reglab/housing_qa huggingface dataset:
ID Code § 39-112 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-112 - EMERGENCY — ORDER — HEARING — MODIFICATION, AFFIRMANCE, OR SETTING ASIDE.

39-112. EMERGENCY — ORDER — HEARING — MODIFICATION, AFFIRMANCE, OR SETTING ASIDE. (1) Any other provision of law to the contrary notwithstanding, if the director finds that a generalized condition of air pollution exists and that it creates an imminent and substantial endangerment to the public health or welfare constituting an emergency requiring immediate action to protect human health or safety, the director, with the concurrence of the governor as to the existence of such an emergency shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a time and place, not later than twenty-four (24) hours thereafter, for a hearing to be held before the director. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereof, the director shall affirm, modify or set aside its order. (2) In the absence of a generalized condition of air pollution of the type referred to in subsection (1) of this section, if the director finds that emissions from the operation of one (1) or more air contaminant sources is causing imminent and substantial danger to human health or safety the director may bring suit through the attorney general in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such civil action, the director may order the person or persons responsible for the operation or operations in question to reduce or discontinue emissions immediately without regard to other provisions of this act. In such event, the requirements for hearing and affirmance, modification or setting aside of an order set forth in subsection (1) of this section shall apply. For purposes of subsections (1) and (2) of this section, imminent and substantial endangerment or danger shall be interpreted no more broadly than these words are interpreted under section 303 of the clean air act, 42 USC 7603. (3) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office.  History: [39-112, added 1972, ch. 347, sec. 12, p. 1017; am. 2000, ch. 132, sec. 20, p. 334.]
ID Code § 39-113 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-113 - TRANSFER OF EMPLOYEES.

39-113. TRANSFER OF EMPLOYEES. All employees of the division of environmental quality and the INEEL oversight program of the department of health and welfare are transferred to the department of environmental quality. Such transfer shall in no manner affect the rights or privileges of any transferred employee under the public employee retirement system (chapter 13, title 59, Idaho Code), the group insurance plan (chapter 57, title 67, Idaho Code), or personnel system (chapter 53, title 67, Idaho Code). Additionally, when the department of health and welfare is used in terms of environmental protection, it shall mean the department of environmental quality.  History: [39-113, added 1972, ch. 347, sec. 15, p. 1017; am. 2000, ch. 132, sec. 21, p. 334; am. 2018, ch. 169, sec. 8, p. 358.]
ID Code § 39-114 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-114 - OPEN BURNING OF CROP RESIDUE.

39-114. OPEN BURNING OF CROP RESIDUE. (1) The open burning of crop residue to develop physiological conditions conducive to increase crop yields, or to control diseases, insects, pests or weed infestations, shall be an allowable form of open burning, such that it is expressly authorized as referenced in section 52-108, Idaho Code, as long as the open burning is conducted in accordance with the provisions of this section and the rules promulgated pursuant to this chapter. (2) Crop residue means any vegetative material remaining in the field after harvest or vegetative material produced on designated conservation reserve program (CRP) lands. (3) The open burning of crop residue shall be conducted in the field where it was generated. A burn may not take place without preapproval from the department. The department shall not approve a burn if it determines that ambient air quality levels: (a) Are exceeding, or are expected to exceed, ninety percent (90%) of the ozone national ambient air quality standard (NAAQS) and seventy-five percent (75%) of the level of any other NAAQS on any day, and these levels are projected to continue or recur over at least the next twenty-four (24) hours; or (b) Have reached, or are forecasted to reach and persist at, eighty percent (80%) of the one (1) hour action criteria for particulate matter pursuant to section 556 of IDAPA 58.01.01, rules for the control of air pollution in Idaho. The department shall make available to the public, prior to the burn, information regarding the date of the burn, location, acreage and crop type to be burned. If the agricultural community desires to burn more than twenty thousand (20,000) acres annually of bluegrass within the state, that does not include Indian or tribal lands within the reservation boundaries as recognized by the federal clean air act, then, prior to approving the burning of the additional acres, the department shall complete an air quality review analysis to determine that the ambient air quality levels in this section will be met. (4) A fee in an amount of two dollars ($2.00) per acre burned shall be paid to the department. This fee shall not apply to propane flaming, as defined in the rules promulgated pursuant to this chapter. The department shall remit all fees quarterly to the state treasurer, who shall deposit the moneys in the general fund.  History: [39-114, added 2017, ch. 56, sec. 3, p. 87; am. 2019, ch. 32, sec. 1, p. 92.]
ID Code § 39-116 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-116 - COMPLIANCE SCHEDULES.

39-116. COMPLIANCE SCHEDULES. The director shall have the authority to issue compliance schedule orders to any person who is the source of any health hazard, air contaminant, water pollution or solid waste for which regulatory standards have been established, including regulatory standards then in effect or to become effective at a future date or at future successive dates. The purpose of any compliance schedule order shall be to identify and establish appropriate acts and time schedules for interim actions by those persons who are or who will be affected by regulatory standards, such acts and schedules being designed to assure timely compliance by those affected by the regulatory standards. Prior to the issuance of a compliance schedule order, the director shall solicit the cooperation of the person to whom the compliance schedule order will be directed by providing the person notice that identifies with reasonable specificity the applicable statutes and rules, the events or occurrences that necessitate the order, and the proposed terms of the order and that informs the person that a conference with the director to discuss the proposed terms of the order shall be provided if requested within fifteen (15) days of receipt of the notice. If requested, the director shall confer with the person and shall solicit the person’s cooperation in the selection of the terms of the order. The compliance schedule order may be issued at any time after the conference, if one is requested, and the expiration of sixty (60) days following the receipt of the notice. Any compliance schedule order shall be enforceable in the same manner as any order entered pursuant to section 39-108, Idaho Code, except the order may be challenged by an administrative appeal to the board as provided in section 39-107(5), Idaho Code. The order shall be effective and enforceable during an administrative appeal, unless the board or its designated hearing officer issues a stay of the order.  History: [I.C., sec. 39-116, as added by 1973, ch. 139, sec. 1, p. 270; am. 1974, ch. 23, sec. 57, p. 633; am. 1986, ch. 60, sec. 7, p. 175; am. 2000, ch. 132, sec. 24, p. 336.]
ID Code § 39-116A (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-116A - COMPLIANCE AGREEMENT SCHEDULES.

39-116A. COMPLIANCE AGREEMENT SCHEDULES. (1) The director is hereby authorized to enter into a compliance agreement schedule with any person. An agreement entered into under this section shall not relieve any person from the obligation to comply with applicable human health and environmental protection statutes and rules, but may include an enforceable schedule for actions necessary for the person to come into or maintain compliance as expeditiously as practicable with such statutes and rules, if the person demonstrates to the satisfaction of the department that such a schedule is appropriate, given the factors listed in subsection (4) of this section. The provisions of this section shall not apply where prohibited by federal or state law. (2) The department may propose, and the board adopt, rules necessary for the implementation of this section. (3) In establishing any compliance agreement schedule, the term of the agreement shall not exceed ten (10) years, although successive agreements may be entered into. Agreements shall provide for annual meetings between the department and the person to reassess whether, considering the factors listed in subsection (4) of this section, the schedule and other terms of the agreement are still appropriate. All agreements must be signed by the director or his designee and an authorized representative on behalf of the person. All agreements are enforceable as orders under the provisions of this chapter. (4) Agreements and schedules entered into under this act shall take into account, in descending priority the: (a) Protection of public health; (b) Protection of environment; (c) Ability of the person to pay for costs of compliance; (d) Current fiscal obligations of the person; (e) Other factors as determined by the department or the board.  History: [39-116A, added 2003, ch. 317, sec. 1, p. 869.]
ID Code § 39-118B (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-118B - RELATIONSHIP TO FEDERAL LAW.

39-118B. RELATIONSHIP TO FEDERAL LAW. The board may promulgate rules and regulations to ensure that the state of Idaho is in compliance with the provisions of the federal clean air act. To the extent that the federal clean air act sets forth or the United States environmental protection agency adopts or has adopted a specific standard, emission limitation or control technology requirement under the clean air act, a more stringent standard, emission limitation or control technology requirement promulgated by the board shall not become effective until specifically approved by statute.  History: [39-118B, added 1993, ch. 275, sec. 1, p. 927.]
ID Code § 39-118C (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-118C - LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE.

39-118C. LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE. (1) The legislature finds that it is an obligation of the state of Idaho under title V of the clean air act to provide for an operating permit program for sources of air pollution within the state. (2) The purpose of these amendments to the environmental protection and health act is to meet the state’s obligation to protect air quality with a cost-effective operating permit program. (3) The legislature intends that the department’s regulation under title V of the clean air act shall take advantage of the flexibility authorized by the federal clean air act to establish reasonable and cost-effective requirements. Such requirements shall include, but not be limited to: (a) Operating flexibility provisions; (b) Provisions allowing off-permit changes; (c) Provisions that limit federally enforceable hazardous air pollutant requirements to that group of pollutants listed under section 112 of the federal clean air act (to the extent that the operating permits address hazardous air pollutants); (d) Provisions for operating permits to be issued for fixed terms of five (5) years; provided that, in order to facilitate the implementation of the title V operating permit program, the director may issue operating permits with terms of from three (3) to five (5) years during the first three (3) years following environmental protection agency approval of Idaho’s title V operating permit program so long as those permits with fixed terms of less than five (5) years are renewed with terms of five (5) years thereafter; and provided further that if the maximum operating permit term under the federal clean air act should be extended beyond five (5) years, the director shall similarly extend the term of operating permits issued under the Idaho program; and provided further, that shorter terms are allowable when mutually agreed upon by the department and the applicant; (e) Provisions for adequate, streamlined and reasonable procedures for processing modifications, including establishing criteria to determine insignificant changes that shall not require a permit modification, and establishing classes of modifications based on significance which shall include a minor modification class for which modifications may be processed in group as authorized by 40 CFR 70.7(e)(3) as may be amended; and (f) Provisions allowing an existing source to make changes that reduce emissions without applying for a permit to construct or an amendment to an operating permit; provided, however, that an existing source that makes such changes may seek and obtain an operating permit modification if it chooses.  History: [39-118C, added 1993, ch. 275, sec. 2, p. 927.]
ID Code § 39-118D (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-118D - IDAHO AIR QUALITY PERMITTING FUND.

39-118D. IDAHO AIR QUALITY PERMITTING FUND. (1) All moneys received from fees collected from the pollution sources requiring permitting under title V of the federal clean air act amendments of 1990 shall be forwarded to the department of environmental quality and shall be paid into the Idaho air quality permitting fund which is hereby created in the office of the state treasurer. (2) Such moneys and all interest earned thereon shall be kept in the Idaho air quality permitting fund and shall be expended for the technical, legal and administrative support necessary for implementing the operating permit program required under title V of the federal clean air act amendments of 1990. (3) All salaries, costs and expenses incurred by the department of environmental quality in performing the duties and the exercise of its powers in carrying out the operating permit program required under title V of the federal clean air act amendments of 1990 shall be paid out of the air quality permitting fund.  History: [39-118D, added 1993, ch. 275, sec. 3, p. 928; am. 2000, ch. 132, sec. 26, p. 337.]
ID Code § 39-118E (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-118E - SMALL BUSINESS ASSISTANCE.

39-118E. SMALL BUSINESS ASSISTANCE. The department shall implement a small business assistance program as required in 42 U.S.C. 7661a.  History: [39-118E, added 1993, ch. 275, sec. 8, p. 937; am. 2021, ch. 321, sec. 18, p. 964.]
ID Code § 39-119 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-119 - COLLECTION OF FEES FOR SERVICES.

39-119. COLLECTION OF FEES FOR SERVICES. The department of environmental quality is hereby authorized to charge and collect reasonable fees, established by standards formulated by the director and approved by the board through rulemaking, for any service rendered by the department.  History: [I.C., sec. 39-119, as added by 1975, ch. 182, sec. 1, p. 499; am. 2000, ch. 132, sec. 27, p. 338.]
ID Code § 39-121 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-121 - DEFINITIONS.

39-121. DEFINITIONS. As used in section 39-102, Idaho Code, and in sections 39-120 through 39-127, Idaho Code: (1) "Cleanup" means removal, treatment or isolation of a contaminant from ground water through the directed efforts of humans or the removal or treatment of a contaminant in ground water through management practice or the construction of barriers, trenches and other similar facilities for prevention of contamination, as well as the use of natural processes such as ground water recharge, natural decay and chemical or biological decomposition. (2) "Contaminant" means any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance which does not occur naturally in ground water or which naturally occurs at a lower concentration. (3) "Contamination" means the direct or indirect introduction into ground water of any contaminant caused in whole or in part by human activities. (4) "Ground water" means any water of the state which occurs beneath the surface of the earth in a saturated geological formation of rock or soil. (5) "Ground water quality plan" or "ground water quality protection plan" means the Idaho ground water quality plan adopted by the legislature in section 1, chapter 310, laws of 1992, and in section 1, chapter 273, laws of 1995.  History: [39-121, added 1989, ch. 421, sec. 2, p. 1029; am. 2000, ch. 132, sec. 29, p. 339.]
ID Code § 39-127 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-127 - APPLICATION OF FERTILIZERS AND PESTICIDES.

39-127. APPLICATION OF FERTILIZERS AND PESTICIDES. No person shall be liable for ground water contamination resulting from the application of fertilizers or pesticides if the person applies a fertilizer according to generally accepted agronomic practices, or applies a pesticide product registered under the federal insecticide, fungicide, rodenticide act according to label requirements, including precautionary statements, of the U.S. environmental protection agency, and such application of the pesticide or fertilizer is otherwise done with the proper equipment required by law, is without negligence and is in accordance with state laws.  History: [39-127, added 1989, ch. 421, sec. 2, p. 1033.]
ID Code § 39-129 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-129 - APPLICABILITY — DEFINITION OF LOCAL GOVERNMENT AND MANDATES — AUTHORIZATION FOR LOCAL GOVERNMENT AGREEMENTS — ADOPTION OF RULES — ESTABLISHMENT OF SCHEDULES — PRIORITY OF CONSIDERATIONS — REPORT AND RECOMMENDATIONS.

39-129. APPLICABILITY — DEFINITION OF LOCAL GOVERNMENT AND MANDATES — AUTHORIZATION FOR LOCAL GOVERNMENT AGREEMENTS — ADOPTION OF RULES — ESTABLISHMENT OF SCHEDULES — PRIORITY OF CONSIDERATIONS — REPORT AND RECOMMENDATIONS. (1) The provisions of this section shall apply to local governments providing drinking water, municipal waste disposal, municipal sewage or waste water disposal or treatment, or air pollution abatement, which can demonstrate to the satisfaction of the department that increasing and cumulative regulatory requirements applicable to such services cannot be met in a timely and reasonable manner. The provisions of the section do not apply where prohibited by federal or state laws or regulations for the protection of human health and the environment. (2) For purposes of this section the term "local government" means the government of a county or incorporated city, and the term "federal mandates" means those requirements arising from federal statutes or subsequent regulations administered by the United States environmental protection agency. (3) The department is hereby authorized to enter into agreements with local governments. The agreement may include a binding schedule enforceable under this chapter for the improvement, modification, construction, or other actions, necessary in order for the local government to come into compliance as expeditiously as practicable with human health and environmental protection statutes and rules stemming from federal mandates. (4) The department may propose, and the board adopt, rules necessary for the implementation of this section. (5) In establishing any local government agreement schedule, the term of the agreement shall not exceed fifteen (15) years, although successive agreements may be entered into. All agreements must be signed by the director or his designee and the mayor of the city or county commissioners of the county, as appropriate. All agreements are enforceable as orders under the provisions of this chapter. (6) Agreements and schedules entered into under this act shall take into account, in descending priority the: (a) Protection of public health; (b) Protection of the environment; (c) Current tax structure and rates as compared to other local governments; (d) Ability of the local government to pay for costs of compliance; (e) Current fiscal obligations of the local government; (f) Other factors as determined by the department or the board.  History: [39-129, added 1994, ch. 162, sec. 2, p. 370; am. 2000, ch. 132, sec. 32, p. 341.]
ID Code § 39-130 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-130 - REMOVAL — REMEDIATION — BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY.

39-130. REMOVAL — REMEDIATION — BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY. Notwithstanding any other provision of law to the contrary, removal and remediation actions in or related to any operable unit of the Bunker Hill mining and metallurgical complex superfund facility performed by or on behalf of the department of environmental quality shall not constitute public works pursuant to chapter 57, title 67, Idaho Code, chapter 19, title 54, Idaho Code, or any other provision of Idaho Code. In the letting and oversight of contracts for such removal or remediation actions, bonding of contractors may be required. The administrator of the division of waste management and remediation, department of environmental quality, and the director of the department of environmental quality, shall have the authority of the administrator of the division of purchasing, department of administration, and the director of the department of administration, respectively, in requiring open competitive bidding pursuant to chapter 92, title 67, Idaho Code, and any relevant rules of the department of administration.  History: [39-130, added 2007, ch. 123, sec. 1, p. 373; am. 2016, ch. 289, sec. 11, p. 812.]