Idaho Code
Chapter 1 - ENVIRONMENTAL QUALITY — HEALTH
Section 39-176A - LEGISLATIVE FINDINGS.

39-176A. LEGISLATIVE FINDINGS. The legislature finds that:
(1) A domestic supply of phosphate fertilizers is critical to our nation’s food security and Idaho’s agricultural economy;
(2) The production of phosphoric acid is a key ingredient in phosphate fertilizers and, given Idaho’s rich supply of phosphate rock, the state is home to phosphoric acid production facilities;
(3) Phosphogypsum is a calcium sulfate by-product produced by the reaction of sulfuric acid with phosphate rock to produce phosphoric acid and is disposed of and placed in phosphogypsum stacks near phosphoric acid production facilities;
(4) The United States congress and the environmental protection agency exempted certain high-volume, low-toxicity solid wastes, including phosphogypsum and process water from phosphoric acid production, from regulation as a hazardous waste under subtitle C of the resource conservation and recovery act (42 U.S.C. 6901 et seq.), as amended; and
(5) To both facilitate and encourage the continued manufacturing of phosphate fertilizers, and to benefit the surface water and groundwater environmental resources, the legislature recognizes the need for proper design and construction of phosphogypsum stacks and phosphogypsum stack systems.

History:
[39-176A, added 2020, ch. 51, sec. 1, p. 120; am. 2021, ch. 246, sec. 1, p. 763.]

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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.