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 department shall develop and recommend to the board for adoption, rules that define […]
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 standards then in effect or to become effective at a future date or at […]
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 environmental protection statutes and rules, but may include an enforceable schedule for actions […]
39-116B. VEHICLE INSPECTION AND MAINTENANCE PROGRAM. [EFFECTIVE UNTIL JULY 1, 2023] (1) The board shall initiate rulemaking to provide for the implementation of a motor vehicle inspection and maintenance program to regulate and ensure control of the air pollutants and emissions from registered motor vehicles in an attainment or unclassified area as designated by the […]
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 thereto shall be guilty of a misdemeanor and upon conviction thereof shall be […]
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 water treatment systems or for material modification or expansion to existing sewage treatment […]
39-118A. ORE PROCESSING BY CYANIDATION. (1) All plans and specifications for the construction of a cyanidation facility shall be submitted to and approved by the department before construction may begin, and all construction shall be in compliance therewith. Within thirty (30) days of the completion of such construction, modification or expansion, complete and accurate plans […]
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 protection agency adopts or has adopted a specific […]
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 amendments to the environmental protection and […]
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 into the Idaho air quality permitting fund which is hereby created […]
39-118E. SMALL BUSINESS ASSISTANCE. The department shall implement a small business assistance program as required in 42 U.S.C. 7661a. History: [39-118E, added 1993, ch. 275, sec. 8, p. 937; am. 2021, ch. 321, sec. 18, p. 964.]
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 department. History: [I.C., sec. 39-119, as added by 1975, ch. 182, sec. 1, p. 499; […]
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) Recognizing that the department of water resources has the responsibility to maintain the natural resource geographic information system for […]
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 contaminant in ground water through management practice or the construction of barriers, […]
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 necessary to administer such programs which shall be in conformity with the […]
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 product registered under the federal insecticide, fungicide, rodenticide act according to label requirements, including precautionary statements, […]
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 waste combustors with a maximum rated capacity equal to or greater than […]
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 governments providing drinking water, municipal waste disposal, municipal sewage or waste water disposal or […]
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 superfund facility performed by or on behalf of the department of environmental quality shall […]
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 environmental benefits; and (3) There is a need […]
