2005 Idaho Code - 39-3636 — FAILURE TO PROVIDE SEWAGE DISPOSAL -- PENALTIES

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 36
                                WATER QUALITY
    39-3636.  FAILURE TO PROVIDE SEWAGE DISPOSAL -- PENALTIES. Failure to
provide certified sewage disposal as provided in section 39-3635(1), Idaho
Code, or failure to connect to a district sewer system or to pay, when due,
any connection fee or charge, any monthly rate, toll or charge, or any special
benefits payment, all as required and provided for in subsections (2) and (3)
of section 39-3635, Idaho Code, shall result in the following:
    (a)  Forfeiture of lease to the state of Idaho after reasonable notice and
hearing, as shall be prescribed in rules to be adopted by the department
issuing the lease pursuant to the applicable provisions of chapter 52, title
67, Idaho Code, as now or hereafter in force.
    (b)  Loss of sewage treatment facility credit on any transfer of lease or
new lease of such site after notice and hearing before the department issuing
such lease.
    The department issuing any cottage site lease, upon its own motion or upon
receiving notice from a water and sewer district pursuant to the provisions of
section 39-3635(4), Idaho Code, of the failure of a cottage site lessee to
connect to a district sewer system or to pay any connection fee or charge, any
monthly rate, toll or charge, or any special benefits payments, when due, is
authorized to invoke either or both remedies at its discretion or may take
such other action allowed by law to enforce the provisions of the lease and
the requirements of section 39-3635, Idaho Code, that each cottage site lessee
connect to a district sewer system and pay all fees, charges and payments when
due.