reglab/housing_qa huggingface dataset:
ID Code § 39-3604 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3604 - DESIGNATION OF INSTREAM BENEFICIAL USES.

39-3604. DESIGNATION OF INSTREAM BENEFICIAL USES. (1) The director shall designate the beneficial uses each surface water body can reasonably be expected to attain. (2) Designated beneficial uses shall reflect existing uses. The director shall designate beneficial uses without regard to whether the uses are currently being attained or whether the uses are fully supported at the time of designation. In designating beneficial uses, the director shall consider: (a) The existing uses of the water body; (b) The physical, geological, hydrological, atmospheric, chemical and biological measures that affect the water body; (c) The beneficial use attainability measures identified in section 39-3607, Idaho Code; and (d) The economic impact of the designation and the economic costs required to fully support the beneficial uses. (3) When designating beneficial uses for a water body, the director shall consult with the basin advisory group and the watershed advisory group with the responsibilities described in this chapter for the water body. After consultation, the director shall identify the designated beneficial uses of each water body in the rules of the department pursuant to the rulemaking and public participation provisions of chapter 52, title 67, Idaho Code. (4) Persons who either conduct nonpoint activities or who conduct operations on waters described in section 39-3609, Idaho Code, pursuant to a national pollution discharge elimination system permit, shall not be required to meet water quality criteria other than those necessary for the full support of a water body’s existing and designated beneficial uses, except as provided in section 39-3611, Idaho Code.  History: [39-3604, added 1995, ch. 352, sec. 1, p. 1170; am. 1997, ch. 279, sec. 2, p. 832; am. 2013, ch. 348, sec. 2, p. 945.]
ID Code § 39-3605 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3605 - IDENTIFICATION OF REFERENCE STREAMS OR CONDITIONS.

39-3605. IDENTIFICATION OF REFERENCE STREAMS OR CONDITIONS. The director shall, in consultation with the appropriate basin advisory group, identify reference streams or conditions to assist in determining whether the designated beneficial uses of water bodies within a basin are being fully supported. Streams or conditions shall be selected to represent the land types, land uses, hydrology, water uses and geophysical features within the basins described in this chapter. Reference streams or conditions shall be representative of one (1) of the following: (1) A stream or other water body reflecting natural conditions with few impacts from human activities and which is representative of the highest level of support attainable in the basin; or (2) A stream or water body reflecting the minimum conditions necessary to fully support the designated beneficial uses of the stream or water body; or (3) Physical, chemical and biological indicators identified in the rules of the department which reflect full support of designated beneficial uses.  History: [39-3605, added 1995, ch. 352, sec. 1, p. 1171; am. 1997, ch. 279, sec. 3, p. 833; am. 2013, ch. 348, sec. 3, p. 945.]
ID Code § 39-3605C (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3605C - ENVIRONMENTAL REMEDIATION FUND ESTABLISHED.

39-3605C. ENVIRONMENTAL REMEDIATION FUND ESTABLISHED. There is hereby created in the state treasury a fund to be known as the environmental remediation fund. Surplus moneys in the environmental remediation fund shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury under section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the environmental remediation fund. The fund may have paid into it: (1) Legislative appropriations and transfers from other funds; (2) All donations and grants from any source which may be used for the provisions of this act; (3) Any other funds which may hereafter be provided by law.  History: [39-3605C, added 1995, ch. 344, sec. 2, p. 1133.]
ID Code § 39-3606 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3606 - MONITORING AND USE OF REFERENCE STREAMS OR CONDITIONS AND BENEFICIAL USE SUPPORT ASSESSMENT.

39-3606. MONITORING AND USE OF REFERENCE STREAMS OR CONDITIONS AND BENEFICIAL USE SUPPORT ASSESSMENT. (1) The director shall conduct monitoring to determine whether designated beneficial uses of water bodies are fully supported. In making such determinations, the director shall consult with the basin advisory group and the watershed advisory group with the responsibilities described in this chapter for the water body. The director shall use the appropriate water quality standards as identified in the rules of the department and shall compare the physical, chemical and biological measures of the water body with the reference stream or condition appropriate to the land type, land uses, hydrology, water uses and geophysical features of the water body as described in section 39-3605(2), Idaho Code. If the water body has such physical, chemical or biological measures as the reference stream or condition, even though such measures may be diminished from the conditions set forth in section 39-3605(1), Idaho Code, then the director shall deem the designated beneficial uses for the water body to be fully supported and as having achieved the objectives of the federal clean water act and of this chapter. When site-specific standards have been developed for an activity pursuant to the rules of the department, the use of reference streams as described in this section shall not be necessary. (2) The physical, geological, hydrological, atmospheric, chemical or biological measures of a water body to be used to determine whether beneficial uses are fully supported may include, but are not limited to: stream width, stream depth, stream shade, sediment, bank stability, water flows, physical characteristics of the stream that affect habitat for fish, macroinvertebrate species or other aquatic life, and the variety and number of fish or other aquatic life.  History: [39-3606, added 1995, ch. 352, sec. 1, p. 1171; am. 1997, ch. 279, sec. 4, p. 833; am. 2013, ch. 348, sec. 4, p. 946.]
ID Code § 39-3606C (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3606C - APPROPRIATION OF ENVIRONMENTAL REMEDIATION FUND — PURPOSE OF CHAPTER.

39-3606C. APPROPRIATION OF ENVIRONMENTAL REMEDIATION FUND — PURPOSE OF CHAPTER. Moneys in the environmental remediation fund may be used for annual legislative appropriations for the purpose of environmental cleanup and remediation and restoration in, but not limited to, the following areas: (1) To provide the state’s matching share of grants for remediation including superfund grants; (2) To provide for the operations of remediation activities.  History: [39-3606C, added 1995, ch. 344, sec. 3, p. 1133.]
ID Code § 39-3607 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3607 - REVISIONS AND ATTAINABILITY OF BENEFICIAL USES.

39-3607. REVISIONS AND ATTAINABILITY OF BENEFICIAL USES. The director shall, in consultation with the appropriate basin advisory group and watershed advisory group, conduct a beneficial use attainability assessment to determine whether beneficial uses should be revised. Designated uses shall be reviewed and revised when such physical, geological, hydrological, atmospheric, chemical or biological measures indicate the need to do so. The director shall consider the economic costs required to attain a revised beneficial use. A designated use, that is not an existing use, shall be removed when it is demonstrated that attaining the use is not feasible, using those factors set forth in 40 CFR 131.10(g). Previous assessments of beneficial use attainability that are of a quality and content acceptable to the director shall constitute the baseline data against which future assessments shall be made to determine changes in the water body and what beneficial uses can be attained in it. In addition, the director, to the extent possible, may determine whether changes in the condition of the water body are the result of past or ongoing point or nonpoint source activities. The director shall also seek information from appropriate public agencies regarding land uses, water uses and geological or other information for the watershed that may affect water quality and the ability of the water body in question to attain designated beneficial uses. In carrying out the provisions of this section, the director may contract with private enterprises or public agencies to provide the desired data.  History: [39-3607, added 1995, ch. 352, sec. 1, p. 1171; am. 2013, ch. 348, sec. 5, p. 946.]
ID Code § 39-3608 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3608 - REGULATORY ACTIONS FOR WATER BODIES WHERE BENEFICIAL USES ARE FULLY SUPPORTED.

39-3608. REGULATORY ACTIONS FOR WATER BODIES WHERE BENEFICIAL USES ARE FULLY SUPPORTED. For streams or other water bodies where the director has determined that designated beneficial uses are being fully supported, the director shall assure, in a manner consistent with other existing applicable statutes, and rules, that all programs deemed necessary to maintain full support of designated beneficial uses are employed. In providing such assurances, the director may enter together into an agreement with public agencies in accordance with sections 67-2326 through 67-2333, Idaho Code.  History: [39-3608, added 1995, ch. 352, sec. 1, p. 1172.]
ID Code § 39-3609 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3609 - IDENTIFICATION OF WATER BODIES WHERE BENEFICIAL USES ARE NOT FULLY SUPPORTED.

39-3609. IDENTIFICATION OF WATER BODIES WHERE BENEFICIAL USES ARE NOT FULLY SUPPORTED. In accordance with the provisions set forth in the federal clean water act and after consultation with the appropriate basin advisory group and watershed advisory group, the director shall notify the appropriate public agencies of any water bodies in which the designated beneficial uses are not fully supported. For water bodies so identified, the director shall place such water bodies into one (1) of the following priority classifications for the development of total maximum daily load or equivalent processes: (1) "High." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of pollution poses a significant risk to designated or existing beneficial uses. The director, in establishing this category, shall consider public involvement as set forth in this chapter. (2) "Medium." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of the pollution poses a risk to designated or existing beneficial uses. (3) "Low." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of pollution poses a minimal risk to designated or existing beneficial uses.  History: [39-3609, added 1995, ch. 352, sec. 1, p. 1172; am. 1997, ch. 279, sec. 5, p. 833; am. 2013, ch. 348, sec. 6, p. 947; am. 2016, ch. 111, sec. 1, p. 316.]
ID Code § 39-3610 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3610 - GENERAL LIMITATIONS ON POINT AND NONPOINT SOURCES FOR WATER BODIES NOT FULLY SUPPORTING BENEFICIAL USES.

39-3610. GENERAL LIMITATIONS ON POINT AND NONPOINT SOURCES FOR WATER BODIES NOT FULLY SUPPORTING BENEFICIAL USES. The director shall assure, in a manner consistent with existing statutes or rules, that for each category of water body, as described in section 39-3609(1) through (3), Idaho Code, the following limitations shall apply: (1) For waters in the "high," category a total maximum daily load or equivalent process as described in this chapter shall be undertaken. Provided however, that nothing in this section shall be interpreted as requiring best management practices for agricultural operations which are not adopted on a voluntary basis. (2) For waters in the "medium" category, such changes in permitted discharges from point sources on the water body or to the best management practices for nonpoint sources within the watershed deemed necessary to prohibit further impairment of the designated or existing beneficial uses. (3) For waters in the "low" category, such changes in permitted discharges from point sources on the water body or to the best management practices for nonpoint sources within the watershed deemed necessary to prohibit further impairment of the designated or existing beneficial uses.  History: [39-3610, added 1995, ch. 352, sec. 1, p. 1172.]
ID Code § 39-3612 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3612 - INTEGRATION OF TOTAL MAXIMUM DAILY LOAD PROCESSES WITH OTHER PROGRAMS.

39-3612. INTEGRATION OF TOTAL MAXIMUM DAILY LOAD PROCESSES WITH OTHER PROGRAMS. Upon completion of total maximum daily load processes as set forth in section 39-3611, Idaho Code, the director shall integrate such processes into the state’s water quality management plan developed pursuant to the federal clean water act. Total maximum daily load processes shall be used by all designated agencies for achieving water quality standards.  History: [39-3612, added 1995, ch. 352, sec. 1, p. 1173; am. 2003, ch. 351, sec. 2, p. 939.]
ID Code § 39-3613 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3613 - CREATION OF BASIN ADVISORY GROUPS.

39-3613. CREATION OF BASIN ADVISORY GROUPS. The director, in consultation with the designated agencies, shall name, for each of the state’s major river basins, no less than one (1) basin advisory group which shall generally advise the director on water quality objectives for each basin and work in a cooperative manner with the director to achieve these objectives. Each such group shall establish by majority vote, operating procedures to guide the work of the group. Members shall be compensated pursuant to section 59-509(c), Idaho Code. The membership of each basin advisory group shall be representative of the industries and interests directly affected by the implementation of water quality programs within the basin and each member of the group shall either reside within the basin or represent persons with a real property interest within the basin. Recognized groups representing those industries or interests in the basin may nominate members of the group to the director. Each basin advisory group named by the director shall reflect a balanced representation of the interests in the basin and shall, where appropriate, include a representative from each of the following: agriculture, mining, nonmunicipal point source discharge permittees, forest products, local government, livestock, Indian tribes (for areas within reservation boundaries), water-based recreation, and environmental interests. In addition, the director shall name one (1) person to represent the public at large who may reside outside the basin. Members named to the basin advisory groups shall, in the opinion of the director, have demonstrated interest or expertise which will be of benefit to the work of the basin advisory group. The director may also name as may be needed those who have expertise necessary to assist in the work of the basin advisory group who shall serve as technical nonvoting advisers to the basin advisory group.  History: [39-3613, added 1995, ch. 352, sec. 1, p. 1174; am. 1997, ch. 214, sec. 1, p. 634; am. 2001, ch. 103, sec. 32, p. 277; am. 2001, ch. 371, sec. 1, p. 1296; am. 2007, ch. 90, sec. 21, p. 258.]
ID Code § 39-3614 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3614 - DUTIES OF THE BASIN ADVISORY GROUP.

39-3614. DUTIES OF THE BASIN ADVISORY GROUP. Each basin advisory group shall meet as necessary to conduct the group’s business and to provide general coordination of the water quality programs of all public agencies pertinent to each basin. Duties of the basin advisory groups shall include, but not be limited to, providing advice to the director for: (1) Determining priorities for monitoring; (2) Revisions in the beneficial uses designated for each stream and the status and attainability of designated or existing beneficial uses for the water bodies within the basin; (3) Assigning water bodies to the categories described in section 39-3609, Idaho Code; (4) Reviewing the development and implementation of total maximum daily load processes as described in section 39-3611, Idaho Code; (5) Suggesting members of the watershed advisory groups described in section 39-3615, Idaho Code; and (6) Establishing priorities for water quality programs within the basin based on the economic resources available to implement such programs. In carrying out the provisions of this chapter, the director and the basin advisory groups shall employ all means of public involvement deemed necessary, including the public involvement required by section 39-3603, Idaho Code, or required in chapter 52, title 67, Idaho Code, and shall cooperate fully with the public involvement or planning processes of other appropriate public agencies.  History: [39-3614, added 1995, ch. 352, sec. 1, p. 1174.]
ID Code § 39-3615 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3615 - CREATION OF WATERSHED ADVISORY GROUPS.

39-3615. CREATION OF WATERSHED ADVISORY GROUPS. Basin advisory groups shall identify representatives of the industries and other interests affected by the management of water quality within a watershed who are prospective members of an advisory group for the watershed and shall advise the director of their findings. The director, upon the advice of the appropriate basin advisory group, shall name watershed advisory groups which will generally advise the department on the appropriateness, attainability and status of existing and designated beneficial uses and water quality criteria within the watershed, and on the development and implementation of TMDLs and other state water quality plans, including those specific actions needed to control point and nonpoint sources of pollution within the watersheds of those water bodies where designated beneficial uses are not fully supported. Each watershed advisory group shall be formed early enough to complete consultation, as provided in section 39-3611(8), Idaho Code, prior to the date the TMDL and any supporting subbasin assessment is scheduled to be submitted to the United States environmental protection agency for approval. If the members of the watershed advisory group, with the concurrence of the basin advisory group, advise the director that applicable water quality standards within the watershed are not attainable or are inappropriate based upon supporting data, the director shall initiate the process or processes to assess such standards and to change or remove the standards that are shown by the assessment to be unattainable or inappropriate, consistent with this chapter. Members of each watershed advisory group shall be representative of the industries and interests affected by the management of that watershed and shall, where appropriate, include a representative from each of the following: agriculture, mining, point source dischargers, forest products, local government, livestock, Indian tribes (for areas within reservation boundaries), water-based recreation, environmental interests and the land managing or regulatory agencies with an interest in the management of that watershed and the quality of the water bodies within it. Members of each watershed advisory group shall serve and shall not be reimbursed for their expenses during their term of service.  History: [39-3615, added 1995, ch. 352, sec. 1, p. 1175; am. 1997, ch. 279, sec. 7, p. 835; am. 2005, ch. 334, sec. 3, p. 1051.]
ID Code § 39-3616 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3616 - DUTIES OF EACH WATERSHED ADVISORY GROUP.

39-3616. DUTIES OF EACH WATERSHED ADVISORY GROUP. Each watershed advisory group shall generally be responsible for recommending those specific actions needed to control point and nonpoint sources of pollution within the watershed so that, within reasonable periods of time, designated beneficial uses are fully supported and other state water quality plans are achieved. Watershed advisory groups shall, as described in this chapter, consult with the director and participate in the development of each TMDL and any supporting subbasin assessment for water bodies within the watershed, and shall develop and recommend actions needed to effectively control sources of pollution. In carrying out the provisions of this section, the director and the watershed advisory groups shall employ all means of public involvement deemed necessary or required in chapter 52, title 67, Idaho Code, and shall cooperate fully with the public involvement or planning processes of other appropriate public agencies.  History: [39-3616, added 1995, ch. 352, sec. 1, p. 1175; am. 1997, ch. 279, sec. 8, p. 835; am. 2005, ch. 334, sec. 4, p. 1052.]
ID Code § 39-3617 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3617 - DESIGNATION OF OUTSTANDING RESOURCE WATERS.

39-3617. DESIGNATION OF OUTSTANDING RESOURCE WATERS. Any person may request, in writing to the board of environmental quality, that a stream segment may be considered for designation as an outstanding resource water. The board shall recommend to the legislature those stream segments the board proposes for designation as outstanding resource waters. The legislature shall determine by law which such stream segments to designate as outstanding resource waters. Stream segments so designated shall be included in a list of outstanding resource waters to be compiled and updated by the department of environmental quality in its rules governing water quality standards. Interim status or special protection shall not be provided to streams recommended by the board prior to legislative designation as an outstanding resource water. No state agency shall delay actions, or deny or delay the processing or approval of any permit for a nonpoint source activity based on nomination of a segment for designation as an outstanding resource water, or while the legislature is considering such designation.  History: [39-3617, added 1995, ch. 352, sec. 1, p. 1175; am. 2001, ch. 103, sec. 33, p. 279.]
ID Code § 39-3618 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 36 - WATER QUALITY|Section 39-3618 - RESTRICTION PROVISIONS FOR NEW NONPOINT SOURCE ACTIVITIES ON OUTSTANDING RESOURCE WATERS.

39-3618. RESTRICTION PROVISIONS FOR NEW NONPOINT SOURCE ACTIVITIES ON OUTSTANDING RESOURCE WATERS. No person shall conduct a new or substantially modify an existing nonpoint source activity that can reasonably be expected to lower the water quality of an outstanding resource water, except for short-term or temporary nonpoint source activities which do not alter the essential character or special uses of a segment, issuance of water rights permits or licenses, allocation of water rights, or operation of water diversions or impoundments.  History: [39-3618, added 1995, ch. 352, sec. 1, p. 1176.]