Title 39 — HEALTH AND SAFETY

39-101. Short title. Sections 39-101 through 39-130, Idaho Code, may be known and cited as the "Idaho Environmental Protection and Health Act."

39-102. State policy on environmental protection. (1) It is hereby recognized by the legislature that the protection of the environment and the promotion of personal health are vital concerns and are therefore of great importance to the future welfare of this state. It is therefo…

39-102A. Legislative intent in creating department of environmental quality. The legislature finds and declares that: (1) The creation and establishment of the department of environmental quality to protect human health and the environment as its sole mission is in the public’s i…

39-103. 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) "Air contaminant" or "air contamination" means the presence in the outdoor atmosphere of any …

39-104. Department of environmental quality — Creation. (1) There is created and established in the state government a department of environmental quality which shall for the purposes of section 20, article IV, of the constitution of the state of Idaho be an executive department …

39-104A. Authority to make rules regulating large swine feeding operations — Financial assurances. (1) The state of Idaho is experiencing the development of large swine feeding operations which are inadequately controlled through existing state regulatory mechanisms. If not prope…

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, including but not limited to those provided by chapters 1, 4, 30, 36, 44, 58, 65, 66, 70, 71,…

39-106. Director — Additional powers and duties. The director shall, in addition to all other powers and duties inherent in the position: (1) Prescribe such policies and procedures as may be necessary for the administration of the department, the conduct and duties of the employe…

39-107. Board — Composition — Officers — Compensation — Powers — Subpoena — Depositions — Review — Rules. (1)(a) The board of environmental quality shall consist of seven (7) members who shall be appointed by the governor, with the advice and consent of the senate. The members sh…

39-107A. Real property in Bunker Hill cleanup site. Notwithstanding any other provision of law to the contrary, the department may accept transfer from the United States of any real property or interest in real property acquired by the United States for remediation purposes conce…

39-107B. Department of environmental quality fund. (1) There is hereby created a fund in the state treasury to be known as the department of environmental quality fund and all moneys deposited therein shall be available to be appropriated to the department of environmental qualit…

39-107C. Environmental protection trust fund established. The director of the department of environmental quality may receive on behalf of the department any moneys or real or personal property donated, bequeathed, devised or conditionally granted to the department. Moneys receiv…

39-107D. Rules of department or board. (1) The legislature directs that any rule formulated and recommended by the department to the board which is broader in scope or more stringent than federal law or regulations, or proposes to regulate an activity not regulated by the federal…

39-108. Investigation — Inspection — Right of entry — Violation — Enforcement — Penalty — Injunctions. (1) The director shall cause investigations to be made upon receipt of information concerning an alleged violation of this act or of any rule, permit or order promulgated thereu…

39-109. Commencement of civil enforcement actions — Criminal actions authorized — Duties of attorney general. Upon request of the director, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in secti…

39-110. Registration of persons engaged in operations or construction where air pollution is a factor — Reports. The director may require the registration of persons engaged in operations which may result in air pollution, and of persons causing, permitting or allowing constructi…

39-111. Availability of records. Any records or other information furnished to the board, department or to agents, contractors, or other representatives of the department under any provisions of this chapter shall be subject to disclosure according to chapter 1, title 74, Idaho C…

39-112. Emergency — Order — Hearing — Modification, affirmance, or setting aside. (1) Any other provision of law to the contrary notwithstanding, if the director finds that a generalized condition of air pollution exists and that it creates an imminent and substantial endangermen…

39-114. Open burning of crop residue. (1) The open burning of crop residue to develop physiological conditions conducive to increase crop yields, or to control diseases, insects, pests or weed infestations, shall be an allowable form of open burning, such that it is expressly aut…

39-115. Pollution source permits. (1) (a) The director shall have the authority to issue pollution source permits in compliance with rules established hereunder. (b) To determine the applicability of permit requirements for any major or minor air pollution source in Idaho, the de…

39-116. Compliance schedules. The director shall have the authority to issue compliance schedule orders to any person who is the source of any health hazard, air contaminant, water pollution or solid waste for which regulatory standards have been established, including regulatory…

39-116A. Compliance agreement schedules. (1) The director is hereby authorized to enter into a compliance agreement schedule with any person. An agreement entered into under this section shall not relieve any person from the obligation to comply with applicable human health and e…

39-117. Criminal violation — Penalty. (1) Any person who willfully or negligently violates any of the provisions of the non-air quality public health or environmental protection laws or the terms of any lawful notice, order, permit, standard, rule or regulation issued pursuant th…

39-118. Review of plans. (1) Except as provided by subsection (2) of this section, all plans and specifications for the construction of new sewage systems, sewage treatment plants or systems, other waste treatment or disposal facilities, public water supply systems or public wate…

39-118A. ore processing by cyanidation. (1) As used in this chapter, unless the context requires otherwise: (a) "Application" means an application for a new or major modification permit. (b) "As-built submittal" means a report regarding the constructed cyanidation facility that i…

39-118B. Relationship to federal law. The board may promulgate rules and regulations to ensure that the state of Idaho is in compliance with the provisions of the federal clean air act. To the extent that the federal clean air act sets forth or the United States environmental pro…

39-118C. Legislative findings and declaration of purpose. (1) The legislature finds that it is an obligation of the state of Idaho under title V of the clean air act to provide for an operating permit program for sources of air pollution within the state. (2) The purpose of these…

39-118D. Idaho air quality permitting fund. (1) All moneys received from fees collected from the pollution sources requiring permitting under title V of the federal clean air act amendments of 1990 shall be forwarded to the department of environmental quality and shall be paid in…

39-118E. Small business assistance. The department shall implement a small business assistance program as required in 42 U.S.C. 7661a.

39-119. Collection of fees for services. The department of environmental quality is hereby authorized to charge and collect reasonable fees, established by standards formulated by the director and approved by the board through rulemaking, for any service rendered by the departmen…

39-120. Department of Environmental quality primary administrative agency — Agency responsibilities. (1) The department of environmental quality is designated as the primary agency to coordinate and administer ground water quality protection programs for the state. (2) Recognizin…

39-121. Definitions. As used in section 39-102, Idaho Code, and in sections 39-120 through 39-127, Idaho Code: (1) "Cleanup" means removal, treatment or isolation of a contaminant from ground water through the directed efforts of humans or the removal or treatment of a contaminan…

39-126. Duties of state and local units of government. (1) All state agencies shall incorporate the adopted ground water quality protection plan in the administration of their programs and shall have such additional authority to promulgate rules to protect ground water quality as…

39-127. Application of fertilizers and pesticides. No person shall be liable for ground water contamination resulting from the application of fertilizers or pesticides if the person applies a fertilizer according to generally accepted agronomic practices, or applies a pesticide p…

39-128. Applicability — Promulgation of rules — Establishment of zones — Combustor charging composition and recordkeeping — Report to local government — Permit processing. 1. Except as provided in subsection 2 of this section, the provisions of this section shall apply to medical…

39-129. Applicability — Definition of local government and mandates — Authorization for local government agreements — Adoption of rules — Establishment of schedules — Priority of considerations — Report and recommendations. (1) The provisions of this section shall apply to local …

39-130. Removal — Remediation — Bunker hill mining and metallurgical complex superfund facility. Notwithstanding any other provision of law to the contrary, removal and remediation actions in or related to any operable unit of the Bunker Hill mining and metallurgical complex supe…

39-171. Legislative findings and purpose. The legislature of the state of Idaho finds that: (1) Wood and mill yard debris is a byproduct of wood processing and manufacturing; and (2) If properly managed, wood and mill yard debris can be put to uses that have economic and environm…

39-172. Definitions. For purposes of sections 39-171 through 39-174, Idaho Code: (1) "Committee" means the wood and mill yard debris committee. (2) "Director" means the director of the Idaho department of environmental quality. (3) "Wood or mill yard debris" means solid wood, bar…

39-173. Committee — Members — Terms. As needed, to fulfill the duties described in section 39-174, Idaho Code, the director may appoint a committee that consists of seven (7) individuals and includes: (1) One (1) representative of the department of environmental quality, who will…

39-174. Committee duties — Meetings. The committee’s duties shall include: (1) Developing a manual providing guidance for the use, storage, management and disposal of wood or mill yard debris to prevent public nuisances and minimize or prevent harmful environmental impacts. Guida…

39-175A. Legislative findings and purposes. (1) The legislature finds: (a) That navigable waters within the state are one of the state’s most valuable natural resources; (b) That it is in the public interest to promote effective and efficient regulation of the discharge of pollut…

39-175B. Relationship between state and federal law. The legislature cannot conveniently or advantageously set forth in this chapter all the requirements of all of the regulations which have been or will be established under the clean water act. However, any state permitting prog…

39-175C. Approval of Idaho Pollutant Discharge Elimination System program. (1) The department is authorized to implement an Idaho pollutant discharge elimination system (IPDES) program consistent with the requirements of this section. The program shall not include the authority t…

39-175D. IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT DECISIONS AND APPEAL OF DECISIONS. (1) Prior to making a final decision regarding Idaho pollutant discharge elimination system (IPDES) permits authorized by sections 39-175A through 39-175C, Idaho Code, the department s…

39-175E. IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM INVESTIGATION, INSPECTION AND ENFORCEMENT AUTHORITIES. (1) All investigation, inspection and enforcement authorities and requirements set forth in the environmental protection and health act, sections 39-101 through 39…

39-175F. IPDES PROGRAM FUND ESTABLISHED. (1) There is hereby created in the state treasury a fund to be known as the "IPDES Program Fund," which shall consist of all moneys received from fees collected from facilities obtaining an Idaho pollutant discharge elimination system (IPD…

39-176A. LEGISLATIVE FINDINGS. The legislature finds that: (1) A domestic supply of phosphate fertilizers is critical to our nation’s food security and Idaho’s agricultural economy; (2) The production of phosphoric acid is a key ingredient in phosphate fertilizers and, given Idah…

39-176B. SCOPE AND APPLICABILITY. (1) Nothing in this chapter shall be construed as superseding, amending, or modifying the mineral processing waste exemption provided in 40 CFR 261.4(b)(7) and IDAPA 58.01.05.005, for process wastewater and phosphogypsum from phosphoric acid prod…

39-176C. DEFINITIONS. Wherever used or referred to in sections 39-176A through 39-176F, Idaho Code, unless a different meaning clearly appears from the context: (1) "Auxiliary holding pond" (AHP) means a lined storage pond typically used to hold process wastewater for the purpose…