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Envirosafe Servs. of Idaho, Inc. v. Owyhee, County of

Citation: 17 ELR 20975
No. No. 16327, 735 P.2d 998/25 ERC 2076/(Idaho, 03/24/1987)

The court holds that the Idaho Hazardous Waste Management Act (HWMA) preempts a county ordinance governing the disposal of hazardous wastes and polychlorinated biphenyls (PCBs). The court first holds that the HWMA preempts local regulation of hazardous waste disposal. While the Act does not expressly preclude local regulation in this area, applicable sections of the statute indicate that the legislature intended to regulate hazardous waste disposal through a uniform state regulatory scheme. Moreover, the comprehensive scheme of the statute itself implicitly manifests the legislature's intent to preclude local regulation. In addition, there is a need for statewide rather than local control in this area. Idaho has a small number of facilities that handle hazardous waste, the treatment and storage of which is the subject of much interest and concern among Idaho citizens. The court then holds that PCBs are included under the HWMA's definition of hazardous waste. Thus, the Act preempts local regulation of PCB disposal as well.

Counsel for Plaintiff-Respondent
Charles F. McDevitt
Givens, McDevitt, Pursley, Webb & Buser
Park Place, 277 N. 6th St., Suite 200, P.O. Box 2720, Boise ID 83701
(208) 342-6571

Counsel for Defendants-Appellants
William Alex Fuhrman
Eberle, Berlin, Kading, Turnbow & Gillespie
Capitol Park Plaza, 300 N. Sixth St., P.O. Box 1368, Boise ID 83701
(208) 344-8535

SHEPARD, C.J., and DONALDSON, BAKES and BISTLINE, JJ., concur.