are allowed to develop and enforce state municipal waste management programs so long as they are substantially equivalent to, consistent with, and no less stringent than the federal program.

With passage of the Idaho Solid Waste Facilities Act (Idaho Code Title 39, Chapter 74), Idaho received approval from the U.S. Environmental Protection Agency (EPA) in September 1993 to manage municipal solid waste landfills (MSWLFs) in the state. The act prescribes municipal solid waste disposal standards and procedures and a process for the development, operation, and oversight of municipal solid waste disposal sites in Idaho. Specifically, the law incorporates the RCRA standards and procedures applicable to owners and operators of MSWLFs in Idaho and outlines the roles of county, state and health district officials in managing solid waste in the state.

Additional regulations pertaining to non-municipal solid waste landfills (NMSWLFs) and other solid waste management facilities, including processing facilities, incinerators, transfer stations, and Conditionally Exempt Small Quantity Generator (CESQG) waste management facilities, are contained in Idaho's Solid Waste Management Rules (IDAPA 58.01.06). The rules do not apply to facilities that handle wastes that are regulated by other federal or state laws or rules or to recycling centers or backyard composting.

MSWLFs receive solid waste generated by households, which include single and multiple-family residences, hotels and motels, campgrounds, picnic grounds, and other similar facilities. MSWLFs also may receive other types of solid waste, such as commercial and industrial solid waste. MSWLFs may be publicly or privately owned and operated. In Idaho, publicly owned landfills are frequently owned and operated by county governments. Privately owned MSWLFs are known as commercial solid waste facilities.

In general, provisions of the Idaho Solid Waste Facilities Act apply to all MSWLFs active (receiving waste) after October 9, 1993. The law covers six basic areas: location, operation, design, ground water monitoring and corrective action, closure and post-closure care, and financial assurance.

 Summary of MSWLF Regulations

 Certification Requirements

NMSWLFs only accept solid waste that is not mixed with waste generated by households or is not specifically excluded from regulation under Idaho's Solid Waste Management Rules. Non-municipal solid waste may include such materials as glass, plastic, wood, roofing materials, sheet rock, and certain quantities of hazardous or pathogenic waste. It does not include wastes that are regulated under separate laws and rules, such as asbestos, certain hazardous wastes, polychlorinated biphenyl (PCB), and radioactive waste. NMSWLFs may be publicly or privately owned.

NMSWLFs are regulated under Idaho's Solid Waste Management Rules, which were approved by the Idaho Legislature in 2003 to prescribe proper management practices for non-municipal solid waste, ensure statewide consistency for non-municipal solid waste management, and provide specific siting, operational and closure/post-closure requirements based on volume of waste, waste characteristics, type of waste management facility, and potential impact to human health and the environment.

 Summary of NMSWLF Regulations

 Reporting Deadlines

All Tier I, II, and III facilities that opened after April 26, 2002, are required to comply with the rule requirements before accepting waste. All Tier I, II, and III facilities that were in operation before April 26, 2002, were required to meet certain operating requirements as of April 2004. If you are uncertain whether your operation is in compliance, check with your local health district.

All Tier II and III facilities that were in operation before April 26, 2002, were also required to submit documentation to DEQ demonstrating compliance with siting and design requirements and applicable restrictions by April 26, 2007. A site map must be included with the siting application. If you are uncertain whether your operation is in compliance with site and design requirements, contact your DEQ Regional Office.

Responsibility for approving or disapproving proposed site, design, operation and closure/post-closure plans is shared by DEQ and the seven Public Health Districts in Idaho.

Under the Idaho Solid Waste Facilities Act, DEQ and Idaho's seven Public Health Districts share responsibility for regulating solid waste management facilities in Idaho. The roles and responsibilities of each are identified in a Memorandum of Understanding (MOU) executed in February 2000 between DEQ and the Public Health Districts and designed to prevent gaps and avoid duplication in services.

In a broad sense, the MOU specifies that DEQ and the Districts will work cooperatively to prepare rules, standards, technical policies, and guidelines, and to resolve violations through education, technical assistance, and enforcement action if necessary. It also defines procedures to share and disseminate information between agencies and the public and to manage complaints.

In regard to solid waste management in particular, the MOU assigns responsibility to DEQ for ensuring that solid waste management facilities meet siting and design requirements. In this capacity, DEQ is responsible for reviewing siting and approving engineering and technical plans for solid waste management sites and other waste treatment and disposal facilities. Responsibility for ensuring that solid waste management facilities comply with operational, closure and post-closure requirements is assigned to the Public Health Districts. In addition, the Health Districts are responsible for providing regulatory oversight, including conducting routine inspections, of MSWLFs and NMSWLFs.