Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE
Section 58.01.05.356 - VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES
Current through August 31, 2023
01. Application Contents and Standard of Review. Applications must be submitted in triplicate and contain detailed plans, specifications, and information regarding objectives, procedures, controls, and other pertinent data as the Director may require. (3-24-22)
02. Standard Of Review. The Director may grant a variance only if the applicant demonstrates to the Director's satisfaction that construction and operation of the TSD facility or site in the manner allowed by the variance and any term or condition imposed as part of the variance: (3-24-22)
03. Public Hearings. The Director may hold a public hearing on an initial application for a variance and will hold a public hearing on any application to renew or extend a variance. The public hearing will be held at a location in the county where the operations that are the subject of the application are conducted unless the Director determines that a different location or virtual format is more appropriate and convenient for interested members of the public. The Director will give at least twenty (20) days' notice of the hearing to the applicant by certified mail and publish at least one (1) notice in a newspaper with general circulation in either the county where the operation is conducted or the county where the hearing is to be held. The Director will maintain a complete record of the testimony and the evidence submitted at the hearing. (3-24-22)
04. Public Information. All information submitted as part of a variance application is public information and not subject to any claim of confidentiality. The information will be made available for public inspection at the Department's state office and following locations: (3-24-22)
05. Director's Decision. No variance will be granted or denied until the Director has considered the relative interests of the applicant, other persons and property affected by the variance, and the public. Any variance granted will be for a period specified by the Director but not more than one (1) year. No variance will be granted or denied without a written order stating the findings upon which the decision is based. (3-24-22)
06. Applicant to Bear Costs. The cost of public notice, recording and transcribing of testimony, and hearing facilities must be borne by the applicant whether or not a variance is granted. (3-24-22)
