Final amended consent judgments against Idaho Power Company available for public review

July 1, 2022

Contact: Mary Anne Nelson, Surface and Wastewater Division Administrator, mary.anne.nelson@deq.idaho.gov

BOISE — The Idaho Department of Environmental Quality (DEQ) is publishing notice that the final amended consent judgments against Idaho Power Company (Idaho Power) have been entered by the courts.

The complaints were filed on April 7, 2022, in Ada, Gooding, Jerome, Owyhee, Power, Twin Falls, and Valley counties for violations of the Clean Water Act at 15 hydroelectric projects located on the Snake River or its tributaries.

The complaints allege discharge of pollutants to waters of the United States without a permit in violation of the Clean Water Act as well as Idaho Code § 39-101, et seq. and the “Rules Regulating the Idaho Pollutant Discharge Elimination System (IPDES) Program” (IDAPA 58.01.25).

In January 2022, Idaho Power submitted a self-reporting document describing the potential of pH, temperature, and oil and grease discharges from normal operations at the facilities from non-contact cooling water along with discharges from equipment and floor drains. DEQ reviewed the reporting document and determined that the facilities identified in the report did not have IPDES permit coverage as required by law.

As a result of the reporting document and negotiations with Idaho Power, DEQ proceeded with civil complaints in county courts where the facility discharges are located.

In compliance with Idaho Code § 39-108(9) and IDAPA 58.01.25.500.04., DEQ provided a public comment opportunity on the proposed settlement to the complaints. Written comments on the proposed settlement, a court entered consent judgment, were accepted through May 9, 2022. Comments were received from ten interested parties. A response to those comments has been mailed to the commenters and is also available below.

The amended settlements direct Idaho Power to submit applications for IPDES permits for the hydroelectric facilities and to comply with pH, temperature, and oil and grease effluent limits and monitoring requirements until IPDES applications are submitted. In addition, Idaho Power is required to pay a civil penalty of $72,870 for each hydroelectric facility named in the complaints.