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H0164..............................................by ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL QUALITY - Amends existing law to provide that
the Department of Environmental Quality and the Board of Environmental
Quality shall have the authority to regulate matters relating to
environmental protection; and to provide technical cleanup for Senate Bill
No. 1426 of the 2000 Legislature.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Env Aff
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 66-0-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Tilman, Trail, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Boe, Marley, Wheeler
Floor Sponsor -- Barraclough
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Health/Wel
02/23 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- Stennett
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/22 Governor signed
Session Law Chapter 103
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 164
BY ENVIRONMENTAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION 9-340F,
3 IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUAL-
4 ITY; AMENDING SECTION 9-342A, IDAHO CODE, TO PROVIDE REFERENCE TO THE
5 DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO THE DIRECTOR OF THE DEPARTMENT
6 OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
7 TION 18-6015, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVI-
8 RONMENTAL QUALITY; AMENDING SECTION 22-3413, IDAHO CODE, TO PROVIDE REFER-
9 ENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE A TECHNICAL
10 CORRECTION; AMENDING SECTIONS 22-4801 AND 22-4802, IDAHO CODE, TO PROVIDE
11 REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION
12 22-4902, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMEN-
13 TAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 22-4903,
14 IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUAL-
15 ITY AND TO THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO
16 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 22-4905, IDAHO CODE, TO PRO-
17 VIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SEC-
18 TION 31-4405, IDAHO CODE, TO PROVIDE REFERENCES TO THE BOARD OF ENVIRON-
19 MENTAL QUALITY; AMENDING SECTION 36-1905, IDAHO CODE, TO PROVIDE REFERENCE
20 TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORREC-
21 TIONS; AMENDING SECTION 36-2404, IDAHO CODE, TO PROVIDE REFERENCE TO THE
22 DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING THE HEADING TO CHAPTER 1,
23 TITLE 39, IDAHO CODE; AMENDING SECTION 39-104A, IDAHO CODE, TO PROVIDE
24 REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION
25 39-166, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 204, LAWS OF 1996, TO
26 REDESIGNATE THE SECTION, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVI-
27 RONMENTAL QUALITY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
28 39-167, IDAHO CODE, AS ADDED BY SECTION 2, CHAPTER 204, LAWS OF 1996, TO
29 REDESIGNATE THE SECTION, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL
30 CORRECTIONS; AMENDING SECTION 39-168, IDAHO CODE, AS ADDED BY SECTION 3,
31 CHAPTER 204, LAWS OF 1996, TO REDESIGNATE THE SECTION, TO DELETE REFERENCE
32 TO PUBLIC HEALTH DISTRICTS AND TO PROVIDE REFERENCE TO THE DEPARTMENT OF
33 ENVIRONMENTAL QUALITY; AMENDING SECTION 39-169, IDAHO CODE, AS ADDED BY
34 SECTION 4, CHAPTER 204, LAWS OF 1996, TO REDESIGNATE THE SECTION; AMENDING
35 SECTION 39-3003, IDAHO CODE, TO PROVIDE REFERENCES TO THE BOARD OF ENVI-
36 RONMENTAL QUALITY AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE
37 TECHNICAL CORRECTIONS; AMENDING SECTION 39-3005, IDAHO CODE, TO PROVIDE
38 REFERENCES TO THE BOARD OF ENVIRONMENTAL QUALITY AND THE DEPARTMENT OF
39 ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
40 39-3006, IDAHO CODE, TO PROVIDE REFERENCES TO THE BOARD OF ENVIRONMENTAL
41 QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS 39-3007,
42 39-3008, 39-3011, 39-3012 AND 39-3017, IDAHO CODE, TO MAKE TECHNICAL COR-
43 RECTIONS; AMENDING SECTION 39-3018, IDAHO CODE, TO PROVIDE REFERENCE TO
44 THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS;
45 AMENDING SECTION 39-3019, IDAHO CODE, TO PROVIDE REFERENCE TO THE BOARD OF
46 ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
2
1 39-3026, IDAHO CODE, TO PROVIDE REFERENCES TO THE BOARD OF ENVIRONMENTAL
2 QUALITY AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION
3 39-3601, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMEN-
4 TAL QUALITY AND TO THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY
5 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-3602, IDAHO CODE,
6 TO FURTHER DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
7 TION 39-3613, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVI-
8 RONMENTAL QUALITY; AMENDING SECTION 39-3617, IDAHO CODE, TO PROVIDE REFER-
9 ENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO THE BOARD OF ENVI-
10 RONMENTAL QUALITY; AMENDING SECTION 39-3620, IDAHO CODE, TO PROVIDE REFER-
11 ENCE TO THE BOARD OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORREC-
12 TIONS; AMENDING SECTION 39-3624, IDAHO CODE, TO PROVIDE REFERENCE TO THE
13 DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS;
14 AMENDING SECTION 39-3625, IDAHO CODE, TO FURTHER DEFINE TERMS; AMENDING
15 SECTION 39-3626, IDAHO CODE, TO PROVIDE REFERENCE TO THE BOARD OF ENVIRON-
16 MENTAL QUALITY AND TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE
17 TECHNICAL CORRECTIONS; AMENDING SECTION 39-3627, IDAHO CODE, TO PROVIDE
18 REFERENCE TO THE BOARD OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL COR-
19 RECTIONS; AMENDING SECTION 39-3631, IDAHO CODE, TO PROVIDE REFERENCE TO
20 THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS;
21 AMENDING SECTION 39-3632, IDAHO CODE, TO PROVIDE REFERENCE TO THE BOARD OF
22 ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
23 39-3633, IDAHO CODE, TO PROVIDE REFERENCE TO THE BOARD OF ENVIRONMENTAL
24 QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-3635, IDAHO
25 CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND
26 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-3637, IDAHO CODE, TO
27 PROVIDE REFERENCE TO THE BOARD OF ENVIRONMENTAL QUALITY AND TO THE DEPART-
28 MENT OF ENVIRONMENTAL QUALITY, TO PROVIDE THAT THE DIRECTOR OF THE DEPART-
29 MENT OF ENVIRONMENTAL QUALITY SHALL MAINTAIN A SITE INVENTORY OF EXISTING
30 SEWAGE DISPOSAL SYSTEMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
31 TION 39-3638, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVI-
32 RONMENTAL QUALITY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
33 39-4403, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL CORREC-
34 TIONS; AMENDING SECTION 39-4426, IDAHO CODE, TO PROVIDE REFERENCE TO THE
35 DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION 39-4428, IDAHO CODE,
36 TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING
37 SECTION 39-4429, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF
38 ENVIRONMENTAL QUALITY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
39 39-4431, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMEN-
40 TAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-5803,
41 IDAHO CODE, TO FURTHER DEFINE TERMS; AMENDING SECTION 39-5805, IDAHO CODE,
42 TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO
43 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-5806, IDAHO CODE, TO PRO-
44 VIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SEC-
45 TION 39-5812, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVI-
46 RONMENTAL QUALITY; AMENDING SECTION 39-6203, IDAHO CODE, TO FURTHER DEFINE
47 TERMS; AMENDING SECTION 39-6404, IDAHO CODE, TO PROVIDE REFERENCE TO THE
48 DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION 39-6407, IDAHO CODE,
49 TO PROVIDE THAT A REPRESENTATIVE FROM THE DEPARTMENT OF ENVIRONMENTAL
50 QUALITY SHALL SERVE ON THE REGIONAL CLEAN LAKES TECHNICAL ADVISORY GROUP;
51 AMENDING SECTION 39-6501, IDAHO CODE, TO FURTHER DEFINE TERMS; AMENDING
52 SECTION 39-6503, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF
53 ENVIRONMENTAL QUALITY; AMENDING SECTION 39-6504, IDAHO CODE, TO PROVIDE
54 REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO THE BOARD OF
55 ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
3
1 39-6506, IDAHO CODE, TO PROVIDE REFERENCE TO THE BOARD OF ENVIRONMENTAL
2 QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-6603, IDAHO
3 CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY;
4 AMENDING SECTION 39-6609, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPART-
5 MENT OF ENVIRONMENTAL QUALITY AND TO MAKE A GRAMMATICAL CORRECTION; AMEND-
6 ING SECTION 39-7002, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF
7 ENVIRONMENTAL QUALITY; AMENDING SECTION 39-7108, IDAHO CODE, TO PROVIDE
8 REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION
9 39-7114, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMEN-
10 TAL QUALITY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-7203,
11 IDAHO CODE, TO FURTHER DEFINE TERMS; AMENDING SECTION 39-7401, IDAHO CODE,
12 TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING
13 SECTION 39-7402, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF
14 ENVIRONMENTAL QUALITY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
15 39-7403, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL CORREC-
16 TIONS; AMENDING SECTION 39-7408B, IDAHO CODE, TO PROVIDE REFERENCE TO THE
17 DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION
18 39-7602, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMEN-
19 TAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-7902,
20 IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUAL-
21 ITY; AMENDING SECTION 39-7903, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO
22 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-7908, IDAHO CODE, TO PRO-
23 VIDE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY;
24 AMENDING SECTION 39-7911, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPART-
25 MENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION 39-7914, IDAHO CODE, TO
26 PROVIDE REFERENCE TO RULES OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY;
27 AMENDING SECTION 41-4911, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPART-
28 MENT OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
29 SECTION 41-4947, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF
30 ENVIRONMENTAL QUALITY; AMENDING SECTION 42-227, IDAHO CODE, TO PROVIDE
31 REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION
32 42-1503, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMEN-
33 TAL QUALITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 42-1711,
34 IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUAL-
35 ITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 42-1734, IDAHO
36 CODE, TO PROVIDE REFERENCE TO THE BOARD OF ENVIRONMENTAL QUALITY AND TO
37 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 42-1805, IDAHO CODE, TO PRO-
38 VIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO THE
39 DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE TECHNICAL
40 CORRECTIONS; AMENDING SECTION 42-3902, IDAHO CODE, TO PROVIDE REFERENCE TO
41 THE BOARD OF ENVIRONMENTAL QUALITY; AMENDING SECTION 42-3910, IDAHO CODE,
42 TO PROVIDE REFERENCE TO THE BOARD OF ENVIRONMENTAL QUALITY; AMENDING SEC-
43 TION 46-1019, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT
44 OF ENVIRONMENTAL QUALITY SHALL SERVE AS A MEMBER OF THE EMERGENCY RESPONSE
45 COMMISSION; AMENDING SECTION 47-1315, IDAHO CODE, TO PROVIDE THAT WATER
46 USED IN MINING PROCESSES MUST CONFORM TO THE STANDARDS AND RULES OF THE
47 DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION 47-1513, IDAHO CODE,
48 TO PROVIDE REFERENCE TO THE BOARD OF ENVIRONMENTAL QUALITY; AMENDING SEC-
49 TION 49-2203, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVI-
50 RONMENTAL QUALITY; AMENDING SECTION 50-1326, IDAHO CODE, TO PROVIDE REFER-
51 ENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION 50-1327,
52 IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUAL-
53 ITY; AMENDING SECTION 50-1328, IDAHO CODE, TO PROVIDE REFERENCE TO THE
54 BOARD OF ENVIRONMENTAL QUALITY AND TO MAKE A TECHNICAL CORRECTION; AMEND-
55 ING SECTION 50-1329, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF
4
1 ENVIRONMENTAL QUALITY; AMENDING SECTION 50-1703, IDAHO CODE, TO PROVIDE
2 REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTIONS
3 55-2014 AND 55-2714, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF
4 ENVIRONMENTAL QUALITY; AMENDING SECTIONS 63-3022C AND 63-3024B, IDAHO
5 CODE, TO PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY;
6 AMENDING SECTION 67-818, IDAHO CODE, TO PROVIDE REFERENCE TO THE DEPART-
7 MENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION 67-2917, IDAHO CODE, TO
8 PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING
9 SECTION 67-5303, IDAHO CODE, TO PROVIDE THAT DIVISION ADMINISTRATORS IN
10 THE DEPARTMENT OF ENVIRONMENTAL QUALITY ARE NONCLASSIFIED EMPLOYEES AND TO
11 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 67-7502, IDAHO CODE, TO
12 PROVIDE REFERENCE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO MAKE A
13 TECHNICAL CORRECTION.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 9-340F, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 9-340F. RECORDS EXEMPT FROM DISCLOSURE -- DRAFT LEGISLATION AND SUPPORT-
18 ING MATERIALS, TAX COMMISSION, PETROLEUM CLEAN WATER TRUST FUND. The following
19 records are exempt from disclosure:
20 (1) Records consisting of draft legislation and documents specifically
21 related to such draft legislation or research requests submitted to the legis-
22 lative services office by a member of the Idaho legislature for the purpose of
23 placing such draft legislation into a form suitable for introduction as offi-
24 cial proposed legislation of the legislature of the state of Idaho, unless the
25 individual legislator having submitted or requested such records or research
26 agrees to waive the provisions of confidentiality provided by this subsection.
27 (2) All papers, physical and electronic records and correspondence or
28 other supporting materials comprising the work papers in the possession of the
29 legislative services office or the director of legislative performance evalua-
30 tions prior to release of the related final audit and all other records or
31 materials in the possession of the legislative services office or the director
32 of legislative performance evaluations that would otherwise be confidential
33 or exempt from disclosure.
34 (3) Records consisting of draft congressional and legislative redistrict-
35 ing plans and documents specifically related to such draft redistricting plans
36 or research requests submitted to the commission staff by a member of the com-
37 mission for reapportionment for the purpose of placing such draft redistrict-
38 ing plan into form suitable for presentation to the full membership of the
39 commission, unless the individual commission member having submitted or
40 requested such plans or research agrees to waive the provisions of confidenti-
41 ality provided by this subsection.
42 (4) Records that identify the method by which the Idaho state tax com-
43 mission selects tax returns for audit review.
44 (5) Underwriting and claims records of the Idaho petroleum clean water
45 trust fund obtained pursuant to section 41-4904, 41-4908, 41-4910A, 41-4911 or
46 41-4911A, Idaho Code. Provided however, that this subsection shall not prevent
47 the Idaho petroleum clean water trust fund's submittal to the Idaho department
48 of health and welfare, division of environmental quality, or other regulatory
49 agencies of information necessary to satisfy an insured's corrective action
50 requirement under applicable federal or state standards in the event of a
51 release into the environment from a petroleum storage tank; and provided fur-
52 ther that nothing in this subsection shall prevent the Idaho petroleum clean
5
1 water trust fund from providing auditing, reporting, or actuarial information
2 as otherwise required of it pursuant to section 41-4918, 41-4924A, 41-4931,
3 41-4933, 41-4935, 41-4940 or 41-4941, Idaho Code.
4 SECTION 2. That Section 9-342A, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 9-342A. ACCESS TO AIR QUALITY AND HAZARDOUS WASTE RECORDS; -- PROTECTION
7 OF TRADE SECRETS. (1) To the extent required by the federal clean air act and
8 the resource conservation and recovery act for state primacy over any dele-
9 gated or authorized programs, even if the record is otherwise exempt from dis-
10 closure under section 9-340 chapter 3, title 9, Idaho Code, any person may
11 inspect and copy:
12 (a) Air pollution emission data;
13 (b) The content of any title V operating permit;
14 (c) The name and address of any applicant or permittee for a hazardous
15 waste treatment, storage, or disposal facility permit pursuant to chapter
16 44, title 39, Idaho Code; and
17 (d) Any other record required to be provided to or obtained by the
18 department of health and welfare, division of environmental quality pursu-
19 ant to the federal clean air act and the resource conservation and recov-
20 ery act, and the implementing state statutes, federal regulations and
21 state rules, unless the record is a trade secret.
22 (2) For purposes of this section, a record, or a portion of the record,
23 is a "trade secret" if the information contained in the record is a trade
24 secret within the meaning of the Idaho trade secrets act, sections 48-801, et
25 seq., Idaho Code, including commercial or financial information which, if dis-
26 closed, could cause substantial competitive harm to the person from whom the
27 record was obtained.
28 (3) Any record, or portion of a record, provided to or obtained by the
29 department of health and welfare, division of environmental quality and
30 identified by the person providing the record as a trade secret shall not be
31 disclosed to the public and shall be kept confidential according to the proce-
32 dures established in this section.
33 (4) Nothing in this section shall be construed as limiting the disclosure
34 of a trade secret by the department of health and welfare, division of envi-
35 ronmental quality:
36 (a) To any officer, employee, or authorized representative of the state
37 or the United States, under a continuing claim of confidentiality, as nec-
38 essary to carry out the provisions of state or federal law, or when rele-
39 vant to any proceeding thereunder;
40 (b) As determined necessary by the administrator director of the division
41 department of environmental quality (under a continuing confidentiality
42 claim) to protect the public health and safety from imminent and substan-
43 tial endangerment;
44 (c) As required by state or federal law, including section 9-343(3),
45 Idaho Code, under a continuing claim of confidentiality and subsection
46 (1), of this section; or
47 (d) With the consent of the person from whom the record is obtained.
48 (5) It shall be the responsibility of any person providing a record to
49 the department of health and welfare, division of environmental quality to
50 give notice of the existence of a trade secret on each page or other portion
51 of information at the time of submittal and such person shall have the burden
52 of demonstrating that the information is a trade secret.
53 (6) Notwithstanding the time frames set forth in section 9-339(1), Idaho
6
1 Code, when a request is made to the department of health and welfare, division
2 of environmental quality pursuant to the provisions of this chapter for the
3 disclosure of information for which a trade secret claim has been made, and
4 the information has not been demonstrated to be a trade secret to the satis-
5 faction of the administrator director of the division department of environ-
6 mental quality, within three (3) working days of receipt of the request for
7 the disclosure of the information the division department of environmental
8 quality shall provide a written request for substantiation to the person mak-
9 ing the confidentiality claim. A response shall be submitted to the division
10 department of environmental quality by the person claiming the trade secret
11 protection within ten (10) working days after receipt of the request for sub-
12 stantiation or the information subject to the claim shall be disclosed without
13 further notice. Upon receipt of a timely response to the request for substan-
14 tiation, the administrator director of the division department of environmen-
15 tal quality shall determine whether the information is a trade secret subject
16 to protection.
17 (a) If it is determined that the information, or any portion of the
18 information, is a trade secret, within three (3) working days after
19 receipt of the response, the administrator director of the division
20 department of environmental quality shall notify the person requesting the
21 information that the request is denied pursuant to sections 9-339(3) and
22 (4), Idaho Code.
23 (b) If it is determined that the information, or any portion of the
24 information, is not a trade secret and is, therefore, subject to disclo-
25 sure, within three (3) working days after receipt of the response, the
26 administrator director of the division department of environmental quality
27 shall inform the person making the confidentiality claim of the determina-
28 tion. The decision shall be a final agency action directly appealable, de
29 novo, to the district court of the county where the records or some part
30 thereof are located. An appeal contesting the decision of the administra-
31 tor director of the division department of environmental quality to
32 release information claimed to be a trade secret shall be filed within ten
33 (10) working days from the date of receipt of the written notice of deci-
34 sion. The information claimed to be a trade secret shall not be disclosed
35 until the period for appeal has expired with no appeal being taken, or a
36 court order has been issued finding that the information is not a trade
37 secret and all appeals of that order have been exhausted.
38 (7) In any appeal taken pursuant to this section, the court may award
39 reasonable costs and attorney's fees to the prevailing party if it finds the
40 claim of confidentiality or the decision of the administrator director of the
41 division department of environmental quality to provide records was frivo-
42 lously pursued.
43 (8) By December 31, 1998, tThe department of health and welfare environ-
44 mental quality shall adopt rules which include:
45 (a) Appropriate measures to safeguard and protect against improper dis-
46 closure of trade secrets, including procedures to train all employees on
47 the proper handling of trade secrets; and
48 (b) Any other provisions necessary to carry out this section.
49 (9) As it relates to the department of health and welfare, division of
50 environmental quality, or to agents, contractors, or other representatives of
51 the division department, the immunity created in section 9-346, Idaho Code,
52 shall apply only when disclosure of a trade secret is made consistent with
53 this section.
54 SECTION 3. That Section 18-6015, Idaho Code, be, and the same is hereby
7
1 amended to read as follows:
2 18-6015. PROHIBITION ON DISPOSAL OF HUMAN BODY WASTE FROM PASSENGER
3 TRAINS. (1) As used in this section:
4 (a) "Human body waste" means excrement, feces or other waste material
5 discharged from the human body.
6 (b) "Passenger train" means any train operated by a railroad company or
7 corporation or operated by an entity created by federal law, for the pri-
8 mary purpose of transporting passengers.
9 (c) "Person" means an individual, trust, firm, joint stock company, cor-
10 poration, partnership, association, state, state or federal agency or
11 entity, city, commission, or political subdivision of a state.
12 (2) No person operating or controlling any passenger train through or
13 within this state may knowingly and openly place, throw, release, discharge,
14 or deposit human body waste from a passenger train upon the right-of-way over
15 which it operates.
16 (3) Any person who violates any provision of this section is guilty of a
17 misdemeanor.
18 (4) The department of health and welfare environmental quality and the
19 public health districts shall enforce the provisions of this section.
20 SECTION 4. That Section 22-3413, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 22-3413. CONTAINER DISPOSAL. Partially full or empty pesticide containers
23 shall be disposed of as prescribed by the Idaho department of health and wel-
24 fare environmental quality and in accordance with the federal regulations.
25 SECTION 5. That Section 22-4801, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 22-4801. LEGISLATIVE FINDINGS AND INTENT. The legislature finds that the
28 current knowledge and technology support the practice of burning crop residue
29 to control disease, weeds, pests, and to enhance crop rotations. It is the
30 intent of the legislature to promote agricultural activities. Currently some
31 of those activities include crop residue burning. The director of the Idaho
32 department of agriculture may promulgate rules relating to crop residue burn-
33 ing under this chapter. Further, the legislature encourages the Idaho depart-
34 ment of agriculture and the Idaho department of health and welfare, division
35 of environmental quality to cooperate with the agricultural community and
36 establish voluntary smoke management and crop residue burning programs. The
37 legislature encourages the Idaho department of agriculture and the agricul-
38 tural community to pursue alternative means to crop residue disposal. Nothing
39 in this chapter shall prohibit the Idaho department of health and welfare,
40 division of environmental quality from enforcing the environmental protection
41 and health act, chapter 1, title 39, Idaho Code, and the rules promulgated
42 pursuant thereto, as they relate to air quality and protection of the state
43 and national ambient air quality standards.
44 SECTION 6. That Section 22-4802, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 22-4802. DEFINITIONS. In this chapter:
47 (1) "Adequate smoke dispersion" means that favorable meteorological and
48 air quality conditions exist to allow crop residue burning to occur without
8
1 endangering ambient air quality standards.
2 (2) "Cereal grain field" means a field of grass cultivated for edible
3 seeds such as wheat, oats, barley, rye, rice, maize, grain, sorghum and proso
4 millet.
5 (3) "Crop residue" means any vegetative material remaining in the field
6 after harvest and shall not include weeds along ditch banks or waterways,
7 orchard prunings, or forest slash piles.
8 (4) "Department" means the Idaho department of agriculture.
9 (5) "DEQ" means the Idaho department of health and welfare, division of
10 environmental quality.
11 (6) "Director" means the director of the Idaho department of agriculture.
12 (7) "Field grass" or "forage grass field" means a field which has been
13 planted with one (1) of the following varieties of grass for the purpose of
14 producing seed: canary grass, bromegrass, oat grass, Timothy grass, wheat
15 grass, or orchard grass.
16 (8) "Person" means a natural person, individual, firm, partnership, cor-
17 poration, company, society, association, cooperative, two (2) or more persons
18 having a joint or common interest, or any unit or agency of local, state or
19 federal government.
20 (9) "Reasonable efforts" means, but is not limited to, the obtaining of
21 any available information on local meteorological and air quality conditions
22 and observing the smoke plume from small test fires or from other field burns.
23 (10) "Turf grass field" means a field which has been planted with one (1)
24 of the following varieties of grass for the purpose of producing seed: blue-
25 grass, bent grass, fescues or perennial ryegrass.
26 SECTION 7. That Section 22-4902, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 22-4902. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1)
29 The legislature recognizes the importance of protecting state natural
30 resources including, surface water and ground water. It is the intent of the
31 legislature to protect the quality of these natural resources while maintain-
32 ing an economically viable beef cattle industry in the state. The beef cattle
33 industry produces manure and process wastewater which, when properly used,
34 supplies valuable nutrients and organic matter to soils and is protective of
35 the environment, but may, when improperly stored and managed, create adverse
36 impacts on natural resources, including waters of the state. This act chapter
37 is intended to ensure that manure and process wastewater associated with beef
38 cattle operations are handled in a manner which protects the natural resources
39 of the state.
40 (2) Further, the legislature recognizes that the beef cattle industry is
41 potentially subject to various state and federal laws designed to protect
42 state natural resources and that the Idaho department of agriculture is in the
43 best position to administer and implement these various laws. It is therefore
44 the intent of the legislature that the administration of this law by the
45 department of agriculture fully meets the goals and requirements of the fed-
46 eral clean water act and state laws designed to further protect state waters
47 and that administration of this act chapter by the department of agriculture
48 shall not be more stringent than or broader in scope than the requirements of
49 the clean water act and applicable state and federal laws. The department
50 shall have authority to administer all laws to protect the quality of water
51 within the confines of a beef cattle animal feeding operation. In carrying out
52 this act chapter the department shall prioritize its resources on operations
53 which have the greatest potential to significantly impact the environment and
9
1 ensure that any requirements imposed under this act chapter upon operators of
2 beef cattle animal feeding operations are cost-effective and economically,
3 environmentally and technologically feasible.
4 (3) Successful implementation of this act chapter is dependent upon the
5 department receiving adequate funding from the legislature and is dependent
6 upon the department executing a memorandum of agreement with the United States
7 environmental protection agency, the division department of environmental
8 quality and the Idaho cattle association which sets forth a working arrange-
9 ment between the agencies to ensure compliance with this act chapter and
10 applicable state and federal laws, including the federal clean water act.
11 Moreover, the legislature recognizes that it is important for the state to
12 obtain a delegated national pollutant discharge elimination system (NPDES)
13 permit program from the EPA under the clean water act.
14 SECTION 8. That Section 22-4903, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 22-4903. AUTHORITY AND DUTIES OF DIRECTOR CONCERNING BEEF CATTLE ANIMAL
17 FEEDING OPERATIONS. The director of the department of agriculture through the
18 division of animal industries is authorized to regulate beef cattle animal
19 feeding operations to protect state natural resources, including surface water
20 and ground water. In order to carry out its duties under this act chapter, the
21 department shall be the responsible state department to prevent any ground
22 water contamination from beef cattle animal feeding operations as provided
23 under section 39-120, Idaho Code. The director shall have the authority to
24 exercise any other authorities delegated by the administrator director of the
25 division department of environmental quality regarding the protection of
26 ground water, surface water and other natural resources associated with con-
27 fined animal feeding operations, and this shall be the authority for the
28 administrator director of the division department of environmental quality to
29 so delegate. The administrator director of the division department of environ-
30 mental quality shall consult with the director of the department of agricul-
31 ture before certifying discharges from beef cattle animal feeding operations
32 as provided under 33 U.S.C. section 1341.
33 SECTION 9. That Section 22-4905, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 22-4905. DESIGN AND CONSTRUCTION. Each new beef cattle animal feeding
36 operation and each modified beef cattle animal feeding operation shall design
37 and construct all new and modified wastewater storage and containment facili-
38 ties in accordance with the engineering standards and specifications provided
39 by the natural resource conservation service or the American society of agri-
40 cultural engineers (ASAE) or other equally protective standard approved by
41 the director. The department's review and approval of plans under this section
42 shall supersede the Idaho department of health and welfare, division of envi-
43 ronmental quality's implementation of plan and specification review and
44 approval provided under section 39-118, Idaho Code. Such design and construc-
45 tion shall be considered a best management practice.
46 SECTION 10. That Section 31-4405, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 31-4405. RULES AND REGULATIONS -- NOTICE OF VIOLATION -- MISDEMEANOR --
49 INJUNCTION. All solid waste disposal systems shall be located, maintained and
10
1 operated according to rules and regulations promulgated and adopted by the
2 state board of health and welfare environmental quality. Every person who vio-
3 lates any of the provisions of this act, or of any order, rule or regulation
4 of the state board of health and welfare environmental quality issued pursuant
5 thereto, where a copy of the order, rule or regulation has been served upon
6 said person by certified mail, and said person fails to comply therewith
7 within the time provided in the order, rule or regulation, or within ten (10)
8 days of such service if not otherwise provided, shall be guilty of a misde-
9 meanor. In the event of a continuing violation, each day that the violation
10 continues constitutes a separate and distinct offense. In addition to the
11 criminal penalties provided by this act, whenever it appears to the state
12 board of health and welfare environmental quality that any person has engaged
13 or is about to engage in any act or practice constituting a violation of any
14 provision of this act or of any rule or regulation promulgated and adopted
15 under the provisions of this act, the board may bring an action in any court
16 of competent jurisdiction to enjoin any such acts or practices and to enforce
17 compliance with this act or any rule or regulation hereunder. Upon a showing
18 that a person has engaged or is about to engage in an act or practice consti-
19 tuting a violation of this act or any rule or regulation hereunder, a perma-
20 nent or temporary injunction, restraining order or writ of mandamus shall be
21 granted. The board of health and welfare environmental quality shall not be
22 required to furnish bond.
23 SECTION 11. That Section 36-1905, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 36-1905. MYRTLE CREEK PRESERVE. There is hereby created within the bound-
26 aries of Boundary County, within the state of Idaho, a wildlife preserve to be
27 known as Myrtle Creek preserve, the boundaries of which are as
28 follows: beginning at the southwest corner of section 23, township 62 north,
29 range 1 west of the Boise meridian; thence north along the west line of sec-
30 tion 23 to the summit of the ridge between Myrtle Creek and Cascade Creek,
31 thence northwesterly along this ridge to Burton Peak, then westerly along the
32 summit of the ridge between Myrtle Creek and Ball Creek to Myrtle Peak, then
33 southerly around the head of Myrtle Creek following the summit of the ridge
34 between Myrtle Creek and Two Mouth Creek, to Harrison Peak, then following the
35 summit of the ridge between Myrtle Creek and Snow Creek in an easterly direc-
36 tion to a point approximately 1 mile east of Kootenai Point where this ridge
37 intersects the east line of section 28, township 62 north, range 1 west of the
38 Boise meridian; thence in a northeasterly direction to the point of beginning.
39 (a) Fishing restricted. In addition to the provisions of section
40 36-1902, of this chapter Idaho Code, it shall be unlawful for any person at
41 any time to fish within the boundaries of the aforesaid Myrtle Creek preserve.
42 Provided that the Idaho fish and game commission may, after receiving concur-
43 rent written approval from the Idaho department of health and welfare environ-
44 mental quality and the Bonners Ferry city council, open certain waters and
45 lands lying within the Myrtle Creek preserve to hunting, fishing or trapping
46 during prescribed seasons. Provided further that any fish eradication treat-
47 ment of waters in the Myrtle Creek preserve by the Idaho department of fish
48 and game shall be undertaken only with the concurrent written permission of
49 the Idaho department of health and welfare environmental quality and the
50 Bonners Ferry city council and under the direct supervision of the Idaho
51 department of health and welfare environmental quality.
52 SECTION 12. That Section 36-2404, Idaho Code, be, and the same is hereby
11
1 amended to read as follows:
2 36-2404. STATE DELISTING MANAGEMENT PLAN REQUIREMENTS. (1) The delisting
3 advisory team shall develop a state management plan for a species in response
4 to all notification of intent to delist the species by the secretary of inte-
5 rior or secretary of commerce or sooner if deemed appropriate. The state man-
6 agement plan shall provide for the management and conservation of the species
7 once it is delisted, and contain sufficient safeguards to protect the health,
8 safety, private property and economic well-being of the citizens of the state
9 of Idaho.
10 (2) The department of fish and game or the department of parks and recre-
11 ation, as appropriate, shall provide the delisting advisory teams, the infor-
12 mational, technical or other needs and requirements of those teams in the per-
13 formance of their duties.
14 (3) In developing state delisting management plans, the delisting advi-
15 sory team shall consult with the appropriate state agencies, commissions and
16 boards. The appropriate state agency for wildlife biological and species man-
17 agement issues is the department of fish and game. The appropriate state
18 agency for plant life biological and species management issues is the depart-
19 ment of parks and recreation. The appropriate state agency for timber harvest
20 activities, oil and gas exploration activities and for mining activities is
21 the department of lands. The appropriate state agencies for agricultural
22 activities are the department of agriculture and the soil conservation commis-
23 sion. The appropriate state agency for public road construction is the trans-
24 portation department. The appropriate state agency for water rights is the
25 department of water resources. The appropriate state agency for water quality
26 is the division department of environmental quality. in the department of
27 health and welfare. The appropriate state agency for outfitting and guiding
28 activities is the Idaho outfitters and guides licensing board.
29 SECTION 13. That the Heading for Chapter 1, Title 39, Idaho Code, be, and
30 the same is hereby amended to read as follows:
31 DEPARTMENT OF ENVIRONMENTAL QUALITY -- HEALTH AND
32 WELFARE
33 SECTION 14. That Section 39-104A, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-104A. AUTHORITY TO MAKE RULES REGULATING LARGE SWINE AND POULTRY FEED-
36 ING OPERATIONS -- FINANCIAL ASSURANCES. (1) The state of Idaho is experiencing
37 the development of large swine and poultry feeding operations which are inade-
38 quately controlled through existing state regulatory mechanisms. If not prop-
39 erly regulated, these facilities pose a threat to the state's surface and
40 ground water resources. Due to existing rulemaking authority, the division
41 department of environmental quality is in the best position of all state agen-
42 cies to modify its present rules and to make new rules to develop an adequate
43 regulatory framework for large swine and poultry feeding operations.
44 (2) The division department of environmental quality is authorized to
45 modify its existing administrative rules and to make new rules regulating
46 large swine and poultry feeding operations, as they shall be defined by the
47 division department. The division department is authorized to work with the
48 Idaho department of agriculture in the development of such rules.
49 (3) Owners and operators of swine and poultry facilities required to
50 obtain a permit from the division department of environmental quality to con-
12
1 struct, operate, expand or close the facilities shall provide financial assur-
2 ances demonstrating financial capability to meet requirements for operation
3 and closure of the facilities and remediation. Requirements for financial
4 assurances shall be determined by the agency as set forth in rule. Financial
5 assurances may include any mechanism or combination of mechanisms meeting the
6 requirements established by agency rule including, but not limited to, surety
7 bonds, trust funds, irrevocable letters of credit, insurance and corporate
8 guarantees. The mechanism(s) used to demonstrate financial capability must be
9 legally valid, binding and enforceable under applicable law and must ensure
10 that the funds necessary to meet the costs of closure and remediation will be
11 available whenever the funds are needed. The director may retain financial
12 assurances for up to five (5) years after closure of a facility to ensure
13 proper closure and remediation, as defined by rule.
14 (4) Nothing in this section prohibits the boards of county commissioners
15 of any county or the governing body of any city from adopting regulations that
16 are more stringent or that require greater financial assurances than those
17 imposed by the division department of environmental quality. A board of county
18 commissioners of a county or a governing body of a city in which a swine or
19 poultry facility is located may choose to determine whether the facility is
20 properly closed according to imposed standards or may leave that determination
21 to the division department. This choice shall be communicated to the director
22 in writing when closure begins; provided that determinations of closure by a
23 board of county commissioners of a county or a governing body of a city in
24 which the swine or poultry facility is located shall not permit closure under
25 less stringent requirements than those imposed by the division department.
26 (5) As used in this section:
27 (a) "Animal unit" means a unit equaling two and one-half (2.5) swine,
28 each weighing over twenty-five (25) kilograms (approximately fifty-five
29 (55) pounds), or ten (10) weaned swine, each weighing under twenty-five
30 (25) kilograms, or one hundred (100) poultry. Total animal units are cal-
31 culated by adding the number of swine weighing over twenty-five (25)
32 kilograms multiplied by four-tenths (.4) plus the number of weaned swine
33 weighing under twenty-five (25) kilograms multiplied by one-tenth (.1)
34 plus the number of poultry multiplied by one one-hundredth (.01).
35 (b) "Facilities" or "facility" means a place, site or location or part
36 thereof where swine or poultry are kept, handled, housed or otherwise
37 maintained and includes, but is not limited to, buildings, lots, pens and
38 animal waste management systems, and which has a one-time animal unit
39 capacity of two thousand (2,000) or more animal units.
40 (c) "Large swine and poultry feeding operations" means swine facilities
41 and poultry facilities having a one-time animal unit capacity of two thou-
42 sand (2,000) or more animal units.
43 (d) "One-time animal unit capacity" means the maximum number of animal
44 units that a facility is capable of housing at any given time.
45 SECTION 15. That Section 39-166, Idaho Code, as added by Section 1, Chap-
46 ter 204, Laws of 1996, be, and the same is hereby amended to read as follows:
47 39-16671. LEGISLATIVE FINDINGS AND PURPOSE. The legislature of the state
48 of Idaho finds that:
49 (1) Wood and mill yard debris is a byproduct of wood processing and manu-
50 facturing; and
51 (2) If properly managed, wood and mill yard debris can be put to uses
52 that have economic and environmental benefits; and
53 (3) There is a need for guidance about how to manage, store, use or dis-
13
1 pose of wood and mill yard debris so that nuisance and adverse environmental
2 impacts are minimized; and
3 (4) This guidance will enable the department and local units of govern-
4 ment to more effectively regulate the use or disposal of wood and mill yard
5 debris.
6 The purpose of this act sections 39-171 through 39-174, Idaho Code, is to
7 provide guidance for the sound use, storage, management and disposal of wood
8 and mill yard debris by requiring the director of the department of health and
9 welfare environmental quality to appoint a committee to study the issues and
10 to gather and disseminate information to persons and entities that deal with
11 wood and mill yard debris.
12 SECTION 16. That Section 39-167, Idaho Code, as added by Section 2, Chap-
13 ter 204, Laws of 1996, be, and the same is hereby amended to read as follows:
14 39-1672. DEFINITIONS. For purposes of this act sections 39-171 through
15 39-174, Idaho Code:
16 (1) "Committee" means the wood and mill yard debris committee.
17 (2) "Director" means the director of the Idaho department of health and
18 welfare environmental quality.
19 (3) "Wood or mill yard debris" means solid wood, bark, or wood fiber gen-
20 erated from the process of manufacturing wood products that may include compo-
21 nents of soil, rock, or moisture, and for which the use, management, storage
22 or final disposition is approved pursuant to this act sections 39-171 through
23 39-174, Idaho Code.
24 SECTION 17. That Section 39-168, Idaho Code, as added by Section 3, Chap-
25 ter 204, Laws of 1996, be, and the same is hereby amended to read as follows:
26 39-16873. COMMITTEE -- MEMBERS -- TERMS. The director shall, in coopera-
27 tion with the appropriate public health districts created pursuant to chapter
28 4, title 39, Idaho Code, appoint a committee to develop guidance on the use,
29 storage, management and disposal of mill yard or wood debris. This committee
30 shall consist of seven (7) individuals and shall include:
31 (1) One (1) representative of the division department of environmental
32 quality, who will provide administrative and other support to the committee.
33 (2) Two (2) representatives of the public health districts which have
34 mill yard or wood debris within their districts.
35 (3) Two (2) representatives from industries generating wood or mill yard
36 debris.
37 (4) Two (2) members with demonstrated technical knowledge important to
38 the work of the committee.
39 Committee members shall be appointed to serve three (3) year terms. No
40 member may serve more than two (2) full terms. Members serve at the pleasure
41 of the director.
42 Members of the committee shall serve without compensation pursuant to sec-
43 tion 59-509(a), Idaho Code.
44 SECTION 18. That Section 39-169, Idaho Code, as added by Section 4, Chap-
45 ter 204, Laws of 1996, be, and the same is hereby amended to read as follows:
46 39-16974. COMMITTEE DUTIES -- MEETINGS. The committee's duties shall
47 include:
48 (1) Developing a manual providing guidance for the use, storage, manage-
49 ment and disposal of wood or mill yard debris to prevent public nuisances and
14
1 minimize or prevent harmful environmental impacts. Guidance provided by the
2 manual may be incorporated or adopted by reference in the rules of the depart-
3 ment or other appropriate state agencies.
4 (2) Considering and developing specific solutions to unforeseen wood or
5 mill yard debris use, storage, management or disposal as needed.
6 (3) Developing and sharing knowledge related to the use, storage, manage-
7 ment and disposal of wood or mill yard debris including ways to constructively
8 use or reclaim the debris.
9 (4) Making recommendations for any necessary permits, rules or legisla-
10 tion related to the use, storage, management or disposal of wood or mill yard
11 debris.
12 The committee shall meet at least two (2) times a year at a time and place
13 most convenient to the majority of members.
14 SECTION 19. That Section 39-3003, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-3003. DEFINITIONS. (1.) "By-productByproduct material" means any
17 radioactive material (except special nuclear material) yielded in or made
18 radioactive by exposure to the radiation incident to the process of producing
19 or utilizing special nuclear material.
20 (2.) "Electronic product" means any manufactured product or device or
21 component part of such a product or device that has an electronic circuit
22 which during operation can generate or emit a physical field of radiation.
23 (3.) (a.) "General license" means a license effective pursuant to regula-
24 tions rules promulgated by the state radiation control agency, without the
25 filing of an application, to transfer, acquire, own, possess, or use quan-
26 tities of, or devices or equipment utilizing, by-product byproduct,
27 source, special nuclear materials, or other radioactive material occurring
28 naturally or produced artificially.
29 (b.) "Specific license" means a license, issued after application to use,
30 manufacture, produce, transfer, receive, acquire, own, or possess quanti-
31 ties of, or devices or equipment utilizing by-product byproduct, source,
32 special nuclear materials, or other radioactive materials occurring natu-
33 rally or produced artificially.
34 (4.) "Person" means any individual, corporation, partnership, firm, asso-
35 ciation, trust, estate, public or private institution, group, agency, politi-
36 cal subdivision of this state, any other state or political subdivision or
37 agency thereof, and any legal successor, representative, agent, or agency of
38 the foregoing, other than the United States atomic energy commission, or any
39 successor thereto.
40 (5.) "Source material" means: (a) uranium, thorium, or any other material
41 which the governor declares by order to be source material after the United
42 States atomic energy commission, or any successor thereto, has determined the
43 material to be such; or (b) ores containing one (1) or more of the foregoing
44 materials, in such concentration as the governor declares by order to be
45 source material after the United States atomic energy commission, or any suc-
46 cessor thereto, has determined the material in such concentration to be source
47 material.
48 (6.) "Special nuclear material" means: (a) plutonium, uranium 233, ura-
49 nium enriched in the isotope 233 or in the isotope 235, and any other material
50 which the governor declares by order to be special nuclear material after the
51 United States atomic energy commission, or any successor thereto, has deter-
52 mined the material to be such, but does not include source material; or (b)
53 any material artificially enriched by any of the foregoing, but does not
15
1 include source material.
2 (7.) "Registration" means registration with the state board of health and
3 welfare environmental quality by any person possessing a source of radiation
4 in accordance with rules, regulations and standards adopted by the state board
5 of health and welfare environmental quality.
6 (8.) "Radiation" means:
7 (a.) Ionizing radiation including gamma rays, X-rays, alpha and beta par-
8 ticles, and other atomic or nuclear particles or rays.
9 (b.) Any electromagnetic radiation which can be generated during the
10 operation of electronic products.
11 (c.) Any sonic, ultrasonic, or infrasonic waves which are emitted from an
12 electronic product as a result of the operation of an electronic circuit
13 in such product.
14 (9.) "Radiation source" means any type of device or substance which is
15 capable of producing or emitting radiation.
16 SECTION 20. That Section 39-3005, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-3005. STATE RADIATION CONTROL AGENCY. (1.) The state department of
19 health and welfare environmental quality is designated as the state radiation
20 control agency, hereinafter referred to as the agency, and shall be the state
21 agency having sole responsibility for administration of the regulatory,
22 licensing and radiation control provisions of this chapter.
23 (2.) The director of the department of health and welfare environmental
24 quality shall be administrator of the agency, hereinafter referred to as the
25 director, who shall perform the functions vested in the agency pursuant to the
26 provisions of this chapter.
27 (3.) The director shall appoint a state radiation control officer, and in
28 accordance with the laws of the state, fix his compensation and prescribe his
29 powers and duties. Such officer shall be competent to evaluate radiation
30 health hazards associated with the many uses of radioactive material and other
31 sources of radiation. He shall at least have a baccalaureate degree, be
32 trained in the physical and/or life sciences, and shall have had experience in
33 health physics.
34 (4.) In accordance with the laws of the state, the director may appoint,
35 fix the compensation, and prescribe the powers and duties of such other indi-
36 viduals, including consultants, advisory councils, emergency teams and commit-
37 tees as may be necessary to carry out the provisions of this act. The person-
38 nel engaged in field activities of evaluation and inspection shall at least
39 have a baccalaureate degree in the physical and/or life sciences, or the
40 equivalent, and be trained in health physics.
41 (5.) The agency shall for the protection of the occupational and public
42 health and safety:
43 (a.) Develop programs for evaluation of hazards associated with use of
44 radiation;
45 (b.) Develop programs with due regard for compatibility with federal pro-
46 grams for regulation of by-product byproduct, source, and special nuclear
47 materials;
48 (c.) Formulate, and with the advice of the nuclear energy commission,
49 recommend that the board of health and welfare environmental quality
50 adopt, promulgate, and repeal codes, rules, regulations and standards
51 relating to control of sources of radiation;
52 (d.) Advise, consult, and cooperate with other agencies of the state, and
53 federal government, other states and interstate agencies, political subdi-
16
1 visions, and with groups concerned with control of sources of radiation;
2 (e.) Encourage, participate in, or conduct studies, investigations,
3 training, research, and demonstrations relating to control of sources of
4 radiation;
5 (f.) Collect and disseminate information relating to control of sources
6 of radiation; including:
7 (1i) Maintenance of a file of all license applications, issuances,
8 denials, amendments, transfers, renewals, modifications, suspensions,
9 and revocations;
10 (2ii) Maintenance of a file of registrants possessing sources of
11 radiation requiring registration under the provisions of this act and
12 any administrative or judicial action pertaining thereto; and
13 (3iii) Maintenance of a file of all rules and regulations relating to
14 regulations of sources of radiation, pending or promulgated, and pro-
15 ceedings thereon.
16 (g.) Have the authority to accept and administer loans, grants, or other
17 funds or gifts, conditional or otherwise, in furtherance of its functions
18 from the federal government and from other sources, public or private.
19 (h.) Submit an annual report to the governor and to the legislature con-
20 cerning the control of sources of radiation and atomic energy.
21 (i.) Issue subpoenas in order to compel the attendance of necessary wit-
22 nesses and/or the production of records and documents.
23 SECTION 21. That Section 39-3006, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 39-3006. RULES AND REGULATIONS -- LICENSING REQUIREMENTS AND PROCEDURE --
26 REGISTRATION OF SOURCES OF RADIATION -- EXEMPTIONS FROM REGISTRATION OR
27 LICENSING. (1.) The board of health and welfare environmental quality shall
28 provide by rule or regulation for general or specific licensing of by-product
29 byproduct, source, special nuclear materials, or devices or equipment utiliz-
30 ing such materials, or other radioactive material occurring naturally or pro-
31 duced artificially. Such rule or regulation shall provide for amendment, sus-
32 pension, or revocation of licenses. Such rule or regulation shall provide
33 that:
34 (a.) Each application for a specific license shall be in writing and
35 shall state such information as the board, by rule, or regulation, may
36 determine to be necessary to decide the technical, insurance, and finan-
37 cial qualifications, or any other qualification of the applicant as the
38 agency may deem reasonable and necessary to protect the occupational and
39 public health and safety. The agency may at any time after the filing of
40 the application, and before the expiration of the license, require further
41 written statements and shall make such inspections as the agency deems
42 necessary in order to determine whether the license should be granted or
43 denied or whether the license should be modified, suspended, or revoked.
44 In no event shall the agency grant a specific license to any applicant who
45 has never possessed a specific license issued by a recognized state or
46 federal authority until the agency has conducted an inspection or review
47 which insures that the applicant can meet the rules, regulations and stan-
48 dards adopted pursuant to this act. All applications and statements shall
49 be signed by the applicant or licensee. The agency may require any appli-
50 cations or statements to be made under oath or affirmation;
51 (b.) Each license shall be in such form and contain such terms and condi-
52 tions as the Bboard may by rule or regulation prescribe;
53 (c.) No license issued under the authority of this act and no right to
17
1 process or utilize sources of radiation granted by any license shall be
2 assigned or in any manner disposed of; and
3 (d.) The terms and conditions of all licenses shall be subject to amend-
4 ment, revision, or modification by rules, regulations or orders issued in
5 accordance with the provisions of this act.
6 (2.) The board of health and welfare environmental quality may require
7 licensing of those persons installing or repairing sources of radiation which
8 the board has determined to present a potential hazard to the occupational and
9 public health and safety. Such licensing requirements shall provide that:
10 (a.) Each application for a license shall be in writing and shall state
11 such information as the board, by rule, or regulation, may determine to be
12 necessary to decide the technical, insurance, and financial qualifica-
13 tions, or any other qualification of the applicant as the agency may deem
14 reasonable and necessary. The agency may at any time after the filing of
15 the application, and before the expiration of the license, require further
16 written statements and shall make such inspections as the agency deems
17 necessary in order to determine whether the license should be granted or
18 denied or whether the license should be modified, suspended, or revoked.
19 All applications and statements shall be signed by the applicant or licen-
20 see. The agency may require any applications or statements to be made
21 under oath or affirmation;
22 (b.) Each license shall be in such form and contain such terms and condi-
23 tions as the board of health and welfare environmental quality may by rule
24 or regulation prescribe;
25 (c.) No license issued under the authority of this act and no right to
26 possess or utilize sources of radiation granted by any license shall be
27 assigned or in any manner disposed of; and
28 (d.) The terms and conditions of all licenses shall be subject to amend-
29 ment, revision, or modification by rules, regulations or orders issued in
30 accordance with the provisions of this act.
31 (3.) The board of health and welfare environmental quality may require
32 registration of all sources of ionizing radiation and other sources of radia-
33 tion which the agency has determined to present a potential hazard to the
34 occupational and public health and safety.
35 (4.) The board of health and welfare environmental quality may exempt
36 certain sources of ionizing radiation or kinds of uses or users from the reg-
37 istration or licensing requirements set forth in this section when the agency
38 makes a finding, with advice of the nuclear energy commission, that the exemp-
39 tion of such sources of ionizing radiation or kinds of uses or users will not
40 constitute a significant risk to the health and safety of the public.
41 (5.) In promulgating rules and regulations pursuant to this act the board
42 of health and welfare environmental quality shall, insofar as practical,
43 strive to avoid requiring dual licensing, and shall provide for such recogni-
44 tion of other state or federal licenses as the agency shall deem desirable,
45 subject to such registration requirements as the board of health and welfare
46 environmental quality may prescribe.
47 SECTION 22. That Section 39-3007, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-3007. INSPECTION. The agency or its duly authorized representative
50 shall have the power to enter at all reasonable times upon any private or pub-
51 lic property for the purpose of determining whether or not there is compliance
52 with or violation of the provisions of this act and rules and regulations
53 issued thereunder, except that entry into areas under the exclusive jurisdic-
18
1 tion of the federal government, or security areas under the direct or indirect
2 jurisdiction of the federal government, shall be effected only with the con-
3 currence of the federal government or its duly designated representative.
4 SECTION 23. That Section 39-3008, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-3008. RECORDS. (1.) The agency shall require each person who possesses
7 or uses a source of radiation to maintain necessary records relating to its
8 receipt, use, storage, transfer, or disposal and such other records as the
9 agency may require which will permit the determination of the extent of occu-
10 pational and public exposure from the radiation source. Copies of these
11 records shall be submitted to the agency on request. These requirements are
12 subject to such exemptions as may be provided by rules.
13 (2.) The agency may by rule and regulation establish standards requiring
14 that personnel monitoring be provided for any employee potentially exposed to
15 radiation and may provide for the reporting to any employee of his radiation
16 exposure record.
17 SECTION 24. That Section 39-3011, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-3011. ADMINISTRATIVE PROCEDURE. In any proceeding under this act for
20 the issuance or modification or repeal of rules and regulations relating to
21 control of sources of radiation, the agency shall comply with the requirements
22 of chapter 52, of title 67, Idaho Code.
23 Notwithstanding any other provision of this act, whenever the agency finds
24 that an emergency exists requiring immediate action to protect the public
25 health, safety, or general welfare, the agency may, without notice or hearing,
26 issue a regulation rule or order reciting the existence of such emergency and
27 require that such action be taken as is necessary to meet the emergency. Such
28 regulations rules or orders shall be effective immediately.
29 SECTION 25. That Section 39-3012, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 39-3012. INJUNCTION PROCEEDINGS. Notwithstanding the existence or use of
32 any other remedy, whenever any person has engaged in, or is about to engage
33 in, any acts or practices which constitute or will constitute a violation of
34 any provision of this act, or any rule, regulation, or order issued thereun-
35 der, the attorney general upon the request of the agency, after notice to such
36 person and opportunity to comply, may make application to the appropriate
37 court for an order enjoining such acts or practices, or for an order directing
38 compliance, and upon a showing by the agency that such person has engaged in,
39 or is about to engage in, any such acts or practices, a permanent or temporary
40 injunction, restraining order, or other order may be granted.
41 SECTION 26. That Section 39-3017, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-3017. PENALTIES. Any person who violates any of the provisions of this
44 act or rules, regulations, or orders in effect pursuant thereto shall be
45 guilty of a misdemeanor.
46 SECTION 27. That Section 39-3018, Idaho Code, be, and the same is hereby
19
1 amended to read as follows:
2 39-3018. CONDUCT OF STUDIES CONCERNING NUCLEAR ENERGY DEVELOPMENT. Each
3 of the several departments and agencies of this state, including specifically
4 the state department of health and welfare environmental quality, the state
5 department of labor and industrial services, the state industrial commission,
6 and the division of tourism and industrial development department of commerce
7 in the office of the governor, is directed:
8 (1.) To initiate and to pursue continuing studies as may be requested
9 from time to time by the nuclear energy commission relative to the need for
10 changes in the laws, regulations and programs administered by it so as to fur-
11 ther the development of the peaceful and productive uses of nuclear energy in
12 this state, and to make such recommendations, on the basis of such studies,
13 for the enactment of laws or amendments to law administered by it, and such
14 proposals for amendments to the regulations issued by it, as may appear neces-
15 sary and appropriate.
16 (2.) To otherwise cooperate with the nuclear energy commission, the
17 office of nuclear energy development, and the state radiation control agency
18 in the performance of their duties as set out in this act.
19 SECTION 28. That Section 39-3019, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-3019. EXISTING REGULATIONS RULES REMAIN IN EFFECT. The rules and regu-
22 lations and minimum standards for radiation protection in the state of Idaho
23 adopted by the state board of health and welfare environmental quality and in
24 effect on the effective date of this act may be continued in full force and
25 effect notwithstanding the other provisions of this act unless and until
26 superseded or replaced by rules and regulations adopted and promulgated pursu-
27 ant to the provisions of this act.
28 SECTION 29. That Section 39-3026, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-3026. IMPLEMENTATION OF ARTICLE III. The state department of health
31 and welfare environmental quality, as the designated state radiation control
32 agency, shall adopt the practices and may impose the fees authorized under
33 article III of the compact, except that the Idaho state police and the public
34 utilities commission shall retain their existing enforcement and inspection
35 authority relating to carriers. The board of health and welfare environmental
36 quality shall adopt such rules and regulations as may be necessary to enable
37 the department of health and welfare environmental quality to carry out the
38 provisions of this section.
39 SECTION 30. That Section 39-3601, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 39-3601. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. The
42 legislature, recognizing that surface water is one of the state's most valu-
43 able natural resources, has approved the adoption of water quality standards
44 and authorized the administrator director of the division department of envi-
45 ronmental quality of the department of health and welfare in accordance with
46 the provisions of this chapter, to implement these standards. In order to
47 maintain and achieve existing and designated beneficial uses and to conform to
48 the expressed intent of congress to control pollution of streams, lakes and
20
1 other surface waters, the legislature declares that it is the purpose of this
2 act chapter to enhance and preserve the quality and value of the surface water
3 resources of the state of Idaho, and to define the responsibilities of public
4 agencies in the control, and monitoring of water pollution, and, through
5 implementation of this act chapter, enhance the state's economic well-being.
6 In consequence of the benefits resulting to the public health, welfare and
7 economy, it is hereby declared to be the policy of the state of Idaho to pro-
8 tect this natural resource by monitoring and controlling water pollution; to
9 support and aid technical and planning research leading to the control of
10 water pollution, and to provide financial and technical assistance to munici-
11 palities, soil conservation districts and other agencies in the control of
12 water pollution. The director, in cooperation with such other agencies as may
13 be appropriate, shall administer this act chapter. It is the intent of the
14 legislature that the state of Idaho fully meet the goals and requirements of
15 the federal clean water act and that the rules promulgated under this act
16 chapter not impose requirements beyond those of the federal clean water act.
17 SECTION 31. That Section 39-3602, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-3602. DEFINITIONS. Whenever used or referred to in this act chapter,
20 unless a different meaning clearly appears from the context, the following
21 terms shall have the following meanings:
22 (1) "Applicable water quality standard" means those water quality stan-
23 dards identified in the rules of the department.
24 (2) "Best management practice" means practices, techniques or measures
25 developed, or identified, by the designated agency and identified in the state
26 water quality management plan which are determined to be a cost-effective and
27 practicable means of preventing or reducing pollutants generated from nonpoint
28 sources to a level compatible with water quality goals.
29 (3) "Board" means the board of health and welfare environmental quality.
30 (4) "Department" means the department of health and welfare environmental
31 quality.
32 (5) "Designated agency" means the department of lands for timber harvest
33 activities, for oil and gas exploration and development and for mining activi-
34 ties; the soil conservation commission for grazing activities and for agricul-
35 tural activities; the transportation department for public road construction;
36 the department of agriculture for aquaculture; and the department of health
37 and welfare's division of environmental quality for all other activities.
38 (6) "Designated use or designated beneficial use" means those uses
39 assigned to waters as identified in the rules of the department whether or not
40 the uses are being attained. The department may adopt subcategories of a use.
41 (7) "Director" means the director of the department of health and welfare
42 environmental quality, or his or her designee.
43 (8) "Discharge" means any spilling, leaking, emitting, escaping, leach-
44 ing, or disposing of a pollutant into the waters of the state. For the pur-
45 poses of this chapter, discharge shall not include surface water runoff from
46 nonpoint sources or natural soil disturbing events.
47 (9) "Existing use" means those surface water uses actually attained on or
48 after November 28, 1975, whether or not they are designated uses. Existing
49 uses may form the basis for subcategories of designated uses.
50 (10) "Full protection, full support, or full maintenance of designated
51 beneficial uses of water" means compliance with those levels of water quality
52 criteria listed in the appropriate rules of the department, or where there is
53 no applicable numerical criteria, compliance with the reference streams or
21
1 conditions approved by the director in consultation with the appropriate basin
2 advisory group.
3 (11) "Lower water quality" means a measurable adverse change in a chemi-
4 cal, physical, or biological parameter of water relevant to a designated bene-
5 ficial use, and which can be expressed numerically. Measurable adverse change
6 is determined by a statistically significant difference between sample means
7 using standard methods for analysis and statistical interpretation appropriate
8 to the parameter. Statistical significance is defined as the ninety-five per-
9 cent (95%) confidence limit when significance is not otherwise defined for the
10 parameter in standard methods or practices.
11 (12) "National pollutant discharge elimination system (NPDES)" means the
12 point source permitting program established pursuant to section 402 of the
13 federal clean water act.
14 (13) "New nonpoint source activity" means a new nonpoint source activity
15 or a substantially modified existing nonpoint source activity on or adversely
16 affecting an outstanding resource water which includes, but is not limited to,
17 new silvicultural activities, new mining activities and substantial modifica-
18 tions to an existing mining permit or approved plan, new recreational activi-
19 ties and substantial modifications to existing recreational activities, new
20 residential or commercial development that includes soil disturbing activi-
21 ties, new grazing activities and substantial modifications to existing grazing
22 activities, except that reissuance of existing grazing permits, or grazing
23 activities and practices authorized under an existing permit, is not consid-
24 ered a new activity. It does not include naturally occurring events such as
25 floods, landslides, and wildfire including prescribed natural fire.
26 (14) "Nonpoint source activities" includes grazing, crop production, sil-
27 viculture, log storage or rafting, construction, mining, recreation, septic
28 systems, runoff from storms and other weather related events and other activi-
29 ties not subject to regulation under the federal national pollutant discharge
30 elimination system. Nonpoint source activities on waters designated as out-
31 standing resource waters do not include issuance of water rights permits or
32 licenses, allocation of water rights, operation of diversions, or impound-
33 ments.
34 (15) "Nonpoint source runoff" means water which may carry pollutants from
35 nonpoint source activities into the waters of the state.
36 (16) "Outstanding resource water" means a high quality water, such as
37 water of national and state parks and wildlife refuges and water of excep-
38 tional recreational or ecological significance, which has been so designated
39 by the legislature. It constitutes an outstanding national or state resource
40 that requires protection from point source and nonpoint source activities that
41 may lower water quality.
42 (17) "Person" means any individual, association, partnership, firm, joint
43 stock company, joint venture, trust, estate, political subdivision, public or
44 private corporation, state or federal governmental department, agency or
45 instrumentality, or any legal entity, which is recognized by law as the sub-
46 ject of rights and duties.
47 (18) "Point source" means any discernible, confined, and discrete convey-
48 ance including, but not limited to, any pipe, ditch, channel, tunnel, conduit,
49 well, discrete fissure, container, rolling stock, concentrated animal feeding
50 operation, or vessel or other floating craft, from which pollutants are, or
51 may be, discharged. This term does not include return flows from irrigated
52 agriculture, discharges from dams and hydroelectric generating facilities or
53 any source or activity considered a nonpoint source by definition.
54 (19) "Pollutant" means dredged spoil, solid waste, incinerator residue,
55 sewage, garbage, sewage sludge, munitions, chemical waste, biological mate-
22
1 rials, radioactive materials, heat, wrecked or discarded equipment, rock,
2 sand, silt, cellar dirt; and industrial, municipal and agricultural waste,
3 gases entrained in water; or other materials which, when discharged or
4 released to water in excessive quantities cause or contribute to water pollu-
5 tion. Provided however, biological materials shall not include live or occa-
6 sional dead fish that may accidentally escape into the waters of the state
7 from aquaculture facilities.
8 (20) "Reference stream or condition" means one (1) of the following:
9 (a) The minimum biological, physical and chemical conditions necessary to
10 fully support the designated beneficial uses; or
11 (b) A water body representing natural conditions with few impacts from
12 human activities and which are representative of the highest level of sup-
13 port attainable in the basin; or
14 (c) A water body representing minimum conditions necessary to fully sup-
15 port the designated beneficial uses.
16 In highly mineralized areas or in the absence of such reference streams or
17 water bodies, the director, in consultation with the basin advisory group and
18 the technical advisers to it, may define appropriate hypothetical reference
19 conditions or may use monitoring data specific to the site in question to
20 determine conditions in which the beneficial uses are fully supported.
21 (21) "Short-term or temporary activity" means an activity which is limited
22 in scope and is expected to have only minimal impact on water quality as
23 determined by the director. Short-term or temporary activities include, but
24 are not limited to, maintenance of existing structures, limited road and trail
25 reconstruction, soil stabilization measures, and habitat enhancement struc-
26 tures.
27 (22) "Silviculture" means those activities associated with the
28 regeneration, growing and harvesting of trees and timber including, but not
29 limited to, disposal of logging slash, preparing sites for new stands of trees
30 to be either planted or allowed to regenerate through natural means, road con-
31 struction and road maintenance, drainage of surface water which inhibits tree
32 growth or logging operations, fertilization, application of herbicides or pes-
33 ticides, all logging operations, and all forest management techniques employed
34 to enhance the growth of stands of trees or timber.
35 (23) "Soil conservation commission" means an agency of state government as
36 created in section 22-2718, Idaho Code.
37 (24) "Soil conservation district" means an entity of state government as
38 defined in section 22-2717, Idaho Code.
39 (25) "State" means the state of Idaho.
40 (26) "State water quality management plan" means the state management plan
41 developed and updated by the department in accordance with sections 205, 208,
42 and 303 of the federal clean water act.
43 (27) "Total maximum daily load (TMDL)" means a plan for a water body not
44 fully supporting designated beneficial uses and includes the sum of the indi-
45 vidual wasteload allocations for point sources, load allocations for nonpoint
46 sources, and natural background levels of the pollutant impacting the water
47 body. Pollutant allocations established through TMDLs shall be at a level nec-
48 essary to implement the applicable water quality standards for the identified
49 pollutants with seasonal variations and a margin of safety to account for
50 uncertainty concerning the relationship between the pollutant loading and
51 water quality standards.
52 (28) "Waters or water body" means all the accumulations of surface water,
53 natural and artificial, public and private, or parts thereof which are wholly
54 or partially within, flow through or border upon this state. For the purposes
55 of this chapter, water bodies shall not include municipal or industrial waste-
23
1 water treatment or storage structures or private reservoirs, the operation of
2 which has no effect on waters of the state.
3 (29) "Water pollution" is such alteration of the thermal, chemical, bio-
4 logical or radioactive properties of any waters of the state, or such dis-
5 charge or release of any contaminant into the waters of the state as will or
6 is likely to create a nuisance or render such waters harmful or detrimental or
7 injurious to public health, safety or welfare or to domestic, commercial,
8 industrial, recreational, aesthetic or other legitimate uses or to livestock,
9 wild animals, birds, fish or other aquatic life.
10 (30) "Watersheds" means the land area from which water flows into a stream
11 or other body of water which drains the area. For the purposes of this chap-
12 ter, the area of watersheds shall be recommended by the basin advisory group
13 described in section 39-3613, Idaho Code.
14 SECTION 32. That Section 39-3613, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-3613. CREATION OF BASIN ADVISORY GROUPS. (1) The director, in consul-
17 tation with the designated agencies, shall name, for each of the state's major
18 river basins, no less than one (1) basin advisory group which shall generally
19 advise the director on water quality objectives for each basin and work in a
20 cooperative manner with the director to achieve these objectives. Each such
21 group shall establish by majority vote, operating procedures to guide the work
22 of the group. Members shall be compensated pursuant to section 59-509(c),
23 Idaho Code. The membership of each basin advisory group shall be representa-
24 tive of the industries and interests directly affected by the implementation
25 of water quality programs within the basin and each member of the group shall
26 either reside within the basin or represent persons with a real property
27 interest within the basin. Recognized groups representing those industries or
28 interests in the basin may nominate members of the group to the director. Each
29 basin advisory group named by the director shall reflect a balanced represen-
30 tation of the interests in the basin and shall, where appropriate, include a
31 representative from each of the following: agriculture, mining, nonmunicipal
32 point source discharge permittees, forest products, local government, live-
33 stock, Indian tribes (for areas within reservation boundaries), water-based
34 recreation, and environmental interests. In addition, the director shall name
35 one (1) person to represent the public at large who may reside outside the
36 basin. Members named to the basin advisory groups shall, in the opinion of
37 the director, have demonstrated interest or expertise which will be of benefit
38 to the work of the basin advisory group. The director may also name as may be
39 needed those who have expertise necessary to assist in the work of the basin
40 advisory group who shall serve as technical nonvoting advisers to the basin
41 advisory group.
42 (2) The governor shall establish a commission to be known as the Coeur
43 d'Alene River basin commission whose membership is stated below for the Coeur
44 d'Alene River basin, including the north and south forks of the Coeur d' Alene
45 River, the main stem of the Coeur d'Alene River, Lake Coeur d'Alene and the
46 Spokane River to replace and fulfill the duties of the basin advisory group
47 and the watershed advisory group for those rivers and Lake Coeur d'Alene as
48 stated in this section and sections 39-3614 through 39-3616, Idaho Code, as
49 these duties related to heavy metal impacts in the Coeur d'Alene River basin.
50 At the discretion of the governor, the commission may be asked to perform
51 duties other than those specified in sections 39-3613 through 39-3616, Idaho
52 Code. For duties related to sections 39-3613 through 39-3616, Idaho Code, the
53 commission shall report to the director. For all other duties assigned the
24
1 commission by the governor, the commission shall report to the governor, the
2 speaker of the house of representatives and the president pro tempore of the
3 senate. The governor shall appoint the following members of the commission:
4 one (1) representative of the governor; one (1) representative of the division
5 department of environmental quality; of the department of health and welfare;
6 one (1) representative of the department of lands; one (1) representative each
7 of the county governments of Benewah county, Kootenai county and Shoshone
8 county; one (1) representative of the trustees established under the settle-
9 ment agreement of May 3, 1986, entered in State of Idaho v. Bunker Hill Co.,
10 No. 83-3161 (D. Idaho); two (2) representatives of the citizen's advisory com-
11 mittee of the Coeur d'Alene basin restoration project; one (1) representative
12 of the mining industry; and one (1) representative of other affected indus-
13 tries.
14 In addition to the governor's appointees, the commission shall have the
15 following representatives appointed: one (1) representative of the U.S. envi-
16 ronmental protection agency appointed by the agency; one (1) representative of
17 the U.S. department of agriculture and the U.S. department of interior to be
18 appointed jointly by those agencies; and one (1) representative of the Coeur
19 d'Alene tribe appointed by the tribe. The term of a member of the commission
20 shall be three (3) years. The governor may remove at his discretion any mem-
21 bers appointed by him. The commission shall operate by a simple majority vote
22 of the members of the commission. The members of the commission shall elect a
23 chairperson annually from the members of the commission. Members of the com-
24 mission who are not state employees shall be compensated as provided in sec-
25 tion 59-509(b), Idaho Code, if they are not otherwise being compensated for
26 travel costs and per diem for serving on the commission.
27 SECTION 33. That Section 39-3617, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-3617. DESIGNATION OF OUTSTANDING RESOURCE WATERS. Any person may
30 request, in writing to the board of health and welfare environmental quality,
31 that a stream segment may be considered for designation as an outstanding
32 resource water. The board shall recommend to the legislature those stream seg-
33 ments the board proposes for designation as outstanding resource waters. The
34 legislature shall determine by law which such stream segments to designate as
35 outstanding resource waters. Stream segments so designated shall be included
36 in a list of outstanding resource waters to be compiled and updated by the
37 department of health and welfare environmental quality in its rules governing
38 water quality standards. Interim status or special protection shall not be
39 provided to streams recommended by the board prior to legislative designation
40 as an outstanding resource water. No state agency shall delay actions, or deny
41 or delay the processing or approval of any permit for a nonpoint source activ-
42 ity based on nomination of a segment for designation as an outstanding
43 resource water, or while the legislature is considering such designation.
44 SECTION 34. That Section 39-3620, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 39-3620. APPROVAL PROVISIONS FOR BEST MANAGEMENT PRACTICES FOR NEW
47 NONPOINT SOURCE ACTIVITIES ON OR AFFECTING OUTSTANDING RESOURCE WATERS. No
48 person may conduct a new nonpoint source activity on or affecting an outstand-
49 ing resource water, except for a short-term or temporary activity as set forth
50 in section 39-3602, Idaho Code, prior to approval by the designated agency as
51 provided in this section.
25
1 (1) Within six (6) months of designation of an outstanding resource water
2 by the legislature, the designated agency shall develop best management prac-
3 tices for reasonably foreseeable new nonpoint source activities. In developing
4 best management practices the designated agencies shall:
5 (a) Solicit technical advice from state and federal agencies, research
6 institutions, and universities and consult with affected landowners, land
7 managers, operators, and the public; and
8 (b) Shall assure that all public participation processes required by law
9 have been completed, but if no public participation process is required by
10 law, will require public notification and the opportunity to comment; and
11 (c) Recommend proposed best management practices to the board of health
12 and welfare environmental quality.
13 (2) The board of health and welfare environmental quality and designated
14 agencies shall adopt the proposed best management practices that are in com-
15 pliance with the rules and regulations governing water quality standards, and
16 based on the recommendations of the designated agency and the comments
17 received during the public participation process;
18 (3) After adoption, these best management practices will be known as the
19 outstanding resource water best management practices and will be published by
20 the designated agency. Outstanding resource water approved best management
21 practices will be reviewed and revised where needed by the designated agency
22 every four (4) years in consultation with the department, landowners, federal
23 managers, operators and the public to determine conformance with objectives of
24 this act chapter;
25 (4) Following adoption of best management practices, the designated
26 agency shall require implementation of applicable outstanding resource water
27 best management practices which will assure that water quality of an outstand-
28 ing resource water is not lowered;
29 (5) Where outstanding resource water best management practices have not
30 been adopted as set forth in subsections (1) through (4) of this section, the
31 designated agency shall:
32 (a) Assure that all public participation processes required by law have
33 been completed, but if no public participation process is required by law,
34 the designated agency shall provide for public notification of the new
35 activity and the opportunity to comment;
36 (b) Determine that the site-specific best management practices selected
37 for a new nonpoint source activity are designed to ensure that water qual-
38 ity of the outstanding resource water is not lowered; and
39 (c) Provide for review by the department that the activity is in compli-
40 ance with rules and regulations governing water quality standards.
41 (6) When the applicable outstanding resource water best management prac-
42 tices are applied, the landowner, land manager, or operator applying those
43 practices will be in compliance with the provisions of this act chapter. In
44 the event water quality is lowered, the outstanding resource water best man-
45 agement practices will be revised within a time frame established by the des-
46 ignated agency to ensure water quality is restored.
47 SECTION 35. That Section 39-3624, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-3624. DECLARATION OF POLICY -- DESIGNATION OF DIRECTOR. The legisla-
50 ture, recognizing that water is one (1) of the state's most valuable natural
51 resources, has adopted water quality and public drinking water standards and
52 authorized the director of the department of health and welfare environmental
53 quality to implement these standards. In order to provide and maintain maxi-
26
1 mum water quality in the state for domestic, industrial, agricultural
2 (irrigation and stockwatering), mining, manufacturing, electric power genera-
3 tion, municipal, fish culture, artificial ground water recharge, transporta-
4 tion and recreational purposes and to provide safe drinking water to the pub-
5 lic at the earliest possible date, and to conform to the expressed intent of
6 congress to abate pollution of ground waters, streams and lakes and to provide
7 safe drinking water to the public, the legislature declares the purpose of
8 this act chapter is to enhance and preserve the quality and value of the water
9 resources of the state of Idaho and to assist in the prevention, control,
10 abatement and monitoring of water pollution. In consequence of the benefits
11 resulting to the public health, welfare and economy it is hereby declared to
12 be the policy of the state of Idaho to protect this natural resource and to
13 provide safe drinking water to the public by assisting in monitoring, prevent-
14 ing and controlling water pollution; to support and aid technical and planning
15 research leading to the prevention and control of water pollution; to provide
16 financial and technical assistance to municipalities and other agencies in the
17 abatement and prevention of water pollution; and to provide financial and
18 technical assistance to community water systems and nonprofit noncommunity
19 water systems. The director of the department of health and welfare environ-
20 mental quality shall administer this act chapter and nothing herein shall be
21 construed as impairing or in any manner affecting the statutory authority or
22 jurisdiction of municipalities in providing domestic water, sewage collection
23 and treatment.
24 SECTION 36. That Section 39-3625, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-3625. DEFINITIONS. (1) "Sewage treatment works" means any facility for
27 the purpose of collecting, treating, neutralizing or stabilizing sewage or
28 industrial wastes of a liquid nature, including treatment by disposal plants,
29 the necessary intercepting, outfall and outlet sewers, pumping stations inte-
30 gral to such plants or sewers, equipment and furnishings thereof and their
31 appurtenances.
32 (2) "Community water system" means a public drinking water system that
33 serves at least fifteen (15) service connections used by year-round residents
34 or serves at least twenty-five (25) year-round residents.
35 (3) "Nonprofit noncommunity water system" means a public drinking water
36 system that is not a community water system and is governed by section 501 of
37 the Internal Revenue Code and includes, but is not limited to: state agencies,
38 municipalities and nonprofit organizations such as churches and schools.
39 (4) "Construction" means the erection, building, acquisition, alteration,
40 reconstruction, improvement or extension of sewage treatment works or best
41 management practices, preliminary planning to determine the economic and engi-
42 neering feasibility of sewage treatment works, community public water systems,
43 nonprofit noncommunity public water systems or best management practices, the
44 engineering, architectural, legal, fiscal and economic investigations, reports
45 and studies, surveys, designs, plans, working drawings, specifications, proce-
46 dures, and other action necessary in the construction of sewage treatment
47 works, community public water systems, nonprofit noncommunity public water
48 systems or best management practices, and the inspection and supervision of
49 the construction of sewage treatment works, community public water systems,
50 nonprofit noncommunity public water systems or best management practices.
51 (5) "Eligible construction project" means a project for construction of
52 sewage treatment works, community public water systems, nonprofit noncommunity
53 public water systems or for a project for the application of best management
27
1 practices as set forth in the approved state water quality plan, in related
2 project areas:
3 (a) For which approval of the Idaho board of health and welfare environ-
4 mental quality is required under section 39-118, Idaho Code;
5 (b) Which is, in the judgment of the Idaho board of health and welfare
6 environmental quality, eligible for water pollution abatement assistance
7 or for provision of safe drinking water, whether or not federal funds are
8 then available therefor;
9 (c) Which conforms with applicable rules of the Idaho board of health and
10 welfare environmental quality;
11 (d) Which is, in the judgment of the Idaho board of health and welfare
12 environmental quality, necessary for the accomplishment of the state's
13 policy of water purity as stated in section 39-3601, Idaho Code; and
14 (e) Which is needed, in the judgment of the Idaho board of health and
15 welfare environmental quality, to correct existing water pollution prob-
16 lems or public health hazards and to provide reasonable reserve capacity
17 to prevent future water pollution problems or public health hazards or to
18 provide for safe drinking water.
19 (6) "Municipality" means any county, city, special service district, non-
20 profit corporation or other governmental entity having authority to dispose of
21 sewage, industrial wastes, or other wastes, or to provide for safe drinking
22 water, any Indian tribe or authorized Indian tribal organization, or any com-
23 bination of two (2) or more of the foregoing acting jointly, in connection
24 with an eligible project.
25 (7) "Board" means the Idaho board of health and welfare environmental
26 quality.
27 (8) "Department" means the Idaho department of health and welfare envi-
28 ronmental quality.
29 (9) "Director" means the director of the Idaho department of health and
30 welfare environmental quality.
31 (10) "Nondomestic wastewater" means wastewater whose source of contamina-
32 tion is not principally human excreta.
33 (11) "Best management practice" means practices, techniques or measures
34 identified in the state water quality plan which are determined to be the
35 most effective, practicable means of preventing or reducing pollutants gener-
36 ated from nonpoint sources to a level compatible with water quality goals.
37 (12) "Nonpoint source pollution" means water pollution that comes from
38 many varied, nonspecific and diffused sources and can be categorized by the
39 general land disturbing activity that causes the pollution.
40 (13) "Training program" means any course of training established to pro-
41 vide sewage treatment plant operating personnel and public drinking water sys-
42 tem personnel with increased knowledge to improve their ability to operate and
43 maintain sewage treatment works and public drinking water systems.
44 SECTION 37. That Section 39-3626, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 39-3626. AUTHORIZATION OF GRANTS AND LOANS -- DESIGNATION OF ADMINISTER-
47 ING AGENCY -- RESERVATION OF FUNDS FOR OPERATIONS -- CRITERIA -- PRIORITY
48 PROJECTS -- ELIGIBLE PROJECTS. (1) The state of Idaho is hereby authorized to
49 make grants and loans at or below market interest rates, as funds are avail-
50 able, to any municipality to assist said municipality in the construction of
51 sewage treatment works, to community public water systems and nonprofit
52 noncommunity public water systems. The state of Idaho is hereby also autho-
53 rized to make loans at or below market interest rates for the implementation
28
1 of a management program established under section 319 of the federal water
2 pollution control act, as amended.
3 (2) The Idaho board of health and welfare environmental quality through
4 the department of health and welfare environmental quality shall be the agency
5 for administration of funds authorized for grants or loans under this act
6 chapter, and may reserve up to four percent (4%) of the moneys accruing annu-
7 ally to the water pollution control and wastewater facility loan accounts
8 funds to be appropriated annually for the purpose of operating the water qual-
9 ity programs established pursuant to this chapter. The board may also reserve
10 up to six percent (6%) of the moneys accruing annually to the water pollution
11 control account fund to be appropriated annually for the purpose of conducting
12 water quality studies including monitoring.
13 (3) In allocating state construction grants and loans under this act
14 chapter, the Idaho board of health and welfare environmental quality shall
15 give consideration to water pollution control needs, protection of public
16 health and provision of safe drinking water.
17 (4) Pursuant to subsection (3) of this section, the Idaho board of health
18 and welfare environmental quality shall establish an integrated list of prior-
19 ity municipal sewage facility and nonpoint source pollution control projects
20 and a list of priority community and nonprofit noncommunity public water sys-
21 tems.
22 SECTION 38. That Section 39-3627, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-3627. PAYMENTS BY STATE BOARD OF HEALTH AND WELFARE ENVIRONMENTAL
25 QUALITY -- CONTRACTS WITH MUNICIPALITIES AND COMMUNITY AND NONPROFIT
26 NONCOMMUNITY PUBLIC WATER SYSTEMS -- RULES -- APPROVAL OF ATTORNEY GENERAL --
27 AUDIT OF PAYMENTS. (1) The Idaho board of health and welfare environmental
28 quality may make payments not to exceed ninety percent (90%) of the estimated
29 reasonable cost of an eligible construction project funded by a grant. Pay-
30 ments may be made which are equal to one hundred percent (100%) of the esti-
31 mated reasonable cost of an eligible construction project funded by a loan.
32 (2) The Idaho board of health and welfare environmental quality may, in
33 the name of the state of Idaho, enter into contracts with municipalities and
34 community and nonprofit noncommunity public water systems and any such munici-
35 pality and community and nonprofit noncommunity public water system may enter
36 into a contract with the Idaho board of health and welfare environmental qual-
37 ity, concerning eligible construction projects. Any such contract may include
38 such provisions as may be agreed upon by the parties thereto, and shall
39 include, in substance, the following provisions:
40 (a) An estimate of the reasonable cost of the project as determined by
41 the Idaho board of health and welfare environmental quality.
42 (b) An agreement by the municipality or community and nonprofit
43 noncommunity public drinking water system, binding for the actual service
44 life of the sewage treatment works or the actual service life of the com-
45 munity and nonprofit noncommunity public drinking water system:
46 (i) To proceed expeditiously with, and complete, the project in
47 accordance with plans approved pursuant to section 39-118, Idaho
48 Code.
49 (ii) To commence operation of the sewage treatment works or commu-
50 nity and nonprofit noncommunity public drinking water system on com-
51 pletion of the project, and not to discontinue operation or dispose
52 of the sewage treatment works or community and nonprofit noncommunity
53 public drinking water system without the approval of the board of
29
1 health and welfare environmental quality.
2 (iii) To operate and maintain the sewage treatment works or commu-
3 nity and nonprofit noncommunity public drinking water system in
4 accordance with applicable provisions and rules of the board.
5 (iv) To make available on an equitable basis the services of the
6 sewage treatment works or community and nonprofit noncommunity public
7 drinking water system to the residents and commercial and industrial
8 establishments of areas it was designed to serve.
9 (v) To provide for the payment of the municipality's share or the
10 community and nonprofit noncommunity public drinking water system's
11 share of the cost of the project when the project is built using
12 grant funds.
13 (vi) To develop and to secure the approval of the department of
14 plans for the operation and maintenance of the sewage treatment works
15 or community and nonprofit noncommunity public drinking water system;
16 and of plans and programs for the recovery of the capital costs and
17 operating expenses of the works or system.
18 (vii) To allow the board to make loans of up to one hundred percent
19 (100%) and supplemental grants based upon financial capability to a
20 municipality for the estimated reasonable cost of an eligible proj-
21 ect, which may include treatment of nondomestic wastewater.
22 (viii) To provide for the accumulation of funds through the use of
23 taxing powers, through charges made for services, through revenue
24 bonds, or otherwise, for the purposes of: (1) capital replacement,
25 (2) future improvement, betterment, and extension of such works occa-
26 sioned by increased wastewater loadings on the works, and (3) estab-
27 lishing a fund dedicated solely to repayment of principal and inter-
28 est of loans made subsequent to this chapter.
29 (ix) To commence annual principal and interest payments not later
30 than one (1) year from the date construction is completed and to pro-
31 vide for full amortization of loans not later than twenty (20) years
32 from the date project construction is completed.
33 (c) The terms under which the Idaho board of health and welfare environ-
34 mental quality may unilaterally terminate the contract and/or seek repay-
35 ment from the municipality or community and nonprofit noncommunity public
36 drinking water system of sums already paid pursuant to the contract for
37 noncompliance by the municipality with the terms and conditions of the
38 contract and the provisions of this chapter.
39 (3) The board of health and welfare environmental quality may, in the
40 name of the state of Idaho, enter into loan contracts with applicants for the
41 implementation of nonpoint source pollution control programs. To be eligible
42 for a loan the project proposed by an applicant must be consistent with the
43 state nonpoint source management plan. Up to five percent (5%) of the total
44 state revolving loan fund may be used for nonpoint source pollution control
45 projects which demonstrate a benefit/nexus to a municipality.
46 D.(4) The board may adopt rules necessary for the making and enforcing of
47 contracts hereunder and establishing procedures to be followed in applying for
48 state construction grants or loans or training grants herein authorized as
49 shall be necessary for the effective administration of the grants and loans
50 program.
51 (45)E. All contracts entered into pursuant to this section shall be sub-
52 ject to approval by the attorney general as to form. All payments by the state
53 pursuant to such contracts shall be made after audit and upon warrant as pro-
54 vided by law on vouchers approved by the director.
30
1 SECTION 39. That Section 39-3631, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-3631. APPROPRIATION OF WASTEWATER FACILITY LOAN ACCOUNT FUND -- PUR-
4 POSE OF CHAPTER. Moneys in the wastewater facility loan account fund are
5 hereby perpetually appropriated for the following purposes:
6 (1.) To provide loans and other forms of financial assistance authorized
7 under title VI of the federal water quality act of 1987, P.L. 100-4, to any
8 municipality for construction of sewage treatment works.
9 (2.) To provide funds, subject to annual federal and state appropriation
10 and applicable federal limitations, for operation of the wastewater facility
11 loan program by the department of health and welfare environmental quality.
12 SECTION 40. That Section 39-3632, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-3632. GRANTS AND LOANS FOR DESIGN, PLANNING OR CONSTRUCTION -- LIMITS
15 ON AMOUNT OF GRANTS AND LOANS. (1) The board of health and welfare environmen-
16 tal quality may divide financial assistance for eligible construction projects
17 into separate grants, loans or a combination of grants and loans for the
18 design, planning, and construction stages of project development. The making
19 of a grant or loan for early stages of a project does not obligate the state
20 to make a grant or loans for later stages of the same project.
21 (2) The board may make grants from the water pollution control account
22 fund; provided, that the projected payments for such grants would not cause
23 the projected balance in the account fund to fall below zero at any time. All
24 grant payments shall be subject to the availability of moneys in the account
25 fund.
26 (3) The board may make loans from the wastewater facility loan account
27 fund, provided that the projected payments for such loans would not cause the
28 projected balance in the account fund to fall below zero at any time. All loan
29 payments shall be subject to the availability of moneys in the account fund.
30 SECTION 41. That Section 39-3633, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-3633. WATER POLLUTION CONTROL BONDS. A.(1) Water pollution control
33 bonds, as provided by section 5, article VIII of the constitution of the state
34 of Idaho, shall be authorized by resolution of the state board of health and
35 welfare environmental quality. The bonds may be issued in one (1) or more
36 series, may bear such date or dates, may be in such denomination or denomina-
37 tions, may mature at such time or times, may mature in such amount or amounts,
38 may bear interest at the most advantageous rate or rates available to the
39 state at the time offered, payable semiannually, may be in such form, either
40 coupon or registered, may carry such registration and such conversion privi-
41 leges, may be executed in such manner, may be payable in such medium of pay-
42 ment, at such place or places, may be subject to such terms of redemption,
43 with or without premium, as such resolution or other resolutions may provide.
44 The bonds, if sold to a federal agency, may be sold at a private sale at not
45 less than par and accrued interest, without advertising the same at competi-
46 tive bidding. If not sold to a federal agency, the bonds shall be sold pub-
47 licly in a manner to be provided by the state board of health and welfare
48 environmental quality. The bonds shall be fully negotiable within the meaning
49 and for all purposes of the Uniform Commercial Code.
50 B.(2) The moneys derived from the sale of any bonds shall be deposited in
31
1 the state treasury to the credit of the water pollution control fund for the
2 purposes of that fund.
3 C.(3) All bonds issued pursuant to this act chapter shall be obligations
4 of the state and shall be payable in accordance with the terms of this act
5 chapter and the provisions of section 5, article VIII of the constitution of
6 the state of Idaho.
7 SECTION 42. That Section 39-3635, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-3635. COTTAGE SITE LEASES -- REQUIREMENTS -- CONSTRUCTION OF SEWAGE
10 DISPOSAL FACILITIES -- CONNECTION TO WATER AND SEWER DISTRICT SYSTEMS -- PAY-
11 MENT OF CHARGES -- NOTIFICATION OF DEFAULTS -- SATISFACTION OF REQUIREMENTS.
12 (1) After the effective date of this act sections 39-3634 through 39-3639,
13 Idaho Code, all cottage site leases authorized by the state of Idaho shall
14 require that each lessee must construct, at his cost and expense, sewage dis-
15 posal facilities, certified by the director of the department of health and
16 welfare environmental quality as adequate, as follows:
17 (a) For all new cottage or house construction completed after July 1,
18 1971 on any cottage site the certificate shall be issued prior to occu-
19 pancy.
20 (b) Those cottages or houses existing on the cottage sites prior to the
21 effective date of this act sections 39-3634 through 39-3639, Idaho Code,
22 shall meet those standards required by the director of the department of
23 health and welfare environmental quality for certification within two (2)
24 years of the effective date of this act sections 39-3634 through 39-3639,
25 Idaho Code, unless a public or private sewage collection or disposal sys-
26 tem is being planned or constructed in which case the director of the
27 department of health and welfare environmental quality may grant exten-
28 sions on a year by year basis but not exceed three (3) such extensions for
29 any one (1) cottage site.
30 (c) Isolated dwellings on sites situated on mining, grazing or other sim-
31 ilar types of state land board leases shall not be affected unless within
32 two hundred (200) yards of any flowing stream or a lake.
33 (2) Wherever any cottage site is located within the boundaries of a dis-
34 trict organized for water or sewer purposes, or a combination thereof, pursu-
35 ant to the provisions of chapter 32, title 42, Idaho Code, as amended, the
36 cottage site lessee shall connect his property to the sewer system of the dis-
37 trict within sixty (60) days after written notice from the district so to do,
38 provided, however, no cottage site lessee shall be compelled to connect his
39 property with such sewer system unless a service line is brought by the dis-
40 trict to a point within two hundred (200) feet of his dwelling place. All cot-
41 tage site leases hereafter issued shall require, as a condition of acceptance
42 thereof by the lessee, that the lessee will connect his property to a district
43 sewer system as required in this subsection (2). With respect to all cottage
44 site leases issued subsequent to July 1, 1970, filing with the department
45 issuing the lease of evidence of connection to the district sewer system as
46 contemplated in this subsection (2) shall be conclusive evidence of compliance
47 by the cottage site lessee with the requirements of subsection (1) of this
48 section and of the provisions of the cottage site lease to provide sewage dis-
49 posal facilities at the expense of the cottage site lessee. Each cottage site
50 lessee whose cottage site is subject to connection to a district sewer system
51 as required in this subsection (2) shall pay to the district to which the cot-
52 tage site is required to be connected, in a timely manner and when due, all
53 connection fees and charges, all monthly rates, tolls and charges, as provided
32
1 by chapter 32, title 42, Idaho Code, as amended, and all special benefits pay-
2 ments in lieu of tax payments provided for in subsection (3) of this section.
3 (3) Notwithstanding that title to a cottage site remains in the state of
4 Idaho, each cottage site lessee shall pay to any district operating a sewer
5 system to which the cottage site is connected as provided in subsection (2) of
6 this section, each year in the same manner and at the same time as county
7 taxes are paid and collected a sum of money in lieu of taxes equal to the sum
8 which would have been paid had the cottage site been held in private owner-
9 ship, hereinafter called special benefits payments. The special benefits pay-
10 ments shall be computed by applying the millage levy of the district to the
11 cottage site in the ordinary course to the assessed valuation of the property
12 as determined by the county assessor of the county in which the cottage site
13 is located. No special benefits payments shall be imposed prior to January 1,
14 1980. The cottage site lessee shall have such rights of protest, hearings and
15 appeals with respect to the valuation of the cottage site for purposes of
16 determining the special benefits payments as if such cottage site were held in
17 private ownership.
18 It shall be the duty of the county assessor to establish the value of each
19 cottage site as compared to like property upon the request, in writing, of the
20 district.
21 (4) Each water and sewer district shall immediately notify the department
22 issuing a cottage site lease of the failure of any cottage site lessee to con-
23 nect to the district sewer system, or to pay any connection fee or charge,
24 monthly rate, toll or charge, or any special benefits payments, all as
25 required or provided for in subsection (3) of this section. Any such notifica-
26 tion shall set forth the amount of any such fees, charges or payments which
27 are delinquent.
28 (5) Approval, pursuant to the provisions of section 39-118, Idaho Code,
29 by the department of health and welfare environmental quality of the plans and
30 specifications of a sewer system to be constructed, acquired, improved or
31 extended by a water and sewer district shall, as to all cottage sites con-
32 nected to the district sewer system, satisfy the requirements of section
33 39-3637, Idaho Code.
34 (6) The state of Idaho, its boards, agencies or departments, shall not be
35 liable, directly or indirectly, for any connection fees and charges, monthly
36 rates, tolls and charges, or special benefits payments charged to cottage site
37 lessees beyond those fees or payments collected from new lessees pursuant to
38 section 58-304A, Idaho Code, and placed in the revolving fund created by sec-
39 tion 58-141A, Idaho Code.
40 SECTION 43. That Section 39-3637, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-3637. STATE BOARD OF HEALTH AND WELFARE ENVIRONMENTAL QUALITY -- RULES
43 -- INSPECTION. The state board of health and welfare environmental quality
44 shall adopt reasonable rules and standards for the installation and operation
45 of cottage site sewage treatment facilities, and shall provide adequate
46 inspection services so as not to delay unreasonably the construction of any
47 lessee. Duplicate originals of all certificates issued by the director of the
48 department of health and welfare environmental quality shall be filed with the
49 director of the department issuing a cottage site lease.
50 The director of the department of health and welfare environmental quality
51 shall initiate on or before July 1, 1971, maintain a site by site inventory of
52 such sewage disposal systems that may exist. The inventory shall ascertain:
53 (a1) If the existing system meets the board standards. If the system
33
1 meets all standards and rules for cottage sewage disposal systems a certifi-
2 cate shall be issued immediately.
3 (b2) If the system does not meet the board standards. In such case, the
4 lessee shall be advised in writing of the actions necessary to meet the proper
5 standards. A copy of such report shall be filed with the state agency granting
6 the lease. The modifications, unless specifically exempted from the time
7 limit, as provided in this act sections 39-3634 through 39-3637, Idaho Code,
8 shall be completed within two (2) years of the date of the written notice.
9 SECTION 44. That Section 39-3638, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-3638. FINAL DETERMINATION BY ISSUING DEPARTMENT AUTHORIZED. In the
12 event of dispute, or unreasonable delay on the part of lessee or the depart-
13 ment of health and welfare environmental quality, the department issuing a
14 cottage site lease may, upon notice and hearing, make a final determination
15 consistent with control of water pollution and public health.
16 SECTION 45. That Section 39-4403, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-4403. DEFINITIONS. As used in this chapter:
19 (1) "Board" means the Idaho board of health and welfare environmental
20 quality.
21 (2) "Commercial hazardous waste facility or site" means any hazardous
22 waste facility whose primary business is the treatment, storage or disposal,
23 for a fee or other consideration, of hazardous waste generated offsite by gen-
24 erators other than the owner and operator of the facility.
25 (3) "Department" means the Idaho department of health and welfare envi-
26 ronmental quality.
27 (4) "Director" means the director of the Idaho department of health and
28 welfare environmental quality or the director's authorized agent.
29 (5) "Disposal" means the discharge, deposit, injection, dumping, spill-
30 ing, leaking or placing of any hazardous waste into or on any land or water so
31 that such hazardous waste or any constituent thereof may enter the environment
32 or be emitted into the air or discharged into any waters, including ground
33 waters.
34 (6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste
35 material received at a facility. This weight does not include any subsequent
36 changes to the weight resulting from the management of the waste by the facil-
37 ity.
38 (7) "Generator" means any person, who by virtue of ownership, management,
39 or control, is responsible for causing or allowing to be caused the creation
40 of a hazardous waste.
41 (8) "Hazardous waste" means a waste or combination of wastes of a solid,
42 liquid, semisolid, or contained gaseous form which, because of its quantity,
43 concentration or characteristics (physical, chemical or biological) may:
44 (a) Cause or significantly contribute to an increase in deaths or an
45 increase in serious, irreversible or incapacitating reversible illnesses;
46 or
47 (b) Pose a substantial threat to human health or to the environment if
48 improperly treated, stored, disposed of, or managed. Such wastes include,
49 but are not limited to, materials which are toxic, corrosive, ignitible,
50 or reactive, or materials which may have mutagenic, teratogenic, or carci-
51 nogenic properties but do not include solid or dissolved material in
34
1 domestic sewage, or solid or dissolved materials in irrigation return
2 flows or industrial discharges which are point sources subject to national
3 pollution discharge elimination system permits under the Ffederal Wwater
4 Ppollution Ccontrol Aact, as amended, 33 U.S.C., Ssection 1251 et seq., or
5 source, special nuclear, or by-product byproduct material as defined by
6 the Aatomic Eenergy Aact of 1954, as amended, 42 U.S.C., Ssection 2011 et
7 seq.
8 (9) "Hazardous waste management" means the systematic control of the col-
9 lection, source separation, storage, treatment, transportation, processing,
10 and disposal of hazardous wastes.
11 (10) "Hazardous waste facility or site" means any property, structure, or
12 ancillary equipment intended or used for the transportation, treatment, stor-
13 age or disposal of hazardous wastes.
14 (11) "Injection" means the subsurface emplacement of free liquids.
15 (12) "Manifest" means a form used for identifying the quantity, composi-
16 tion, origin, routing, waste identification code(s), and destination of haz-
17 ardous waste during any transportation from the point of generation to the
18 point of treatment, storage or disposal.
19 (13) "Manifested waste" means waste which at the point of origin or gener-
20 ation is required to be manifested for transportation in a manner similar to
21 that of the federal uniform hazardous waste manifest or by other manifest
22 requirements designed to assure proper treatment, storage and disposal of
23 such waste.
24 (14) "PCB waste" means any waste or waste item which is not included in
25 the definition of "hazardous waste" and which is contaminated with
26 polychlorinated biphenyls.
27 (15) "Person" means any individual, association, partnership, firm, joint
28 stock company, trust, estate, political subdivision, public or private corpo-
29 ration, state or federal governmental department, agency, or instrumentality,
30 or any other legal entity which is recognized by law as the subject of rights
31 and duties.
32 (16) "RCRA" means the Rresource Cconservation and Rrecovery Aact of 1976
33 as amended from time to time.
34 (17) "Restricted hazardous waste" means a waste or combination of wastes
35 regulated as land disposal restricted pursuant to federal statutes and regula-
36 tions, including 40 CFR part 268.
37 (18) "Storage" means the containment of hazardous wastes, on a temporary
38 basis or for a period of years, in such a manner as not to constitute disposal
39 of such hazardous wastes.
40 (19) "Transportation" means the movement of any hazardous waste to or from
41 a hazardous waste facility or site.
42 (20) "Transporter" means any person who transports a hazardous waste to or
43 from a hazardous waste facility or site.
44 (21) "Treatment" means any method, technique, or process, including neu-
45 tralization, which is designed not to be an integral part of a production
46 process, but which is rather designed to change the physical, chemical, or
47 biological character or composition of any hazardous waste prior to storage or
48 final disposal so as to neutralize such waste or so as to render such waste
49 nonhazardous or less hazardous; safer to transport, store, or dispose of; or
50 amenable for recovery, amenable for storage or reduced in volume. Such term
51 includes any activity or processing designed to change the physical form or
52 chemical composition of hazardous waste so as to render it nonhazardous.
53 (22) "Waste" means any solid, semisolid, liquid or contained gaseous mate-
54 rial for which no reasonable use or reuse is intended or which is intended to
55 be discarded.
35
1 SECTION 46. That Section 39-4426, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-4426. APPOINTMENT OF HEALTH INSPECTORS. (1) The department of health
4 and welfare environmental quality shall assign a sufficient number of employ-
5 ees and equipment to inspect hazardous waste facilities or sites permitted
6 under section 39-4409, Idaho Code, and located in Idaho where disposal of haz-
7 ardous waste occurs for the purpose of assuring the protection of the health
8 and safety of the public by monitoring the receipt and handling of hazardous
9 wastes which have been transported by common carrier.
10 (2) All employees of the department designated pursuant to subsection (1)
11 of this section shall alert proper authorities or peace officers regarding
12 violations pursuant to this chapter, violations pursuant to title 49, Idaho
13 Code, and violations to any rules issued pursuant to section 67-2901A, Idaho
14 Code.
15 (3) All actions brought for violations of the provisions of this chapter
16 or rules promulgated pursuant thereto shall be brought as provided for in this
17 chapter. All actions brought for violations of the provisions of title 49,
18 Idaho Code, shall be brought as provided in that title.
19 SECTION 47. That Section 39-4428, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-4428. COLLECTION OF COMMERCIAL DISPOSAL FEES -- RETURNS. (1) The fees
22 imposed under section 39-4427, Idaho Code, shall be due and payable in monthly
23 installments by the owner, agent, employee, or operator of such hazardous
24 waste facility or site and remittance shall be made to the Idaho department of
25 health and welfare environmental quality on or before the fifteenth day of the
26 month next succeeding the end of the monthly period in which the fee accrued.
27 The owner, operator or designated employee or agent of the hazardous waste
28 facility or site, on or before the fifteenth day of the month, shall make out
29 a return, upon such forms setting forth such information as the department may
30 require, showing the amount of the fee for which the owner or operator of the
31 hazardous waste facility or site is liable for the preceding monthly period,
32 and shall sign and transmit the same to the department, together with a remit-
33 tance for such amount in the form required.
34 (2) The department may relieve any person or class of persons from the
35 obligation of filing monthly returns and may require the return to cover other
36 reporting periods, but in no event shall returns be filed for a period greater
37 than three (3) months.
38 SECTION 48. That Section 39-4429, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-4429. BOOKS AND RECORDS TO BE PRESERVED -- ENTRY AND INSPECTION BY
41 DEPARTMENT OF HEALTH AND WELFARE ENVIRONMENTAL QUALITY. Every person or entity
42 subject to the imposition of the fees specified in section 39-4427, Idaho
43 Code, shall keep complete and accurate records, including itemized invoices
44 and manifests for federally regulated types and quantities of hazardous waste
45 ultimately disposed of at a hazardous waste facility or site in Idaho. All
46 books, documents and papers, computer tapes, discs, and other records required
47 to be kept by this section shall be preserved for a period of at least five
48 (5) years from the date of the records or the date of the entries appearing in
49 the records, unless the department in writing, authorized their destruction or
50 disposal at an earlier date. For purposes of this act chapter, at any time
36
1 during usual business hours, the department or duly authorized agents or
2 employees, may enter any place of business of the owner or operator of a haz-
3 ardous waste facility or site where hazardous wastes are disposed and inspect
4 the premises, the records required to be kept under this chapter, and the haz-
5 ardous wastes or other chemicals contained therein, to determine whether or
6 not all the applicable provisions of sections 39-4427 and 39-4428, Idaho Code,
7 are being fully complied with. Trade secret information obtained by the
8 department under the provisions of this section shall be treated in the same
9 manner as such information obtained under section 39-4411, Idaho Code. If the
10 department, or any of its authorized agents or employees is unreasonably
11 denied free access or is unreasonably hindered or interfered with in making
12 the examination of a hazardous waste facility or site, that hindrance or
13 interference shall constitute grounds for suspension or revocation of the
14 facility or site's permit by the director of the department of health and wel-
15 fare environmental quality under subsection (b) of section 39-4413, Idaho
16 Code.
17 SECTION 49. That Section 39-4431, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-4431. COLLECTION AND ENFORCEMENT. (1) The collection and enforcement
20 procedures available to the Idaho state tax commission provided by the Idaho
21 income tax act, sections 63-3030A, 63-3038, 63-3039, 63-3040, 63-3042 through
22 63-3045A, 63-3047 through 63-3065A, 63-3068, 63-3070, 63-3071, 63-3072,
23 63-3073 and 63-3078, Idaho Code, as they now exist or as they may subsequently
24 be amended, shall apply and be available to the department of health and wel-
25 fare environmental quality for the enforcement of the commercial disposal fee
26 and for the assessment and collection of any amounts due thereunder. Said sec-
27 tions shall, for the aforementioned purposes, be considered part of this act
28 chapter and wherever liens or any other proceedings are defined as income tax
29 liens or proceedings, they shall, when applied in enforcement or collection
30 under this act chapter, be described as commercial disposal fee liens and pro-
31 ceedings.
32 (2) The department of health and welfare environmental quality may be
33 made a party defendant in any action at law or in equity by any person
34 aggrieved by the unlawful seizure or sale of his property, or in any suit for
35 refund or to recover an overpayment, but only the state of Idaho shall be
36 responsible for any final judgment secured against the department of health
37 and welfare environmental quality and said judgment shall be paid or satisfied
38 out of the general fund of the state.
39 SECTION 50. That Section 39-5803, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 39-5803. DEFINITIONS. As used in this chapter:
42 (1) "Panel" means the site review panel created in section 39-5811, Idaho
43 Code.
44 (2) "Committee" means the state hazardous waste management planning com-
45 mittee created in section 39-5805, Idaho Code.
46 (3) "Department" means the department of health and welfare environmental
47 quality.
48 (4) "Designated facility" means a hazardous waste treatment, storage or
49 disposal facility which has received a permit or has interim status under
50 title II of the solid waste disposal act or has a permit from the state autho-
51 rized under section 3006 of title II of the solid waste disposal act (42
37
1 U.S.C.A. section 3006).
2 (5) "Director" means the director of the department of health and welfare
3 environmental quality.
4 (6) "Disposal" is defined in section 39-4403, Idaho Code.
5 (7) "Disposal facility" means a facility or a part of a facility at which
6 managed hazardous waste, as defined by rule, is intentionally placed into or
7 on any land or water and at which hazardous waste will remain after closure.
8 (8) "Generator" is defined in section 39-4403, Idaho Code.
9 (9) "Hazardous waste" is defined in section 39-4403, Idaho Code.
10 (10) "Hazardous waste management" is defined in section 39-4403, Idaho
11 Code.
12 (11) "On-site" means on the same or geographically contiguous property
13 which may be divided by a public or private right-of-way if the entrance and
14 exit between the pieces of property are at a crossroads intersection and
15 access is by crossing rather than going along the right-of-way. Noncontiguous
16 pieces of property owned by the same person but connected by a right-of-way
17 which the owner controls and to which the public does not have access is also
18 considered on-site property.
19 (12) "Operator" means the person responsible for the overall operation of
20 a disposal, treatment or storage facility with approval of the director either
21 by contract or permit.
22 (13) "Person" is defined in section 39-4403, Idaho Code.
23 (14) "Plan" means the state hazardous waste management plan prepared under
24 the provisions of section 39-5806, Idaho Code.
25 (15) "Storage" is defined in section 39-4403, Idaho Code.
26 (16) "Storage facility" means a facility or part of a facility at which
27 managed hazardous waste, as defined by rule and regulation is subject to stor-
28 age.
29 (17) "Title II of the solid waste disposal act" means sections 1001
30 through 8006 of public law 89-272, 42 U.S.C. 6901, 6902 through 6910, 6912
31 through 6940 and 6942 through 6986.
32 For purposes of this chapter, words and phrases defined in section
33 39-4403, Idaho Code, shall carry the same meaning when used in this chapter
34 unless the context clearly denotes otherwise.
35 SECTION 51. That Section 39-5805, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-5805. STATE HAZARDOUS WASTE MANAGEMENT PLANNING COMMITTEE -- CREATION
38 -- MEMBERS. (1) The state hazardous waste management planning committee is
39 hereby created in the department. The committee shall represent diverse geo-
40 graphical areas of the state. No later than September 1, 1985, the governor
41 shall, subject to the advice and consent of the senate, appoint seventeen (17)
42 members to the committee consisting of the following representatives:
43 (a) One (1) representative of city government;
44 (b) One (1) representative of county government;
45 (c) One (1) hazardous waste transporter;
46 (d) One (1) hazardous waste generator;
47 (e) One (1) hazardous waste treatment, storage, or disposal facility
48 operator;
49 (f) One (1) member of an environmental group;
50 (g) One (1) member of a conservation group;
51 (h) Two (2) members of the general public;
52 (i) The director of the department or his designee;
53 (j) The director of the department of water resources or his designee;
38
1 (k) One (1) licensed professional engineer;
2 (l) A faculty member of a university or college in this state well versed
3 in geology, hydrology or other environmental matters;
4 (m) The director of the Idaho transportation department or his designee;
5 (n) One (1) representative of the mining industry;
6 (o) One (1) representative of the forest products industry; and
7 (p) One (1) representative of the agricultural industry.
8 (2) A vacancy occurring on the committee shall be filled in the same man-
9 ner as the original appointment.
10 (3) The chairman of the committee shall be elected by the members of the
11 committee and the chairman shall be a voting member of the committee.
12 (4) Members of the committee who are not state employees shall be enti-
13 tled to receive compensation as provided in section 59-509(b), Idaho Code.
14 (5) The committee by majority vote shall establish operating procedures.
15 The operating procedures shall be made available for public review.
16 (6) In the conduct of its business, the committee shall solicit the
17 advice of, and consult periodically with cities, counties and persons within
18 the state for the purpose of receiving information or advice that may be help-
19 ful in the preparation of the plan.
20 (7) Employees of the department of health and welfare environmental qual-
21 ity, department of water resources and the transportation department shall
22 assist the committee on a priority basis.
23 (8) The committee shall disband after final approval of the plan by the
24 legislature.
25 (9) Upon petition to the director and the director's recommendation to
26 the governor, the governor shall appoint a committee in the same manner as the
27 original committee to amend or revise the plan.
28 (10) The committee shall hold its first meeting as soon as practicable
29 after confirmation by the senate.
30 SECTION 52. That Section 39-5806, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-5806. STATE HAZARDOUS WASTE SITING MANAGEMENT PLAN -- PREPARATION --
33 INCLUSIONS -- STUDIES -- PUBLIC HEARINGS -- SUMMARY -- AMENDMENTS -- RECOMMEN-
34 DATION. (1) Not later than January 1, 1987, the committee shall prepare a
35 state hazardous waste siting management plan.
36 (2) The plan shall:
37 (a) Provide for a reasonable geographic distribution of hazardous waste
38 treatment, storage, or disposal facilities to meet existing and probable
39 future needs.
40 (b) Be based upon location of generators, health and safety, economics of
41 transporting, types of waste and existing hazardous waste treatment, stor-
42 age, or disposal facilities.
43 (c) Include necessary legislative, administrative and economic mecha-
44 nisms, a timetable to carry out the plan.
45 (3) The committee may instruct the department of health and welfare envi-
46 ronmental quality, the department of water resources and the transportation
47 department to complete studies as considered reasonably necessary for the com-
48 pletion of the plan. The studies may include:
49 (a) An inventory and evaluation of the sources of hazardous waste genera-
50 tion within this state or from other states, including the types and quan-
51 tities of the hazardous waste.
52 (b) An inventory and evaluation of current hazardous waste management
53 practices and costs, including treatment and disposal, within this state.
39
1 (c) A projection or determination of future hazardous waste management
2 needs based on an evaluation of existing capacities, treatment or disposal
3 capabilities, manufacturing activity, limitations and constraints. Projec-
4 tion of needs shall consider the types and sizes of hazardous waste treat-
5 ment, storage, or disposal facilities, general locations within the state,
6 management control systems, and an identified need for additional pri-
7 vately owned or state owned treatment, storage, or disposal facilities.
8 (d) An investigation and analysis of methods and incentives to encourage
9 interstate and international cooperation in the management of hazardous
10 waste.
11 (e) An investigation and analysis of methods, incentives or technologies
12 for source reduction, reuse, recycling, or recovery of potentially hazard-
13 ous waste and a strategy for encouraging the utilization or reduction of
14 hazardous waste.
15 (f) An investigation and analysis of alternate methods for treatment and
16 disposal of hazardous waste.
17 (4) Upon completion of the plan, the committee shall publish a notice
18 after giving twenty (20) days' notice as provided in section 60-109, Idaho
19 Code, in a number of newspapers and shall issue a statewide news release
20 announcing the availability of the plan for inspection by interested persons.
21 The announcement shall indicate where and how the plan may be obtained or
22 reviewed and shall indicate that not less than three (3) public hearings shall
23 be conducted at varying locations in the state before formal adoption. The
24 first public hearing shall not be held until sixty (60) days have elapsed from
25 the date of the notice announcing the availability of the plan.
26 (5) After public hearings, the committee shall prepare a written summary
27 of the comments received, provide comments on the major concerns raised, make
28 amendments to the plan as necessary and shall formally adopt the plan, and
29 shall submit the plan to the legislature at the first regular session of the
30 legislature following adoption of the plan.
31 SECTION 53. That Section 39-5812, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-5812. SITE REVIEW PANELS -- MEMBERS, CHAIRMAN, QUORUM, MEETINGS,
34 STAFF. (1) A site review panel shall be established to insure public input in
35 the licensing process and to recommend to the director conditions which should
36 be included in the siting license. Such conditions may include measures to
37 mitigate public concerns for the following types of facilities:
38 (a) All commercial hazardous waste disposal facilities not in existence
39 prior to July 1, 1985;
40 (b) All commercial hazardous waste treatment or storage facilities not in
41 existence prior to July 1, 1985;
42 (c) Any on-site disposal of wastes listed pursuant to section 201(d)(2)
43 and (e) as modified by section 209 of "The Hazardous and Solid Waste
44 Amendments of 1984," as enacted by the U.S. congress, for sites not in
45 existence prior to July 1, 1985;
46 (d) Any significant expansion of the above-listed facilities after July
47 1, 1985.
48 A panel shall consist of ten (10) members to be appointed as provided in
49 subsections (2) and (3) of this section.
50 (2) The following six (6) members shall serve on every panel established
51 to review a siting license application:
52 (a) Three (3) members shall be representatives of this state, one (1)
53 each from the department of health and welfare environmental quality, the
40
1 department of water resources and the Idaho transportation department. A
2 member who is a representative of this state shall be appointed by each of
3 the directors of the respective departments and a vacancy shall be filled
4 as necessary by the appropriate director. A member who is a representative
5 of the state shall be appointed to serve on site review panels for a
6 period of two (2) years and may be appointed for additional two (2) year
7 periods. In addition, a member who is a representative of the state may
8 serve beyond the expiration of the member's two (2) year period of service
9 for so long a period of time as is necessary to complete action on siting
10 license applications pending at the expiration of the member's term.
11 (b) Three (3) members shall be public members appointed by the governor
12 with the advice and consent of the senate. One (1) public member shall be
13 a geologist or hydrologist, one (1) an engineer, and one (1) a representa-
14 tive of industries which generate hazardous waste. One (1) public member
15 shall be on the faculty of an institution of higher education in this
16 state. A vacancy shall be filled for the unexpired portion of the period
17 in the same manner as the original appointment. A member who is a public
18 member shall be appointed to serve on site review panels for a period of
19 three (3) years and may be appointed for additional three (3) year
20 periods.
21 (3) The following four (4) members shall serve on a panel which is estab-
22 lished to consider a particular siting license application:
23 (a) Two (2) members shall be appointed by the city council of the city
24 located closest to or in which the hazardous waste treatment, storage, or
25 disposal facility is proposed to be located, at least one (1) of whom
26 shall be a resident of the city. The members serving pursuant to this sub-
27 section shall serve until the particular siting license application sub-
28 ject to their review is approved, or until the application is rejected and
29 is no longer subject to their review.
30 (b) Two (2) members shall be residents of the county where the hazardous
31 waste treatment, storage, or disposal facility is proposed to be located
32 and shall be appointed by the board of commissioners of the county. The
33 members serving pursuant to this subsection shall serve until the particu-
34 lar siting license application subject to their review is approved, or
35 until the application is rejected and is no longer subject to their
36 review.
37 (4) The member appointed as the representative of the state from the
38 department shall be chairman of each panel and shall notify the city council
39 of the nearest city and the board of county commissioners of a siting license
40 application filed with the department, and shall instruct the city and county
41 to appoint the necessary representatives to a panel. The chairman shall be a
42 nonvoting member of the panel except when the chairman's vote is necessary to
43 break a tie vote.
44 (5) Six (6) of the ten (10) members of the panel shall constitute a quo-
45 rum for the transaction of business of the panel and the concurrence of six
46 (6) members of the panel shall constitute a legal action of the panel. All
47 meetings of the panel shall be conducted pursuant to the state open meeting
48 law.
49 (6) The director shall make staff available to assist a panel in carrying
50 out its responsibilities.
51 (7) Members of the panel who are not state employees shall be entitled to
52 receive compensation as provided in section 59-509(b), Idaho Code.
53 SECTION 54. That Section 39-6203, Idaho Code, be, and the same is hereby
54 amended to read as follows:
41
1 39-6203. DEFINITIONS. As used in this chapter:
2 (1) "Board" means the Idaho board of health and welfare environmental
3 quality.
4 (2) "Commercial PCB waste facility or site" means any facility which
5 engages in the treatment, storage or disposal, for a fee or other consider-
6 ation, of PCB waste generated off site by generators other than the owner and
7 operator of the facility.
8 (3) "Department" means the Idaho department of health and welfare envi-
9 ronmental quality.
10 (4) "Director" means the director of the Idaho department of health and
11 welfare environmental quality or the director's authorized agent.
12 (5) "Disposal" means to intentionally or accidentally discard, throw
13 away, or otherwise complete or terminate the useful life of PCB waste within a
14 PCB waste facility or site. Disposal includes spills, leaks, and other uncon-
15 trolled discharges of PCB waste as well as actions related to containment,
16 destruction, degradation, decontamination or storage of PCB waste within a PCB
17 waste facility or site.
18 (6) "Generator" means any person, who by virtue of ownership, management,
19 or control, is responsible for causing or allowing to be caused the creation
20 of a PCB waste.
21 (7) "Manifest" means a form used for identifying the quantity, composi-
22 tion, origin, routing, waste identification code(s), and destination of PCB
23 waste during any transportation from the point of generation to the point of
24 treatment, storage or disposal.
25 (8) "PCB" means polychlorinated biphenyl.
26 (9) "PCB waste" means any waste or waste item which is contaminated with
27 PCB.
28 (10) "PCB waste facility or site" means any property, structure, or ancil-
29 lary equipment intended or used for the disposal of PCB wastes.
30 (11) "Person" means any individual, association, partnership, firm, joint
31 stock company, trust, estate, political subdivision, public or private corpo-
32 ration, state or federal governmental department, agency, or instrumentality,
33 or any other legal entity which is recognized by law as the subject of rights
34 and duties.
35 (12) "Polychlorinated biphenyl" means any chemical substance limited to
36 the biphenyl molecule that has been chlorinated to varying degrees.
37 (13) "Storage" means the containment of PCB wastes, on a temporary basis
38 or for a period of years, in such a manner as to not constitute disposal of
39 such PCB wastes.
40 (14) "Transportation" means the movement of any PCB waste to or from a PCB
41 waste facility or site.
42 (15) "Transporter" means any person who transports a PCB waste to or from
43 a PCB waste facility or site.
44 (16) "Treatment" means any method, technique, or process, including neu-
45 tralization, which is designed not to be an integral part of a production
46 process, but which is rather designed to change the physical, chemical, or
47 biological character or composition of any PCB waste prior to storage or final
48 disposal so as to neutralize such waste or so as to render such waste
49 nonhazardous or less hazardous; safer to transport, store, or dispose of; or
50 amenable for recovery, amenable for storage or reduced in volume. Such term
51 includes any activity or processing designed to change the physical form or
52 chemical composition of PCB waste to render it nonhazardous.
53 (17) "TSCA" means the toxic substances control act, as amended, 15 U.S.C.,
54 section 2601, et seq.
55 (18) "Waste" means any solid, semisolid, liquid or contained gaseous mate-
42
1 rial for which no reasonable use or reuse is intended or which is intended to
2 be discarded.
3 SECTION 55. That Section 39-6404, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-6404. ESTABLISHMENT OF A REGIONAL CLEAN LAKES COORDINATING COUNCIL.
6 There is hereby created in the region encompassing Boundary, Benewah, Bonner,
7 Kootenai and Shoshone counties a regional clean lakes coordinating council. It
8 shall be the responsibility of the clean lakes coordinating council to imple-
9 ment the clean lakes pilot program created by this chapter. The regional clean
10 lakes coordinating council shall be assisted in carrying out its responsibili-
11 ties by the staffs of the panhandle health district and the division depart-
12 ment of environmental quality. of the department of health and welfare.
13 SECTION 56. That Section 39-6407, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-6407. TECHNICAL ADVISORY GROUP. To assist in its objectives, the coun-
16 cil shall create a technical advisory group which may include the designated
17 representatives of the public health district, city and county planning or
18 engineering departments, Department of Health and Welfare Environmental Qual-
19 ity, Department of Lands, Department of Fish and Game, Department of Parks and
20 Recreation, Department of Water Resources, State Soil Conservation Commission,
21 United States Forest Service, United States Bureau of Land Management, United
22 States Army Corps of Engineers, United States Agricultural Conservation and
23 Stabilization Services, United States Environmental Protection Agency, United
24 States Geological Survey or any one or more of said agencies and such repre-
25 sentatives of agriculture, conservation, forest products, sportsmen and mining
26 interests as may be appointed by the county. Indian tribes may nominate a rep-
27 resentative for the technical advisory group to the county for appointment to
28 the group. Members shall serve without state compensation except such normal
29 compensation received by members who are state employees serving in the normal
30 course and scope of their employment.
31 SECTION 57. That Section 39-6501, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-6501. DEFINITIONS. As used in this chapter:
34 (1) "DivisionDepartment" means the division department of environmental
35 quality. of the department of health and welfare.
36 (2) "Motor vehicle" means any automobile, motorcycle, truck, trailer,
37 semitrailer, truck tractor and semitrailer combination or other vehicle oper-
38 ated on the roads of this state, used to transport persons or property and
39 propelled by power other than muscular power, but motor vehicle does not
40 include bicycles.
41 (3) "Retail seller of motor vehicle tires" and "wholesale seller of motor
42 vehicle tires" include those persons who sell or lease motor vehicles to
43 others in the ordinary course of business.
44 (4) "Tire" shall have the meaning contained in section 49-121, Idaho
45 Code.
46 (5) "New tire" means a tire which is not used or retreaded, and is being
47 sold on the market for the first time.
48 (6) "Waste tire" means a tire that is no longer suitable for its original
49 intended purpose because of wear, damage or defect.
43
1 (7) "Waste tire collection site" means a site where waste tires are col-
2 lected before being offered for recycling or reuse and where more than fifty
3 (50) tons of used tires are kept on site on any day.
4 (8) "Idaho retreader" is a person who accepts passenger and light truck
5 tires generated in Idaho and retreads such tires in Idaho and is registered
6 with the division.
7 (9) "Passenger and light truck tire" means any motor vehicle tire with a
8 rim diameter of twelve (12) inches through sixteen (16) inches.
9 (10) "Review committee" is an advisory committee appointed by the adminis-
10 trator director of the division department to establish and/or review percent-
11 ages for reimbursing retreaders and other users of waste tires, and to review
12 proposals for other uses, grants to counties and contracts with private enti-
13 ties.
14 (11) "Waste tires generated in Idaho" are tires which first become waste
15 tires in Idaho.
16 (12) "Mining waste tire" means a waste tire which is greater than fifty-
17 four (54) inches in diameter which was used in mining operations. Mining
18 waste tires may be disposed of by burial. The department of lands shall pre-
19 pare guidelines to govern the burial of mining waste tires.
20 (13) "End user" means the first person or company that purchases and uses
21 waste tires, chips or other materials made from waste tires.
22 SECTION 58. That Section 39-6503, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-6503. WASTE TIRE COLLECTION SITES. An owner or operator of a waste
25 tire collection site, within six (6) months of the effective date of this sec-
26 tion, shall register with the division department and provide the division
27 department with information concerning the site's location and size and the
28 approximate number of waste tires which are stored at the site and shall ini-
29 tiate steps to comply with the provisions of this chapter and other local,
30 state and/or federal authorities.
31 SECTION 59. That Section 39-6504, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-6504. DISPOSAL OF WASTE TIRES. (1) The disposal of waste tires, in any
34 form, in landfills and the incineration of those tires is prohibited, except
35 as provided by permissible methods of waste tire management listed in subsec-
36 tion (3) of this section or in accordance with rules and regulations of the
37 department of health and welfare environmental quality. An owner and operator
38 of a solid waste disposal site shall not knowingly accept waste tires for dis-
39 posal.
40 (2) Beginning on January 1, 1993, a person shall not dispose of waste
41 tires unless the waste tires are disposed of at a waste tire collection site
42 or managed as provided in subsection (3) of this section in accordance with
43 rules and regulations of the division department.
44 (3) The following are permissible methods of waste tire management:
45 (a) Retreading.
46 (b) Constructing collision barriers.
47 (c) Controlling soil erosion only if used in accordance with approved
48 engineering practices.
49 (d) Chopping or shredding prior to reuse.
50 (e) Grinding for use in asphalt or as a raw material for other products.
51 (f) Using as playground equipment.
44
1 (g) Incinerating or using as a fuel or pyrolysis if permitted by law,
2 regulations, rules or ordinances relating to burning of fuel.
3 (h) Hauling to lawful out-of-state collection or processing sites.
4 (i) Any other beneficial use, reuse or recycling of waste tires, chips or
5 similar material from waste tires generated in Idaho which meets the cri-
6 teria set forth by the division department.
7 (4) The board of health and welfare environmental quality, by rule, and
8 regulation, may authorize other methods of management and/or disposal of waste
9 tires.
10 (5) The division department shall expedite the processing and issuance of
11 any permits required by the rules and regulations of the department of health
12 and welfare for facilities or operations utilizing permissible methods of
13 waste tire management in accordance with the provisions of subsections (2) and
14 (3) of this section.
15 SECTION 60. That Section 39-6506, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 39-6506. RULES. AND REGULATIONS. The board of health and welfare environ-
18 mental quality shall promulgate rules and regulations to address the registra-
19 tion of waste tire transporters in Idaho; management standards; collection,
20 storage and disposal of waste tires in Idaho, financial assurance and removal
21 agreements; development of a grant program to counties and reimbursement
22 requirements for eligible tire recyclers and Idaho retreaders, and to carry
23 out the provisions of this chapter.
24 SECTION 61. That Section 39-6603, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-6603. ESTABLISHMENT OF THE BIG PAYETTE LAKE WATER QUALITY COUNCIL.
27 There is hereby created a Big Payette Lake water quality council for the lake.
28 It shall be the responsibility of the council to develop and implement the
29 program created in this chapter. The council shall be assisted in carrying out
30 its responsibilities by the division department of environmental quality, of
31 the department of health and welfare, the local public health district and
32 other appropriate state and local agencies as needed.
33 SECTION 62. That Section 39-6609, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-6609. TECHNICAL COMMITTEE. To assist in the development of its pro-
36 gram, the council shall create a technical committee which may include but are
37 is not exclusively limited to designated representatives of the public health
38 district, city and county planning or engineering departments, the county
39 planning and zoning commission, the McCall water and sewer district, depart-
40 ment of health and welfare environmental quality, department of lands, depart-
41 ment of fish and game, department of parks and recreation, department of water
42 resources, state soil conservation commission, United States forest service,
43 United States army corps of engineers, United States agricultural conservation
44 and stabilization services, United States soil conservation service, United
45 States geological survey, United States environmental protection agency and
46 representatives proposed by interests in agriculture, environmental protec-
47 tion, forest products, sporting and mining. Indian tribes may nominate a rep-
48 resentative for the technical committee. Members shall serve without state
49 compensation except such normal compensation received by members who are
45
1 state, city, county, district or federal employees serving in the normal
2 course and scope of their employment.
3 SECTION 63. That Section 39-7002, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-7002. DISPOSAL OF LEAD ACID BATTERIES. (1) The disposal of lead acid
6 batteries in landfills and the incineration of those batteries is prohibited.
7 An owner or operator of a solid waste disposal facility shall not knowingly
8 accept a lead acid battery for disposal unless the owner or operator is remov-
9 ing lead acid batteries from the waste stream for recycling. A lead acid bat-
10 tery shall be discarded or disposed of only as follows:
11 (a) A lead acid battery retailer or wholesaler may deliver a lead acid
12 battery to any one (1) of the following:
13 (i) A permitted secondary lead smelter.
14 (ii) A battery manufacturer.
15 (iii) A collection or recycling facility authorized by the federal
16 environmental protection agency or division department of environmen-
17 tal quality.
18 (iv) In the case of battery retailers only, an agent of a battery
19 wholesaler.
20 (v) A landfill operator who offers collection services for recycling
21 lead acid batteries.
22 (2) A person other than a lead acid battery retailer or wholesaler may
23 deliver a lead acid battery to any of the following:
24 (a) A lead acid battery retailer or wholesaler.
25 (b) A permitted secondary lead smelter.
26 (c) A collection or recycling facility authorized by the federal environ-
27 mental protection agency or the division department of environmental qual-
28 ity.
29 (d) A landfill operator who offers collection services for recycling lead
30 acid batteries.
31 SECTION 64. That Section 39-7108, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-7108. NOTIFICATION OF RELEASE IS REQUIRED. (1) Any person who has
34 responsibility for reporting a release under the federal comprehensive envi-
35 ronmental response, compensation and liability act (CERCLA), 42 U.S.C. 9603,
36 shall, as soon as practicable after he has knowledge of any such reportable
37 release other than a permitted release or as exempted in section 39-7108(3),
38 Idaho Code, notify the military division of such release.
39 (2) Any person who has responsibility for reporting a release under the
40 federal emergency planning and community right-to-know act, 42 U.S.C. 11001 et
41 seq., shall as soon as practicable after he has knowledge of any such report-
42 able release other than a permitted release notify the military division of
43 such release.
44 (3) Any facility having a release reportable under section 39-7108(1),
45 Idaho Code, shall not be required to report the release to the military divi-
46 sion if the following circumstances are met:
47 (a) Such release is not reportable under subsection (2) of section
48 39-7108, Idaho Code.
49 (b) The facility has an approved private emergency response plan that
50 details how such spills shall be responded to and reported.
51 This provision does not relieve the facility from any reporting required under
46
1 other federal statutory, regulatory or other permit authorities.
2 (4) The military division shall immediately notify the division depart-
3 ment of environmental quality within the department of health and welfare of
4 any release reported to the military division. Such reporting to the military
5 division shall fulfill all state reporting requirements for the division
6 department of environmental quality.
7 (5) Any person who does not notify the military division in accordance
8 with the provisions of section 39-7108, Idaho Code, shall be liable for a
9 civil penalty of a sum not to exceed one thousand dollars ($1,000) for each
10 day the violation continues to a maximum of twenty-five thousand dollars
11 ($25,000).
12 (6) No penalty pursuant to this section shall occur if an incident occurs
13 on private property and results in no offsite environmental damage.
14 SECTION 65. That Section 39-7114, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-7114. PRIVATE EMERGENCY RESPONSE PLAN APPROVAL. Private emergency
17 response plans may be prepared for any facility or specific set of conditions.
18 A private emergency response plan must be approved by the local emergency
19 response authority or the military division unless the plan:
20 (1) Is a contingency plan that has been approved in the issuance of a
21 final part B operating permit, in accordance with section 39-4401, Idaho Code,
22 by the Idaho division department of environmental quality;
23 (2) Is a contingency plan prepared in accordance with the requirements of
24 rules promulgated pursuant to section 39-4401, Idaho Code, by the Idaho divi-
25 sion department of environmental quality;
26 (3) Has otherwise been approved by the the military division or division
27 department of environmental quality. Private emergency response plans must be
28 submitted, for file purposes, to the local emergency response authorities and
29 the military division to qualify as a private emergency response plan under
30 this section.
31 SECTION 66. That Section 39-7203, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-7203. GENERAL DEFINITIONS. As used in this chapter:
34 (1) "Board" means the board of health and welfare environmental quality.
35 (2) "Department" means the department of health and welfare environmental
36 quality.
37 (3) "Hazardous substance" has the meaning set forth in section 101(14) of
38 the comprehensive environmental, response, compensation and liability act
39 (CERCLA), 42 U.S.C. 9601 (14) as amended.
40 (4) "Person" means any individual, association, partnership, firm, joint
41 stock company, trust, estate, political subdivision, public or private corpo-
42 ration, state or federal governmental department, agency or instrumentality,
43 or any other legal entity which is recognized by law as the subject of rights
44 and duties.
45 (5) "Petroleum" includes petroleum asphalt and crude oil or any part of
46 petroleum asphalt or crude oil that is liquid at standard conditions of tem-
47 perature and pressure (sixty (60) degrees Fahrenheit and fourteen and seven-
48 tenths (14.7) pounds per square inch absolute).
49 (6) "Release" means any spilling, leaking, pumping, pouring, emitting,
50 emptying, discharging, injecting, escaping, leaching, dumping, or disposing
51 into the environment, including the abandonment or discarding of barrels, con-
47
1 tainers, or other closed receptacles containing any hazardous substance or
2 petroleum.
3 (7) "Remediation" means any of the following:
4 (a) Actions necessary to prevent, minimize, or mitigate damages to the
5 public health or welfare or to the environment, which may otherwise result
6 from a release or threat of a release; or
7 (b) Actions consistent with a permanent remedy taken instead of, or in
8 addition to, removal actions in the event of a release or threatened
9 release of a hazardous substance or petroleum into the environment to
10 eliminate the release of hazardous substances or petroleum so that the
11 hazardous substances or petroleum do not migrate to cause substantial dan-
12 ger to present or future public health or welfare or the environment; or
13 (c) The cleanup or removal of released hazardous substances or petroleum
14 from the environment.
15 (8) "Site" means a parcel of real estate for which an application has
16 been submitted under section 39-7204, Idaho Code.
17 SECTION 67. That Section 39-7401, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-7401. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature finds:
20 (a) That adverse public health and environmental impacts can result from
21 the improper land disposal of solid waste and that the need for establish-
22 ing safe sites with adequate capacity for the disposal of solid waste is a
23 matter of statewide concern and necessity; and
24 (b) That the resource conservation and recovery act (42 U.S.C. sec. 6901,
25 et seq.) as amended, and regulations adopted pursuant thereto, establish
26 complex, detailed and costly provisions for the location, design, opera-
27 tion and monitoring of solid waste disposal sites, including such sites as
28 may be operated pursuant to the responsibility established in chapter 44,
29 title 31, Idaho Code; and
30 (c) That a state program to implement flexible standards provided in 40
31 CFR 258, if approved by the U.S. environmental protection agency, enables
32 a state to take advantage of site specific factors in the design and oper-
33 ation of solid waste facilities and flexibility in meeting federal crite-
34 ria set forth in that regulation; and
35 (d) That 40 CFR 258 provides that such a program of flexible standards
36 requires approvals by a designated state agency; and
37 (e) That chapter 1, title 39, Idaho Code, vests the department of health
38 and welfare environmental quality with the responsibility to issue a cer-
39 tificate of suitability concerning prospective solid waste landfill sites,
40 to approve solid waste facility and ground water monitoring programs and
41 to provide approvals pursuant to 40 CFR 258; and
42 (f) That chapter 44, title 31, Idaho Code, imposes on the counties the
43 primary responsibility for the development and operation of a solid waste
44 management system; and
45 (g) That chapter 4, title 39, Idaho Code, vests the health districts with
46 the primary responsibility for the review of solid waste facility opera-
47 tions plans and the enforcement of solid waste management operations; and
48 (h) That the coordination and timeliness of response to federal law on
49 the part of all public officials within the state is critical to compli-
50 ance with federal regulations, the ability of each affected agency to
51 carry out their statutory responsibilities and the avoidance of excessive
52 construction and public expenditures.
53 (2) Therefore, it is the intent of the legislature to establish a program
48
1 of solid waste management which complies with 40 CFR 258 and facilitates the
2 incorporation of flexible standards in facility design and operation. The leg-
3 islature hereby establishes the solid waste disposal standards and procedures
4 outlined herein and a facility approval process for the state of Idaho, the
5 political subdivisions thereof, and any private solid waste disposal site
6 owner in order to facilitate the development and operation of solid waste dis-
7 posal sites, to effect timely and responsible completion of statutory duties
8 and to ensure protection of human health and the environment, to protect the
9 air, land and waters of the state of Idaho.
10 SECTION 68. That Section 39-7402, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-7402. APPLICABILITY. (1) The standards and procedures set forth in
13 this chapter apply to owners and operators of new municipal solid waste land-
14 fill (MSWLF) units, existing MSWLF units, and lateral expansions of existing
15 MSWLF units, except as otherwise specifically provided.
16 (2) The requirements of this chapter do not apply to MSWLF units that
17 ceased to accept waste on or prior to October 9, 1991.
18 (3) MSWLF units that receive waste after October 9, 1991, but stop
19 receiving waste in conformance with the provisions of 40 CFR 258.1(d), are
20 exempt from the requirements of this chapter, except as expressly provided
21 herein.
22 (4) All MSWLF units that receive waste on or after October 9, 1993, must
23 comply with all of the requirements of this chapter, unless otherwise allowed
24 in 40 CFR 258.1(d), (e) or (f).
25 (5) MSWLF units failing to satisfy these standards shall cease operation
26 and shall not accept municipal solid waste for disposal by order of the divi-
27 sion department of environmental quality and/or the district health department
28 until provisions of this chapter are complied with unless a compliance sched-
29 ule has been approved by the director of the department of health and welfare
30 environmental quality and/or the district health department.
31 (6) MSWLF units failing to satisfy the requirements set forth in this act
32 chapter are considered open dumps for purposes of state solid waste management
33 planning and are prohibited under section 4005 of RCRA.
34 (7) MSWLF units containing sewage sludge and which fail to satisfy the
35 criteria set forth in 40 CFR 258 violate sections 309 and 405(e) of the clean
36 water act.
37 SECTION 69. That Section 39-7403, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-7403. DEFINITIONS. As used in this chapter:
40 (1) "Active portion" means that part of a facility or unit that has
41 received or is receiving wastes and that has not been closed in accordance
42 with 40 CFR 258.60.
43 (2) "Agricultural wastes" means wastes generated on farms resulting from
44 the production of agricultural products including, but not limited to, manures
45 and carcasses of dead animals weighing each or collectively in excess of fif-
46 teen (15) pounds but do not include wastes that are classified as hazardous.
47 (3) "Applicant" means the owner or the operator with the owner's written
48 consent.
49 (4) "Aquifer" means a geological formation, group of formations, or a
50 portion of a formation capable of yielding significant quantities of ground
51 water to wells or springs.
49
1 (5) "Board" means the Idaho board of health and welfare environmental
2 quality.
3 (6) "Buffer zone" means that part of a facility that lies between the
4 active portion and the property boundary.
5 (7) "Clean soils and clean dredge spoils" means soils and dredge spoils
6 which are not hazardous wastes or problem wastes as defined in this section.
7 (8) "Commercial solid waste" means all types of solid waste generated by
8 stores, offices, restaurants, warehouses and other nonmanufacturing activi-
9 ties, excluding residential and industrial wastes.
10 (9) "Commercial solid waste facility" means a facility owned and operated
11 as an enterprise conducted with the intent of making a profit by any individ-
12 ual, association, firm, or partnership for the disposal of solid waste, but
13 excludes a facility owned or operated by a political subdivision, state or
14 federal agency, municipality or a facility owned or operated by any individ-
15 ual, association, firm or partnership exclusively for the disposal of solid
16 waste generated by such individual, association, firm or partnership.
17 (10) "Construction/demolition waste" means the waste building materials,
18 packaging and rubble resulting from construction, remodeling, repair and demo-
19 lition operations on pavements, houses, commercial buildings and other struc-
20 tures. Such waste includes, but is not limited to, bricks, concrete, other
21 masonry materials, soil, rock, lumber, road spoils, rebar, paving materials
22 and tree stumps. Noninert wastes and asbestos wastes are not considered to be
23 demolition waste for the purposes of this chapter.
24 (11) "Contaminate" means to allow discharge of a substance from a landfill
25 that would cause:
26 (a) The concentration of that substance in the ground water to exceed the
27 maximum contamination level (MCL) specified in 40 CFR 258.40, Idaho drink-
28 ing water standards; or
29 (b) A statistically significant increase in the concentration of that
30 substance in the ground water where the existing concentration of that
31 substance exceeds the maximum contamination level specified in paragraph
32 (a) of this subsection; or
33 (c) A statistically significant increase above background in the concen-
34 tration of a substance which:
35 (i) is not specified in paragraph (a) of this subsection; and
36 (ii) is a result of the disposal of solid waste; and
37 (iii) has been determined by the department to present a substantial
38 risk to human health or the environment in the concentrations found
39 at the point of compliance.
40 (12) "County" means any county in the state of Idaho.
41 (13) "Cover material" means soil or other suitable material that is used
42 to protect the active portion of the MSWLF unit.
43 (14) "Director" means the director of the Idaho department of health and
44 welfare environmental quality.
45 (15) "Existing MSWLF unit" means any municipal solid waste landfill unit
46 that is receiving solid waste as of the applicable date specified in 40 CFR
47 258.1(e).
48 (16) "Facility" means all contiguous land and structures, buffer zones,
49 and other appurtenances and improvements on the land used for the disposal of
50 solid waste.
51 (17) "Floodplain" means the area encompassed by the one hundred (100) year
52 flood as defined by applicable federal emergency management agency (FEMA)
53 flood insurance maps or, if no map exists, then as defined in 40 CFR 258.11.
54 (18) "Ground water" means water below the land surface in a zone of satu-
55 ration.
50
1 (19) "Health district" means one (1) of the seven (7) district health
2 departments of the state of Idaho.
3 (20) "Holocene fault" means a fault characterized as a fracture or a zone
4 of fractures in any material along which strata on one (1) side have been dis-
5 placed with respect to that on the other side and holocene being the most
6 recent epoch of the quaternary period, extending from the end of the
7 pleistocene epoch to the present.
8 (21) "Household waste" means any solid waste, including garbage, trash and
9 sanitary waste in septic tanks, derived from households, including single and
10 multiple residences, hotels and motels, bunkhouses, ranger stations, crew
11 quarters, campgrounds, picnic grounds and day use recreation areas.
12 (22) "Industrial solid waste" means solid waste generated by manufacturing
13 or industrial processes that is not a hazardous waste regulated under subtitle
14 C of RCRA. Such waste may include, but is not limited to, waste resulting from
15 the following manufacturing processes: Eelectric power generation; fertilizer
16 and agricultural chemicals; food and related products and by-products bypro-
17 ducts; inorganic chemicals; iron and steel manufacturing; leather and leather
18 products; nonferrous metals manufacturing/foundries; organic chemicals;
19 plastics and resins manufacturing; pulp and paper industry; rubber and miscel-
20 laneous plastic products; stone, glass, clay and concrete products; textile
21 manufacturing; transportation equipment; and water treatment. This term does
22 not include mining waste or oil and gas waste.
23 (23) "Inert wastes" means noncombustible, nonhazardous, nonputresible
24 nonputrescible, nonleaching solid wastes that are likely to retain their phys-
25 ical and chemical structure under expected conditions of disposal, including
26 resistance to biological attack.
27 (24) "Landfill" means an area of land or an excavation in which wastes are
28 placed for permanent disposal, and that is not a land application unit, sur-
29 face impoundment, injection well or waste pile.
30 (25) "Landspreading disposal facility" or "land application unit" means a
31 facility that applies sludges or other solid wastes onto or incorporates solid
32 waste into the soil surface, excluding manure spreading operations, at greater
33 than agronomic rates and soil conditioners and immobilization rates.
34 (26) "Lateral expansion" means a horizontal expansion of the waste bound-
35 aries of an existing MSWLF unit.
36 (27) "Leachate" means a liquid that has passed through or emerged from
37 solid waste and contains soluble, suspended or miscible materials removed from
38 such waste.
39 (28) "Limited purpose landfill" means a landfill that receives solid waste
40 of limited type with known and consistent composition other than wood wastes,
41 municipal solid waste, inert waste and construction/demolition waste.
42 (29) "Liquid waste" as defined in 40 CFR 258.28(c)(1).
43 (30) "Monofill" means a landfill which contains a specific waste whose
44 waste stream characteristics remain unchanged over time and may include spe-
45 cial wastes, problem wastes or other consistent characteristic wastes but do
46 not include wastes regulated under any other applicable regulations.
47 (31) "Municipal solid waste landfill unit (MSWLF)" means a discrete area
48 of land or an excavation that receives household waste, and that is not a land
49 application unit, surface impoundment, injection well, or waste pile, as those
50 terms are defined under 40 CFR 257.2. A MSWLF unit also may receive other
51 types of RCRA subtitle D wastes, such as commercial solid waste, nonhazardous
52 sludge, conditionally exempt small quantity generator waste and industrial
53 solid waste. Such a landfill may be publicly or privately owned. A MSWLF unit
54 may be a new MSWLF unit, an existing MSWLF unit or a lateral expansion.
55 (32) "New MSWLF unit" means any municipal solid waste landfill unit that
51
1 has not received waste prior to October 9, 1993, or prior to October 9, 1995,
2 if the MSWLF unit meets the conditions specified in 40 CFR 258.1(f)(1).
3 (33) "Open burning" means the combustion of solid waste without: (a) con-
4 trol of combustion air to maintain adequate temperature for efficient combus-
5 tion; (b) containment of the combustion reaction in an enclosed device to pro-
6 vide sufficient resident time and mixing for complete combustion; and (c) con-
7 trol of the emission of the combustion products.
8 (34) "Operator" means the person(s) responsible for the overall operation
9 of a facility or part of a facility.
10 (35) "Owner" means the person(s) who owns a facility or part of a facil-
11 ity.
12 (36) "Permeability" means the capacity of a material to transmit a liquid.
13 For the purposes of this chapter permeability is expressed in terms of hydrau-
14 lic conductivity of water in centimeters-per-second units of measurement.
15 (37) "Person" means an individual, association, firm, partnership, politi-
16 cal subdivision, public or private corporation, state or federal agency,
17 municipality, industry, or any other legal entity whatsoever.
18 (38) "Pile" or "waste pile" means any noncontainerized solid, nonflowing
19 waste that is accumulated for treatment or storage.
20 (39) "Plan of operation" means the written plan developed by an owner or
21 operator of a MSWLF unit detailing how the facility is to be operated during
22 its active life, during closure, and throughout the post closure period.
23 (40) "Point of compliance" means a vertical surface located at the hydrau-
24 lically downgradient intercept with the uppermost aquifer at which a release
25 from a waste management unit measured as change in constituent values will
26 trigger assessment monitoring. Point of compliance shall be used to define the
27 facility design, location and frequency of ground water monitoring wells and
28 corrective action.
29 (41) "Post closure" means the requirements placed upon the MSWLF unit
30 after closure to ensure their environmental safety for a thirty (30) year
31 period or until the site becomes stabilized in accordance with section
32 39-7416, Idaho Code.
33 (42) "Processing" means an operation conducted on solid waste to prepare
34 it for disposal.
35 (43) "Qualified professional" means a licensed professional geologist or
36 licensed professional engineer, as appropriate, holding current professional
37 registration in compliance with applicable provisions of the Idaho Code.
38 (44) "RCRA" means the resource conservation and recovery act (42 U.S.C.
39 sec. 6901 et seq.), as amended.
40 (45) "Run-off" means any rainwater, leachate, or other liquid that drains
41 over land from any part of a facility.
42 (46) "Run-on" means any rainwater, leachate, or other liquid that drains
43 over land onto any part of a facility.
44 (47) "Saturated zone" means that part of the earth's crust in which all
45 voids are filled with water.
46 (48) "Septage" means a semisolid consisting of settled sewage solids com-
47 bined with varying amounts of water and dissolved materials generated from a
48 septic tank system.
49 (49) "Sludge" means any solid, semisolid, or liquid waste generated from a
50 municipal, commercial, or industrial waste water treatment plant, water supply
51 treatment plant or air pollution control facility exclusive of the treated
52 effluent from a waste water treatment plant.
53 (50) "Solid waste" means any garbage or refuse, sludge from a waste water
54 treatment plant, water supply treatment plant, or air pollution control facil-
55 ity and other discarded material including solid, liquid, semisolid, or con-
52
1 tained gaseous material resulting from industrial, commercial, mining, and
2 agricultural operations and from community activities, but does not include
3 solid or dissolved materials in domestic sewage, or solid or dissolved mate-
4 rials in irrigation return flows or industrial discharges that are point
5 sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or
6 by-product byproduct material as defined in the atomic energy act of 1954, as
7 amended (68 Stat. 923). These regulations shall not apply to the following
8 solid wastes:
9 (a) Overburden, waste dumps and low-grade stockpiles from mining opera-
10 tions;
11 (b) Liquid wastes whose discharge or potential discharge is regulated
12 under federal, state or local water pollution permits;
13 (c) Hazardous wastes as designated in the hazardous waste management act,
14 chapter 44, title 39, Idaho Code;
15 (d) Wood waste used for ornamental, animal bedding, mulch and plant bed-
16 ding and road building purposes;
17 (e) Agricultural wastes, limited to manures and crop residues, returned
18 to the soils at agronomic rates;
19 (f) Clean soils and clean dredge spoils as otherwise regulated under sec-
20 tion 404 of the federal clean water act (PL 95-217);
21 (g) Septage taken to a sewage treatment plant permitted by either the
22 U.S. environmental protection agency or the department;
23 (h) Radioactive wastes, defined in the radiation and nuclear materials
24 act, chapter 30, title 39, Idaho Code; and
25 (i) Wood debris resulting from the harvesting of timber and the disposal
26 of which is permitted under chapter 1, title 38, Idaho Code.
27 (51) "Special waste" means those wastes which require special treatment or
28 handling after it arrives at the disposal site. The term includes, but is not
29 limited to, asbestos containing material, petroleum contaminated soils, low-
30 level PCB containing material, low-level dioxin containing material and uncut
31 tires.
32 (52) "Statistically significant" means significant as determined by ANOVA
33 analysis of variance as applied within 40 CFR 258.53(h)(2) or as provided by
34 40 CFR 258.53(g)(5).
35 (53) "Uppermost aquifer" means the geological formation nearest the natu-
36 ral ground surface that is an aquifer as well as lower aquifers that are
37 hydraulically interconnected with this aquifer within the facility's property
38 boundary.
39 (54) "Waste management unit boundary" means a vertical surface located at
40 the hydraulically downgradient limit of the unit. This vertical surface
41 extends down into the uppermost aquifer.
42 (55) "Water quality standard" means a standard set for maximum allowable
43 contamination in surface waters and ground water as set forth in the water
44 quality standards for waters for the state of Idaho. (IDAPA 16.01.2001).
45 (56) "Wetlands" as defined in 40 CFR 232.2(r).
46 (57) "Wood waste" means solid waste consisting of wood pieces or particles
47 generated as a by-product byproduct or waste from the manufacturing of wood
48 products, handling and storage of raw materials and trees and stumps. This
49 includes, but is not limited to, sawdust, chips, shavings, bark, pulp, hog
50 fuel and log yard waste, but does not include wood pieces or particles con-
51 taining chemical preservatives such as creosote, pentachlorophenol, or copper-
52 chrome-arsenate.
53 Undefined terms shall be given their usual and ordinary meaning within the
54 context of the provisions of this chapter.
53
1 SECTION 70. That Section 39-7408B, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-7408B. SITE REVIEW PANELS -- MEMBERS, CHAIRMAN, QUORUM, MEETINGS,
4 STAFF. (1) A site review panel shall be established to insure public input in
5 the licensing process, to recommend to the director conditions which should be
6 included in a siting license and to recommend to the director whether a par-
7 ticular facility should or should not be constructed, expanded or enlarged.
8 (2) A panel shall consist of eight (8) members to be appointed as fol-
9 lows:
10 (a) Three (3) members shall be the administrator director of the division
11 department of environmental quality or his designee, the director of the
12 Idaho transportation department or his designee and the director of the
13 department of water resources or his designee.
14 (b) One (1) member shall be a public member appointed by the governor.
15 The public member shall be an environmental professional, shall serve as
16 chairman of the panel and shall be a voting member. A member who is a pub-
17 lic member shall be appointed to serve on site review panels only until
18 the particular siting license application subject to their review is
19 approved, or until the application is rejected and is no longer subject to
20 their review.
21 (c) Two (2) members shall be appointed by the city council of the city
22 located closest to or in which the commercial solid waste facility is pro-
23 posed to be located, at least one (1) of whom shall be a resident of the
24 city. The members serving pursuant to this subsection shall serve until
25 the particular siting license application subject to their review is
26 approved, or until the application is rejected and is no longer subject to
27 their review.
28 (d) Two (2) members shall be appointed by the county commission and be
29 residents of the county where the commercial solid waste facility is pro-
30 posed to be located. The members serving pursuant to this subsection shall
31 serve until the particular siting license application subject to their
32 review is approved, or until the application is rejected and is no longer
33 subject to their review.
34 (e) A person nominated to represent a city or county shall not have a
35 conflict of interest, as that term is defined in section 59-703, Idaho
36 Code, or derive any economic gain as that term is defined in section
37 59-703, Idaho Code, from the location or siting of the proposed commercial
38 solid waste facility.
39 (3) The director shall notify the city council of the nearest city and
40 the board of county commissioners of a siting license application filed with
41 the department, and shall instruct the city and county to appoint the neces-
42 sary members to a panel.
43 (4) Five (5) of the eight (8) members of the panel shall constitute a
44 quorum for the transaction of business of the panel and the concurrence of
45 five (5) members of the panel shall constitute a legal action of the panel,
46 provided that no meeting of the panel shall occur unless there are at least as
47 many members present representing the city and county as there are represent-
48 ing the state and the public as appointed pursuant to subsections (2)(a) and
49 (b) of this section. All meetings of the panel shall be conducted pursuant to
50 the state open meeting law.
51 (5) The director shall make staff available to assist a panel in carrying
52 out its responsibilities.
53 (6) Members of the panel who are not state employees shall be entitled to
54 receive compensation as provided in section 59-509(b), Idaho Code.
54
1 SECTION 71. That Section 39-7602, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-7602. DISBURSEMENTS BY THE DIRECTOR OF LOANS TO PUBLIC WATER SYSTEMS
4 -- LIMITATIONS ON LOANS -- RULES -- APPROVAL OF THE ATTORNEY GENERAL -- AUDIT
5 OF DISBURSEMENTS. (1) There is hereby created the drinking water loan account
6 fund. The division department of environmental quality shall use moneys from
7 this account fund only for providing loans, or as a source of reserve and
8 security for leveraged loans, the proceeds of which are deposited in the
9 drinking water loan account fund, or for other financial assistance authorized
10 in this chapter or by federal law to community water systems and nonprofit
11 noncommunity water systems. Financial assistance under this section may be
12 used by a public water system only for project expenditures, not including
13 monitoring, operation and maintenance expenditures, which will facilitate com-
14 pliance with national primary drinking water standards applicable to the sys-
15 tem or which will significantly further the health protection objectives of
16 this chapter. The funds may also be used for public water systems using con-
17 structed conveyances and not piped water systems if they meet the requirements
18 of the safe drinking water act amendments of 1996 and the director determines
19 that the water provided for residential or similar uses for cooking, drinking
20 and bathing is centrally treated or treated at the point of entry to achieve
21 the equivalent level of protection provided by the applicable national primary
22 drinking water regulations. The funds shall not be used for the acquisition of
23 real property or an interest in real property unless the acquisition is inte-
24 gral to the project authorized by this section and the purchase is from a
25 willing seller.
26 (2) (a) Except as provided in subsection (2)(b) of this section, no loan
27 assistance shall be provided to a public water system that:
28 (i) Does not have the technical, managerial and financial capabil-
29 ity to ensure compliance with the requirements of this chapter; or
30 (ii) Is in significant noncompliance with any requirement of a
31 national primary drinking water regulation or variance.
32 (b) A public water system referenced in subsection (2)(a) of this section
33 may receive assistance under this section if:
34 (i) The assistance will ensure compliance, and
35 (ii) If subsection (2)(a)(i) of this section applies to the system,
36 the owner or operator of the system agrees to undertake feasible and
37 appropriate changes in operations, including ownership, management,
38 accounting, rates, maintenance, consolidation, alternative water sup-
39 ply or other procedures, and then only if the director determines
40 that the measures are necessary to ensure that the system has the
41 technical, managerial and financial capability to comply with the
42 requirements of this chapter and the safe drinking water act amend-
43 ments of 1996.
44 (3) Except as otherwise prohibited by state law, the amounts deposited
45 into the drinking water loan account fund under this chapter may be used only
46 for the following:
47 (a) To make loans on the conditions that:
48 (i) The interest rate for each loan is less than or equal to the
49 market interest rate,
50 (ii) Principal and interest payments on each loan will commence not
51 later than one (1) year after completion of the project for which the
52 loan was made and each loan will be fully amortized not later than
53 twenty (20) years after completion of the project, except that in the
54 case of a disadvantaged community, an extended form for a loan may be
55
1 allowed if it terminates not later than thirty (30) years after the
2 date the project is completed, and does not exceed the design life of
3 the project,
4 (iii) The recipient of each loan will establish a dedicated source of
5 revenue, or, in the case of a privately owned system, demonstrate
6 that there is adequate security, for the repayment of the loan, and
7 (iv) The drinking water loan account fund will be credited with all
8 payment of principal and interest on each loan;
9 (b) To buy or refinance the debt obligation of a municipality or an
10 intermunicipal or interstate agency within the state at an interest rate
11 that is less than or equal to the market interest rate in any case in
12 which a debt obligation is incurred after July 1, 1993;
13 (c) As a source of revenue or security for the payment of principal and
14 interest on revenue or general obligation bonds issued by the state if the
15 proceeds of the sale of the bonds will be deposited into the drinking
16 water loan account fund; and
17 (d) To earn interest on the amounts deposited into the drinking water
18 loan account fund.
19 (4) For every agreement between the state and the federal government by
20 which funds are made available, the state shall deposit in the drinking water
21 loan account fund an amount equal to at least twenty percent (20%) of the
22 total amount of the grant to be made to the state on or before the dates on
23 which grant payments are made to the state.
24 (5) The director may promulgate rules necessary for the making and
25 enforcing of loan contracts hereunder and for establishing procedures to be
26 followed in applying for state loans or loan subsidies or training assistance
27 herein authorized as shall be necessary for the effective administration of
28 the loan program.
29 (6) All contracts entered into pursuant to this chapter shall be subject
30 to approval by the attorney general as to form. All disbursements by the state
31 pursuant to such contracts shall be made after audit and upon warrant as pro-
32 vided by law on vouchers approved by the director.
33 SECTION 72. That Section 39-7902, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-7902. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature finds
36 that:
37 (a) The swine industry is experiencing rapid changes such as increased
38 sophistication of production technology, increased demand for capital to
39 maintain or expand operations, consolidation of production and packing
40 facilities and changing consumer demands and markets;
41 (b) Large swine facilities increase social and environmental impacts in
42 the areas where these facilities are located;
43 (c) Adverse public health and environmental impacts can result from the
44 improper siting of large swine facilities, therefore the need for estab-
45 lishing safe sites with an adequate supply of natural resources, such as
46 water, and an adequate capacity for the disposal of animal waste is a mat-
47 ter of statewide concern;
48 (d) Section 39-104A, Idaho Code, vests the department of health and wel-
49 fare environmental quality with the responsibility to make rules regulat-
50 ing swine operations; and section 39-105, Idaho Code, vests the department
51 of health and welfare environmental quality with the responsibility for
52 the general supervision of the promotion and protection of the life,
53 health and environment of the people of the state, including regulation of
56
1 air quality, water quality and disposal of solid waste.
2 (2) (a) To facilitate swine facility siting decisions by boards of
3 county commissioners and governing bodies of cities, this chapter estab-
4 lishes a review process within the department of health and welfare envi-
5 ronmental quality for construction or expansion of large swine facilities
6 of a certain size, and to require approval of sites.
7 (b) The procedures and requirements established in this chapter are nec-
8 essary to facilitate the proper siting of large swine facilities, to
9 effect timely and responsible completion of statutory duties and to ensure
10 protection of human health, natural resources, private property values and
11 the environment of the state.
12 (c) The site approval required in this chapter is required in addition to
13 any other license, permit or approval required by law or rule.
14 (3) It is the intent of the legislature that this chapter will be applied
15 only to swine facilities with a capacity of twenty thousand (20,000) animal
16 units or more and that this chapter will not be applied to any other confined
17 animal feeding operations.
18 SECTION 73. That Section 39-7903, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-7903. DEFINITIONS. As used in this chapter:
21 (1) "Active unit" means that part of a facility or unit that has received
22 or is receiving wastes and that has not been closed.
23 (2) "Animal unit" is a unit of measurement equaling two and one-half
24 (2 1/2) swine, each weighing over twenty-five (25) kilograms (approximately
25 fifty-five (55) pounds), or ten (10) weaned swine, each weighing under twenty-
26 five (25) kilograms. Total animal units are calculated by adding the number of
27 swine weighing over twenty-five (25) kilograms (approximately fifty-five (55)
28 pounds) multiplied by four-tenths (.4), plus the number of weaned swine weigh-
29 ing under twenty-five (25) kilograms multiplied by one-tenth (.1).
30 (3) "Animal waste" means animal excrement, feed wastes, process wastewa-
31 ter or any other waste associated with the confinement of swine.
32 (4) "Animal waste management system" means any structure or system that
33 provides for the collection, treatment, disposal, distribution or storage of
34 animal waste.
35 (5) "Applicant" means the owner or the operator with the owner's written
36 consent.
37 (6) "Aquifer" means a geological formation, group of formations, or a
38 portion of a formation capable of yielding significant quantities of ground
39 water to wells or springs.
40 (7) "Certified planner" means a person who has completed the nutrient
41 management certification in accordance with the nutrient management standard.
42 (8) "County" means any county in the state of Idaho.
43 (9) "Department" means the Idaho department of health and welfare envi-
44 ronmental quality.
45 (10) "Director" means the director of the Idaho department of health and
46 welfare environmental quality or his designee.
47 (11) "Existing facility" means a facility built and in operation one (1)
48 year or more before the original effective date of this chapter.
49 (12) "Expand" or "expanding facility" means a swine facility of less than
50 twenty thousand (20,000) animal units that increases its one-time animal unit
51 capacity to twenty thousand (20,000) or more animal units.
52 (13) "Facility" means any place, site or location or part thereof where
53 swine are kept, handled, housed, or otherwise maintained and includes, but is
57
1 not limited to, all buildings, lots, pens, animal waste management systems,
2 structures, and other appurtenances and improvements on the land.
3 (14) "Ground water" means water below the land surface in a zone of satu-
4 ration.
5 (15) "Holocene fault" means a fault characterized as a fracture or a zone
6 of fractures in any material along which strata on one (1) side have been dis-
7 placed with respect to that on the other side and holocene being the most
8 recent epoch of the quaternary period, extending from the end of the
9 pleistocene epoch to the present.
10 (16) "Land application" means the spreading on or incorporation of animal
11 waste into the soil mantle primarily for beneficial purposes.
12 (17) "Natural resources conservation service" or "NRCS" means the United
13 States department of agriculture, natural resources conservation service.
14 (18) "Nutrient management plan" means a plan prepared in compliance with
15 the nutrient management standard or other equally protective standard approved
16 by the director for managing the amount, source, placement, form and timing of
17 the land application of nutrients and soil amendments for plant production and
18 to minimize the potential for environmental degradation, particularly of water
19 quality.
20 (19) "Nutrient management standard" means the standard of the United
21 States department of agriculture, natural resource conservation service code
22 590 or the Idaho agricultural pollution abatement plan, nutrient management
23 standard component practice.
24 (20) "One-time animal unit capacity" means the maximum number of animal
25 units that a facility is capable of housing at any given point in time.
26 (21) "Operate" means to confine, feed, propagate, house or otherwise sus-
27 tain swine.
28 (22) "Operator" means the person(s) responsible for the overall operation
29 of a facility or part of a facility.
30 (23) "Owner" means the person(s) who owns a facility or part of a facil-
31 ity.
32 (24) "Permit" when used as a noun means a permit issued by the director
33 pursuant to IDAPA 16.01.09 rules of the department.
34 (25) "Person" means an individual, association, firm, partnership, politi-
35 cal subdivision, public or private corporation, state or federal agency,
36 municipality, industry or any other legal entity whatsoever, and includes
37 owners and operators.
38 (26) "Plan of operation" or "operating plan" means the written plan devel-
39 oped by an owner or operator of a swine facility unit detailing how the facil-
40 ity is to be operated during its active life, during closure, and throughout
41 the postclosure period.
42 (27) "Process wastewater" means any water used in the facility that comes
43 into contact with any manure, litter, bedding, raw, intermediate, or final
44 material or product used in or resulting from the production of swine and any
45 products directly or indirectly used in the operation of a facility, such as
46 spillage or overflow from animal watering systems; washing, cleaning, or
47 flushing pens, barns, manure pits, or spray cooling of animals; and dust con-
48 trol and any precipitation which comes into contact with animals or animal
49 waste.
50 (28) "Qualified professional" means a licensed professional geologist or
51 licensed professional engineer, as appropriate, holding current professional
52 registration in compliance with applicable provisions of the Idaho Code.
53 (29) "Unauthorized discharge" means a release of animal waste to the envi-
54 ronment or waters of the state that is not authorized by the license or the
55 terms of a national pollutant discharge elimination system (NPDES) permit
58
1 issued by the federal environmental protection agency.
2 (30) "Water quality standard" means a standard set for maximum allowable
3 contamination in surface waters and ground water as set forth in the water
4 quality standards for waters for the state of Idaho, IDAPA 16.01.02 and
5 16.01.11.
6 (31) "Waters of the state" means all the accumulations of water, surface
7 and underground, natural and artificial, public and private, or parts thereof
8 which are wholly or partially within, which flow through or border upon the
9 state.
10 SECTION 74. That Section 39-7908, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-7908. SITE REVIEW PANELS ESTABLISHED. (1) A site review panel shall be
13 established to ensure public input in the siting process and to recommend to
14 the director site approval, approval with conditions or rejection.
15 (2) A panel shall consist of eight (8) members to be appointed as fol-
16 lows:
17 (a) Three (3) members shall be the administrator director of the division
18 department of environmental quality or his designee, the director of the
19 department of water resources or his designee, and the director of the
20 department of agriculture or his designee.
21 (b) One (1) member shall be a public member appointed by the governor.
22 The public member shall be an environmental professional, shall serve as
23 chairman of the panel and shall be a voting member. A member who is a pub-
24 lic member shall be appointed to serve on site review panels only until
25 the particular site application subject to their review is approved, or
26 until the application is rejected and is no longer subject to their
27 review.
28 (c) Two (2) members shall be appointed by the city council of the city
29 located closest to, or in which the swine facility is proposed to be
30 located or expanded, provided the governing body of the city has signified
31 compliance with this chapter as provided in section 39-7903, Idaho Code.
32 At least one (1) shall be a resident of the city. However, if two (2) cit-
33 ies are equidistant from the proposed or expanding swine facility, plus or
34 minus five (5) miles, the city council of each city shall appoint one (1)
35 member each to the site review panel, each of whom shall be a resident of
36 the city appointing them. The members serving pursuant to this subsection
37 shall serve until the particular site application subject to their review
38 is approved or it is rejected and is no longer subject to their review.
39 (d) Two (2) members shall be appointed by the county commission and be
40 residents of the county where the swine facility is proposed to be located
41 or expanded, provided the board of county commissioners has signified com-
42 pliance with this chapter as provided in section 39-7903, Idaho Code. The
43 members serving pursuant to this subsection shall serve until the particu-
44 lar site application subject to their review is approved, or until the
45 application is rejected and is no longer subject to their review.
46 (e) A person nominated to represent a city or county shall not have a
47 conflict of interest, as that term is defined in section 59-703, Idaho
48 Code, or derive any economic gain as that term is defined in section
49 59-703, Idaho Code, from the location of the proposed or expanding swine
50 facility.
51 (3) The director shall notify the city council of the nearest city, or
52 cities if two (2) cities are within five (5) miles of the site of the proposed
53 facility, and the board of county commissioners in which the site is located,
59
1 of a site application filed with the department and shall instruct the city or
2 cities and county to appoint the necessary members to a panel.
3 (4) A majority of members of the panel shall constitute a quorum for the
4 transaction of business of the panel and the concurrence of a majority of the
5 panel shall constitute a legal action of the panel, provided that no meeting
6 of the panel shall occur unless there are at least as many members present
7 representing the city and county as there are representing the state and the
8 public as appointed pursuant to subsections (2)(a) and (b) of this section.
9 All meetings of the panel shall be conducted pursuant to the state open meet-
10 ing law.
11 (5) The director shall make staff available to assist the panel in carry-
12 ing out its responsibilities.
13 (6) Members of the panel who are not state employees shall be entitled to
14 receive compensation as provided in section 59-509(b), Idaho Code.
15 SECTION 75. That Section 39-7911, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 39-7911. FINANCIAL ASSURANCE FOR CLOSURE AND REMEDIATION. (1) All swine
18 facilities regulated by section 39-104A, Idaho Code, and this chapter shall
19 provide financial assurances demonstrating financial capability to meet
20 requirements for closure of the facilities and remediation. Requirements for
21 financial assurances shall be determined by the agency as set forth in rule.
22 Financial assurances may include any mechanism or combination of mechanisms
23 meeting the requirements established by agency rule including, but not limited
24 to, surety bonds, trust funds, irrevocable letters of credit, insurance and
25 corporate guarantees. The mechanism(s) used to demonstrate financial capabil-
26 ity must be legally valid, binding and enforceable under applicable law and
27 must ensure that the funds necessary to meet the costs of closure and
28 remediation will be available whenever the funds are needed. The director may
29 retain financial assurances for up to five (5) years after closure of a facil-
30 ity to ensure proper closure and remediation, as defined by rule.
31 (2) Nothing in this section prohibits the boards of county commissioners
32 of any county or the governing body of any city from adopting regulations that
33 are more stringent or that require greater financial assurances than those
34 imposed by the division department of environmental quality.
35 SECTION 76. That Section 39-7914, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-7914. CONFIDENTIALITY OF RECORDS. Information obtained by a public
38 agency pursuant to this chapter or its associated rules is subject to public
39 disclosure pursuant to the provisions of chapter 3, title 9, Idaho Code.
40 Information submitted under a trade secret claim may be entitled to confiden-
41 tial treatment as provided in section 9-342A, Idaho Code, and IDAPA 16.01.21,
42 "Rules Governing the Protection and Disclosure of Records in the Possession of
43 the Idaho Division of Environmental Quality." rules of the department of envi-
44 ronmental quality.
45 SECTION 77. That Section 41-4911, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 41-4911. STORAGE TANKS ELIGIBLE FOR INSURANCE. (1) Eligible storage tanks
48 are those tanks that meet all of the following criteria:
49 (a) Appropriate fees required in section 41-4908, Idaho Code, or section
60
1 41-4910A, Idaho Code, have been paid;
2 (b) The tank, if an underground storage tank, is in compliance with
3 applicable federal and state underground storage tank rules and regula-
4 tions;
5 (c) The tank is used only for storage of petroleum products;
6 (d) The tank, if an underground storage tank, passes a tank tightness
7 test;
8 (e) The tank, if an above ground aboveground storage tank, is in compli-
9 ance with state and federal rules and regulations including the uniform
10 fire code. If an above ground aboveground tank is exempt from state or
11 federal rules and regulations and/or the uniform fire code by virtue of
12 its being installed prior to the effective date of such rules and regula-
13 tions or the uniform fire code, such tank is not eligible unless it passes
14 a tank tightness test;
15 (f) The tank, if a farm tank or residential tank, is in compliance with
16 any applicable state or federal rules and regulations;
17 (g) Any contamination caused by or released by or from the tank has been
18 cleaned up, or a plan for cleanup or removal approved by the Idaho depart-
19 ment of health and welfare, division of environmental quality, is being
20 implemented; provided, however, that the trust fund shall not pay for any
21 costs associated with prior contamination.
22 (2) Any tank which is a part of a refiner's terminal or a tank directly
23 supplied by a pipeline shall not be eligible.
24 SECTION 78. That Section 41-4947, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 41-4947. INSURANCE. The coverage provided by the trust fund established
27 pursuant to this chapter shall be deemed insurance for the purposes of any
28 requirements of the Idaho department of health and welfare environmental qual-
29 ity concerning the financial responsibility of owners or operators of petro-
30 leum storage tanks.
31 SECTION 79. That Section 42-227, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 42-227. DRILLING AND USE OF WELLS FOR DOMESTIC PURPOSES EXCEPTED. The
34 excavation and opening of wells and the withdrawal of water therefrom for
35 domestic purposes shall not be subject to the permit requirement under section
36 42-229, Idaho Code; providing such wells and withdrawal devices are subject to
37 inspection by the department of water resources and the department of health
38 and welfare environmental quality and providing further that the drilling of
39 such wells shall be subject to the licensing provisions of section 42-238,
40 Idaho Code. Rights to ground water for such domestic purposes may be acquired
41 by withdrawal and use.
42 SECTION 80. That Section 42-1503, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 42-1503. APPLICATION TO APPROPRIATE -- PROCESS -- JUDICIAL REVIEW. When-
45 ever the board desires to appropriate a minimum stream flow of the unappropri-
46 ated waters of any stream, it shall submit an application to the director.
47 Such application shall be made upon forms to be furnished by the director and
48 shall include:
49 (a) The name of the stream and legal description of the point on the
61
1 stream where the minimum stream flow is proposed to be appropriated and deter-
2 mined;
3 (b) The minimum stream flow proposed;
4 (c) The purpose for which the minimum stream flow appropriation is pro-
5 posed to be made;
6 (d) The period of time or season of the year during which said appropria-
7 tion is proposed; and
8 (e) Such other information as shall be required by the form furnished by
9 the director.
10 Upon the receipt of an application filed under the provisions of this act,
11 the director shall forward a copy thereof to the departments of fish and game,
12 health and welfare environmental quality, parks and recreation, and any other
13 public entity likely to have an interest or knowledge in the matter. The
14 director shall also prepare a notice describing the proposed appropriation of
15 minimum stream flow and cause said notice to be published once each week in
16 two (2) consecutive weekly issues of a newspaper published within the county
17 where the appropriation of minimum stream flow is proposed, if there is such
18 newspaper, otherwise in a newspaper of general circulation within the county.
19 The director may also give other notice of the proposed appropriation in such
20 manner and to such persons or organizations as he may determine. Such notice
21 shall specify the time and place for a public hearing to be held concerning
22 the proposed appropriation of minimum stream flow. Such hearing shall be held
23 in accordance with the provisions of section 42-1701A(1) and (2), Idaho Code.
24 The director shall have power to administer oaths and to require the atten-
25 dance of such witnesses and the production of such books, records, and papers
26 as he may desire at the hearing and for that purpose the director may apply to
27 the district court for a subpoena for any witnesses or a subpoena duces tecum
28 to compel the production of any books, records, or papers which shall be
29 served and returned in the same manner as a subpoena in a civil case. In case
30 of any disobedience or neglect to obey a subpoena or subpoena duces tecum it
31 shall be the duty of the district court in any county of this state in which
32 such disobedience, neglect, or refusal occurs, or any judge thereof, on appli-
33 cation by the director, to compel obedience by proceedings for contempt as in
34 the case of a subpoena issued by a regularly constituted court. Upon the con-
35 clusion of the hearings and completion of any investigation conducted by the
36 director, he shall enter his findings in writing approving the application in
37 whole, or in part, or upon conditions or rejecting said application. Approval
38 of any such application must be based upon a finding that such appropriation
39 of minimum stream flow:
40 (a) will not interfere with any vested water right, permit, or water
41 right application with priority of right date earlier than the date of receipt
42 in the office of the director of a complete application for appropriation of
43 minimum stream flow filed under the provisions of this act;
44 (b) is in the public, as opposed to private, interest;
45 (c) is necessary for the preservation of fish and wildlife habitat,
46 aquatic life, recreation, aesthetic beauty, navigation, transportation, or
47 water quality of the stream;
48 (d) is the minimum flow or lake level and not the ideal or most desirable
49 flow or lake level; and
50 (e) is capable of being maintained as evidenced by records of stream
51 flows and water levels and the existing or future establishment of necessary
52 gauging stations and bench marks.
53 A copy of the director's findings shall be mailed to the board and to each
54 person or organization who gave testimony in support of or in opposition to
55 the proposed appropriation. The board or any person testifying at a hearing
62
1 who is aggrieved by a decision of the director shall have the right to have
2 that decision reviewed by the courts pursuant to section 42-1701A(4), Idaho
3 Code. Approved applications shall be submitted to each Llegislature by the
4 fifth legislative day of each regular session, and: (i) shall not become
5 finally effective until affirmatively acted upon by concurrent resolution of
6 the Idaho legislature; or (ii) except that if the legislature fails to act
7 prior to the end of the regular session to which the application was submit-
8 ted, the application shall be considered approved.
9 SECTION 81. That Section 42-1711, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 42-1711. DEFINITIONS. Unless the context otherwise requires, the follow-
12 ing definitions govern the construction of this act chapter.
13 (a) "Department" means the department of water resources.
14 (b) "Dam" means any artificial barrier, together with appurtenant works,
15 constructed for the purpose of storing water or that stores water, which is
16 ten (10) feet or more in height from the natural bed of the stream or water-
17 course at the downstream toe of the barrier, as determined by the department,
18 or from the lowest elevation of the outside limit of the barrier, if it is not
19 across a stream channel or watercourse, to the maximum water storage eleva-
20 tion, or has or will have an impounding capacity at maximum storage elevation
21 of fifty (50) acre-feet or more. The following are not included as regulated
22 dams or are not considered dams for the purposes of sections 42-1710 through
23 42-1721, Idaho Code:
24 (1) Barriers constructed in low risk areas as determined by the director,
25 which are six (6) feet or less in height, regardless of storage capacity.
26 (2) Barriers constructed in low risk areas as determined by the director,
27 which impound ten (10) acre-feet or less at maximum water storage eleva-
28 tion, regardless of height.
29 (3) Barriers in a canal used to raise or lower water therein or divert
30 water therefrom.
31 (4) Fills or structures determined by the director to be designed primar-
32 ily for highway or railroad traffic.
33 (5) Fills, retaining dikes or structures less than twenty (20) feet in
34 height, which are under jurisdiction of the division department of envi-
35 ronmental quality, department of health and welfare, or the department of
36 agriculture, determined by the director of the department of water
37 resources to be designed primarily for retention or treatment of munici-
38 pal, livestock, or domestic wastes, or sediment and wastes from produce
39 washing or food processing plants.
40 (6) Levees that store water regardless of storage capacity.
41 (c) "Levee" means a retaining structure alongside a natural lake which
42 has a length that is two hundred (200) times or more greater than its greatest
43 height measured from the lowest elevation of the toe to the maximum crest ele-
44 vation of the retaining structure.
45 (d) "Reservoir" means any basin which contains or will contain the water
46 impounded by a dam.
47 (e) "Owner" includes any of the following who own, control, operate,
48 maintain, manage, or propose to construct a dam, reservoir or mine tailings
49 impoundment structure:
50 (1) The state of Idaho and its departments, agencies, institutions and
51 political subdivisions;
52 (2) The United States of America and any of its departments, bureaus,
53 agencies and institutions; provided that the United States of America
63
1 shall not be required to pay any of the fees required by section 42-1713,
2 Idaho Code, and shall submit plans, drawings and specifications as
3 required by section 42-1712, Idaho Code, for information purposes only;
4 (3) Every municipal or quasi-municipal corporation;
5 (4) Every public utility;
6 (5) Every person, firm, association, organization, partnership, business
7 trust, corporation or company;
8 (6) The duly authorized agents, lessees, or trustees of any of the fore-
9 going; or
10 (7) Receivers or trustees appointed by any court for any of the forego-
11 ing.
12 (f) "Alterations," "repairs," or either of them, mean only such altera-
13 tions or repairs as may directly affect the safety of the dam, reservoir or
14 mine tailings impoundment structure, as determined by the department.
15 (g) "Enlargement" means any change in or addition to an existing dam,
16 reservoir or mine tailings impoundment structure, which raises or may raise
17 the water storage elevation of the water impounded by the dam or mine tailings
18 slurry impounded by the mine tailings impoundment structure.
19 (h) "Water storage elevation" means the maximum elevation of water sur-
20 face which can be obtained by the dam or reservoir.
21 (i) "Storage capacity" means the total storage at the maximum storage
22 elevation.
23 (j) "Days" used in establishing deadlines means calendar days including
24 Sundays and holidays.
25 (k) "Certificate of approval" means a certificate issued by the director
26 for all dams or mine tailings impoundment structures listing restrictions
27 imposed by the director, and without which no new dams shall be allowed to
28 impound water or mine tailings impoundment structures shall be allowed to
29 impound mine tailings slurry.
30 (l) "Mine tailings impoundment structure" means any artificial embankment
31 which is or will be more than thirty (30) feet in height measured from the
32 lowest elevation of the toe to the maximum crest elevation constructed for the
33 purpose of storing mine tailings slurry.
34 (m) "Lift construction" means mine tailings impoundment structure
35 enlargement by raising the elevation of the structure on a continuous or re-
36 curring basis. Such practice will be considered under construction until the
37 structure reaches its final crest elevation.
38 (n) "Mine tailings impoundment elevation" means the maximum elevation of
39 stored mine tailings which can be obtained by the impounding structure.
40 (o) "Mine tailings slurry" means all slurry wastes from a mineral proc-
41 essing or mining operation.
42 (p) "Mine tailings storage capacity" means the total storage volume of
43 the impounding area when filled with tailings to the maximum designed storage
44 elevation.
45 SECTION 82. That Section 42-1734, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 42-1734. POWERS AND DUTIES. The board shall, subject to the provisions of
48 chapter 52, title 67, Idaho Code, have the following powers and duties:
49 (1) To have and exercise all of the rights, powers, duties and privileges
50 vested by article XV, section 7, of the constitution of this state in the
51 water resource agency, and the water resource board, herein created, is hereby
52 constituted the water resource agency;
53 (2) To institute judicial proceedings to have water rights established by
64
1 court decree on any stream, lake or underground water basin; in such proceed-
2 ings court costs of the action, including the survey and determination of
3 water uses by the director of the department of water resources, shall be
4 borne by the state;
5 (3) To appear, when requested by the governor, on behalf of and represent
6 the state in matters related to its duties in any proceeding, negotiation, or
7 hearing involving the federal government or other state; provided, however,
8 that compact commissions now established by law shall continue to act but in
9 so doing shall report to it;
10 (4) To accept, receive, initiate, investigate, consider and promote such
11 water projects as it deems to be in the public interest;
12 (5) To generate and wholesale hydroelectric power at the site of produc-
13 tion if such power production is connected with another purpose for such proj-
14 ect;
15 (6) To file applications and obtain permits in the name of the board, to
16 appropriate, store, or use the unappropriated waters of any body, stream, or
17 other surface or underground source of water for specific water projects. Such
18 filings and appropriations by the board, or any water rights owned or claimed
19 by the board, shall be made in the same manner and subject to all of the state
20 laws relating to appropriation of water, with the exception that the board
21 will not be required to pay any fees required by the laws of this state for
22 its appropriations. The filings and appropriations by the board shall be sub-
23 ject to contest or legal action the same as any other filing and
24 appropriation, and such filings and appropriations shall not have priority
25 over or affect existing prior water rights of any kind or nature; provided
26 that the board shall have the right to file for water rights with appropriate
27 officials of other states as trustee for project users, and to do all things
28 necessary in connection therewith;
29 (7) To finance said projects with revenue bonds or such moneys as may be
30 available;
31 (8) To acquire, purchase, lease, or exchange land, rights, water rights,
32 easements, franchises and other property deemed necessary or proper for the
33 construction, operation and maintenance of water projects;
34 (9) To exercise, in accordance with the provisions of title 7, chapter 7,
35 Idaho Code, the right of eminent domain to acquire property necessary for the
36 construction of projects, both land and water;
37 (10) To cooperate in all water studies, planning, research, or activities
38 with any state or local agency in this state, or any other state or any fed-
39 eral agency and to enter into contracts with federal, state and local govern-
40 mental agencies to effect this purpose;
41 (11) To present to the governor for presentation to the legislature not
42 later than the 30th of November prior to the convening of a regular legisla-
43 tive session the final report containing the complete plans, costs and feasi-
44 bility estimates for any water project which the board recommends that the
45 state construct in accordance with the comprehensive state water plan; and to
46 construct any water project specifically authorized by the legislature;
47 (12) To enter into contracts with political subdivisions, municipal enti-
48 ties, individuals and others for the rehabilitation and repair of existing
49 irrigation projects and irrigation facilities, the sale and/or lease of water,
50 use of water, water storage, electric power, or other service, to turn over
51 projects to water users after pay-out and to lease facilities, sell, lease or
52 dispose of surplus facilities subject to the provisions of applicable law;
53 (13) To enter into contracts to effect the purposes of this act chapter;
54 (14) To sue and be sued;
55 (15) To study and examine pollution of rivers, streams, lakes and ground
65
1 water, and to advise, cooperate and counsel with the state board of health and
2 welfare environmental quality in a manner designed to avoid inhibition of eco-
3 nomic development and at the same time insure the right of the people to
4 comfortably enjoy our water resources and accomplish the establishment of
5 water quality criteria;
6 (16) To call upon any other state agency for cooperation, assistance or
7 use of information available to such agency; provided, however, if such agency
8 is required to make substantial expenditures in responding to such request,
9 appropriate arrangements for compensation may be accomplished;
10 (17) To issue revenue bonds for the rehabilitation and repair of existing
11 irrigation projects and irrigation facilities, and for water projects, pledge
12 any revenues available to the board to secure said bonds, exclusive of any
13 revenues derived from legislative appropriations, and pool revenues from one
14 (1) or more projects constructed, financed or operated by the board, or exist-
15 ing irrigation project or facilities rehabilitated or repaired by the board;
16 (18) To formulate and recommend, prior to each session of the legislature,
17 proposed legislation that may be necessary to assist it in effecting a proper
18 plan for conservation, development and utilization of water resources and
19 waterways and to report to each session of the legislature on the public busi-
20 ness entrusted to its care and the financial affairs of the board. In the
21 period between legislative sessions, the board shall deposit with the legisla-
22 tive council statements describing all actions taken and projects undertaken
23 by it;
24 (19) To issue procedural and operative rules and regulations as may be
25 necessary for the conduct of its business;
26 (20) To appoint advisory boards when deemed desirable to aid in the execu-
27 tion of its powers;
28 (21) To take such other action as may be necessary to carry out its duties
29 and powers under this act chapter and the constitution of the state of Idaho;
30 (22) To loan without prior legislative approval, the proceeds of the sale
31 of revenue bonds to the local water project sponsor or sponsors; to enter into
32 lease, sale or loan agreement; and to purchase all or a portion of, or partic-
33 ipate in, loans, originated by private lending institutions.
34 SECTION 83. That Section 42-1805, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 42-1805. ADDITIONAL DUTIES. In addition to other duties prescribed by
37 law, the director of the department of water resources shall have the follow-
38 ing powers and duties:
39 (1) To represent the state in all matters pertaining to interstate and
40 international water rights affecting Idaho water resources; and to cooperate
41 with all agencies, now existing or hereafter to be formed, within the state or
42 within other jurisdictions, in matters affecting the development of the water
43 resources of this state.
44 (2) To prepare a present and continuing inventory of the water resources
45 of this state, ascertain means and methods of conserving and augmenting these
46 and determine as accurately as possible the most effective means by which
47 these water resources may be applied for the benefit of the people of this
48 state.
49 (3) To conduct surveys, tests, investigations, research, examinations,
50 studies, and estimates of cost relating to availability of unappropriated
51 water, effective use of existing supply, conservation, storage, distribution
52 and use of water.
53 (4) To prepare and compile information and data obtained and to make the
66
1 same available to interested individuals or agencies.
2 (5) To cooperate with and coordinate activities with the administrator
3 director of the division department of environmental protection of the depart-
4 ment of health and welfare quality as such activities relate to the functions
5 of either or both departments concerning water quality. Such cooperation and
6 coordination shall specifically require that:
7 (a) The director meet at least quarterly with the administrator director
8 of the department of environmental quality and his staff to discuss water
9 quality programs. A copy of the minutes of such meeting shall be trans-
10 mitted to the governor.
11 (b) The director transmit to the administrator, director of the depart-
12 ment of environmental quality reports and information prepared by him per-
13 taining to water quality programs, and proposed rules and regulations per-
14 taining to water quality programs.
15 (c) The director shall make available to the administrator director of
16 the department of environmental quality and the administrator director of
17 the department of environmental quality shall make available to the direc-
18 tor all notices of hearings relating to the promulgation of rules and reg-
19 ulations relating to water quality, waste discharge permits, and stream
20 channel alteration, as such directly affect water quality, and notices of
21 any other hearings and meetings which relate to water quality.
22 (6) To perform administrative duties and such other functions as the
23 board may from time to time assign to the director to enable the board to
24 carry out its powers and duties.
25 (7) After notice, to suspend the issuance or further action on permits or
26 applications as necessary to protect existing vested water rights or to ensure
27 compliance with the provisions of chapter 2, title 42, Idaho Code, or to pre-
28 vent violation of minimum flow provisions of the state water plan.
29 (8) To promulgate, adopt, modify, repeal and enforce rules and regula-
30 tions implementing or effectuating the powers and duties of the department.
31 (9) To seek a preliminary or permanent injunction, or both, or a tempo-
32 rary restraining order restraining any person from violating or attempting to
33 violate (a) those provisions of law relating to all aspects of the appropria-
34 tion of water, distribution of water, headgates and measuring devices; or (b)
35 the administrative or judicial orders entered in accordance with the provi-
36 sions of law.
37 (10) To develop, coordinate and provide, through contract or by other
38 means, for weather modification projects involving cloud seeding that are
39 designed to increase the water supplies of the state by enhancing natural pre-
40 cipitation and which conform to state water planning objectives. To accomplish
41 these purposes the director is authorized to accept and use funds acquired
42 through legislative appropriation or by gift, grant, contribution or funding
43 received from any private or public individual or entity. All funds accepted
44 under this provision shall be transmitted to the state treasurer for deposit
45 in the water administration account fund and shall be reserved and made avail-
46 able until expended as ordered by the director for weather modification pur-
47 poses determined by the director to be beneficial.
48 (11) To develop and implement a plan for data gathering to determine any
49 effect of the weather modification efforts in which the department is
50 involved.
51 SECTION 84. That Section 42-3902, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 42-3902. DEFINITIONS. Whenever used in this chapter:
67
1 (1) "Aquifer" means any geologic formation that will yield water to a
2 well in sufficient quantities to make production of water from the formation
3 feasible for beneficial use, except when the water in such formation results
4 solely from injection through a waste disposal and injection well.
5 (2) "Director" means the director of the department of water resources.
6 (3) "Drinking water source" means an aquifer which contains water having
7 less than 10,000 mg/l total dissolved solids and has not been exempted from
8 this designation by the director of the department of water resources.
9 (4) "Fluid" means any material or substance which flows or moves whether
10 in a semisolid, liquid, sludge, gaseous or any other form or state.
11 (5) "Formation" means a body of consolidated or unconsolidated rock char-
12 acterized by a degree of lithologic homogeneity which is mappable at the
13 earth's surface or traceable in the subsurface.
14 (6) "Hazardous waste" means any fluid or combination of fluids, excluding
15 radioactive wastes, which because of quantity, concentration or characteris-
16 tics (physical, chemical or biological) may:
17 (a) Cause or significantly contribute to an increase in deaths or an
18 increase in serious, irreversible or incapacitating reversible illness; or
19 (b) Pose a substantial threat to human health or to the environment if
20 improperly treated, stored, disposed of, or managed. Such wastes include,
21 but are not limited to, materials which are toxic, corrosive, ignitable,
22 or reactive, or materials which may have mutagenic, teratogenic, or carci-
23 nogenic properties, but do not include solid or dissolved material in
24 domestic sewage or solid or dissolved material in irrigation return flows.
25 (7) "Injection" means the subsurface emplacement of fluids.
26 (8) "Injection well" means any excavation or artificial opening into the
27 ground which meets the following three (3) criteria:
28 (a) It is a bored, drilled or dug hole, or is a driven mine shaft or a
29 driven well point; and
30 (b) It is deeper than its largest straight-line surface dimension; and
31 (c) It is used for or intended to be used for injection.
32 (9) "Irrigation waste water" means surplus water diverted for irrigation
33 but not applied to crops or runoff of surplus water from the cropland as a
34 result of irrigation.
35 (10) "Licensed driller" means any person holding a valid license to drill
36 water wells in Idaho as provided and defined in section 42-238, Idaho Code.
37 (11) "Operate" means to allow fluids to enter an injection well by action
38 or by inaction of the operator.
39 (12) "Operator" means any individual, group of individuals, partnership,
40 company, corporation, municipality, county, state agency, taxing district or
41 federal agency who operates or proposes to operate any injection well.
42 (13) "Owner" means any individual, group of individuals, partnership,
43 company, corporation, municipality, county, state agency, taxing district, or
44 federal agency owning land on which any injection well exists or is proposed
45 to be constructed.
46 (14) "Radioactive material" means any material, solid, liquid or gas
47 which emits radiation spontaneously.
48 (15) "Radioactive waste" means any fluid which contains radioactive mate-
49 rial in concentrations which exceed those established for discharges to water
50 in an unrestricted area by the board of health and welfare environmental qual-
51 ity under the provisions of chapter 30, title 39, Idaho Code.
52 (16) "Shallow injection well" means an injection well which is less than
53 or equal to eighteen (18) feet in vertical depth below land surface.
54 (17) "Sanitary waste" means any fluid generated through domestic activi-
55 ties, such as food preparation, cleaning and personal hygiene.
68
1 (18) "Surface runoff water" means runoff water from the natural ground
2 surface and cropland. Runoff from urbanized areas, such as streets, parking
3 lots, airports, and runoff from animal feedlots, agricultural processing
4 facilities and similar facilities are not included within the scope of this
5 term.
6 (19) "Waste disposal and injection well" means an injection well which is
7 more than eighteen (18) feet in vertical depth below land surface.
8 SECTION 85. That Section 42-3910, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 42-3910. CANCELLATION OF PERMIT -- NOTICE -- HEARING -- REVIEW. When the
11 director of the department of water resources has reason to believe the opera-
12 tion and use of an injection well, for which a permit has been issued in
13 accordance with this chapter, is interfering with the right of the public to
14 withdraw water for beneficial uses, or is causing unreasonable contamination
15 or deterioration of the quality of the ground water below the adopted water
16 quality standards of the board of health and welfare environmental quality, he
17 may cancel such permit. Prior to the cancellation of such permit there shall
18 be a hearing before the water resource board for the purpose of determining
19 whether or not the permit should be cancelled. At such hearing the director of
20 the department of water resources shall be the complaining party. For purposes
21 of such hearing, the board shall have power to administer oaths, examine wit-
22 nesses and issue subpoenas requiring testimony of witnesses and production of
23 evidence relevant to any matter in the hearing. The hearing shall be conducted
24 in accordance with chapter 52, title 67, Idaho Code, and the board shall pro-
25 vide the owner or operator whose permit is proposed to be cancelled with rea-
26 sonable notice and the opportunity to be heard in accordance with chapter 52,
27 title 67, Idaho Code. A certified transcript of the proceedings and the evi-
28 dence received at such hearing shall be maintained by the board. The board
29 shall affirm, modify or reject the director's decision, and make its decision
30 in the form of an order to the director. Review of a final determination by
31 the board may be secured by the owner or operator by filing a petition for
32 review as prescribed by chapter 52, title 67, Idaho Code, in the district
33 court of the county wherein the injection well is situated. The petition for
34 review shall be served upon the chairman of the water resource board and upon
35 the attorney general as provided by the Idaho rules of civil procedure.
36 SECTION 86. That Section 46-1019, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 46-1019. EMERGENCY RESPONSE. (1) There is hereby created an emergency
39 response commission in the office of the governor. The commission shall con-
40 sist of the following state and local officials, industry representatives, or
41 their designees: the adjutant general of the Idaho national guard; the direc-
42 tor of the department of health and welfare; the state fire marshal; the
43 director of the Idaho state police; the director of the Idaho transportation
44 department; the director of the department of agriculture; the director of the
45 department of lands; the director of the Idaho geological survey; the director
46 of the department of water resources; the director of the department of envi-
47 ronmental quality; the coordinator for INEEL oversight; one (1) member repre-
48 senting Idaho cities; one (1) member of an organization representing farmers
49 or ranchers; one (1) member representing Idaho counties; one (1) member repre-
50 senting the hazardous waste or materials transportation industry; one (1) mem-
51 ber representing a user of hazardous materials; one (1) member representing
69
1 the Idaho state fire chief's association; one (1) member representing the
2 Idaho county sheriff's association; one (1) member of the Idaho police chief's
3 association; one (1) member representing the Idaho emergency management asso-
4 ciation; and one (1) member at-large representing the citizens of the state of
5 Idaho. The last ten (10) members shall be appointed by the governor to serve
6 staggered three (3) year terms. The manager of the bureau of disaster services
7 and the manager of the bureau of hazardous materials shall be nonvoting mem-
8 bers of the commission. All members shall serve without compensation, except
9 that members who are not state officers or employees shall be compensated as
10 provided in section 59-509(g), Idaho Code. The governor shall appoint a chair-
11 man from the appointees. The attorney general shall provide legal counsel to
12 the commission.
13 (2) The commission shall act as an all-hazards advisory and coordinating
14 body to the governor for all types of disasters and emergencies which could
15 affect the citizens of Idaho. They shall review, evaluate, report and advise
16 the governor on state and local plans and programs to prepare for, respond to,
17 and recover from all types of disaster emergencies.
18 SECTION 87. That Section 47-1315, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 47-1315. WATER CLARIFICATION. Where any person conducts a placer or
21 dredge mining operation where the water used in such mining process flows in,
22 or into a natural watercourse, such person shall construct and use settling
23 ponds of sufficient capacity and character and/or install and use filtration
24 processes fully adequate to clarify the water used in the mining process to
25 conform to the standards and regulations rules of the state department of
26 health and welfare environmental quality regarding water quality as autho-
27 rized under chapter 1, title 39, Idaho Code, before such water is discharged
28 into the natural watercourse.
29 SECTION 88. That Section 47-1513, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 47-1513. OPERATOR'S FAILURE TO COMPLY -- FORFEITURE OF BOND -- PENALTIES
32 -- RECLAMATION FUND. (a) Whenever the board determines that an operator has
33 not complied with the provisions of this act, the board may notify the opera-
34 tor of such noncompliance, and may by private conference, conciliation, and
35 persuasion, endeavor to remedy such violation. In the event of a violation
36 referred to in subsections (d) and (e) of this section, the board may proceed
37 without an administrative action, hearing or decision to exercise the remedies
38 set forth in said subsections. Additionally, no administrative action, hearing
39 or decision shall be required from the Idaho board of health and welfare envi-
40 ronmental quality prior to the board proceeding under subsections (d) and (e)
41 of this section. In the event of the failure of any conference, conciliation
42 and persuasion to remedy any alleged violation, the board may cause to have
43 issued and served upon the operator alleged to be committing such violation, a
44 formal complaint which shall specify the provisions of this act which the
45 operator allegedly is violating, and a statement of the manner in and the
46 extent to which said operator is alleged to be violating the provisions of
47 this act. Such complaint may be served by certified mail, and return receipt
48 signed by the operator, an officer of a corporate operator, or the designated
49 agent of the operator shall constitute service. The operator shall answer the
50 complaint and request a hearing before a designated hearing officer within
51 thirty (30) days from receipt of the complaint if matters asserted in the com-
70
1 plaint are disputed. If the operator fails to answer the complaint and request
2 a hearing, the matters asserted in the complaint shall be deemed admitted by
3 the operator, and the board may proceed to cancel the reclamation plan and
4 forfeit the bond in the amount necessary to reclaim affected lands. Upon
5 request for a hearing by an operator, the board shall schedule a hearing
6 before a hearing officer appointed by the board at a time not less than thirty
7 (30) days after the date the operator requests a hearing. The board shall
8 issue subpoenas at the request of the director of the department of lands and
9 at the request of the charged operator, and the matter shall be otherwise han-
10 dled and conducted in accordance with chapter 52, title 67, Idaho Code. The
11 hearing officer shall, pursuant to said hearing, enter an order in accordance
12 with chapter 52, title 67, Idaho Code, which, if adverse to the operator,
13 shall designate a time period within which corrective action should be taken.
14 The time period designated shall be long enough to allow the operator, in the
15 exercise of reasonable diligence, to rectify any failure to comply designated
16 in said order. In the event that the operator takes such action as is neces-
17 sary to comply with the order within the time period designated in said order,
18 no further action shall be taken by the board to compel performance under the
19 act.
20 (b) Upon request of the board, the attorney general shall institute pro-
21 ceedings to have the bond of an operator forfeited for the violation by the
22 operator of an order entered pursuant to this section.
23 (c) The forfeiture of such bond shall fully satisfy all obligations of
24 the operator to reclaim the affected land under the provisions of this act. If
25 the violation involves an operator that has not furnished a bond required by
26 this act, or an operator that is not required to furnish a bond pursuant to
27 this act, or an operator who violates this act by performing an act not
28 included in the original approved reclamation plan, and such departure from
29 the plan is not subsequently approved, such operator shall be subject to a
30 civil penalty for his failure to comply with such order in the amount deter-
31 mined by the board to be the anticipated cost of reasonable reclamation of
32 affected lands.
33 (d) Notwithstanding any other provisions of this act, the board may com-
34 mence an action without bond or undertaking, in the name of the state of Idaho
35 to enjoin any operator who is conducting operations without an approved recla-
36 mation plan required by section 47-1506, Idaho Code, or without the bond
37 required by this act. The court, or a judge thereof at chambers, if satisfied
38 from the complaint or by affidavits that such acts have been or are being com-
39 mitted, shall issue a temporary restraining order without notice or bond,
40 enjoining the defendant, his agents, and employees from conducting such opera-
41 tions without said reclamation plan or bond. Upon a showing of good cause
42 therefor, the temporary restraining order may require the defendant to perform
43 reclamation of the mined area in conformity with sections 47-1509 and 47-1510,
44 Idaho Code, pending final disposition of the action. The action shall then
45 proceed as in other cases for injunctions. If it is established at trial that
46 the defendant has operated without an approved reclamation plan or bond, the
47 court shall enter, in addition to any other order, a decree enjoining the
48 defendant, his agents and employees from thereafter conducting such activities
49 or similar actions in violation of this act. The board may, in conjunction
50 with its injunctive procedures, proceed in the same or in a separate action to
51 recover from an operator who is conducting surface mining or exploration oper-
52 ations without the required plan or bond, the cost of performing the reclama-
53 tion activities required by sections 47-1509 and 47-1510, Idaho Code, from any
54 such operator who has not filed a bond to cover the cost of the reclamation
55 required.
71
1 (e) Notwithstanding any other provision of this act, the board may, with-
2 out bond or undertaking and without any administrative action, hearing or
3 decision, commence an action in the name of the state of Idaho (1) to enjoin a
4 permitted surface mining operation when, under an existing approved plan, an
5 operator violates the terms of the plan and where immediate and irreparable
6 injury, loss or damage may result to the state and (2) to recover the penal-
7 ties and to collect civil damages provided for by law.
8 (f) In addition to the procedures set forth in subsections (a), (d) and
9 (e) of this section, and in addition to the civil penalty provided in subsec-
10 tion (c) of this section, any operator who violates any of the provisions of
11 this act or rules adopted pursuant thereto, or who fails to perform the duties
12 imposed by these provisions, or who violates any determination or order pro-
13 mulgated pursuant to the provisions of this act, shall be liable to a civil
14 penalty of not less than five hundred dollars ($500) nor more than two thou-
15 sand five hundred dollars ($2,500) for each day during which such violation
16 continues, and in addition may be enjoined from continuing such violation.
17 Such penalties shall be recoverable in an action brought in the name of the
18 state of Idaho by the attorney general in the district court for the county
19 where the violation, or some part thereof, occurs, or in the district court
20 for the county wherein the defendant resides. All sums recovered shall be
21 placed in the state treasury and credited to the surface mining reclamation
22 fund, which is hereby created, to be used to reclaim affected lands and to
23 administer this act.
24 (g) Any person who wilfully and knowingly falsifies any records, informa-
25 tion, plans, specifications, or other data required by the board or wilfully
26 fails, neglects, or refuses to comply with any of the provisions of this act
27 shall be guilty of a misdemeanor and shall be punished by a fine of not less
28 than one thousand dollars ($1,000) and not more than five thousand dollars
29 ($5,000) or imprisonment not to exceed one (1) year or both.
30 (h) Reclamation plans approved by the board as of January 1, 1997, shall
31 be deemed to be in full compliance with the requirements of this act. However,
32 the board may periodically review, and revise if necessary to meet the
33 requirements of sections 47-1506, 47-1509, 47-1510 and 47-1511, Idaho Code,
34 the amount, terms and conditions of any bond when there is a material change
35 in the reclamation plan or a material change in the estimated reasonable costs
36 of reclamation determined pursuant to section 47-1512, Idaho Code. Any revi-
37 sion to the amount, terms and conditions of a bond due to a material change in
38 the reclamation plan shall apply only to the affected lands covered by the
39 material change in the reclamation plan.
40 SECTION 89. That Section 49-2203, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 49-2203. ENDORSEMENT REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS MATE-
43 RIALS. (1) Every person, including a private carrier or a common or contract
44 carrier, who operates a vehicle on any highway of this state transporting haz-
45 ardous material in such quantity and under such conditions that such vehicle
46 is required to be placarded pursuant to title 49, code of federal regulations,
47 part 172, or such vehicle's cargo is regulated by title 49, code of federal
48 regulations, part 171, or is required to meet the manifest requirements as set
49 forth under the rules of the bureau of hazardous materials, department of
50 health and welfare environmental quality, shall first procure from the depart-
51 ment an annual vehicle registration endorsement or single trip vehicle regis-
52 tration endorsement for each vehicle so driven. This registration endorsement
53 shall be available for examination and shall be displayed in accordance with
72
1 rules adopted by the department. The provisions of this section shall not
2 apply to vehicles owned by any city, county, state or federal governmental
3 department or agency or special purpose district created pursuant to law.
4 (2) The fee for an annual vehicle registration endorsement for the trans-
5 portation of hazardous materials shall be three dollars ($3.00) if purchased
6 at the time of registration or renewal, or five dollars ($5.00) if purchased
7 at any time thereafter and the fee for a single trip vehicle registration
8 endorsement shall be five dollars ($5.00). Any carrier required to pay the fee
9 assessed pursuant to this section is authorized to pass along such fee to the
10 shipping party. Vendors selling endorsements on behalf of the board shall be
11 reimbursed at the rate of forty cents (40) per endorsement. No portion of the
12 annual endorsement fee shall be prorated, reduced or transferred to another
13 vehicle.
14 (3) The operation of a vehicle, which is subject to the endorsement
15 requirements of this section, in a negligent manner is a violation of the pro-
16 visions of this chapter.
17 SECTION 90. That Section 50-1326, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 50-1326. ALL PLATS TO BEAR A SANITARY RESTRICTION -- SUBMISSION OF PLANS
20 AND SPECIFICATIONS OF WATER AND SEWAGE SYSTEMS TO STATE DEPARTMENT OF HEALTH
21 AND WELFARE ENVIRONMENTAL QUALITY -- REMOVAL OR REIMPOSITION OF SANITARY
22 RESTRICTION. For the purposes of sections 50-1326 through 50-1329, Idaho Code,
23 any plat of a subdivision filed in accordance with chapter 13, title 50, Idaho
24 Code, or in accordance with county ordinances adopted pursuant to chapter 38,
25 title 31, Idaho Code, shall be subject to the sanitary restriction. There
26 shall be placed upon the face of every plat prior to it being recorded by the
27 county clerk and recorder, the sanitary restriction, except such sanitary
28 restriction may be omitted from the plat, or if it appears on the plat, may be
29 indorsed by the county clerk and recorder as sanitary restriction satisfied,
30 when there is recorded at the time of the filing of the plat, or at any time
31 subsequent thereto, a duly acknowledged certificate of approval issued by the
32 director of the department of health and welfare environmental quality, for
33 either public water and/or public sewer facilities, or individual water and/or
34 sewage facilities for the particular land. The owner shall have the obligation
35 of submitting to the director all information necessary concerning the pro-
36 posed facilities referred to. Such certificate of approval may be issued for
37 the subdivision or any portion thereof. Until the sanitary restrictions have
38 been satisfied by the filing of said certificate of approval, no owner shall
39 construct any building or shelter on said premises which necessitates the sup-
40 plying of water or sewage facilities for persons using such premises. The san-
41 itary restrictions shall be reimposed on the plat upon the issuance of a cer-
42 tificate of disapproval after notice to the responsible party and an opportu-
43 nity to appeal, if construction is not in compliance with approved plans and
44 specifications, or the facilities do not substantially comply with regulatory
45 standards in effect at the time of facility construction.
46 SECTION 91. That Section 50-1327, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 50-1327. FILING OR RECORDING OF NONCOMPLYING MAP OR PLAT PROHIBITED. No
49 person shall offer for recording, or cause to be recorded, a plat not contain-
50 ing a sanitary restriction, unless there is submitted for record at the same
51 time the certificate of approval from the director of the department of health
73
1 and welfare environmental quality as required in section 50-1326, Idaho Code.
2 The filing and recording of a noncomplying plat shall in no way invalidate a
3 title conveyed thereunder.
4 SECTION 92. That Section 50-1328, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 50-1328. RULES FOR THE ADMINISTRATION AND ENFORCEMENT OF SANITARY
7 RESTRICTION. The state board of health and welfare environmental quality may
8 adopt rules pursuant to section 39-107(8), Idaho Code, including adoption of
9 sanitary standards necessary for administration and enforcement, pursuant to
10 section 39-108, Idaho Code, of sections 50-1326 through 50-1329, Idaho Code.
11 The rules and standards shall provide the basis for approving subdivision
12 plats for various types of water and sewage facilities, both public and indi-
13 vidual, and may be related to size of lots, contour of land, porosity of soil,
14 ground water level, pollution of water, type of construction of water and sew-
15 age facilities, and other factors for the protection of the public health or
16 the environment.
17 SECTION 93. That Section 50-1329, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 50-1329. VIOLATION A MISDEMEANOR. Any person, firm or corporation who
20 constructs, or causes to be constructed, a building or shelter prior to the
21 satisfaction of the sanitary restriction, or who installs or causes to be
22 installed water and sewer facilities thereon prior to the issuance of a cer-
23 tificate of approval by the director of the department of health and welfare
24 environmental quality, shall be guilty of a misdemeanor. Each and every day
25 that such activities are carried on in violation of this section shall consti-
26 tute a separate and distinct offense.
27 SECTION 94. That Section 50-1703, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 50-1703. POWERS CONFERRED. (a) The governing body of any municipality
30 shall have power to make or cause to be made any one (1) or more or combina-
31 tion of the following improvements:
32 (1) To establish grades and lay out, establish, open, extend and widen
33 any local, collector, arterial or other street, sidewalk, alley or off-
34 street parking facility;
35 (2) To purchase, acquire, construct, improve, repair, light, grade, pave,
36 repave, surface, resurface, curb, gutter, sewer, drain, landscape and
37 beautify any street, sidewalk or alley;
38 (3) To purchase, construct, reconstruct, extend, maintain or repair
39 bridges, sidewalks, crosswalks, driveways, culverts, sanitary sewers,
40 storm sewers, ditches, drains, conduits, flood barriers and channels for
41 sanitary and drainage purposes, or either or both thereof, with inlets or
42 outlets, manholes, catch basins, flush tanks, treatment systems and all
43 other sewer and drainage appurtenances necessary for the comfort, conve-
44 nience, health and well-being of the inhabitants of the municipality;
45 provided, that any improvements for sanitary sewer facilities shall be
46 constructed so as to conform with the general rules of the Idaho depart-
47 ment of health and welfare environmental quality;
48 (4) To construct, reconstruct, extend, maintain, or repair lines, facili-
49 ties and equipment (other than generating equipment) for street lighting
74
1 purposes or for the expansion or improvement of a previously established
2 municipally-owned electrical distribution system, to a district within the
3 boundaries of the municipality;
4 (5) To plant, or cause to be planted, set out, cultivate and maintain
5 lawns, shade trees or other landscaping;
6 (6) To cover, fence, safeguard or enclose reservoirs, canals, ditches and
7 watercourses and to construct, reconstruct, extend, line or reline, main-
8 tain and repair waterworks, reservoirs, canals, ditches, pipes, mains,
9 hydrants, and other water facilities for the purpose of supplying water
10 for domestic, irrigation and fire protection purposes, or any of them;
11 regulating, controlling or distributing the same and regulating and con-
12 trolling water and watercourses leading into the municipality;
13 (7) To acquire, construct, reconstruct, extend, maintain or repair park-
14 ing lots or other facilities for the parking of vehicles on or off
15 streets;
16 (8) To acquire, construct, reconstruct, extend, maintain or repair parks
17 and other recreational facilities;
18 (9) To remove any nonconforming existing facility or structure in the
19 areas to be improved;
20 (10) To construct, reconstruct, extend, maintain or repair optional
21 improvements;
22 (11) To acquire by purchase, gift, condemnation, or otherwise any real or
23 personal property within the limits of the municipality as in the judgment
24 of the council may be necessary or convenient in order to make any of such
25 improvements or otherwise to carry out the purposes of this chapter;
26 (12) To make any other improvements now or hereafter authorized by any
27 other law, the cost of which in whole or in part can properly be deter-
28 mined to be of particular benefit to a particular area within the munici-
29 pality;
30 (13) To construct and install all such structures, equipment and other
31 items and to do all such other work and to incur any such costs and
32 expenses as may be necessary or appropriate to complete any of such
33 improvements in a proper manner;
34 (14) To purchase, build, construct, reconstruct or otherwise improve park-
35 ing facilities and all other appurtenances necessary to provide adequate
36 off-street parking, and to that end may acquire real or personal property
37 by purchase, gift, condemnation or otherwise, and may own, possess and
38 maintain such real or personal property within the limits of the munici-
39 pality as in the judgment of the council may be necessary and convenient
40 for such purposes; and
41 (15) To acquire, purchase, build, construct or reconstruct irrigation sys-
42 tems, install underground tiling and cover open irrigation ditches.
43 (b) For the purpose of making and paying for all or a part of the cost of
44 any of such improvements (including optional improvements), the governing body
45 of a municipality may create local improvement districts within the municipal-
46 ity, levy assessments on the property within such a district which is bene-
47 fited by the making of the improvements and issue interim or registered war-
48 rants and local improvement bonds as provided in this chapter.
49 SECTION 95. That Section 55-2014, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 55-2014. TENANT ACTION FOR DAMAGES -- SPECIFIC PERFORMANCE. (1) A tenant
52 of a mobile home park may file an action against a landlord for damages and
53 specific performance for:
75
1 (a) Failure to maintain in good working order, to the terminal point of
2 service, electrical, water or sewer services supplied by the landlord;
3 (b) Maintaining the premises in a manner hazardous to the health or
4 safety of the tenant, including, but not limited to, a continuing viola-
5 tion of any of the following:
6 (i) Any rule adopted by the department of health and welfare envi-
7 ronmental quality governing public drinking water systems;
8 (ii) Any rule adopted by the department of health and welfare envi-
9 ronmental quality governing hazardous waste;
10 (iii) Any rule adopted by the public health district in which the
11 mobile home park is located governing waste water and on-site sewage
12 treatment systems;
13 (iv) Any provision of the uniform fire code, as amended by the pro-
14 visions of any fire code adopted by the county or municipality in
15 which the mobile home park is located;
16 (v) Any provision of the uniform building code, as amended by the
17 provisions of any building code adopted by the county or municipality
18 in which the mobile home park is located.
19 Nothing contained in the provisions of this subsection is intended to
20 extend the application of any such rule or code provision to a previously
21 existing condition which, as of July 1, 1993, was exempt from the enforce-
22 ment of such rule or code provision.
23 (c) Failure to return a security deposit as and when required by law;
24 (d) Breach of any term or provision of the lease or rental agreement
25 materially affecting the health and safety of the tenant, whether explic-
26 itly or implicitly a part thereof.
27 (2) Upon filing the complaint, a summons must be issued, served and
28 returned as in other actions; provided however, that in an action exclusively
29 for specific performance, at the time of issuance of the summons, the court
30 shall schedule a trial within twelve (12) days from the filing of the com-
31 plaint, and the service of the summons, complaint and trial setting on the
32 defendant shall be not less than five (5) days before the day of trial
33 appointed by the court. If the plaintiff brings an action for damages under
34 this section, or combines this action for damages with an action for specific
35 performance, the early trial provision shall not be applicable, and a summons
36 must be issued returnable as in other cases upon filing the complaint.
37 (3) In an action under this section, the plaintiff, in his complaint,
38 must set forth the facts on which he seeks to recover, describe the premises,
39 and set forth any circumstances which may have accompanied the failure or
40 breach by the landlord.
41 (4) If, upon the trial, the verdict of the jury, or, if the case be tried
42 without a jury, the finding of the court, be in favor of the plaintiff against
43 the defendant, judgment shall be entered for such special damages as may be
44 proven. General damages may be awarded but shall not exceed five hundred dol-
45 lars ($500). Judgment may also be entered requiring specific performance for
46 any breach of agreement shown by the evidence, and for costs and disburse-
47 ments.
48 (5) Before a tenant shall have standing to file an action under this sec-
49 tion, he must give his landlord three (3) days' written notice, listing each
50 failure or breach upon which his action will be premised and written demand
51 requiring performance or cure. If, within three (3) days after service of the
52 notice, any listed failure or breach has not been performed or cured by the
53 landlord, the tenant may proceed to commence an action for damages and spe-
54 cific performance.
55 (6) The notice required in subsection (5) of this section shall be served
76
1 either:
2 (a) By delivering a copy to the landlord or his agent personally; or
3 (b) If the landlord or his agent is absent from his usual place of busi-
4 ness, by leaving a copy with an employee at the usual place of business of
5 the landlord or his agent; or
6 (c) By sending a copy of the notice to the landlord or his agent by cer-
7 tified mail, return receipt requested.
8 SECTION 96. That Section 55-2714, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 55-2714. TENANT ACTION FOR DAMAGES -- SPECIFIC PERFORMANCE. (1) A tenant
11 of a floating home marina may file an action against a landlord for damages
12 and specific performance for:
13 (a) Failure to maintain in good working order, to the terminal point of
14 service, electrical, water or sewer services supplied by the landlord;
15 (b) Maintaining those portions of the premises open to use by the tenant
16 in a manner hazardous to the health or safety of the tenant including, but
17 not limited to, a continuing violation of any of the following:
18 (i) Any rule adopted by the department of health and welfare envi-
19 ronmental quality governing public drinking water systems;
20 (ii) Any rule adopted by the department of health and welfare envi-
21 ronmental quality governing hazardous waste;
22 (iii) Any rule adopted by the public health district in which the
23 floating home marina is located governing wastewater and on-site sew-
24 age treatment systems;
25 (iv) Any provisions of the uniform fire code, as amended by the pro-
26 visions of a fire code adopted by the county or municipality in which
27 the floating home marina is located;
28 (v) Any provisions of the uniform building code, as amended by the
29 provisions of any building code adopted by the state, county or
30 municipality in which the floating home marina is located.
31 (c) Material breach of any specific term of a rental agreement.
32 (2) Upon filing the complaint, a summons must be issued, served and
33 returned as in other actions. Provided however, that in an action exclusively
34 for specific performance, at the time of issuance of the summons, the court
35 shall schedule a trial within twelve (12) days from the filing of the com-
36 plaint, and the service of the summons, complaint and trial setting on the
37 defendant shall be not less than five (5) days before the day of trial
38 appointed by the court. If the plaintiff brings an action for damages with an
39 action for specific performance, the early trial provision shall not be appli-
40 cable, and a summons must be issued returnable as in other cases upon filing
41 the complaint.
42 (3) In an action under this section, the plaintiff, in his complaint,
43 must set forth facts on which he seeks to recover, describe the premises, and
44 set forth any circumstances which may have accompanied the failure or breach
45 by the landlord.
46 (4) If upon the trial, the verdict of the jury, or, if the case be tried
47 without a jury, the finding of the court, be in favor of the plaintiff against
48 the defendant, judgment shall be entered for such special damages as may be
49 proven. General damages may be awarded but shall not exceed five hundred dol-
50 lars ($500). Judgment may also be entered requiring specific performance for
51 any breach of agreement shown by the evidence and for costs and disbursements.
52 (5) Before a tenant shall have standing to file an action under this sec-
53 tion, he must give his landlord three (3) days' written notice, listing each
77
1 failure or breach upon which his action will be premised and written demand
2 requiring performance or cure. If, within three (3) days after service of the
3 notice, any listed failure or breach has not been performed or cured by the
4 landlord, or in the event of damage to the premises or other default not capa-
5 ble of cure within three (3) days and the landlord has not provided written
6 assurance to the tenant that a cure will be effected within a reasonable time,
7 the tenant may proceed to commence an action for damages and specific perfor-
8 mance.
9 (6) The notice required in subsection (5) of this section shall be served
10 either:
11 (a) By delivering a copy to the landlord or his agent personally; or
12 (b) By leaving a copy with an employee at the usual place of business of
13 the landlord or his agent if the landlord or his agent is absent from his
14 usual place of business; or
15 (c) By sending a copy of the notice to the landlord or his agent by cer-
16 tified mail, return receipt requested.
17 (7) Nothing in this section shall bar either the landlord or the tenant
18 from bringing such civil action for relief to which said party is otherwise
19 entitled.
20 SECTION 97. That Section 63-3022C, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 63-3022C. DEDUCTION FOR ALTERNATIVE ENERGY DEVICE AT RESIDENCE. (1) An
23 individual taxpayer who installs an alternative energy device to serve a place
24 of residence of the individual taxpayer in the state of Idaho may deduct from
25 taxable income the following amounts actually paid or accrued by the individ-
26 ual taxpayer: forty percent (40%) of the amount that is properly attributable
27 to the construction, reconstruction, remodeling, installation or acquisition
28 of the alternative energy device in the year when such device is completed or
29 acquired and is placed in service by the taxpayer; and twenty percent (20%)
30 per year thereafter for a period of three (3) succeeding years; provided, how-
31 ever, that said deduction shall not exceed five thousand dollars ($5,000) in
32 any one (1) taxable year.
33 (2) An individual taxpayer who purchases a residence in the state of
34 Idaho served by an alternative energy device for which none or less than all
35 of the total deduction allowable under this section has been taken, may take
36 the deduction specified in this section, or the unused balance of the deduc-
37 tion.
38 (3) As used in this section, "alternative energy device" means any system
39 or mechanism or series of mechanisms using solar radiation, wind or geothermal
40 resource as defined in section 42-4002, Idaho Code, primarily to provide heat-
41 ing, to provide cooling, to produce electrical power, or any combination
42 thereof. Alternative energy device includes a fluid to air heat pump operating
43 on a fluid reservoir heated by solar radiation or geothermal resource. Alter-
44 native energy device shall also include either a natural gas heating unit, or
45 a propane heating unit, or a wood burning stove which meets the most current
46 environmental protection agency certification, or a pellet stove which meets
47 the most current industry and state standards, and which natural gas heating
48 unit, or propane heating unit, or wood burning stove which meets the most cur-
49 rent environmental protection agency certification, or pellet stove which
50 meets the most current industry and state standards is used to replace during
51 the same tax year a wood burning stove designed for residential heating and
52 that does not meet environmental protection agency requirements for certifica-
53 tion, provided the wood burning stove is surrendered to the division depart-
78
1 ment of environmental quality of the department of health and welfare or its
2 agent for destruction in accordance with applicable federal and state rules.
3 SECTION 98. That Section 63-3024B, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 63-3024B. INCOME TAX CREDITS. (1) Eligibility for income tax credits. Any
6 owner of real property who undertakes actions approved pursuant to:
7 (a) A total maximum daily load process or equivalent processes as set
8 forth in chapter 36, title 39, Idaho Code; or
9 (b) A habitat conservation plan for the management of a species listed as
10 "endangered," "threatened," or a candidate for such listing as set forth
11 in the federal endangered species act and approved as provided in the reg-
12 ulations adopted pursuant to the federal endangered species act; or
13 (c) A plan to recover a species listed as "threatened" or "endangered"
14 pursuant to the federal endangered species act; or
15 (d) A plan for fencing recommended for approval by the local soil conser-
16 vation district that will enhance riparian habitat and water quality shall
17 be eligible for income tax credits against individual or corporate income
18 taxes as set forth in this section.
19 (2) Expenditures qualifying for income tax credits. Expenditures which
20 are eligible for income tax credits as set forth in this section shall
21 include, but not be limited to, those in the following categories:
22 (a) Fencing of riparian areas as defined in this chapter to manage live-
23 stock grazing;
24 (b) Control of erosion from natural or human caused sources of sediment
25 which exist and are not otherwise regulated under the provisions of
26 Idaho's water quality management plan;
27 (c) Removal of barriers to fish passage and installation of devices to
28 prevent fish from entering into areas where their ability to survive is
29 limited;
30 (d) Gates and fences to control access and which are installed specifi-
31 cally to aid in the management of "endangered," "threatened" or
32 "candidate" species;
33 (e) Establishment of vegetation designed to improve habitat or food
34 sources for "endangered," "threatened," or "candidate" species;
35 (f) The mechanical construction or placement of structures to create or
36 improve habitat for "endangered," "threatened," or "candidate" species; or
37 (g) Other improvements or modifications made in order to comply with any
38 action required as defined in subsection (1) of this section.
39 The state tax commission, in cooperation with the department of fish and game
40 and other appropriate federal or state agencies, shall develop rules to
41 describe the specific expenditures eligible for the income tax credits for
42 each of the categories described in this section.
43 (3) Calculation and application of income tax credits. For those expendi-
44 tures eligible for income tax credits as described in this section, the
45 credit shall be equal to one-half (1/2) of the eligible expenditures made dur-
46 ing the course of the taxable year. This amount may be applied as a credit to
47 each person's total income tax liability. In no case shall the sum of these
48 credits exceed two thousand dollars ($2,000) for a single taxable year per
49 person and in no event shall labor be included in determining the amount of
50 the tax credit. In the event of transfer of title to lands where income tax
51 credits have been taken, the application of the annual credits from previous
52 expenditures shall cease, and the new owner of the land shall not be eligible
53 to receive any income tax credits that are based upon the expenditures made by
79
1 any previous landowner. In no case shall the credit allowed under this section
2 exceed the income tax liability of the claimant. For purposes of this section,
3 a husband and wife filing a single return shall be deemed a single person.
4 (4) Review and approval of qualified expenditures. All projects and
5 expenditures which may be eligible for tax credits as set forth in this sec-
6 tion shall be reviewed by the designated agency as defined in chapter 36,
7 title 39, Idaho Code, and which are appropriate to the nature of the project
8 and expenditures for which approval is sought for the income tax credit pro-
9 vided in this section. That agency will recommend approval or disapproval of
10 the tax credits described in this section to a committee which shall include
11 one (1) representative each from the department of agriculture, the department
12 of fish and game, the soil conservation commission, and the division depart-
13 ment of environmental quality, appointed by the administrator or the director
14 of those agencies or entities, and one (1) representative from private indus-
15 try to be appointed by the governor. This committee, in consultation with the
16 basin advisory groups established in chapter 36, title 39, Idaho Code, shall
17 have the authority, by majority vote, to approve or disapprove all applica-
18 tions for tax credits as described in this section. In approving an applica-
19 tion for a tax credit, the committee shall strive to assure a reasonable dis-
20 tribution of approved credits throughout the state and among the parties that
21 are eligible for the tax credits described in this section. In no case shall
22 the committee described in this section approve, during a year, tax credits
23 which exceed two hundred fifty thousand dollars ($250,000) in total. The com-
24 mittee shall transmit its minutes and approvals to the state tax commission.
25 The committee shall notify each owner of real property in writing whether the
26 owner has been approved, or disapproved for an income tax credit pursuant to
27 this section.
28 SECTION 99. That Section 67-818, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 67-818. COORDINATION OF POLICY AND PROGRAMS RELATED TO THREATENED SPECIES
31 AND ENDANGERED SPECIES IN IDAHO. (1) There is hereby created in the office of
32 the governor, the "Office of Species Conservation." The administrator of the
33 office of species conservation shall be the official in the state designated
34 to oversee implementation of federal recovery plans, as provided in 16 U.S.C.
35 section 1533(f), and to fulfill the duties provided by this section. The
36 administrator shall be appointed by, and serve at the pleasure of, the gover-
37 nor and shall be subject to confirmation by the state senate.
38 (2) The duties of the office of species conservation shall include:
39 (a) Coordination of all state departments and divisions with duties and
40 responsibilities affecting endangered species, threatened species and spe-
41 cies petitioned to be listed;
42 (b) Coordinating state implementation and response to federal recovery
43 plans, biological opinions, guidance and projects among all state and
44 local governments in the state of Idaho;
45 (c) Participation in regional efforts to cooperatively address endangered
46 species and threatened species;
47 (d) Providing input and comment to federal and state agencies, and tribes
48 on issues relating to endangered species, threatened species, petitioned,
49 rare and declining species;
50 (e) Cooperating and consulting with the departments of fish and game and
51 parks and recreation regarding agreements pursuant to 16 U.S.C. section
52 1535;
53 (f) Negotiating agreements with federal agencies concerning endangered
80
1 species, threatened species and candidate species, including, but not lim-
2 ited to, agreements pursuant to 16 U.S.C. section 1533(d) and 16 U.S.C.
3 section 1539(a), other than those agreements negotiated pursuant to 16
4 U.S.C. section 1535;
5 (g) Providing the people of the state of Idaho with an ombudsman who can
6 listen to citizens being harmed or hindered by the regulations of the ESA
7 and direct them to the appropriate state or federal agency and/or speak on
8 their behalf, as deemed appropriate by the ombudsman, to address issues or
9 concerns related to the ESA;
10 (h) Serve as a repository for agreements and plans among governmental
11 entities in the state of Idaho to conserve threatened and endangered spe-
12 cies.
13 (3) State policy and management plans developed pursuant to this section
14 shall be developed in accordance with the following subsections:
15 (a) State policy on threatened, endangered and petitioned species and
16 state management plans shall be developed in consultation with the appro-
17 priate state agencies. The appropriate state agency for wildlife biologi-
18 cal and species management issues is the department of fish and game. The
19 appropriate state agency for plant life biological and species management
20 issues is the department of parks and recreation. The appropriate state
21 agency for timber harvest activities, oil and gas exploration activities
22 and for mining activities is the department of lands. The appropriate
23 state agencies for agricultural activities are the department of agricul-
24 ture and the soil conservation commission. The appropriate state agency
25 for public road construction is the transportation department. The appro-
26 priate state agency for water rights is the department of water resources.
27 The appropriate state agency for water quality is the division department
28 of environmental quality. in the department of health and welfare. The
29 appropriate state agency for outfitting and guiding activities is the
30 Idaho outfitters and guides licensing board;
31 (b) State management plans shall be the policy of the state of Idaho, but
32 are subject to legislative approval, amendment or rejection by concurrent
33 resolution. State management plans shall be subject to public notice and
34 comment but shall not be subject to judicial review.
35 (4) The governor's office of species conservation shall prepare a report
36 to the legislature recommending a plan to develop state conservation assess-
37 ments and strategies for rare and declining species in the state of Idaho and
38 submit that report and recommendation to the legislature. The report and rec-
39 ommendation are subject to legislative approval, amendment or rejection by
40 concurrent resolution.
41 SECTION 100. That Section 67-2917, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 67-2917. HAZARDOUS WASTE. Wherever hazardous waste, as defined in section
44 39-4403, Idaho Code, is being transported within the state, within the state
45 to without the state, or from without the state to within the state, the oper-
46 ator or owner of the motor vehicle or trailer, as defined in chapter 1, title
47 49, Idaho Code, transporting hazardous waste is hereby required to stop at
48 such ports of entry or checking stations and submit to inspection or weighing
49 for compliance with the laws of the state of Idaho. Additionally, such owner
50 or operator of the motor vehicle or trailer transporting hazardous waste is
51 hereby required and directed to allow employees of the department of health
52 and welfare environmental quality, authorized Idaho transportation department
53 employees or the state police or any peace officer on duty to inspect and
81
1 review all manifests and bills of lading to ensure that such hazardous waste
2 is being shipped in a manner which will not endanger the health, welfare or
3 safety of the citizens of the state of Idaho and is being shipped in compli-
4 ance with the laws of the state of Idaho and any rules promulgated pursuant
5 thereto.
6 SECTION 101. That Section 67-5303, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state of
9 Idaho and all employees in such departments, except those employees specifi-
10 cally defined as nonclassified, shall be classified employees, who are subject
11 to this act chapter and to the system of personnel administration which it
12 prescribes. Nonclassified employees shall be:
13 (a) Members of the state legislature and all other officers of the state
14 of Idaho elected by popular vote, and persons appointed to fill vacancies in
15 elective offices, and employees of the state legislature.
16 (b) Members of statutory boards and commissions and heads of departments
17 appointed by and serving at the pleasure of the governor, deputy directors
18 appointed by the director and members of advisory boards and councils
19 appointed by the departments.
20 (c) All employees and officers in the office, and at the residence, of
21 the governor; and all employees and officers in the offices of the lieutenant-
22 governor lieutenant governor, secretary of state, attorney general, state
23 treasurer, state controller, and state superintendent of public instruction
24 who are appointed on and after the effective date of this act chapter.
25 (d) Except as otherwise provided by law, not more than one (1) declared
26 position for each board or commission and/or head of a participating depart-
27 ment in addition to those declared to be nonclassified by other provisions of
28 law.
29 (e) Part-time professional consultants who are paid on a fee basis for
30 any form of legal, medical or other professional service, and who are not
31 engaged in the performance of administrative duties for the state.
32 (f) Judges, temporary referees, receivers and jurors.
33 (g) All employees of the Idaho supreme court and district courts.
34 (h) All employees of the Idaho state bar.
35 (i) Assistant attorneys general attached to the office of the attorney
36 general.
37 (j) Officers, members of the teaching staffs of state educational insti-
38 tutions, the professional staff of the Idaho department of education adminis-
39 tered by the board of regents and the board of education, and the professional
40 staffs of the Idaho division of professional-technical education and voca-
41 tional rehabilitation administered by the state board for professional-
42 technical education. "Teaching staff" includes teachers, coaches, resident
43 directors, librarians and those principally engaged in academic research. The
44 word "officer" means presidents, vice presidents, deans, directors, or employ-
45 ees in positions designated by the state board who receive an annual salary of
46 not less than step "A" of the pay grade equivalent to three hundred fifty-five
47 (355) Hay points in the state compensation schedule. A nonclassified employee
48 who is designated as an "officer" on July 5, 1991, but does not meet the
49 requirements of this subsection, may make a one (1) time irrevocable election
50 to remain nonclassified. Such an election must be made not later than August
51 2, 1991. When such positions become vacant, these positions will be reviewed
52 and designated as either classified or nonclassified in accordance with this
53 subsection.
82
1 (k) Employees of the military division.
2 (l) Patients, inmates or students employed in a state institution.
3 (m) Persons employed in positions established under federal grants,
4 which, by law, restrict employment eligibility to specific individuals or
5 groups on the basis of nonmerit selection requirements. Such employees shall
6 be termed "project exempt" and the tenure of their employment shall be limited
7 to the length of the project grant, or twenty-four (24) months, or four thou-
8 sand one hundred sixty (4,160) hours of credited state service, whichever is
9 of the shortest duration. No person hired on a project-exempt appointment
10 shall be employed in any position allocated to the classified service.
11 (n) Temporary employees.
12 (o) All employees and officers of the following named commodity commis-
13 sions, and all employees and officers of any commodity commission created
14 hereafter: the Idaho potato commission, as provided in chapter 12, title 22,
15 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28,
16 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29,
17 title 22, Idaho Code; the Idaho prune commission, as provided in chapter 30,
18 title 22, Idaho Code; the Idaho hop grower's commission, as provided in chap-
19 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap-
20 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided
21 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided
22 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided
23 in chapter 37, title 22, Idaho Code; the Idaho mint grower's commission, as
24 provided in chapter 38, title 22, Idaho Code; the state board of sheep commis-
25 sioners, as provided in chapter 1, title 25, Idaho Code; the state brand
26 board, as provided in chapter 11, title 25, Idaho Code; the Idaho beef coun-
27 cil, as provided in chapter 29, title 25, Idaho Code; and the Idaho dairy
28 products commission, as provided in chapter 31, title 25, Idaho Code.
29 (p) All inspectors of the fresh fruit and vegetable inspection service of
30 the Idaho department of agriculture, except those positions involved in the
31 management of the program.
32 (q) All employees of the division of correctional industries within the
33 department of correction.
34 (r) All wardens employed by the department of correction.
35 (s) All public information positions with the exception of secretarial
36 positions, in any department.
37 (t) Any division administrator.
38 (u) Any regional administrator or assistant division administrator in the
39 division department of environmental protection in the department of health
40 and welfare quality.
41 (v) All employees of the division of financial management.
42 (w) All employees of the Idaho food quality assurance institute.
43 (x) The state appellate public defender, deputy state appellate public
44 defenders and all other employees of the office of the state appellate public
45 defender.
46 (y) All quality assurance specialists or medical investigators of the
47 Idaho board of medicine.
48 SECTION 102. That Section 67-7502, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 67-7502. JURISDICTION AND AUTHORITY. This chapter shall apply to all ves-
51 sels on the waters of and over which the state of Idaho shall have jurisdic-
52 tion. The department of health and welfare environmental quality is hereby
53 granted authority to carry out the administration of the provisions of this
83
1 chapter, and to promulgate rules and regulations in compliance with chapter
2 52, title 67, Idaho Code, to effectuate that purpose.
STATEMENT OF PURPOSE
RS 10450C2
This Legislation will provide correct references throughout the
Idaho Code to both the Department of Environmental Quality and
the Board of Environmental Quality, which were created separate
from the Department of Health and Welfare in Senate Bill No.
1426, passed by the Legislature in the 2000 Session.
FISCAL IMPACT
There should be no impact on the General Fund or other state
government funds.
Contact
Name: Steve Allred, DEQ
Phone: 373-0240
Dave Mabe
373-0314
STATEMENT OF PURPOSE/FISCAL NOTE H 164