Idaho Code
Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH
Section 39-175D - IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT DECISIONS AND APPEAL OF DECISIONS.

39-175D. IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT DECISIONS AND APPEAL OF DECISIONS. (1) Prior to making a final decision regarding Idaho pollutant discharge elimination system (IPDES) permits authorized by sections 39-175A through 39-175C, Idaho Code, the department shall provide the public notice and an opportunity to comment on the department’s tentative decision. The department shall develop an administrative record that shall, at a minimum, include the tentative decision, all comments received, the department’s response to comments and the basis for the department’s decision. The decision-making process and the final decision with respect to IPDES permits shall not be subject to the contested case provisions set forth in chapter 52, title 67, Idaho Code.
(2) Notwithstanding any other provision of law, including without limitation, chapter 52, title 67, Idaho Code, the exclusive means of appealing the department’s final decision regarding an IPDES permit shall be as set forth in this section and in rules authorized by this section and sections 39-175A through 39-175C, Idaho Code. Any person aggrieved by the department’s final decision regarding an IPDES permit may appeal that decision. The appeal of the decision shall be heard by a hearing officer appointed by the director from a pool of hearing officers approved by the board. Hearing officers should be persons with technical expertise or experience in the issues presented in appeals. All appeals shall be based solely on the record developed by the department as required by subsection (1) of this section and the rules adopted by the board, and no further or additional evidence may be presented except as provided in rules adopted by the board.
(3) No person, including the director and hearing officer, who has or shares authority to approve all or portions of IPDES permits either in the first instance, as modified or reissued, or on appeal, shall have a conflict of interest as defined in 40 CFR 123.25(c).
(4) Any person aggrieved by a final determination of the hearing officer regarding an IPDES permit may secure judicial review by filing a petition for review as prescribed under the rules adopted by the board and the provisions of chapter 52, title 67, Idaho Code. The petition for review shall be served upon the hearing officer, the director of the department and the attorney general. Such service shall be jurisdictional, and the provisions of this section shall be the exclusive procedure for appeal.
(5) The board shall adopt rules consistent with the provisions of this section.

History:
[39-175D, added 2016, ch. 128, sec. 1, p. 373.]

Structure Idaho Code

Idaho Code

Title 39 - HEALTH AND SAFETY

Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH

Section 39-101 - SHORT TITLE.

Section 39-102 - STATE POLICY ON ENVIRONMENTAL PROTECTION.

Section 39-102A - LEGISLATIVE INTENT IN CREATING DEPARTMENT OF ENVIRONMENTAL QUALITY.

Section 39-103 - DEFINITIONS.

Section 39-104 - DEPARTMENT OF ENVIRONMENTAL QUALITY — CREATION.

Section 39-104A - AUTHORITY TO MAKE RULES REGULATING LARGE SWINE FEEDING OPERATIONS — FINANCIAL ASSURANCES.

Section 39-105 - POWERS AND DUTIES OF THE DIRECTOR.

Section 39-106 - DIRECTOR — ADDITIONAL POWERS AND DUTIES — TRANSFER AND CONTINUATION OF RULES AND OTHER PROCEEDINGS.

Section 39-107 - BOARD — COMPOSITION — OFFICERS — COMPENSATION — POWERS — SUBPOENA — DEPOSITIONS — REVIEW — RULES.

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 39-108 - INVESTIGATION — INSPECTION — RIGHT OF ENTRY — VIOLATION — ENFORCEMENT — PENALTY — INJUNCTIONS.

Section 39-109 - COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS — CRIMINAL ACTIONS AUTHORIZED — DUTIES OF ATTORNEY GENERAL.

Section 39-110 - REGISTRATION OF PERSONS ENGAGED IN OPERATIONS OR CONSTRUCTION WHERE AIR POLLUTION IS A FACTOR — REPORTS.

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 39-120 - DEPARTMENT OF ENVIRONMENTAL QUALITY PRIMARY ADMINISTRATIVE AGENCY — AGENCY RESPONSIBILITIES.

Section 39-121 - DEFINITIONS.

Section 39-126 - DUTIES OF STATE AND LOCAL UNITS OF GOVERNMENT.

Section 39-127 - APPLICATION OF FERTILIZERS AND PESTICIDES.

Section 39-128 - APPLICABILITY — PROMULGATION OF RULES — ESTABLISHMENT OF ZONES — COMBUSTOR CHARGING COMPOSITION AND RECORDKEEPING — REPORT TO LOCAL GOVERNMENT — PERMIT PROCESSING.

Section 39-129 - APPLICABILITY — DEFINITION OF LOCAL GOVERNMENT AND MANDATES — AUTHORIZATION FOR LOCAL GOVERNMENT AGREEMENTS — ADOPTION OF RULES — ESTABLISHMENT OF SCHEDULES — PRIORITY OF CONSIDERATIONS — REPORT AND RECOMMENDATIONS.

Section 39-130 - REMOVAL — REMEDIATION — BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY.

Section 39-171 - LEGISLATIVE FINDINGS AND PURPOSE.

Section 39-172 - DEFINITIONS.

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 39-175D - IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT DECISIONS AND APPEAL OF DECISIONS.

Section 39-175E - IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM INVESTIGATION, INSPECTION AND ENFORCEMENT AUTHORITIES.

Section 39-175F - IPDES PROGRAM FUND ESTABLISHED.

Section 39-176A - LEGISLATIVE FINDINGS.

Section 39-176B - SCOPE AND APPLICABILITY.

Section 39-176C - DEFINITIONS.

Section 39-176E - CONSTRUCTION REQUIREMENTS FOR NEW PHOSPHOGYPSUM STACKS — LATERAL EXPANSIONS OF EXISTING PHOSPHOGYPSUM STACKS.

Section 39-176F - PLAN — APPROVAL OR REJECTION BY DEPARTMENT.