Idaho State Statutes - Idaho Attorney Directory

(A) Whenever the director determines
that any person is in violation of any provision of this chapter or any
permit, standard, regulation, condition, requirement, compliance agreement or
order issued or promulgated pursuant to this chapter, one or more of the
following actions may be taken:
(1) ADMINISTRATIVE ENFORCEMENT ACTIONS.
(a) Notice. The director may commence an administrative enforcement
action by issuing a written notice of violation. The notice of violation
shall identify the alleged violation with specificity, shall specify each
provision of the act, rule, regulation, permit or order which has been
violated, and shall state the amount of civil penalty claimed for each
violation. The notice of violation 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
written response may be required within fifteen (15) days of receipt of
the notice of violation by the person to whom it is directed.
(b) Scheduling Compliance Conference. If a recipient of a notice of
violation contacts the department within fifteen (15) days of the receipt
of notice, the recipient shall be entitled to a compliance conference. The
conference shall be held within twenty (20) days of the date of receipt of
notice, unless a later date is agreed upon between the parties. If a
compliance conference is not requested, the director may proceed with a
civil enforcement action as provided in subsection (3) of this section.
(c) Compliance Conference. The compliance conference shall provide an
opportunity for the recipient of a notice of violation to explain the
circumstances of the alleged violation and, where appropriate, to present
a proposal for remedying damage caused by the alleged violation and for
assuring future compliance. If the recipient and the director agree on a
plan to remedy damage caused by the alleged violation and to assure future
compliance, they may enter into a consent order formalizing their
agreement. The consent order may include a provision for payment of any
agreed civil penalty.
(d) Effect of Consent Order. A consent order shall be effective
immediately upon signing by both parties and shall preclude any civil
enforcement action for the same alleged violation. If a party does not
comply with the terms of the consent order, the director may seek and
obtain in any appropriate district court specific performance of the
consent order and such other relief as authorized in this chapter.
(e) Failure to Reach Agreement on Consent Order. If the parties cannot
reach agreement on a consent order within sixty (60) days after the
receipt of the notice of violation, or if the recipient does not request a
compliance conference pursuant to subsection (A)(1)(b) of this section,
the director may commence and prosecute a civil enforcement action in
district court, in accordance with subsection (A)(3) of this section.
(2) PERMIT SUSPENSION OR REVOCATION PROCEEDINGS.
(a) Grounds. The director may revoke or temporarily suspend the permit
of any hazardous waste facility or site pursuant to the grounds provided
in subsection (6) of section 39-4409, Idaho Code.
A violation that is shown to have occurred as the result of an
unforeseeable act of God despite a permitted party's reasonable efforts to
comply with all applicable legal requirements shall not be grounds for a
suspension or revocation.
(b) Notice of Hearing. The director shall commence a permit suspension
or revocation action by giving a permitted party a written notice of
intent to suspend or revoke. The notice shall inform the permitted party
of facts or conduct which warrant suspension or revocation of the permit.
The notice, hearing, and record requirements for contested cases contained
in the Idaho administrative procedure act, chapter 52, title 67, Idaho
Code, and subsection(A)(2)(c) of this section shall apply to proceedings
initiated under this subsection. Revocation or suspension of a permit
shall become final fifteen (15) days after delivery of the notice of
intent to revoke or suspend unless the permitted party requests a hearing.
(c) Administrative Hearing Provisions.
(i) Upon a timely request by a permit holder for a hearing to review
the director's action under subsection(A)(2)(b) of this section, the
director shall promptly conduct a hearing open to the public. The
contested case provisions of the Idaho administrative procedure act
shall apply to all hearings conducted under this subsection.
(ii) The director shall have the authority to request from the
district court in and for Ada county or any other appropriate
district court the issuance of an order in the nature of a subpoena
compelling the attendance and testimony of witnesses and the
production before the director of papers, books, drawings, documents,
test results, and other evidence relevant to a permit suspension or
revocation investigation or adjudication.
(iii) After the hearing, the director shall issue a written opinion
setting forth findings of fact, conclusions of law and an order. An
aggrieved person subject to the director's order may seek its review
as a final order in a district court as provided by the Idaho
administrative procedure act. District court review of the director's
decision shall be limited to the record developed before the
director.
(3) CIVIL ENFORCEMENT ACTION. The attorney general may commence and
prosecute in district court a civil enforcement action. 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
chapter or any rule, regulation, permit, condition, requirement, consent
order, or order which has become effective pursuant to this chapter. Such
action may be brought to compel compliance with any provision of this
chapter or with any rule, regulation, permit or order promulgated
hereunder, and for any relief or remedies authorized in this chapter. The
director shall not be required to initiate or prosecute an administrative
action before the attorney general may commence and prosecute a civil
enforcement action. In addition, the attorney general may delegate this
authority regarding civil enforcement actions to the prosecuting attorney
of the county where a civil enforcement action may arise.
(B) ACTIONS AGAINST GUARANTORS. If the owner or operator is in
bankruptcy, reorganization or other arrangement pursuant to the federal
bankruptcy code, or where jurisdiction cannot be obtained over an owner or
operator likely to be solvent at the time of judgment, an action may be
brought directly against a guarantor of financial responsibility by the state
or any injured party for any claim arising from conduct for which guarantees
of financial responsibility have been made. The guarantor may invoke all
rights and defenses which would have been available to the owner or operator
and all rights and defenses normally available to the guarantor.
(C) LIMITATION OF ACTION FOR ADMINISTRATIVE AND CIVIL COURT PROCEEDINGS
BROUGHT UNDER THE PROVISIONS OF THIS CHAPTER. No civil or administrative
proceeding may be brought to recover for a violation of this chapter or any
permit, standard, regulation, condition, requirement or order issued or
promulgated pursuant to this chapter more than two (2) years after the
director had knowledge or ought reasonably to have had knowledge of the
violation.

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