39-117. CRIMINAL VIOLATION — PENALTY. (1) Any person who willfully or negligently violates any of the provisions of the non-air quality public health or environmental protection laws or the terms of any lawful notice, order, permit, standard, rule or regulation issued pursuant thereto shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) for each separate violation or one thousand dollars ($1,000) per day for continuing violations, whichever is greater.
(2) Any person who knowingly violates any of the provisions of the air quality public health or environmental protection laws or the terms of any lawful notice, order, permit, standard or rule issued pursuant thereto shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) per day per violation. In addition, any person who knowingly releases into the ambient air any hazardous air pollutant listed pursuant to section 112 of the federal clean air act, 42 U.S.C. 7412, or any extremely hazardous substance listed pursuant to 42 U.S.C. 11002(a)(2) that is not listed under section 112, and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury shall, upon conviction, be punished by a fine of not more than two hundred fifty thousand dollars ($250,000) per day, or by imprisonment of not more than fifteen (15) years or both such fine and imprisonment. Any person committing such violation that is an organization shall, upon conviction under this subsection, be subject to a fine of not more than one million dollars ($1,000,000) for each violation. For any air pollutant for which the environmental protection agency or the board of environmental quality has set an emissions standard or for any source for which a permit has been issued under title V of the clean air act amendments of 1990, a release of such pollutant in accordance with that standard or permit shall not constitute a violation of the provisions of this subsection.
(3) Any person who willfully or negligently violates any Idaho national pollutant discharge elimination system (NPDES) standard or limitation, permit condition or filing requirement shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) per violation or for each day of a continuing violation. Any person who knowingly makes any false statement, representation or certification in any Idaho NPDES form, in any notice or report required by an NPDES permit, or who knowingly renders inaccurate any monitoring device or method required to be maintained shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five thousand dollars ($5,000) per violation or for each day of a continuing violation.
History:
[39-117, added 1973, ch. 137, sec. 1, p. 268; am. 1986, ch. 60, sec. 8, p. 176; am. 1993, ch. 275, sec. 7, p. 937; am. 1998, ch. 125, sec. 3, p. 464; am. 2014, ch. 40, sec. 2, p. 95.]
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.