reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 13 - FOREST PRACTICES ACT › Section 38-1312 - CONVERSION OF FOREST LAND.

38-1312. CONVERSION OF FOREST LAND. (1) This act does not prevent the conversion of forest land to any other use. However, conversions shall require the filing of a notification as required in section 38-1306, Idaho Code, as well as compliance with the provisions of this chapter and rules and regulations promulgated pursuant thereto, except for provisions relating to reforestation. When forest land is converted to another use, vegetative cover sufficient to provide continuing soil productivity and stabilization shall be established within one (1) year of completion of the forest practice on disturbed areas larger than one (1) acre, except that the director may grant an extension of time if weather or other conditions interfere.
(2) The provisions of this section shall not apply to activities regulated under chapters 13 and 15, title 47, Idaho Code.
History:
[38-1312, added 1974, ch. 197, sec. 12, p. 1506; am. 1988, ch. 211, sec. 2, p. 401.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 13 - FOREST PRACTICES ACT › Section 38-1313 - FOREST PRACTICES REHABILITATION ACCOUNT.

38-1313. FOREST PRACTICES REHABILITATION ACCOUNT. There is hereby created in the dedicated fund in the state treasury a forest practices rehabilitation account, which shall be used by the department to rehabilitate forest lands damaged by a forest practice that is not repaired following the serving of a notice of violation. The department shall recover the costs of repairs and reasonable administrative and legal fees in accordance with subsection (2)(e) of section 38-1307, Idaho Code. Costs of repairs shall be deposited in the forest practices rehabilitation account.
History:
[38-1313, added 1987, ch. 281, sec. 1, p. 592.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 14 - RIGHT TO CONDUCT FOREST PRACTICES › Section 38-1401 - LEGISLATIVE FINDINGS AND INTENT.

38-1401. LEGISLATIVE FINDINGS AND INTENT. The legislature finds that forest practices conducted on forest land in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from forest uses and in some cases prohibit investments in forest improvements. It is the intent of the legislature to reduce the loss to the state of its forest resources by limiting the circumstances under which forest practices may be deemed to be a nuisance. The legislature also finds that the right to conduct forest practices is a natural right and is recognized as a permitted use in the state of Idaho.
History:
[38-1401, added 1989, ch. 226, sec. 1, p. 541.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 14 - RIGHT TO CONDUCT FOREST PRACTICES › Section 38-1402 - DEFINITIONS.

38-1402. DEFINITIONS. As used in this chapter:
(1) "Forest land" means state and private land growing forest tree species which are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. The term includes state and private land from which forest tree species have been removed but have not yet been restocked, but it does not include land affirmatively converted to uses other than the growing of forest tree species.
(2) "Forest practice" means:
(a) The harvesting of forest tree species;
(b) Road construction associated with harvesting of forest tree species;
(c) Reforestation;
(d) Use of chemicals or fertilizers for the purpose of growing or managing forest tree species; or
(e) The management of slashings resulting from harvest, management or improvement of forest tree species.
(3) "Improper or negligent operation" means that the forest practice is not undertaken in conformity with federal, state and local laws and regulations, and adversely affects the public health and safety.
History:
[38-1402, added 1989, ch. 226, sec. 1, p. 542.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 14 - RIGHT TO CONDUCT FOREST PRACTICES › Section 38-1403 - FOREST PRACTICES NOT A NUISANCE — EXCEPTION.

38-1403. FOREST PRACTICES NOT A NUISANCE — EXCEPTION. No forest practices conducted on forest land or an appurtenance to it shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonforest activities after the same has been in operation for more than one (1) year when the forest practice was not a nuisance at the time the forest practice began; provided, that the provisions of this section shall not apply whenever a nuisance results from the improper or negligent operation of any forest practice conducted on any forest land or appurtenance to it.
History:
[38-1403, added 1989, ch. 226, sec. 1, p. 542.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 14 - RIGHT TO CONDUCT FOREST PRACTICES › Section 38-1404 - LOCAL ORDINANCES — PRIOR ACTIONS.

38-1404. LOCAL ORDINANCES — PRIOR ACTIONS. Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any forest practice conducted on forest land or an appurtenance to it a nuisance in the circumstances set forth in this chapter are and shall be null and void; provided, however, that the provisions of this section shall not apply whenever a nuisance results from the improper or negligent operation of any forest practice on forest land or an appurtenance to it. Provided further, that the provisions of this section shall not apply whenever a nuisance results from a forest practice on forest land located within the corporate limits of any city on July 1, 1989, nor shall the provisions of this chapter affect actions commenced prior to July 1, 1989.
History:
[38-1404, added 1989, ch. 226, sec. 1, p. 542.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1501 - DECLARATION OF POLICY.

38-1501. DECLARATION OF POLICY. It is in the interest of all the people of Idaho that the abundant forest resources of the state be protected, and properly managed to produce multiple resources and values along with sustained yields of timber to support the economic welfare of the state. Because forest management, on both public and private lands, is important to each citizen of the state, it is the purpose by the enactment of this chapter to promote the economic and environmental welfare of the state by providing a means for the collection and dissemination of information regarding the management of the state’s public and private forest lands and the forest products industry.
History:
[38-1501, added 1992, ch. 163, sec. 1, p. 519.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1502 - DEFINITIONS.

38-1502. DEFINITIONS. As used in this chapter:
(1) "Assessment year" means January 1 through December 31 of any calendar year in which the commission levies an assessment.
(2) "Base year" means the calendar year immediately preceding the assessment year.
(3) "Business entity" means a person, firm, partnership, corporation, association, trust or other recognized legal entity.
(4) "Commission" means the Idaho forest products commission created by section 38-1503, Idaho Code.
(5) "Financial supporter" means entities who have paid assessments pursuant to this chapter.
(6) "Forest lands" means federal, state and private land growing forest tree species which are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. The term includes federal, state and private land from which forest tree species have been removed but have not yet been restocked, but it does not include land affirmatively converted to uses other than the growing of forest tree species.
(7) "Forest product manufacturer" means a business entity that engages in the processing, cutting, fabricating or other process which converts timber, chips, sawdust or shavings into lumber, paper, plywood, particle board or other usable products for sale in commerce, provided, however, as used in this chapter, forest products manufacturers shall not include the following business entities engaged in:
(a) The production of fence or corral posts or rails;
(b) Producing shingles or shakes;
(c) Producing firewood or pellets for energy; or
(d) Producing logs which have been shaped or scribed and used in the construction of log structures.
(8) "Hog fuel" means wood or wood scraps that have been shredded or pulverized and used by forest product manufacturers to generate energy.
(9) "Private forest lands" means forest lands not owned by the federal government, state government, an Indian tribe or a political subdivision of the state.
History:
[38-1502, added 1992, ch. 163, sec. 1, p. 519; am. 1997, ch. 260, sec. 1, p. 743; am. 2003, ch. 101, sec. 1, p. 320.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1503 - FOREST PRODUCTS COMMISSION CREATED — MEMBERS.

38-1503. FOREST PRODUCTS COMMISSION CREATED — MEMBERS. (1) There is hereby created and established in the department of self-governing agencies the Idaho forest products commission, to be composed of five (5) voting members appointed by the governor from a list of names with at least two (2) names for each appointive office for each district submitted to the governor by the financial supporters of the commission in each district. Initial members of the commission shall serve either a three (3) or five (5) year term, with two (2) members of the commission serving three (3) year terms, and three (3) members of the commission serving five (5) year terms. For the initial commission members, the duration of each member’s term shall be determined by lot. Thereafter, all commission members shall serve terms of three (3) years, and may be reappointed. The commission shall adopt rules to define the process for filling vacancies to the commission and to provide for determining the terms of office for all members of the commission after the expiration of the terms of the original members.
(2) The governor shall also name as permanent advisory members to the commission, the director of the department of lands, a representative of the United States forest service, the dean of the University of Idaho college of natural resources or the dean’s designee, a representative of the Idaho department of commerce and the Idaho department of agriculture with expertise in marketing and promotion and the executive director of the associated logging contractors. No advisory member of the commission shall have a vote on the commission.
History:
[38-1503, added 1992, ch. 163, sec. 1, p. 519; am. 1995, ch. 255, sec. 1, p. 835; am. 2014, ch. 102, sec. 1, p. 301.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1504 - QUALIFICATIONS OF THE MEMBER AND COMPOSITION OF THE COMMISSION.

38-1504. QUALIFICATIONS OF THE MEMBER AND COMPOSITION OF THE COMMISSION. (1) Each member of the commission shall be nominated and appointed because of their knowledge of forest management, the forest products industry, or because they possess communications skills which would enhance the ability of the commission to carry out its duties. Members of the commission shall be residents of the state who derive a substantial part of their income from association with the forest products industry within the state of Idaho. Beginning on July 1, 2014, there shall be a total of five (5) members, including four (4) district members and one (1) at-large member. There shall be one (1) district member from each of the four (4) districts as follows:
District 1. The counties of Boundary, Bonner and Kootenai.
District 2. The counties of Shoshone, Benewah, Latah and Clearwater.
District 3. Idaho county and all counties north of the Salmon river not heretofore named.
District 4. Adams, Valley, Payette, Washington, Ada, Boise, Gem, and all other counties south of the Salmon river not heretofore named.
At-large. There shall be one (1) at-large member from any of the four (4) districts identified herein.
(2) The governor shall assure through his appointments to the commission that the commission membership reflects equitable representation from the timber growing, logging and transportation, and forest products manufacturing segments of the industry.
History:
[38-1504, added 1992, ch. 163, sec. 1, p. 520; am. 2014, ch. 102, sec. 2, p. 302.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1505 - COMPENSATION OF MEMBERS.

38-1505. COMPENSATION OF MEMBERS. Members of the commission shall be compensated as provided in section 59-509(b), Idaho Code.
History:
[38-1505, added 1992, ch. 163, sec. 1, p. 520.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1506 - CHAIRMAN AND STAFF OF THE COMMISSION.

38-1506. CHAIRMAN AND STAFF OF THE COMMISSION. The commission shall elect a chairman and may employ clerical or other staff who are not members of the commission.
History:
[38-1506, added 1992, ch. 163, sec. 1, p. 520.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1507 - MEETINGS OF THE COMMISSION.

38-1507. MEETINGS OF THE COMMISSION. The commission shall meet not less than four (4) times each year and at such other times as may be determined by either the chairman or a majority of the commission members. Any meeting may be held at any location within the state, and at any time.
History:
[38-1507, added 1992, ch. 163, sec. 1, p. 520; am. 1995, ch. 255, sec. 2, p. 836.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1509 - LIMITATIONS TO THE POWERS OF THE COMMISSION.

38-1509. LIMITATIONS TO THE POWERS OF THE COMMISSION. Irrespective of such actions as may be taken by individual members of the commission, the commission itself shall not use any funds or other resources of the commission to influence the outcome of any election for public office, be it state or federal, or to influence the enactment or defeat of any specific piece of legislation; provided, however, the commission may, in the course of implementation of this chapter, generally and objectively inform the public of legislative or regulatory proposals which may affect the management of public or private forests in Idaho or the forest products industry.
History:
[38-1509, added 1992, ch. 163, sec. 1, p. 522.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1510 - COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS.

38-1510. COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this chapter shall be paid into a bank account in the name of the Idaho forest products commission and such moneys are hereby continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter.
History:
[38-1510, added 1992, ch. 163, sec. 1, p. 522.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1511 - BONDS OF AGENTS AND EMPLOYEES.

38-1511. BONDS OF AGENTS AND EMPLOYEES. Any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form, and manner as prescribed in chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.
History:
[38-1511, added 1992, ch. 163, sec. 1, p. 522.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1512 - APPOINTMENT OF STAFF, DUTIES, SALARY.

38-1512. APPOINTMENT OF STAFF, DUTIES, SALARY. The commission may appoint clerical or other staff, on either a full or part time basis, who shall devote their time to the administration of the provisions of this chapter. The staff shall be paid reasonable salaries as fixed by the commission, commensurate with their duties and experience.
History:
[38-1512, added 1992, ch. 163, sec. 1, p. 522.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1513 - ESTABLISHMENT OF THE COMMISSION’S OFFICE.

38-1513. ESTABLISHMENT OF THE COMMISSION’S OFFICE. For the convenience of the majority of those most likely to be affected by the administration of this act, the commission shall establish and maintain an office within the state of Idaho.
History:
[38-1513, added 1992, ch. 163, sec. 1, p. 522.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1514 - STATE NOT LIABLE FOR ACTS OR OMISSIONS OF THE COMMISSION OR OF ITS EMPLOYEES.

38-1514. STATE NOT LIABLE FOR ACTS OR OMISSIONS OF THE COMMISSION OR OF ITS EMPLOYEES. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.
History:
[38-1514, added 1992, ch. 163, sec. 1, p. 522.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1516 - PENALTIES.

38-1516. PENALTIES. Any person who shall violate or aid in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or by both. Fines collected for violations shall be paid into the fund which accrues to administer the provisions of this chapter.
History:
[38-1516, added 1992, ch. 163, sec. 1, p. 523.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1517 - DEPOSIT AND DISBURSEMENT OF FUNDS.

38-1517. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission when the amount of such payments exceeds two thousand dollars ($2,000). Such designees may include the members of the staff of the commission.
(3) The right is reserved to the state of Idaho to audit the funds to the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate and house committees responsible for natural resources, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission for the preceding year. The report shall also include an estimate of income of the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1994, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding year.
(5) All moneys received or expended by the commission shall be audited annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
History:
[38-1517, added 1992, ch. 163, sec. 1, p. 524; am. 1993, ch. 327, sec. 19, p. 1211; am. 1994, ch. 180, sec. 70, p. 473; am. 1996, ch. 159, sec. 16, p. 519; am. 2003, ch. 32, sec. 20, p. 129.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 15 - IDAHO FOREST PRODUCTS COMMISSION › Section 38-1518 - DISSOLUTION OF THE COMMISSION.

38-1518. DISSOLUTION OF THE COMMISSION. (1) Subject to the conditions set forth in this section, the commission may be dissolved upon a vote, carried out by written ballot by all those who have paid assessments to the commission during the calendar year immediately preceding the vote. No such referendum may take place at any time prior to three (3) years from the date of enactment of this chapter. No such vote may be taken unless first approved by a majority of the commission who shall then report to those who have paid assessments to the commission for the reasons for the recommended dissolution together with any opposing views held by members of the commission, provided, however, that financial supporters who, together represent no less than fifty percent (50%) of the total assessments paid to the commission in the preceding year, or financial supporters who, together represent no less than ten percent (10%) of the total financial supporters for the preceding year may petition for a vote of dissolution without the approval of the commission. In no case, however, shall the commission be dissolved through a vote of the financial supporters unless the vote in favor of the dissolution exceeds sixty percent (60%) of the total assessments paid to the commission in the preceding year. One dollar ($1.00) of assessment collected shall equal one (1) vote.
(2) Should such dissolution as described in this section occur, any unencumbered funds held by the commission shall be divided equally among private or public groups or agencies which, in the judgment of the commission, can best carry out the duties and authorities of the commission.
History:
[38-1518, added 1992, ch. 163, sec. 1, p. 524.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-101 - SHORT TITLE.

39-101. SHORT TITLE. Sections 39-101 through 39-130, Idaho Code, may be known and cited as the "Idaho Environmental Protection and Health Act."
History:
[39-101, added 1972, ch. 347, sec. 1, p. 1017; am. 1986, ch. 60, sec. 1, p. 170.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-102 - STATE POLICY ON ENVIRONMENTAL PROTECTION.

39-102. STATE POLICY ON ENVIRONMENTAL PROTECTION. (1) It is hereby recognized by the legislature that the protection of the environment and the promotion of personal health are vital concerns and are therefore of great importance to the future welfare of this state. It is therefore declared to be the policy of the state to provide for the protection of the environment and the promotion of personal health and to thereby protect and promote the health, safety and general welfare of the people of this state.
(2) The goal of the legislature in enacting the ground water quality protection act of 1989 shall be to maintain the existing high quality of the state’s ground water and to satisfy existing and projected future beneficial uses including drinking water, agricultural, industrial and aquacultural water supplies. All ground water shall be protected as a valuable public resource against unreasonable contamination or deterioration. The quality of degraded ground water shall be restored where feasible and appropriate to support identified beneficial uses.
(3) In enacting this law, the legislature intends to prevent contamination of ground water from point and nonpoint sources of contamination to the maximum extent practical. In attaining the goals enumerated in subsections (1) and (2) of this section, the legislature wishes to enumerate the following ground water quality protection goals:
(a) It is the policy of the state to prevent contamination of ground water from any source to the maximum extent practical.
(b) The discovery of any contamination that poses a threat to existing or projected future beneficial uses of ground water shall require appropriate actions to prevent further contamination. These actions may consist of investigation and evaluation or enforcement actions if necessary to stop further contamination or clean up existing contamination as required under the environmental protection and health act.
(c) All persons in the state should conduct their activities so as to prevent the nonregulated release of contaminants into ground water.
(d) Education of the citizens of the state is necessary to preserve and restore ground water quality.
(4) It is the policy of the state to protect ground water and to allow for the extraction of minerals above and within ground water. A mine operator shall protect current and projected future beneficial uses of ground water at a point of compliance designated pursuant to rules of the department. Degradation of ground water is allowed at a point of compliance if the mine operator implements the level of protection during mining activities appropriate for the aquifer category.
History:
[39-102, added 1972, ch. 347, sec. 2, p. 1017; am. 1989, ch. 421, sec. 1, p. 1028; am. 2015, ch. 223, sec. 1, p. 686.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-102A - LEGISLATIVE INTENT IN CREATING DEPARTMENT OF ENVIRONMENTAL QUALITY.

39-102A. LEGISLATIVE INTENT IN CREATING DEPARTMENT OF ENVIRONMENTAL QUALITY. The legislature finds and declares that:
(1) The creation and establishment of the department of environmental quality to protect human health and the environment as its sole mission is in the public’s interest;
(2) That all existing, but no new rights, powers, duties, budgets, funds, contracts, rulemaking proceedings, administrative proceedings, contested cases, civil actions, and other matters relating to environmental protection as described in this chapter, vested in the director of the department of health and welfare and the board of health and welfare on January 1, 2000, shall be transferred to the board of environmental quality, the department of environmental quality and its director as described herein effective July 1, 2000;
(3) That protecting environmental values including, but not limited to, clean air, water and soil, reducing or eliminating environmental pollution arising from human activities, ensuring the proper treatment, storage and disposal of hazardous wastes and ensuring the proper cleanup and restoration of existing natural resources are vital interests of the state of Idaho;
(4) That it is in the interest of the state and its citizens to establish a department of environmental quality to carry out programs to protect human health and the environment, to enforce environmental laws and develop pollution prevention, compliance assistance and other environmental incentive programs;
(5) That the goals to protect human health and the environment can be best achieved by vesting responsibility for environmental protection as specified herein in a state department which has as its sole mission, protection for human health and the environment for the state of Idaho and its residents;
(6) The legislature further intends that environmental quality programs be promulgated and managed such that the benefits of pollution control measures have a reasonable relationship to the public health costs, private property rights, environmental, economic and energy impacts of such measures, provided that this section does not require the preparation of any economic, environmental or other statement;
(7) That the department of environmental quality shall utilize the designated program appropriations made to the department of health and welfare for environmental program functions, the division of environmental quality and the INEEL oversight program for fiscal year 2001.
History:
[39-102A, added 2000, ch. 132, sec. 4, p. 314.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-104 - DEPARTMENT OF ENVIRONMENTAL QUALITY — CREATION.

39-104. DEPARTMENT OF ENVIRONMENTAL QUALITY — CREATION. (1) There is created and established in the state government a department of environmental quality which shall for the purposes of section 20, article IV, of the constitution of the state of Idaho be an executive department of the state government. The executive and administrative power of this department shall be vested in the director of the department who shall be appointed and serve at the pleasure of the governor, with the advice and consent of the senate.
(2) The department shall be organized in such administrative divisions or regions as may be necessary in order to efficiently administer the department. Each division shall be headed by an administrator who shall be appointed by and serve at the pleasure of the director.
(3) The INL coordinator, deputy director, regional administrators and division administrators shall be nonclassified employees exempt from the provisions of chapter 53, title 67, Idaho Code.
(4) No provision of this title 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. Nothing in this title shall be construed to allow the department to establish a water right for minimum stream flows or a water right for minimum water levels in any lakes, reservoirs or impoundments. Minimum stream flows and minimum water levels may only be established pursuant to chapter 15, title 42, Idaho Code.
(5) Nothing in this title shall be construed to allow the department to establish or require minimum stream flows which would prevent any water from being diverted for irrigation purposes pursuant to existing water rights, or to establish or require minimum water levels in any lakes, reservoirs or impoundments in which any water is stored for irrigation purposes which would adversely affect existing water rights or contracts with the federal government.
History:
[(39-104) 1973, ch. 87, sec. 3, p. 137; I.C., sec. 39-104b, am. and redesig. 1974, ch. 23, sec. 48, p. 633; am. 1995, ch. 365, sec. 1, p. 1276; am. 2000, ch. 132, sec. 6, p. 318; am. 2007, ch. 83, sec. 1, p. 221.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-107A - REAL PROPERTY IN BUNKER HILL CLEANUP SITE.

39-107A. REAL PROPERTY IN BUNKER HILL CLEANUP SITE. Notwithstanding any other provision of law to the contrary, the department may accept transfer from the United States of any real property or interest in real property acquired by the United States for remediation purposes concerning any operable unit of the Bunker Hill Superfund Site pursuant to 42 U.S.C. section 9604(j). The state of Idaho shall incur no liability nor be subject to any claims related to the existence, release or threatened release of any hazardous substance or contaminant or pollutant on, or from, any such real property. The department may, in its sole discretion, manage, lease or dispose of such property for the purpose of facilitating appropriate operation and maintenance activities, encouraging economic development or assisting local governmental entities within the site. The management, lease or disposal of such property shall not be subject to chapter 3, title 58, Idaho Code. Any receipts from the management, lease or disposal of such property shall be deposited in the Bunker Hill Cleanup Trust Fund established by the Trust Fund Declaration of the state of Idaho dated May 2, 1994 (Attachment M, Consent Decree, United States of America v. Asarco, Inc. No. CV-94-0206-N-HLR (D. Idaho)) for the purpose of funding institutional control or operation and maintenance activities regarding the site.
History:
[(39-107A) 39-107a, added 1996, ch. 205, sec. 1, p. 630; am. 2000, ch. 21, sec. 1, p. 41; am. and redesig. 2000, ch. 132, sec. 11, p. 328; am. 2009, ch. 8, sec. 1, p. 10.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-107B - DEPARTMENT OF ENVIRONMENTAL QUALITY FUND.

39-107B. DEPARTMENT OF ENVIRONMENTAL QUALITY FUND. (1) There is hereby created a fund in the state treasury to be known as the department of environmental quality fund and all moneys deposited therein shall be available to be appropriated to the department of environmental quality for purposes for which the department was established.
(2) All federal grants, fees for services, permitting fees, other program income and transfers from other funds subject to administration by the director of the department of environmental quality shall be placed in the fund provided that the statewide accounting and reporting system must provide for identification of the balance of each funding source within the fund.
(3) The state controller shall make transfers to the fund from the general fund and any other funds appropriated to the department of environmental quality as requested by the director of the department and approved by the board of examiners.
History:
[39-107B, added 2000, ch. 132, sec. 12, p. 328.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-107C - ENVIRONMENTAL PROTECTION TRUST FUND ESTABLISHED.

39-107C. ENVIRONMENTAL PROTECTION TRUST FUND ESTABLISHED. The director of the department of environmental quality may receive on behalf of the department any moneys or real or personal property donated, bequeathed, devised or conditionally granted to the department. Moneys received directly or derived from the sale of such property shall be held in a trust known as the environmental protection trust, which is hereby established, reserved, set aside, appropriated and made available until expended and used and administered to carry out the terms and conditions of such donation, bequest, devise or grant and to pay the costs and expenses arising from investment of the trust. There is hereby created in the state treasury a fund to be known as the "environmental protection trust fund," which shall consist of moneys held in the environmental protection trust. Pending expenditure or use, surplus moneys in the environmental protection trust shall either be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210, Idaho Code, or, in the alternative and with the concurrence of the director of the department, the state treasurer, and the endowment fund investment board, be invested with the endowment fund investment board pursuant to chapter 7, title 57, Idaho Code. Interest received on all such investments shall be paid into the environmental protection trust.
History:
[39-107C, added 2000, ch. 132, sec. 13, p. 328; am. 2016, ch. 130, sec. 1, p. 386.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-109 - COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS — CRIMINAL ACTIONS AUTHORIZED — DUTIES OF ATTORNEY GENERAL.

39-109. COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS — CRIMINAL ACTIONS AUTHORIZED — DUTIES OF ATTORNEY GENERAL. Upon request of the director, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in section 39-108, Idaho Code, and to prosecute actions or proceedings for the enforcement of any criminal provisions of this chapter. In addition, when deemed by the director to be necessary, the director may retain or employ private counsel. The attorney general may delegate the authority and duty under this section to prosecute criminal actions to the prosecuting attorney of the county in which such a criminal action may arise.
History:
[39-109, added 1986, ch. 60, sec. 4, p. 174; am. 2000, ch. 132, sec. 17, p. 333.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-110 - REGISTRATION OF PERSONS ENGAGED IN OPERATIONS OR CONSTRUCTION WHERE AIR POLLUTION IS A FACTOR — REPORTS.

39-110. REGISTRATION OF PERSONS ENGAGED IN OPERATIONS OR CONSTRUCTION WHERE AIR POLLUTION IS A FACTOR — REPORTS. The director may require the registration of persons engaged in operations which may result in air pollution, and of persons causing, permitting or allowing construction of any facility or new equipment capable of emitting air contaminants into the atmosphere, or designed to eliminate or reduce emissions into the atmosphere, and the filing of reports by them with the department relating to locations, size of outlet, height of outlet, rate and period of emission and composition of effluent, and such other information as the director shall prescribe relative to air pollution.
History:
[39-110, added 1972, ch. 347, sec. 10, p. 1017; am. 1986, ch. 60, sec. 5, p. 175; am. 2000, ch. 132, sec. 18, p. 333.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-111 - AVAILABILITY OF RECORDS.

39-111. AVAILABILITY OF RECORDS. Any records or other information furnished to the board, department or to agents, contractors, or other representatives of the department under any provisions of this chapter shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
History:
[39-111, added 1972, ch. 347, sec. 11, p. 1017; am. 1974, ch. 23, sec. 54, p. 633; am. 1986, ch. 60, sec. 6, p. 175; am. 1990, ch. 213, sec. 34, p. 508; am. 1998, ch. 125, sec. 2, p. 464; am. 2000, ch. 132, sec. 19, p. 333; am. 2015, ch. 141, sec. 82, p. 439.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-112 - EMERGENCY — ORDER — HEARING — MODIFICATION, AFFIRMANCE, OR SETTING ASIDE.

39-112. EMERGENCY — ORDER — HEARING — MODIFICATION, AFFIRMANCE, OR SETTING ASIDE. (1) Any other provision of law to the contrary notwithstanding, if the director finds that a generalized condition of air pollution exists and that it creates an imminent and substantial endangerment to the public health or welfare constituting an emergency requiring immediate action to protect human health or safety, the director, with the concurrence of the governor as to the existence of such an emergency shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a time and place, not later than twenty-four (24) hours thereafter, for a hearing to be held before the director. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereof, the director shall affirm, modify or set aside its order.
(2) In the absence of a generalized condition of air pollution of the type referred to in subsection (1) of this section, if the director finds that emissions from the operation of one (1) or more air contaminant sources is causing imminent and substantial danger to human health or safety the director may bring suit through the attorney general in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such civil action, the director may order the person or persons responsible for the operation or operations in question to reduce or discontinue emissions immediately without regard to other provisions of this act. In such event, the requirements for hearing and affirmance, modification or setting aside of an order set forth in subsection (1) of this section shall apply. For purposes of subsections (1) and (2) of this section, imminent and substantial endangerment or danger shall be interpreted no more broadly than these words are interpreted under section 303 of the clean air act, 42 USC 7603.
(3) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office.
History:
[39-112, added 1972, ch. 347, sec. 12, p. 1017; am. 2000, ch. 132, sec. 20, p. 334.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-113 - TRANSFER OF EMPLOYEES.

39-113. TRANSFER OF EMPLOYEES. All employees of the division of environmental quality and the INEEL oversight program of the department of health and welfare are transferred to the department of environmental quality. Such transfer shall in no manner affect the rights or privileges of any transferred employee under the public employee retirement system (chapter 13, title 59, Idaho Code), the group insurance plan (chapter 57, title 67, Idaho Code), or personnel system (chapter 53, title 67, Idaho Code). Additionally, when the department of health and welfare is used in terms of environmental protection, it shall mean the department of environmental quality.
History:
[39-113, added 1972, ch. 347, sec. 15, p. 1017; am. 2000, ch. 132, sec. 21, p. 334; am. 2018, ch. 169, sec. 8, p. 358.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-114 - OPEN BURNING OF CROP RESIDUE.

39-114. OPEN BURNING OF CROP RESIDUE. (1) The open burning of crop residue to develop physiological conditions conducive to increase crop yields, or to control diseases, insects, pests or weed infestations, shall be an allowable form of open burning, such that it is expressly authorized as referenced in section 52-108, Idaho Code, as long as the open burning is conducted in accordance with the provisions of this section and the rules promulgated pursuant to this chapter.
(2) Crop residue means any vegetative material remaining in the field after harvest or vegetative material produced on designated conservation reserve program (CRP) lands.
(3) The open burning of crop residue shall be conducted in the field where it was generated. A burn may not take place without preapproval from the department. The department shall not approve a burn if it determines that ambient air quality levels:
(a) Are exceeding, or are expected to exceed, ninety percent (90%) of the ozone national ambient air quality standard (NAAQS) and seventy-five percent (75%) of the level of any other NAAQS on any day, and these levels are projected to continue or recur over at least the next twenty-four (24) hours; or
(b) Have reached, or are forecasted to reach and persist at, eighty percent (80%) of the one (1) hour action criteria for particulate matter pursuant to section 556 of IDAPA 58.01.01, rules for the control of air pollution in Idaho.
The department shall make available to the public, prior to the burn, information regarding the date of the burn, location, acreage and crop type to be burned. If the agricultural community desires to burn more than twenty thousand (20,000) acres annually of bluegrass within the state, that does not include Indian or tribal lands within the reservation boundaries as recognized by the federal clean air act, then, prior to approving the burning of the additional acres, the department shall complete an air quality review analysis to determine that the ambient air quality levels in this section will be met.
(4) A fee in an amount of two dollars ($2.00) per acre burned shall be paid to the department. This fee shall not apply to propane flaming, as defined in the rules promulgated pursuant to this chapter. The department shall remit all fees quarterly to the state treasurer, who shall deposit the moneys in the general fund.
History:
[39-114, added 2017, ch. 56, sec. 3, p. 87; am. 2019, ch. 32, sec. 1, p. 92.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH › Section 39-116 - COMPLIANCE SCHEDULES.

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