Title 39 — HEALTH AND SAFETY

39-6309. Issuance of order — Assistance of peace officer — Designation of appropriate law enforcement agency. When an order is issued or a foreign protection order is recognized under this chapter upon request of the petitioner, the court may order a peace officer to accompany th…

39-6310. Order and service. (1) An order issued under this chapter along with a copy of the petition for a protection order, if the respondent has not previously received the petition, shall be personally served upon the respondent, except as provided in subsections (6), (7) and …

39-6311. Order — Transmittal to law enforcement agency — Record in Idaho public safety and security information system — Enforceability. (1) The orders issued under sections 39-6306 and 39-6308, Idaho Code, or foreign protection orders recognized under section 39-6306A, Idaho Cod…

39-6312. Violation of order — Penalties. (1) Whenever a protection order is granted and the respondent or person to be restrained had notice of the order, a violation of the provisions of the order or of a provision excluding the person from a residence shall be a misdemeanor pun…

39-6313. Order — Modification — Transmittal. Upon application with notice to all parties and after a hearing, the court may modify the terms of an existing protection order. In any situation where an order is terminated or modified before its expiration date, the clerk of the cou…

39-6314. Peace officers — Immunity. No peace officer may be held criminally or civilly liable for actions or omissions in the performance of the duties of his office under this chapter, including the enforcement of out-of-state protection orders, if the peace officer acts in good…

39-6315. Proceedings additional. Any proceedings under this chapter are in addition to other civil or criminal remedies.

39-6316. Law enforcement officers — Training, powers, duties. (1) All training provided by the peace officers standards and training academy relating to the handling of domestic violence or sexual assault complaints by law enforcement officers shall stress enforcement of criminal…

39-6317. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remainin…

39-6318. Order for transfer of wireless telephone service. (1) In order to ensure that a requesting party can maintain an existing wireless telephone number and the wireless numbers of any minor children in the care of the requesting party, a court may issue an order, after notic…

39-6501. Definitions. As used in this chapter: (1) "City" means the city where the waste tire storage site is located. (2) "County" means the county where the waste tire storage site is located. (3) "Department" means the department of environmental quality. (4) "Dispose" means t…

39-6502. Waste tire storage sites. (1) No person shall store waste tires on any public or private property in this state or in the waters of this state unless the property is a waste tire storage site as defined or otherwise exempted in this chapter. (2) Permit or local authoriza…

39-6503. Waste tire disposal. (1) No person shall dispose of waste tires on any public or private property in this state or in the waters of this state except at permitted public or private municipal solid waste landfills which have been approved to accept waste tires in their op…

39-6504. Transport of waste tires. (1) No person shall transport waste tires for storage to any location in this state other than to a waste tire storage site for which a city or county has issued a permit or other written county or city authorization in active status. (2) No per…

39-6505. Prohibited acts. No person shall advertise or represent himself/herself as being in the business of accepting waste tires for transport, storage, or disposal without being in full compliance with all the provisions of this chapter.

39-6506. Recycling and reuse of waste tires. The state of Idaho seeks to protect human health and the environment by encouraging the recycling and reuse of waste tires. Accordingly, the legislature directs the department to identify approved methods of recycling and reuse of wast…

39-6507. Penalties. Any person who knowingly stores, transports or disposes of a tire in violation of the provisions of this chapter is subject to a civil penalty of not more than five hundred dollars ($500) per violation and is subject to the provisions of the environmental prot…

39-6508. Purpose. The state of Idaho supports and encourages the reuse and recycling of waste tires. The legislature finds the paramount public interest in regulating waste tires is to protect public health and safety. In particular, the legislature is concerned with eliminating …

39-6601. Legislative intent. The legislature finds that the waters of Big Payette Lake and its watershed are threatened with deterioration due to expanding residential development, greater public use and growing land use activities, that these pressures may endanger the drinkabil…

39-6602. Definitions. Whenever used in this chapter: (1) "Citizens committee" means the committee named by the council consisting of members of the public. (2) "Council" means the "Big Payette Lake Water Quality Council" established in this chapter. (3) "Lake" means the Big Payet…

39-6603. Establishment of the Big Payette Lake Water Quality Council. There is hereby created a Big Payette Lake water quality council for the lake. It shall be the responsibility of the council to develop and implement the program created in this chapter. The council shall be as…

39-6604. Declaration of policies and purposes. The council shall develop and implement a program that includes: (1) The assembly of all historical data on water quality studies in the lake. (2) An assessment of present and projected land and water uses related to the lake. (3) Th…

39-6605. Membership. The council shall consist of nine (9) members appointed by the governor. The governor shall appoint one (1) member who shall be a Valley county commissioner at the time of their appointment, one (1) member who shall be an elected member of the McCall city gov…

39-6606. Duties of council. The council shall have the following duties: (1) To coordinate activities related to the study of water quality in the lake, the development of a water quality management plan, and the implementation of that plan until disbandment as provided herein. (…

39-6607. Organization. (1) After appointment, the members of the council shall choose one (1) member as chairman of the council and shall elect a secretary and treasurer of the council who may or may not be members of the council. The secretary and the treasurer may be one (1) pe…

39-6608. Quorum. (1) A majority of the members of the council shall constitute a quorum for the transaction of business. A majority vote of the members present shall be required to take action with respect to any matter. The vote of each member shall be individually recorded. (2)…

39-6609. Technical committee. To assist in the development of its program, the council shall create a technical committee which may include, but is not exclusively limited to, designated representatives of the public health district, city and county planning or engineering depart…

39-6610. Citizens committee. The council shall create a citizens committee comprised of citizens who express an interest in the council’s program for the lake, the study and the plan. Citizens performing volunteer services in support of the council’s program shall be automatic me…

39-6611. Lake management plan. (1) When the council has received and accepted the study, it shall make the same available to all appropriate and interested city, county, health district, state and federal agencies and to any interested individual or affected lake agency or associ…

39-6612. Accounts. (1) There is hereby created in the state treasury a dedicated fund known as the Payette Lake trust account. Moneys in the Payette Lake trust account may come from appropriations, grants, gifts, donations, use fees or such other sources as may be authorized by t…

39-6701. Legislative statement of findings and intent. (1) The legislature finds that the air quality in certain regions of the state is threatened with deterioration. This deterioration may endanger the breathability, economic potential, public health, natural beauty, recreation…

39-6702. AIR QUALITY REVIEW. (1) The department of environmental quality shall annually review and determine whether the three (3) year design value equal to or above eighty-five percent (85%) of a national ambient air quality standard, as defined by the United States environment…

39-6703. ESTABLISHMENT OF REGIONAL AIR QUALITY COUNCILS. (1) The legislature, upon receipt of the air quality review and recommendation from the department of environmental quality, may form regional air quality councils as needed to evaluate air pollution reduction actions. (2) …

39-6704. Establishment of a citizens committee. Each council established under the provisions of this chapter shall create a citizens committee comprised of citizens who express an interest in the council’s purpose and work. Citizens performing volunteer services in support of th…

39-6705. Definitions. Whenever used in this chapter: (1) "Air pollution" means air pollution as defined in section 39-103, Idaho Code. (2) "Air quality plan" means the comprehensive air quality management plan for a specified regional area as developed and modified by a regional …

39-6706. Declaration of policies and purposes. Any regional air quality council established pursuant to this chapter shall develop and implement an air quality plan in accordance with the environmental protection and health act, sections 39-101 through 39-130, Idaho Code, that in…

39-6708. Membership of a regional air quality council. (1) A council shall consist of fourteen (14) members appointed by the governor. The governor shall appoint two (2) members from each of the following categories: two (2) members who are county commissioners within the specifi…

39-6710. Quorum — Procedures. (1) A majority of the members of a regional council shall constitute a quorum for the transaction of business. A majority vote of the members present shall be required to take action with respect to any matter. (2) A regional council may adopt its ow…

39-6714. Air quality plan of a regional air quality council. (1) A regional air quality council shall develop and accept the study within one (1) year after establishment of the council. It shall make the study available to all appropriate and interested local, state and federal …

39-6715. Implementation of a regional air quality plan. To the greatest extent practicable, all Idaho state and local government agencies shall incorporate and implement the plan and its recommendations. In circumstances where any state or local government agency chooses not to i…

39-6716. Regional fund. There is hereby created in the state treasury a dedicated fund known as the "Regional Air Quality Trust Fund" which shall be referred to as the regional fund. Moneys in the regional fund may come from grants, gifts, donations, use fees or such other source…

39-6717. Savings clause. Nothing in this chapter shall alter or affect the provisions of section 39-114, Idaho Code, on the open burning of crop residue.

39-6801. SHORT TITLE. This chapter shall be known and may be cited as the "Institutional Controls Program for the Bunker Hill Mining and Metallurgical Complex Superfund Facility Act."

39-6802. ESTABLISHMENT OF INSTITUTIONAL CONTROLS PROGRAM. In accordance with the comprehensive environmental response, compensation, and liability act of 1980 (CERCLA), 42 U.S.C. 9605, as amended by the superfund amendments and reauthorization act of 1986 (SARA), P.L. 99-499, and…

39-6803. DEFINITIONS. As used in this chapter, unless a different meaning clearly appears from the context: (1) "Access restrictions" means physical barriers such as fences, barricades, curbs, barrier rocks, trenches, and temporary barriers that restrict access by vehicles, pedes…

39-6804. SCOPE AND APPLICABILITY. (1) The purpose of this chapter is to ensure that ICP activities associated with excavation and grading, such as infrastructure development and maintenance; building construction and renovation; and land development, redevelopment, or modificatio…

39-6805. STANDARDS FOR CONTAMINANT MANAGEMENT. (1) Except as otherwise provided in this chapter, contaminant management is required on all properties within the institutional controls administrative areas of OU-1, OU-2, and OU-3, including properties that have been remediated; pr…

39-6806. INSTITUTIONAL CONTROLS PROGRAM PERMIT APPLICATION AND administration. (1) An ICP permit is required for large projects and building renovations. (2) An ICP permit is required for a project that changes the use of a property containing contaminants. A new barrier or addit…

39-6807. INCONSISTENT LAWS — THIS CHAPTER CONTROLS. If any provision of this chapter is inconsistent with the provisions of any other law, general, specific, or local, the provisions of this chapter control.

39-7001. Definition of lead acid battery. For the purpose of this chapter, "lead acid battery" means a battery with a core of elemental lead and a capacity of six (6) or more volts which is suitable for use in farm equipment, construction equipment, a motor vehicle or a boat. Bat…