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S1220aa....................................by LOCAL GOVERNMENT AND TAXATION
WASTEWATER OPERATOR CERTIFICATION PROGRAM - Amends existing law to provide
that the director of the Department of Health and Welfare shall adopt and
implement a public wastewater operator certification program.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
02/25 Rpt out - to 14th Ord
02/25 Rpt out amen - to engros
02/26 Rpt engros - 1st rdg - to 2nd rdg as amen
03/01 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - PASSED - 24-10-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Deide, Dunklin, Ingram, Ipsen, Keough, King,
Lee, McLaughlin, Noh, Riggs, Risch, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler
NAYS--Branch, Crow, Davis, Frasure, Geddes, Hawkins, Richardson,
Sandy, Twiggs, Whitworth
Absent and excused--Parry
Floor Sponsor - Keough
Title apvd - to House
03/05 House intro - 1st rdg as amen - to Env Aff
03/11 Rpt out - rec d/p - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 44-16-10
AYES -- Barraclough, Bell, Bieter, Boe, Bruneel, Campbell, Chase,
Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Hadley, Hammond,
Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg,
Kempton, Kunz, Limbaugh, Linford, Marley, Meyer(Duncan), Montgomery,
Mortensen, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Schaefer, Sellman, Smith, Stevenson, Stone, Trail, Watson, Zimmermann
NAYS -- Alltus, Barrett, Crow, Field(20), Geddes, Kendell, Lake,
Loertscher, McKague, Moyle, Sali, Stoicheff, Tilman, Tippets,
Williams, Wood
Absent and excused -- Black, Callister, Gagner, Gould, Henbest,
Mader, Smylie, Taylor, Wheeler, Mr Speaker
Floor Sponsor - Jaquet, Hornbeck
Title apvd - to Senate
03/17 To enrol - rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 174
Effective: 07/01/99
S1220|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1220, As Amended BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO POWERS OF THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND WELFARE; 3 AMENDING SECTION 39-105, IDAHO CODE, TO PROVIDE A PUBLIC WASTEWATER OPERA- 4 TOR CERTIFICATION PROGRAM, TO CORRECT A CODIFIER'S ERROR AND TO MAKE TECH- 5 NICAL CORRECTIONS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 39-105, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 39-105. POWERS AND DUTIES OF THE DIRECTOR. The director shall have the 10 following powers and duties: 11 1. All of the powers and duties of the department of public health, the 12 department of health, the board of health, and the air pollution control com- 13 mission, are hereby transferred to the director of the department of health 14 and welfare, provided, however, that rulemaking and hearing functions relating 15 to environmental protection, public health and licensure and certification 16 standards shall be vested in the board of health and welfare. The director 17 shall have all such powers and duties as may have been or could have been 18 exercised by his predecessors in law, including the authority to adopt, pro- 19 mulgate, and enforce rules and regulations in those circumstances when the 20 authority to adopt, promulgate, and enforce such rules and regulations is not 21 vested in the board of health and welfare, and shall be the successor in law 22 to all contractual obligations entered into by his predecessor in law. All 23 rulemaking proceedings and hearings of the director shall be governed by the 24 provisions of chapter 52, title 67, Idaho Code. 25 2. The director shall, pursuant and subject to the provisions of the 26 Idaho Code, and the provisions of this act, formulate and recommend to the 27 board, rules, regulations, codes and standards, as may be necessary to deal 28 with problems related to personal health, water pollution, air pollution, 29 visual pollution, noise abatement, solid waste disposal, and licensure and 30 certification requirements pertinent thereto, which shall, upon adoption by 31 the board, have the force of the law relating to any purpose which may be nec- 32 essary and feasible for enforcing the provisions of this act, including, but 33 not limited to the prevention, control or abatement of environmental pollution 34 or degradation and the maintenance and protection of personal health. Any such 35 regulation or standard may be of general application throughout the state or 36 may be limited as to times, places, circumstances or conditions in order to 37 make due allowance for variations therein. 38 3. The director, under the rules, regulations, codes or standards adopted 39 by the board, shall have the general supervision of the promotion and protec- 40 tion of the life, health, mental health and environment of the people of this 41 state. The powers and duties of the director shall include , but 42 not be limited to , the following: 43 a. The issuance of licenses and permits as prescribed by law and by the 2 1 rules and regulations of the board. For each air quality operating permit 2 issued under title V of the federal clean air act and its implementing 3 regulations, the director shall, consistent with the federal clean air act 4 and its implementing regulations, expressly include a provision stating 5 that compliance with the conditions of the permit shall be deemed compli- 6 ance with the applicable requirements of the federal clean air act and the 7 title V implementing regulations. The director may develop and issue gen- 8 eral permits covering numerous similar sources, as authorized by 40 CFR 9 70.6(d) as may be amended, and as appropriate. 10 b. The supervision and administration of laboratories and the supervision 11 and administration of standards of tests for environmental pollution, 12 chemical analyses and communicable diseases. The director may require that 13 laboratories operated by any city, county, institution, person, firm or 14 corporation for health or environmental purposes conform to standards set 15 by the board. 16 c. The supervision and administration of a mental health program, which 17 shall include services for the evaluation, screening, custody and treat- 18 ment of the mentally ill and those persons suffering from a mental defect, 19 or mental defects. 20 d. The enforcement of minimum standards of health, safety and sanitation 21 for all public swimming pools within the state. 22 e. The enforcement of standards, rules and regulations, relating to pub- 23 lic water supplies and to administer the drinking water loan account pur- 24 suant to chapter 76, title 39, Idaho Code, including making loans to eli- 25 gible public drinking water systems as defined in the federal safe drink- 26 ing water act as amended, and to comply with all requirements of the act, 27 42 U.S.C. 300f, et seq. and regulations promulgated pursuant to the act. 28 This includes, but is not limited to, the adoption and implementation of 29 an operator certification program; the development of and implementation 30 of a capacity development strategy to ensure public drinking water systems 31 have the technical, managerial and financial capability to comply with the 32 national primary drinking water regulations; and the enhancement of pro- 33 tection of source waters for public drinking water systems. 34 f. The supervision and administration of the various schools, hospitals 35 and institutions that were the responsibility of the board of health at 36 the time this act went into effect. 37 g. The supervision and administration of services dealing with the prob- 38 lems of alcoholism,including , but not limited 39 to , the care and rehabilitation of persons suffering from 40 alcoholism. 41 h. The establishment of liaison with other governmental departments, 42 agencies and boards in order to effectively assist other governmental 43 entities with the planning for the control of or abatement of environmen- 44 tal and health problems. All of the rules, regulation s and 45 standards adopted by the board shall apply to state institutions. 46 i. The supervision and administration of an emergency medical service 47 program,including , but not limited to , 48 assisting other governmental agencies and local governmental units, 49 in providing first aid emergency medical services and for transportation 50 of the sick and injured. 51 j. The supervision and administration of a system to safeguard air qual- 52 ity and for limiting and controlling the emission of air contaminants. 53 k. The supervision and administration of a system to safeguard the qual- 54 ity of the waters of this state,including , but 55 not limited to , the enforcement of standards relating to the 3 1 discharge of effluent into the waters of this state and the storage, 2 handling and transportation of solids, liquids, and gases which may cause 3 or contribute to water pollution. 4 l. The supervision and administration of administrative units whose 5 responsibility shall be to assist and encourage counties, cities, other 6 governmental units, and industries in the control of and/or abatement of 7 environmental and health problems. 8 m. The administration of solid waste disposal site and design review in 9 accordance with the provisions of chapter 74, title 39, Idaho Code, and 10 chapter 4, title 39, Idaho Code, and in particular as follows: 11 i. The issuance of a solid waste disposal site certificate in the 12 manner provided in chapter 74, title 39, Idaho Code. 13 ii. Provide review and approval regarding the design of solid waste 14 disposal facilities and ground water monitoring systems and approval 15 of all applications for flexible standards as provided in 40 CFR 258, 16 in accordance with the provisions of chapter 74, title 39, Idaho 17 Code. 18 iii. Cooperating and coordinating with operational monitoring of 19 solid waste disposal sites by district health departments pursuant to 20 authority established in chapters 4 and 74, title 39, Idaho Code. 21 iv. The authority granted to the director pursuant to provisions of 22 this subsection shall be effective upon enactment of chapter 74, 23 title 39, Idaho Code, by the legislature. 24 v. The authority to develop and propose regulations as necessary to 25 supplement details of compliance with the solid waste facilities act 26 and applicable federal regulations, provided that such regulations 27 shall not conflict with the provisions of this act nor shall such 28 regulations be more strict than the requirements established in fed- 29 eral law or in the solid waste facilities act. 30 n. The enforcement of all laws, rules, regulation s , codes 31 and standards relating to environmental protection and health. 32 o. The formulation and adoption of a comprehensive state nutrient manage- 33 ment plan for the surface waters of the state of Idaho in consultation 34 with the appropriate state or federal agencies, local units of government, 35 and with the public involvement as provided for under the administrative 36 procedure act. The director shall recommend by March 1, 1990, to the 37 board for adoption, rules and regulations setting forth procedures for 38 development of the plan, including mechanisms to keep the public informed 39 and encourage public participation in plan development. 40 The plan shall be developed on a hydrologic basin unit basis with a 41 lake system emphasis. The panhandle hydrologic basin plan shall be com- 42 pleted no later than July 1, 1995. The remaining basin plans shall be com- 43 pleted no later than January 1, 1995. Each plan shall identify nutrient 44 sources; the dynamics of nutrient removal, use, and dispersal; and 45 preventative or remedial actions where feasible and necessary to protect 46 the surface waters of the state. The director shall formulate and recom- 47 mend to the board for adoption rules and regulations as necessary to 48 implement the plan. The plan shall be used by the department and other 49 appropriate agencies including soil conservation districts, public health 50 districts and local units of government in developing programs for 51 nutrient management. State and local units of government shall exercise 52 their police powers in compliance with the comprehensive state nutrient 53 management plan of this act. Local nutrient management programs adopted by 54 any local unit of government prior to the completion of the state compre- 55 hensive nutrient management plan or a hydrologicbasinplan4 1 basin plan shall be consistent with the criteria for inclu- 2 sion in the comprehensive state nutrient management plan as enumerated in 3 this subsection, as evidenced by findings of fact by the local units of 4 government and confirmed by the division of environmental quality and the 5 local health district board. The director shall recommend by March 1, 6 1990, to the board for adoption, rules and regulations for procedures to 7 determine consistency. 8 p. The formulation of a water quality management plan for Priest lake in 9 conjunction with a planning team from the Priest lake area whose member- 10 ship shall be appointed by the board and consist of a fair representation 11 of the various land managers, and user and interest groups of the lake and 12 its Idaho watershed. The stated goal of the plan shall be to maintain the 13 existing water quality of Priest lake while continuing existing nonpoint 14 source activities in the watershed and providing for project specific best 15 management practices when necessary. The plan shall include comprehensive 16 characterization of lake water quality through completion of a baseline 17 monitoring program to be conducted by the department and shall consider 18 existing economics and nonpoint source activity dependent industries of 19 the Priest lake area. The planning team shall conduct public hearings and 20 encourage public participation in the plan development including opportu- 21 nity for public review and input. Technical assistance to the planning 22 team with state nonpoint source management programs in forest practices, 23 road construction and maintenance, agriculture and mining shall be pro- 24 vided by the department. Technical assistance to the planning team on area 25 planning, zoning and sanitary regulations shall be provided by the clean 26 lakes council. The plan shall be submitted to the board for its approval 27 at the end of a three (3) year plan development period. Upon review and 28 acceptance by the board, the plan shall be submitted to the legislature 29 for amendment, adoption or rejection. If adopted by the legislature, the 30 plan shall be enacted by passage of a statute at the regular legislative 31 session when it receives the plan and shall have the force and effect of 32 law. Existing forest practices, agricultural and mining nonpoint source 33 management programs are considered to be adequate to protect water quality 34 during the plan development period. 35 q. The adoption and implementation of a public wastewater operator 36 certification program to ensure the operators of public wastewater treat- 37 ment facilities have the technical expertise and certification to comply 38 with federal regulations and state rules dealing with wastewater; and the 39 enhancement and protection of source waters of the state pursuant to rules 40 of the board. 41 4. The director, when so designated by the governor, shall have the power 42 to apply for, receive on behalf of the state, and utilize any federal aid, 43 grants, gifts, gratuities, or moneys made available through the federal 44 government,including , but not limited to , 45 the federal water pollution control act, for use in or by the state of 46 Idaho in relation to health and environmental protection. 47 5. The director shall have the power to enter into and make contracts and 48 agreements with any public agencies or municipal corporation for facilities, 49 land, and equipment when such use will have a beneficial, recreational, or 50 therapeutic effect or be in the best interest in carrying out the duties 51 imposed upon the department. 52 The director shall also have the power to enter into contracts for the 53 expenditure of state matching funds for local purposes. This subsection will 54 constitute the authority for public agencies or municipal corporations to 55 enter into such contracts and expend money for the purposes delineated in such 5 1 contracts. 2 6. The director is authorized to adopt an official seal to be used on 3 appropriate occasions, in connection with the functions of the department or 4 the board, and such seal shall be judicially noticed. Copies of any books, 5 records, papers and other documents in the department shall be admitted in 6 evidence equally with the originals thereof when authenticated under such 7 seal.
AS1220|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Keough Seconded by Bunderson IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1220 1 AMENDMENT TO SECTION 1 2 On page 4 of the printed bill, in line 32, following " a " 3 insert: " public "; and in line 33 following " of " 4 insert: " public ". 5 CORRECTION TO TITLE 6 On page 1, in line 3, following "A" insert: "PUBLIC".
STATEMENT OF PURPOSE
RS 09023C1
The purpose of this legislation is to adopt and implement a wastewater operator
certification program. This will ensure the operators of wastewater treatment facilities
have the technical expertise to comply with federal regulations and state rules dealing
with wastewater.
FISCAL NOTE
Based on the costs incurred to establish the Water Certifcation Program it is
estimated that there will be a fiscal impact to the Division of Envirommental Quality of
approximately $33,000.
CONTACT: Mr. Don Munkers
Idaho Rural Water Association
1916 'G' Street
Lewiston, Idaho 83501
1-800-962-3257 or
208-743-6142
STATEMENT OF PURPOSE FISCAL NOTE
S 1220