39-104. DEPARTMENT OF ENVIRONMENTAL QUALITY — CREATION. (1) There is created and established in the state government a department of environmental quality which shall for the purposes of section 20, article IV, of the constitution of the state of Idaho be an executive department of the state government. The executive and administrative power of this department shall be vested in the director of the department who shall be appointed and serve at the pleasure of the governor, with the advice and consent of the senate.
(2) The department shall be organized in such administrative divisions or regions as may be necessary in order to efficiently administer the department. Each division shall be headed by an administrator who shall be appointed by and serve at the pleasure of the director.
(3) The INL coordinator, deputy director, regional administrators and division administrators shall be nonclassified employees exempt from the provisions of chapter 53, title 67, Idaho Code.
(4) No provision of this title 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. Nothing in this title shall be construed to allow the department to establish a water right for minimum stream flows or a water right for minimum water levels in any lakes, reservoirs or impoundments. Minimum stream flows and minimum water levels may only be established pursuant to chapter 15, title 42, Idaho Code.
(5) Nothing in this title shall be construed to allow the department to establish or require minimum stream flows which would prevent any water from being diverted for irrigation purposes pursuant to existing water rights, or to establish or require minimum water levels in any lakes, reservoirs or impoundments in which any water is stored for irrigation purposes which would adversely affect existing water rights or contracts with the federal government.
History:
[(39-104) 1973, ch. 87, sec. 3, p. 137; I.C., sec. 39-104b, am. and redesig. 1974, ch. 23, sec. 48, p. 633; am. 1995, ch. 365, sec. 1, p. 1276; am. 2000, ch. 132, sec. 6, p. 318; am. 2007, ch. 83, sec. 1, p. 221.]
Structure Idaho Code
Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH
Section 39-102 - STATE POLICY ON ENVIRONMENTAL PROTECTION.
Section 39-102A - LEGISLATIVE INTENT IN CREATING DEPARTMENT OF ENVIRONMENTAL QUALITY.
Section 39-104 - DEPARTMENT OF ENVIRONMENTAL QUALITY — CREATION.
Section 39-105 - POWERS AND DUTIES OF THE DIRECTOR.
Section 39-107A - REAL PROPERTY IN BUNKER HILL CLEANUP SITE.
Section 39-107B - DEPARTMENT OF ENVIRONMENTAL QUALITY FUND.
Section 39-107C - ENVIRONMENTAL PROTECTION TRUST FUND ESTABLISHED.
Section 39-107D - RULES OF DEPARTMENT OR BOARD.
Section 39-111 - AVAILABILITY OF RECORDS.
Section 39-112 - EMERGENCY — ORDER — HEARING — MODIFICATION, AFFIRMANCE, OR SETTING ASIDE.
Section 39-113 - TRANSFER OF EMPLOYEES.
Section 39-114 - OPEN BURNING OF CROP RESIDUE.
Section 39-115 - POLLUTION SOURCE PERMITS.
Section 39-116 - COMPLIANCE SCHEDULES.
Section 39-116A - COMPLIANCE AGREEMENT SCHEDULES.
Section 39-116B - VEHICLE INSPECTION AND MAINTENANCE PROGRAM.
Section 39-117 - CRIMINAL VIOLATION — PENALTY.
Section 39-118 - REVIEW OF PLANS.
Section 39-118A - ORE PROCESSING BY CYANIDATION.
Section 39-118B - RELATIONSHIP TO FEDERAL LAW.
Section 39-118C - LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE.
Section 39-118D - IDAHO AIR QUALITY PERMITTING FUND.
Section 39-118E - SMALL BUSINESS ASSISTANCE.
Section 39-119 - COLLECTION OF FEES FOR SERVICES.
Section 39-126 - DUTIES OF STATE AND LOCAL UNITS OF GOVERNMENT.
Section 39-127 - APPLICATION OF FERTILIZERS AND PESTICIDES.
Section 39-171 - LEGISLATIVE FINDINGS AND PURPOSE.
Section 39-173 - COMMITTEE — MEMBERS — TERMS.
Section 39-174 - COMMITTEE DUTIES — MEETINGS.
Section 39-175A - LEGISLATIVE FINDINGS AND PURPOSES.
Section 39-175B - RELATIONSHIP BETWEEN STATE AND FEDERAL LAW.
Section 39-175C - APPROVAL OF IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM.
Section 39-175F - IPDES PROGRAM FUND ESTABLISHED.
Section 39-176A - LEGISLATIVE FINDINGS.
Section 39-176B - SCOPE AND APPLICABILITY.
Section 39-176C - DEFINITIONS.
Section 39-176F - PLAN — APPROVAL OR REJECTION BY DEPARTMENT.