reglab/statecodes huggingface dataset:
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-176F - PLAN — APPROVAL OR REJECTION BY DEPARTMENT.

39-176F. PLAN — APPROVAL OR REJECTION BY DEPARTMENT. (1) Upon receipt by the department of environmental quality of a design and construction plan submitted by an operator, the department shall have ninety (90) days to review the plan.
(2) Upon determination by the department that a design and construction plan submitted by an operator meets the requirements of this section, the department shall deliver to the operator, in writing, a notice of approval of such plan, and thereafter said plan shall govern and determine the nature and extent of the obligations of the operator for compliance with sections 39-176A through 39-176F, Idaho Code, with respect to the phosphogypsum stack system for which the plan was submitted.
(3) If the department determines that a design and construction plan fails to fulfill the requirements of this section, it shall deliver to the operator, in writing, a notice of rejection of the plan and shall set forth in said notice of rejection the reasons for such a finding. Upon receipt of said notice of rejection, the operator may submit amended plans within forty-five (45) days. The department shall have sixty (60) days to review an amended plan. Upon further determination by the department that the amended plan does not fulfill the provisions of sections 39-176A through 39-176F, Idaho Code, it shall deliver to the operator, in writing, a notice of rejection of the amended plan in the same manner as provided for rejection of the original plan.
(4) A notice of rejection may be appealed by the operator to the board.
(5) The time periods in this section may be adjusted if agreed to by both the department and the operator.
(6) A construction completion report shall be submitted to the department within ninety (90) days of completion of construction activities. The report shall include final record drawings and conformance of construction to the approved design and construction plan, including construction quality control plans for phosphogypsum stack components.
(7) The operator shall pay the following fees for the department review and approval of plans and associated documents required by this section:
(a) Fifteen thousand dollars ($15,000) for a review of a new phosphogypsum stack system;
(b) Ten thousand dollars ($10,000) for a review of a horizontal or vertical phosphogypsum expansion;
(c) Five thousand dollars ($5,000) for a review of the placement of an intermediate liner; and
(d) Two thousand five hundred dollars ($2,500) for a review of a phosphogypsum stack component.
History:
[39-176F, added 2020, ch. 51, sec. 6, p. 122; am. 2021, ch. 246, sec. 6, p. 767.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-242 - DUTIES OF DIRECTOR.

39-242. DUTIES OF DIRECTOR. The director shall:
(a) Establish a vital statistics unit with suitable offices properly equipped for the preservation of its official records;
(b) Install statewide system of vital statistics;
(c) Supervise and require the enforcement of this chapter and the regulations of the board made pursuant thereto. The board is authorized to adopt, amend and repeal regulations for the purpose of carrying out the provisions of this chapter, in accordance with chapter 52, title 67, Idaho Code.
History:
[39-242, added 1949, ch. 72, sec. 2, p. 117; am. 1974, ch. 23, sec. 62, p. 633; am. 1983, ch. 7, sec. 3, p. 26.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-243 - STATE REGISTRAR OF VITAL STATISTICS.

39-243. STATE REGISTRAR OF VITAL STATISTICS. The director shall designate and appoint a state registrar of vital statistics who shall be qualified in accordance with the standards prescribed by law or regulations of the board. Compensation shall be fixed in the same manner as the salary of other employees of the department.
History:
[39-243, added 1949, ch. 72, sec. 3, p. 117; am. 1974, ch. 23, sec. 63, p. 633; am. 1983, ch. 7, sec. 4, p. 26.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-244 - DUTIES OF STATE REGISTRAR.

39-244. DUTIES OF STATE REGISTRAR. The state registrar, under the direction of the director, shall:
(a) Have charge of the vital statistics unit;
(b) Be official custodian of all its files and records;
(c) Perform the duties prescribed by law and the regulations of the board;
(d) Have supervisory power over local vital statistics registration and local registration officers;
(e) Enforce this chapter and regulations of the board; and
(f) Have the authority to delegate portions of the vital records responsibility to the duly appointed local registrar(s).
History:
[39-244, added 1949, ch. 72, sec. 4, p. 117; am. 1974, ch. 23, sec. 64, p. 633; am. 1983, ch. 7, sec. 5, p. 26.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-245 - CERTIFICATE FORMS.

39-245. CERTIFICATE FORMS. The form of certificates used under the provisions of this chapter shall be prescribed by the director and shall include as a minimum the items required by the respective standard certificates as recommended by the national agency in charge of vital statistics; provided, however, that the provisions of section 39-1005, Idaho Code, shall be given effect on a certificate to which that section is applicable.
History:
[39-245, added 1949, ch. 72, sec. 5, p. 117; am. 1974, ch. 23, sec. 65, p. 633; am. 1983, ch. 7, sec. 6, p. 27.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-246 - LOCAL REGISTRATION DISTRICTS.

39-246. LOCAL REGISTRATION DISTRICTS. The director shall establish registration districts and change the boundaries of the same from time to time which shall conform to political subdivisions, or combinations or parts thereof.
History:
[39-246, added 1949, ch. 72, sec. 6, p. 117; am. 1974, ch. 23, sec. 66, p. 633.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-247 - LOCAL REGISTRATION OFFICERS.

39-247. LOCAL REGISTRATION OFFICERS. The state registrar shall appoint local registration officers for such registration districts as are established by the director. Such local registration officers shall meet the qualifications fixed by the board, and shall perform such duties as are required by the chapter and the regulations of the board.
History:
[39-247, added 1949, ch. 72, sec. 7, p. 117; am. 1983, ch. 7, sec. 7, p. 27.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-248 - OTHER EMPLOYEES.

39-248. OTHER EMPLOYEES. The director shall provide such assistants as the vital statistics unit may require and determine the compensation and duties of persons thus employed.
History:
[39-248, added 1949, ch. 72, sec. 8, p. 117; am. 1974, ch. 23, sec. 67, p. 633; am. 1983, ch. 7, sec. 8, p. 27.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-249 - TRANSMITTAL OF CERTIFICATES AND LOCAL RECORDS.

39-249. TRANSMITTAL OF CERTIFICATES AND LOCAL RECORDS. Local registration officers shall transmit all certificates filed with them to the state registrar in accordance with the regulations of the board. Complete and accurate copies of all certificates shall be made by the local registrar for local records purposes.
History:
[39-249, added 1949, ch. 72, sec. 9, p. 117; am. 1983, ch. 7, sec. 9, p. 27.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-251 - COMPENSATION OF LOCAL REGISTRARS.

39-251. COMPENSATION OF LOCAL REGISTRARS. Each local registrar shall be paid a fee to be established by regulations adopted by the board, for:
(a) each certificate returned by the local registrar to the state registrar in accordance with the provisions of this chapter and the regulations of the board; and
(b) each report of no certificate filed during any calendar month. The board may establish a graduated scale for the payment of fees to local registrars, either by limiting the aggregate amount of fees to be paid or by graduating the fees according to the number of registrations.
History:
[(39-251) 1949, ch. 72, sec. 12, p. 117; am. and redesignated 1983, ch. 7, sec. 11, p. 29.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-252 - FEE FOR COPIES, SEARCHES AND OTHER SERVICES — DEATH CERTIFICATES.

39-252. FEE FOR COPIES, SEARCHES AND OTHER SERVICES — DEATH CERTIFICATES. (1) The state registrar shall be entitled to receive a fee of thirteen dollars ($13.00) for the making of certified copies of records or for a search of the files when no copies are made, provided that the national agency in charge of vital statistics may obtain copies or certifications of data from records without payment of fees, provided that the state incurs no expense in connection therewith. The fee shall be reviewed by the board of health and welfare, and future changes in the fee and enactment of fees for other services shall be established by rules adopted by the board.
(2) For each certified copy of a death certificate there shall be charged an additional fee of one dollar ($1.00) to be deposited in the state treasurer’s local government investment pool, a fund hereby created for the Idaho state association of county coroners. Such moneys shall be used for the training of newly elected coroners and for the continuing education of county coroners and their deputies.
History:
[(39-252) 39-253 added 1949, ch. 72, sec. 13, p. 117; am. 1970, ch. 2, sec. 1, p. 4; am. 1981, ch. 200, sec. 1, p. 353; am. & redesig. 1983, ch. 7, sec. 12, p. 29; am. 2010, ch. 355, sec. 1, p. 932.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-253 - ACCOUNTING FOR FEES.

39-253. ACCOUNTING FOR FEES. Fees received from the certifications of such records, from a search of the files or for other services shall be accounted for as prescribed by the state controller.
History:
[(39-253) 1949, ch. 72, sec. 14, p. 117; am. 1974, ch. 23, sec. 68, p. 633; am. 1976, ch. 51, sec. 8, p. 175; am. and redesignated 1983, ch. 7, sec. 13, p. 29; am. 1994, ch. 180, sec. 71, p. 474.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-254 - PAYMENT OF FEES TO LOCAL REGISTRATION OFFICERS.

39-254. PAYMENT OF FEES TO LOCAL REGISTRATION OFFICERS. All amounts payable to local registrars under the provisions of this chapter shall be paid by the respective treasurers of the incorporated city or county in which the registration district is situated out of the general fund of such incorporated city or county, upon certification by the state registrar. The state registrar shall certify to the auditors of the various counties and cities, not less than semiannually, or at such other regular times as may be deemed expedient, the names of the local registrars and the amounts due each at the rates fixed by the board by regulations promulgated pursuant to section 39-251, Idaho Code.
History:
[(39-254) 1949, ch. 72, sec. 15, p. 117; am. and redesignated 1983, ch. 7, sec. 14, p. 29.]