Idaho State Statutes - Idaho Attorney Directory

(1) If it
is determined by the department that any person who engages in or allows crop
residue burning of a field or fields required to be registered pursuant to
section 22-4803(3), Idaho Code, has violated any provision of this chapter,
that person shall be deemed to have committed a first time violation, provided
that the person has not, within the previous three (3) years been determined
by the department to have committed a violation of the provisions of this
chapter.
(a) The department shall provide the person determined to have committed
the violation with written notice of the violation and an opportunity for
a hearing pursuant to the Idaho administrative procedure act, chapter 52,
title 67, Idaho Code.
(b) Any person determined to have committed a first time violation shall
be prohibited from crop residue burning for a period of one (1) year from
the date of the violation. The prohibition shall include all fields
located within the state of Idaho that are owned or controlled by the
violating party, whether or not previously registered.
(2) Any person, after having been determined to have committed a first
time violation pursuant to the provisions of this section, shall be deemed to
have committed a subsequent violation if the person is determined by the
department to have committed a subsequent violation within a three (3) year
period of time from the time of the first violation.
(a) Those persons having been determined to have committed a subsequent
violation, shall be assessed a civil penalty by the department or its duly
authorized agent, in an amount not to exceed ten thousand dollars
($10,000) for each offense, and shall be liable for reasonable attorney's
fees and costs incurred by the department associated with assessment of
the civil penalty.
(b) Assessment of a civil penalty as provided herein may be made in
conjunction with any other department administrative action and shall be
based on the severity of the offense and the degree of cooperation with
the department.
(c) No civil penalty may be imposed unless the person charged was given
notice and opportunity for a hearing pursuant to the Idaho administrative
procedure act, chapter 52, title 67, Idaho Code.
(d) In the event the department is unable to collect the civil penalty,
or if any person fails to pay all or a set portion of a civil penalty as
determined by the department, then the department may commence and
prosecute an action to compel payment of the penalty in the district court
in and for the county in which the violation occurred.
(e) Any person against whom the department has assessed a civil penalty
under this section may, within thirty (30) days of the final action making
the assessment, appeal the assessment to the district court of the county
in which the violation is alleged by the department to have occurred.
(f) Moneys collected for violations shall be deposited in the state
treasury and credited to the state agricultural smoke management account
created in section 22-4804, Idaho Code.
(g) The imposition or computation of monetary penalties shall take into
account the seriousness of the violation, good faith efforts to comply
with the law, and other mitigating factors. The director shall prepare a
written report setting forth the basis upon which any monetary penalty is
imposed and/or computed and shall retain the report on file with the
department.
(3) The director, or his designee is authorized to enter upon public or
private property for the purpose of investigating or inspecting for possible
violations. All inspections and investigations conducted under the authority
of this chapter shall be performed in conformity with the prohibitions against
unreasonable searches and seizures contained in the fourth amendment to the
constitution of the United States and section 17, article I, of the
constitution of the state of Idaho.
(4) No civil or administrative proceeding may be brought to recover for a
violation of any provision of this chapter or any rule promulgated pursuant to
this chapter more than two (2) years after the director had knowledge or ought
reasonably to have had knowledge of the violation.
(5) The department shall investigate all agricultural field burning and
crop residue disposal complaints lodged against persons conducting burning in
Kootenai, Benewah, Boundary, Bonner, Shoshone, Latah, Clearwater, Nez Perce,
Lewis and Idaho counties. Provided however, that should multiple complaints be
lodged relating to agricultural field burning or crop residue disposal
regarding the same location, date and time, then the department shall only be
required to complete one (1) investigation. A complaint must include the name,
address and telephone number of the complainant. Complaints pursuant to this
section are a public record open to public inspection and copying pursuant to
chapter 3, title 9, Idaho Code.
(6) Crop residue burning conducted in accordance with section 22-4803,
Idaho Code, shall not constitute a private or public nuisance or constitute a
trespass. Nothing in this chapter shall be construed to create a private cause
of action against any person who engages in or allows crop residue burning of
a field or fields required to be registered pursuant to section 22-4803(3),
Idaho Code, provided such activities are conducted in accordance with chapter
48, title 22, Idaho Code, and rules promulgated thereunder.

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