Idaho Code 25-4013 – Violations
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(1) The failure by a permittee to comply with the provisions of this chapter, rules promulgated hereunder, or with any permit condition shall be deemed a violation.
(2) Any person who knowingly makes a false statement, representation, or certification in any application report, document, or record developed, maintained, or submitted pursuant to these rules or the conditions of a permit shall be deemed to have violated the provisions of this chapter.
Terms Used In Idaho Code 25-4013
- AFO: means a lot or facility where the following conditions are met:
Idaho Code 25-4002Director: means the director of the Idaho department of agriculture or his designee. See Idaho Code 25-4002 Person: means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity, that is recognized by law as the subject of rights and duties. See Idaho Code 25-4002 Poultry: means chickens, turkeys, ducks, geese and any other bird raised in captivity. See Idaho Code 25-4002 Unauthorized discharge: means a discharge of process wastewater or manure to state surface waters that is not authorized by an NPDES permit or the release of process wastewater or manure to waters of the state that does not meet the requirements of this chapter. See Idaho Code 25-4002
(3) Any unauthorized discharge from a poultry AFO shall be deemed a violation.
(4) Any person violating any provision of this chapter, the rules promulgated hereunder or any permit or order issued hereunder shall be liable for a civil penalty as set forth in section 25-4014, Idaho Code.
(5) The director may revoke a permit for:
(a) A material violation of any condition of a permit; or
(b) If the permit was obtained by misrepresentation or failure to disclose all relevant facts.
(6) Prior to revoking a permit, the director shall issue a notice of intent to revoke, which shall become final unless the permittee timely requests, in writing, an administrative hearing. Such hearing shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code.