Idaho § 39-4423 - Disposal of restricted hazardous wastes prohibited

Full text of Idaho Idaho Statutes § 39-4423 — Disposal of restricted hazardous wastes prohibited, with citation guidance and answers to common questions.

§ 39-4423. Disposal of restricted hazardous wastes prohibited

(1) Notwithstanding any other provision of law to the contrary, no person shall discharge, deposit, inject, dump, spill, leak, or place any restricted hazardous waste, as defined in section 39-4403 , Idaho Code, into or on any land or water at a commercial hazardous waste facility or site.

(2) The department may issue a variance from the requirements of subsection (1) of this section, if, in the judgment of the director, application of the requirements would cause undue hardship and the granting of the variance would not be harmful to the public interest or inconsistent with RCRA requirements. In issuing the variance, the director shall take into account:

(a) The long-term uncertainties associated with land disposal;

(b) The goal of managing hazardous waste in an appropriate manner in the first instance; and

(c) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents.

(3) (a) The board shall promulgate rules and regulations specifying those levels or methods of treatment, if any, which substantially diminish the toxicity of the waste or substantially reduce the likelihood of migration of hazardous constituents from the waste so that short-term and long-term threats to human health and the environment are minimized.

(b) If such restricted hazardous waste has been treated to the level or by a method specified in regulations promulgated under this subsection, such waste or residue thereof shall not be subject to the prohibition in subsection (1) of this section and may be disposed of in a land disposal facility which meets the requirements of this chapter.

[39-4423, added 1986, ch. 324, sec. 2, p. 797.]

Source: official Idaho text · Last verified 2026-08-27

Frequently Asked Questions About Idaho § 39-4423

What does Idaho Statutes § 39-4423 cover?

Section 39-4423 ("Disposal of restricted hazardous wastes 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 § 39-4423?

A common citation format is "Idaho Statutes § 39-4423" (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 § 39-4423 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.