Idaho State Statutes - Idaho Attorney Directory

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 1, 4, 30, 36, 44, 58, 62, 64,
65, 66, 70, 71, 72 and 74, title 39, Idaho Code. The director shall have all
such powers and duties as described in this section as may have been or could
have been exercised by his predecessors in law, and shall be the successor in
law to all contractual obligations entered into by predecessors in law. All
hearings of the director shall be governed by the provisions of chapter 52,
title 67, Idaho Code.
(2) The director shall, pursuant and subject to the provisions of the
Idaho Code, and the provisions of this act, formulate and recommend to the
board, rules as may be necessary to deal with problems related to water
pollution, air pollution, solid waste disposal, and licensure and
certification requirements pertinent thereto, which shall, upon adoption by
the board, have the force of the law relating to any purpose which may be
necessary and feasible for enforcing the provisions of this act, including,
but not limited to, the prevention, control or abatement of environmental
pollution or degradation including radionuclides and risks to public health
related to any of the powers and duties described in this section. Any such
rule may be of general application throughout the state or may be limited as
to times, places, circumstances or conditions in order to make due allowance
for variations therein.
(3) The director, under the rules adopted by the board, shall have the
general supervision of the promotion and protection of the environment of this
state. The powers and duties of the director shall include, but not be limited
to, the following:
(a) The issuance of licenses and permits as prescribed by law and by the
rules of the board promulgated hereunder. For each air quality operating
permit issued under title V of the federal clean air act and its
implementing regulations, the director shall, consistent with the federal
clean air act and its implementing regulations, expressly include a
provision stating that compliance with the conditions of the permit shall
be deemed compliance with the applicable requirements of the federal clean
air act and the title V implementing regulations. The director may
develop and issue general permits covering numerous similar sources, as
authorized by 40 CFR 70.6(d) as may be amended, and as appropriate.
(b) The enforcement of rules relating to public water supplies and to
administer the drinking water loan fund pursuant to chapter 76, title 39,
Idaho Code, including making loans to eligible public drinking water
systems as defined in the federal safe drinking water act as amended, and
to comply with all requirements of the act, 42 U.S.C. 300f, et seq. and
regulations promulgated pursuant to the act. This includes, but is not
limited to, the development of and implementation of a capacity
development strategy to ensure public drinking water systems have the
technical, managerial and financial capability to comply with the
national primary drinking water regulations; and the enhancement of
protection of source waters for public drinking water systems.
(c) The establishment of liaison with other governmental departments,
agencies and boards in order to effectively assist other governmental
entities with the planning for the control of or abatement of
environmental pollution. All of the rules adopted by the board hereunder
shall apply to state institutions.
(d) The supervision and administration of a system to safeguard air
quality and for limiting and controlling the emission of air contaminants.
(e) The supervision and administration of a system to safeguard the
quality of the waters of this state including, but not limited to, the
enforcement of rules relating to the discharge of effluent into the waters
of this state and the storage, handling and transportation of solids,
liquids, and gases which may cause or contribute to water pollution. For
purposes of complying with the clean water act, the director may provide
an exemption from additional reductions for those nonpoint sources that
meet the applicable reductions set forth in an approved TMDL as defined in
chapter 36, title 39, Idaho Code.
(f) The supervision and administration of administrative units whose
responsibility shall be to assist and encourage counties, cities, other
governmental units, and industries in the control of and/or abatement of
environmental pollution.
(g) The administration of solid waste disposal site and design review in
accordance with the provisions of chapter 74, title 39, Idaho Code, and
chapter 4, title 39, Idaho Code, and in particular as follows:
(i) The issuance of a solid waste disposal site certificate in the
manner provided in chapter 74, title 39, Idaho Code.
(ii) Provide review and approval regarding the design of solid waste
disposal facilities and ground water monitoring systems and approval
of all applications for flexible standards as provided in 40 CFR 258,
in accordance with the provisions of chapter 74, title 39, Idaho
Code.
(iii) Cooperating and coordinating with operational monitoring of
solid waste disposal sites by district health departments pursuant to
authority established in chapters 4 and 74, title 39, Idaho Code.
(iv) The authority granted to the director pursuant to provisions of
this subsection shall be effective upon enactment of chapter 74,
title 39, Idaho Code, by the legislature.
(v) The authority to develop and propose rules as necessary to
supplement details of compliance with the solid waste facilities act
and applicable federal regulations, provided that such regulations
shall not conflict with the provisions of this act nor shall such
regulations be more strict than the requirements established in
federal law or in the solid waste facilities act.
(h) The enforcement of all laws, rules, regulations, codes and standards
relating to environmental protection and health.
(i) The enhancement and protection of source waters of the state pursuant
to rules of the board.
(4) The director, when so designated by the governor, shall have the
power to apply for, receive on behalf of the state, and utilize any federal
aid, grants, gifts, gratuities, or moneys made available through the federal
government including, but not limited to, the federal water pollution control
act, for use in or by the state of Idaho in relation to health and
environmental protection.
(5) The director shall have the power to enter into and make contracts
and agreements with any public agencies or municipal corporation for
facilities, land, and equipment when such use will have a beneficial or
recreational effect or be in the best interest in carrying out the duties
imposed upon the department.
The director shall also have the power to enter into contracts for the
expenditure of state matching funds for local purposes. This subsection will
constitute the authority for public agencies or municipal corporations to
enter into such contracts and expend money for the purposes delineated in such
contracts.
(6) The director is authorized to adopt an official seal to be used on
appropriate occasions, in connection with the functions of the department or
the board, and such seal shall be judicially noticed. Copies of any books,
records, papers and other documents in the department shall be admitted in
evidence equally with the originals thereof when authenticated under such
seal.

Click here to visit the Official Idaho State Statutes