Idaho State Statutes - Idaho Attorney Directory

(1) The department is
authorized to explore whether the state should operate an NPDES program by
evaluating the costs and benefits to the state, of such a program, consistent
with the requirements of this section. The department shall prepare a report
to the legislature as to its findings by December 31, 2005.
(2) The board is authorized to proceed with negotiated rulemaking and all
other actions that may eventually be necessary to obtain approval of a state
NPDES program by the United States environmental protection agency.
(3) The director shall not execute a memorandum of agreement with the
United States environmental protection agency to obtain NPDES program approval
as specified under section 402 of the clean water act and 40 CFR 123 until
completion of any required consultation and issuance of any final biological
opinion or biological assessment under the endangered species act.
(4) Any memorandum of agreement executed by the director to obtain
approval to operate a state NPDES program shall not be binding on the state of
Idaho unless authorized by enactment of a statute. Any memorandum of agreement
not authorized in the above manner shall be of no force and effect.
(5) Implementation of a state NPDES program shall not occur prior to
statutory enactment of implementing legislation and authorization of a
memorandum of agreement as specified in subsection (4) of this section.
(6) No provision of this chapter shall be interpreted as to supersede,
abrogate, injure or create rights to divert or store water and apply water to
beneficial uses established under section 3, article XV, of the constitution
of the state of Idaho, and title 42, Idaho Code.
(7) Nothing in this section is intended to supersede any existing
agreements between federal, state or local agencies regarding authority over
inspections, enforcement or other obligations under the clean water act.

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