Idaho State Statutes - Idaho Attorney Directory

(1) The legislature finds:
(a) That navigable waters within the state are one of the state's most
valuable natural resources;
(b) That it is in the public interest to promote effective and efficient
regulation of the discharge of pollutants into navigable waters, and to
explore whether the state should control such permitting decisions as
authorized under the federal clean water act;
(c) That the clean water act allows a state to develop and implement,
with approval from the United States environmental protection agency, a
national pollutant discharge elimination system (NPDES) program to be
administered by the state;
(d) That the clean water act, as amended, and regulations adopted
pursuant thereto, establish complex and detailed provisions for regulation
of those who discharge pollutants into navigable waters;
(e) That a state program to implement permitting decisions as authorized
in the clean water act, and regulations adopted pursuant thereto may
enable the state to issue flexible permits consistent with the clean water
act and avoid the existence of duplicative, overlapping or conflicting
state and federal regulatory systems;
(f) That a state program must be run with a minimum of federal
interference in permitting, inspection and enforcement activities and that
all state permitting actions under the approved state program are to be
state actions and are not subject to consultation under the endangered
species act or analysis under the provisions of the national environmental
policy act. There should be no conditions of approval of the state program
which have the effect of undermining or circumventing this principle;
(g) That the decision to accept delegation of authority from the
environmental protection agency to operate an NPDES program has
significant public policy implications that should be made by the
legislature.
(2) Therefore, it is the intent of the legislature to establish
requirements that must be satisfied prior to legislative approval of a
permitting program that complies with the clean water act and which
incorporates flexible permitting procedures and rules to be promulgated by the
board.

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