Idaho State Statutes - Idaho Attorney Directory

(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 necessary for the person to come into or maintain compliance as
expeditiously as practicable with such statutes and rules, if the person
demonstrates to the satisfaction of the department that such a schedule is
appropriate, given the factors listed in subsection (4) of this section. The
provisions of this section shall not apply where prohibited by federal or
state law.
(2) The department may propose, and the board adopt, rules necessary for
the implementation of this section.
(3) In establishing any compliance agreement schedule, the term of the
agreement shall not exceed ten (10) years, although successive agreements may
be entered into. Agreements shall provide for annual meetings between the
department and the person to reassess whether, considering the factors listed
in subsection (4) of this section, the schedule and other terms of the
agreement are still appropriate. All agreements must be signed by the director
or his designee and an authorized representative on behalf of the person. All
agreements are enforceable as orders under the provisions of this chapter.
(4) Agreements and schedules entered into under this act shall take into
account, in descending priority the:
(a) Protection of public health;
(b) Protection of environment;
(c) Ability of the person to pay for costs of compliance;
(d) Current fiscal obligations of the person;
(e) Other factors as determined by the department or the board.

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