Title 39 — HEALTH AND SAFETY

39-7415. Standards for closure. (1) Applicability. These standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258. MSWLF units that accept waste after October 9, 1991, but cease to accept waste prior to October 9, 1993, …

39-7416. Standards for post closure care. (1) Applicability. Post closure maintenance standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258.1. (2) Post closure care shall be conducted as provided under 40 CFR 258.61.

39-7417. Financial assurance for closure, post closure care and corrective action. (1) Applicability. These requirements shall apply to new MSWLF units, existing MSWLF units and lateral expansions except as exempted in 40 CFR 258.1(d) and 258.70(a). (2) The requirements of this s…

39-7418. Modifications to sites approved under this chapter. (1) The following classes of modifications to approved sites shall require that an owner or operator amend the approved design or ground water monitoring program: (a) Lateral expansion outside the approved waste managem…

39-7419. Inspections. (1) All MSWLF units shall be subject to routine inspection by the county, director and health district in accordance with relevant provisions of the Idaho Code. (2) At intervals of not less than three (3) years, nor more than five (5) years, the owner, count…

39-7420. Violations and enforcement. (1) Failure to comply with the requirements established in this chapter, requirements of rules established pursuant to this chapter, and reasonable conditions of approval granted pursuant to this chapter shall be unlawful. Particularly with re…

39-7421. Research, development and demonstration permits. (1) The provisions of 42 U.S.C. 6945(c)(1)(B) and 40 CFR 258 allow the administrator of the United States environmental protection agency to approve state research, development and demonstration permit programs. (2) The di…

39-7501. Interstate compact on adoption and medical assistance. The interstate compact on adoption and medical assistance is hereby enacted into law and entered into by the state of Idaho as a party, and is in full force and effect between the state and other states joining the a…

39-7502. Compact administrator. Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall develop guidelines and procedures to ca…

39-7503. Supplementary agreements and financial arrangements. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement sha…

39-7504. Financial responsibility of parents of estate. The compact administrator shall take appropriate action pursuant to existing law to effect the recovery from relevant parents of estate, at the option of said administrator, of any and all costs expended by the state, or any…

39-7505. Responsibilities of enforcement. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdict…

39-7601. Authorization of loans. The director is hereby authorized to make loans at or below market interest rates, as funds are available, to any eligible public water system to assist the public water system or which will facilitate their compliance with national primary drinki…

39-7602. Disbursements by the director of loans to public water systems — Limitations on loans — Rules — Approval of the attorney general — Audit of disbursements. (1) There is hereby created the drinking water loan fund. The department of environmental quality shall use moneys f…

39-7603. Investment of funds in drinking water loan account. Surplus moneys in the drinking water loan account established by section 39-7602, Idaho Code, shall be invested by the state treasurer in the manner for idle state moneys in the state treasury as provided for in section…

39-7604. Appropriations for the drinking water loan account — Purpose of chapter. Moneys in the drinking water loan account are hereby perpetually appropriated to provide loans and other forms of financial assistance authorized under title XVI of the public health service act kno…

39-7605. Limits on the amounts and loans. The director may make loans to eligible public water systems pursuant to the requirements of this chapter and federal laws and regulations provided, that the projected disbursements for such loans would not cause the projected balance in …

39-7606. Public water system supervision fund. (1) There is hereby created in the state treasury the public water system supervision fund. Moneys in the fund shall consist of fees assessed pursuant to rules of the department on regulated public drinking water systems, federal fun…

39-7701. Legislative findings. The legislature of the state of Idaho finds that access to high quality health care services is a concern of all persons. However, access to such services is severely limited for some residents of the state, particularly those who reside in remote, …

39-7702. Definitions. As used in this chapter: (1) "Community health screening event" means an event sponsored by a school, a church, a civic club or another community organization for the purpose of providing health screenings by health care providers who are not compensated for…

39-7703. Immunity from liability for health care providers providing charitable medical care. (1) Any health care provider who voluntarily provides needed medical or health care services to any person at a free medical clinic or who provides health screenings at a community healt…

39-7704. Registration of free medical clinics — requirements. (1) Before providing volunteer health care services in this state, a free medical clinic shall register with the department of health and welfare by submitting a registration fee of fifty dollars ($50.00) and filing a …

39-7705. Costs and fees. Notwithstanding any other provision of law to the contrary, if a party names as a defendant a health care provider who has immunity pursuant to section 39-7703, Idaho Code, in a suit alleging willful or intentional misconduct or gross negligence arising o…

39-7801. Findings and purpose. (a) Cigarette smoking presents serious public health concerns to the state of Idaho ("state") and to the citizens of the state. The surgeon general has determined that smoking causes lung cancer, heart disease and other serious diseases, and that th…

39-7802. Definitions. (a) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (b) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled…

39-7803. Requirements. [EFFECTIVE UNTIL GOVERNOR’S PROCLAMATION REGARDING CONSTITUTIONALITY IS FILED WITH SECRETARY OF STATE] Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer or similar intermed…

39-7901. Short title. This act shall be known as the "Local Option Swine Facilities Siting Act."

39-7902. Legislative findings and purposes. (1) The legislature finds that: (a) The swine industry is experiencing rapid changes such as increased sophistication of production technology, increased demand for capital to maintain or expand operations, consolidation of production a…

39-7903. Definitions. As used in this chapter: (1) "Active unit" means that part of a facility or unit that has received or is receiving wastes and that has not been closed. (2) "Animal unit" is a unit of measurement equaling two and one-half (2 1/2) swine, each weighing over twe…

39-7904. Site approval required — Site approval is supplemental — Local option — Local action required for department action. (1) No person may construct or expand a large swine facility regulated by this chapter without first obtaining site approval from the director as provided…

39-7905. Application — Facilities regulated. (1) The following swine facilities must obtain site approval under this chapter: (a) New swine facilities having a one-time animal unit capacity of twenty thousand (20,000) or more animal units; and (b) Existing swine facilities that e…

39-7906. Director may make rules and contract with other agencies. (1) The director may adopt administrative rules he deems necessary or helpful to carry out the purposes of this chapter. (2) The director may enter into contracts, agreements, memorandums and other arrangements wi…

39-7907. Location guidelines. This section provides location guidelines for swine facilities regulated by this chapter. Where the location guidelines provide a specific setback distance, that distance is the minimum setback distance that may be imposed. Further setback distances …

39-7908. Site review panels established. (1) A site review panel shall be established to ensure public input in the siting process and to recommend to the director site approval, approval with conditions or rejection. (2) A panel shall consist of eight (8) members to be appointed…

39-7909. Siting application — Fee — Rules. (1) A site application shall include, in a format set forth by the director and when determined applicable by the director, the following information: (a) Name, mailing address and phone number of the facility owner; (b) Name, mailing ad…

39-7910. Duties of the director relative to applications. (1) Upon determination that a siting application is complete, the director shall: (a) Notify the permanent panel members, the city and/or county in which the swine facility site is located, the director of the department o…

39-7911. Financial assurance for closure and remediation. (1) All swine facilities regulated by section 39-104A, Idaho Code, and this chapter shall provide financial assurances demonstrating financial capability to meet requirements for closure of the facilities and remediation. …

39-7912. Director may request additional information. The applicant shall provide the director with additional information the director deems necessary to process an application, within thirty (30) days of the director’s request. The time period within which the director must act…

39-7913. Violations and enforcement. (1) The following acts are unlawful: (a) Failure to comply with this chapter and any rules of the department regulating swine facilities, and conditions of site approval granted pursuant to this chapter; (b) Knowingly making a false statement,…

39-7914. Confidentiality of records. Information obtained by a public agency pursuant to this chapter or its associated rules is subject to public disclosure pursuant to the provisions of chapter 1, title 74, Idaho Code. Information submitted under a trade secret claim may be ent…

39-7915. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application,…

39-7916. Conflicts clause. If a conflict arises between this chapter and rules of the department regulating swine facilities, the most restrictive provision shall apply.

39-8001. Short title. This chapter shall be known and may be cited as the "Idaho Uniform School Building Safety Act."

39-8002. Declaration of purpose. The purpose of this act is to assure the safety of children and others who use Idaho’s public schools by providing for a uniform school building safety code to apply to school buildings and by establishing procedures for achieving compliance with …

39-8003. Scope. This act shall apply to all facilities, existing now or constructed in the future, that are owned, leased or used for educational purposes by public school districts, charter schools, or a school for children in any grades kindergarten through twelve (12) that is …

39-8004. Definitions. As used in this act: (1) "Administrator" means the administrator of the division of occupational and professional licenses or his designated representative. (2) "Day" shall mean a calendar day unless otherwise specified. (3) "Imminent safety hazard" means a …

39-8006. Committee to develop Idaho uniform school building safety code — Interim code. (1) The committee shall develop the Idaho uniform school building safety code to be adopted by rule of the administrator pursuant to section 39-8007, Idaho Code. The Idaho uniform school build…

39-8007. Powers and duties of the administrator. (1) The administrator shall enforce the provisions of this chapter in cooperation with the superintendent of public instruction and the building code advisory board. (2) The administrator shall promulgate rules necessary to carry o…

39-8008. Additional duties of administrator — Right of inspection — Posting. (1) The administrator shall have authority under this section to enter all public school facilities covered by this chapter at reasonable times to inspect, on an annual basis, such facilities for complia…

39-8009. Injunction. Upon failure of the district superintendent, principal, board of trustees, or other person in charge to comply with the requirements stated in any notice or order relating to an imminent safety hazard or serious safety hazard, the administrator may maintain a…