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S1105.............................................by RESOURCES AND ENVIRONMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY - Amends existing law relating to the
powers and duties of the director of the Department of Environmental Quality
to authorize the incorporation or adoption of pollutant trading requirements
in rules of the Department.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1105
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMEN-
3 TAL QUALITY; AMENDING SECTION 39-105, IDAHO CODE, TO AUTHORIZE INCORPORA-
4 TION OR ADOPTION OF POLLUTANT TRADING REQUIREMENTS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 39-105, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-105. POWERS AND DUTIES OF THE DIRECTOR. The director shall have the
9 following powers and duties:
10 (1) All of the rights, powers and duties regarding environmental protec-
11 tion functions vested in the department of health and welfare, and its direc-
12 tor, administered by the division of environmental quality, including, but not
13 limited to, those provided by chapters 1, 4, 30, 36, 44, 58, 62, 64, 65, 66,
14 70, 71, 72 and 74, title 39, Idaho Code. The director shall have all such
15 powers and duties as described in this section as may have been or could have
16 been exercised by his predecessors in law, and shall be the successor in law
17 to all contractual obligations entered into by predecessors in law. All hear-
18 ings of the director shall be governed by the provisions of chapter 52, title
19 67, Idaho Code.
20 (2) The director shall, pursuant and subject to the provisions of the
21 Idaho Code, and the provisions of this act, formulate and recommend to the
22 board, rules as may be necessary to deal with problems related to water pollu-
23 tion, air pollution, solid waste disposal, and licensure and certification
24 requirements pertinent thereto, which shall, upon adoption by the board, have
25 the force of the law relating to any purpose which may be necessary and feasi-
26 ble for enforcing the provisions of this act, including, but not limited to,
27 the prevention, control or abatement of environmental pollution or degradation
28 including radionuclides and risks to public health related to any of the
29 powers and duties described in this section. Any such rule may be of general
30 application throughout the state or may be limited as to times, places, cir-
31 cumstances or conditions in order to make due allowance for variations
32 therein.
33 (3) The director, under the rules adopted by the board, shall have the
34 general supervision of the promotion and protection of the environment of this
35 state. The powers and duties of the director shall include, but not be limited
36 to, the following:
37 (a) The issuance of licenses and permits as prescribed by law and by the
38 rules of the board promulgated hereunder. For each air quality operating
39 permit issued under title V of the federal clean air act and its imple-
40 menting regulations, the director shall, consistent with the federal clean
41 air act and its implementing regulations, expressly include a provision
42 stating that compliance with the conditions of the permit shall be deemed
43 compliance with the applicable requirements of the federal clean air act
2
1 and the title V implementing regulations. The director may develop and
2 issue general permits covering numerous similar sources, as authorized by
3 40 CFR 70.6(d) as may be amended, and as appropriate.
4 (b) The enforcement of rules relating to public water supplies and to
5 administer the drinking water loan fund pursuant to chapter 76, title 39,
6 Idaho Code, including making loans to eligible public drinking water sys-
7 tems as defined in the federal safe drinking water act as amended, and to
8 comply with all requirements of the act, 42 U.S.C. 300f, et seq. and regu-
9 lations promulgated pursuant to the act. This includes, but is not limited
10 to, the adoption and implementation of an operator certification program;
11 the development of and implementation of a capacity development strategy
12 to ensure public drinking water systems have the technical, managerial and
13 financial capability to comply with the national primary drinking water
14 regulations; and the enhancement of protection of source waters for public
15 drinking water systems.
16 (c) The establishment of liaison with other governmental departments,
17 agencies and boards in order to effectively assist other governmental
18 entities with the planning for the control of or abatement of environmen-
19 tal pollution. All of the rules adopted by the board hereunder shall apply
20 to state institutions.
21 (d) The supervision and administration of a system to safeguard air qual-
22 ity and for limiting and controlling the emission of air contaminants.
23 (e) The supervision and administration of a system to safeguard the qual-
24 ity of the waters of this state including, but not limited to, the
25 enforcement of rules relating to the discharge of effluent into the waters
26 of this state and the storage, handling and transportation of solids, liq-
27 uids, and gases which may cause or contribute to water pollution. For pur-
28 poses of complying with the clean water act, the director may provide an
29 exemption from additional reductions for those nonpoint sources that meet
30 the applicable reductions set forth in an approved TMDL as defined in
31 chapter 36, title 39, Idaho Code. In addition, pollutant trading require-
32 ments may be set forth in a document that may be incorporated or adopted
33 by reference in the rules of the department.
34 (f) The supervision and administration of administrative units whose
35 responsibility shall be to assist and encourage counties, cities, other
36 governmental units, and industries in the control of and/or abatement of
37 environmental pollution.
38 (g) The administration of solid waste disposal site and design review in
39 accordance with the provisions of chapter 74, title 39, Idaho Code, and
40 chapter 4, title 39, Idaho Code, and in particular as follows:
41 (i) The issuance of a solid waste disposal site certificate in the
42 manner provided in chapter 74, title 39, Idaho Code.
43 (ii) Provide review and approval regarding the design of solid waste
44 disposal facilities and ground water monitoring systems and approval
45 of all applications for flexible standards as provided in 40 CFR 258,
46 in accordance with the provisions of chapter 74, title 39, Idaho
47 Code.
48 (iii) Cooperating and coordinating with operational monitoring of
49 solid waste disposal sites by district health departments pursuant to
50 authority established in chapters 4 and 74, title 39, Idaho Code.
51 (iv) The authority granted to the director pursuant to provisions of
52 this subsection shall be effective upon enactment of chapter 74,
53 title 39, Idaho Code, by the legislature.
54 (v) The authority to develop and propose rules as necessary to sup-
55 plement details of compliance with the solid waste facilities act and
3
1 applicable federal regulations, provided that such regulations shall
2 not conflict with the provisions of this act nor shall such regula-
3 tions be more strict than the requirements established in federal law
4 or in the solid waste facilities act.
5 (h) The enforcement of all laws, rules, regulations, codes and standards
6 relating to environmental protection and health.
7 (i) The adoption and implementation of a public wastewater operator cer-
8 tification program to ensure the operators of public wastewater treatment
9 facilities have the technical expertise and certification to comply with
10 federal regulations and state rules dealing with wastewater; and the
11 enhancement and protection of source waters of the state pursuant to rules
12 of the board.
13 (4) The director, when so designated by the governor, shall have the
14 power to apply for, receive on behalf of the state, and utilize any federal
15 aid, grants, gifts, gratuities, or moneys made available through the federal
16 government including, but not limited to, the federal water pollution control
17 act, for use in or by the state of Idaho in relation to health and environmen-
18 tal protection.
19 (5) The director shall have the power to enter into and make contracts
20 and agreements with any public agencies or municipal corporation for facili-
21 ties, land, and equipment when such use will have a beneficial or recreational
22 effect or be in the best interest in carrying out the duties imposed upon the
23 department.
24 The director shall also have the power to enter into contracts for the
25 expenditure of state matching funds for local purposes. This subsection will
26 constitute the authority for public agencies or municipal corporations to
27 enter into such contracts and expend money for the purposes delineated in such
28 contracts.
29 (6) The director is authorized to adopt an official seal to be used on
30 appropriate occasions, in connection with the functions of the department or
31 the board, and such seal shall be judicially noticed. Copies of any books,
32 records, papers and other documents in the department shall be admitted in
33 evidence equally with the originals thereof when authenticated under such
34 seal.
Statement of Purpose/Fiscal Impact
RS 12894
This bill amends Section 39-105, Idaho Code, relating to the powers and duties
of the Director of the Department of Environmental Quality to allow for the
incorporation by reference of pollutant trading requirements into the department's
rules. Incorporation by reference eliminates a cumbersome, expensive, and
otherwise inexpedient process of adopting the requirements into rules.
Incorporation by reference is provided for in Section 67-5229, Idaho Code, Idaho
Administrative Procedures Act.
FISCAL NOTE
This bill will not have an impact on state funds.
Contact: David Mabe/Susan Burke
Agency: Department of Environmental Quality
State Water Quality Programs
Phone: (208) 373-0574
STATEMENT OF PURPOSE/FISCAL NOTE S 110