39-7420. VIOLATIONS AND ENFORCEMENT. (1) Failure to comply with the requirements established in this chapter, requirements of rules established pursuant to this chapter, and reasonable conditions of approval granted pursuant to this chapter shall be unlawful. Particularly with respect to siting and operation of a municipal solid waste landfill to satisfy the requirements of chapter 44, title 31, Idaho Code, enforcement should focus upon remediation of deficiencies, rather than punishment. Penalties should be imposed where practices show disregard for protection of human health, safety and the environment.

(2) Each public agency with responsibility for enforcement of requirements established in this chapter may inspect, monitor and employ such methods of enforcement as they may be empowered to use by statute or local ordinance.

(a) The director may apply the provisions of section 39-108, Idaho Code, to insure compliance.

(b) The respective health districts or the several counties may employ the use of negotiated compliance agreements in addition to civil legal remedies and misdemeanor criminal penalties otherwise authorized in order to obtain compliance with requirements established herein.

(3) Where more than one (1) public entity undertakes enforcement efforts to obtain compliance with the provisions of this chapter, enforcement efforts should be coordinated to the greatest extent possible to minimize conflict among requirements and costs of compliance.

(4) A private right of action in behalf of any person who has been injured or damaged by any approval authorized in this chapter or violation of the terms of any approval or regulation authorized in this chapter may be maintained in accordance with the provisions of this chapter and/or the provisions of chapter 52, title 67, Idaho Code, as applicable.

(5) If a district fails to carry out responsibilities established in this chapter, the director may assume the authority otherwise to be implemented by a district.

History:

[39-7420, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 21, p. 365.]