39-3607. REVISIONS AND ATTAINABILITY OF BENEFICIAL USES. The director shall, in consultation with the appropriate basin advisory group and watershed advisory group, conduct a beneficial use attainability assessment to determine whether beneficial uses should be revised. Designated uses shall be reviewed and revised when such physical, geological, hydrological, atmospheric, chemical or biological measures indicate the need to do so. The director shall consider the economic costs required to attain a revised beneficial use. A designated use, that is not an existing use, shall be removed when it is demonstrated that attaining the use is not feasible, using those factors set forth in 40 CFR 131.10(g).
Previous assessments of beneficial use attainability that are of a quality and content acceptable to the director shall constitute the baseline data against which future assessments shall be made to determine changes in the water body and what beneficial uses can be attained in it. In addition, the director, to the extent possible, may determine whether changes in the condition of the water body are the result of past or ongoing point or nonpoint source activities. The director shall also seek information from appropriate public agencies regarding land uses, water uses and geological or other information for the watershed that may affect water quality and the ability of the water body in question to attain designated beneficial uses. In carrying out the provisions of this section, the director may contract with private enterprises or public agencies to provide the desired data.
History:
[39-3607, added 1995, ch. 352, sec. 1, p. 1171; am. 2013, ch. 348, sec. 5, 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.