1999 Legislation
Print Friendly

SENATE BILL NO. 1220, As Amended – Wastewater operator certifice prog

SENATE BILL NO. 1220, As Amended

View Daily Data Tracking History

View Bill Text

View Amendment

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

S1220aa....................................by LOCAL GOVERNMENT AND TAXATION
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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                             SENATE BILL NO. 1220, As Amended


 1                                        AN ACT

 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


 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


 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 hydrologic  basinplan 


 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


 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.



 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                       Moved 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 / Fiscal Impact

                    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
                                                     S 1220