ID S1239

Department of Environmental Quality must provide public notice and opportunity to comment on tentative IPDES permit decisions before making final decisions, and must develop an administrative record including the tentative decision, all comments, responses to comments, and the basis for the decision.

IPDES permit decisions are exempt from contested case procedures under Idaho Code chapter 52, title 67, and appeals of final decisions must be heard by a hearing officer appointed by the director from a board-approved pool, with all appeals based solely on the administrative record.

Directors and hearing officers with authority to approve IPDES permits are prohibited from having conflicts of interest as defined in 40 CFR 123.25(c).

Any person aggrieved by a hearing officer's final determination may seek judicial review by filing a petition under rules adopted by the board and chapter 52, title 67 of Idaho Code, with service on the hearing officer, director, and attorney general being jurisdictional.

All investigation, inspection, and enforcement authorities from Idaho's Environmental Protection and Health Act apply to the IPDES program, and the department is authorized to enforce pretreatment standards and local limits developed by publicly owned treatment works as required by federal regulations.