reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.201 - MODIFICATION, OR REVOCATION AND REISSUANCE OF IPDES PERMITS

Current through August 31, 2023
01.
Procedures to Modify, or Revoke and
			 Reissue Permits
. (3-24-22)
a. Permits
			 may be modified, or revoked and reissued either at the request of any
			 interested person (including the permittee) or upon the Department's
			 initiative. However, permits may only be modified or revoked and reissued for
			 the reasons specified in Subsection
			 201.02. All requests shall be in
			 writing and shall contain facts or reasons supporting the request.
			 (3-24-22)
b. If the Department
			 tentatively decides to modify or revoke and reissue a permit, the Department
			 shall prepare a draft permit under Section
			 108 (Draft Permit and Fact Sheet),
			 incorporating the proposed changes. (3-24-22)
i. The Department may request additional
			 information and, in the case of a modified permit, may require the submission
			 of an updated application. If the tentative decision is to revoke and reissue a
			 permit, the Department shall require the submission of a new application.
			 (3-24-22)
ii. In a permit
			 modification under this section, only those conditions to be modified shall be
			 reopened when a new draft permit is prepared. All other aspects of the existing
			 permit shall remain in effect for the duration of the unmodified permit.
			 (3-24-22)
iii. When a permit is
			 revoked and reissued under this section, the entire permit is reopened just as
			 if the permit had expired and was being reissued. During any revocation and
			 reissuance proceeding, the permittee shall comply with all conditions of the
			 existing permit until a new final permit is reissued. (3-24-22)
iv. Minor modifications, as defined in
			 Subsection 201.03, do not require the
			 development of a draft permit, fact sheet, nor must minor modifications be
			 subjected to public notification and comment.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.202 - TRANSFER OF IPDES PERMITS

Current through August 31, 2023
01.
Transfers
			 by Modification
. Except as provided in Subsection
			 202.02, a permit may be
			 transferred by the permittee to a new owner or operator only if the permit has
			 been modified or revoked and reissued under Subsection
			 201.02.d., or a minor
			 modification made under Subsection
			 201.03, to identify the new
			 permittee and incorporate such other requirements as may be necessary under the
			 Clean Water Act. (3-24-22)
02.
Automatic Transfers
. As an alternative to transfers by
			 modification, any IPDES permit may be automatically transferred to a new
			 permittee if: (3-24-22)
a. The current
			 permittee notifies the Department at least thirty (30) days in advance of the
			 proposed transfer date; (3-24-22)
b. The notice includes a written agreement
			 between the existing and new permittees containing a specific date for transfer
			 of permit responsibility, coverage, and liability between the current and new
			 permittee; and (3-24-22)
c. The
			 Department does not notify the existing permittee and the proposed new
			 permittee of its intent to modify or revoke and reissue the permit. A
			 modification under this subsection may also be a minor modification under
			 Subsection 201.03. If this notice is not
			 received, the transfer is effective on the date specified in the agreement.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.203 - TERMINATION OF IPDES PERMITS

Current through August 31, 2023
01.
Request
			 to Terminate or Termination Initiated by the Department
. Permits may be
			 terminated either at the request of any interested person (including the
			 permittee) or upon the Department's own initiative. However, permits may only
			 be terminated for the reasons specified in Subsection
			 203.03 or
			 203.04. (3-24-22)
a. Request for termination by persons other
			 than the permittee must be submitted in writing to the Department.
			 (3-24-22)
b. As of December 21,
			 2020, all NOTs submitted in compliance with this section must be submitted
			 electronically by the permittee to the Department in compliance with this
			 section and 40 CFR Part 127 unless waived pursuant to
			 40 CFR
			 127.15. 40 CFR Part 127 is not intended to
			 undo existing requirements for electronic reporting. Prior to this date, and
			 independent of 40 CFR Part 127 , the permittee may be required to report
			 electronically if specified by a particular permit.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.204 - APPEALS PROCESS

Current through August 31, 2023
01.
Petition
			 for Review of a Permit Decision
. Appeal of a final IPDES permit
			 decision, issued under Section
			 107 (Decision Process), to the
			 Hearing Authority is commenced by filing a Petition for Review with the
			 Department's Hearing Coordinator within the time prescribed in Subsection
			 204.01.b. The "Hearing
			 Authority" shall be a Hearing Officer appointed by the Director from a pool of
			 Hearing Officers approved by the Board. (3-24-22)
a. Any person who is aggrieved by the final
			 permit decision may file a Petition for Review as provided in this section. A
			 person aggrieved is limited to the permit holder or applicant, and any person
			 or entity who filed comments or who participated in the public meeting on the
			 draft permit. (3-24-22)
b. A
			 Petition for Review must be filed with the Department's Hearing Coordinator
			 within twenty-eight (28) days after the Department serves notice of the final
			 permit decision under Section
			 107 (Decision Process). A petition
			 is filed when it is received by the Department's Hearing Coordinator at the
			 address specified in Subsection
			 204.13. (3-24-22)
c. In addition to meeting the requirements in
			 Subsection 204.06, a Petition for Review
			 must: (3-24-22)
i. Be confined to the issues
			 raised during the public comment process or to changes made to the permit by
			 the Department after the close of the public comment period;
			 (3-24-22)
ii. Identify the permit
			 condition or other specific aspect of the permit decision that is being
			 challenged; (3-24-22)
iii. Set
			 forth the legal and factual basis for the petitioner's contentions;
			 (3-24-22)
iv. Set forth the relief
			 sought; and (3-24-22)
v. Set forth
			 the basis for asserting that the petitioner is an aggrieved person.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.205 - CONTESTED PERMIT CONDITIONS

Current through August 31, 2023
01.
Force and
			 Effect of Conditions
. As provided in Subsection
			 206.01, if an appeal of a permit
			 decision is filed under Section
			 204 (Appeals Process), the force
			 and effect of the contested conditions of the permit are stayed until final
			 Department action. The Department must notify the discharger and all interested
			 parties of the uncontested conditions of the permit that are enforceable
			 obligations of the discharger in accordance with Subsection
			 206.01.c. (3-24-22)
02.
Control Technologies
. When
			 effluent limitations are contested, but the underlying control technology is
			 not, the notice must identify the installation of the technology in accordance
			 with the permit compliance schedules as an uncontested, enforceable obligation
			 of the permit. (3-24-22)
03.
Combination of Technologies
. When a combination of technologies is
			 contested, but a portion of the combination is not contested, that portion must
			 be identified as uncontested if compatible with the combination of technologies
			 proposed by the requester. (3-24-22)
04.
Inseverable Conditions
.
			 Uncontested conditions, if inseverable from a contested condition, must be
			 considered contested. (3-24-22)
05.
Enforceable Dates
. Uncontested conditions become enforceable
			 thirty (30) days after the date of notice under Subsection
			 205.01. (3-24-22)
06.
Uncontested Conditions
.
			 Uncontested conditions include: (3-24-22)
a.
			 Preliminary design and engineering studies or other requirements necessary to
			 achieve the final permit conditions which do not entail substantial
			 expenditures; and (3-24-22)
b.
			 Permit conditions which will have to be met regardless of the outcome of the
			 appeal under Section 204 (Appeals
			 Procedure). (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.206 - STAYS OF CONTESTED PERMIT CONDITIONS

Current through August 31, 2023
01.
Stays
. (3-24-22)
a. If a Petition
			 for Review of an IPDES permit under Section
			 204 (Appeals Process) is filed, the
			 effect of the contested permit conditions are stayed pending final Department
			 action. Uncontested permit conditions are stayed only until the date specified
			 in Subsection 206.01.b. If the permit
			 involves a new facility or new injection well, new source, new discharger or a
			 recommencing discharger, the applicant will not be issued a permit for the
			 proposed new facility, injection well, source or discharger pending final
			 Department action. (3-24-22)
b.
			 Uncontested conditions which are not severable from those contested are stayed
			 together with the contested conditions. The Department must identify the stayed
			 provisions of permits for existing facilities, injection wells, and sources.
			 All other provisions of the permit for the existing facility, injection well,
			 or source become fully effective and enforceable thirty (30) days after the
			 date of the notification required in Subsection
			 206.01.c. (3-24-22)
c. As soon as possible after receiving
			 notification from the Hearing Coordinator of the filing of a Petition for
			 Review, the Department must notify the Hearing Authority, the applicant, and
			 all other parties of the uncontested (and severable) conditions of the final
			 permit that will become fully effective enforceable obligations of the permit
			 as of the date specified in Subsection
			 206.01.b., and the notice must
			 comply with the requirements of Section
			 205 (Contested Permit Conditions).
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.300 - CONDITIONS APPLICABLE TO ALL PERMITS

Current through August 31, 2023
The following conditions apply to all IPDES permits. Additional
				conditions applicable to IPDES permits are in Sections
				301 (Permit Conditions for Specific
				Categories), 302 (Establishing Permit Provisions), and
				40 CFR
				122.42(e). All conditions
				applicable to IPDES permits will be incorporated into the permits either
				expressly or by reference. If incorporated by reference, a specific citation
				must be given in the permit. (3-24-22)
01.
Duty to Comply
. The
			 permittee must comply with all conditions of the permit. (3-24-22)
a. Any permit noncompliance constitutes a
			 violation of Idaho law, the Clean Water Act, and is grounds for: (3-24-22)
i. Enforcement action; (3-24-22)
ii. Permit termination, revocation and
			 reissuance, or modification; or (3-24-22)
iii. Denial of a permit renewal application.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.301 - PERMIT CONDITIONS FOR SPECIFIC CATEGORIES

Current through August 31, 2023
In addition to conditions set forth in Section
				300 (Conditions Applicable to all
				Permits), conditions identified in this section apply to all IPDES permits
				within the categories specified below. (3-24-22)
01.
Existing Manufacturing, Commercial,
			 Mining, and Silvicultural Dischargers
. In addition to the reporting
			 requirements under Subsection
			 300.12, all existing
			 manufacturing, commercial, mining, and silvicultural dischargers must notify
			 the Department as soon as they know or have reason to believe: (3-24-22)
a. That any activity has occurred or will
			 occur which would result in the discharge, on a routine or frequent basis, of
			 any toxic pollutant which is not limited in the permit if that discharge will
			 exceed the highest of the following notification levels: (3-24-22)
i. One hundred micrograms per liter (100
			 pg/L); (3-24-22)
ii. Two hundred
			 micrograms per liter (200 pg/L) for acrolein and acrylonitrile;
			 (3-24-22)
iii. Five hundred
			 micrograms per liter (500 pg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-
			 dinitrophenol; and (3-24-22)
iv.
			 One milligram per liter (1 mg/L) for antimony; (3-24-22)
v. Five (5) times the maximum concentration
			 value reported for that pollutant in the permit application in accordance with
			 Subsection 105.07; or (3-24-22)
vi. The level established by the Department
			 in accordance with Subsection
			 302.08; and
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.302 - ESTABLISHING PERMIT PROVISIONS

Current through August 31, 2023
The Department will establish conditions, as required on a
				case-by-case basis, to provide for and ensure compliance with all applicable
				requirements of the Clean Water Act and state rules, including conditions under
				Section 101 (duration
				of permits), Section 305
				(compliance schedules), Section
				304 (monitoring), and electronic
				reporting requirements identified under 40 CFR Part 127 . An IPDES permit must
				include conditions meeting the following requirements, when applicable, in
				addition to other applicable sections of these rules. (3-24-22)
01.
Incorporation
. All permit
			 conditions shall be incorporated either expressly or by reference. If
			 incorporated by reference, a specific citation to the applicable regulations or
			 requirements must be given in the permit. (3-24-22)
02.
Applicable Requirements
. The
			 Department shall establish conditions, as required on a case-by- case basis, to
			 provide for and assure compliance with all applicable requirements of the Clean
			 Water Act and Section
			 101 (Duration), and Subsections
			 304.01, and
			 305.01 of these rules. (3-24-22)
a. Applicable requirements include all
			 statutory or regulatory requirements which take effect prior to final
			 administrative disposition of the permit. (3-24-22)
b. Applicable requirements also include any
			 requirement which takes effect prior to the modification or revocation and
			 reissuance of a permit under Section
			 201 (Modification, or Revocation
			 and Reissuance of IPDES Permits). (3-24-22)
c. New or reissued permits, and to the extent
			 allowed under Section
			 201 (Modification, or Revocation
			 and Reissuance of IPDES Permits) for modified or revoked and reissued permits,
			 shall incorporate each of the applicable requirements referenced in Sections
			 200 (Renewal of IPDES Permits), and
			 302 (Establishing Permit Provisions) through 304 (Monitoring and Reporting
			 Requirements). (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.305 - COMPLIANCE SCHEDULES

Current through August 31, 2023
01.
General
. An IPDES permit may, when appropriate, specify a schedule
			 of compliance leading to compliance with the Clean Water Act and these rules.
			 (3-24-22)
a. Any schedules of compliance under
			 this section shall require compliance as soon as possible. (3-24-22)
b. The first IPDES permit issued to a new
			 source or a new discharger shall contain a schedule of compliance only when
			 necessary to allow a reasonable opportunity to attain compliance with
			 requirements issued or revised after commencement of construction, but less
			 than three (3) years before commencement of the relevant discharge.
			 (3-24-22)
c. For recommencing
			 dischargers, a schedule of compliance shall be available only when necessary to
			 allow a reasonable opportunity to attain compliance with requirements issued or
			 revised less than three (3) years before recommencement of discharge.
			 (3-24-22)
d. If a permit
			 establishes a schedule of compliance under this section that exceeds one (1)
			 year from the date of permit issuance, the schedule must set out interim
			 requirements and dates for achievement of the interim requirements. If the
			 schedule includes interim requirements: (3-24-22)
i. The time between interim dates shall not
			 exceed one (1) year, except that in the case of a schedule for compliance with
			 standards for sewage sludge use and disposal, the time between interim dates
			 shall not exceed six (6) months; or (3-24-22)
ii. If the time necessary for completion of
			 any interim requirement (such as the construction of a control facility) is
			 more than one (1) year and is not readily divisible into stages for completion,
			 the permit shall specify interim dates for the submission of reports of
			 progress toward completion of the interim requirements and indicate a projected
			 completion date. (3-24-22)
e. Within fourteen (14) days following each
			 interim and final date of compliance, the permittee shall notify the Department
			 in writing of its compliance or noncompliance with the interim or final
			 requirements, or submit progress reports if Subsection
			 305.01.d.ii. is applicable.
			 (3-24-22)
f. Permits may
			 incorporate compliance schedules which allow a discharger to phase in, over
			 time, compliance with water quality-based effluent limitations in accordance
			 with IDAPA 58.01.02.400, "Water Quality Standards."
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.310 - VARIANCES

Current through August 31, 2023
01.
Variance Requests by
			 non-POTWs
. (3-24-22)
a. A discharger
			 which is not a POTW may request a variance from otherwise applicable effluent
			 limitations under the following statutory or regulatory provisions, within the
			 times specified in this subsection. (3-24-22)
i. A request for a variance based on the
			 presence of fundamentally different factors from those on which the effluent
			 limitations guideline was based must be filed as follows: (3-24-22)
(1) For a request from best practicable
			 control technology currently available (BPT), by the close of the public
			 comment period under Section
			 109 (Public Notification and
			 Comment); or (3-24-22)
(2) For a
			 request from best available technology economically achievable (BAT) and/or
			 best conventional pollutant control technology (BCT), by no later than one
			 hundred eighty (180) days after the date on which an effluent limitation
			 guideline is published in the Federal Register for a request based on an
			 effluent limitation guideline promulgated on or after February 4, 1987.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.370 - PRETREATMENT STANDARDS

Current through August 31, 2023
01.
Purpose
			 and Applicability
. This section and 40 CFR Part 403 apply to: (3-24-22)
a. Pollutants from non-domestic sources
			 covered by Pretreatment Standards which are indirectly discharged into or
			 transported by truck or rail or otherwise introduced into POTWs as defined in
			 Subsection 370.04 and
			 40 CFR
			 403.3; (3-24-22)
b. POTWs which receive wastewater from
			 sources subject to National Pretreatment Standards; and (3-24-22)
c. Any new or existing source subject to
			 Pretreatment Standards. National Pretreatment Standards do not apply to sources
			 which discharge to a sewer which is not connected to a POTW Treatment Plant.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.380 - SEWAGE SLUDGE

Current through August 31, 2023
01.
Purpose
. The purpose of this section and 40 CFR Part 503 is to:
			 (3-24-22)
a. Establish standards, which
			 consist of general requirements, pollutant limits, management practices, and
			 operational standards, for the final use or disposal of sewage sludge.
			 (3-24-22)
i. Include standards for sewage
			 sludge applied to the land, placed on a surface disposal site, or fired in a
			 sewage sludge incinerator. (3-24-22)
ii. Include: (3-24-22)
(1) Pathogen and alternative vector
			 attraction reduction requirements for sewage sludge applied to the land or
			 placed on a surface disposal site; and (3-24-22)
(2) On a case-by-case basis, controls for
			 storm water runoff from lands where sewage sludge or septage has been placed
			 for treatment or disposal. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.400 - COMPLIANCE EVALUATION

Current through August 31, 2023
01.
Non-Compliance Actions
. When the permittee is not in compliance
			 with any condition of the existing or expired permit that has been
			 administratively continued, the Department may choose to do one (1) or more of
			 the following: (3-24-22)
a. Initiate an
			 enforcement action; (3-24-22)
b.
			 Issue a notice of intent to deny the new application. If the application is
			 denied and the expired permit is no longer effective as provided in Subsection
			 101.02, the owner or operator
			 must cease the activities authorized by the permit or be subject to enforcement
			 action for operating without a permit; (3-24-22)
c. Issue a new permit with appropriate
			 conditions; or (3-24-22)
d. Take
			 other actions authorized by state law. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.500 - ENFORCEMENT

Current through August 31, 2023
01.
General Enforcement and
			 Penalties
. Any person who violates any permit condition, filing or
			 reporting requirement, duty to allow or carry out inspections, entry or
			 monitoring requirements or any other provision in these rules shall be subject
			 to administrative, civil or criminal enforcement and those remedies authorized
			 in the Environmental Protection and Health Act, Sections
			 39-101 et seq., Idaho Code,
			 including without limitation, civil and criminal penalties as provided in
			 Sections 39-108 and
			 39-117, Idaho Code.
			 (3-24-22)
02.
Truth in
			 Reporting
. It is a violation of these rules for any person to falsify,
			 tamper with, or knowingly render inaccurate any monitoring device or method
			 required to be maintained under an IPDES permit. In addition to any other
			 remedy available to the Department, such a violation is punishable by a fine as
			 provided in Section
			 39-117, Idaho Code.
			 (3-24-22)
03.
False
			 Statements
. It is a violation of these rules for any person to knowingly
			 make any false statement, representation, or certification in any record or
			 other document submitted or required to be maintained under an IPDES permit,
			 including monitoring reports or reports of compliance or non-compliance. In
			 addition to any other remedy available to the Department, such a violation is
			 punishable by a fine as provided in Section
			 39-117, Idaho Code.
			 (3-24-22)
04.
Public
			 Participation in Enforcement
. The Department shall provide for public
			 participation in the state enforcement process by: (3-24-22)
a. Investigating and providing written
			 responses to citizen complaints; (3-24-22)
b. Not opposing intervention by any citizen
			 when permissive intervention may be authorized by statute, rule, or regulation;
			 and (3-24-22)
c. Publishing notice
			 of and providing at least thirty (30) days for public comment on any proposed
			 settlement of a state enforcement action. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM › Section 58.01.25.600 - ADMINISTRATIVE RECORDS AND DATA MANAGEMENT

Current through August 31, 2023
01.
Administrative Record for Draft Permits
. (3-24-22)
a. The provisions of a draft permit prepared
			 by the Department under Subsection
			 108.01 shall be based on the
			 administrative record defined in this section. (3-24-22)
b. For preparing a draft permit, the record
			 shall consist of: (3-24-22)
i. The
			 application, if required, and any supporting data furnished by the applicant;
			 (3-24-22)
ii. The draft permit or
			 notice of intent to deny the application or to terminate the permit;
			 (3-24-22)
iii. The fact sheet;
			 (3-24-22)
iv. All documents cited
			 in the fact sheet; and (3-24-22)
v.
			 Other documents contained in the supporting file for the draft permit.
			 (3-24-22)
c. Material
			 readily available at the Department or published material that is generally
			 available, and that is included in the administrative record under Subsection
			 600.01, need not be physically
			 included with the rest of the record as long as it is specifically referred to
			 in the fact sheet. (3-24-22)
d.
			 This subsection applies to all draft permits when public notice was given after
			 the effective date of these rules. (3-24-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Section 59.01.01.001 - LEGAL AUTHORITY

Current through August 31, 2023
All PERSI rules are adopted under the legal authority of Sections  50-1507,  50-1508,  50-1524,  59-1301,  59-1314,  59-1372,  59-1383,  59-1392, and  72-1405, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Section 59.01.01.002 - WRITTEN INTERPRETATIONS - AGENCY GUIDELINES

Current through August 31, 2023
Written interpretations of these rules, to the extent they exist, are available from PERSI, at the Boise Office at 607 North Eighth Street, Boise, Idaho 83702. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Section 59.01.01.004 - DEFINITIONS

Current through August 31, 2023
The definitions in Section  59-1302, Idaho Code, and the following apply to this chapter: (3-31-22)
01.
Active Member
. A member participates in the active member allocation only if they are active and have at least twelve (12) months of accrued membership service on the last day of the fiscal year. For purposes of allocating extraordinary gains, active members also include: (3-31-22)
a. Seasonal employees who have a pattern of employment that includes at least six (6) months of membership service in each of the preceding three (3) consecutive years; and (3-31-22)
b. Employees who are on leave of absence on the last day of the fiscal year and either: (3-31-22)
i. Return to active service for at least thirty (30) days before December 31 immediately following the end of the fiscal year; or (3-31-22)
ii. Are entitled to benefits under the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA). (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter A - PERSI RULES OF ADMINISTRATIVE PROCEDURE › Section 59.01.01.011 - OPT OUT OF ATTORNEY GENERAL'S RULES - TABLE

Current through August 31, 2023
PERSI declines to adopt the following Idaho Rules of Administrative Procedure of the Attorney General, IDAPA 04.11.01 as follows for the reasons listed:
Rules Promulgated by the Office of the Attorney General will be followed except the following sections of IDAPA 04.11.01 will be excluded
151
PERSI procedure uses "petitioners" or "appellants" rather than "applicants" or "claimants."
155
PERSI procedure uses "petitioners" rather than "protestants."
156
PERSI procedure does not separately use intervention.
220
PERSI procedure uses "petitions" rather than "applications," "claims" or "appeals."
250
PERSI procedure uses "petitions" rather than "protests."
350 - 399
PERSI procedure does not separately use intervention.
420 - 425
PERSI does not have a prosecutorial investigative function.
566
PERSI does not hold joint hearings.
730
PERSI statutes do not provide for preliminary orders.
741
PERSI has no authority to award costs or fees.
791.01.c.
The venue of all actions in which the Board is a party shall be Ada County, Idaho." Idaho Code §
														59-1305(1)
791.01.d.
The venue of all actions in which the Board is a party shall be Ada County, Idaho. Idaho Code §
														59-1305(1)
(3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter A - PERSI RULES OF ADMINISTRATIVE PROCEDURE › Section 59.01.01.012 - VENUE

Current through August 31, 2023
Venue under Section  67-5272, Idaho Code, is not applicable on its face. Venue is Ada County, Idaho, per Section  59-1305, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter A - PERSI RULES OF ADMINISTRATIVE PROCEDURE › Section 59.01.01.013 - OBTAINING COPIES OF IRAP

Current through August 31, 2023
An official copy of IDAPA 04.11.01, "Idaho Rules of Administrative Procedure of the Attorney General," can be obtained through the Office of the Administrative Rules Coordinator, Division of Financial Management. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.100 - MANDATORY MEMBERSHIP

Current through August 31, 2023
Membership in PERSI is mandatory for all persons who meet the statutory definition of an "employee" in Section  59-1302(14), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.101 - MULTIPLE EMPLOYERS - MEMBERSHIP ELIGIBILITY

Current through August 31, 2023
An employee establishes separate PERSI membership eligibility with each state agency, political subdivision or government entity with which the employee meets the statutory definition of an "employee" as found in Section  59-1302(14), Idaho Code. (3-31-22)
01.
Does Not Meet the Statutory Definition
. Because membership eligibility is established independently with each state agency, political subdivision or government entity, neither employer nor employee contributions are required on salary paid by employers to employees who do not meet the statutory definition of an "employee" as found in Section  59-1302(14), Idaho Code. (3-31-22)
02.
State Agencies
. An employee working for more than one (1) state agency establishes eligibility based on the total hours of employment worked with all state agencies. (4-6-23)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.102 - ELECTED AND APPOINTED OFFICIALS NOT SUBJECT TO TWENTY HOUR REQUIREMENT

Current through August 31, 2023
Elected and appointed officials are not subject to the hourly requirement of Section  59-1302(14)(A)(a), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.103 - ELECTED AND APPOINTED OFFICIALS - MEMBERS OF PERSI

Current through August 31, 2023
Elected and appointed officials serving on boards, councils, or commissions who receive salary or honorarium for services performed are members of PERSI even though they receive nominal salary and do not normally work twenty (20) hours or more per week. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.111 - TEACHER WORKING HALF-TIME OR MORE

Current through August 31, 2023
For the purposes of Section  59-1302(14)(A)(a), Idaho Code, a teacher is considered to be working half-time or more if the teacher's contract specifies that the engagement is half or more of a full contract. Teachers and all other school employees not employed under such a contractual arrangement shall be required to meet the requirement of normally working twenty (20) hours or more per week. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.112 - RESPONSIBILITY OF EMPLOYER TO DETERMINE EMPLOYEE ELIGIBILITY

Current through August 31, 2023
It is the responsibility of each state agency, political subdivision or government entity to make the initial determination of which employees within its jurisdiction meet the requirements of eligibility for membership and to withhold the required member contributions from salary paid. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.113 - NORMALLY WORKS TWENTY HOURS

Current through August 31, 2023
If a person works twenty (20) hours or more per week for more than one-half (1/2) of the weeks during the period of employment being considered, then the person meets the requirements of Section  59-1302(14)(A)(a), Idaho Code ("normally works twenty (20) hours or more per week"), and shall be considered an employee if the person meets the other requirements of Section  59-1302(14), Idaho Code. Statutory References: Section  59-1302(14)(A)(a). (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.114 - APPLICATION OF THE FIVE MONTH REQUIREMENT

Current through August 31, 2023
An employee working twenty (20) hours or more per week who is hired with the expectation of working less than five (5) consecutive months, becomes retroactively eligible for membership whenever it becomes evident the period of employment will be five (5) consecutive months or longer and the employee meets the other requirements of Section  59-1302(14), Idaho Code. (3-31-22)
01.
Employee and Employer Contributions
. Employee and Employer contributions must be immediately withheld by the state agency, political subdivision or government entity and forwarded when it becomes evident the period of employment will be five (5) consecutive months or more, and the employee meets the other requirements of Section  59-1302(14), Idaho Code. Delinquent employee and employer contributions on all prior months of employment, shall be paid by the state agency, political subdivision or government entity pursuant to Subsection  114.02  of this chapter. (3-31-22)
02.
Delinquent Contributions
. Employer shall collect and pay delinquent contributions of employer and employee within three (3) months once it becomes evident the period of employment will be five (5) consecutive months or more. If the delinquent contributions are not paid within three (3) months, regular interest will be assessed against the outstanding balance until the delinquent employee contributions are paid in full. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.121 - CEASING TO BE AN EMPLOYEE

Current through August 31, 2023
A member ceases to be an employee on the day following the effective date that the member is separated from their employer. Membership service credits stop on the day the member ceases to be an employee. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.122 - LEAVE OF ABSENCE

Current through August 31, 2023
A member is ineligible to contribute and receive membership service credit while on leave of absence without pay or while on leave of absence with less than one-half (1/2) pay, unless the absence is occasioned by a worker's compensation claim approved by a surety. An active member separated from employment under conditions where both the member and the employer plan a later return to employment should be placed on leave of absence without pay during the planned period of absence. (3-31-22)
01.
Employer and Employee Contributions -- Leave of Absence
. During the leave of absence without pay, employer and employee contributions cease. If the member is on a leave of absence as a result of an approved worker's compensation claim, employer and employee contributions are due and payable on any salary paid to the member. The member is entitled to a month of membership service credit for each month the member remains on leave of absence as a result of an approved worker's compensation claim and receives salary in addition to income benefits. (3-31-22)
02.
Documentation of Leave of Absence
. The employer shall provide PERSI with documentation, on a form provided by PERSI, of a leave of absence to clarify the member's status and retirement benefit entitlement. (3-31-22)
03.
Status of Employee on Leave of Absence
. An employee placed on a leave of absence by an employer remains in an employee status and is ineligible for payment of any separation benefits or for payment of a service, early, disability, or vested retirement allowance. If a member on leave of absence without pay terminates employment without returning to work, the leave without pay status is negated. (3-31-22)
04.
Leave of Absence -- Effect on Benefit Enhancement
. An employee shall not be placed on a leave of absence without pay prior to the effective date of a benefit enhancement and then return to work after the effective date of the benefit enhancement for the purpose of qualifying for the benefit enhancement. An employee placed on unpaid leave of absence prior to the date of the benefit enhancement who returns to work after the effective date of the benefit enhancement and subsequently applies for retirement shall include with the application for retirement, certification from the state agency, political subdivision or government entity that the leave of absence was not granted for the purpose of allowing the person to qualify for the benefit enhancement. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.150 - POLICE OFFICER MEMBERSHIP CERTIFICATION

Current through August 31, 2023
The executive director or the executive director's designee may accept or reject the employer's certification that an employee's primary position with the employer is a police officer for retirement purposes as required in Section  59-1303, Idaho Code. Acceptance of the certification shall not limit PERSI's right to review and reclassify the position for retirement purposes based upon an audit or other relevant information presented to PERSI. A position title or occasional assignments to active law enforcement service or hazardous law enforcement duties does not create a condition for designation as a police officer member for retirement purposes. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.200 - DETERMINATION OF FIREFIGHTER

Current through August 31, 2023
A "firefighter" means an employee whose primary occupation with an employer as defined by Section  59-1302(16), Idaho Code, is that of preventing and extinguishing fires. A firefighter member for retirement purposes is an employee appointed to the position of fire chief by a city council but not eligible to be a "paid firefighter," or the chief fire warden of a timber protective association, or is an employee of either the department of lands or of a timber protective association whose primary position and principal accountability in that position either requires direct supervision of employees engaged in the prevention, presuppression and suppression of wild land fires or requires the performance of those duties as the principal function of the position. A firefighter member for retirement purposes does not include an employee who may be required on occasion to engage in those functions as a secondary requirement of the position.
Statutory References: Sections  59-1302(16),  59-1391(f)   and  72-1403, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.201 - INCORRECT CLASSIFICATION OF FIREFIGHTER

Current through August 31, 2023
An employer or agency which believes that any position is incorrectly classified as a firefighter position or a nonfirefighter position may petition the Board for inclusion or exclusion of such position as a firefighter position. Such petition shall be in writing and explain in detail the principal duties of the position. The Board will review the petition and evidence, together with such information and evidence as may be presented by the staff of PERSI. The Board may decide the matter based upon the information supplied, may request additional information, or may request an oral presentation before the Board.
Statutory References: Sections  59-1302(16),  59-1391(f)   and  72-1403, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter B - PERSI RULES FOR ELIGIBILITY › Section 59.01.01.202 - PAID FIREFIGHTER EXCLUSION FROM RULES 200 AND 201

Current through August 31, 2023
The provisions of Sections  200  and  201  of this subchapter do not apply to a "paid firefighter" as defined by Sections  59-1391(f)   or  72-1403(A), Idaho Code, or to any references to "firefighter" found in Title 72, Chapter 14, Idaho Code.
Statutory References: Sections  59-1302(16),  59-1391(f)   and  72-1403, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.250. - 302 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.303 - EMPLOYEE CONTRIBUTIONS BASED ON GROSS SALARY

Current through August 31, 2023
Employee contributions shall be based on the employee's total gross salary regardless of source or employer funds from which the employee is paid. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.304 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.305 - MULTIPLE EMPLOYERS - CONTRIBUTION RATE

Current through August 31, 2023
If the employee has met eligibility requirements with more than one (1) employer that would result in different contribution rates, contributions shall be made at the rate for the member's classification with the primary employer. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.306 - STATE EMPLOYEE CONTRIBUTIONS

Current through August 31, 2023
If an employee establishes membership with the state, the employee and each agency must make contributions on the employee's salary regardless of the number of hours worked at each state agency. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.01.01 - RULES FOR THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) › Subchapter C - PERSI GENERAL PROVISIONS, CONTRIBUTION RATE, MISCELLANEOUS, AND INTEREST RATE RULES › Section 59.01.01.307 - POLICE OFFICER CONTRIBUTIONS WITHHELD INCORRECTLY

Current through August 31, 2023
If an employee's contributions are withheld by an employer and received by PERSI at the rate established for police members on the presumption the certification required by Section  59-1303, Idaho Code, will be accepted, but if it is rejected, the employer shall adjust the employee's contribution rate to a general member rate and PERSI shall return to the employer any excess employee contributions that have occurred. (3-31-22)