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." History: [39-101, added 1972, ch. 347, sec. 1, p. 1017; am. 1986, ch. 60, sec. 1, p. 170.]
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 therefore declared to be the policy of the state to provide […]
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 interest; (2) That all existing, but no new rights, powers, duties, budgets, funds, contracts, […]
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 dust, fume, mist, smoke, radionuclide, vapor, gas or other gaseous fluid or particulate […]
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 of the state government. The executive and administrative power of this […]
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 properly regulated, these facilities pose a threat to the state’s surface and ground water resources. Due to […]
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 vested in the department of health and welfare, and its director, administered by the division of environmental quality, including, but not limited to, those provided by chapters […]
39-106. DIRECTOR — ADDITIONAL POWERS AND DUTIES — TRANSFER AND CONTINUATION OF RULES AND OTHER PROCEEDINGS. (1) The director shall exercise the following powers and duties in addition to all other powers and duties inherent in the position: (a) Prescribe such policies and procedures as may be necessary for the administration of the department, the […]
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 shall serve at the pleasure of the […]
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 concerning any operable unit of the Bunker Hill Superfund Site pursuant to […]
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 quality for purposes for which the department was established. (2) All federal […]
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 received directly or derived from the sale of such property shall be held in a trust known […]
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 government, is subject to the following additional requirements: the […]
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 thereunder, and may cause to be made such other investigations as […]
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 section 39-108, Idaho Code, and to prosecute actions or proceedings for the enforcement […]
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 construction of any facility or new equipment capable of emitting air contaminants into the […]
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 Code. History: [39-111, added 1972, ch. 347, sec. 11, p. 1017; am. 1974, […]
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 endangerment to the public health or welfare constituting an emergency requiring immediate action […]
39-113. TRANSFER OF EMPLOYEES. All employees of the division of environmental quality and the INEEL oversight program of the department of health and welfare are transferred to the department of environmental quality. Such transfer shall in no manner affect the rights or privileges of any transferred employee under the public employee retirement system (chapter 13, […]
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 authorized as referenced in section 52-108, Idaho Code, as long as […]
