Idaho Board of Environmental Quality
The Board of Environmental Quality is a rulemaking and advisory body created by the Environmental Protection and Health Act, Idaho Code Title 39, Chapter 1, Section 107. Rulemaking proceedings and hearings of the Board are governed by the Idaho Administrative Procedure Act, Idaho Code Title 67, Chapter 52.
The Board consists of seven members appointed by the Governor, with the advice and consent of the Idaho State Senate. Members serve at the pleasure of the governor. Terms are four years.
Anyone aggrieved by the action or inaction of DEQ may request a hearing by the Board or a Board-designated hearing officer. On November 19, 2020, Greensferry Stakeholders submitted an Appeal to the Idaho Board of Environmental Quality. The Greensferry Appeal contains a request for the recategorization of the area encompassing the Greenferry Water and Sewer District wells as part of the Spokane Valley-Rathdrum Prairie sensitive resource Aquifer pursuant to IDAPA 58.01.11 and IDAPA 58.01.23, as implemented by various legislative statutes, including Administrative Code Title 39.
By an affirmative vote of four of its members, the Board may adopt, amend or repeal the rules, codes, and standards necessary and feasible to carry out its purposes and provisions of the Environmental Protection and Health Act and to enforce the laws of the state. DEQ, with assistance from the attorney general's office, is responsible for drafting rules for consideration by the Board. Rules adopted by the Board have the force of law, but are subject to legislative review. Recategorization for the Greensferry water well area would most likely involve approval and assistance from both the Idaho legislature and from Governor Little.