2003 Legislation
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SENATE BILL NO. 1105 – DEQ, rules, pollutant trading reqmt


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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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                       IN THE SENATE
                                    SENATE BILL NO. 1105
  1                                        AN ACT
  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
  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
  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

                       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