Idaho State Statutes - Idaho Attorney Directory

(1) Informal administrative resolution of
noncompliance. When the director identifies items of noncompliance at a beef
cattle animal feeding operation, the deficiencies will be noted and
appropriate corrective actions will be identified and scheduled informally.
When corrective actions cannot be commenced within thirty (30) days and
completed within a reasonable time, the director may negotiate a compliance
order as specified in subsection (2)(b) of this section.
(2) (a) Administrative enforcement. Any beef cattle animal feeding
operation not complying with the provisions of this act may be assessed a
civil penalty by the director or his duly authorized agent in an
administrative enforcement action by the issuance of a notice of
noncompliance. The notice of noncompliance shall identify the alleged
violation with specificity, shall specify each provision of the act or
permit which has been violated, and shall state the amount of any civil
penalty claimed for each violation and identify appropriate corrective
action.
(b) The notice of noncompliance shall inform the person to whom it is
directed of an opportunity to confer with the director or the director's
designee in a compliance conference concerning the alleged violation. A
compliance schedule must be requested within fifteen (15) days of receipt
of the notice of noncompliance. The compliance conference shall provide an
opportunity for the recipient of a notice of noncompliance to explain the
circumstances of the alleged violation and, where appropriate, to present
a proposal for remedying damage caused by the alleged violation and
assuring future compliance. If the recipient and the director agree on a
plan to remedy damage caused by the alleged noncompliance and to assure
future compliance, they may enter into a compliance order formalizing
their agreement. The compliance order may include a schedule to correct
deficiencies and a provision providing for payment of any agreed civil
penalty.
(c) A compliance order shall be effective immediately upon signing by
both parties and shall preclude any civil enforcement action for the same
alleged noncompliance. If a party does not comply with the terms of the
compliance order, the director may seek and obtain, in any appropriate
district court, specific performance of the compliance order and such
other relief as authorized in this act.
(d) If the parties cannot reach agreement on a compliance order within
sixty (60) days after the receipt of the notice of noncompliance, or if
the recipient does not timely request a compliance conference under this
section, the director may commence and prosecute a civil enforcement
action in district court, in accordance with subsection (3) of this
section.
(3) Civil enforcement. The director may initiate a civil enforcement
action through the attorney general. Civil enforcement actions shall be
commenced and prosecuted in the district court in and for the county in which
the alleged violation occurred, and may be brought against any person who is
alleged to have violated any provision of this act or any permit or order
which has become effective pursuant to this act. Such action may be brought to
compel compliance with any provision of this act or with any permit or order
promulgated hereunder and for any relief or remedies authorized in this act.
No civil or administrative proceeding may be brought to recover for a
violation of any provision of this act or a violation of any permit or order
issued pursuant to this act, more than two (2) years after the director had
knowledge or ought reasonably to have had knowledge of the violation.
(4) Civil penalty. Any person determined in a civil enforcement action to
have violated any provision of this act or any permit or order promulgated
pursuant to this act shall be liable for a civil penalty not to exceed ten
thousand dollars ($10,000) per violation or one thousand dollars ($1,000) for
each day of a continuing violation. The method of recovery of said penalty
shall be by a civil enforcement action in the district court in and for the
county where the violation occurred. Moneys collected for violations of this
section or rules promulgated thereunder shall be deposited in the state
treasury and credited to the state school building fund. The imposition or
computation of monetary penalties shall take into account the seriousness of
the violation, good faith efforts to comply with the law, the economic impact
of the penalty on the violator, the economic benefit, if any, of the violation
and such other matters as justice requires.

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