Title 39 — HEALTH AND SAFETY

39-3601. Declaration of policy and statement of legislative intent. The legislature, recognizing that surface water is one of the state’s most valuable natural resources, has approved the adoption of water quality standards and authorized the director of the department of environ…

39-3602. Definitions. Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the following meanings: (1) "Applicable water quality standard" means those water quality standards identified in the ru…

39-3603. antidegradation policy and implementation. (1) Policy. (a) Maintenance of existing uses for all waters — Tier I protection. The existing instream beneficial uses of each water body and the level of water quality necessary to protect those uses shall be maintained and pro…

39-3604. Designation of instream beneficial uses. (1) The director shall designate the beneficial uses each surface water body can reasonably be expected to attain. (2) Designated beneficial uses shall reflect existing uses. The director shall designate beneficial uses without re…

39-3605. Identification of reference streams or conditions. The director shall, in consultation with the appropriate basin advisory group, identify reference streams or conditions to assist in determining whether the designated beneficial uses of water bodies within a basin are b…

39-3605C. Environmental remediation fund established. There is hereby created in the state treasury a fund to be known as the environmental remediation fund. Surplus moneys in the environmental remediation fund shall be invested by the state treasurer in the manner provided for i…

39-3606. monitoring and Use of reference streams or conditions and beneficial use support assessment. (1) The director shall conduct monitoring to determine whether designated beneficial uses of water bodies are fully supported. In making such determinations, the director shall c…

39-3606C. Appropriation of environmental remediation fund — Purpose of chapter. Moneys in the environmental remediation fund may be used for annual legislative appropriations for the purpose of environmental cleanup and remediation and restoration in, but not limited to, the foll…

39-3607. revisions and attainability of beneficial uses. The director shall, in consultation with the appropriate basin advisory group and watershed advisory group, conduct a beneficial use attainability assessment to determine whether beneficial uses should be revised. Designate…

39-3608. Regulatory actions for water bodies where beneficial uses are fully supported. For streams or other water bodies where the director has determined that designated beneficial uses are being fully supported, the director shall assure, in a manner consistent with other exis…

39-3609. Identification of water bodies where beneficial uses are not fully supported. In accordance with the provisions set forth in the federal clean water act and after consultation with the appropriate basin advisory group and watershed advisory group, the director shall noti…

39-3610. General limitations on point and nonpoint sources for water bodies not fully supporting beneficial uses. The director shall assure, in a manner consistent with existing statutes or rules, that for each category of water body, as described in section 39-3609(1) through (3…

39-3611. Development and implementation of total maximum daily load or equivalent processes. (1) For water bodies described in section 39-3609, Idaho Code, the director shall, in accordance with the priorities set forth in section 39-3610, Idaho Code, and in accordance with secti…

39-3612. Integration of total maximum daily load processes with other programs. Upon completion of total maximum daily load processes as set forth in section 39-3611, Idaho Code, the director shall integrate such processes into the state’s water quality management plan developed …

39-3613. Creation of basin advisory groups. The director, in consultation with the designated agencies, shall name, for each of the state’s major river basins, no less than one (1) basin advisory group which shall generally advise the director on water quality objectives for each…

39-3614. Duties of the basin advisory group. Each basin advisory group shall meet as necessary to conduct the group’s business and to provide general coordination of the water quality programs of all public agencies pertinent to each basin. Duties of the basin advisory groups sha…

39-3615. Creation of watershed advisory groups. Basin advisory groups shall identify representatives of the industries and other interests affected by the management of water quality within a watershed who are prospective members of an advisory group for the watershed and shall a…

39-3616. Duties of each watershed advisory group. Each watershed advisory group shall generally be responsible for recommending those specific actions needed to control point and nonpoint sources of pollution within the watershed so that, within reasonable periods of time, design…

39-3617. Designation of outstanding resource waters. Any person may request, in writing to the board of environmental quality, that a stream segment may be considered for designation as an outstanding resource water. The board shall recommend to the legislature those stream segme…

39-3618. Restriction provisions for new nonpoint source activities on outstanding resource waters. No person shall conduct a new or substantially modify an existing nonpoint source activity that can reasonably be expected to lower the water quality of an outstanding resource wate…

39-3619. Continuation provisions for existing activities on outstanding resource waters. Existing activities may continue and shall be conducted in a manner that maintains and protects the current water quality of an outstanding resource water. The provisions of this section shal…

39-3620. Approval provisions for best management practices for new nonpoint source activities on or affecting outstanding resource waters. No person may conduct a new nonpoint source activity on or affecting an outstanding resource water, except for a short-term or temporary acti…

39-3621. Monitoring provisions. The designated agencies, in cooperation with the appropriate land management agency and the department shall ensure best management practices are monitored for their effect on water quality. The monitoring results shall be presented to the departme…

39-3622. Enforcement provisions. (1) The designated agency shall ensure that the approved outstanding resource water best management practices are implemented for new nonpoint source activities. If a person fails to obtain approval from a designated agency for a new nonpoint sour…

39-3623. Effect of rules. (1) Every rule promulgated within the authority conferred in sections 39-3617 through 39-3622, Idaho Code, shall be of temporary effect and shall become permanent only by enactment of statute at the first regular session following adoption of the rule. R…

39-3624. Declaration of policy — Designation of director. The legislature, recognizing that water is one of the state’s most valuable natural resources, has adopted water quality and public drinking water standards and authorized the director of the department of environmental qu…

39-3625. Definitions. (1) "Sewage treatment works" means any facility for the purpose of collecting, treating, neutralizing or stabilizing sewage or industrial wastes of a liquid nature, including treatment by disposal plants, the necessary intercepting, outfall and outlet sewers…

39-3626. Authorization of grants and loans — Designation of administering agency — Reservation of funds for operations — Criteria — Priority projects — Eligible projects. (1) The state of Idaho is hereby authorized to make grants and loans at or below market interest rates, as fu…

39-3627. Payments by state board of environmental quality — Contracts with municipalities and community and nonprofit noncommunity public water systems — Rules — Approval of attorney general — Audit of payments. (1) The Idaho board of environmental quality may make payments not t…

39-3628. Water pollution control fund established. There is hereby created and established in the state treasury a separate fund to be known as the water pollution control fund. The fund shall have paid into it: 1. The moneys provided for in section 63-3638, Idaho Code, that are …

39-3628A. agricultural best management practices (BMP) fund established. (1) There is hereby created and established in the state treasury the agricultural best management practices (BMP) fund. The state treasurer shall invest the idle moneys of the account, and the interest earn…

39-3628B. CONFINED ANIMAL FEEDING OPERATIONS (CAFO) IMPROVEMENT FUND ESTABLISHED. (1) There is hereby created and established in the state treasury the confined animal feeding operations (CAFO) improvement fund. The state treasurer shall invest the idle moneys of the fund, and th…

39-3629. Wastewater facility loan account established. There is hereby created and established in the agency asset fund in the state treasury an account to be known as the wastewater facility loan account. Surplus moneys in the wastewater facility loan account shall be invested b…

39-3630. Appropriation of water pollution control fund — Purpose of chapter. Moneys in the water pollution control fund are hereby perpetually appropriated for the following purposes: (1) To provide revenue for the payment of general obligation bonds issued pursuant to section 39…

39-3631. Appropriation of wastewater facility loan fund — Purpose of chapter. Moneys in the wastewater facility loan fund are hereby perpetually appropriated for the following purposes: (1) To provide loans and other forms of financial assistance authorized under title VI of the …

39-3632. Grants and loans for design, planning or construction — Limits on amount of grants and loans. (1) The board of environmental quality may divide financial assistance for eligible construction projects into separate grants, loans or a combination of grants and loans for th…

39-3633. Water pollution control bonds. (1) Water pollution control bonds, as provided by section 5, article VIII of the constitution of the state of Idaho, shall be authorized by resolution of the state board of environmental quality. The bonds may be issued in one (1) or more s…

39-3634. Cottage site defined. "Cottage site" is defined as a state owned lot containing one (1) acre or less which is or may be leased by the state of Idaho primarily for recreational or homesite use by a lessee.

39-3635. Cottage site leases — Requirements — Construction of sewage disposal facilities — Connection to water and sewer district systems — Payment of charges — Notification of defaults — Satisfaction of requirements. (1) After the effective date of sections 39-3634 through 39-36…

39-3636. Failure to provide sewage disposal — Penalties. Failure to provide certified sewage disposal as provided in section 39-3635(1), Idaho Code, or failure to connect to a district sewer system or to pay, when due, any connection fee or charge, any monthly rate, toll or charg…

39-3637. State board of environmental quality — Rules — Inspection. The state board of environmental quality shall adopt reasonable rules and standards for the installation and operation of cottage site sewage treatment facilities, and shall provide adequate inspection services s…

39-3638. Final determination by issuing department authorized. In the event of dispute or unreasonable delay on the part of lessee or the department of environmental quality, the department issuing a cottage site lease may, upon notice and hearing, make a final determination cons…

39-3639. Continuation of cottage site lease program. (1) The legislature of the state of Idaho recognizes that certain state lands are presently leased for cottage site uses and are subject to leases and contracts duly authorized by law. It is legislative intent to continue to re…

39-3640. WATER QUALITY INNOVATION AND POLLUTANT TRADING. (1) It is the policy of the state of Idaho to support water quality trading and other voluntary, cost-effective, and innovative means of attaining and maintaining water quality standards established pursuant to this chapter…