42-3910. CANCELLATION OF PERMIT — NOTICE — HEARING — REVIEW. When the director of the department of water resources has reason to believe the operation and use of an injection well, for which a permit has been issued in accordance with this chapter, is interfering with the right of the public to withdraw water for beneficial uses, or is causing unreasonable contamination or deterioration of the quality of the ground water below the adopted water quality standards of the board of environmental quality, he may cancel such permit. Prior to the cancellation of such permit there shall be a hearing before the water resource board for the purpose of determining whether or not the permit should be cancelled. At such hearing the director of the department of water resources shall be the complaining party. For purposes of such hearing, the board shall have power to administer oaths, examine witnesses and issue subpoenas requiring testimony of witnesses and production of evidence relevant to any matter in the hearing. The hearing shall be conducted in accordance with chapter 52, title 67, Idaho Code, and the board shall provide the owner or operator whose permit is proposed to be cancelled with reasonable notice and the opportunity to be heard in accordance with chapter 52, title 67, Idaho Code. A certified transcript of the proceedings and the evidence received at such hearing shall be maintained by the board. The board shall affirm, modify or reject the director’s decision, and make its decision in the form of an order to the director. Review of a final determination by the board may be secured by the owner or operator by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein the injection well is situated. The petition for review shall be served upon the chairman of the water resource board and upon the attorney general as provided by the Idaho rules of civil procedure.
History:
[42-3910, added 1971, ch. 301, sec. 10, p. 1235; am. 1974, ch. 20, sec. 45, p. 533; am. 1984, ch. 155, sec. 11, p. 377; am. 2001, ch. 103, sec. 85, p. 327.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Section 42-3901 - GROUND WATER AS PUBLIC RESOURCE — PROTECTION.
Section 42-3902 - DEFINITIONS.
Section 42-3902A - PROHIBITION OF INJECTION OF HAZARDOUS WASTES AND OF RADIOACTIVE WASTES.
Section 42-3903 - DEEP INJECTION WELLS — CONSTRUCTION — MODIFICATION — USE — PERMIT REQUIRED.
Section 42-3903A - SHALLOW INJECTION WELLS — AUTHORIZATION FOR CONSTRUCTION AND USE.
Section 42-3905 - FEES — TRANSMITTED TO STATE TREASURER.
Section 42-3907 - DEPARTMENT OF WATER RESOURCES — PUBLIC NOTICE AND INVESTIGATION.
Section 42-3908 - PERMIT APPROVING CONSTRUCTION AND USE — CONDITIONS — REJECTION OF APPLICATION.
Section 42-3910 - CANCELLATION OF PERMIT — NOTICE — HEARING — REVIEW.
Section 42-3911 - FAILURE TO OBTAIN REQUIRED PERMIT OR SUBMIT REQUIRED INFORMATION — PENALTY.
Section 42-3912 - DRILLERS — MUST BE LICENSED — APPROVED PERMITS — CERTIFIED COPIES.
Section 42-3913 - MINIMUM STANDARDS — RULES AND REGULATIONS — ADOPTION.
Section 42-3914 - BOARD TO ESTABLISH STANDARDS.
Section 42-3915 - ADOPTION OF REGULATIONS.
Section 42-3916 - ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.
Section 42-3917 - CIVIL PENALTIES — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES.
Section 42-3918 - CEASE AND DESIST ORDERS — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES.
Section 42-3919 - CRIMINAL PENALTY — WILLFUL VIOLATION — VIOLATION OF CEASE AND DESIST ORDER.