Current through September 2, 2024
Section 58.01.25.500 - ENFORCEMENT01.General Enforcement and Penalties. A person who violates permit conditions, filing or reporting requirements, duty to allow or carry out inspections, entry or monitoring requirements, or other provisions in these rules is subject to administrative, civil, or criminal enforcement and those remedies authorized in the Environmental Protection and Health Act, Sections 39-101 et seq., Idaho Code, including without limitation, civil and criminal penalties as provided in Sections 39-108 and 39-117, Idaho Code.02.Truth in Reporting. It is a violation of these rules for a person to falsify, tamper with, or knowingly render inaccurate a monitoring device or method required to be maintained under an IPDES permit. In addition to other remedies available to the Department, a violation is punishable by a fine as provided in Section 39-117, Idaho Code.03.False Statements. It is a violation of these rules for a person to knowingly make a false statement, representation, or certification in a record or other document submitted or required to be maintained under an IPDES permit, including monitoring reports or reports of compliance or non-compliance. In addition to other remedies available to the Department, a violation is punishable by a fine as provided in Section 39-117, Idaho Code.04.Public Participation in Enforcement. The Department will provide for public participation in the state enforcement process by:a. Investigating and providing written responses to citizen complaints;b. Not opposing intervention by a citizen when permissive intervention may be authorized by statute, rule, or regulation; andc. Publishing notice of and providing at least thirty (30) days for public comment on a proposed settlement of a state enforcement action.Idaho Admin. Code r. 58.01.25.500