Idaho Code 37-608 – Unauthorized Discharges and Unauthorized Releases
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(1) No dairy farm shall cause an unauthorized discharge or an unauthorized release.
(2) The department of environmental quality shall be solely responsible and authorized to determine whether the discharge of pollutants from a dairy farm to waters of the United States is required to be authorized by an NPDES permit under chapter 1, title 39, Idaho Code. The provisions of this chapter do not define when a dairy farm is required to obtain an NPDES permit for a discharge, do not exempt a dairy farm from NPDES permitting requirements for such discharges or alter the authority of the department of environmental quality with respect to such discharges. The department shall consult with the department of environmental quality regarding its discovery of unauthorized discharges and any compliance, corrective or other enforcement actions the department has undertaken pursuant to the provisions of this chapter to enable the department of environmental quality to determine whether additional action by the department of environmental quality is warranted.
Terms Used In Idaho Code 37-608
- Dairy farm: means land owned or operated by a department-permitted grade A or manufacture grade facility where one (1) or more milking cows, sheep or goats are kept, and from which all or a portion of the milk produced thereon is delivered, sold or offered for sale for human consumption. See Idaho Code 37-604
- Department: means the Idaho department of agriculture. See Idaho Code 37-604
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Unauthorized discharge: means a discharge of pollutants from a dairy farm to waters of the United States as defined in the federal clean water act that is required to be but is not authorized by an NPDES permit. See Idaho Code 37-604
- Unauthorized release: means a release of dairy byproducts to ground water or surface waters of the state that are not waters of the United States or beyond land owned or operated by the dairy farm that results from a dairy farm’s failure to comply with its environmental management plan. See Idaho Code 37-604
(3) The department shall determine the appropriate corrective, compliance or other enforcement action to be taken with respect to unauthorized releases.