Title 39 — HEALTH AND SAFETY

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…

39-3701. Blood donations by minors. (1) Any person who is seventeen (17) years of age or older shall be eligible to donate blood in a voluntary and noncompensatory blood program without the necessity of obtaining parental permission or authorization. (2) A person who is sixteen (…

39-3702. Exclusion or modification of warranties on anatomical tissue, organ, fluid donation services. The procurement, processing, storage, distribution, or use of whole blood, plasma, blood products, blood derivatives, bodily tissue, tissue products, organs, parts of organs or …

39-3703. Anatomical parts control. No anatomical parts of human bodies, including whole blood, plasma, blood products, blood derivatives, body tissue, organs, parts of organs or products derived therefrom, and including semen, ova and embryos, shall be used for any purpose of inj…

39-3801. Infectious, contagious, or communicable disease — Medical treatment of minor 14 years of age or older — Consent of parents or guardian unnecessary. Notwithstanding any other provision of law, a minor fourteen (14) years of age or older who may have come into contact with…

39-3901. Legislative intent. The legislature of the state of Idaho acknowledges that sterilization procedures are highly intrusive, generally irreversible and represent potentially permanent and highly significant consequences for individuals incapable of giving informed consent.…

39-3902. Definitions. For purposes of this chapter, the following words and terms have the meanings hereinafter stated: (1) "Emergency medical treatment" means immediate medical intervention required, according to the prevailing medical standards of judgment and practice within t…

39-3903. Sterilization of persons subject to this chapter. Persons subject to this chapter have the legal right to be sterilized following the entry of an order providing for sterilization and the expiration of the time allowed by law for perfecting an appeal. In no event shall p…

39-3904. Initiation of proceeding. A person subject to this chapter or any interested person may file a petition in the district court in which the person subject to this chapter resides, alleging that said person meets the requirements for sterilization.

39-3905. Appointment of counsel. Persons subject to this chapter shall have counsel at all stages of the proceedings provided for in this chapter. Unless independently provided for by the persons subject to this chapter, counsel shall be appointed by the district court which shal…

39-3906. Notice. The court shall order that the petition be served personally upon the person subject to this chapter, his or her guardian or parent, his or her counsel, his or her guardian ad litem, and such other persons as the court may designate.

39-3907. Referral to the evaluation committee. The court shall refer the petition to the evaluation committee for review and recommendation.

39-3908. Hearing. (1) The court shall set a hearing on the petition upon receipt of the recommendation of the evaluation committee and shall order that copies of the evaluation committee’s reports and notice of the time and place of the hearing be provided the person subject to t…

39-3909. Criteria. (1) The court may grant an order authorizing a specific sterilization procedure if the court finds by clear and convincing evidence that the person subject to this chapter is functionally capable of giving and withholding informed assent to the proposed sterili…

39-3910. Authorized sterilization procedure. A sterilization procedure authorized under this chapter shall not include hysterectomy or castration unless the court finds by clear and convincing evidence that hysterectomy or castration is medically necessary treatment, independent …

39-3911. Appeals. The order approving, denying or otherwise disposing of the petition for sterilization shall be appealable to the supreme court of Idaho. Such appeal may be perfected in the same manner as in civil actions. In the case of appeals from any order directing steriliz…

39-3912. Evaluation committee. (1) There is established the evaluation committee composed of persons contracted by or employees of the department of health and welfare. (2) The committee shall review and make recommendations to the court on all petitions for sterilization. In mak…

39-3913. Confidentiality of and access to records. (1) Records developed by the evaluation committee and records contained in court files of judicial proceedings brought under this chapter shall be governed by the provisions of chapter 1, title 74, Idaho Code. (2) The administrat…

39-3914. Civil and criminal immunity — Exception. When an operation shall have been performed in compliance with the provisions of this law, no physician duly licensed to, without restriction, practice medicine and surgery in this state or other person legally participating in th…

39-3915. Refusal to participate in sterilization. No hospital shall be required to furnish facilities or admit any patient for sterilization procedures if, upon determination by its governing board, it elects not to do so. No physician, nurse, technician or other employee of any …

39-4001. Enforcement of law. The administrator of the division of occupational and professional licenses shall enforce the provisions of this chapter. It shall be the responsibility and duty of the factory built structures advisory board to assist the administrator in the adminis…

39-4002. Compliance with law required. It is unlawful for any person, firm, partnership, association or corporation to sell or offer for sale within this state any manufactured home that is not manufactured in compliance with this chapter after March 8, 1971.

39-4003. Administrator — Duties. The administrator shall by rule define the term "manufactured home" to be consistent with 24 CFR 3280 (housing and urban development manufactured home construction and safety standards) and may seek assistance from the factory built structures adv…