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S1158.................................................by HEALTH AND WELFARE
PUBLIC SWIMMING POOLS - Amends existing law to provide that a body of water
which contains a geothermal resource and which was in existence on or
before January 1, 1999, shall not be considered a public swimming pool for
purposes of regulation by the Department of Health and Welfare.
02/12 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Health/Wel
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 16-14-5
AYES--Andreason, Branch, Bunderson, Cameron, Darrington, Deide,
Hawkins, Ingram, Ipsen, Keough, King, Riggs, Risch, Thorne, Twiggs,
Wheeler
NAYS--Boatright, Crow, Dunklin, Frasure, Geddes, Lee, McLaughlin,
Richardson, Sandy, Schroeder, Sorensen, Stegner, Stennett, Whitworth
Absent and excused--Burtenshaw, Danielson, Davis, Noh, Parry
Floor Sponsor - King
Title apvd - to House
02/24 House intro - 1st rdg - to Env Aff
S1158|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1158 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO ENVIRONMENTAL PROTECTION; AMENDING SECTION 39-103, IDAHO CODE, TO 3 CLARIFY THE DEFINITION OF THE TERM "SWIMMING POOL" AND TO MAKE A TECHNICAL 4 CORRECTION; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 39-103, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 39-103. DEFINITIONS. Whenever used or referred to in this act, unless a 9 different meaning clearly appears from the context, the following terms shall 10 have the following meanings: 11 1. "Board" means the board of health and welfare. 12 2. "Department" means the department of health and welfare. 13 3. "Director" means the director of the department of health and welfare. 14 4. "State" means the state of Idaho. 15 5. "Air contaminant" or "air contamination" means the presence in the 16 outdoor atmosphere of any dust, fume, mist, smoke, vapor, gas or other gaseous 17 fluid or particulate substance differing in composition from or exceeding in 18 concentration the natural components of the atmosphere. 19 6. "Air pollution" means the presence in the outdoor atmosphere of any 20 contaminant or combination thereof in such quantity of such nature and dura- 21 tion and under such conditions as would be injurious to human health or wel- 22 fare, to animal or plant life, or to property, or to interfere unreasonably 23 with the enjoyment of life or property. 24 7. "Emission" means any controlled or uncontrolled release or discharge 25 into the outdoor atmosphere of any air contaminant or combination thereof. 26 Emission also includes any release or discharge of any air contaminant from a 27 stack, vent or other means into the outdoor atmosphere that originates from an 28 emission unit. 29 8. "Water pollution" is such alteration of the physical, thermal, chemi- 30 cal, biological or radioactive properties of any waters of the state, or such 31 discharge of any contaminant into the waters of the state as will or is likely 32 to create a nuisance or render such waters harmful or detrimental or injurious 33 to public health, safety or welfare or to domestic, commercial, industrial, 34 recreational, esthetic or other legitimate uses or to livestock, wild animals, 35 birds, fish or other aquatic life. 36 9. "Waters" mean s all the accumulations of water, surface 37 and underground, natural and artificial, public and private, or parts thereof 38 which are wholly or partially within, flow through or border upon this state. 39 10. "Solid waste" means garbage, refuse, and other discarded solid mate- 40 rials, including solid waste materials resulting from industrial, commercial, 41 and agricultural operations, and from community activities, but does not 42 include solid or dissolved materials in domestic sewage or other significant 43 pollutants in water resources, such as silt, dissolved or suspended solids in 2 1 industrial waste water effluents, dissolved materials in irrigation return 2 flows or other common water pollutants. 3 11. "Solid waste disposal" means the collection, storage, treatment, uti- 4 lization, processing or final disposal of solid waste. 5 12. "Laboratory" means not only facilities for biological, serological, 6 biophysical, cytological and pathological tests, but also facilities for the 7 chemical or other examination of materials from water, air or other sub- 8 stances. 9 13. "Person" means any individual, association, partnership, firm, joint 10 stock company, trust, estate, political subdivision, public or private corpo- 11 ration, state or federal governmental department, agency or instrumentality, 12 or any other legal entity which is recognized by law as the subject of rights 13 and duties. 14 14. "Public swimming pool" means an artificial structure, and its appurte- 15 nances, which contains water more than two (2) feet deep which is used or 16 intended to be used for swimming or recreational bathing, and which is for the 17 use of any segment of the public pursuant to a general invitation but not an 18 invitation to a specific occasion or occasions. A body of water which 19 contains a geothermal resource and which was in existence on or before January 20 1, 1999, shall not be considered a public swimming pool for purposes of regu- 21 lation pursuant to this title. As used in this section, "geothermal resource" 22 shall mean the natural heat energy of the earth, energy in whatever form, 23 which may be found in any position at any depth below the surface of the earth 24 present in, resulting from or created by, or which may be extracted from such 25 natural heat and all minerals in solution or other products obtained from the 26 material medium of any geothermal resource. 27 15. "Public water supply" means all mains, pipes and structures through 28 which water is obtained and distributed to the public, including wells and 29 well structures, intakes and cribs, pumping stations, treatment plants, reser- 30 voirs, storage tanks and appurtenances, collectively or severally, actually 31 used or intended for use for the purpose of furnishing water for drinking or 32 general domestic use in incorporated municipalities; or unincorporated commu- 33 nities where ten (10) or more separate premises or households are being served 34 or intended to be served; or any other supply which serves water to the public 35 and which the department of health and welfare declares to have potential 36 health significance. 37 16. "Substantive" means that which creates, defines or regulates the 38 rights of any person or implements, interprets or prescribes law or policy, 39 but does not include statements concerning only the internal management of the 40 department and not affecting private rights or procedures available to the 41 public. 42 17. "Nutrient" means any one (1) of the natural elements including, but 43 not limited to, carbon, hydrogen, oxygen, nitrogen, potassium, phosphorus, 44 magnesium, sulfur, calcium, sodium, iron, manganese, copper, zinc, molybdenum, 45 vanadium, boron, chlorine, cobalt and silicon, that are essential to plant and 46 animal growth. 47 18. "Medical waste combustor" means any device, incinerator, furnace, 48 boiler or burner, and any and all appurtenances thereto, which burns or 49 pyrolyzes medical waste consisting of human or animal tissues, medical cul- 50 tures, human blood or blood products, materials contaminated with human blood 51 or tissues, used or unused surgical wastes, used or unused sharps including 52 hypodermic needles, suture needles, syringes and scalpel blades. 53 SECTION 2. An emergency existing therefor, which emergency is hereby 54 declared to exist, this act shall be in full force and effect on and after its 3 1 passage and approval, and retroactively to January 1, 1999.
STATEMENT OF PURPOSE
RS08742
The purpose of this act is to provide that a body of water which contains a geotherrnal resource
and was in existence on or before January 1, 1999, shall not be considered a public swimming pool for
purposes of regulation by the Departrnent of Health and Welfare or the Public Health Districts.
Geothermal resources are regulated in this state by the Department of Water Resources.
FISCAL NOTE
There should be no fiscal irnpact to the general fund and the Departrnent of Health and Welfare
and Public Health Districts may enjoy some savings by not having to inspect certain geothermal hot
springs.
CONTACT: Senator Atwell Parry
334-353 1
S 1158