TITLE 39

HEALTH AND SAFETY

CHAPTER 1

ENVIRONMENTAL QUALITY — HEALTH

39-105.  Powers and duties of the director. The director shall have the following powers and duties:

(1)  All of the rights, powers and duties regarding environmental protection functions vested in the department of health and welfare, and its director, administered by the division of environmental quality, including but not limited to those provided by chapters 1, 4, 30, 36, 44, 58, 65, 66, 70, 71, 72 and 74, title 39, Idaho Code. The director shall have all such powers and duties as described in this section as may have been or could have been exercised by his predecessors in law and shall be the successor in law to all contractual obligations entered into by predecessors in law. All hearings of the director shall be governed by the provisions of chapter 52, title 67, Idaho Code.

(2)  The director shall, pursuant and subject to the provisions of the Idaho Code and the provisions of this act, formulate and recommend to the board rules as may be necessary to deal with problems related to water pollution, air pollution, solid waste disposal, and licensure and certification requirements pertinent thereto, which shall, upon adoption by the board, have the force of law relating to any purpose which may be necessary and feasible for enforcing the provisions of this act, including but not limited to the prevention, control or abatement of environmental pollution or degradation including radionuclides and risks to public health related to any of the powers and duties described in this section. Any such rule may be of general application throughout the state or may be limited as to times, places, circumstances or conditions in order to make due allowance for variations therein.

(3)  The director, under the rules adopted by the board, shall have the general supervision of the promotion and protection of the environment of this state. The powers and duties of the director shall include but not be limited to the following:

(a)  The issuance of licenses and permits as prescribed by law and by the rules of the board promulgated hereunder. For each air quality operating permit issued under title V of the federal clean air act and its implementing regulations, the director shall, consistent with the federal clean air act and its implementing regulations, expressly include a provision stating that compliance with the conditions of the permit shall be deemed compliance with the applicable requirements of the federal clean air act and the title V implementing regulations. The director may develop and issue general permits covering numerous similar sources, as authorized by 40 CFR 70.6(d), as amended, and as appropriate.

(b)  The enforcement of rules relating to public water supplies and administration of the drinking water loan fund pursuant to chapter 76, title 39, Idaho Code, including making loans to eligible public drinking water systems as defined in the federal safe drinking water act, as amended, and to comply with all requirements of the act, 42 U.S.C. 300f et seq., and regulations promulgated pursuant to the act. This includes but is not limited to: the development of and implementation of a capacity development strategy to ensure public drinking water systems have the technical, managerial and financial capability to comply with the national primary drinking water regulations; and the enhancement of protection of source waters for public drinking water systems.

(c)  The establishment of liaison with other governmental departments, agencies and boards in order to effectively assist other governmental entities with planning for the control of or abatement of environmental pollution. All of the rules adopted by the board hereunder shall apply to state institutions.

(d)  The supervision and administration of a system to safeguard air quality and to limit and control the emission of air contaminants.

(e)  The supervision and administration of a system to safeguard the quality of the waters of this state, including but not limited to the enforcement of rules relating to the discharge of effluent into the waters of this state and the storage, handling and transportation of solids, liquids, and gases that may cause or contribute to water pollution. For purposes of complying with the clean water act, the director may provide an exemption from additional reductions for those nonpoint sources that meet the applicable reductions set forth in an approved TMDL as defined in chapter 36, title 39, Idaho Code.

(f)  The supervision and administration of administrative units whose responsibility shall be to assist and encourage counties, cities, other governmental units, and industries in the control and abatement of environmental pollution.

(g)  The administration of solid waste disposal site and design review in accordance with the provisions of chapters 4 and 74, title 39, Idaho Code, and in particular as follows:

(i)   The issuance of a solid waste disposal site certificate in the manner provided in chapter 74, title 39, Idaho Code.

(ii)  Provide review and approval regarding the design of solid waste disposal facilities and ground water monitoring systems and approval of all applications for flexible standards as provided in 40 CFR 258, in accordance with the provisions of chapter 74, title 39, Idaho Code.

(iii) Cooperating and coordinating with operational monitoring of solid waste disposal sites by district health departments pursuant to authority established in chapters 4 and 74, title 39, Idaho Code.

(iv)  The authority granted to the director pursuant to provisions of this subsection shall be effective upon enactment of chapter 74, title 39, Idaho Code, by the legislature.

(v)   The authority to develop and propose rules as necessary to supplement details of compliance with the solid waste facilities act and applicable federal regulations, provided that such regulations shall not conflict with the provisions of this act or be more strict than the requirements established in federal law or in the solid waste facilities act.

(h)  The establishment, administration and operation of:

(i)   A network of environmental monitoring stations, independent of the United States department of energy, within and around the facilities of the Idaho national laboratory to provide authoritative auditing and analysis of emissions, discharges or releases of pollutants to the environment, including the air, water and soil from such facilities; and

(ii)  Programs within the department to utilize the data obtained from such monitoring, and any other relevant data, in the enforcement of applicable agreements, statutes and rules pertaining to such facilities and programs to review, analyze and participate in remedial decisions and other proposed actions and projects to ensure the protection of public health and the environment.

The director shall also monitor the implementation of agreements between the United States and the state of Idaho related to the operation and environmental protection obligations of the Idaho national laboratory and provide periodic information to the governor, the attorney general, the legislature and the people of Idaho concerning compliance with such agreements and obligations. The director shall have the power to enter into agreements with the United States department of energy in order to carry out the duties and authorities provided in this subsection.

(i)  The enforcement of all laws, rules, regulations, codes and standards relating to environmental protection and health.

(j)  The enhancement and protection of source waters of the state pursuant to rules of the board.

(4)  The director, when so designated by the governor, shall have the power to apply for, receive on behalf of the state, and utilize any federal aid, grants, gifts, gratuities, or moneys made available through the federal government, including but not limited to the federal water pollution control act, for use in or by the state of Idaho in relation to health and environmental protection.

(5)(a)  The director shall have the power to enter into and make contracts and agreements with any public agencies or municipal corporations for facilities, land, and equipment when such use will have a beneficial or recreational effect or be in the best interest in carrying out the duties imposed upon the department.

(b)  The director shall also have the power to enter into contracts for the expenditure of state matching funds for local purposes. This subsection will constitute the authority for public agencies or municipal corporations to enter into such contracts and expend money for the purposes delineated in such contracts.

(c)  The director shall also have the power to enter into and make voluntary contracts and agreements with public agencies, municipal corporations, and private parties for funding or reimbursement of staff and consultant costs necessary for the director to discharge his duties as provided by state statute and administrative rule. Such contracts and agreements shall be limited to a five (5) year term, however they can be renewed upon agreement of all parties. Moneys received through these contracts and agreements shall be expended pursuant to appropriation.

(6)  The director is authorized to adopt an official seal to be used on appropriate occasions, in connection with the functions of the department or the board, and such seal shall be judicially noticed. Copies of any books, records, papers or other documents in the department shall be admitted in evidence equally with the originals thereof when authenticated under such seal.

History:

[39-105, added 1972, ch. 347, sec. 5, p. 1017; am. 1974, ch. 23, sec. 49, p. 633; am. 1980, ch. 325, sec. 1, p. 821; am. 1988, ch. 47, sec. 2, p. 56; am. 1989, ch. 308, sec. 3, p. 765; am. 1991, ch. 332, sec. 2, p. 860; am. 1992, ch. 307, sec. 1, p. 915; am. 1992, ch. 331, sec. 2, p. 991; am. 1993, ch. 139, sec. 22, p. 365; am. 1993, ch. 275, sec. 4, p. 928; am. 1994, ch. 75, sec. 1, p. 156; am. 1997, ch. 26, sec. 1, p. 36; am. 1999, ch. 174, sec. 1, p. 467; am. 2000, ch. 132, sec. 8, p. 319; am. 2004, ch. 335, sec. 2, p. 1002; am. 2007, ch. 83, sec. 2, p. 222; am. 2018, ch. 169, sec. 7, p. 356; am. 2023, ch. 153, sec. 1, p. 415.]