39-8802. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature of the state of Idaho finds:

(a) That the protection of the environment from leaking underground storage tanks is a matter of statewide concern;

(b) That subchapter IX of the solid waste disposal act (42 U.S.C. 6991, et seq. (2000)), as amended by the underground storage tank compliance act, public law 109-58, title XV, August 8, 2005, and regulations adopted pursuant thereto, establish federal law regulating underground storage tanks; and

(c) That 42 U.S.C. 6991c(a) and 40 CFR part 281 allow the administrator of the United States environmental protection agency to approve a state program.

(2) Therefore, it is the intent of the legislature:

(a) To establish a state underground storage tank program to comply with the requirements of the underground storage tank compliance act, public law 109-58, title XV, August 8, 2005, and the regulations adopted pursuant thereto, and 40 CFR part 280, so that the Idaho department of environmental quality may promulgate rules, through negotiated rulemaking, to implement a state underground storage tank program as provided in section 39-8805, Idaho Code;

(b) That such program not constitute a new corrective action program;

(c) That such program qualify the state for federal funding from the federal leaking underground storage tank trust fund;

(d) That such program may be funded as provided in section 39-119, Idaho Code, not to exceed one hundred dollars ($100) per tank per year. These funds shall only be used for the underground storage tank program;

(e) A fee balance greater than thirty-five thousand dollars ($35,000) as of December 31 of each year, excluding any early payments for the fees due January 2 of the following year, shall be used to reduce the following year’s fee; and

(f) Prior to February 1 of each year, the director shall report to the governor and the legislature on the use of fees collected the previous year. At a minimum, the report shall include:

(i) A list of all tanks subject to inspection;

(ii) The type of inspection and regulatory authority or guidance used; and

(iii) A detailed accounting of how fee funds were spent.

History:

[39-8802, added 2007, ch. 29, sec. 1, p. 57; am. 2016, ch. 52, sec. 1, p. 148.]