39-3606. MONITORING AND USE OF REFERENCE STREAMS OR CONDITIONS AND BENEFICIAL USE SUPPORT ASSESSMENT. (1) The director shall conduct monitoring to determine whether designated beneficial uses of water bodies are fully supported. In making such determinations, the director shall consult with the basin advisory group and the watershed advisory group with the responsibilities described in this chapter for the water body. The director shall use the appropriate water quality standards as identified in the rules of the department and shall compare the physical, chemical and biological measures of the water body with the reference stream or condition appropriate to the land type, land uses, hydrology, water uses and geophysical features of the water body as described in section 39-3605(2), Idaho Code. If the water body has such physical, chemical or biological measures as the reference stream or condition, even though such measures may be diminished from the conditions set forth in section 39-3605(1), Idaho Code, then the director shall deem the designated beneficial uses for the water body to be fully supported and as having achieved the objectives of the federal clean water act and of this chapter. When site-specific standards have been developed for an activity pursuant to the rules of the department, the use of reference streams as described in this section shall not be necessary.
(2) The physical, geological, hydrological, atmospheric, chemical or biological measures of a water body to be used to determine whether beneficial uses are fully supported may include, but are not limited to: stream width, stream depth, stream shade, sediment, bank stability, water flows, physical characteristics of the stream that affect habitat for fish, macroinvertebrate species or other aquatic life, and the variety and number of fish or other aquatic life.
History:
[39-3606, added 1995, ch. 352, sec. 1, p. 1171; am. 1997, ch. 279, sec. 4, p. 833; am. 2013, ch. 348, sec. 4, p. 946.]
Structure Idaho Code
Section 39-3601 - DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT.
Section 39-3602 - DEFINITIONS.
Section 39-3603 - ANTIDEGRADATION POLICY AND IMPLEMENTATION.
Section 39-3604 - DESIGNATION OF INSTREAM BENEFICIAL USES.
Section 39-3605 - IDENTIFICATION OF REFERENCE STREAMS OR CONDITIONS.
Section 39-3605C - ENVIRONMENTAL REMEDIATION FUND ESTABLISHED.
Section 39-3606C - APPROPRIATION OF ENVIRONMENTAL REMEDIATION FUND — PURPOSE OF CHAPTER.
Section 39-3607 - REVISIONS AND ATTAINABILITY OF BENEFICIAL USES.
Section 39-3608 - REGULATORY ACTIONS FOR WATER BODIES WHERE BENEFICIAL USES ARE FULLY SUPPORTED.
Section 39-3609 - IDENTIFICATION OF WATER BODIES WHERE BENEFICIAL USES ARE NOT FULLY SUPPORTED.
Section 39-3612 - INTEGRATION OF TOTAL MAXIMUM DAILY LOAD PROCESSES WITH OTHER PROGRAMS.
Section 39-3613 - CREATION OF BASIN ADVISORY GROUPS.
Section 39-3614 - DUTIES OF THE BASIN ADVISORY GROUP.
Section 39-3615 - CREATION OF WATERSHED ADVISORY GROUPS.
Section 39-3616 - DUTIES OF EACH WATERSHED ADVISORY GROUP.
Section 39-3617 - DESIGNATION OF OUTSTANDING RESOURCE WATERS.
Section 39-3619 - CONTINUATION PROVISIONS FOR EXISTING ACTIVITIES ON OUTSTANDING RESOURCE WATERS.
Section 39-3621 - MONITORING PROVISIONS.
Section 39-3622 - ENFORCEMENT PROVISIONS.
Section 39-3623 - EFFECT OF RULES.
Section 39-3624 - DECLARATION OF POLICY — DESIGNATION OF DIRECTOR.
Section 39-3625 - DEFINITIONS.
Section 39-3628 - WATER POLLUTION CONTROL FUND ESTABLISHED.
Section 39-3628A - AGRICULTURAL BEST MANAGEMENT PRACTICES (BMP) FUND ESTABLISHED.
Section 39-3628B - CONFINED ANIMAL FEEDING OPERATIONS (CAFO) IMPROVEMENT FUND ESTABLISHED.
Section 39-3629 - WASTEWATER FACILITY LOAN ACCOUNT ESTABLISHED.
Section 39-3630 - APPROPRIATION OF WATER POLLUTION CONTROL FUND — PURPOSE OF CHAPTER.
Section 39-3631 - APPROPRIATION OF WASTEWATER FACILITY LOAN FUND — PURPOSE OF CHAPTER.
Section 39-3633 - WATER POLLUTION CONTROL BONDS.
Section 39-3634 - COTTAGE SITE DEFINED.
Section 39-3636 - FAILURE TO PROVIDE SEWAGE DISPOSAL — PENALTIES.
Section 39-3637 - STATE BOARD OF ENVIRONMENTAL QUALITY — RULES — INSPECTION.
Section 39-3638 - FINAL DETERMINATION BY ISSUING DEPARTMENT AUTHORIZED.
Section 39-3639 - CONTINUATION OF COTTAGE SITE LEASE PROGRAM.
Section 39-3640 - WATER QUALITY INNOVATION AND POLLUTANT TRADING.