Nonmunicipal Solid Waste Landfills
NMSWLFs only accept solid waste that is not mixed with waste generated by households or is not specifically excluded from regulation by state rule. Nonmunicipal solid waste may include glass, plastic, wood, roofing materials, sheetrock, 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 (IDAPA 58.01.06), which were approved by the Idaho Legislature in 2003 to prescribe proper management practices for nonmunicipal solid waste, ensure statewide consistency for nonmunicipal solid waste management, and provide specific siting, operational, and closure/postclosure 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
NMSWLFs are regulated on the basis of volume and characteristics of waste managed and are among the types of solid waste management facilities classified in the new rules as Tier I, II, or III.
Tier I Facilities
NMSWLFs that have a cumulative design capacity of 2,000 cubic yards or less and only accept materials that are not likely to produce leachate are classified as Tier I facilities. Under the rules, Tier I facilities are required to demonstrate compliance with several new requirements, including appropriate signage, nuisance (disease, vector, odor, and litter) control, secure access, open burning restrictions, and stormwater runoff controls. The rules also impose new notification and documentation requirements.
Tier II Facilities
NMSWLFs, in the Tier II category, are facilities with a total designed disposal capacity greater than 2,000 cubic yards that are not disposing of conditionally exempt small quantity generator (CESQG) hazardous waste or materials with a high human pathogenic potential, or not managing solid waste in a manner or volume that will form toxic leachate or gas or that is likely to pose a substantial risk to human health or the environment. Tier II facilities are required to submit a siting and design plan to DEQ. The local health districts are responsible for reviewing and approving operating and closure/postclosure plans submitted by the facility owner or operator.
Tier III Facilities
NMSWLFs fall into the Tier III category if DEQ determines that it is landfilling or disposing of CESQG hazardous waste or materials with a high human pathogenic potential, or managing solid waste in a manner or volume that will form toxic leachate or gas, or is likely to pose a substantial risk to human health or the environment. Tier III facilities also must submit a siting and design plan to DEQ and operating and closure/postclosure plans to the local public health district, including a description of wastes accepted and methods that will be employed to comply with applicable operating, siting, design, and closure/postclosure requirements. Tier III facilities also are required to install approved ground water monitoring systems.
Responsibility for approving or disapproving proposed site, design, operation, and closure/postclosure plans is shared by DEQ and the seven public health districts in Idaho.