reglab/housing_qa huggingface dataset:
ID Code § 39-171 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-171 - LEGISLATIVE FINDINGS AND PURPOSE.

39-171. LEGISLATIVE FINDINGS AND PURPOSE. The legislature of the state of Idaho finds that: (1) Wood and mill yard debris is a byproduct of wood processing and manufacturing; and (2) If properly managed, wood and mill yard debris can be put to uses that have economic and environmental benefits; and (3) There is a need for guidance about how to manage, store, use or dispose of wood and mill yard debris so that nuisance and adverse environmental impacts are minimized; and (4) This guidance will enable the department and local units of government to more effectively regulate the use or disposal of wood and mill yard debris. The purpose of sections 39-171 through 39-174, Idaho Code, is to provide guidance for the sound use, storage, management and disposal of wood and mill yard debris by requiring the director of the department of environmental quality to appoint a committee to study the issues and to gather and disseminate information to persons and entities that deal with wood and mill yard debris.  History: [(39-171) 39-166, added 1996, ch. 204, sec. 1, p. 628; amended & redesig. 2001, ch. 103, sec. 15, p. 266.]
ID Code § 39-172 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-172 - DEFINITIONS.

39-172. DEFINITIONS. For purposes of sections 39-171 through 39-174, Idaho Code: (1) "Committee" means the wood and mill yard debris committee. (2) "Director" means the director of the Idaho department of environmental quality. (3) "Wood or mill yard debris" means solid wood, bark, or wood fiber generated from the process of manufacturing wood products that may include components of soil, rock, or moisture, and for which the use, management, storage or final disposition is approved pursuant to sections 39-171 through 39-174, Idaho Code.  History: [(39-172) 39-167, added 1996, ch. 204, sec. 2, p. 628; amended & redesig. 2001, ch. 103, sec. 16, p. 267.]
ID Code § 39-173 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-173 - COMMITTEE — MEMBERS — TERMS.

39-173. COMMITTEE — MEMBERS — TERMS. As needed, to fulfill the duties described in section 39-174, Idaho Code, the director may appoint a committee that consists of seven (7) individuals and includes: (1) One (1) representative of the department of environmental quality, who will provide administrative and other support to the committee. (2) Two (2) representatives of the public health districts which have mill yard or wood debris within their districts. (3) Two (2) representatives from industries generating wood or mill yard debris. (4) Two (2) members with demonstrated technical knowledge important to the work of the committee. Committee members shall be appointed to serve three (3) year terms. No member may serve more than two (2) full terms. Members serve at the pleasure of the director. Members of the committee shall serve without compensation pursuant to section 59-509(a), Idaho Code.  History: [(39-173) 39-168, added 1996, ch. 204, sec. 3, p. 628; amended & redesig. 2001, ch. 103, sec. 17, p. 267; am. 2013, ch. 16, sec. 1, p. 26.]
ID Code § 39-174 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-174 - COMMITTEE DUTIES — MEETINGS.

39-174. COMMITTEE DUTIES — MEETINGS. The committee’s duties shall include: (1) Developing a manual providing guidance for the use, storage, management and disposal of wood or mill yard debris to prevent public nuisances and minimize or prevent harmful environmental impacts. Guidance provided by the manual may be incorporated or adopted by reference in the rules of the department or other appropriate state agencies. (2) Considering and developing specific solutions to unforeseen wood or mill yard debris use, storage, management or disposal as needed. (3) Developing and sharing knowledge related to the use, storage, management and disposal of wood or mill yard debris including ways to constructively use or reclaim the debris. (4) Making recommendations for any necessary permits, rules or legislation related to the use, storage, management or disposal of wood or mill yard debris. The committee shall meet on an as needed basis to implement the purpose of sections 39-171 through 39-174, Idaho Code. A committee member or member of the public may request a meeting by sending a written request to the department describing the reason for the meeting, or the department may schedule a meeting at the discretion of the director. Upon receiving the request, the department shall contact all committee members and arrange a time and place most convenient to the majority of the members. Meetings may be conducted using telephonic devices or other methods that allow adequate communication among members.  History: [(39-174) 39-169, added 1996, ch. 204, sec. 4, p. 629; amended & redesig. 2001, ch. 103, sec. 18, p. 267; am. 2013, ch. 16, sec. 2, p. 27.]
ID Code § 39-175A (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-175A - LEGISLATIVE FINDINGS AND PURPOSES.

39-175A. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature finds: (a) That navigable waters within the state are one of the state’s most valuable natural resources; (b) That it is in the public interest to promote effective and efficient regulation of the discharge of pollutants into navigable waters, and that the state should control such permitting decisions as authorized under the federal clean water act; (c) That the clean water act allows a state to develop and implement, with approval from the United States environmental protection agency, a national pollutant discharge elimination system (NPDES) program to be administered by the state; (d) That the clean water act, as amended, and regulations adopted pursuant thereto, establishes complex and detailed provisions for regulation of those who discharge pollutants into navigable waters; (e) That a state program to implement permitting decisions as authorized in the clean water act, and regulations adopted pursuant thereto, may enable the state to issue flexible permits consistent with the clean water act and avoid the existence of duplicative, overlapping or conflicting state and federal regulatory and enforcement processes; (f) That a state program must be run with a minimum of federal interference in permitting, inspection and enforcement activities and that all state permitting actions under the approved state program are to be state actions and are not subject to consultation under the endangered species act or analysis under the provisions of the national environmental policy act. There should be no conditions of approval of the state program that have the effect of undermining or circumventing these principles; (g) That the decision to accept delegation of authority from the environmental protection agency to operate an NPDES program has significant public policy implications that should be made by the legislature. (2) Therefore, it is the intent of the legislature to establish requirements that must be satisfied prior to legislative approval of a permitting program that complies with the clean water act and incorporates flexible permitting procedures and rules to be promulgated by the board.  History: [39-175A, added 2005, ch. 57, sec. 1, p. 211; am. 2014, ch. 40, sec. 3, p. 96.]
ID Code § 39-175B (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-175B - RELATIONSHIP BETWEEN STATE AND FEDERAL LAW.

39-175B. RELATIONSHIP BETWEEN STATE AND FEDERAL LAW. The legislature cannot conveniently or advantageously set forth in this chapter all the requirements of all of the regulations which have been or will be established under the clean water act. However, any state permitting program must avoid the existence of duplicative, overlapping or conflicting state and federal regulatory systems. Further, the board may promulgate rules to implement a state permitting program but such rules shall not impose conditions or requirements more stringent or broader in scope than the clean water act and regulations adopted pursuant thereto. Further, the department will not require Idaho pollutant discharge elimination system (IPDES) permits for activities and sources not required to have permits by the United States environmental protection agency.  History: [39-175B, added 2005, ch. 57, sec. 1, p. 212; am. 2018, ch. 22, sec. 4, p. 36.]
ID Code § 39-175C (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-175C - APPROVAL OF IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM.

39-175C. APPROVAL OF IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM. (1) The department is authorized to implement an Idaho pollutant discharge elimination system (IPDES) program consistent with the requirements of this section. The program shall not include the authority to issue permits for any discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel. This exclusion does not apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to other discharges when the vessel is operating in a capacity other than as a means of transportation, such as when used as an energy or mining facility, a storage facility or a seafood processing facility, or when secured to a storage facility or a seafood processing facility or when secured to the bed of a lake or river, contiguous zone or waters of the United States for the purpose of mineral or oil exploration or development. (2) The board is authorized to proceed with negotiated rulemaking and all other actions necessary to maintain approval of the IPDES program by the United States environmental protection agency including rules authorizing the collection of reasonable fees for processing and implementing an IPDES permit program. Such fees shall not be assessed or collected unless the state maintains an approved IPDES program consistent with the requirements of this section. (3) Any memorandum of agreement negotiated by the director to maintain approval to operate an IPDES program shall be binding on the state of Idaho upon enactment of this statute.  (4) Implementation of the IPDES program shall not occur prior to statutory enactment of implementing legislation and authorization of a memorandum of agreement as specified in subsection(3) of this section. (5) The director, as appropriate, shall establish agreements with other state agencies with expertise to administer the IPDES program. (6) No provision of this chapter shall be interpreted as to supersede, abrogate, injure or create rights to divert or store water and apply water to beneficial uses established under section 3, article XV, of the constitution of the state of Idaho, and title 42, Idaho Code. (7) Nothing in this section is intended to supersede any existing agreements between federal, state or local agencies regarding authority over inspections, enforcement or other obligations under the clean water act.  History: [39-175C, added 2005, ch. 57, sec. 1, p. 212; am. 2014, ch. 40, sec. 4, p. 96; am. 2018, ch. 22, sec. 5, p. 37.]
ID Code § 39-175D (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-175D - IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT DECISIONS AND APPEAL OF DECISIONS.

39-175D. IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT DECISIONS AND APPEAL OF DECISIONS. (1) Prior to making a final decision regarding Idaho pollutant discharge elimination system (IPDES) permits authorized by sections 39-175A through 39-175C, Idaho Code, the department shall provide the public notice and an opportunity to comment on the department’s tentative decision. The department shall develop an administrative record that shall, at a minimum, include the tentative decision, all comments received, the department’s response to comments and the basis for the department’s decision. The decision-making process and the final decision with respect to IPDES permits shall not be subject to the contested case provisions set forth in chapter 52, title 67, Idaho Code. (2) Notwithstanding any other provision of law, including without limitation, chapter 52, title 67, Idaho Code, the exclusive means of appealing the department’s final decision regarding an IPDES permit shall be as set forth in this section and in rules authorized by this section and sections 39-175A through 39-175C, Idaho Code. Any person aggrieved by the department’s final decision regarding an IPDES permit may appeal that decision. The appeal of the decision shall be heard by a hearing officer appointed by the director from a pool of hearing officers approved by the board. Hearing officers should be persons with technical expertise or experience in the issues presented in appeals. All appeals shall be based solely on the record developed by the department as required by subsection (1) of this section and the rules adopted by the board, and no further or additional evidence may be presented except as provided in rules adopted by the board. (3) No person, including the director and hearing officer, who has or shares authority to approve all or portions of IPDES permits either in the first instance, as modified or reissued, or on appeal, shall have a conflict of interest as defined in 40 CFR 123.25(c). (4) Any person aggrieved by a final determination of the hearing officer regarding an IPDES permit may secure judicial review by filing a petition for review as prescribed under the rules adopted by the board and the provisions of chapter 52, title 67, Idaho Code. The petition for review shall be served upon the hearing officer, the director of the department and the attorney general. Such service shall be jurisdictional, and the provisions of this section shall be the exclusive procedure for appeal. (5) The board shall adopt rules consistent with the provisions of this section.  History: [39-175D, added 2016, ch. 128, sec. 1, p. 373.]
ID Code § 39-175E (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-175E - IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM INVESTIGATION, INSPECTION AND ENFORCEMENT AUTHORITIES.

39-175E. IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM INVESTIGATION, INSPECTION AND ENFORCEMENT AUTHORITIES. (1) All investigation, inspection and enforcement authorities and requirements set forth in the environmental protection and health act, sections 39-101 through 39-130, Idaho Code, shall be available to the department and shall apply with respect to the Idaho pollutant discharge elimination system (IPDES) program. Such authorities include, without limitation, the authorities in sections 39-108, 39-109 and 39-117, Idaho Code, which shall be available to the department to conduct investigations, inspections and enforcement relating to violations of the rules, permits, requirements or orders issued or adopted pursuant to sections 39-175A through 39-175E, Idaho Code. (2) The department is further authorized to enforce, through the authorities provided in this section, pretreatment standards, including local limits, developed and adopted by publicly owned treatment works, as required by 40 CFR 403.10(f)(1)(iv).  History: [39-175E, added 2016, ch. 128, sec. 2, p. 374.]
ID Code § 39-175F (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-175F - IPDES PROGRAM FUND ESTABLISHED.

39-175F. IPDES PROGRAM FUND ESTABLISHED. (1) There is hereby created in the state treasury a fund to be known as the "IPDES Program Fund," which shall consist of all moneys received from fees collected from facilities obtaining an Idaho pollutant discharge elimination system (IPDES) permit or coverage under a general permit pursuant to section 39-175C(2), Idaho Code, and the rules promulgated pursuant thereto. Such fees shall be collected by the department and shall be paid into the IPDES program fund, which is hereby established, reserved, set aside, appropriated and made available until expended, used and administered consistent with this section. (2) All moneys deposited in the IPDES program fund and all interest earned thereon shall be kept in the IPDES program fund and shall be expended pursuant to appropriation for the costs and expenses incurred by the department in performing the duties and the exercise of its powers in carrying out the IPDES program including, but not limited to, compliance, training, technical, legal and administrative support and proceedings necessary for implementing the program required under the IPDES program as provided in this chapter. (3) Pending such expenditure and use, surplus moneys in the IPDES program fund established in this section shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest earned on all such investments shall be paid into the IPDES program fund.  History: [39-175F, added 2018, ch. 22, sec. 6, p. 37.]
ID Code § 39-176A (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-176A - LEGISLATIVE FINDINGS.

39-176A. LEGISLATIVE FINDINGS. The legislature finds that: (1) A domestic supply of phosphate fertilizers is critical to our nation’s food security and Idaho’s agricultural economy; (2) The production of phosphoric acid is a key ingredient in phosphate fertilizers and, given Idaho’s rich supply of phosphate rock, the state is home to phosphoric acid production facilities; (3) Phosphogypsum is a calcium sulfate by-product produced by the reaction of sulfuric acid with phosphate rock to produce phosphoric acid and is disposed of and placed in phosphogypsum stacks near phosphoric acid production facilities; (4) The United States congress and the environmental protection agency exempted certain high-volume, low-toxicity solid wastes, including phosphogypsum and process water from phosphoric acid production, from regulation as a hazardous waste under subtitle C of the resource conservation and recovery act (42 U.S.C. 6901 et seq.), as amended; and (5) To both facilitate and encourage the continued manufacturing of phosphate fertilizers, and to benefit the surface water and groundwater environmental resources, the legislature recognizes the need for proper design and construction of phosphogypsum stacks and phosphogypsum stack systems.  History: [39-176A, added 2020, ch. 51, sec. 1, p. 120; am. 2021, ch. 246, sec. 1, p. 763.]
ID Code § 39-176B (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-176B - SCOPE AND APPLICABILITY.

39-176B. SCOPE AND APPLICABILITY. (1) Nothing in this chapter shall be construed as superseding, amending, or modifying the mineral processing waste exemption provided in 40 CFR 261.4(b)(7) and IDAPA 58.01.05.005, for process wastewater and phosphogypsum from phosphoric acid production. (2) Nothing in this chapter is intended to supersede or modify any existing or future agreement with or approvals from the environmental protection agency or the department of environmental quality relating to the construction of a phosphogypsum stack, phosphogypsum stack system, or component thereof. (3) The requirements in sections 42-1710 through 42-1721, Idaho Code, shall not apply to phosphogypsum stacks and phosphogypsum stack systems. (4) This chapter establishes and clarifies minimum design and construction requirements to ensure that phosphogypsum stack system impoundments meet critical safety standards and do not cause unplanned releases into the environment.  History: [39-176B, added 2020, ch. 51, sec. 2, p. 120; am. 2021, ch. 246, sec. 2, p. 763.]
ID Code § 39-176C (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH|Section 39-176C - DEFINITIONS.

39-176C. DEFINITIONS. Wherever used or referred to in sections 39-176A through 39-176F, Idaho Code, unless a different meaning clearly appears from the context: (1) "Auxiliary holding pond" (AHP) means a lined storage pond typically used to hold process wastewater for the purpose of increasing system storage above that otherwise provided by a collection pond or ponds. (2) "Board" means the Idaho board of environmental quality. (3) "Intermediate liner" means a liner placed on top of an existing lined or unlined phosphogypsum stack to allow continued use of the existing phosphogypsum stack. (4) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing phosphogypsum stack system. (5) "Leachate" means liquid or drainable pore water that has passed through or emerged from phosphogypsum and that may be collected within the phosphogypsum stack system or in a seepage collection drain. (6) "Operator" means any person or persons, any partnership, limited partnership, corporation, or any association of persons, either natural or artificial, that own, control, or direct the management of a phosphogypsum stack. (7) "Phosphogypsum" means calcium sulfate and by-products produced by the reaction of an acid, such as sulfuric acid or fluoride acid, with phosphate rock to produce phosphoric acid. (8) "Phosphogypsum stack" means any defined geographic area associated with a phosphoric acid production facility in which phosphogypsum and process wastewater from phosphoric acid production are disposed of or stored, other than within a fully enclosed building, container, or tank. (9) "Phosphogypsum stack system" means the defined geographic area associated with the phosphoric acid production facility in which phosphogypsum and process wastewater are disposed of or stored together, including pumps, piping, ditches, drainage, conveyances, water control structures, collection ponds, cooling ponds, decant ponds, surge ponds, auxiliary holding ponds, and any other collection or conveyance system associated with the transport of phosphogypsum from the plant to the phosphogypsum stack, its management at the stack, and the process wastewater return to phosphoric acid production to the phosphogypsum stack. This includes toe drain systems and ditches and other leachate collection systems, but does not include conveyances within the confines of the fertilizer production plant or emergency diversion impoundments used in emergency circumstances caused by power outages or rainfall events. (10) "Phosphogypsum stack system component" means collection ponds, cooling ponds, decant ponds, surge ponds, and auxiliary holding ponds. (11) "Process wastewater" means process wastewater from phosphoric acid production operations.  History: [39-176C, added 2020, ch. 51, sec. 3, p. 120; am. 2021, ch. 246, sec. 3, p. 763.]