Idaho Statutes Title 37. Food, Drugs, and Oil § 37-608. Unauthorized discharges and unauthorized releases

(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.

(3) The department shall determine the appropriate corrective, compliance or other enforcement action to be taken with respect to unauthorized releases.