Idaho § 39-4408 - Unauthorized treatment, storage, release, use or disposal of hazardous waste prohibited
Full text of Idaho Idaho Statutes § 39-4408 — Unauthorized treatment, storage, release, use or disposal of hazardous waste prohibited, with citation guidance and answers to common questions.
§ 39-4408. Unauthorized treatment, storage, release, use or disposal of hazardous waste prohibited
(1) No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose any hazardous waste in such a manner that the waste, or any constituent thereof, may enter the environment, unless the department has issued said person a permit or a variance as required for the specific activity involved or exempted the activity from permit requirements.
(2) Nonhazardous liquids shall not be disposed of in a landfill for which a permit is required under section 39-4409 , Idaho Code, or which is operating pursuant to interim status granted under section 3005(c) of RCRA, unless the owner or operator of the landfill demonstrates to the director that:
(a) The only reasonable alternative is placement in a landfill or unlined surface impoundment which contains or may contain hazardous waste; and
(b) Placement in the owner or operator’s landfill will not present a risk of contamination of any existing or potential underground source of drinking water.
(3) Waste or used oil or other material which is contaminated or mixed with any hazardous waste, other than wastes identified solely on the basis of ignitibility, shall not be used for dust suppression or road treatment.
(4) The board shall have authority to prohibit:
(a) Land disposal of any hazardous waste; and
(b) Storage of any hazardous waste prohibited from land disposal, unless such storage is solely for the purpose of the accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal.
[39-4408, added 1983, ch. 154, sec. 1, p. 421; am. 1986, ch. 148, sec. 3, p. 418; am. 2026, ch. 89, sec. 5, p. 466.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 39-4408
What does Idaho Statutes § 39-4408 cover?
Section 39-4408 ("Unauthorized treatment, storage, release, use or disposal of hazardous waste prohibited") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 39-4408?
A common citation format is "Idaho Statutes § 39-4408" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 39-4408 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.