2000 Legislation
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SENATE BILL NO. 1426, As Amended – Environmental Quality Dept created

SENATE BILL NO. 1426, As Amended

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S1426aa....................................................by STATE AFFAIRS
ENVIRONMENTAL QUALITY - Amends, adds to and repeals existing law to create
a Department of Environmental Quality and Board of Environmental Quality
separate from the Department of Health and Welfare.
                                                                        
02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to St Aff
02/25    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
02/29    To 14th Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/09    3rd rdg as amen - PASSED - 31-0-4
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Ingram, Ipsen, Keough, Lee, Noh, Parry, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Thorne, Walton/Branch, Wheeler,
      Whitworth, Williams
      NAYS--None
      Absent and excused--Hawkins, King-Barrutia, McLaughlin, Stennett
    Floor Sponsor - President Pro Tem Geddes
    Title apvd - to House
03/10    House intro - 1st rdg as amen - to Env Aff
03/15    Rpt out - rec d/p - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/23    3rd rdg as amen - PASSED - 65-0-5
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Tilman, Trail, Wheeler, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Black, Crow, Deal, Henbest, Wood
    Floor Sponsors - Barraclough, Newcomb
    Title apvd - to Senate
03/24    To enrol
03/27    Rpt enrol - Pres signed - Sp signed
03/28    To Governor
03/31    Governor signed
         Session Law Chapter 132
         Effective: 07/01/00
         with one-year implementation concession

Bill Text


 S1426
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1426, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO A DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING  SECTION  67-2402,
  3        IDAHO CODE, TO PROVIDE A DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE EXECU-
  4        TIVE  BRANCH OF STATE GOVERNMENT; AMENDING SECTION 67-2406, IDAHO CODE, TO
  5        PROVIDE FOR A DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY;  AMEND-
  6        ING  SECTION  59-904, IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF A DIRECTOR
  7        OF ENVIRONMENTAL QUALITY AND THE BOARD OF ENVIRONMENTAL QUALITY;  AMENDING
  8        CHAPTER 1, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-102A,
  9        IDAHO  CODE,  TO  PROVIDE LEGISLATIVE INTENT IN CREATING THE DEPARTMENT OF
 10        ENVIRONMENTAL QUALITY; AMENDING SECTION 39-103, IDAHO CODE, TO REVISE DEF-
 11        INITIONS; AMENDING SECTION 39-104, IDAHO CODE, TO PROVIDE FOR THE CREATION
 12        OF THE DEPARTMENT OF  ENVIRONMENTAL  QUALITY;  AMENDING  SECTION  39-104A,
 13        IDAHO  CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUAL-
 14        ITY; AMENDING SECTION 39-105, IDAHO CODE, TO PROVIDE POWERS AND DUTIES  OF
 15        THE  DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE TECH-
 16        NICAL CORRECTIONS; AMENDING SECTION 39-106, IDAHO  CODE,  TO  PROVIDE  FOR
 17        POLICIES  AND  PROCEDURES,  TO PROVIDE ADDITIONAL POWERS AND DUTIES OF THE
 18        DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY  AND  TO  PROVIDE  FOR
 19        TRANSFER AND CONTINUATION OF RULES AND OTHER PROCEEDINGS; AMENDING SECTION
 20        39-107,  IDAHO  CODE,  TO PROVIDE FOR A BOARD OF ENVIRONMENTAL QUALITY, TO
 21        PROVIDE MEMBERSHIP, TO PROVIDE POWERS AND DUTIES, TO PROVIDE FOR RULES AND
 22        TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-107a, IDAHO  CODE,  TO
 23        REDESIGNATE  THE  SECTION  AND  TO  PROVIDE REFERENCE TO THE DEPARTMENT OF
 24        ENVIRONMENTAL QUALITY; AMENDING CHAPTER 1, TITLE 39, IDAHO  CODE,  BY  THE
 25        ADDITION OF A NEW SECTION 39-107B, IDAHO CODE, TO CREATE THE DEPARTMENT OF
 26        ENVIRONMENTAL  QUALITY  FUND; AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, BY
 27        THE ADDITION OF A NEW SECTION 39-107C, IDAHO CODE, TO CREATE THE  ENVIRON-
 28        MENTAL  PROTECTION  TRUST  FUND;  AMENDING SECTION 39-3628, IDAHO CODE, TO
 29        PROVIDE CORRECT TERMINOLOGY FOR THE WATER POLLUTION CONTROL  FUND  AND  TO
 30        PROVIDE  FOR  REMITTANCE  OF  SALES  TAX MONEYS; AMENDING SECTION 39-3630,
 31        IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO REVISE PURPOSES THAT  MONEY
 32        IN  THE  WATER  POLLUTION CONTROL FUND MAY BE USED FOR AND TO PROVIDE THAT
 33        INTEREST EARNED ON MONEYS INVESTED FROM THE FUND SHALL BE RETURNED TO  THE
 34        FUND; AMENDING SECTION 39-108, IDAHO CODE, TO PROVIDE INVESTIGATIVE POWERS
 35        TO  THE  DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORREC-
 36        TIONS; AMENDING SECTION 39-109, IDAHO CODE, TO PROVIDE FOR CIVIL  ENFORCE-
 37        MENT ACTIONS TO BE COMMENCED AT THE REQUEST OF THE DIRECTOR OF THE DEPART-
 38        MENT  OF  ENVIRONMENTAL  QUALITY;  AMENDING SECTION 39-110, IDAHO CODE, TO
 39        PROVIDE FOR REGISTRATION OF PERSONS AT THE REQUEST OF THE DIRECTOR OF  THE
 40        DEPARTMENT  OF ENVIRONMENTAL QUALITY; AMENDING SECTION 39-111, IDAHO CODE,
 41        TO PROVIDE FOR AVAILABILITY OF RECORDS FURNISHED TO THE BOARD OF  ENVIRON-
 42        MENTAL  QUALITY;  AMENDING  SECTION  39-112, IDAHO CODE, TO PROVIDE FOR AN
 43        EMERGENCY ORDER TO BE ISSUED BY THE DIRECTOR OF THE DEPARTMENT OF ENVIRON-
 44        MENTAL QUALITY, TO PROVIDE INTERPRETATION AND TO  MAKE  TECHNICAL  CORREC-
 45        TIONS;  AMENDING  SECTION  39-113,  IDAHO CODE, TO PROVIDE FOR TRANSFER OF
 46        EMPLOYEES AND TO MAKE A TECHNICAL CORRECTION;  REPEALING  SECTION  39-114,
                                                                        
                                          2
                                                                        
  1        IDAHO  CODE; AMENDING SECTION 39-115, IDAHO CODE, TO PROVIDE FOR POLLUTION
  2        SOURCE PERMITS TO BE ISSUED BY THE DIRECTOR OF THE DEPARTMENT OF  ENVIRON-
  3        MENTAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-116,
  4        IDAHO  CODE, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMEN-
  5        TAL QUALITY SHALL HAVE THE AUTHORITY TO ISSUE COMPLIANCE SCHEDULES AND  TO
  6        REVISE  WHAT IS CONTAINED IN THEM; AMENDING SECTION 39-118, IDAHO CODE, TO
  7        PROVIDE FOR REVIEW OF PLANS BY THE DIRECTOR OF THE DEPARTMENT OF  ENVIRON-
  8        MENTAL  QUALITY  AND  TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION
  9        39-118D,  IDAHO CODE, TO PROVIDE FOR THE IDAHO AIR QUALITY PERMITTING FUND
 10        WITHIN THE STATE TREASURY TO BE UTILIZED BY THE DEPARTMENT OF  ENVIRONMEN-
 11        TAL  QUALITY;  AMENDING  SECTION  39-119,  IDAHO CODE, TO PROVIDE FOR FEES
 12        AUTHORIZED BY THE DIRECTOR AND BOARD OF  ENVIRONMENTAL  QUALITY;  AMENDING
 13        SECTION  39-120, IDAHO CODE, TO PROVIDE THAT THE DEPARTMENT OF ENVIRONMEN-
 14        TAL QUALITY BE THE PRIMARY  ADMINISTRATIVE  AGENCY  TO  ADMINISTER  GROUND
 15        WATER QUALITY PROTECTION PROGRAMS; AMENDING SECTION 39-121, IDAHO CODE, TO
 16        FURTHER  DEFINE  TERMS;  REPEALING  SECTIONS  39-122,  39-123,  39-124 AND
 17        39-125, IDAHO CODE; AMENDING SECTION 39-126, IDAHO CODE, TO PROVIDE REFER-
 18        ENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL COR-
 19        RECTIONS; AMENDING SECTION 39-129, IDAHO CODE, TO DELETE REFERENCE TO CER-
 20        TAIN STUDIES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION  39-414,
 21        IDAHO CODE, TO PROVIDE FOR DELEGATION BY THE DIRECTOR OF THE DEPARTMENT OF
 22        ENVIRONMENTAL QUALITY; AMENDING SECTION 39-417, IDAHO CODE, TO PROVIDE FOR
 23        RULES OF THE BOARD OF ENVIRONMENTAL QUALITY AND TO PROVIDE A CORRECT CITA-
 24        TION;  AMENDING  SECTION 39-419, IDAHO CODE, TO PROVIDE A CORRECT CITATION
 25        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 42-202B,  IDAHO  CODE,
 26        TO  PROVIDE A CORRECT CITATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
 27        SECTION 57-1701, IDAHO CODE, TO  PROVIDE  A  CORRECT  REFERENCE;  AMENDING
 28        TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 10, TITLE 56, IDAHO
 29        CODE,  TO DEFINE TERMS, TO CREATE THE DEPARTMENT OF HEALTH AND WELFARE, TO
 30        PROVIDE POWERS AND DUTIES OF THE DIRECTOR, TO PROVIDE FOR THE CREATION  OF
 31        THE  BOARD  OF HEALTH AND WELFARE, TO PROVIDE ADDITIONAL POWERS AND DUTIES
 32        OF THE DIRECTOR, TO PROVIDE FOR CONSTRUCTION OF TERMS, TO PROVIDE FOR COL-
 33        LECTION OF FEES AND TO  PROVIDE  FOR  CRIMINAL  VIOLATIONS;  PROVIDING  AN
 34        EFFECTIVE  DATE, PROVIDING APPLICATION, PROVIDING TRANSITION AND PROVIDING
 35        THE EFFECT OF RULES.
                                                                        
 36    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 37        SECTION 1.  That Section 67-2402, Idaho Code, be, and the same  is  hereby
 38    amended to read as follows:
                                                                        
 39        67-2402.  STRUCTURE OF THE EXECUTIVE BRANCH OF IDAHO STATE GOVERNMENT. (1)
 40    Pursuant  to  section  20,  article  IV, Idaho constitution, all executive and
 41    administrative offices,  agencies,  and  instrumentalities  of  the  executive
 42    department  of  state, except for those assigned to the elected constitutional
 43    officers, are allocated among and within the following departments:
 44        Department of administration
 45        Department of agriculture
 46        Department of commerce
 47        Department of correction
 48        Department of labor
 49        Department of environmental quality
 50        Department of finance
 51        Department of fish and game
 52        Department of health and welfare
                                                                        
                                          3
                                                                        
  1        Department of insurance
  2        Department of juvenile corrections
  3        Idaho transportation department
  4        Industrial commission
  5        Department of lands
  6        Department of law enforcement
  7        Department of parks and recreation
  8        Department of revenue and taxation
  9        Department of self-governing agencies
 10        Department of water resources
 11        State board of education
 12        The public school districts of Idaho, having condemnation authority, shall
 13    be considered civil departments of state government for  the  purpose  of  and
 14    limited to the purchase of state endowment land at appraised prices.
 15        (2)  The governor, lieutenant governor, secretary of state, state control-
 16    ler,  state  treasurer, attorney general and superintendent of public instruc-
 17    tion each heads a constitutional office.
 18        (3)  For its internal structure, unless specifically  provided  otherwise,
 19    each department shall adhere to the following standard terms:
 20        (a)  The principal unit of a department is a division. Each division shall
 21        be  headed by an administrator. The administrator of any division shall be
 22        exempt from the provisions of chapter 53, title 67, Idaho Code.
 23        (b)  The principal unit of a division is a bureau. Each  bureau  shall  be
 24        headed by a chief.
 25        (c)  The  principal  unit  of a bureau is a section. Each section shall be
 26        headed by a supervisor.
                                                                        
 27        SECTION 2.  That Section 67-2406, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        67-2406.  DIRECTORS  OF  DEPARTMENTS  ENUMERATED. The following department
 30    directors are created:
 31        Director, department of administration
 32        Director, department of agriculture
 33        Director, department of commerce
 34        Director, department of correction
 35        Director, department of labor
 36        Director, department of finance
 37        Director, department of fish and game
 38        Director, department of environmental quality
 39        Director, department of health and welfare
 40        Director, department of insurance
 41        Director, department of juvenile corrections
 42        Director, Idaho transportation department
 43        Director, department of lands
 44        Director, department of law enforcement
 45        Director, department of parks and recreation
 46        Director, department of water resources.
 47
 48        SECTION 3.  That Section 59-904, Idaho Code, be, and the  same  is  hereby
 49    amended to read as follows:
                                                                        
 50        59-904.  STATE  OFFICES  --  VACANCIES,  HOW FILLED AND CONFIRMED. (a) All
 51    vacancies in any state office, and in the supreme and district courts,  unless
 52    otherwise provided for by law, shall be filled by appointment by the governor.
                                                                        
                                          4
                                                                        
  1    Appointments  to fill vacancies pursuant to this section shall be made as pro-
  2    vided in subsections (b), (c), (d), (e), and (f) of this section,  subject  to
  3    the limitations prescribed in those subsections.
  4        (b)  Nominations  and  appointments  to  fill  vacancies  occurring in the
  5    office of lieutenant governor, state controller, state treasurer, superintend-
  6    ent of public instruction, attorney general and secretary of  state  shall  be
  7    made by the governor, subject to the advice and consent of the senate, for the
  8    balance of the term of office to which the predecessor of the person appointed
  9    was elected.
 10        (c)  Nominations and appointments to and vacancies in the following listed
 11    offices shall be made or filled by the governor subject to the advice and con-
 12    sent  of the senate for the terms prescribed by law, or in case such terms are
 13    not prescribed by law, then to serve at the pleasure of the governor:
 14        Director of the department of administration,
 15        Director of the department of finance,
 16        Director of the department of insurance,
 17        Director, department of agriculture,
 18        Director of the department of labor,
 19        Director of the department of water resources,
 20        Director of the department of law enforcement,
 21        Director of the department of commerce,
 22        Director of the department of environmental quality,
 23        Director of the department of juvenile corrections,
 24        Executive director of the commission of pardons and parole,
 25        The state historic preservation officer,
 26        The administrator of the division of human resources,
 27        Member of the state tax commission,
 28        Members of the board of regents of the university of Idaho and  the  state
 29        board of education,
 30        Members of the Idaho water resources board,
 31        Members of the state fish and game commission,
 32        Members of the Idaho transportation board,
 33        Members of the state board of health and welfare,
 34        Members of the board of environmental quality,
 35        Members of the board of directors of state parks and recreation,
 36        Members of the board of correction,
 37        Members of the industrial commission,
 38        Members of the Idaho public utilities commission,
 39        Members of the Idaho personnel commission,
 40        Members of the board of directors of the Idaho state retirement system,
 41        Members of the board of directors of the state insurance fund,
 42        Members of the commission of pardons and parole.
 43        (d)  Appointments  made  by  the  state board of land commissioners to the
 44    office of director, department of lands, and appointments  to  fill  vacancies
 45    occurring  in  those  offices shall be submitted by the president of the state
 46    board of land commissioners to the senate for the advice and  consent  of  the
 47    senate in accordance with the procedure prescribed in this section.
 48        (e)  Appointments  made  pursuant  to  this section while the senate is in
 49    session shall be submitted to the senate forthwith for the advice and  consent
 50    of  that  body.  The  appointment so made and submitted shall not be effective
 51    until the approval of the senate has been recorded in the journal of the  sen-
 52    ate.  Appointments  made  pursuant  to this section while the senate is not in
 53    session shall be effective until the appointment has  been  submitted  to  the
 54    senate  for  the  advice  and consent of the senate. Should the senate adjourn
 55    without granting its consent to such an interim  appointment  the  appointment
                                                                        
                                          5
                                                                        
  1    shall  thereupon become void and a vacancy in the office to which the appoint-
  2    ment was made shall exist.
  3        All appointments made pursuant to subsection (c) of this  section,  except
  4    those appointments for which a term of office is fixed by law, shall terminate
  5    at  the  expiration of any gubernatorial term. Appointments to fill the vacan-
  6    cies thus created by the expiration of the term  of  office  of  the  governor
  7    shall  be forthwith submitted to the senate for the advice and consent of that
  8    body, and when so submitted shall be as expeditiously considered as possible.
  9        Upon receipt of an appointment in the senate for the purpose  of  securing
 10    the advice and consent of the senate, the appointment shall be referred by the
 11    presiding officer to the appropriate committee of the senate for consideration
 12    and report prior to action thereon by the full senate.
 13        (f)  It  is the intent of the legislature that the provisions of this sec-
 14    tion as amended by this chapter shall not apply  to  appointments  which  have
 15    been  made  prior  to  the  effective  date of this chapter. It is the further
 16    intent of the legislature that the provisions of this section shall  apply  to
 17    the  offices listed in this section and to any office created by law or execu-
 18    tive order which succeeds to the powers, duties, responsibilities and authori-
 19    ties of any of the offices listed in subsections (c) and (d) of this section.
                                                                        
 20        SECTION 4.  That Chapter 1, Title 39, Idaho Code,  be,  and  the  same  is
 21    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 22    ignated as Section 39-102A, Idaho Code, and to read as follows:
                                                                        
 23        39-102A.  LEGISLATIVE INTENT IN CREATING DEPARTMENT OF ENVIRONMENTAL QUAL-
 24    ITY. The legislature finds and declares that:
 25        (1)  The creation and establishment of  the  department  of  environmental
 26    quality  to protect human health and the environment as its sole mission is in
 27    the public's interest;
 28        (2)  That all existing, but no new rights, powers, duties, budgets, funds,
 29    contracts,  rulemaking  proceedings,  administrative  proceedings,   contested
 30    cases,  civil  actions, and other matters relating to environmental protection
 31    as described in this chapter,  vested in the director  of  the  department  of
 32    health  and  welfare  and  the board of health and welfare on January 1, 2000,
 33    shall be transferred to the board of environmental quality, the department  of
 34    environmental  quality  and its director as described herein effective July 1,
 35    2000;
 36        (3)  That protecting environmental values including, but not  limited  to,
 37    clean  air,  water  and  soil, reducing or eliminating environmental pollution
 38    arising from human activities, ensuring the proper treatment, storage and dis-
 39    posal of hazardous wastes and ensuring the proper cleanup and  restoration  of
 40    existing natural resources are vital interests of the state of Idaho;
 41        (4)  That it is in the interest of the state and its citizens to establish
 42    a  department  of environmental quality to carry out programs to protect human
 43    health and the environment, to enforce environmental laws and  develop  pollu-
 44    tion  prevention, compliance assistance and other environmental incentive pro-
 45    grams;
 46        (5)  That the goals to protect human health and  the  environment  can  be
 47    best achieved by vesting responsibility for environmental protection as speci-
 48    fied  herein  in  a state department which has as its sole mission, protection
 49    for human health and the environment for the state of Idaho and its residents;
 50        (6)  The legislature further intends that environmental  quality  programs
 51    be  promulgated  and  managed such that the benefits of pollution control mea-
 52    sures have a reasonable relationship to the public health costs, private prop-
 53    erty rights, environmental, economic and energy impacts of such measures, pro-
                                                                        
                                          6
                                                                        
  1    vided that this section does not require  the  preparation  of  any  economic,
  2    environmental or other statement;
  3        (7)  That the department of environmental quality shall utilize the desig-
  4    nated  program appropriations made to the department of health and welfare for
  5    environmental program functions, the division of environmental quality and the
  6    INEEL oversight program for fiscal year 2001.
                                                                        
  7        SECTION 5.  That Section 39-103, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        39-103.  DEFINITIONS.  Whenever  used or referred to in this act, unless a
 10    different meaning clearly appears from the context, the following terms  shall
 11    have the following meanings:
 12        (1)  "Air  contaminant"  or  "air contamination" means the presence in the
 13    outdoor atmosphere of any dust, fume, mist, smoke, radionuclide, vapor, gas or
 14    other gaseous fluid or particulate substance differing in composition from  or
 15    exceeding in concentration the natural components of the atmosphere.
 16        (2)  "Air  pollution"  means the presence in the outdoor atmosphere of any
 17    contaminant or combination thereof in such quantity of such nature  and  dura-
 18    tion  and  under such conditions as would be injurious to human health or wel-
 19    fare, to animal or plant life, or to property, or  to  interfere  unreasonably
 20    with the enjoyment of life or property.
 21        1.(3)  "Board"  means  the  board  of  health  and  welfare  environmental
 22    quality.
 23        2.(4)  "Department" means the department of health and welfare environmen-
 24    tal quality.
 25        3.(5)  "Director"  means the director of the department of health and wel-
 26    fare environmental quality or the director's designee.
 27        4.  "State" means the state of Idaho.
 28        5.  "Air contaminant" or "air contamination" means  the  presence  in  the
 29    outdoor atmosphere of any dust, fume, mist, smoke, vapor, gas or other gaseous
 30    fluid  or  particulate substance differing in composition from or exceeding in
 31    concentration the natural components of the atmosphere.
 32        6.  "Air pollution" means the presence in the outdoor  atmosphere  of  any
 33    contaminant  or  combination thereof in such quantity of such nature and dura-
 34    tion and under such conditions as would be injurious to human health  or  wel-
 35    fare,  to  animal  or plant life, or to property, or to interfere unreasonably
 36    with the enjoyment of life or property.
 37        7.(6)  "Emission" means any controlled or  uncontrolled  release  or  dis-
 38    charge  into  the  outdoor  atmosphere  of  any air contaminant or combination
 39    thereof. Emission also includes any release or discharge of any  air  contami-
 40    nant from a stack, vent or other means into the outdoor atmosphere that origi-
 41    nates from an emission unit.
 42        8.  "Water  pollution" is such alteration of the physical, thermal, chemi-
 43    cal, biological or radioactive properties of any waters of the state, or  such
 44    discharge of any contaminant into the waters of the state as will or is likely
 45    to create a nuisance or render such waters harmful or detrimental or injurious
 46    to  public  health,  safety or welfare or to domestic, commercial, industrial,
 47    recreational, esthetic or other legitimate uses or to livestock, wild animals,
 48    birds, fish or other aquatic life.
 49        9.  "Waters" mean all the accumulations of water, surface and underground,
 50    natural and artificial, public and private, or parts thereof which are  wholly
 51    or partially within, flow through or border upon this state.
 52        10.  "Solid  waste" means garbage, refuse, and other discarded solid mate-
 53    rials, including solid waste materials resulting from industrial,  commercial,
                                                                        
                                          7
                                                                        
  1    and  agricultural  operations,  and  from  community  activities, but does not
  2    include solid or dissolved materials in domestic sewage or  other  significant
  3    pollutants  in water resources, such as silt, dissolved or suspended solids in
  4    industrial waste water effluents, dissolved  materials  in  irrigation  return
  5    flows or other common water pollutants.
  6        11.  "Solid waste disposal" means the collection, storage, treatment, uti-
  7    lization, processing or final disposal of solid waste.
  8        12.  "Laboratory"  means  not only facilities for biological, serological,
  9    biophysical, cytological and pathological tests, but also facilities  for  the
 10    chemical  or  other  examination  of  materials  from water, air or other sub-
 11    stances.
 12        13.  "Person" means any individual, association, partnership, firm,  joint
 13    stock  company, trust, estate, political subdivision, public or private corpo-
 14    ration, state or federal governmental department, agency  or  instrumentality,
 15    or  any other legal entity which is recognized by law as the subject of rights
 16    and duties.
 17        14.  "Public swimming pool" means an artificial structure, and its  appur-
 18    tenances,  which  contains  water more than two (2) feet deep which is used or
 19    intended to be used for swimming or recreational bathing, and which is for the
 20    use of any segment of the public pursuant to a general invitation but  not  an
 21    invitation to a specific occasion or occasions.
 22        15.  "Public  water  supply" means all mains, pipes and structures through
 23    which water is obtained and distributed to the  public,  including  wells  and
 24    well structures, intakes and cribs, pumping stations, treatment plants, reser-
 25    voirs,  storage  tanks  and appurtenances, collectively or severally, actually
 26    used or intended for use for the purpose of furnishing water for  drinking  or
 27    general  domestic use in incorporated municipalities; or unincorporated commu-
 28    nities where ten (10) or more separate premises or households are being served
 29    or intended to be served; or any other supply which serves water to the public
 30    and which the department of health and  welfare  declares  to  have  potential
 31    health significance.
 32        (7)  "Laboratory"  means  not only facilities for biological, serological,
 33    biophysical, cytological and pathological tests, but also facilities  for  the
 34    chemical or other examination of materials from water or other substances.
 35        (8)  "Medical  waste  combustor"  means  any device, incinerator, furnace,
 36    boiler or burner, and any  and  all  appurtenances  thereto,  which  burns  or
 37    pyrolyzes  medical  waste  consisting of human or animal tissues, medical cul-
 38    tures, human blood or blood products, materials contaminated with human  blood
 39    or  tissues,  used or unused surgical wastes, used or unused sharps, including
 40    hypodermic needles, suture needles, syringes and scalpel blades.
 41        (9)  "Person" means any individual, association, partnership, firm,  joint
 42    stock  company, trust, estate, political subdivision, public or private corpo-
 43    ration, state or federal governmental department, agency  or  instrumentality,
 44    or any other legal entity which is recognized by law as the subject  of rights
 45    and duties.
 46        (10) "Public  water  supply" means all mains, pipes and structures through
 47    which water is obtained and distributed to the  public,  including  wells  and
 48    well structures, intakes and cribs, pumping stations, treatment plants, reser-
 49    voirs,  storage  tanks  and appurtenances, collectively or severally, actually
 50    used or intended for use for the purpose of furnishing water for  drinking  or
 51    general  domestic use in incorporated municipalities; or unincorporated commu-
 52    nities where ten (10) or more separate premises or households are being served
 53    or intended to be served; or any other supply which serves water to the public
 54    and which the department declares to have potential health significance.
 55        (11) "Solid waste" means garbage, refuse,  radionuclides  and  other  dis-
                                                                        
                                          8
                                                                        
  1    carded  solid materials, including solid waste materials resulting from indus-
  2    trial, commercial and agricultural operations and  from  community  activities
  3    but  does not include solid or dissolved materials in domestic sewage or other
  4    significant pollutants in water resources, such as  silt,  dissolved  or  sus-
  5    pended  solids  in  industrial  waste  water effluents, dissolved materials in
  6    irrigation return flows or other common water pollutants.
  7        (12) "Solid waste disposal" means the collection, storage, treatment, uti-
  8    lization, processing or final disposal of solid waste.
  9        (13) "State" means the state of Idaho.
 10        16.(14) "Substantive" means that which creates, defines or  regulates  the
 11    rights  of  any  person or implements, interprets or prescribes law or policy,
 12    but does not include statements concerning only the internal management of the
 13    department and not affecting private rights or  procedures  available  to  the
 14    public.
 15        17. "Nutrient"  means  any  one (1) of the natural elements including, but
 16    not limited to, carbon, hydrogen,  oxygen,  nitrogen,  potassium,  phosphorus,
 17    magnesium, sulfur, calcium, sodium, iron, manganese, copper, zinc, molybdenum,
 18    vanadium, boron, chlorine, cobalt and silicon, that are essential to plant and
 19    animal growth.
 20        18. "Medical  waste  combustor"  means  any  device, incinerator, furnace,
 21    boiler or burner, and any  and  all  appurtenances  thereto,  which  burns  or
 22    pyrolyzes  medical  waste  consisting of human or animal tissues, medical cul-
 23    tures, human blood or blood products, materials contaminated with human  blood
 24    or  tissues,  used  or unused surgical wastes, used or unused sharps including
 25    hypodermic needles, suture needles, syringes and scalpel blades.
 26        (15) "Water pollution" is such alteration of the physical, thermal, chemi-
 27    cal, biological or radioactive properties of any waters of the state, or  such
 28    discharge of any contaminant into the waters of the state as will or is likely
 29    to  create a nuisance or render  such waters harmful or detrimental or injuri-
 30    ous to public health, safety or welfare or  to  domestic,  commercial,  indus-
 31    trial,  recreational,  esthetic or other legitimate uses or to livestock, wild
 32    animals, birds, fish or other aquatic life.
 33        (16) "Waters" means all accumulations of water, surface  and  underground,
 34    natural  and  artificial, public and private or parts thereof which are wholly
 35    or partially within, flow through or border upon this state except for private
 36    waters as defined in section 42-212, Idaho Code.
                                                                        
 37        SECTION 6.  That Section 39-104, Idaho Code, be, and the  same  is  hereby
 38    amended to read as follows:
                                                                        
 39        39-104.  DEPARTMENT  OF  HEALTH  AND WELFARE ENVIRONMENTAL QUALITY -- CRE-
 40    ATION. -- ENVIRONMENTAL PROTECTION DIVISION  --  ADMINISTRATIVE  REGIONS.  (1)
 41    There  is  created  and  established  in  the state government a department of
 42    health and welfare environmental quality which shall for the purposes of  sec-
 43    tion 20, article IV, of the constitution of the state of Idaho be an executive
 44    department  of the state government. The executive and administrative power of
 45    this department shall be vested in the director of the department who shall be
 46    appointed and serve at the pleasure of the governor, with the advice and  con-
 47    sent of the senate.
 48        (2)  The  department  shall  be organized into an environmental protection
 49    division and into in such other administrative and general services  divisions
 50    or  regions as may be necessary in order to efficiently administer the depart-
 51    ment. Each division shall be headed by an division administrator who shall  be
 52    appointed  by  and serve at the pleasure of the director. with the concurrence
 53    of the board.
                                                                        
                                          9
                                                                        
  1        (3)  The INEEL coordinator-manager, rRegional administrators and assistant
  2    division administrators in the environmental protection division shall be non-
  3    classified employees exempt from the provisions of chapter 53, title 67, Idaho
  4    Code.
  5        (4)  In order to provide more effective and economical access to the state
  6    environmental, health, and social services by the people of Idaho, the  gover-
  7    nor  is hereby authorized to establish substate administrative regions. In the
  8    designation of these regions specific consideration shall be given to the geo-
  9    graphic and economic  convenience  of  the  citizens  included  therein.  Each
 10    substate  administrative region shall be headed by a regional deputy who shall
 11    be appointed by and serve at the pleasure of the director with the concurrence
 12    of the board No provision of this title shall be interpreted as to  supersede,
 13    abrogate,  injure or create rights to divert or store water and apply water to
 14    beneficial uses established under section 3, article XV of the constitution of
 15    the state of Idaho and title 42, Idaho Code.  Nothing in this title  shall  be
 16    construed  to  allow  the  department  to  establish a water right for minimum
 17    stream flows or a water right for minimum water levels in  any  lakes,  reser-
 18    voirs or impoundments.  Minimum stream flows and minimum water levels may only
 19    be established pursuant to chapter 15, title 42, Idaho Code.
 20        (5)  Nothing  in  this title shall be construed to allow the department to
 21    establish or require minimum stream flows which would prevent any  water  from
 22    being  diverted  for irrigation purposes pursuant to existing water rights, or
 23    to establish or require minimum water  levels  in  any  lakes,  reservoirs  or
 24    impoundments  in which any water is stored for irrigation purposes which would
 25    adversely affect  existing water rights or contracts with the federal  govern-
 26    ment.
                                                                        
 27        SECTION  7.  That  Section 39-104A, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        39-104A.  AUTHORITY TO MAKE RULES REGULATING LARGE SWINE AND POULTRY FEED-
 30    ING OPERATIONS. (1) The state of Idaho  is  experiencing  the  development  of
 31    large  swine  and poultry feeding operations which are inadequately controlled
 32    through existing state regulatory mechanisms. If not properly regulated, these
 33    facilities pose a threat to the state's surface and  ground  water  resources.
 34    Due  to  existing  rulemaking authority, the department of health and welfare,
 35    division of environmental quality, is in the best position of all state  agen-
 36    cies  to modify its present rules and to make new rules to develop an adequate
 37    regulatory framework for large swine and poultry feeding operations.
 38        (2)  The department of health and welfare environmental quality is  autho-
 39    rized  to modify its existing administrative rules and to make new rules regu-
 40    lating large swine and poultry feeding operations, as they shall be defined by
 41    the department. The department is authorized to work with the Idaho department
 42    of agriculture in the development of such rules.
                                                                        
 43        SECTION 8.  That Section 39-105, Idaho Code, be, and the  same  is  hereby
 44    amended to read as follows:
                                                                        
 45        39-105.  POWERS  AND  DUTIES  OF THE DIRECTOR. The director shall have the
 46    following powers and duties:
 47        (1.)  All of the rights, powers and duties of  the  department  of  public
 48    health,  the  department of health, the board of health, and the air pollution
 49    control commission, are hereby transferred to the director of  the  department
 50    of  health  and  welfare, provided, however, that rulemaking and hearing func-
 51    tions relating to environmental protection, public health  and  licensure  and
                                                                        
                                          10
                                                                        
  1    certification  standards  shall  be  vested in the board of health and welfare
  2    regarding environmental protection  functions  vested  in  the  department  of
  3    health and welfare, and its director, administered by the division of environ-
  4    mental  quality,  including, but not limited to, those provided by chapters 1,
  5    4, 30, 36, 44, 58, 62, 64, 65, 66, 70, 71, 72 and 74, title  39,  Idaho  Code.
  6    The  director  shall have all such powers and duties as described in this sec-
  7    tion as may have been or could have been exercised by his predecessors in law,
  8    including the authority to adopt, promulgate, and enforce  rules  and  regula-
  9    tions  in  those  circumstances  when  the authority to adopt, promulgate, and
 10    enforce such rules and regulations is not vested in the board  of  health  and
 11    welfare,  and  shall  be  the  successor in law to all contractual obligations
 12    entered into by his predecessors in law. All rulemaking proceedings and  hear-
 13    ings  of the director shall be governed by the provisions of chapter 52, title
 14    67, Idaho Code.
 15        (2.)  The director shall, pursuant and subject to the  provisions  of  the
 16    Idaho  Code,  and  the  provisions of this act, formulate and recommend to the
 17    board, rules, regulations, codes and standards, as may be  necessary  to  deal
 18    with  problems  related  to  personal  health, water pollution, air pollution,
 19    visual pollution, noise abatement, solid waste  disposal,  and  licensure  and
 20    certification  requirements  pertinent  thereto, which shall, upon adoption by
 21    the board, have the force of the law relating to any purpose which may be nec-
 22    essary and feasible for enforcing the provisions of this act,  including,  but
 23    not  limited  to, the prevention, control or abatement of environmental pollu-
 24    tion or degradation including radionuclides and the maintenance and protection
 25    of personal risks to public  health related to any of the  powers  and  duties
 26    described in this section. Any such regulation or standard rule may be of gen-
 27    eral  application  throughout the state or may be limited as to times, places,
 28    circumstances or conditions in order to  make  due  allowance  for  variations
 29    therein.
 30        (3.)  The  director,  under  the  rules,  regulations,  codes or standards
 31    adopted by the board, shall have the general supervision of the promotion  and
 32    protection of the life, health, mental health and environment of the people of
 33    this  state.  The  powers and duties of the director shall include, but not be
 34    limited to, the following:
 35        (a.)  The issuance of licenses and permits as prescribed by law and by the
 36        rules and regulations of the board promulgated  hereunder.  For  each  air
 37        quality operating permit issued under title V of the federal clean air act
 38        and  its implementing regulations, the director shall, consistent with the
 39        federal clean air act and its implementing regulations, expressly  include
 40        a  provision  stating  that  compliance  with the conditions of the permit
 41        shall be deemed compliance with the applicable requirements of the federal
 42        clean air act and the title V implementing regulations.  The director  may
 43        develop  and  issue  general permits covering numerous similar sources, as
 44        authorized by 40 CFR 70.6(d) as may be amended, and as appropriate.
 45        b.  The supervision and administration of laboratories and the supervision
 46        and administration of standards  of  tests  for  environmental  pollution,
 47        chemical analyses and communicable diseases. The director may require that
 48        laboratories  operated  by  any city, county, institution, person, firm or
 49        corporation for health or environmental purposes conform to standards  set
 50        by the board.
 51        c.  The  supervision  and administration of a mental health program, which
 52        shall include services for the evaluation, screening, custody  and  treat-
 53        ment of the mentally ill and those persons suffering from a mental defect,
 54        or mental defects.
 55        d.  The  enforcement of minimum standards of health, safety and sanitation
                                                                        
                                          11
                                                                        
  1        for all public swimming pools within the state.
  2        e.(b)  The enforcement of standards, rules and  regulations,  relating  to
  3        public  water  supplies  and to administer the drinking water loan account
  4        fund pursuant to chapter 76, title 39, Idaho Code, including making  loans
  5        to  eligible  public drinking water systems as defined in the federal safe
  6        drinking water act as amended, and to comply with all requirements of  the
  7        act,  42  U.S.C. 300f, et seq. and regulations promulgated pursuant to the
  8        act. This includes, but is not limited to, the adoption and implementation
  9        of an operator certification program; the development of  and  implementa-
 10        tion  of  a  capacity development strategy to ensure public drinking water
 11        systems have the technical, managerial and financial capability to  comply
 12        with  the national primary drinking water regulations; and the enhancement
 13        of protection of source waters for public drinking water systems.
 14        f.  The supervision and administration of the various  schools,  hospitals
 15        and  institutions  that  were the responsibility of the board of health at
 16        the time this act went into effect.
 17        g.  The supervision and administration of services dealing with the  prob-
 18        lems of alcoholism including, but not limited to, the care and rehabilita-
 19        tion of persons suffering from alcoholism.
 20        h.(c)  The  establishment  of liaison with other governmental departments,
 21        agencies and boards in order  to  effectively  assist  other  governmental
 22        entities  with the planning for the control of or abatement of environmen-
 23        tal and health problems pollution. All of the rules, regulations and stan-
 24        dards adopted by the board hereunder shall apply to state institutions.
 25        i.  The supervision and administration of  an  emergency  medical  service
 26        program  including, but not limited to, assisting other governmental agen-
 27        cies and local governmental units, in providing first aid emergency  medi-
 28        cal services and for transportation of the sick and injured.
 29        j.(d)  The  supervision  and  administration  of a system to safeguard air
 30        quality and for limiting and controlling the emission of air contaminants.
 31        k.(e)  The supervision and administration of a  system  to  safeguard  the
 32        quality  of  the  waters  of this state including, but not limited to, the
 33        enforcement of standards rules relating to the discharge of effluent  into
 34        the  waters  of this state and the storage, handling and transportation of
 35        solids, liquids, and gases which may cause or contribute to  water  pollu-
 36        tion. For purposes of complying with the clean water act, the director may
 37        provide an exemption from additional reductions for those nonpoint sources
 38        that  meet  the  applicable  reductions  set  forth in an approved TMDL as
 39        defined in chapter 36, title 39, Idaho Code.
 40        l.(f)  The supervision and administration of  administrative  units  whose
 41        responsibility  shall  be  to assist and encourage counties, cities, other
 42        governmental units, and industries in the control of and/or  abatement  of
 43        environmental and health problems pollution.
 44        m.(g)  The  administration  of solid waste disposal site and design review
 45        in accordance with the provisions of chapter 74, title 39, Idaho Code, and
 46        chapter 4, title 39, Idaho Code, and in particular as follows:
 47             (i.)   The issuance of a solid waste disposal site certificate in the
 48             manner provided in chapter 74, title 39, Idaho Code.
 49             (ii.)  Provide review and approval  regarding  the  design  of  solid
 50             waste  disposal  facilities  and  ground water monitoring systems and
 51             approval of all applications for flexible standards as provided in 40
 52             CFR 258, in accordance with the provisions of chapter 74,  title  39,
 53             Idaho Code.
 54             (iii.) Cooperating  and  coordinating  with operational monitoring of
 55             solid waste disposal sites by district health departments pursuant to
                                                                        
                                          12
                                                                        
  1             authority established in chapters 4 and 74, title 39, Idaho Code.
  2             (iv.)  The authority granted to the director pursuant  to  provisions
  3             of  this  subsection shall be effective upon enactment of chapter 74,
  4             title 39, Idaho Code, by the legislature.
  5             (v.)   The authority to develop and propose regulations rules as nec-
  6             essary to supplement details  of  compliance  with  the  solid  waste
  7             facilities act and applicable federal regulations, provided that such
  8             regulations  shall  not  conflict with the provisions of this act nor
  9             shall such regulations be more strict than  the  requirements  estab-
 10             lished in federal law or in the solid waste facilities act.
 11        n.(h)  The  enforcement  of  all laws, rules, regulations, codes and stan-
 12        dards relating to environmental protection and health.
 13        o.  The formulation and adoption of a comprehensive state nutrient manage-
 14        ment plan for the surface waters of the state  of  Idaho  in  consultation
 15        with the appropriate state or federal agencies, local units of government,
 16        and  with  the public involvement as provided for under the administrative
 17        procedure act. The  director shall recommend by  March  1,  1990,  to  the
 18        board  for  adoption,  rules  and regulations setting forth procedures for
 19        development of the plan, including mechanisms to keep the public  informed
 20        and encourage public participation in plan development.
 21             The  plan  shall be developed on a hydrologic basin unit basis with a
 22        lake system emphasis. The panhandle hydrologic basin plan  shall  be  com-
 23        pleted no later than July 1, 1995. The remaining basin plans shall be com-
 24        pleted  no  later  than January 1, 1995. Each plan shall identify nutrient
 25        sources; the  dynamics  of  nutrient  removal,  use,  and  dispersal;  and
 26        preventative  or  remedial actions where feasible and necessary to protect
 27        the surface waters of the state. The director shall formulate  and  recom-
 28        mend  to  the  board  for  adoption  rules and regulations as necessary to
 29        implement the plan. The plan shall be used by  the  department  and  other
 30        appropriate  agencies including soil conservation districts, public health
 31        districts and local units  of  government  in  developing    programs  for
 32        nutrient  management.  State  and local units of government shall exercise
 33        their police powers in compliance with the  comprehensive  state  nutrient
 34        management plan of this act. Local nutrient management programs adopted by
 35        any  local unit of government prior to the completion of the state compre-
 36        hensive nutrient management plan or a hydrologic basin plan shall be  con-
 37        sistent  with the criteria for inclusion in the comprehensive state nutri-
 38        ent management plan as enumerated in  this  subsection,  as  evidenced  by
 39        findings  of  fact  by  the local units of government and confirmed by the
 40        division of environmental quality and the local health district board. The
 41        director shall recommend by March 1, 1990,  to  the  board  for  adoption,
 42        rules and regulations for procedures to determine consistency.
 43        p.  The  formulation of a water quality management plan for Priest lake in
 44        conjunction with a planning team from the Priest lake area  whose  member-
 45        ship  shall be appointed by the board and consist of a fair representation
 46        of the various land managers, and user and interest groups of the lake and
 47        its Idaho watershed. The stated goal of the plan shall be to maintain  the
 48        existing  water  quality of Priest lake while continuing existing nonpoint
 49        source activities in the watershed and providing for project specific best
 50        management practices when necessary. The plan shall include  comprehensive
 51        characterization  of  lake  water quality through completion of a baseline
 52        monitoring program to be conducted by the department  and  shall  consider
 53        existing  economics  and  nonpoint source activity dependent industries of
 54        the Priest lake area. The planning team shall conduct public hearings  and
 55        encourage  public participation in the plan development including opportu-
                                                                        
                                          13
                                                                        
  1        nity for public review and input. Technical  assistance  to  the  planning
  2        team  with  state nonpoint source management programs in forest practices,
  3        road construction and maintenance, agriculture and mining  shall  be  pro-
  4        vided by the department. Technical assistance to the planning team on area
  5        planning,  zoning  and sanitary regulations shall be provided by the clean
  6        lakes council. The plan shall be submitted to the board for  its  approval
  7        at  the  end  of a three (3) year plan development period. Upon review and
  8        acceptance by the board, the plan shall be submitted  to  the  legislature
  9        for  amendment,  adoption or rejection. If adopted by the legislature, the
 10        plan shall be enacted by passage of a statute at the  regular  legislative
 11        session  when  it receives the plan and shall have the force and effect of
 12        law. Existing forest practices, agricultural and  mining  nonpoint  source
 13        management programs are considered to be adequate to protect water quality
 14        during the plan development period.
 15        q.(i)  The  adoption  and  implementation  of a public wastewater operator
 16        certification program to ensure the operators of public wastewater  treat-
 17        ment facilities  have the technical expertise and certification  to comply
 18        with  federal regulations and state rules dealing with wastewater; and the
 19        enhancement and protection of source waters of the state pursuant to rules
 20        of the board.
 21        (4.)  The director, when so designated by the  governor,  shall  have  the
 22    power  to  apply  for, receive on behalf of the state, and utilize any federal
 23    aid, grants, gifts, gratuities, or moneys made available through  the  federal
 24    government  including, but not limited to, the federal water pollution control
 25    act, for use in or by the state of Idaho in relation to health and environmen-
 26    tal protection.
 27        (5.)  The director shall have the power to enter into and  make  contracts
 28    and  agreements  with any public agencies or municipal corporation for facili-
 29    ties, land, and equipment when such use will  have  a  beneficial,  or  recre-
 30    ational,  or therapeutic effect or be in the best interest in carrying out the
 31    duties imposed upon the department.
 32        The director shall also have the power to enter  into  contracts  for  the
 33    expenditure  of  state matching funds for local purposes. This subsection will
 34    constitute the authority for public  agencies  or  municipal  corporations  to
 35    enter into such contracts and expend money for the purposes delineated in such
 36    contracts.
 37        (6.)  The  director  is authorized to adopt an official seal to be used on
 38    appropriate occasions, in connection with the functions of the  department  or
 39    the  board,  and  such  seal shall be judicially noticed. Copies of any books,
 40    records, papers and other documents in the department  shall  be  admitted  in
 41    evidence  equally  with  the  originals  thereof when authenticated under such
 42    seal.
                                                                        
 43        SECTION 9.  That Section 39-106, Idaho Code, be, and the  same  is  hereby
 44    amended to read as follows:
                                                                        
 45        39-106.  DIRECTOR -- ADDITIONAL POWERS AND DUTIES -- TRANSFER AND CONTINU-
 46    ATION  OF  RULES  AND  OTHER PROCEEDINGS. (1.) The director shall exercise the
 47    following powers and duties in addition to all other powers and duties  inher-
 48    ent in the position:
 49        (a.)  Prescribe  such rules and regulations policies and procedures as may
 50        be necessary for the administration of the  department,  the  conduct  and
 51        duties  of  the employees, the orderly and efficient management of depart-
 52        ment business,  and  the  custody,  use  and  preservation  of  department
 53        records, papers, books and property belonging to the state.
                                                                        
                                          14
                                                                        
  1        (b.)  Employ  such  personnel  as may be deemed necessary, prescribe their
  2        duties and fix their compensation within the limits provided by the  state
  3        personnel system law.
  4        (c.)  Administer  oaths  for all purposes required in the discharge of his
  5        duties.
  6        (d.)  Prescribe the qualifications of all personnel of the department on a
  7        nonpartisan merit basis, in accordance with  the  Idaho  personnel  system
  8        law,  provided, however, that the administrators in charge of any division
  9        of the department, and the administrators in charge of the state  veterans
 10        homes,  state hospital north, state hospital south, and Idaho state school
 11        and hospital shall serve at the pleasure of the director.
 12        (e.)  Create such units, sections and subdivisions as are or may be neces-
 13        sary for the proper and efficient functioning of the department.
 14        2.  All of the executive and administrative duties, powers  and  functions
 15    transferred to the administrator of the department of environmental and commu-
 16    nity  services  by  chapter  87,  Laws  of 1973, are hereby transferred to the
 17    director of the department of health and welfare, who shall be  the  successor
 18    in law to all contractual obligations entered into by his predecessors in law.
 19        3.(2)  All  rights  and title to property transferred to and vested in the
 20    department of environmental and community services  by  chapter  87,  Laws  of
 21    1973,  are  hereby  transferred  to and vested in the department of health and
 22    welfare All books, records, papers, documents, property,  real  and  personal,
 23    unexpended  appropriations  and  pending business in any way pertaining to the
 24    rights, powers and duties regarding environmental protection functions  vested
 25    in  the department of health and welfare and its director, administered by the
 26    division of environmental quality,  are  transferred  to  and  vested  in  the
 27    department  and its director. The department established by this act is empow-
 28    ered to acquire, by purchase or exchange, any property which in  the  judgment
 29    of  the department is not needful for the operation of the facilities and pro-
 30    grams for which it is responsible and to dispose of, by sale or exchange,  any
 31    property which in the judgment of the department is not needful for the opera-
 32    tion of the same.
 33        4.(3)  All codes, rules, regulations, standards, plans, licenses, permits,
 34    and  certificates  consent  orders,  compliance  schedules, certification, and
 35    other agreements pertaining to environmental protection functions administered
 36    by the division of environmental quality heretofore adopted or issued  by  the
 37    board  of  environmental and community services, or the department of environ-
 38    mental and community services, pursuant to chapter 87, Laws of  1973,  depart-
 39    ment  of health and welfare and its director are transferred to the department
 40    of environmental quality and shall remain  in  full  force  and  effect  until
 41    superseded.  by  rules,  regulations,  standards, plans, licenses, permits and
 42    certificates duly adopted or issued under the provisions of this act The terms
 43    "department" and "director" in such documents shall  mean  the  department  of
 44    environmental quality and its director, until such documents are amended.
 45        (4)  The department of environmental quality and its director shall be the
 46    successor  to  all  rights,  powers and duties of the department of health and
 47    welfare and its director regarding all rulemaking proceedings,  administrative
 48    proceedings,  contested cases, civil actions, contracts, delegations, authori-
 49    zations and other matters pertaining to environmental protection functions.
                                                                        
 50        SECTION 10.  That Section 39-107, Idaho Code, be, and the same  is  hereby
 51    amended to read as follows:
                                                                        
 52        39-107.  BOARD  --  COMPOSITION  --  OFFICERS -- COMPENSATION -- POWERS --
 53    SUBPOENA -- DEPOSITIONS -- REVIEW -- RULES.
                                                                        
                                          15
                                                                        
  1        (1.)  (a) The board of health and welfare environmental quality shall con-
  2        sist of seven (7) members who shall be appointed by the governor, with the
  3        advice and consent of the senate. The members  may  be  removed  by  shall
  4        serve at the pleasure of the governor. for cause. Each member of the board
  5        shall be a citizen of the United States, a resident of the state of Idaho,
  6        and a qualified elector, and shall be appointed to assure appropriate geo-
  7        graphic  representation of the state of Idaho. Not more than four (4) mem-
  8        bers of the board shall be from any one (1) political party. All  Two  (2)
  9        members  of  the  board shall be chosen with due regard to their knowledge
 10        and interest in environmental protection and health solid waste;  two  (2)
 11        members  shall  be chosen for their knowledge of and interest in air qual-
 12        ity; two (2) members shall be chosen for their knowledge of  and  interest
 13        in  water  quality; and one (1) member shall be chosen with due regard for
 14        his knowledge of and interest in air, water and solid waste issues.
 15        (b)  The members of the board of environmental quality shall be  appointed
 16        for  a  term of four (4) years. In appointing members whose terms begin in
 17        2000, the governor shall designate three (3) members to be appointed for a
 18        term of three (3) years, two (2) members appointed for a term of four  (4)
 19        years,  and two (2) members appointed for a term of two (2) years. Succes-
 20        sors to the members appointed for a term of less than four (4) years shall
 21        be appointed for a term of four (4) years thereafter.
 22        (2.)  The members of the board of environmental  and  community  services,
 23    serving  on the effective date of this act shall continue in office as members
 24    of the board of health and welfare, subject to the  provisions  of  this  act.
 25    Four (4) members of the board of environmental and community services shall be
 26    designated  by  the governor to serve terms on the board of health and welfare
 27    expiring on the first Tuesday following the first Monday of January, 1975. The
 28    remaining three (3) members of the board of environmental and  community  ser-
 29    vices  shall  serve  terms  on the board of health and welfare expiring on the
 30    first Tuesday following the first Monday of  January,  1977.  Thereafter,  all
 31    members of the board of health and welfare shall serve four (4) year terms.
 32        3.  The board annually shall elect a chairman, a vice-chairman vice chair-
 33    man, and a secretary, and shall hold such meetings as may be necessary for the
 34    orderly  conduct of its business, and such meetings shall be held from time to
 35    time on seventy-two (72) hours' notice of the chairman or a  majority  of  the
 36    members.  Five  (5)  members  shall be necessary to constitute a quorum at any
 37    regular or special meeting and the action of the majority of  members  present
 38    shall  be  the  action of the board. The members of the board shall be compen-
 39    sated as provided in section 59-509(h), Idaho Code.
 40        4.(3)  The board, in furtherance of its duties under this  act  and  under
 41    its rules, shall have the power to administer oaths, certify to official acts,
 42    and  to  issue subpoenas for the attendance of witnesses and the production of
 43    papers, books, accounts, documents and testimony. The board may, if a  witness
 44    refuses  to  attend or testify, or to produce any papers required by such sub-
 45    poenas, report to the district court in and for the county in which  the  pro-
 46    ceeding  is pending, by petition, setting forth that due notice has been given
 47    of the time and place of attendance of said witnesses, or  the  production  of
 48    said papers, that the witness has been properly summoned, and that the witness
 49    has  failed  and refused to attend or produce the papers required by this sub-
 50    poena before the board, or has refused to answer questions propounded  to  him
 51    in  the  course of said proceedings, and ask an order of said court compelling
 52    the witness to attend and testify and produce said papers  before  the  board.
 53    The  court, upon the petition of the board, shall enter an order directing the
 54    witness to appear before the court at a time and place  to  be  fixed  by  the
 55    court  in such order, the time to be not more than ten (10) days from the date
                                                                        
                                          16
                                                                        
  1    of the order, and then and there shall show cause why he has not attended  and
  2    testified or produced said papers before the board. A copy of said order shall
  3    be  served  upon  said witness. If it shall appear to the court that said sub-
  4    poena was regularly issued by the board and regularly served, the court  shall
  5    thereupon  order  that  said  witness  appear before the board at the time and
  6    place fixed in said order, and testify or produce the  required  papers.  Upon
  7    failure  to  obey said order, said witness shall be dealt with for contempt of
  8    court.
  9        5.(4)  The director, his designee, or any party to the action may,  in  an
 10    investigation  or hearing before the board, cause the deposition or interroga-
 11    tory of witnesses or parties residing within or without the state, to be taken
 12    in the manner prescribed by law for like depositions  and  interrogatories  in
 13    civil  actions in the district court of this state, and to that end may compel
 14    the attendance of said witnesses and production of  books,  documents,  papers
 15    and accounts.
 16        6.(5)  Any  person aggrieved by an action or inaction of the department of
 17    health and welfare shall be afforded an opportunity for a  fair  hearing  upon
 18    request  therefor in writing pursuant to chapter 52, title 67, Idaho Code, and
 19    the rules promulgated thereunder. In those cases  where  the  board  has  been
 20    granted  the  authority  to hold such a hearing pursuant to a provision of the
 21    Idaho Code, the hearing may be conducted by the board at a regular or  special
 22    meeting, or the board may designate hearing officers, who shall have the power
 23    and  authority  to  conduct  hearings in the name of the board at any time and
 24    place. In any hearing, a member of the board or hearing officer designated  by
 25    it,  shall have the power to administer oaths, examine witnesses, and issue in
 26    the name of the board subpoenas requiring the testimony of witnesses  and  the
 27    production of evidence relevant to any matter in the hearing.
 28        7.(6)  Any  person  adversely  affected  by  a  final determination of the
 29    board, may secure judicial review by filing a  petition  for  review  as  pre-
 30    scribed under the provisions of chapter 52, title 67, Idaho Code. The petition
 31    for review shall be served upon the chairman of the board, the director of the
 32    department,  and upon the attorney general of the state of Idaho. Such service
 33    shall be jurisdictional and the provisions of this section shall be the exclu-
 34    sive procedure for appeal.
 35        8.(7)  The board, by the affirmative vote of four (4) of its members,  may
 36    adopt, amend or repeal the rules, codes, and standards of the department, that
 37    are  necessary  and feasible in order to carry out the purposes and provisions
 38    of this act and to enforce the laws of this state.
 39        The rules and orders so adopted and established shall have the  force  and
 40    effect  of law and may deal with any matters deemed necessary and feasible for
 41    protecting the environment or the health of the state.
 42        9.(8)  All rule making rulemaking proceedings and hearings  of  the  board
 43    shall be governed by the provisions of chapter 52, title 67, Idaho Code.
 44        10. All codes, rules and standards heretofore adopted by the department of
 45    public  health,  the board of health, and the air pollution control commission
 46    and board of environmental and community services, shall remain in full  force
 47    and  effect  until superseded by rules and standards duly adopted by the board
 48    or until the same is rejected, amended  or  modified  by  the  legislature  in
 49    accordance with the provisions of chapter 52, title 67, Idaho Code.
 50        11. All of the powers and duties, rule making and hearing functions trans-
 51    ferred  to  the  board  of environmental and community services in chapter 87,
 52    laws of 1973, are hereby transferred to the board of health and welfare.
 53        (9)  The board shall adopt contested case rules that are  consistent  with
 54    the  rules  adopted  by  the  attorney general under section 67-5206(4), Idaho
 55    Code, the provisions of this act and other statutory authority of the  depart-
                                                                        
                                          17
                                                                        
  1    ment.
  2        (10) All  rules,  permits  and other actions heretofore adopted, issued or
  3    taken by the board of health and welfare pertaining to the environmental  pro-
  4    tection  functions administered by the division of environmental quality shall
  5    remain in full force and effect until superseded.
  6        (11) The board of environmental quality shall  be  the  successor  to  all
  7    rights,  powers  and  duties  of the board of health and welfare regarding all
  8    rulemaking proceedings, administrative  proceedings,  contested  cases,  civil
  9    actions,  contracts,  delegations,  authority  and other matters pertaining to
 10    environmental protection functions administered by the division of environmen-
 11    tal quality.
 12        (12) Upon creation of the board  of  environmental  quality,  all  pending
 13    business before the board of health and welfare relating to environmental pro-
 14    tection  functions administered by the division of environmental quality shall
 15    be transferred to and determined by the board of environmental quality.
                                                                        
 16        SECTION 11.  That Section 39-107a, Idaho Code, be, and the same is  hereby
 17    amended to read as follows:
                                                                        
 18        39-107aA.  REAL  PROPERTY IN BUNKER HILL CLEANUP SITE. Notwithstanding any
 19    other provision of law to the contrary, the department of health  and  welfare
 20    may accept transfer from the United States of any real property or interest in
 21    real  property acquired by the United States for remediation purposes concern-
 22    ing the Bunker Hill Superfund Site pursuant to 42 U.S.C. section 9604(j).  The
 23    state of Idaho shall incur no liability nor be subject to any  claims  related
 24    to  the existence, release or threatened release of any hazardous substance or
 25    contaminant or pollutant on, or from, any such real property.  Any  such  real
 26    property which has a public use or commercial value and which is not useful or
 27    usable  by  the  department of health and welfare shall be subject to sections
 28    58-331 through 58-335, Idaho Code, except that any receipts from the  disposal
 29    of  such  property  shall  be  deposited in the Bunker Hill Cleanup Trust Fund
 30    established by the Trust Fund Declaration of the state of Idaho dated  May  2,
 31    1994  (Attachment  N, Consent Decree, United States of America v. Asarco, Inc.
 32    No. CV-94-0206-N-HLR (D. Idaho)) for the purpose of funding institutional con-
 33    trol or operation and maintenance activities regarding the site.
                                                                        
 34        SECTION 12.  That Chapter 1, Title 39, Idaho Code, be,  and  the  same  is
 35    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 36    ignated as Section 39-107B, Idaho Code, and to read as follows:
                                                                        
 37        39-107B.  DEPARTMENT OF ENVIRONMENTAL QUALITY FUND. (1)  There  is  hereby
 38    created a fund in the state treasury to be known as the department of environ-
 39    mental  quality fund and all moneys deposited therein shall be available to be
 40    appropriated to the department of environmental quality for purposes for which
 41    the department was established.
 42        (2)  All federal grants, fees for services, permitting fees, other program
 43    income and transfers from other funds subject to administration by the  direc-
 44    tor  of  the  department  of environmental quality shall be placed in the fund
 45    provided that the statewide accounting and reporting system must  provide  for
 46    identification of the balance of each funding source within the fund.
 47        (3)  The  state  controller shall make transfers to the fund from the gen-
 48    eral fund and any other funds appropriated to the department of  environmental
 49    quality  as  requested  by  the director of the department and approved by the
 50    board of examiners.
                                                                        
                                          18
                                                                        
  1        SECTION 13.  That Chapter 1, Title 39, Idaho Code, be,  and  the  same  is
  2    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  3    ignated as Section 39-107C, Idaho Code, and to read as follows:
                                                                        
  4        39-107C.  ENVIRONMENTAL PROTECTION TRUST FUND ESTABLISHED. The director of
  5    the department of environmental quality may receive on behalf of  the  depart-
  6    ment  any  moneys or real or personal property donated, bequeathed, devised or
  7    conditionally granted to the department. Moneys received directly  or  derived
  8    from  the sale of such property shall be deposited by the state treasurer in a
  9    special fund to be known as the environmental protection trust fund  which  is
 10    hereby established, reserved, set aside, appropriated and made available until
 11    expended  and  used  and administered to carry out the terms and conditions of
 12    such donation, bequest, devise or grant. Pending such expenditure or use, sur-
 13    plus moneys in the environmental protection trust fund shall  be  invested  by
 14    the  state treasurer in the manner provided for idle state moneys in the state
 15    treasury by section 67-1210, Idaho Code. Interest received on all such invest-
 16    ments shall be paid into the environmental protection trust fund.
                                                                        
 17        SECTION 14.  That Section 39-3628, Idaho Code, be, and the same is  hereby
 18    amended to read as follows:
                                                                        
 19        39-3628.  WATER  POLLUTION  CONTROL  ACCOUNT  FUND  ESTABLISHED.  There is
 20    hereby created and established in the state treasury a separate  account  fund
 21    to  be  known  as  the  water pollution control account fund. The account fund
 22    shall have paid into it:
 23        1.  The moneys provided for in section 14-425 63-3638,  Idaho  Code,  that
 24    are  paid  over to the state treasurer shall be deposited to the credit of the
 25    water pollution control account fund, and not to the credit of the state  gen-
 26    eral account fund;
 27        2.  All  donations  and  grants  from any source which may be used for the
 28    provisions of this act;
 29        3.  Any other funds which may hereafter be provided by law.
                                                                        
 30        SECTION 15.  That Section 39-3630, Idaho Code, be, and the same is  hereby
 31    amended to read as follows:
                                                                        
 32        39-3630.  APPROPRIATION OF WATER POLLUTION CONTROL ACCOUNT FUND -- PURPOSE
 33    OF CHAPTER. Moneys in the water pollution control account fund are hereby per-
 34    petually appropriated for the following purposes:
 35        1.  To  provide the state's matching share of grants made under the provi-
 36    sions of this chapter.
 37        2.(1)  To provide revenue for the  payment  of  general  obligation  bonds
 38    issued pursuant to section 39-3633, Idaho Code, and general obligation refund-
 39    ing bonds issued pursuant to chapter 115, 1973 laws of the state of Idaho.
 40        3.  To  provide  for  the  operations of the water quality programs estab-
 41    lished pursuant to this chapter.
 42        4.  To provide direct grants or contracts for  the  purpose  of  providing
 43    training  for  drinking water system and sewage treatment plant operating per-
 44    sonnel.
 45        5.(2)  To provide payments for contracts entered  into  pursuant  to  this
 46    chapter.
 47        6.(3)  To provide funds to capitalize the wastewater facility loan account
 48    established  in  section  39-3629, Idaho Code, including the required matching
 49    share of federal capitalization funds.
 50        7.(4)  To provide funds to capitalize  the  drinking  water  loan  account
                                                                        
                                          19
                                                                        
  1    established  in  section  39-7602, Idaho Code, including the required matching
  2    share of federal capitalization funds.
  3        (5)  Pending such expenditure or use, surplus moneys in the  water  pollu-
  4    tion  control fund shall be invested by the state treasurer in the manner pro-
  5    vided for idle state moneys in the state treasury by  section  67-1210,  Idaho
  6    Code.  Interest  received on all such investments shall be paid into the water
  7    pollution control fund.
                                                                        
  8        SECTION 16.  That Section 39-108, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        39-108.  INVESTIGATION  --  INSPECTION  --  RIGHT OF ENTRY -- VIOLATION --
 11    ENFORCEMENT -- PENALTY -- INJUNCTIONS. (1.) The director shall cause  investi-
 12    gations  to  be made upon the request of the board or upon receipt of informa-
 13    tion concerning an alleged violation of this act or of any  rule,  regulation,
 14    permit  or  order  promulgated thereunder, and may cause to be made such other
 15    investigations as the director shall deem advisable.
 16        (2.)  For the purpose of enforcing any provision of this  chapter  or  any
 17    rule authorized in this chapter, the director or the director's designee shall
 18    have the authority to:
 19        (a.)  Conduct a program of continuing surveillance and of regular or peri-
 20        odic  inspection  of actual or potential health environmental hazards, air
 21        contamination sources, water pollution  sources,  noise  sources,  and  of
 22        solid waste disposal sites;
 23        (b.)  Enter  at  all reasonable times upon any private or public property,
 24        upon presentation of appropriate credentials, for the purpose of  inspect-
 25        ing  or  investigating  to ascertain possible violations of this act or of
 26        rules, regulations, permits or  orders  adopted  and  promulgated  by  the
 27        director or the board;
 28        (c.)  All  inspections and investigations conducted under the authority of
 29        this chapter shall  be  performed  in  conformity  with  the  prohibitions
 30        against  unreasonable searches and seizures contained in the fourth amend-
 31        ment to the constitution of the United States and section 17,  article  I,
 32        of  the constitution of the state of Idaho. The state shall not, under the
 33        authority granted by this chapter, conduct warrantless searches of private
 34        property in the absence of either consent from the property owner or occu-
 35        pier or exigent circumstances such as a  public  health  or  environmental
 36        emergency;
 37        (d.)  Any  district court in and for the county in which the subject prop-
 38        erty is located is authorized to issue a search warrant  to  the  director
 39        upon  a  showing of (i) probable cause to suspect a violation, or (ii) the
 40        existence of a reasonable program of inspection. Any search warrant issued
 41        under the authority of this chapter shall be limited in scope to the  spe-
 42        cific purposes for which it is issued and shall state with specificity the
 43        manner and the scope of the search authorized.
 44        (3.)  Whenever  the director determines that any person is in violation of
 45    any provision of this act or any rule, regulation, permit or order  issued  or
 46    promulgated pursuant to this act, the director may commence either of the fol-
 47    lowing:
 48        (a.)  Administrative Enforcement Action.
 49             (i.)   Notice.  The  director may commence an administrative enforce-
 50             ment action by issuing a written notice of violation. The  notice  of
 51             violation  shall  identify  the  alleged  violation with specificity,
 52             shall specify each provision of the act, rule, regulation, permit  or
 53             order  which  has  been violated, and shall state the amount of civil
                                                                        
                                          20
                                                                        
  1             penalty claimed for each violation. The  notice  of  violation  shall
  2             inform  the person to whom it is directed of an opportunity to confer
  3             with the director or the director's designee in a compliance  confer-
  4             ence  concerning  the  alleged  violation.  A written response may be
  5             required within fifteen (15) days of receipt of the notice of  viola-
  6             tion by the person to whom it is directed.
  7             (ii.)  Scheduling  compliance  conference. If a recipient of a notice
  8             of violation contacts the department within fifteen (15) days of  the
  9             receipt  of  the notice, the recipient shall be entitled to a compli-
 10             ance conference. The conference shall be held within twenty (20) days
 11             of the date of receipt of the notice, unless a later date  is  agreed
 12             upon   between  the  parties.  If  a  compliance  conference  is  not
 13             requested, the director may proceed with a civil  enforcement  action
 14             as provided in paragraph (b.) of this subsection.
 15             (iii.) Compliance conference. The compliance conference shall provide
 16             an  opportunity for the recipient of a notice of violation to explain
 17             the circumstances of the alleged violation and, where appropriate, to
 18             present a proposal for remedying damage caused by the alleged  viola-
 19             tion and assuring future compliance.
 20             (iv.)  Consent  order.  If  the recipient and the director agree on a
 21             plan to remedy damage caused by the alleged violation and  to  assure
 22             future  compliance,  they  may enter into a consent order formalizing
 23             their agreement. The consent order may include a provision  providing
 24             for payment of any agreed civil penalty.
 25             (v.)   Effect  of  consent  order. A consent order shall be effective
 26             immediately upon signing by both parties and shall preclude any civil
 27             enforcement action for the same alleged violation. If  a  party  does
 28             not comply with the terms of the consent order, the director may seek
 29             and  obtain,  in any appropriate district court, specific performance
 30             of the consent order and such other  relief  as  authorized  in  this
 31             chapter.
 32             (vi.)  Failure  to  reach  consent order. If the parties cannot reach
 33             agreement on a consent order within sixty (60) days after the receipt
 34             of the notice of violation or if the recipient  does  not  request  a
 35             compliance  conference  as  per subsection a.ii. paragraph (a)(ii) of
 36             this section,  the  director  may  commence  and  prosecute  a  civil
 37             enforcement  action  in district court, in accordance with subsection
 38             (b.) of this section.
 39        (b.)  Civil enforcement action. The director may initiate a civil enforce-
 40        ment action through the attorney general as provided  in  section  39-109,
 41        Idaho Code. Civil enforcement actions shall be commenced and prosecuted in
 42        the  district  court  in and for the county in which the alleged violation
 43        occurred, and may be brought against any person who  is  alleged  to  have
 44        violated  any  provision  of  this  act or any rule, regulation, permit or
 45        order which has become effective pursuant to this act. Such action may  be
 46        brought  to  compel  compliance with any provision of this act or with any
 47        rule, regulation, permit or order promulgated hereunder and for any relief
 48        or remedies authorized in this act. The director shall not be required  to
 49        initiate  or  prosecute an administrative action before initiating a civil
 50        enforcement action.
 51        (4.)  No civil or administrative proceeding may be brought to recover  for
 52    a violation of any provision of this chapter or a violation of any rule, regu-
 53    lation,  permit  or order issued or promulgated pursuant to this chapter, more
 54    than two (2) years after the director had knowledge  or  ought  reasonably  to
 55    have had knowledge of the violation.
                                                                        
                                          21
                                                                        
  1        (5.)  Monetary penalties.
  2        (a)  Any  person determined in a civil enforcement action to have violated
  3        any provision of this act or any rule, regulation, permit or order promul-
  4        gated pursuant to this act shall be liable for  a  civil  penalty  not  to
  5        exceed  ten  thousand dollars ($10,000) per violation or one thousand dol-
  6        lars ($1,000) for each day of a continuing violation, whichever is greater
  7        or ten thousand dollars ($10,000) for each separate air violation and  day
  8        of  continuing air violation. The method of recovery of said penalty shall
  9        be by a civil enforcement action in the district  court  in  and  for  the
 10        county  where  the violation occurred. All civil penalties collected under
 11        this act shall be paid into the general fund of the state. Parties  to  an
 12        administrative enforcement action may agree to a civil penalty as provided
 13        in this subsection.
 14        (b)  The  imposition  or  computation  of monetary penalties may take into
 15        account the seriousness of the violation, good  faith  efforts  to  comply
 16        with the law, and an enforceable commitment by the person against whom the
 17        penalty is directed to implement a supplemental environmental project. For
 18        purposes  of  this  section,  "supplemental environmental project" means a
 19        project which the person is not otherwise required to  perform  and  which
 20        prevents pollution, reduces the amount of pollutants reaching the environ-
 21        ment,  contributes  to  public  awareness  of  environmental  matters,  or
 22        enhances  the  quality of the environment. In evaluating a particular sup-
 23        plemental environmental project proposal, preference may be given to those
 24        projects with an environmental benefit which relates to the  violation  or
 25        the  objectives  of  the  underlying  statute  which was violated or which
 26        enhances the quality of the environment in the general geographic location
 27        where the violation occurred.
 28        (6.)  In addition to such civil penalties, any person who has been  deter-
 29    mined  to  have violated the provisions of this act or the rules, regulations,
 30    permits or orders promulgated thereunder, shall  be  liable  for  any  expense
 31    incurred by the state in enforcing the act, or in enforcing or terminating any
 32    nuisance,  source  of  environmental degradation, cause of sickness, or health
 33    hazard.
 34        (7.)  No action taken pursuant to the provisions of this  act  or  of  any
 35    other environmental protection or health law shall relieve any person from any
 36    civil  action  and  damages that may exist for injury or damage resulting from
 37    any violation of this act or of the rules,  regulations,  permits  and  orders
 38    promulgated thereunder.
 39        (8.)  In addition to, and notwithstanding other provisions of this act, in
 40    circumstances  of  emergency  creating  conditions of imminent and substantial
 41    danger to the public health or environment, the prosecuting  attorney  or  the
 42    attorney  general  may institute a civil action for an immediate injunction to
 43    halt any discharge, emission or other activity in violation of  provisions  of
 44    this  act or rules, regulations, permits and orders promulgated thereunder. In
 45    such action the court may issue an ex parte restraining order.
                                                                        
 46        SECTION 17.  That Section 39-109, Idaho Code, be, and the same  is  hereby
 47    amended to read as follows:
                                                                        
 48        39-109.  COMMENCEMENT  OF  CIVIL  ENFORCEMENT  ACTIONS -- CRIMINAL ACTIONS
 49    AUTHORIZED -- DUTIES OF ATTORNEY GENERAL. Upon request of  the  board  or  the
 50    director, it shall be the duty of the attorney general to institute and prose-
 51    cute  civil  enforcement  actions or injunctive actions as provided in section
 52    39-108, Idaho Code, and to prosecute actions or proceedings for  the  enforce-
 53    ment  of  any criminal provisions of this chapter. In addition, when deemed by
                                                                        
                                          22
                                                                        
  1    the director to be necessary, the director may retain or employ private  coun-
  2    sel.  The attorney general may delegate the authority and duty under this sec-
  3    tion to prosecute criminal actions to the prosecuting attorney of  the  county
  4    in which such a criminal action may arise.
                                                                        
  5        SECTION  18.  That  Section 39-110, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        39-110.  REGISTRATION OF PERSONS ENGAGED  IN  OPERATIONS  OR  CONSTRUCTION
  8    WHERE  AIR POLLUTION IS A FACTOR -- REPORTS. The director or board may require
  9    the registration of persons engaged in operations which may result in air pol-
 10    lution, and of persons causing, permitting or  allowing  construction  of  any
 11    facility  or new equipment capable of emitting air contaminants into the atmo-
 12    sphere, or designed to eliminate or reduce emissions into the atmosphere,  and
 13    the  filing of reports by them with the department relating to locations, size
 14    of outlet, height of outlet, rate and period of emission  and  composition  of
 15    effluent,  and such other information as the director or board shall prescribe
 16    relative to air pollution.
                                                                        
 17        SECTION 19.  That Section 39-111, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        39-111.    AVAILABILITY  OF RECORDS. Any records or other information fur-
 20    nished to the board, department or to agents, contractors, or other  represen-
 21    tatives  of  the department under any provisions of this chapter shall be sub-
 22    ject to disclosure according to chapter 3, title 9, Idaho Code.
                                                                        
 23        SECTION 20.  That Section 39-112, Idaho Code, be, and the same  is  hereby
 24    amended to read as follows:
                                                                        
 25        39-112.  EMERGENCY  --  ORDER  --  HEARING -- MODIFICATION, AFFIRMANCE, OR
 26    SETTING ASIDE. (1) Any other provision of law to the contrary notwithstanding,
 27    if the board director finds that a  generalized  condition  of  air  pollution
 28    exists  and  that  it  creates an imminent and substantial endangerment to the
 29    public health or welfare constituting an emergency requiring immediate  action
 30    to protect human health or safety, the board director, with the concurrence of
 31    the  governor  as  to  the  existence of such an emergency shall order persons
 32    causing or contributing to the air pollution to reduce or discontinue  immedi-
 33    ately  the  emission  of air contaminants, and such order shall fix a time and
 34    place, not later than twenty-four (24) hours thereafter, for a hearing  to  be
 35    held before the board director. Not more than twenty-four (24) hours after the
 36    commencement  of  such  hearing,  and  without  adjournment thereof, the board
 37    director shall affirm, modify or set aside its order.
 38        (2)  In the absence of a generalized condition of  air  pollution  of  the
 39    type  referred  to  in  subsection  (1) of this section, if the board director
 40    finds that emissions from the operation of one (1)  or  more  air  contaminant
 41    sources  is  causing imminent and substantial danger to human health or safety
 42    it the director may bring suit through the attorney general in the appropriate
 43    district court to immediately restrain any person causing or  contributing  to
 44    the  alleged  pollution to stop the emission of air pollutants causing or con-
 45    tributing to such pollution. If it is not practicable to assure prompt protec-
 46    tion of public health or welfare or the environment by  commencement  of  such
 47    civil action, the director may order the person or persons responsible for the
 48    operation or operations in question to reduce or discontinue emissions immedi-
 49    ately  without  regard  to  other  provisions  of this act. In such event, the
                                                                        
                                          23
                                                                        
  1    requirements for hearing and affirmance, modification or setting aside  of  an
  2    order set forth in subsection (1) of this section shall apply. For purposes of
  3    subsections (1) and (2) of this section, imminent and substantial endangerment
  4    or  danger  shall  be  interpreted no more broadly than these words are inter-
  5    preted under section 303 of the clean air act, 42 USC 7603.
  6        (3)  Nothing in this section shall be construed to limit any  power  which
  7    the  governor or any other officer may have to declare an emergency and act on
  8    the basis of such declaration, if such power is conferred by statute  or  con-
  9    stitutional provision, or inheres in the office.
                                                                        
 10        SECTION  21.  That  Section 39-113, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        39-113.  RIGHTS OF TRANSFERRED TRANSFER OF EMPLOYEES.  UNDER  GROUP  PLANS
 13    UNAFFECTED.  The provisions of this act All employees of the division of envi-
 14    ronmental quality and the INEEL oversight program of the department of  health
 15    and  welfare  are transferred to the department of environmental quality. Such
 16    transfer shall in no manner affect their  the  rights  or  privileges  of  any
 17    transferred  employee transferred under the public employees retirement system
 18    (chapter 13, title 59, Idaho Code), the  group  insurance  plan  (chapter  12,
 19    title 59, Idaho Code), or personnel system (chapter 53, title 67, Idaho Code).
 20    Additionally,  when  the  department of health and welfare is used in terms of
 21    environmental protection, it shall mean the department of environmental  qual-
 22    ity.
                                                                        
 23        SECTION  22.  That  Section 39-114, Idaho Code, be, and the same is hereby
 24    repealed.
                                                                        
 25        SECTION 23.  That Section 39-115, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        39-115.  POLLUTION SOURCE PERMITS.
 28        (1) (a)  The  director  shall have the authority to issue pollution source
 29        permits in compliance with the regulations rules established by the  board
 30        of health and welfare hereunder.
 31        (b)  The board director shall develop and recommend to the board for adop-
 32        tion  through  rulemaking,  criteria  through  rule making by November 15,
 33        1993, to determine insignificant activities and such sources or  modifica-
 34        tion with emissions at or below the deminimis de minimis level which shall
 35        not  require either a permit to construct or a permit to operate; provided
 36        however, that a registration of the activities or sources may be required.
 37        (2)  The director shall have the authority to sue in competent  courts  to
 38    enjoin any threatened or continuing:
 39        (a)  Violations  of pollution source permits or conditions thereof without
 40        the necessity of a prior revocation of the permit; or
 41        (b)  Construction of an industrial  or  commercial  air  pollution  source
 42        without a permit required under this chapter or regulations adopted by the
 43        board rules adopted hereunder.
 44        (3)  The department is authorized to charge and collect a fee for process-
 45    ing  applications for industrial or commercial air pollution source permits in
 46    accordance with a fee schedule established by  the  board   pursuant  to  this
 47    chapter.   For fees charged for operating permits under title V of the federal
 48    clean air act amendments of 1990, the department shall not charge a fee on any
 49    hazardous air pollutant other than those listed under section 112 of the  fed-
 50    eral  clean air act. The fee schedule shall be structured to provide an incen-
                                                                        
                                          24
                                                                        
  1    tive for emission reduction.
  2        (4)  The director may issue air emission source  permits  to  construct  a
  3    facility   to   incinerate   any   waste   or  waste  item  contaminated  with
  4    polychlorinated biphenyls (PCBs) only if the director finds:
  5        (a)  The facility will not be sited in complex valley  terrain  where  the
  6        valley  floor  is  less than five (5) miles wide and the valley walls rise
  7        more than one thousand (1,000) feet;
  8        (b)  The facility has complied with local  planning  and  zoning  require-
  9        ments;
 10        (c)  There has been an opportunity for public participation; and
 11        (d)  The  facility  will employ best available technology and instrumenta-
 12        tion.
 13        Subsection (4) of this section shall not apply to incineration  activities
 14    existing on or before January 1, 1987.
                                                                        
 15        SECTION  24.  That  Section 39-116, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        39-116.  COMPLIANCE SCHEDULES. The director shall have  the  authority  to
 18    prepare  for board approval issue compliance schedule orders to any person who
 19    is the source of any health hazard, air contaminant, water pollution, or solid
 20    waste or noise for which regulatory standards have been established, including
 21    regulatory standards then in effect or to become effective at a future date or
 22    at future successive dates. The purpose of any compliance schedule order shall
 23    be to identify and establish appropriate acts and time schedules  for  interim
 24    actions  by  those persons who are or who will be affected by regulatory stan-
 25    dards, such acts and schedules being designed to assure timely  compliance  by
 26    those affected by the regulatory standards. Prior to the issuance of a compli-
 27    ance schedule order, tThe director shall solicit the cooperation of the person
 28    to whom the compliance schedule order will be directed in the selection of the
 29    by providing the person notice that identifies with reasonable specificity the
 30    applicable  statutes and rules, the events or occurrences that necessitate the
 31    order, and the proposed terms of such the order and that  informs  the  person
 32    that a conference with the director to discuss the proposed terms of the order
 33    shall  be  provided  if  requested  within fifteen (15) days of receipt of the
 34    notice. If requested, the director shall confer  with  the  person  and  shall
 35    solicit  the  person's cooperation in the selection of the terms of the order.
 36    The compliance schedule order may be issued at any time after the  conference,
 37    if  one  is  requested,  and  the  expiration of sixty (60) days following the
 38    receipt of the notice. Any compliance schedule  order  when  affirmed  by  the
 39    board  shall  become  a  final  order be enforceable in the same manner as any
 40    order entered pursuant to section 39-108, Idaho Code, except the order may  be
 41    challenged  by  an  administrative  appeal to the board as provided in section
 42    39-107(5), Idaho Code. The order shall be effective and enforceable during  an
 43    administrative  appeal,  unless  the  board  or its designated hearing officer
 44    issues a stay of the order.
                                                                        
 45        SECTION 25.  That Section 39-118, Idaho Code, be, and the same  is  hereby
 46    amended to read as follows:
                                                                        
 47        39-118.  REVIEW OF PLANS. (1.) Except as provided for dairy systems pursu-
 48    ant  to  section 37-401, Idaho Code, all plans and specifications for the con-
 49    struction of new sewage systems, sewage treatment  plants  or  systems,  other
 50    waste  treatment or disposal facilities, public water supply systems or public
 51    water treatment systems or for modification or expansion  to  existing  sewage
                                                                        
                                          25
                                                                        
  1    treatment  plants  or  systems, waste treatment or disposal facilities, public
  2    water supply systems or public water treatment systems, shall be submitted  to
  3    and approved by the department of health and welfare director before construc-
  4    tion  may  begin,  and  all  construction shall be in compliance therewith. No
  5    deviation shall be made from the approved plans and specifications without the
  6    prior approval of the department director. Within thirty (30) days of the com-
  7    pletion of construction, alteration, or modification of any  new  sewage  sys-
  8    tems,  sewage  treatment  plants or systems, other waste treatment or disposal
  9    facilities, public water supply systems or  public  water  treatment  systems,
 10    complete  and accurate plans and specifications depicting the actual construc-
 11    tion, alteration, or modification performed must be submitted to  the  depart-
 12    ment of health and welfare director. If construction does not deviate from the
 13    original  plans  previously submitted for approval, a statement to that effect
 14    shall be filed with the department director.
 15        (2.)  All plans and specifications submitted to satisfy  the  requirements
 16    of this section shall conform in style and quality to regularly accepted engi-
 17    neering standards. Except with respect to plans and specifications for facili-
 18    ties addressed in subsection (3.) of this section, and confined animal feeding
 19    operations,  the  board may require that certain types of plans and specifica-
 20    tions must be certified by registered professional engineers. If  the  depart-
 21    ment  director  determines that any particular facility or category of facili-
 22    ties will produce no significant impact on the environment or  on  the  public
 23    health,  the department director shall be authorized to waive the submittal or
 24    approval requirement for that facility or category of facilities.
 25        (3.)  All plans and specifications  for  the  construction,  modification,
 26    expansion,  or  alteration of waste treatment or disposal facilities for aqua-
 27    culture facilities licensed by the department of agriculture for both  commer-
 28    cial  fish  propagation  facilities as defined in section 22-4601, Idaho Code,
 29    and sport fish propagation facilities whether private or operated or  licensed
 30    by the department of fish and game and other aquaculture facilities as defined
 31    in  the Idaho waste management guidelines for aquaculture operations, shall be
 32    submitted to and approved by the department of health and welfare director  of
 33    the  department of environmental quality before construction may begin and all
 34    construction shall be in compliance therewith. The department  director  shall
 35    review  plans  and specifications within forty-five (45) days of submittal and
 36    notify the owner or responsible party of approval or disapproval. In the event
 37    of disapproval the department director shall provide reasons  for  disapproval
 38    in  writing  to the owner or responsible party. Plans and specifications shall
 39    conform in style and quality to standard  industry  practices  and  guidelines
 40    developed  pursuant  to this subsection. The director shall establish industry
 41    guidelines or best management practices subcommittees composed of  members  of
 42    the department, specific regulatory agencies for the industry, general public,
 43    and  persons involved in the industry to develop and update guidelines or best
 44    management practices as needed. Within thirty (30) days of the  completion  of
 45    the  construction, modification, expansion or alteration of facilities subject
 46    to this subsection, the owner or responsible party shall submit a statement to
 47    the department director that the construction has been  completed  and  is  in
 48    substantial  compliance  with  the  plans  and specifications as submitted and
 49    approved. The department director shall conduct  an  inspection  within  sixty
 50    (60)  days  of  the  date  of submission of the statement and shall inform the
 51    owner or responsible party of its approval of the construction or in the event
 52    of nonapproval, the reasons for nonapproval.
                                                                        
 53        SECTION 26.  That Section 39-118D, Idaho Code, be, and the same is  hereby
 54    amended to read as follows:
                                                                        
                                          26
                                                                        
  1        39-118D.  IDAHO  AIR  QUALITY  PERMITTING  ACCOUNT  FUND.  (1)  All moneys
  2    received from fees collected from the pollution sources  requiring  permitting
  3    under  title  V  of the federal clean air act amendments of 1990 shall be for-
  4    warded to the  division of environmental quality of the department  of  health
  5    and welfare environmental quality and shall be paid into the Idaho air quality
  6    permitting  account  fund  which  is hereby created in the office of the state
  7    treasurer.
  8        (2)  Such moneys and all interest earned thereon  shall  be  kept  in  the
  9    Idaho  air quality permitting account fund and shall be expended for the tech-
 10    nical, legal and administrative support necessary for implementing the operat-
 11    ing permit program required under title V of the federal clean air act  amend-
 12    ments of 1990.
 13        (3)  All  salaries, costs and expenses incurred by the division department
 14    of environmental quality in performing the duties  and  the  exercise  of  its
 15    powers  in carrying out the operating permit program required under title V of
 16    the federal clean air act amendments of 1990 shall be  paid  out  of  the  air
 17    quality permitting account fund.
                                                                        
 18        SECTION  27.  That  Section 39-119, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        39-119.  COLLECTION OF FEES FOR SERVICES. The  department  of  health  and
 21    welfare  environmental quality is hereby authorized to charge and collect rea-
 22    sonable fees, established by standards formulated by the board of  health  and
 23    welfare director and approved by the board through rulemaking, for any service
 24    rendered  by  the  department.  The  fee  may be determined by a sliding scale
 25    according to income or available assets. The department is  hereby  authorized
 26    to  require  information concerning the total income and assets of each person
 27    receiving services in order to determine the amount of fee to be charged.
 28
 29        SECTION 28.  That Section 39-120, Idaho Code, be, and the same  is  hereby
 30    amended to read as follows:
                                                                        
 31        39-120.  DEPARTMENT  OF  HEALTH  AND WELFARE ENVIRONMENTAL QUALITY PRIMARY
 32    ADMINISTRATIVE AGENCY --  AGENCY  RESPONSIBILITIES.  (1.)  The  department  of
 33    health  and  welfare environmental quality is designated as the primary agency
 34    to coordinate and administer ground water quality protection programs for  the
 35    state.
 36        (2.)  Recognizing that the department of water resources has the responsi-
 37    bility  to maintain the natural resource geographic information system for the
 38    state and is the collector of baseline data for the state's  water  resources,
 39    that  the  department  of  health  and  welfare  environmental quality has the
 40    responsibility for collecting and monitoring data for water quality management
 41    purposes and that the department of agriculture is responsible for  regulating
 42    the  use  of  pesticides  and  fertilizers  and for licensing applicators, the
 43    department of health and welfare  environmental  quality,  the  department  of
 44    water  resources  and  the  department of agriculture in coordination with the
 45    ground water quality council shall:
 46        (a.)  Develop a ground water monitoring plan, concurrently with the devel-
 47        opment of a ground water quality plan, for development and  administration
 48        of  a  comprehensive  ground  water  quality monitoring network, including
 49        point of use, point of contamination  and  problem  assessment  monitoring
 50        sites  across the state and the assessment of ambient ground water quality
 51        utilizing, to the greatest degree possible, collection and coordination of
 52        existing data sources.
                                                                        
                                          27
                                                                        
  1        b.  Prepare an annual report during the life of the council detailing  the
  2        number and concentration of contaminants detected in ground water by loca-
  3        tion.
  4        c.(b)  Establish  a system or systems within state departments and politi-
  5        cal subdivisions of the state for collecting, evaluating and disseminating
  6        ground water quality data and information.
  7        d.(c)  Develop and maintain a natural resource geographic information sys-
  8        tem and comprehensive water resource data  system.  The  system  shall  be
  9        accessible to the public.
 10        (3.)  The responsible state departments or boards, after consultation with
 11    the ground water quality council, should adopt rules which specify the general
 12    standards for determining actions necessary to prevent ground water contamina-
 13    tion and cleanup actions necessary to meet the goals of the state.
 14        (4.)  The  board of health and welfare director of the department of envi-
 15    ronmental quality may adopt, by rule, after consultation with the ground water
 16    quality council develop and recommend for approval by the board through  rule-
 17    making,  ambient ground water quality standards for contaminants for which the
 18    administrator of the United States environmental protection agency has  estab-
 19    lished  drinking  water maximum contaminant levels. The board, after consulta-
 20    tion with the ground water quality council, may adopt by  rule  such  director
 21    may  develop  and  recommend  for  approval  by the board, through rulemaking,
 22    ground water quality standards for contaminants for which the administrator of
 23    the United States environmental protection agency has not established drinking
 24    water maximum contaminant levels. However, the existence of such standards, or
 25    the lack of them, should not be construed or utilized  in  derogation  of  the
 26    ground water quality protection goal and protection policies of the state.
 27        (5.)  The  departments  of health and welfare environmental quality, water
 28    resources and agriculture should take actions necessary to promote and  assure
 29    public  confidence and public awareness of ground water quality protection. In
 30    pursuing this goal, the departments and public health  districts  should  make
 31    public  the  results of investigations concerning ground water quality subject
 32    to the restrictions contained in section 39-111, Idaho Code.
                                                                        
 33        SECTION 29.  That Section 39-121, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        39-121.  DEFINITIONS.  As  used in section 39-102, Idaho Code, and in sec-
 36    tions 39-120 through 39-127, Idaho Code:
 37        (1.)  "Cleanup" means removal, treatment or  isolation  of  a  contaminant
 38    from  ground  water  through  the directed efforts of humans or the removal or
 39    treatment of a contaminant in ground water through management practice or  the
 40    construction of barriers, trenches and other similar facilities for prevention
 41    of contamination, as well as the use of natural processes such as ground water
 42    recharge, natural decay and chemical or biological decomposition.
 43        (2.)  "Contaminant"  means  any  chemical,  ion,  radionuclide,  synthetic
 44    organic compound, microorganism, waste or other substance which does not occur
 45    naturally in ground water or which naturally occurs at a lower concentration.
 46        (3.)  "Contamination"  means  the  direct  or  indirect  introduction into
 47    ground water of any contaminant caused in whole or in part  by  human  activi-
 48    ties.
 49        (4.)  "Council"  or  "ground water quality council" means the ground water
 50    quality council created in section 39-122, Idaho Code.
 51        5.  "Ground water" means any water of the state which occurs  beneath  the
 52    surface of the earth in a saturated geological formation of rock or soil.
 53        (5)  "Ground water quality plan" or "ground water quality protection plan"
                                                                        
                                          28
                                                                        
  1    means  the  Idaho ground water quality plan adopted by the legislature in sec-
  2    tion 1, chapter 310, laws of 1992, and in section  1,  chapter  273,  laws  of
  3    1995.
                                                                        
  4        SECTION  30.  That Sections 39-122, 39-123, 39-124 and 39-125, Idaho Code,
  5    be, and the same are hereby repealed.
                                                                        
  6        SECTION 31.  That Section 39-126, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        39-126.  DUTIES  OF  STATE  AND  LOCAL UNITS OF GOVERNMENT. (1.) All state
  9    agencies shall incorporate the adopted ground water quality protection plan in
 10    the administration of their programs and shall have such additional  authority
 11    to  promulgate rules and regulations to protect ground water quality as neces-
 12    sary to administer such programs which shall be in conformity with the  ground
 13    water  quality  protection plan. Cities, counties and other political subdivi-
 14    sions of the state shall incorporate the ground water quality protection  plan
 15    in  their  programs and are also authorized and encouraged to implement ground
 16    water quality protection policies within their respective jurisdictions,  pro-
 17    vided that the implementation is consistent with and not preempted by the laws
 18    of  the state, the ground water quality protection plan and any rules or regu-
 19    lations promulgated thereunder. All state agencies, cities, counties and other
 20    political subdivisions shall cooperate with the ground water quality  council,
 21    the  department of health and welfare environmental quality, the department of
 22    agriculture and the department of  water  resources  in  disseminating  public
 23    information  and  education  materials  concerning  the  use and protection of
 24    ground water quality, in collecting ground water quality management data,  and
 25    in  conducting  research on technologies to prevent or remedy contamination of
 26    ground water.
 27        (2.)  Notwithstanding any other provision of law to the  contrary,  except
 28    as  provided in subsection (3) of this section, whenever a state agency, city,
 29    county or other political subdivision of the state issues a permit or  license
 30    which  deals  with  the  environment, the entity issuing the permit or license
 31    shall take into account the effect the permitted  or  licensed  activity  will
 32    have  on the ground water quality of the state and it may attach conditions to
 33    the permit or license in order to mitigate potential or actual adverse effects
 34    from the permitted or licensed activity on the ground  water  quality  of  the
 35    state. Nothing contained in this section shall authorize a state agency, city,
 36    county  or other political subdivision of the state to issue or require a per-
 37    mit or license which it is not otherwise allowed by law to issue or require.
 38        (3.)  Except as otherwise provided by the ground water quality  protection
 39    plan,  if  a permit or license which deals with the environment is required to
 40    be obtained from a state agency and that agency considers the  effect  of  the
 41    permitted  or licensed activity on ground water quality, after notice to other
 42    units of government which may otherwise have  regulatory  authority  over  the
 43    activity  which  is  the  subject  of the permit or license, a city, county or
 44    other political subdivision of the state shall not prohibit, limit  or  other-
 45    wise  condition  the  rights  of the permittee or licensee under the permit or
 46    license on account of the effect the permitted or licensed activity  may  have
 47    on ground water quality.
 48        Nothing  contained in this section shall be deemed to permit cities, coun-
 49    ties or other political subdivisions of the state  to  regulate  ground  water
 50    quality  with respect to any activity for which another statute or other stat-
 51    utes may have expressly or impliedly preempted such local ground water quality
 52    regulation.
                                                                        
                                          29
                                                                        
  1        SECTION 32.  That Section 39-129, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        39-129.  APPLICABILITY  --  DEFINITION OF LOCAL GOVERNMENT AND MANDATES --
  4    AUTHORIZATION FOR LOCAL GOVERNMENT AGREEMENTS -- ADOPTION OF RULES  --  ESTAB-
  5    LISHMENT  OF SCHEDULES -- PRIORITY OF CONSIDERATIONS -- REPORT AND RECOMMENDA-
  6    TIONS. (1) The provisions of this section shall  apply  to  local  governments
  7    providing  drinking water, municipal waste disposal, municipal sewage or waste
  8    water disposal or treatment, or air pollution abatement, which can demonstrate
  9    to the satisfaction of the department that increasing and  cumulative  regula-
 10    tory  requirements  applicable  to such services cannot be met in a timely and
 11    reasonable manner. The provisions of the section do not apply where prohibited
 12    by federal or state laws or regulations for the protection of human health and
 13    the environment.
 14        (2)  For purposes of this section the term "local  government"  means  the
 15    government  of  a county or incorporated city, and the term "federal mandates"
 16    means those requirements arising from federal statutes or  subsequent  regula-
 17    tions administered by the United States environmental protection agency.
 18        (3)  The  department  is  hereby  authorized to enter into agreements with
 19    local governments. The agreement may include a  binding  schedule  enforceable
 20    under  this  chapter for the improvement, modification, construction, or other
 21    actions, necessary in  order for the local government to come into  compliance
 22    as expeditiously as practicable with human health and environmental protection
 23    statutes and rules stemming from federal mandates.
 24        (4)  The  department may propose, and the board adopt, rules necessary for
 25    the implementation of this section.
 26        (5)  In establishing any local government agreement schedule, the term  of
 27    the  agreement shall not exceed fifteen (15) years, although successive agree-
 28    ments may be entered into. All agreements must be signed by  the  director  or
 29    his  designee and the mayor of the city or county commissioners of the county,
 30    as appropriate. All agreements are enforceable as orders under the  provisions
 31    of this chapter.
 32        (6)  Agreements  and schedules entered into under this act shall take into
 33    account, in descending priority the:
 34        (a)  Protection of public health;
 35        (b)  Protection of the environment;
 36        (c)  Current tax structure and rates as compared to  other  local  govern-
 37        ments:;
 38        (d)  Ability of the local government to pay for costs of compliance;
 39        (e)  Current fiscal obligations of the local government;
 40        (f)  Other factors as determined by the department or the board.
 41        (7)  The  department  is  directed  to conduct a study in cooperation with
 42    local governments, with emphasis  on  smaller  cities,  of  cumulative  public
 43    health  and  environmental mandates imposed by the United States environmental
 44    protection agency. The department shall provide a written and oral  report  to
 45    the  1995 regular session of the legislature describing methods and results of
 46    the study, along with recommendations as to how cumulative public  health  and
 47    environmental  mandates may be implemented so as to most efficiently and prac-
 48    tically protect human health and the environment within  the  capabilities  of
 49    local government. The emphasis of the study shall be to investigate and report
 50    on:
 51        (a)  The fiscal impacts of cumulative mandates;
 52        (b)  The relative public health and environmental protection priorities;
 53        (c)  The optimum content and structure of local government agreements;
 54        (d)  The  methods, current and proposed, available to local government for
                                                                        
                                          30
                                                                        
  1        meeting the requirements of federal mandates most efficiently taking  into
  2        account local public health, environmental and fiscal considerations.
                                                                        
  3        SECTION  33.  That  Section 39-414, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        39-414.  POWERS AND DUTIES OF DISTRICT BOARD. The district board of health
  6    shall have and may exercise the following powers and duties:
  7        (1)  To administer and enforce all state and district health laws, regula-
  8    tions, and standards.
  9        (2)  To do all things required for the preservation and protection of  the
 10    public  health  and  preventive health, and such other things delegated by the
 11    director of the state department of health and welfare or the director of  the
 12    department of environmental quality and this shall be authority for the direc-
 13    tor(s) to so delegate.
 14        (3)  To  determine  the  location  of its main office and to determine the
 15    location, if any, of branch offices.
 16        (4)  To enter into contracts with any other governmental or public  agency
 17    whereby  the district board agrees to render services to or for such agency in
 18    exchange for a charge reasonably calculated to cover  the  cost  of  rendering
 19    such service. This authority is to be limited to services voluntarily rendered
 20    and  voluntarily received and shall not apply to services required by statute,
 21    rule, and regulations, or standards promulgated pursuant to this act or  chap-
 22    ter 1, title 39, Idaho Code.
 23        (5)  All  moneys  or payment received or collected by gift, grant, devise,
 24    or any other way shall be deposited to the respective division  or  subaccount
 25    of the public health district in the public health district fund authorized by
 26    section 39-422, Idaho Code.
 27        (6)  To  establish  a fiscal control policy required by the state control-
 28    ler.
 29        (7)  To cooperate with the state board and  of  health  and  welfare,  the
 30    department  of  health and welfare, the board of environmental quality and the
 31    department of environmental quality.
 32        (8)  To enter into contracts with other governmental  agencies,  and  this
 33    act  hereby  authorizes  such  other agencies to enter into contracts with the
 34    health district, as may be deemed necessary to fulfill the duties imposed upon
 35    the district in providing for the health of the citizens within the district.
 36        (9)  To purchase, exchange or sell real property and construct,  rent,  or
 37    lease  such  buildings as may be required for the accomplishment of the duties
 38    imposed upon the district and to further obtain such other  personal  property
 39    as may be necessary to its functions.
 40        (10) To  accept,  receive and utilize any gifts, grants, or funds and per-
 41    sonal and real property that may be donated to it for the fulfillment  of  the
 42    purposes outlined in this act.
 43        (11) To  establish a charge whereby the board agrees to render services to
 44    or for entities other than governmental or public agencies for an amount  rea-
 45    sonably calculated to cover the cost of rendering such service.
 46        (12) To  enter into a lease of real or personal property as lessor or les-
 47    see, or other transaction with the Idaho health  facilities  authority  for  a
 48    term not to exceed ninety-nine (99) years upon a determination by the district
 49    board  that  the  real  or personal property to be leased is necessary for the
 50    purposes of the district, and to pledge nontax revenues of   the  district  to
 51    secure the district's obligations under such leases.
 52        (13) To  administer and certify solid waste disposal site operations, clo-
 53    sure, and post closure procedures established  by  statute  or  regulation  in
                                                                        
                                          31
                                                                        
  1    accordance  with  provisions  of chapter 74, title 39, Idaho Code, in a manner
  2    equivalent to the site certification process set  forth  in  section  39-7408,
  3    Idaho Code.
  4        (14) To select a board member to serve as trustee on the board of trustees
  5    of the Idaho district boards of health.
                                                                        
  6        SECTION  34.  That  Section 39-417, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        39-417.  HEARINGS BY DISTRICT BOARD -- OATHS --  WITNESSES  --  SUBPOENAS.
  9    (1)  Any  person,  association,  public or private agency, corporation, or the
 10    district director alleging a violation of this act, the rules and  regulations
 11    promulgated  thereunder, or any matter within the jurisdiction of the district
 12    board, or any alleged violator thereof, may, pursuant  to  the  provisions  of
 13    chapter  52,  title  67, Idaho Code, and the rules and regulations promulgated
 14    thereunder by the state board of health and welfare or the board  of  environ-
 15    mental  quality,  seek  a  hearing before the district board and/or such other
 16    relief or remedy as is provided or available.
 17        (2)  The hearings herein provided may be conducted by the  district  board
 18    or  by its designated agent and in either case the district board or its agent
 19    shall have the same powers and authority set out in subsection (43) of section
 20    39-107, Idaho Code. The provisions of this section  shall  not  apply  to  the
 21    internal administrative affairs of the district board or department nor to its
 22    subordinate sections and units.
                                                                        
 23        SECTION  35.  That  Section 39-419, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        39-419.  VIOLATION OF PUBLIC HEALTH LAWS -- MISDEMEANOR -- CIVIL LIABILITY
 26    FOR EXPENSE. (1) It shall be unlawful for any person, association, or corpora-
 27    tion, and the officers thereof to wilfully willfully violate, disobey, or dis-
 28    regard the provisions of the public health laws or the  terms  of  any  lawful
 29    notice,  order,  standard,  rule,  regulation,  or  ordinance  issued pursuant
 30    thereto; or
 31        (2)  Any person, association, or corporation,  or  the  officers  thereof,
 32    violating  any  of  the provisions of this chapter shall be deemed guilty of a
 33    misdemeanor, and upon conviction thereof shall  be  punished  by  a  fine  not
 34    exceeding  three hundred dollars ($300), or by imprisonment in the county jail
 35    for a term not exceeding six (6) months, or by both such  fine  and  imprison-
 36    ment.  In addition to fine and imprisonment, any person, association or corpo-
 37    ration, or the officers thereof, found to be in violation of this act  or  the
 38    rules  and  regulations promulgated thereunder shall be liable for any expense
 39    incurred by the district board of health in enforcing this act, or in removing
 40    or terminating any nuisance, source of filth, cause  of  sickness,  or  health
 41    hazard.  Conviction  under  the  penalty  provisions  of this act or any other
 42    health law or rules and regulations promulgated thereunder shall  not  relieve
 43    any  person  from  any  civil  action in damages that may exist for any injury
 44    resulting from any violation of the public health laws or  rules  and  regula-
 45    tions promulgated by the district board of health.
 46        (3)  A  violator of any law, or rule or regulation within the jurisdiction
 47    of the district shall be liable in an amount not in excess of the limits  pre-
 48    scribed in subsection 5. of section 39-108, Idaho Code. The district board may
 49    seek  recovery  by  commencing  an  action in the district court of the county
 50    wherein the violation  occurred.  Amounts  recovered  shall  be  deposited  as
 51    required by the provisions of section 39-414(5), Idaho Code.
                                                                        
                                          32
                                                                        
  1        SECTION  36.  That Section 42-202B, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        42-202B.  DEFINITIONS. Whenever used in this chapter, the term:
  4        (1)  "Consumptive use" means that portion of the annual  volume  of  water
  5    diverted  under a water right that is transpired by growing vegetation, evapo-
  6    rated from soils, converted to nonrecoverable water vapor,  incorporated  into
  7    products, or otherwise does not return to the waters of the state. Consumptive
  8    use  does  not  include  any water that falls as precipitation directly on the
  9    place of use unless the precipitation is captured, controlled and  used  under
 10    an appurtenant water right.
 11        (2)  "Municipality"  means a city incorporated under section 50-102, Idaho
 12    Code, a county, or the state of Idaho acting through a department or  institu-
 13    tion.
 14        (3)  "Municipal provider" means:
 15        (a)  aA  municipality  that  provides  water for municipal purposes to its
 16        residents and other users within its service area;
 17        (b)  aAny corporation or association holding a franchise to  supply  water
 18        for  municipal  purposes, or a political subdivision of the state of Idaho
 19        authorized to supply water for municipal purposes, and which  does  supply
 20        water, for municipal purposes to users within its service area; or
 21        (c)  aA corporation or association which supplies water for municipal pur-
 22        poses  through a water system regulated by the state of Idaho as a "public
 23        water supply" as described in section 39-103(150), Idaho Code.
 24        (4)  "Municipal purposes" refers to  water  for  residential,  commercial,
 25    industrial,  irrigation of parks and open space, and related purposes, exclud-
 26    ing use of water from geothermal sources for heating, which a  municipal  pro-
 27    vider  is  entitled or obligated to supply to all those users within a service
 28    area, including those located outside the boundaries of a municipality  served
 29    by a municipal provider.
 30        (5)  "Planning  horizon"  refers to the length of time that the department
 31    determines is reasonable for a municipal provider to hold water rights to meet
 32    reasonably anticipated future needs. The length of the  planning  horizon  may
 33    vary according to the needs of the particular municipal provider.
 34        (6)  "Reasonably  anticipated future needs" refers to future uses of water
 35    by a municipal provider for municipal purposes within a service area which, on
 36    the basis of population and other planning data, are reasonably expected to be
 37    required within the planning horizon of each municipality within  the  service
 38    area  not  inconsistent  with  comprehensive  land  use plans approved by each
 39    municipality. Reasonably anticipated future needs shall not  include  uses  of
 40    water within areas overlapped by conflicting comprehensive land use plans.
 41        (7)  "Service  area"  means that area within which a municipal provider is
 42    or becomes entitled or obligated to provide water for municipal purposes.  For
 43    a  municipality, the service area shall correspond to its corporate limits, or
 44    other recognized boundaries, including changes therein  after  the  permit  or
 45    license  is issued. The service area for a municipality may also include areas
 46    outside its corporate limits, or other recognized boundaries, that are within
 47    the municipality's established planning area if the constructed delivery  sys-
 48    tem  for the area shares a common water distribution system with lands located
 49    within the corporate limits. For a municipal provider that is not a municipal-
 50    ity, the service area shall correspond to the area that it  is  authorized  or
 51    obligated  to  serve, including changes therein after the permit or license is
 52    issued.
                                                                        
 53        SECTION 37.  That Section 57-1701, Idaho Code, be, and the same is  hereby
                                                                        
                                          33
                                                                        
  1    amended to read as follows:
                                                                        
  2        57-1701.  CREATION  OF  CENTRAL  CANCER REGISTRY FUND -- PURPOSE. There is
  3    hereby created and established in the state treasury a fund to be known as the
  4    "central cancer registry fund"  to  which  shall  be  deposited  the  revenues
  5    derived from the tax imposed in section 63-2506, Idaho Code. All moneys now or
  6    hereafter  in  the  central  cancer registry fund are hereby dedicated for the
  7    purpose of contracting for and obtaining the services of a continuous registry
  8    of all cancer patients in the  state  of  Idaho  and  maintaining  cooperative
  9    exchange  of  information with other states providing similar cancer registry.
 10    The state board department of health and welfare, created in  section  39-107,
 11    Idaho  Code,  is charged with the administration of this fund for the purposes
 12    specified herein. The amount of money credited to the central cancer  registry
 13    fund from the tax imposed in section 63-2506, Idaho Code, shall not exceed the
 14    distribution  provided  in  section 63-2520(b)(3), Idaho Code, and the current
 15    fiscal year's appropriation, and any moneys in  excess  thereof  derived  from
 16    this  tax  shall  be credited to the general fund. All claims against the fund
 17    shall be examined, audited and allowed in the manner now or hereafter provided
 18    by law for claims against the state of Idaho.
                                                                        
 19        SECTION 38.  That Title 56, Idaho Code, be, and the same is hereby amended
 20    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 21    ter 10, Title 56, Idaho Code, and to read as follows:
                                                                        
 22                                      CHAPTER 10
 23                           DEPARTMENT OF HEALTH AND WELFARE
                                                                        
 24        56-1001.  DEFINITIONS.  Whenever  used  or  referred  to  in this chapter,
 25    unless a different meaning clearly appears from  the  context,  the  following
 26    terms shall have the following meanings:
 27        (1)  "Board"  means  the board of health and welfare as created in section
 28    56-1005, Idaho Code.
 29        (2)  "Department" means the department of health and welfare.
 30        (3)  "Director" means the director of the department of  health  and  wel-
 31    fare.
 32        (4)  "Laboratory"  means  not only facilities for biological, serological,
 33    biophysical, cytological and pathological tests, but also facilities  for  the
 34    chemical  or  other  examination  of  materials  from water, air or other sub-
 35    stances.
 36        (5)  "Person" means any individual, association, partnership, firm,  joint
 37    stock  company, trust, estate, political subdivision, public or private corpo-
 38    ration, state or federal governmental department, agency  or  instrumentality,
 39    or  any other legal entity which is recognized by law as the subject of rights
 40    and duties.
 41        (6)  "Public swimming pool" means an artificial structure, and its  appur-
 42    tenances,  which  contains  water more than two (2) feet deep which is used or
 43    intended to be used for swimming or recreational bathing, and which is for the
 44    use of any segment of the public pursuant to a general invitation but  not  an
 45    invitation to a specific occasion or occasions.
 46        (7)  "State" means the state of Idaho.
 47        (8)  "Substantive"  means  that  which  creates,  defines or regulates the
 48    rights of any person or implements, interprets or prescribes  law  or  policy,
 49    but does not include statements concerning only the internal management of the
 50    department  and  not  affecting  private rights or procedures available to the
 51    public.
                                                                        
                                          34
                                                                        
  1        56-1002.  DEPARTMENT OF HEALTH AND WELFARE -- CREATION  --  ADMINISTRATIVE
  2    REGIONS.  (1)  There  is  created  and  established  in the state government a
  3    department of health and welfare which shall, for the purposes of section  20,
  4    article  IV of the constitution of the state of Idaho, be an executive depart-
  5    ment of the state government. The executive and administrative power  of  this
  6    department  shall  be  vested  in  the director of the department who shall be
  7    appointed by and serve at the pleasure of the governor, with  the  advice  and
  8    consent of the senate.
  9        (2)  The  department  shall be organized into such administrative and gen-
 10    eral services divisions as may be necessary in order to efficiently administer
 11    the department. Each division shall be headed by a division administrator  who
 12    shall  be appointed by and serve at the pleasure of the director with the con-
 13    currence of the board.
 14        (3)  In order to provide more effective and economical access to the state
 15    health and social services by the people of  Idaho,  the  governor  is  hereby
 16    authorized to establish substate administrative regions. In the designation of
 17    these regions specific consideration shall be given to the geographic and eco-
 18    nomic  convenience of the citizens included therein. Each substate administra-
 19    tive region shall be headed by a regional director who shall be  appointed  by
 20    and serve at the pleasure of the director with the concurrence of the board.
                                                                        
 21        56-1003.  POWERS  AND  DUTIES OF THE DIRECTOR. The director shall have the
 22    following powers and duties:
 23        (1) All of the powers and duties of the department of public  health,  the
 24    department  of health, the board of health and all nonenvironmental protection
 25    duties of the department of health and welfare are hereby vested to the direc-
 26    tor of the department of health and welfare. Provided however, that rulemaking
 27    and hearing functions relating to public health and licensure  and  certifica-
 28    tion  standards shall be vested in the board of health and welfare. The direc-
 29    tor shall have all such powers and duties as may have been or could have  been
 30    exercised  by  his predecessors in law, including the authority to adopt, pro-
 31    mulgate, and enforce rules in those circumstances when the authority to adopt,
 32    promulgate, and enforce such rules is not vested in the board  of  health  and
 33    welfare,  and  shall  be  the  successor in law to all contractual obligations
 34    entered into by predecessors in law. All rulemaking proceedings  and  hearings
 35    of  the  director shall be governed by the provisions of chapter 52, title 67,
 36    Idaho Code.
 37        (2)  The director shall, pursuant and subject to  the  provisions  of  the
 38    Idaho Code, and the provisions of this chapter, formulate and recommend to the
 39    board  rules,  codes  and standards, as may be necessary to deal with problems
 40    related to personal health, and licensure and certification requirements  per-
 41    tinent thereto, which shall, upon adoption by the board, have the force of law
 42    relating  to any purpose which may be necessary and feasible for enforcing the
 43    provisions of this chapter including, but not limited to, the maintenance  and
 44    protection  of  personal  health.  Any such rule or standard may be of general
 45    application throughout the state or may be limited as to times,  places,  cir-
 46    cumstances  or  conditions  in  order  to  make  due  allowance for variations
 47    therein.
 48        (3)  The director, under the rules, codes or  standards  adopted  by  him,
 49    shall  have  the  general  supervision  of the promotion and protection of the
 50    life, health and mental health of the people of this  state.  The  powers  and
 51    duties of the director shall include, but not be limited to, the following:
 52        (a)  The  issuance of licenses and permits as prescribed by law and by the
 53        rules of the board;
 54        (b)  The supervision and administration of laboratories and  the  supervi-
                                                                        
                                          35
                                                                        
  1        sion and administration of standards of tests for environmental pollution,
  2        chemical analyses and communicable diseases. The director may require that
  3        laboratories  operated  by  any city, county, institution, person, firm or
  4        corporation for health or environmental purposes conform to standards  set
  5        by the board of health and welfare and the board of environmental quality;
  6        (c)  The  supervision and administration of a mental health program, which
  7        shall include services for the evaluation, screening, custody  and  treat-
  8        ment of the mentally ill and those persons suffering from a mental defect,
  9        or mental defects;
 10        (d)  The enforcement of minimum standards of health, safety and sanitation
 11        for all public swimming pools within the state;
 12        (e)  The  supervision and administration of the various schools, hospitals
 13        and institutions that were the responsibility of the board of health;
 14        (f)  The supervision and administration of services dealing with the prob-
 15        lems of alcoholism including, but not limited to, the care and rehabilita-
 16        tion of persons suffering from alcoholism;
 17        (g)  The establishment of liaison  with  other  governmental  departments,
 18        agencies  and  boards  in  order  to effectively assist other governmental
 19        entities with the planning for the control of or abatement of health prob-
 20        lems. All of the rules and standards adopted by the board shall  apply  to
 21        state institutions;
 22        (h)  The  supervision  and  administration of an emergency medical service
 23        program including, but not limited to, assisting other governmental  agen-
 24        cies  and local governmental units, in providing first aid emergency medi-
 25        cal services and for transportation of the sick and injured;
 26        (i)  The supervision and  administration  of  administrative  units  whose
 27        responsibility  shall  be  to assist and encourage counties, cities, other
 28        governmental units, and industries in the control of and/or  abatement  of
 29        health problems;
 30        (j)  The  enforcement  of all laws, rules, codes and standards relating to
 31        health.
 32        (4)  The director, when so designated by  the  governor,  shall  have  the
 33    power    to apply for, receive on behalf of the state, and utilize any federal
 34    aid, grants, gifts, gratuities, or moneys made available through  the  federal
 35    government.
 36        (5)  The  director  shall  have the power to enter into and make contracts
 37    and agreements with any public agencies or municipal corporations for  facili-
 38    ties,  land, and equipment when such use will have a beneficial, recreational,
 39    or therapeutic effect or be in the best interest in carrying  out  the  duties
 40    imposed upon the department.
 41        The  director  shall  also  have the power to enter into contracts for the
 42    expenditure of state matching funds for local purposes. This  subsection  will
 43    constitute  the  authority  for  public  agencies or municipal corporations to
 44    enter into such contracts and expend money for the purposes delineated in such
 45    contracts.
 46        (6)  The director is authorized to adopt an official seal to  be  used  on
 47    appropriate  occasions,  in connection with the functions of the department or
 48    the board, and such seal shall be judicially noticed.  Copies  of  any  books,
 49    records,  papers  and  other  documents in the department shall be admitted in
 50    evidence equally with the originals  thereof  when  authenticated  under  such
 51    seal.
                                                                        
 52        56-1004.  DIRECTOR -- ADDITIONAL POWERS AND DUTIES. (1) The director shall
 53    exercise  the  following powers and duties in addition to all other powers and
 54    duties inherent in the position:
                                                                        
                                          36
                                                                        
  1        (a)  Prescribe such rules as may be necessary for  the  administration  of
  2        the  department,  the conduct and duties of the employees, the orderly and
  3        efficient management of department business,  and  the  custody,  use  and
  4        preservation  of  department records, papers, books and property belonging
  5        to the state;
  6        (b)  Employ such personnel as may be  deemed  necessary,  prescribe  their
  7        duties  and fix their compensation within the limits provided by the state
  8        personnel system law;
  9        (c)  Administer oaths for all purposes required in the  discharge  of  his
 10        duties;
 11        (d)  Prescribe  the qualifications of all personnel of the department on a
 12        nonpartisan merit basis, in accordance with  the  Idaho  personnel  system
 13        law,  provided  however, that the administrators in charge of any division
 14        of the department, and the administrators in charge of the state  veterans
 15        homes,  state hospital north, state hospital south, and Idaho state school
 16        and hospital shall serve at the pleasure of the director;
 17        (e)  Create such units, sections and subdivisions as are or may be  neces-
 18        sary for the proper and efficient functioning of the department.
 19        (2)  The  department  is  empowered  to  acquire,  by  purchase,  lease or
 20    exchange, any property which in the judgment of the department is needful  for
 21    the  operation  of the facilities and programs for which it is responsible and
 22    to dispose of, by sale, lease or exchange, any property which in the  judgment
 23    of the department is not needful for the operation of the same.
                                                                        
 24        56-1005.  BOARD  --  COMPOSITION  -- OFFICERS -- COMPENSATION -- POWERS --
 25    SUBPOENA -- DEPOSITIONS -- REVIEW -- RULES. (1) The board of health  and  wel-
 26    fare  shall  consist of seven (7) members who shall be appointed by the gover-
 27    nor, with the advice and consent of the senate. The members may be removed  by
 28    the  governor  for  cause.  Each member of the board shall be a citizen of the
 29    United States, a resident of the state of Idaho, and a qualified elector.  Not
 30    more  than  four  (4) members of the board shall be from any one (1) political
 31    party. All members of the board shall be  chosen  with  due  regard  to  their
 32    knowledge and interest in health and social services.
 33        (2)  The members of the board of health and welfare, serving on the effec-
 34    tive  date  of  this  act  shall continue in office as members of the board of
 35    health and welfare. All members of the board of health and welfare shall serve
 36    four (4) year terms.
 37        (3)  The board annually shall elect a chairman, a  vice  chairman,  and  a
 38    secretary,  and  shall  hold such meetings as may be necessary for the orderly
 39    conduct of its business, and such meetings shall be held from time to time  on
 40    seventy-two  (72)  hours' notice of the chairman or a majority of the members.
 41    Five (5) members shall be necessary to constitute a quorum at any  regular  or
 42    special meeting and the action of the majority of members present shall be the
 43    action of the board. The members of the board shall be compensated as provided
 44    in section 59-509(h), Idaho Code.
 45        (4)  The  board, in furtherance of its duties under this act and under its
 46    rules, shall have the power to administer oaths, certify to official acts, and
 47    to issue subpoenas for the attendance  of  witnesses  and  the  production  of
 48    papers,  books, accounts, documents and testimony. The board may, if a witness
 49    refuses to attend or testify, or to produce any papers required by  such  sub-
 50    poenas,  report  to the district court in and for the county in which the pro-
 51    ceeding is pending, by petition, setting forth that due notice has been  given
 52    of  the  time  and place of attendance of said witnesses, or the production of
 53    said papers, that the witness has been properly summoned, and that the witness
 54    has failed and refused to attend or produce the papers required by  this  sub-
                                                                        
                                          37
                                                                        
  1    poena  before  the board, or has refused to answer questions propounded to him
  2    in the course of said proceedings, and ask an order of said  court  compelling
  3    the  witness  to  attend and testify and produce said papers before the board.
  4    The court, upon the petition of the board, shall enter an order directing  the
  5    witness  to  appear  before  the  court at a time and place to be fixed by the
  6    court in such order, the time to be not more than ten (10) days from the  date
  7    of  the order, and then and there shall show cause why he has not attended and
  8    testified or produced said papers before the board. A copy of said order shall
  9    be served upon said witness. If it shall appear to the court  that  said  sub-
 10    poena  was regularly issued by the board and regularly served, the court shall
 11    thereupon order that said witness appear before the  board  at  the  time  and
 12    place  fixed  in  said order, and testify or produce the required papers. Upon
 13    failure to obey said order, said witness shall be dealt with for  contempt  of
 14    court.
 15        (5)  The  director,  his  designee,  or any party to the action may, in an
 16    investigation or hearing before the board, cause the deposition or  interroga-
 17    tory of witnesses or parties residing within or without the state, to be taken
 18    in  the  manner  prescribed by law for like depositions and interrogatories in
 19    civil actions in the district court of this state, and to that end may  compel
 20    the  attendance  of  said witnesses and production of books, documents, papers
 21    and accounts.
 22        (6)  Any person aggrieved by an action or inaction of  the  department  of
 23    health  and  welfare  shall be afforded an opportunity for a fair hearing upon
 24    request therefor in writing pursuant to chapter 52, title 67, Idaho Code,  and
 25    the  rules  promulgated  thereunder.  In  those cases where the board has been
 26    granted the authority to hold such a hearing pursuant to a  provision  of  the
 27    Idaho  Code, the hearing may be conducted by the board at a regular or special
 28    meeting, or the board may designate hearing officers, who shall have the power
 29    and authority to conduct hearings in the name of the board  at  any  time  and
 30    place.  In any hearing, a member of the board or hearing officer designated by
 31    it, shall have the power to administer oaths, examine witnesses, and issue  in
 32    the  name  of the board subpoenas requiring the testimony of witnesses and the
 33    production of evidence relevant to any matter in the hearing.
 34        (7)  Any person adversely affected by a final determination of the  board,
 35    may secure judicial review by filing a petition for review as prescribed under
 36    the  provisions  of  chapter 52, title 67, Idaho Code. The petition for review
 37    shall be served upon the chairman of the board, the director  of  the  depart-
 38    ment,  and upon the attorney general of the state of Idaho. Such service shall
 39    be jurisdictional and the provisions of this section shall  be  the  exclusive
 40    procedure for appeal.
 41        (8)  The  board,  by  the affirmative vote of four (4) of its members, may
 42    adopt, amend or repeal the rules, codes, and standards of the department, that
 43    are necessary and feasible in order to carry out the purposes  and  provisions
 44    of this act and to enforce the laws of this state.
 45        The  rules  and orders so adopted and established shall have the force and
 46    effect of law and may deal with any matters deemed necessary and feasible  for
 47    protecting the health of the state.
 48        (9)  All  rulemaking  proceedings  and hearings of the board shall be gov-
 49    erned by the provisions of chapter 52, title 67, Idaho Code.
                                                                        
 50        56-1006.  TITLE SUPERSEDED. Except with respect to  environmental  protec-
 51    tion functions, wherever the words "board of health" appear in the Idaho Code,
 52    they  shall  mean  the  board  of  health  and welfare, and wherever the words
 53    "administrator of health" appear in the Idaho Code, they shall mean the direc-
 54    tor  of  the  department  of  health  and  welfare,  and  wherever  the  words
                                                                        
                                          38
                                                                        
  1    "department of health" appear in the Idaho Code, they shall mean  the  depart-
  2    ment of health and welfare.
                                                                        
  3        56-1007.  COLLECTION  OF  FEES  FOR SERVICES. The department of health and
  4    welfare is hereby authorized to charge and  collect  reasonable  fees,  estab-
  5    lished  by  rule,  for  any service rendered by the department. The fee may be
  6    determined by a sliding scale according to income  or  available  assets.  The
  7    department  is  hereby  authorized to require information concerning the total
  8    income and assets of each person receiving services in order to determine  the
  9    amount of the fee to be charged.
                                                                        
 10        56-1008.  CRIMINAL  VIOLATION -- PENALTY. Any person who willfully or neg-
 11    ligently violates any of the provisions of the public health laws or the terms
 12    of any lawful  notice,  order,  permit,  standard,  or  rule  issued  pursuant
 13    thereto, shall be guilty of a misdemeanor.
                                                                        
 14        SECTION  39. (1) This  act  shall be in full force and effect on and after
 15    July 1, 2000, except that the Division of Environmental Quality shall have one
 16    (1) year thereafter to accomplish necessary changes to complete  the  physical
 17    transition to the new department.
 18        (2)  Notwithstanding  any  other provisions of Chapter 52, Title 67, Idaho
 19    Code, the Administrative Rules Coordinator shall redesignate all references to
 20    the Division of Environmental Quality which appear in the master rule database
 21    maintained by the coordinator, to  the  Department  of  Environmental  Quality
 22    without  further  republication or promulgation, to comply with the provisions
 23    of this act.  Until such time as a republication of a rule occurs, any  refer-
 24    ence in a rule to the Division of Environmental Quality shall mean the Depart-
 25    ment of Environmental Quality.

Amendment


 AS1426
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by                        
                                                                        
                                                     Seconded by                     
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1426
                                                                        
  1                               AMENDMENT TO SECTION 12
  2        On page 17 of the printed bill, in line 41, delete "accounting system" and
  3    insert: "statewide accounting and reporting system".
                                                                        
  4                               AMENDMENTS TO SECTION 14
  5        On page 18, in line 43, delete "know" and insert:  "known";  in  line  44,
  6    delete "perpetually"; and in line 50, following "protection" insert: "trust".
                                                                        
  7                                AMENDMENTS TO THE BILL
  8        On  page  18,  in line 1, following "39-107C." delete the remainder of the
  9    line and delete all of lines 2 through 37, and in line 38, delete  "39-107D.";
 10    and following line 50 insert:
 11        "SECTION 14.  That Section 39-3628, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        39-3628.  WATER  POLLUTION  CONTROL  ACCOUNT  FUND  ESTABLISHED.  There is
 14    hereby created and established in the state treasury a separate  account  fund
 15    to  be  known  as  the  water pollution control account fund. The account fund
 16    shall have paid into it:
 17        1.  The moneys provided for in section 14-425 63-3638,  Idaho  Code,  that
 18    are  paid  over to the state treasurer shall be deposited to the credit of the
 19    water pollution control account fund, and not to the credit of the state  gen-
 20    eral account fund;
 21        2.  All  donations  and  grants  from any source which may be used for the
 22    provisions of this act;
 23        3.  Any other funds which may hereafter be provided by law.
                                                                        
 24        SECTION 15.  That Section 39-3630, Idaho Code, be, and the same is  hereby
 25    amended to read as follows:
                                                                        
 26        39-3630.  APPROPRIATION OF WATER POLLUTION CONTROL ACCOUNT FUND -- PURPOSE
 27    OF CHAPTER. Moneys in the water pollution control account fund are hereby per-
 28    petually appropriated for the following purposes:
 29        1.  To  provide the state's matching share of grants made under the provi-
 30    sions of this chapter.
 31        2.(1)  To provide revenue for the  payment  of  general  obligation  bonds
 32    issued pursuant to section 39-3633, Idaho Code, and general obligation refund-
 33    ing bonds issued pursuant to chapter 115, 1973 laws of the state of Idaho.
 34        3.  To  provide  for  the  operations of the water quality programs estab-
 35    lished pursuant to this chapter.
 36        4.  To provide direct grants or contracts for  the  purpose  of  providing
 37    training  for  drinking water system and sewage treatment plant operating per-
 38    sonnel.
 39        5.(2)  To provide payments for contracts entered  into  pursuant  to  this
                                                                        
                                          2
                                                                        
  1    chapter.
  2        6.(3)  To provide funds to capitalize the wastewater facility loan account
  3    established  in  section  39-3629, Idaho Code, including the required matching
  4    share of federal capitalization funds.
  5        7.(4)  To provide funds to capitalize  the  drinking  water  loan  account
  6    established  in  section  39-7602, Idaho Code, including the required matching
  7    share of federal capitalization funds.
  8        (5)  Pending such expenditure or use, surplus moneys in the  water  pollu-
  9    tion  control fund shall be invested by the state treasurer in the manner pro-
 10    vided for idle state moneys in the state treasury by  section  67-1210,  Idaho
 11    Code.   Interest received on all such investments shall be paid into the water
 12    pollution control fund."; and renumber subsequent sections of the bill accord-
 13    ingly.
                                                                        
 14                                 CORRECTIONS TO TITLE
 15        On page 1, delete lines 27 through 29 and insert: "THE ADDITION OF  A  NEW
 16    SECTION 39-107C, IDAHO CODE, TO CREATE THE ENVIRONMENTAL"; in line 30, follow-
 17    ing  "FUND;" insert: "AMENDING SECTION 39-3628, IDAHO CODE, TO PROVIDE CORRECT
 18    TERMINOLOGY FOR THE WATER POLLUTION CONTROL FUND AND TO PROVIDE FOR REMITTANCE
 19    OF SALES TAX MONEYS; AMENDING SECTION 39-3630, IDAHO CODE, TO PROVIDE  CORRECT
 20    TERMINOLOGY, TO REVISE PURPOSES THAT MONEY IN THE WATER POLLUTION CONTROL FUND
 21    MAY  BE  USED  FOR AND TO PROVIDE THAT INTEREST EARNED ON MONEYS INVESTED FROM
 22    THE FUND SHALL BE RETURNED TO THE FUND;".

Statement of Purpose / Fiscal Impact


     
                STATEMENT OF PURPOSE 
                      RS09424A1
     
          The purpose of this legislation is to establish the Department of
     Environmental Quality.   Protection of human health and the environment
     pursuant to existing state law can most effectively be   achieved   by    vesting  
     responsibility     for    environmental protection in a freestanding state agency. 
          This   legislation     transfers    to    the   new    Department     of
     Environmental Quality all rights, powers, duties, budgets, funds,   contracts,    
     rule-making    proceedings,  administrative proceedings, contested cases civil
     actions, and other matters relating to environmental protection as described in the
     legislation, now vested in the Director of the Department of Health and Welfare
     and the Board of Health and Welfare.   The legislation also creates a citizen board
     to oversee the Department.
     
     
      
                    FISCAL IMPACT 
     
     The   Department  shall utilize the designated  legislative appropriations made to
     the Division of Environmental Quality for environmental program functions for
     fiscal year 2001.    No additional funding or increases in staffing will be
     requested. The fiscal impact from interest generated from funds held in the Water
     Pollution Control Fund is estimated at $50,000 to the General Fund in FY 2001. 
     
     CONTACTS 
     
     Name:      Steve Allred, Division of Environmental Quality
               Michael Bogert, Governor's Office 
     
     Phone:     373-0240, 334-2100 
     
                                             STATEMENT  OF PURPOSE/FISCAL NOTE                             S 1426aa
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