Idaho § 37-609 NONCOMPLIANCE — ENFORCEMENT — PENALTIES

Idaho Statutes

§ 37-609 — NONCOMPLIANCE — ENFORCEMENT — PENALTIES

Idaho § 37-609

Title 37FOOD, DRUGS, AND OIL

Ch. 6DAIRY ENVIRONMENTAL CONTROL ACT

This text of Idaho § 37-609 (NONCOMPLIANCE — ENFORCEMENT — PENALTIES) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 37-609 (2026).

Text

(1)A dairy farm operating in compliance with its environmental management plan shall not be subject to enforcement action pursuant to this chapter.

(2)The department shall address noncompliance with an environmental management plan through corrective actions, compliance schedules or other actions authorized by rules adopted pursuant to this chapter. Dairy farms shall not be subject to fines, corrective actions or compliance schedules under this chapter for upset conditions or agricultural stormwater discharges. The department’s authority to address noncompliance with environmental management plans does not alter the authority of the department of environmental quality with respect to the discharge of pollutants to waters of the United States.

(3)For noncompliance conditions or unauthori

Free access — add to your briefcase to read the full text and ask questions with AI

(1) A dairy farm operating in compliance with its environmental management plan shall not be subject to enforcement action pursuant to this chapter.
(2) The department shall address noncompliance with an environmental management plan through corrective actions, compliance schedules or other actions authorized by rules adopted pursuant to this chapter. Dairy farms shall not be subject to fines, corrective actions or compliance schedules under this chapter for upset conditions or agricultural stormwater discharges. The department’s authority to address noncompliance with environmental management plans does not alter the authority of the department of environmental quality with respect to the discharge of pollutants to waters of the United States.
(3) For noncompliance conditions or unauthorized releases, the director or his designee shall have the authority to assess a fine of up to ten thousand dollars ($10,000) per occurrence. Civil penalties collected under this subsection shall be remitted to the county where the violation occurred for deposit in the county current expense fund.
(4) In any case in which the United States environmental protection agency initiates an enforcement action regarding an alleged violation of the clean water act related to a discharge of pollutants from a dairy farm to waters of the United States, any pending administrative or civil enforcement action initiated by the director relating to the same discharge shall be deemed void. If a compliance order addressing the alleged noncompliance has already been issued by the director, that order shall remain in full force and effect.