reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3616 - DUTIES OF EACH WATERSHED ADVISORY GROUP.

39-3616. DUTIES OF EACH WATERSHED ADVISORY GROUP. Each watershed advisory group shall generally be responsible for recommending those specific actions needed to control point and nonpoint sources of pollution within the watershed so that, within reasonable periods of time, designated beneficial uses are fully supported and other state water quality plans are achieved. Watershed advisory groups shall, as described in this chapter, consult with the director and participate in the development of each TMDL and any supporting subbasin assessment for water bodies within the watershed, and shall develop and recommend actions needed to effectively control sources of pollution. In carrying out the provisions of this section, the director and the watershed advisory groups shall employ all means of public involvement deemed necessary or required in chapter 52, title 67, Idaho Code, and shall cooperate fully with the public involvement or planning processes of other appropriate public agencies.
History:
[39-3616, added 1995, ch. 352, sec. 1, p. 1175; am. 1997, ch. 279, sec. 8, p. 835; am. 2005, ch. 334, sec. 4, p. 1052.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3617 - DESIGNATION OF OUTSTANDING RESOURCE WATERS.

39-3617. DESIGNATION OF OUTSTANDING RESOURCE WATERS. Any person may request, in writing to the board of environmental quality, that a stream segment may be considered for designation as an outstanding resource water. The board shall recommend to the legislature those stream segments the board proposes for designation as outstanding resource waters. The legislature shall determine by law which such stream segments to designate as outstanding resource waters. Stream segments so designated shall be included in a list of outstanding resource waters to be compiled and updated by the department of environmental quality in its rules governing water quality standards. Interim status or special protection shall not be provided to streams recommended by the board prior to legislative designation as an outstanding resource water. No state agency shall delay actions, or deny or delay the processing or approval of any permit for a nonpoint source activity based on nomination of a segment for designation as an outstanding resource water, or while the legislature is considering such designation.
History:
[39-3617, added 1995, ch. 352, sec. 1, p. 1175; am. 2001, ch. 103, sec. 33, p. 279.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3618 - RESTRICTION PROVISIONS FOR NEW NONPOINT SOURCE ACTIVITIES ON OUTSTANDING RESOURCE WATERS.

39-3618. RESTRICTION PROVISIONS FOR NEW NONPOINT SOURCE ACTIVITIES ON OUTSTANDING RESOURCE WATERS. No person shall conduct a new or substantially modify an existing nonpoint source activity that can reasonably be expected to lower the water quality of an outstanding resource water, except for short-term or temporary nonpoint source activities which do not alter the essential character or special uses of a segment, issuance of water rights permits or licenses, allocation of water rights, or operation of water diversions or impoundments.
History:
[39-3618, added 1995, ch. 352, sec. 1, p. 1176.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3619 - CONTINUATION PROVISIONS FOR EXISTING ACTIVITIES ON OUTSTANDING RESOURCE WATERS.

39-3619. CONTINUATION PROVISIONS FOR EXISTING ACTIVITIES ON OUTSTANDING RESOURCE WATERS. Existing activities may continue and shall be conducted in a manner that maintains and protects the current water quality of an outstanding resource water. The provisions of this section shall not affect short-term or temporary activities that do not alter the essential character or special uses of a segment, allocation of water rights, or operations of water diversions or impoundments, provided that such activities shall be conducted in conformance with applicable laws and regulations.
History:
[39-3619, added 1995, ch. 352, sec. 1, p. 1176.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3621 - MONITORING PROVISIONS.

39-3621. MONITORING PROVISIONS. The designated agencies, in cooperation with the appropriate land management agency and the department shall ensure best management practices are monitored for their effect on water quality. The monitoring results shall be presented to the department on a schedule agreed to between the designated agency and the department.
History:
[39-3621, added 1995, ch. 352, sec. 1, p. 1177.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3622 - ENFORCEMENT PROVISIONS.

39-3622. ENFORCEMENT PROVISIONS. (1) The designated agency shall ensure that the approved outstanding resource water best management practices are implemented for new nonpoint source activities. If a person fails to obtain approval from a designated agency for a new nonpoint source activity as set forth in section 39-3620, Idaho Code, or if a person fails to implement approved best management practices and water quality is lowered, the designated agency may institute a civil action for an immediate injunction to halt the activity or pursue other remedies provided by law.
(2) Nothing in this act shall restrict the enforcement authority of the department or designated agencies as provided by law.
History:
[39-3622, added 1995, ch. 352, sec. 1, p. 1177.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3623 - EFFECT OF RULES.

39-3623. EFFECT OF RULES. Every rule promulgated within the authority conferred in sections 39-3617 through 39-3622, Idaho Code, shall be of temporary effect and shall become permanent only by enactment of statute at the first regular session following adoption of the rule. Rules not approved in the above manner shall be rejected, null, void and of no force and effect on July 1, following submission of the rules to the legislature.
(1) The rules promulgated within the authority conferred in this act and adopted by the board of health and welfare on January 31, 1990, and contained in IDAPA 16.01.2003,31 and 16.01.2003,32 and 16.01.2053,01 through 16.01.2053,07, are hereby approved by the legislature.
(2) The rules promulgated within the authority conferred in this act and adopted by the board of environmental quality on November 10, 2010, and contained in IDAPA 58.01.02.010, 58.01.02.051 and 58.01.02.052, and on November 19, 2014, and contained in IDAPA 58.01.02.060 and 58.01.02.010 are hereby approved by the legislature. A mixing zone approved by the department shall be subject to the applicable laws and rules for mixing zones in effect at the time it is approved and such mixing zone shall remain effective until the applicable permit is renewed or modified.
History:
[39-3623, added 1995, ch. 352, sec. 1, p. 1177; am. 2011, ch. 116, sec. 4, p. 325; am. 2015, ch. 98, sec. 1, p. 239.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3624 - DECLARATION OF POLICY — DESIGNATION OF DIRECTOR.

39-3624. DECLARATION OF POLICY — DESIGNATION OF DIRECTOR. The legislature, recognizing that water is one of the state’s most valuable natural resources, has adopted water quality and public drinking water standards and authorized the director of the department of environmental quality to implement these standards. In order to provide and maintain maximum water quality in the state for domestic, industrial, agricultural (irrigation and stockwatering), mining, manufacturing, electric power generation, municipal, fish culture, artificial ground water recharge, transportation and recreational purposes and to provide safe drinking water to the public at the earliest possible date, and to conform to the expressed intent of congress to abate pollution of ground waters, streams and lakes and to provide safe drinking water to the public, the legislature declares the purpose of this chapter is to enhance and preserve the quality and value of the water resources of the state of Idaho and to assist in the prevention, control, abatement and monitoring of water pollution. In consequence of the benefits resulting to the public health, welfare and economy it is hereby declared to be the policy of the state of Idaho to protect this natural resource and to provide safe drinking water to the public by assisting in monitoring, preventing and controlling water pollution; to support and aid technical and planning research leading to the prevention and control of water pollution; to provide financial and technical assistance to municipalities and other agencies in the abatement and prevention of water pollution; and to provide financial and technical assistance to community water systems and nonprofit noncommunity water systems. The director of the department of environmental quality shall administer this chapter and nothing herein shall be construed as impairing or in any manner affecting the statutory authority or jurisdiction of municipalities in providing domestic water, sewage collection and treatment.
History:
[(39-3624) 1970, ch. 87, sec. 1, p. 211; am. 1974, ch. 23, sec. 153, p. 633; am. 1980, ch. 208, sec. 1, p. 474; am. 1987, ch. 174, sec. 1, p. 343; am. and redesig. 1995, ch. 352, sec. 8, p. 1182; am. 1999, ch. 137, sec. 9, p. 394; am. 2000, ch. 53, sec. 1, p. 103; am. 2001, ch. 103, sec. 35, p. 280.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3628 - WATER POLLUTION CONTROL FUND ESTABLISHED.

39-3628. WATER POLLUTION CONTROL FUND ESTABLISHED. There is hereby created and established in the state treasury a separate fund to be known as the water pollution control fund. The fund shall have paid into it:
1. The moneys provided for in section 63-3638, Idaho Code, that are paid over to the state treasurer shall be deposited to the credit of the water pollution control fund, and not to the credit of the state general fund;
2. All donations and grants from any source which may be used for the provisions of this act;
3. Any other funds which may hereafter be provided by law.
History:
[(39-3628) 1970, ch. 87, sec. 5, p. 211; am. 1987, ch. 174, sec. 4, p. 346; am. 1988, ch. 270, sec. 3, p. 899; am. and redesig. 1995, ch. 352, sec. 12, p. 1187; am. 2000, ch. 132, sec. 14, p. 329.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3628A - AGRICULTURAL BEST MANAGEMENT PRACTICES (BMP) FUND ESTABLISHED.

39-3628A. AGRICULTURAL BEST MANAGEMENT PRACTICES (BMP) FUND ESTABLISHED. (1) There is hereby created and established in the state treasury the agricultural best management practices (BMP) fund. The state treasurer shall invest the idle moneys of the account, and the interest earned on such investments shall be retained by the account. All moneys in the account are appropriated continuously to the department of environmental quality to be used and administered by it for the purposes specified in subsection (3) of this section and shall not be subject to the provisions of the standard appropriations act of 1945 or section 67-3516, Idaho Code.
(2) The fund shall have paid into it any gifts or grants from any source when the same are made for purposes consistent with those for which the fund is established, interest due to the investment of moneys in the account, or any other appropriation provided by the legislature.
(3) The department may expend or grant moneys from the agricultural best management practices (BMP) fund for a statewide grant program to support implementation of agricultural best management practices to help meet water quality standards in impaired water bodies in Idaho. The following are eligible for grants from the agricultural BMP fund:
(a) Agricultural producers;
(b) Organizations that provide irrigation water and drainage; and
(c) Soil conservation districts and other local public and private nonprofit organizations organized for the purpose of supporting agricultural BMP implementation. The department must ensure that such local organizations seeking funding for local agricultural BMP grant programs have sufficient knowledge, experience, and capability to conduct such programs and require that local agricultural BMP grants are subject to all the conditions and requirements of the statewide grant program.
(4) On or before the first day of each regular legislative session, the department must submit to the legislature a report of any moneys expended or obligated and any work begun or completed in the prior fiscal year pursuant to subsection (3) of this section.
History:
[39-3628A, added 2021, ch. 175, sec. 1, p. 487.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3629 - WASTEWATER FACILITY LOAN ACCOUNT ESTABLISHED.

39-3629. WASTEWATER FACILITY LOAN ACCOUNT ESTABLISHED. There is hereby created and established in the agency asset fund in the state treasury an account to be known as the wastewater facility loan account. Surplus moneys in the wastewater facility loan account shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury under section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the wastewater facility loan account. The account shall have paid into it:
1. Federal funds which are received by the state to provide for wastewater facility loans together with required state matching funds coming from a portion of the moneys in the water pollution control account as established in section 39-3628, Idaho Code;
2. All donations and grants from any source which may be used for the provisions of this section;
3. All principal and interest repayments of loans made pursuant to this chapter;
4. Fund transfers from the drinking water loan account; and
5. Any other moneys which may hereafter be provided by law.
History:
[(39-3629) 1987, ch. 174, sec. 5, p. 347; am. 1988, ch. 270, sec. 4, p. 900; am. and redesig. 1995, ch. 352, sec. 13, p. 1187; am. 1996, ch. 345, sec. 1, p. 1155; am. 1998, ch. 16, sec. 1, p. 114; am. 2014, ch. 59, sec. 2, p. 141.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3630 - APPROPRIATION OF WATER POLLUTION CONTROL FUND — PURPOSE OF CHAPTER.

39-3630. APPROPRIATION OF WATER POLLUTION CONTROL FUND — PURPOSE OF CHAPTER. Moneys in the water pollution control fund are hereby perpetually appropriated for the following purposes:
(1) To provide revenue for the payment of general obligation bonds issued pursuant to section 39-3633, Idaho Code, and general obligation refunding bonds issued pursuant to chapter 115, 1973 laws of the state of Idaho.
(2) To provide payments for contracts entered into pursuant to this chapter.
(3) To provide funds to capitalize the wastewater facility loan account established in section 39-3629, Idaho Code, including the required matching share of federal capitalization funds.
(4) To provide funds to capitalize the drinking water loan account established in section 39-7602, Idaho Code, including the required matching share of federal capitalization funds.
(5) Pending such expenditure or use, surplus moneys in the water pollution control fund 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 received on all such investments shall be paid into the water pollution control fund.
History:
[(39-3630) 1970, ch. 87, sec. 6, p. 211; am. 1977, ch. 176, sec. 4, p. 456; am. 1980, ch. 208, sec. 5, p. 478; am. 1980, ch. 280, sec. 4, p. 730; am. 1987, ch. 174, sec. 6, p. 347; am. 1988, ch. 270, sec. 5, p. 900; am. and redesig. 1995, ch. 352, sec. 14, p. 1188; am. 1996, ch. 345, sec. 2, p. 1155; am. 1998, ch. 16, sec. 2, p. 114; am. 2000, ch. 132, sec. 15, p. 329.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3631 - APPROPRIATION OF WASTEWATER FACILITY LOAN FUND — PURPOSE OF CHAPTER.

39-3631. APPROPRIATION OF WASTEWATER FACILITY LOAN FUND — PURPOSE OF CHAPTER. Moneys in the wastewater facility loan fund are hereby perpetually appropriated for the following purposes:
(1) To provide loans and other forms of financial assistance authorized under title VI of the federal water quality act of 1987, P.L. 100-4, to any municipality for construction of sewage treatment works.
(2) To provide funds, subject to annual federal and state appropriation and applicable federal limitations, for operation of the wastewater facility loan program by the department of environmental quality.
History:
[(39-3631) 1988, ch. 270, sec. 6, p. 901; am. and redesig. 1995, ch. 352, sec. 15, p. 1188; am. 1996, ch. 345, sec. 3, p. 1156; am. 1998, ch. 16, sec. 3, p. 115; am. 2001, ch. 103, sec. 39, p. 285.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3632 - GRANTS AND LOANS FOR DESIGN, PLANNING OR CONSTRUCTION — LIMITS ON AMOUNT OF GRANTS AND LOANS.

39-3632. GRANTS AND LOANS FOR DESIGN, PLANNING OR CONSTRUCTION — LIMITS ON AMOUNT OF GRANTS AND LOANS. (1) The board of environmental quality may divide financial assistance for eligible construction projects into separate grants, loans or a combination of grants and loans for the design, planning, and construction stages of project development. The making of a grant or loan for early stages of a project does not obligate the state to make a grant or loans for later stages of the same project.
(2) The board may make grants from the water pollution control fund; provided, that the projected payments for such grants would not cause the projected balance in the fund to fall below zero at any time. All grant payments shall be subject to the availability of moneys in the fund.
(3) The board may make loans from the wastewater facility loan fund, provided that the projected payments for such loans would not cause the projected balance in the fund to fall below zero at any time. All loan payments shall be subject to the availability of moneys in the fund.
History:
[(39-3632) 1981, ch. 33, sec. 1, p. 53; am. 1987, ch. 174, sec. 7, p. 347; am. 1988, ch. 270, sec. 7, p. 901; am. and redesig. 1995, ch. 352, sec. 16, p. 1188; am. 1996, ch. 345, sec. 4, p. 1156; am. 1998, ch. 16, sec. 4, p. 115; am. 2001, ch. 103, sec. 40, p. 285.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3633 - WATER POLLUTION CONTROL BONDS.

39-3633. WATER POLLUTION CONTROL BONDS. (1) Water pollution control bonds, as provided by section 5, article VIII of the constitution of the state of Idaho, shall be authorized by resolution of the state board of environmental quality. The bonds may be issued in one (1) or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, may mature in such amount or amounts, may bear interest at the most advantageous rate or rates available to the state at the time offered, payable semiannually, may be in such form, either coupon or registered, may carry such registration and such conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, as such resolution or other resolutions may provide. The bonds, if sold to a federal agency, may be sold at a private sale at not less than par and accrued interest, without advertising the same at competitive bidding. If not sold to a federal agency, the bonds shall be sold publicly in a manner to be provided by the state board of environmental quality. The bonds shall be fully negotiable within the meaning and for all purposes of the Uniform Commercial Code.
(2) The moneys derived from the sale of any bonds shall be deposited in the state treasury to the credit of the water pollution control fund for the purposes of that fund.
(3) All bonds issued pursuant to this chapter shall be obligations of the state and shall be payable in accordance with the terms of this chapter and the provisions of section 5, article VIII of the constitution of the state of Idaho.
History:
[(39-3633) 1970, ch. 87, sec. 7, p. 211; am. 1974, ch. 23, sec. 157, p. 633; am. and redesig. 1995, ch. 352, sec. 17, p. 1189; am. 2001, ch. 103, sec. 41, p. 286.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3634 - COTTAGE SITE DEFINED.

39-3634. COTTAGE SITE DEFINED. "Cottage site" is defined as a state owned lot containing one (1) acre or less which is or may be leased by the state of Idaho primarily for recreational or homesite use by a lessee.
History:
[(39-3634) 1970, ch. 191, sec. 1, p. 555; am. and redesig. 1995, ch. 352, sec. 18, p. 1189.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3636 - FAILURE TO PROVIDE SEWAGE DISPOSAL — PENALTIES.

39-3636. FAILURE TO PROVIDE SEWAGE DISPOSAL — PENALTIES. Failure to provide certified sewage disposal as provided in section 39-3635(1), Idaho Code, or failure to connect to a district sewer system or to pay, when due, any connection fee or charge, any monthly rate, toll or charge, or any special benefits payment, all as required and provided for in subsections (2) and (3) of section 39-3635, Idaho Code, shall result in the following:
(a) Forfeiture of lease to the state of Idaho after reasonable notice and hearing, as shall be prescribed in rules to be adopted by the department issuing the lease pursuant to the applicable provisions of chapter 52, title 67, Idaho Code, as now or hereafter in force.
(b) Loss of sewage treatment facility credit on any transfer of lease or new lease of such site after notice and hearing before the department issuing such lease.
The department issuing any cottage site lease, upon its own motion or upon receiving notice from a water and sewer district pursuant to the provisions of section 39-3635(4), Idaho Code, of the failure of a cottage site lessee to connect to a district sewer system or to pay any connection fee or charge, any monthly rate, toll or charge, or any special benefits payments, when due, is authorized to invoke either or both remedies at its discretion or may take such other action allowed by law to enforce the provisions of the lease and the requirements of section 39-3635, Idaho Code, that each cottage site lessee connect to a district sewer system and pay all fees, charges and payments when due.
History:
[(39-3636) 1970, ch. 191, sec. 3, p. 555; am. 1979, ch. 100, sec. 2, p. 244; am. and redesig. 1995, ch. 352, sec. 20, p. 1191.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3637 - STATE BOARD OF ENVIRONMENTAL QUALITY — RULES — INSPECTION.

39-3637. STATE BOARD OF ENVIRONMENTAL QUALITY — RULES — INSPECTION. The state board of environmental quality shall adopt reasonable rules and standards for the installation and operation of cottage site sewage treatment facilities, and shall provide adequate inspection services so as not to delay unreasonably the construction of any lessee. Duplicate originals of all certificates issued by the director of the department of environmental quality shall be filed with the director of the department issuing a cottage site lease.
The director of the department of environmental quality shall maintain a site by site inventory of such sewage disposal systems that may exist. The inventory shall ascertain:
(1) If the existing system meets the board standards. If the system meets all standards and rules for cottage sewage disposal systems a certificate shall be issued immediately.
(2) If the system does not meet the board standards. In such case, the lessee shall be advised in writing of the actions necessary to meet the proper standards. A copy of such report shall be filed with the state agency granting the lease. The modifications, unless specifically exempted from the time limit, as provided in sections 39-3634 through 39-3637, Idaho Code, shall be completed within two (2) years of the date of the written notice.
History:
[(39-3637) 1970, ch. 191, sec. 4, p. 555; am. 1971, ch. 172, sec. 2, p. 810; am. 1974, ch. 23, sec. 159, p. 633; am. and redesig. 1995, ch. 352, sec. 21, p. 1192; am. 2001, ch. 103, sec. 43, p. 288.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3638 - FINAL DETERMINATION BY ISSUING DEPARTMENT AUTHORIZED.

39-3638. FINAL DETERMINATION BY ISSUING DEPARTMENT AUTHORIZED. In the event of dispute or unreasonable delay on the part of lessee or the department of environmental quality, the department issuing a cottage site lease may, upon notice and hearing, make a final determination consistent with control of water pollution and public health.
History:
[(39-3638) 1970, ch. 191, sec. 5, p. 555; am. 1974, ch. 23, sec. 160, p. 633; am. and redesig. 1995, ch. 352, sec. 22, p. 1192; am. 2001, ch. 103, sec. 44, p. 288.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3639 - CONTINUATION OF COTTAGE SITE LEASE PROGRAM.

39-3639. CONTINUATION OF COTTAGE SITE LEASE PROGRAM. (1) The legislature of the state of Idaho recognizes that certain state lands are presently leased for cottage site uses and are subject to leases and contracts duly authorized by law. It is legislative intent to continue to recognize such leases. However, it is also legislative intent that no new or additional lands be platted, subdivided or leased for cottage site leases, unless and until the condition and precedents listed below have been met.
(2) No additional state lands shall be further platted or subdivided, nor any new cottage site leases entered into, unless and until the following provisions have been met:
(a) The department of lands shall have completed a comprehensive planning process, as to its further participation in, and extension of, the cottage site lease program;
(b) The department of lands shall complete a comprehensive planning process as to the extension of cottage site leasing for that immediate geographic area;
(c) No new cottage site leases shall be entered into unless and until an adequate water system and an adequate sewage collection and treatment system have been installed. Both of these systems shall meet applicable state health standards and rules. (i) The costs for providing these systems shall be incorporated into the annual lease rates for the newly created serviced lots, unless other specific provisions for payment have been required by the state board of land commissioners. (ii) As an alternate means of securing the necessary funds for the construction of water and sewer systems which must meet state standards and rules, the state board of land commissioners may include as a condition of the new lease the requirement that the lessee must prepay his share of the construction costs of the water and sewer system. In all cases, however, such prepayment shall be made, and adequate water and sewer systems shall be installed and in operation before such cottage sites may be inhabited.
(3) The provisions of subsection (1) herein shall not apply to unimproved lots within cottage subdivisions in which at least eighty per cent (80%) of the lots already have cottages upon them.
History:
[(39-3639) I.C., sec. 39-3613, as added by 1975, ch. 128, sec. 1, p. 280; am. and redesig. 1995, ch. 352, sec. 23, p. 1192.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3640 - WATER QUALITY INNOVATION AND POLLUTANT TRADING.

39-3640. WATER QUALITY INNOVATION AND POLLUTANT TRADING. (1) It is the policy of the state of Idaho to support water quality trading and other voluntary, cost-effective, and innovative means of attaining and maintaining water quality standards established pursuant to this chapter.
(2) The provisions of this title, water quality standards, and total maximum daily loads and discharge permitting shall, where the department deems appropriate, be administered to support opportunities for water quality trading and other voluntary, innovative means of attaining and maintaining water quality standards established pursuant to this chapter.
(3) "Water quality trade" and "water quality trading" mean a voluntary transaction whereby a person who discharges or proposes to discharge a pollutant into a water body pursuant to a permit or license meets regulatory requirements by obtaining pollutant reductions from another source.
(4) The department is authorized to investigate, review, approve, modify, or deny water quality trades, trading frameworks, and the means of verifying water quality pollutant trading and other water quality attainment innovations that contribute to the attainment of water quality standards.
History:
[39-3640, added 2021, ch. 94, sec. 1, p. 324.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 37 - ANATOMICAL TISSUE, ORGAN, FLUID DONATIONS › Section 39-3701 - BLOOD DONATIONS BY MINORS.

39-3701. BLOOD DONATIONS BY MINORS. (1) Any person who is seventeen (17) years of age or older shall be eligible to donate blood in a voluntary and noncompensatory blood program without the necessity of obtaining parental permission or authorization.
(2) A person who is sixteen (16) years of age but not seventeen (17) years of age may donate blood in a voluntary and noncompensatory blood program if the parent, guardian or custodian of the child has given informed consent to the blood donation. After informed consent has been given, the parent, guardian or custodian of a child may revoke such consent at any time by clearly communicating such revocation to staff of the blood donation program. When consent has been revoked, the blood donation facility shall promptly discontinue any further steps for blood donation. The blood donation program may require the parent, guardian or custodian to sign a written revocation of consent regarding the donation of blood.
History:
[39-3701, added 1970, ch. 27, sec. 1, p. 53; am. 1978, ch. 13, sec. 1, p. 25; am. 2011, ch. 126, sec. 1, p. 353.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 37 - ANATOMICAL TISSUE, ORGAN, FLUID DONATIONS › Section 39-3702 - EXCLUSION OR MODIFICATION OF WARRANTIES ON ANATOMICAL TISSUE, ORGAN, FLUID DONATION SERVICES.

39-3702. EXCLUSION OR MODIFICATION OF WARRANTIES ON ANATOMICAL TISSUE, ORGAN, FLUID DONATION SERVICES. The procurement, processing, storage, distribution, or use of whole blood, plasma, blood products, blood derivatives, bodily tissue, tissue products, organs, parts of organs or products derived therefrom for the purpose of injecting, transfusing or transplanting the same, or any of them, into the human body for any purpose whatsoever is declared to be the rendering of a service by any person or entity (except a paid blood, organ or tissue donor, or a blood, organ or tissue bank operated for profit) participating therein and does not constitute a sale, whether or not any consideration is given therefor, and the implied warranties of merchantability and fitness for a particular purpose shall not be applicable as to a defect that cannot be detected or removed by reasonable use of standard established scientific procedures or techniques, except such person or entity shall remain liable for his or its own negligence or willful misconduct only.
History:
[I.C., sec. 39-3702, as added by 1971, ch. 24, sec. 2, p. 60; am. 1987, ch. 148, sec. 2, p. 295.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 37 - ANATOMICAL TISSUE, ORGAN, FLUID DONATIONS › Section 39-3703 - ANATOMICAL PARTS CONTROL.

39-3703. ANATOMICAL PARTS CONTROL. No anatomical parts of human bodies, including whole blood, plasma, blood products, blood derivatives, body tissue, organs, parts of organs or products derived therefrom, and including semen, ova and embryos, shall be used for any purpose of injecting, transfusing or transplanting into a human body unless such anatomical parts or the donor have been examined for acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, and a test is negative for the presence of HIV antibodies or antigens.
The director of the department of health and welfare shall promulgate rules to fully implement the requirements of this section.
History:
[39-3703, added 1988, ch. 17, sec. 1, p. 19.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 38 - MINORS — CONSENT TO TREATMENT › Section 39-3801 - INFECTIOUS, CONTAGIOUS, OR COMMUNICABLE DISEASE — MEDICAL TREATMENT OF MINOR 14 YEARS OF AGE OR OLDER — CONSENT OF PARENTS OR GUARDIAN UNNECESSARY.

39-3801. INFECTIOUS, CONTAGIOUS, OR COMMUNICABLE DISEASE — MEDICAL TREATMENT OF MINOR 14 YEARS OF AGE OR OLDER — CONSENT OF PARENTS OR GUARDIAN UNNECESSARY. Notwithstanding any other provision of law, a minor fourteen (14) years of age or older who may have come into contact with any infectious, contagious, or communicable disease may give consent to the furnishing of hospital, medical and surgical care related to the diagnosis or treatment of such disease, if the disease or condition is one which is required by law, or regulation adopted pursuant to law, to be reported to the local health officer. Such consent shall not be subject to disaffirmance because of minority. The consent of the parent, parents, or legal guardian of such minor shall not be necessary to authorize hospital, medical and surgical care related to such disease and such parent, parents, or legal guardian shall not be liable for payment for any care rendered pursuant to this section.
History:
[39-3801, added 1971, ch. 107, sec. 1, p. 227.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3901 - LEGISLATIVE INTENT.

39-3901. LEGISLATIVE INTENT. The legislature of the state of Idaho acknowledges that sterilization procedures are highly intrusive, generally irreversible and represent potentially permanent and highly significant consequences for individuals incapable of giving informed consent. The legislature recognizes that certain legal safeguards are required to prevent indiscriminate and unnecessary sterilization of such individuals, and to assure equal access to desired medical procedures for all Idaho citizens.
History:
[39-3901, added 2003, ch. 189, sec. 2, p. 512.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3902 - DEFINITIONS.

39-3902. DEFINITIONS. For purposes of this chapter, the following words and terms have the meanings hereinafter stated:
(1) "Emergency medical treatment" means immediate medical intervention required, according to the prevailing medical standards of judgment and practice within the community, because of the medical condition of the person subject to this chapter.
(2) "Evaluation committee" means an interdisciplinary team consisting of at least four (4) individuals qualified by education and training to evaluate an individual as required by the provisions of this chapter, and an advocate designated by the person subject to this chapter. Each committee must include: two (2) social workers, at least one (1) of whom must be a master’s level; a clinical psychologist or a psychiatrist; and a physician.
(3) "Informed assent" means a process by which a person subject to this chapter who lacks or is alleged to lack the capacity to consent to sterilization is given a fair opportunity to acknowledge the nature, risks and consequences of the procedures and, insofar as he or she is able to, indicates willingness and choice to undergo sterilization.
(4) "Interested person" means an interested, responsible adult including, but not limited to, the legal guardian, spouse, parent, legal counsel, adult child, or next of kin of a person subject to this chapter, or if none of these are available, the department of health and welfare.
(5) "Medically necessary" means that, according to the prevailing medical standards of judgment and practice within the community, the procedure is reasonably calculated to prevent or treat conditions in the person subject to this chapter that endanger life, cause severe pain, or cause functionally significant deformity or malfunction, and for which there is not an equally effective alternative course of treatment available or suitable.
(6) "Person subject to this chapter" means all persons, except adults who may consent to their own treatment pursuant to chapter 45, title 39, Idaho Code. Adults who are alleged to lack this capacity are also persons subject to this chapter.
(7) "Physician" means a person duly licensed in the state of Idaho to practice medicine and surgery without restriction pursuant to laws of the state of Idaho.
(8) "Records" includes, but is not limited to, all court files of judicial proceedings brought under this chapter, written clinical information, observations and reports, or fiscal documents relating to a person subject to this chapter who has undergone or is about to undergo sterilization and which are related to the sterilization.
(9) "Sterilization" means any medical or surgical operation or procedure which can be expected to result in a patient’s permanent inability to reproduce.
History:
[39-3902, added 2003, ch. 189, sec. 2, p. 512; am. 2005, ch. 120, sec. 5, p. 390; am. 2009, ch. 130, sec. 1, p. 409.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3903 - STERILIZATION OF PERSONS SUBJECT TO THIS CHAPTER.

39-3903. STERILIZATION OF PERSONS SUBJECT TO THIS CHAPTER. Persons subject to this chapter have the legal right to be sterilized following the entry of an order providing for sterilization and the expiration of the time allowed by law for perfecting an appeal. In no event shall persons subject to this chapter be sterilized without court approval in accordance with this chapter unless sterilization occurs as part of emergency medical treatment.
History:
[39-3903, added 2003, ch. 189, sec. 2, p. 513.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3904 - INITIATION OF PROCEEDING.

39-3904. INITIATION OF PROCEEDING. A person subject to this chapter or any interested person may file a petition in the district court in which the person subject to this chapter resides, alleging that said person meets the requirements for sterilization.
History:
[39-3904, added 2003, ch. 189, sec. 2, p. 513.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3905 - APPOINTMENT OF COUNSEL.

39-3905. APPOINTMENT OF COUNSEL. Persons subject to this chapter shall have counsel at all stages of the proceedings provided for in this chapter. Unless independently provided for by the persons subject to this chapter, counsel shall be appointed by the district court which shall also conduct an investigation to determine whether or not the person has funds in trust or otherwise to pay reasonable compensation to counsel. If the investigation discloses that the person is without such funds, the court shall order that counsel be paid reasonable compensation at public expense.
History:
[39-3905, added 2003, ch. 189, sec. 2, p. 513.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3906 - NOTICE.

39-3906. NOTICE. The court shall order that the petition be served personally upon the person subject to this chapter, his or her guardian or parent, his or her counsel, his or her guardian ad litem, and such other persons as the court may designate.
History:
[39-3906, added 2003, ch. 189, sec. 2, p. 513.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3907 - REFERRAL TO THE EVALUATION COMMITTEE.

39-3907. REFERRAL TO THE EVALUATION COMMITTEE. The court shall refer the petition to the evaluation committee for review and recommendation.
History:
[39-3907, added 2003, ch. 189, sec. 2, p. 513.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3908 - HEARING.

39-3908. HEARING. (1) The court shall set a hearing on the petition upon receipt of the recommendation of the evaluation committee and shall order that copies of the evaluation committee’s reports and notice of the time and place of the hearing be provided the person subject to this chapter, their guardian, their counsel, their guardian ad litem, and such other persons as the court may designate.
(2) The person subject to this chapter is entitled to be present at the hearing, and to see and hear all evidence bearing on the petition. The person subject to this chapter may be absent from the hearing if he or she is unwilling or is unable to participate.
(3) A hearing shall be held in district court with the right of cross-examination preserved at all stages. The members of the evaluation committee may be subpoenaed and questioned by any party to the proceedings. Any party to the proceedings may submit additional evidence.
(4) The court must enter findings of fact and conclusions of law as well as an order either directing sterilization of the person subject to this chapter or dismissing the petition for insufficiency of evidence or any other reason.
History:
[39-3908, added 2003, ch. 189, sec. 2, p. 513.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3910 - AUTHORIZED STERILIZATION PROCEDURE.

39-3910. AUTHORIZED STERILIZATION PROCEDURE. A sterilization procedure authorized under this chapter shall not include hysterectomy or castration unless the court finds by clear and convincing evidence that hysterectomy or castration is medically necessary treatment, independent of the need for sterilization. No sterilization procedure authorized under this chapter shall be performed by any person other than a physician.
History:
[39-3910, added 2003, ch. 189, sec. 2, p. 515.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3911 - APPEALS.

39-3911. APPEALS. The order approving, denying or otherwise disposing of the petition for sterilization shall be appealable to the supreme court of Idaho. Such appeal may be perfected in the same manner as in civil actions. In the case of appeals from any order directing sterilization, the order of the district court shall be stayed pending disposition of such appeal and no sterilization shall take place until after the expiration of the time allowed by law for perfecting appeal.
History:
[39-3911, added 2003, ch. 189, sec. 2, p. 515.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3912 - EVALUATION COMMITTEE.

39-3912. EVALUATION COMMITTEE. (1) There is established the evaluation committee composed of persons contracted by or employees of the department of health and welfare.
(2) The committee shall review and make recommendations to the court on all petitions for sterilization. In making its recommendation to the court, the committee shall investigate and determine whether the person subject to this chapter is capable of giving informed assent and, if not, whether sterilization is in the best interest of the person. The committee shall consider the criteria set forth in section 39-3909, Idaho Code, in determining whether the person is capable of providing informed assent or whether sterilization is in the best interest of the person.
(3) The committee or designated member of the committee may interview or request a written statement from the person subject to this chapter, physicians, relatives, concerned individuals, and others who, in the committee member’s judgment, possess relevant information concerning the petition for sterilization. Conversely, the person subject to this chapter, the guardian ad litem, the petitioner, or any other person may request to speak to the committee or submit a written statement to the committee concerning the proposed sterilization.
(4) The committee shall submit a report in writing to the court containing its recommendations together with supporting documents. Committee members who do not concur with the majority recommendation shall submit a report in writing to the court detailing the basis for their dissent.
History:
[39-3912, added 2003, ch. 189, sec. 2, p. 515.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3913 - CONFIDENTIALITY OF AND ACCESS TO RECORDS.

39-3913. CONFIDENTIALITY OF AND ACCESS TO RECORDS. (1) Records developed by the evaluation committee and records contained in court files of judicial proceedings brought under this chapter shall be governed by the provisions of chapter 1, title 74, Idaho Code.
(2) The administrative director of the courts shall compile statistics for each calendar year, accessible to the public, including:
(a) The total number of petitions filed pursuant to this chapter;
(b) The number of petitions in which the evaluation committee recommended a procedure and the number of petitions in which the evaluation committee recommended against a procedure;
(c) The number of petitions granted by the court;
(d) For categories described in paragraphs (b) and (c) of this subsection, the number of appeals taken from the court’s order in each category; and
(e) For each of the categories set out in paragraph (d) of this subsection, the number of cases for which the district court’s order was affirmed and the number of cases for which the district court’s order was reversed.
History:
[39-3913, added 2003, ch. 189, sec. 2, p. 516; am. 2003, ch. 300, sec. 1, p. 826; am. 2015, ch. 141, sec. 91, p. 445.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3914 - CIVIL AND CRIMINAL IMMUNITY — EXCEPTION.

39-3914. CIVIL AND CRIMINAL IMMUNITY — EXCEPTION. When an operation shall have been performed in compliance with the provisions of this law, no physician duly licensed to, without restriction, practice medicine and surgery in this state or other person legally participating in the execution of the provisions of this chapter shall be liable civilly or to criminal prosecution on account of such operation or participation therein, except in the case of negligence in the performance of said procedures. Nothing in this chapter shall be construed so as to prevent sterilization of persons subject to this chapter as part of emergency medical treatment or the voluntary sterilization of a person competent to give his or her consent.
History:
[39-3914, added 2003, ch. 189, sec. 2, p. 516.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 39 - STERILIZATION › Section 39-3915 - REFUSAL TO PARTICIPATE IN STERILIZATION.

39-3915. REFUSAL TO PARTICIPATE IN STERILIZATION. No hospital shall be required to furnish facilities or admit any patient for sterilization procedures if, upon determination by its governing board, it elects not to do so. No physician, nurse, technician or other employee of any hospital, physician or governmental agency shall be required to assist or participate in any sterilization procedure if he or she, for religious or moral reasons, objects thereto. Any such objection shall be made in writing and shall state the reason for such objection. No refusal to accept a patient for sterilization procedures shall form the basis for any claim for damages or for recriminatory action against the declining person or hospital.
History:
[39-3915, added 2003, ch. 189, sec. 2, p. 516.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 40 - MANUFACTURED HOMES — STANDARDS › Section 39-4001 - ENFORCEMENT OF LAW.

39-4001. ENFORCEMENT OF LAW. The administrator of the division of occupational and professional licenses shall enforce the provisions of this chapter. It shall be the responsibility and duty of the factory built structures advisory board to assist the administrator in the administration and enforcement of the provisions of this chapter as hereinafter provided.
History:
[39-4001, added 1971, ch. 70, sec. 2, p. 157; am. 1974, ch. 39, sec. 50, p. 1023; am. 1995, ch. 267, sec. 1, p. 857; am. 1996, ch. 421, sec. 24, p. 1422; am. 2006, ch. 79, sec. 2, p. 238; am. 2016, ch. 342, sec. 1, p. 968; am. 2023, ch. 15, sec. 6, p. 77.]