reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.18 - IDAHO LAND REMEDIATION RULES › Section 58.01.18.023 - REMEDIATION STANDARDS

Current through August 31, 2023
01.
Work Plan
			 - Health-Based and Environmental Remediation Standards
. All hazardous
			 substance or petroleum concentrations in media which exceed the health-based
			 and environmental remediation standards must be addressed through appropriate
			 remediation and in accordance with the appropriate technical standards based
			 upon the following: (3-24-22)
a. Site
			 characteristics; (3-24-22)
b.
			 Hazardous substances or petroleum; and (3-24-22)
c. Technical guidance approved by the
			 Department. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.18 - IDAHO LAND REMEDIATION RULES › Section 58.01.18.024 - IMPLEMENTATION OF WORK PLAN

Current through August 31, 2023
01.
Implementation
. An approved work plan must be fully implemented by
			 the applicant according to the terms and conditions of the agreement, these
			 rules, and the Act. (3-24-22)
02.
Progress Reports
. An applicant implementing a work plan must
			 submit periodic progress reports to the Department according to the terms and
			 conditions of the agreement. (3-24-22)
03.
Completion Report
. When the
			 applicant believes the work plan objectives were achieved and successfully
			 implemented, the applicant must submit to the Department a work plan completion
			 report together with a request that the Department issue a certificate of
			 completion. (3-24-22)
a. The completion report
			 must contain information sufficient for the Department to determine whether the
			 work plan objectives were achieved. (3-24-22)
b. The Department will, within thirty (30)
			 days of the receipt of a work plan completion report and a request for a
			 certificate of completion, notify the applicant whether the work plan
			 objectives were achieved. (3-24-22)
c. If the Department notifies the applicant
			 that the work plan objectives were not achieved, the applicant must: (3-24-22)
i. Implement the work plan to the
			 satisfaction of the Department; and (3-24-22)
ii. Resubmit the work plan completion report.
			 (3-24-22)
d. If a work
			 plan completion report demonstrates that the work plan objectives were
			 achieved, the Department will certify such facts by issuing a certificate of
			 completion. The applicant must record the certificate of completion with the
			 deed for the site on which the remediation took place. (3-24-22)
e. The Department may provide a certificate
			 of completion conditioned upon continued monitoring, recordation or maintenance
			 of institutional or engineering controls, or other continuing actions by the
			 applicant. (3-24-22)
f. Decisions
			 by the Department regarding compliance with work plan completion report
			 provisions in Subsection
			 024.03 are considered final
			 agency actions. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.18 - IDAHO LAND REMEDIATION RULES › Section 58.01.18.025 - COVENANT NOT TO SUE

Current through August 31, 2023
01.
Negotiation and Provision of Covenant
. Within thirty (30) days of
			 receipt of the Department's certificate of completion, the applicant may
			 request the Department negotiate and provide a covenant not to sue as provided
			 in Section
			 39-7207, Idaho Code. Any such
			 covenant not to sue may be conditioned upon continuing monitoring, recordation
			 or maintenance of institutional or engineering controls, or other continuing
			 actions required of the applicant pursuant to an approved work plan.
			 (3-24-22)
02.
Rescission of
			 Covenant
. The Department may rescind a covenant not to sue in accordance
			 with Section
			 39-7208, Idaho Code. If the
			 Department rescinds a covenant not to sue, it may initiate administrative or
			 judicial action as provided in Sections
			 39-7207 and
			 39-7208, Idaho Code.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.18 - IDAHO LAND REMEDIATION RULES › Section 58.01.18.026 - INSTITUTIONAL CONTROLS

Current through August 31, 2023
01.
Purpose
. (3-24-22)
a.
			 Institutional controls may be proposed by the applicant or the Department as an
			 element of the work plan. Institutional controls are measures undertaken to
			 limit or prohibit activities that may interfere with the integrity of a cleanup
			 action or result in exposure to hazardous substances or petroleum at a site.
			 Such measures may be used to assure both the continued protection of human
			 health and the environment and the integrity of a cleanup action in at least
			 the following circumstances: (3-24-22)
i.
			 Where a cleanup action results in residual concentrations of hazardous
			 substances or petroleum which exceed risk-based health standards; or
			 (3-24-22)
ii. When the Department
			 determines such controls are necessary to ensure the continued protection of
			 human health and the environment or the integrity of the cleanup action.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho State Board of Environmental Quality, pursuant to
				authority granted in Chapters 1 and 36, Title 39, Idaho Code, adopted the
				following rules for the administration of Drinking Water and Wastewater
				Planning Grant Programs in Idaho. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules will be known and cited as Rules of the Idaho
			 Department of Environmental Quality, IDAPA 58.01.22, "Rules for Administration
			 of Planning Grants for Drinking Water and Wastewater Facilities."
			 (3-31-22)
02.
Scope
.
			 The provisions of these rules will establish administrative procedures and
			 requirements for establishing, implementing and administering a state grant
			 program providing financial assistance to qualifying entities to prepare a
			 drinking water or wastewater facility planning document. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Persons may be entitled to appeal agency actions authorized
				under these rules pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules
				for Protection and Disclosure of Records." (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.004 - INCORPORATION BY REFERENCE AND AVAILABILITY OF REFERENCED MATERIAL

Current through August 31, 2023
01.
Incorporation by Reference
.
			 These rules do not contain documents incorporated by reference.
			 (3-31-22)
02.
Availability of
			 Referenced Material
. The "Customer Handbook Grants and Loans Program"
			 (Handbook) is available at the Idaho Department of Environmental Quality, Water
			 Quality Division Loan Program, 1410 N. Hilton, Boise, ID 83706-1255,
			 (208)373-0502, or
www.deq.idaho.gov
. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.005 - CONFIDENTIALITY

Current through August 31, 2023
Information obtained by the Department under these rules is
				subject to public disclosure pursuant to the provisions of Chapter 1, Title 74,
				Idaho Code, and IDAPA 58.01.21, "Rules Governing the Protection and Disclosure
				of Records in the Possession of the Idaho Department of Environmental Quality."
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.006 - POLICY

Current through August 31, 2023
It is the policy of the Idaho Board of Environmental Quality,
				through the Idaho Department of Environmental Quality, to administer the
				Drinking Water and Wastewater Grant Programs. The Drinking Water and Wastewater
				Grant Programs provide assistance to eligible public drinking water and
				wastewater systems for the planning of facilities to help ensure safe and
				adequate supplies of drinking water and appropriate processing and disposal of
				wastewater. It is the intent of the Idaho Board of Environmental Quality to
				assign a priority rating to those projects to facilitate the compliance of any
				eligible public drinking water system with national primary drinking water
				regulations applicable to the system, IDAPA 58.01.08, "Idaho Rules for Public
				Drinking Water Systems," and the Safe Drinking Water Act,
				42 U.S.C. Sections
				300f et seq., and to administer the
				Wastewater Treatment Facility Grant Program to protect and enhance the quality
				and value of the water resources of the state of Idaho by financially assisting
				in the prevention, control and abatement of water pollution in accordance with
				IDAPA 58.01.16, Wastewater Rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.007 - SYSTEM ELIGIBILITY

Current through August 31, 2023
01.
Eligible
			 Drinking Water Systems
. Community water systems and nonprofit
			 noncommunity water systems. (3-31-22)
02.
Eligible Wastewater Systems
.
			 Any county, city, special service district, nonprofit corporation, or other
			 governmental entity, or a combination thereof, having authority to collect,
			 treat or dispose of wastewater. (3-31-22)
03.
Systems Not Eligible
. The
			 following systems will not be considered eligible for project planning grants:
			 (3-31-22)
a. Systems that do not have the
			 financial capability to pay their non-grant share of a planning project.
			 (3-31-22)
b. Systems delinquent in
			 payment of the annual state drinking water fee, Idaho Pollutant Discharge
			 Elimination System (IPDES) permit assessments or state revolving fund loan
			 repayments. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.010 - DEFINITIONS

Current through August 31, 2023
For the purpose of the rules contained in this chapter, the
				following definitions apply: (3-31-22)
01.
Applicant
. Any qualifying
			 entity making application for planning grant funds. (3-31-22)
02.
Board
. The Idaho Board of
			 Environmental Quality. (3-31-22)
03.
Categorical Exclusion (CE)
.
			 Category of actions which do not individually or cumulatively have a
			 significant effect on the human environment and for which, therefore, neither
			 an environmental information document nor an environmental impact statement is
			 required. (3-31-22)
04.
Collector Sewer
. That portion of the wastewater treatment facility
			 whose primary purpose is to receive sewage from individual residences and other
			 individual public or private structures and which is intended to convey
			 wastewater to an interceptor sewer or a treatment plant. (3-31-22)
05.
Community Water System
. A
			 public drinking water system that: (3-31-22)
a. Serves at least fifteen (15) service
			 connections used by year round residents of the area served by the system; or
			 (3-31-22)
b. Regularly serves at
			 least twenty-five (25) year-round residents. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.020 - PRIORITY RATING SYSTEM

Current through August 31, 2023
Projects are identified for placement on priority lists by
				surveying eligible entities directly on an annual basis. Grant funds are
				awarded to projects based on priority ratings. Projects are rated by the
				Department on a standard priority rating form using public health,
				sustainability, and water quality criteria and condition of the existing
				system. (3-31-22)
01.
Purpose
. A priority rating system shall be utilized by the
			 Department to annually allot available funds to projects determined eligible
			 for funding assistance in accordance with these rules. (3-31-22)
02.
Priority Rating for Drinking Water
			 Systems
. The priority rating system shall be based on a numerical point
			 system. Priority criteria shall contain the following points: (3-31-22)
a. Public Health Hazard. Any condition which
			 creates, or may create, a danger to the consumer's health, which may include
			 any one (1) or more of the following, may be awarded a maximum of one hundred
			 (100) points: (3-31-22)
i. Documented
			 unresolved violations of the primary drinking water standards including maximum
			 contaminant levels, action levels, and treatment techniques (to include maximum
			 contaminant levels for acute and chronic contaminates); (3-31-22)
ii. Documented unresolved violations of
			 pressure requirements; (3-31-22)
iii. Documented reduction in source capacity
			 that impacts the system's ability to reliably serve water; (3-31-22)
iv. Documented significant deficiencies
			 (e.g., documented in a sanitary survey) in the physical system that is causing
			 the system to not be able to reliably serve safe drinking water.
			 (3-31-22)
v. Documented unregulated
			 contaminants that have been shown to be a hazard to public health.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.031 - REVIEW AND EVALUATION OF GRANT APPLICATIONS

Current through August 31, 2023
01.
Submission of Application
. Those eligible systems which received
			 high priority ranking shall be invited to submit an application. The applicant
			 shall submit to the Department, a completed application in a form prescribed by
			 the Department. (3-31-22)
02.
Application Requirements
. Applications shall contain the following
			 documentation, as applicable: (3-31-22)
a. An
			 authorizing resolution passed by a majority of the governing body authorizing
			 an elected official or officer of the qualifying entity to commit funding; and
			 (3-31-22)
b. Contracts for
			 engineering services or other technical services and the description of costs
			 and tasks set forth therein shall be in sufficient detail for the Department to
			 determine whether the costs associated with the tasks are eligible costs
			 pursuant to Section 032; and
			 (3-31-22)
c. A plan of study
			 describing the work tasks to be performed in the planning document, a schedule
			 for completion of the work tasks and an estimate of staff hours and costs to
			 complete the work tasks; and (3-31-22)
d. Justification for the engineering firm
			 selected. An engineering firm selected by the applicant must at a minimum:
			 (3-31-22)
i. Be a registered professional
			 engineer currently licensed by the Idaho Board of Professional Engineers and
			 Land Surveyors; and (3-31-22)
ii.
			 Not be debarred or otherwise prevented from providing services under another
			 federal or state financial assistance program; and (3-31-22)
iii. Be covered by professional liability
			 insurance in accordance with Subsection
			 050.05.d. A certification of
			 liability insurance shall be included in the application; and
			 (3-31-22)
e. A
			 description of other costs, not included in the contracts for engineering or
			 other technical services, for which the applicant seeks funding. The
			 description of the costs and tasks for such costs must be in sufficient detail
			 for the Department to determine whether the costs are eligible costs pursuant
			 to Section 032; and (3-31-22)
f. A demonstration that the obligation to pay
			 the costs for which funding is requested, is the result or will be the result
			 of the applicant's compliance with applicable competitive bidding requirements
			 and requirements for professional service contracts, including without
			 limitation, the requirements set forth in Sections
			 67-2801 et seq., 67-2320, 59-1026,
			 and 42-3212, Idaho Code; and (3-31-22)
g. A statement regarding how the non-grant
			 portion of the project will be funded; and (3-31-22)
h. For incorporated nonprofit applicants
			 only, Articles of Incorporation and/or Bylaws showing nonprofit and
			 incorporated status according to Chapter 3, Title 30, Idaho Code.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.032 - DETERMINATION OF ELIGIBILITY OF COSTS

Current through August 31, 2023
The Department will review the application, including any
				contracts required to be submitted with the application, to determine whether
				the costs are eligible costs for funding. (3-31-22)
01.
Eligible Costs
. Eligible
			 costs are those determined by the Department to be: (3-31-22)
a. Necessary costs; (3-31-22)
b. Reasonable costs; and (3-31-22)
c. Costs that are not ineligible as described
			 in Subsection 032.05.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.040 - ENVIRONMENTAL REVIEW

Current through August 31, 2023
01.
Environmental Documentation
. The grant recipient may complete an
			 environmental review as part of and in conjunction with a planning document.
			 Guidance on how to complete an environmental review may be found in the
			 Handbook. If the grant recipient prepares an environmental review, then the
			 Department will be consulted at an early stage in the preparation of the
			 planning document to determine the required level of environmental review.
			 Based on review of existing information and assessment of environmental
			 impacts, the grant recipient may complete at least one (1) of the following:
			 (3-31-22)
a. Submit a request for Categorical
			 Exclusion (CE) with supporting backup documentation as specified by the
			 Department; (3-31-22)
b. Prepare an
			 Environmental Information Document (EID) in a format specified by the
			 Department; or (3-31-22)
c. Prepare
			 an Environmental Impact Statement (EIS) in a format specified by the
			 Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.060 - PAYMENTS

Current through August 31, 2023
01.
Eligibility Determination
.
			 Grant funds will only be provided for eligible costs as defined at Section
			 010 and determined in accordance
			 with Section 032.
			 (3-31-22)
02.
Payments for
			 State Grants
. Requests for payment shall be submitted to the Department
			 on a form provided by the Department. The Department will pay for those costs
			 that are determined to be eligible. (3-31-22)
03.
Grant Increases
. Grant
			 amendment increase requests as a result of an increase in eligible project
			 costs will be considered, provided funds are available. Documentation and
			 justification supporting the unavoidable need for a grant increase must be
			 submitted to the Department for approval prior to incurring any costs above the
			 approved eligible cost ceiling. (3-31-22)
04.
Grant Decreases
. If the
			 actual eligible cost is determined to be lower than the estimated eligible cost
			 the grant amount will be reduced proportionately. (3-31-22)
05.
Final Project Review to Determine
			 Actual Eligible Costs
. The Department may conduct a final project review
			 to determine the actual eligible costs. The financial records of the grant
			 recipient may be reviewed by the Department. (3-31-22)
06.
Final Payment
. The final
			 payment consisting of five percent (5%) of the total state grant will not be
			 made until the requirements contained in the grant agreement have been
			 satisfied. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.070 - SUSPENSION OR TERMINATION OF GRANT

Current through August 31, 2023
01.
Causes
. The Director may suspend or terminate any grant for
			 failure by the grantee or its agents, including his engineering firm(s),
			 contractor(s) or subcontractor(s) to perform. A grant may be suspended or
			 terminated for good cause including, but not limited to, the following:
			 (3-31-22)
a. Commission of fraud,
			 embezzlement, theft, forgery, bribery, misrepresentation, conversion,
			 malpractice, misconduct, malfeasance, misfeasance, falsification or unlawful
			 destruction of records, or receipt of stolen property, or any form of tortious
			 conduct; or (3-31-22)
b. Commission
			 of any crime for which the maximum sentence includes the possibility of one (1)
			 or more years imprisonment or any crime involving or affecting the project; or
			 (3-31-22)
c. Violation(s) of any
			 term of agreement of the grant offer or contract agreement; or
			 (3-31-22)
d. Any willful or serious
			 failure to perform within the scope of the project; or (3-31-22)
e. Debarment of an engineering firm,
			 contractor or subcontractor for good cause by any federal or state agency from
			 working on public work projects funded by that agency.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.080 - WAIVERS

Current through August 31, 2023
Waivers from the requirements of these rules may be granted by
				the Department on a case-by-case basis upon full demonstration that a
				significant public health hazard exists. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under Sections
				39-105,
				39-107,
				67-5206, and
				74-114(8), Idaho
				Code, the Idaho Legislature has granted the Board of Environmental Quality the
				authority to promulgate these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 58.01.23, "Contested Case
			 Rules and Rules for Protection and Disclosure of Records." (3-31-22)
02.
Scope
. These rules establish
			 general standards for contested case proceedings and procedures to safeguard
			 trade secrets. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.002 - RULES FOR CONTESTED CASES

Current through August 31, 2023
01.
Purpose
. The purpose of Sections
			 002 through
			 730 is to provide procedures for
			 contested cases as required under Idaho Code §
								39-107. (3-31-22)
02.
Applicability
. Any person
			 aggrieved by an action or inaction of the Department may file a petition to
			 initiate a contested case pursuant to Chapter 52, Title 67, Idaho Code. These
			 rules govern such proceedings, except that Idaho Pollutant Discharge
			 Elimination System permit decisions are governed by IDAPA 58.01.25, "Rules
			 Regulating the Idaho Pollutant Discharge Elimination System Program," Section
			 204. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.003 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL

Current through August 31, 2023
For purposes of contested case procedures, other than
				specifically provided for in these rules, refer to IDAPA 04.11.01, "Idaho Rules
				of Administrative Procedure of the Attorney General," which include, but are
				not limited to, the following sections: (3-31-22)
01.
Liberal Construction
.
			 Section 052;
			 (3-31-22)
02.
Computation of
			 Time
. Section 056;
			 (3-31-22)
03.
Substitution,
			 Withdrawal of Representative
. Section
			 205; (3-31-22)
04.
Defective, Insufficient or Late
			 Pleadings
. Section
			 304; (3-31-22)
05.
Amendment, Withdrawal -
			 Pleadings
. Section
			 305; (3-31-22)
06.
Intervention
. Sections
			 350,
			 351 and
			 354; (3-31-22)
07.
Disqualification of Hearing
			 Officers
. Section
			 412; (3-31-22)
08.
Scope of Authority of Hearing
			 Officers
. Section
			 413; (3-31-22)
09.
Ex Parte Communications
.
			 Section 417;
			 (3-31-22)
10.
Prehearing
			 Conference
. Sections
			 510 - 514; (3-31-22)
11.
Discovery-Related Prehearing
			 Procedures
. Sections
			 520 - 532; (3-31-22)
12.
Hearings
. Sections
			 550 - 566; (3-31-22)
13.
Evidence
. Sections
			 600 - 606; (3-31-22)
14.
Settlements
. Sections
			 610 - 614; (3-31-22)
15.
Record of Decision
. Sections
			 650 - 651; (3-31-22)
16.
Defaults
. Sections
			 700 - 702; (3-31-22)
17.
Interlocutory Orders
.
			 Sections 710 - 711; (3-31-22)
18.
Final Orders
. Section
			 740; (3-31-22)
19.
Orders Not Designated
.
			 Section 750;
			 (3-31-22)
20.
Modification of
			 Orders
. Section
			 760; (3-31-22)
21.
Clarification of Orders
.
			 Section 770; and
			 (3-31-22)
22.
Stay of
			 Orders
. Section
			 780. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.005 - DEFINITIONS

Current through August 31, 2023
The terms "board," "department," and "director" have the
				meaning provided for those terms in Section
				39-103, Idaho Code. The terms
				"contested case," "order," "party," and "person" have the meaning provided for
				those terms in Section
				67-5201, Idaho Code.
				(3-31-22)
01.
Aggrieved Person
			 or Person Aggrieved
. Any person or entity with legal standing to
			 challenge an action or inaction of the Department, including but not limited to
			 permit holders and applicants for permits challenging Department permitting
			 actions. (3-31-22)
02.
Petition
. The pleading initiating a contested case.
			 (3-31-22)
03.
Pleadings
. Documents filed in a contested case.
			 (3-31-22)
04.
Presiding
			 Officer(s)
. One (1) member of the board or a duly appointed hearing
			 officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.008 - FILING AND SERVICE OF DOCUMENTS

Current through August 31, 2023
01.
Filing of
			 Documents
. (3-31-22)
a. All documents
			 must be filed with the hearing coordinator and may be filed by email, U.S.
			 mail, hand-delivery, or fax. The hearing coordinator assigns case docket
			 numbers, maintains case records, and issues notices on behalf of the Board.
			 Information for filing documents is available at
http://deq.idaho.gov/public-information/laws-guidance-and-orders/petitions-for-review-and-precedential-orders/
.
			 (3-31-22)
b. Upon receipt of a
			 petition initiating a contested case, the hearing coordinator will: (3-31-22)
i. Provide confirmation of filing date to the
			 originating party; (3-31-22)
ii.
			 Serve the petition upon the Department; and (3-31-22)
iii. In any proceeding involving a permit,
			 serve upon the permit applicant or permit holder the petition and a notice
			 informing the permit applicant or permit holder that they have twenty-one (21)
			 days after the date of service of the petition to intervene in the proceeding
			 and that they may be bound by any decision rendered in the proceeding.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.020 - FORM OF PLEADINGS

Current through August 31, 2023
A pleading template for documents to be filed in a contested
				case is available at
https://www.deq.idaho.gov/public-information/laws-guidance-and-orders/petitions-for-review-and-precedential-orders/
.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.021 - PROOF OF SERVICE

Current through August 31, 2023
Every document meeting the conditions for service set out in
				Subsection 008.02 of these rules must be
				accompanied by proof of service. A certificate of service template is available
				at
https://www.deq.idaho.gov/public-information/laws-guidance-and-orders/petitions-for-review-and-precedential-orders/
.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.040 - INITIAL PLEADING BY PARTY - LISTING OF REPRESENTATIVES

Current through August 31, 2023
The initial pleading of each party must name the party's
				representative(s) for service and state the representative's(s') address(es)
				for purposes of receipt of all official documents. No more than two (2)
				representatives for service of documents may be listed in an initial pleading.
				Service of documents on the named representative(s) is valid service upon the
				party for all purposes in that proceeding. If no person is explicitly named as
				the party's representative, the person signing the pleading will be considered
				the party's representative. If an initial pleading is signed by more than one
				(1) person without identifying the representative(s) for service of documents,
				the presiding officer may select the person(s) upon whom documents are to be
				served. If two (2) or more parties or persons file identical or substantially
				like initial pleadings, the presiding officer may limit the number of parties
				or persons to be served with official documents in order to expedite the
				proceeding and reasonably manage the burden of service upon the parties.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.041 - REPRESENTATION OF PARTIES

Current through August 31, 2023
The representatives of the parties, and no other persons, are
				entitled to examine witnesses at a hearing or to make or argue motions. Unless
				otherwise authorized by law: (3-31-22)
01.
Natural Person
. A natural
			 person may represent himself or herself or be represented by an attorney or, if
			 the person lacks full legal capacity to act for himself or herself, then by a
			 legal guardian or guardian ad litem or representative of an estate;
			 (3-31-22)
02.
General
			 Partnership
. A general partnership may be represented by a partner or an
			 attorney; and (3-31-22)
03.
Represented by Attorney
. The following must be represented by an
			 attorney: (3-31-22)
a. A corporation, or any
			 other business entity other than a general partnership; (3-31-22)
b. A municipal corporation, local government
			 agency, unincorporated association or nonprofit organization; and
			 (3-31-22)
c. A state, federal or
			 tribal governmental entity or agency (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.042 - PUBLIC NOTICE OF PETITION

Current through August 31, 2023
Within fourteen (14) days of the date a petition is filed with
				the Board, the Board will give reasonable notice to the public. The methods for
				giving notice will include, at a minimum, the following: (3-31-22)
01.
Publication
. Publish a
			 one-time legal notice in the newspaper of general circulation in the county in
			 which the petitioner resides or in which the facility or other subject of the
			 petition is located and post the petition on the agency's website at
http://deq.idaho.gov/public-information/laws-guidance-and-orders/petitions-for-review-and-precedential-orders/
.
			 The legal notice will describe the nature of the action initiated by the filing
			 of the petition and will include the date the petition was filed, the deadline
			 for filing petitions to intervene, and a method by which interested persons may
			 obtain a copy of the petition; and (3-31-22)
02.
Mail
. Deliver via email, or
			 First Class U.S. mail if email address is not available, a copy of the legal
			 notice prepared in accordance with Subsection
			 042.01 of these rules to persons
			 on any mailing list developed by the Department relating to the subject matter
			 of the petition. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.060 - TIME PERIOD FOR FILING PETITION

Current through August 31, 2023
Unless provided in Idaho Code or a rule administered by the
				Department, the petition must be filed thirty-five (35) days from the date of
				the action or inaction of the Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.061 - STAY OF DEPARTMENT ACTIONS

Current through August 31, 2023
An action or inaction of the Department, or any portion
				thereof, which is the subject of a proceeding governed by these rules, is not
				stayed unless, upon a motion filed by a party, it is so ordered by the
				presiding officer upon appropriate terms. This section does not apply to
				Department action governed by Section
				67-5254(1), Idaho
				Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.062 - PETITIONER HAS BURDEN OF PROOF

Current through August 31, 2023
Unless otherwise provided by statute, the petitioner has the
				burden of proving by a preponderance of the evidence, the allegations in the
				petition. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.063 - DISMISSAL OF INACTIVE CASES

Current through August 31, 2023
In the absence of a showing of good cause for retention, any
				case in which no action has been taken for a period of six (6) months will be
				dismissed. At least fourteen (14) days prior to such dismissal, the notice of
				the pending dismissal will be served on all parties by mailing the notice to
				the last known addresses most likely to give notice to the parties.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.160 - PETITION

Current through August 31, 2023
The petition must:
01.
Contents
. (3-31-22)
a. Fully
			 state the facts upon which it is based, including the specific alleged action
			 or inaction of the Department; (3-31-22)
b. Refer to the particular provisions of
			 statute, rule, order or other controlling law upon which it is based. Legal
			 assertions will be accompanied by citations of cases and statutory provisions;
			 (3-31-22)
c. State the relief
			 sought; and (3-31-22)
d. State the
			 basis for the petitioner's legal standing to initiate the contested case; and
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.161 - RESPONSE

Current through August 31, 2023
The response must: (3-31-22)
01.
Content
. (3-31-22)
a. Separately admit or deny to each factual
			 averment in the petition; (3-31-22)
b. Separately admit or deny the applicability
			 of each legal authority asserted in the petition; (3-31-22)
c. Fully state any additional facts necessary
			 to the decision of the contested case; (3-31-22)
d. Refer to any additional provisions of
			 statute, rule, order or other controlling law upon which it is based. Legal
			 assertions will be accompanied by citations of cases and statutory provisions;
			 and (3-31-22)
e. State the relief
			 sought; and (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.162 - MOTIONS

Current through August 31, 2023
01.
Defined
. All pleadings
			 requesting the Board or presiding officer to take any action in a contested
			 case, except petitions, are called "motions." Motions include, but are not
			 limited to, those allowed by the Idaho Rules of Civil Procedure.
			 (3-31-22)
02.
Procedure on
			 Prehearing Motions
. The presiding officer may consider and decide
			 prehearing motions with or without oral argument or hearing. If oral argument
			 or hearing on a motion is requested and denied, the presiding officer will
			 state the grounds for denying the request. Unless otherwise provided by the
			 presiding officer, motions for summary judgment are governed by the Idaho Rules
			 of Civil Procedure, including the form, standard for determining, procedure and
			 time frames for filing and responding. For any other motion, unless otherwise
			 provided by the presiding officer, when a motion has been filed, all parties
			 seeking similar substantive or procedural relief must join in the motion or
			 file a similar motion within seven (7) days after receiving the original
			 motion. The party(ies) responding to the motion(s) will have fourteen (14) days
			 to respond. The presiding officer may allow an opportunity for the movant to
			 file a reply brief. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.352 - TIMELY FILING OF PETITIONS TO INTERVENE

Current through August 31, 2023
01.
General
.Petitions to intervene must be filed within fourteen (14)
			 days of publication of the notice of filing of the petition initiating a
			 contested case as provided in Section
			 042 of these rules unless a
			 different time is provided by order or notice. (3-31-22)
02.
Proceedings Involving a
			 Permit
. Petitions to intervene by the permit applicant or permit holder
			 must be filed within twenty-one (21) days after service of the initiating
			 petition as provided in Subsection
			 008.01.b.iii. of these
			 rules. (3-31-22)
03.
Petitions Not Timely Filed
. The presiding officer may deny or
			 conditionally grant a petition to intervene if the petition is not timely filed
			 and does not state good cause for untimely filing, or if granting the petition
			 unconditionally would cause disruption, prejudice to existing parties or undue
			 broadening of the issues, or for other reasons. Intervenors are bound by orders
			 and notices entered earlier in the proceeding. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.353 - GRANTING PETITIONS TO INTERVENE

Current through August 31, 2023
01.
General
. If a timely petition to intervene shows direct and
			 substantial interest in any part of the subject matter of a proceeding, does
			 not unduly broaden the issues, and will not cause delay or prejudice to the
			 parties, the presiding officer may grant intervention, subject to reasonable
			 conditions. In addition, upon timely filing of a petition in accordance with
			 Subsection 352.02 of these rules, a permit
			 applicant or permit holder may intervene as a matter of right in any contested
			 case in which the permit is contested. (3-31-22)
02.
Intervenor Response
. Within
			 fourteen (14) days of the service date of the order granting the petition to
			 intervene, the intervenor must file a response to the petition initiating the
			 contested case and include the content in Subsection
			 161.01 of these rules.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.410 - BOARD MEMBERS AS PRESIDING OFFICERS, APPOINTMENT OF HEARING OFFICERS

Current through August 31, 2023
One (1) member of the Board may act as the presiding officer.
				The Board may appoint a hearing officer to act as the presiding officer on
				behalf of the Board. The hearing coordinator will administer the appointment of
				the hearing officer. Notice of appointment of a hearing officer or notice of a
				Board member who will act as presiding officer will be served on all parties.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.720 - RECOMMENDED ORDERS

Current through August 31, 2023
01.
Board
			 Reviews
. A recommended order is an order issued by the presiding officer
			 that will become a final order only after review by the Board pursuant to
			 Section 67-5244, Idaho Code. A recommended
			 order that becomes a final order is a final agency action and may be subject to
			 judicial review pursuant to Section
			 39-107(6), Idaho
			 Code. (3-31-22)
02.
Content
. Every recommended order will include a schedule for Board
			 review and contain the following paragraphs: (3-31-22)
a. This is a recommended order of the
			 presiding officer and will not become final without action of the Board.; and
			 (3-31-22)
b. The Board will allow
			 all parties an opportunity to file briefs in support or taking exceptions to
			 the recommended order and may schedule oral argument in the matter before
			 issuing a final order. The hearing coordinator will issue a notice setting out
			 the briefing schedule and date and time for oral argument. The Board will issue
			 a final order within fifty-six (56) days of receipt of the written briefs or
			 oral argument, whichever is later, unless waived or extended by the parties or
			 for good cause shown. The Board may hold additional hearings or may remand the
			 matter for further evidentiary hearings if further factual development of the
			 record is necessary before issuing a final order. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.730 - PRELIMINARY ORDERS

Current through August 31, 2023
01.
Board May
			 Review
. A preliminary order is an order issued by the presiding officer
			 that will become a final order unless reviewed by the Board pursuant to Section
			 67-5245, Idaho Code. A preliminary
			 order that becomes a final order is a final agency action and may be subject to
			 judicial review pursuant to Section
			 39-107(6), Idaho
			 Code. (3-31-22)
02.
Content
. Every preliminary order will contain the following
			 paragraphs: (3-31-22)
a. This is a
			 preliminary order of the presiding officer and will become final without
			 further action of the Board unless any party appeals to the Board by filing a
			 petition for review of the preliminary order; and (3-31-22)
b. Within fourteen (14) days of the service
			 date of this preliminary order, any party may take exceptions to any part of
			 this preliminary order by filing a petition for review of the preliminary
			 order. Otherwise, this preliminary order will become a final order of the
			 Board. The basis for review must be stated in the petition. The Board may
			 review the preliminary order on its own motion. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS › Section 58.01.23.900 - RULES FOR PROTECTION AND DISCLOSURE OF RECORDS IN THE POSSESSION OF THE DEPARTMENT

Current through August 31, 2023
The purpose of Section
				900 is to provide measures to
				safeguard trade secrets as required under Section
				74-114(8), Idaho
				Code. (3-31-22)
01.
Safeguarding
			 of Trade Secret Information.
(3-31-22)
a. No Department officer or employee may
			 disclose any information subject to a trade secret claim except as specifically
			 mandated by statute. (3-31-22)
b.
			 Access to information subject to a trade secret claim by Department employees,
			 contractors, or other representatives will be limited to access necessary to
			 carry out duties on behalf of the Department. (3-31-22)
c. Any information subject to a trade secret
			 claim and received by the Department will be placed in a clearly marked,
			 confidential section of the file. (3-31-22)
d. The Department will train all new
			 employees, and periodically train existing employees, in the proper filing,
			 tracking and physical handling of records subject to a trade secret claim, and
			 in the procedures established by these rules, Section
			 74-114, Idaho Code, and any
			 relevant policies adopted by the Department. Training will be as frequent and
			 extensive as deemed necessary by the Director. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.24 - STANDARDS AND PROCEDURES FOR APPLICATION OF RISK BASED CORRECTIVE ACTION AT PETROLEUM RELEASE SITES › Section 58.01.24.000 - LEGAL AUTHORITY

Current through August 31, 2023
Chapters 1, 36, 44, 72 and 74, Title 39, Idaho Code grant
				authority to the Board of Environmental Quality to adopt rules and administer
				programs to protect public health and the environment, including the protection
				of surface water, ground water, and drinking water quality. (3-31-22)