2000 Legislation
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SENATE BILL NO. 1400 – Swine Facilities Act


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S1400.................................................by HEALTH AND WELFARE
SWINE - Adds to existing law to enact the "Swine Facilities Act"; to
provide legislative intent; to provide for permits; to provide for local
option participation; to provide for regulated facilities; to provide a
site certification procedure and site review panels; to provide a siting
permit application and fees; to provide for duties of the director of the
Department of Health and Welfare; to provide standards for design,
operation and closure; to provide requirements for water quality
protection; to provide financial assurance for closure and corrective
action; to provide for permit conditions, modifications and transfers; to
provide for violations and enforcement; and to provide for confidentiality
of records.
02/11    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Health/Wel

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1400
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
 20        EMERGENCY.
 21    Be It Enacted by the Legislature of the State of Idaho:
 22        SECTION 1.  That Title 39, Idaho Code, be, and the same is hereby  amended
 23    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 24    ter 79, Title 39, Idaho Code, and to read as follows:
 25                                      CHAPTER 79
 26                                 SWINE FACILITIES ACT
 27        39-7901.  SHORT TITLE.  This act shall be known as the  "Swine  Facilities
 28    Act."
 29        39-7902.  LEGISLATIVE  FINDINGS  AND  PURPOSES.  (1) The legislature finds
 30    that:
 31        (a)  The swine industry is experiencing rapid changes  such  as  increased
 32        sophistication  of  production technology, increased demand for capital to
 33        maintain or expand operations, consolidation  of  production  and  packing
 34        facilities and changing consumer demands and markets;
 35        (b)  Large  swine  facilities increase social and environmental impacts in
 36        the areas where these facilities are located;
 37        (c) Adverse public health and environmental impacts can  result  from  the
 38        improper  siting  of large swine facilities, therefore the need for estab-
 39        lishing safe sites with an adequate supply of natural resources,  such  as
 40        water, and an adequate capacity for the disposal of animal waste is a mat-
 41        ter of statewide concern;
  1        (d)  Section  39-104A, Idaho Code, vests the department of health and wel-
  2        fare with the responsibility to make rules  regulating  swine  operations;
  3        and section 39-105, Idaho Code, vests the department of health and welfare
  4        with  the  responsibility for the general supervision of the promotion and
  5        protection of the life, health and environment of the people of the state,
  6        including regulation of air quality, water quality and disposal  of  solid
  7        waste.
  8        (2)(a)  To  facilitate  swine siting decisions by boards of county commis-
  9        sioners and governing bodies of cities, this chapter establishes a  review
 10        process  within  the  department of health and welfare for construction or
 11        expansion of large swine facilities of a certain size, and  to  require  a
 12        permit for siting, construction, expansion, operation and closure.
 13        (b) The procedures and requirements established in this chapter are neces-
 14        sary  to facilitate the proper siting of large swine facilities, to effect
 15        timely and responsible completion of statutory duties and to  ensure  pro-
 16        tection  of  human  health, natural resources, private property values and
 17        the environment of the state.
 18        (c) The permit required in this chapter is required  in  addition  to  any
 19        other license, permit or approval required by law or rule.
 21    No person may construct or expand a large swine  facility  regulated  by  this
 22    chapter  without  first  obtaining a permit to do so from the director as pro-
 23    vided in this chapter.
 24        (2)  The permit required by this chapter for construction or expansion  of
 25    a large swine facility is required in addition to requirements of any rules of
 26    the  department  of  health and welfare.  Further, the permit required by this
 27    chapter must be obtained in addition to any other license, permit or  approval
 28    required by law or rule.
 29        (3)  This  chapter  provides  boards of county commissioners and governing
 30    bodies of cities with an optional procedure for siting  swine  facilities.  If
 31    boards  of county commissioners and governing bodies of cities do not exercise
 32    their option to comply with this chapter, they are not subject to  its  provi-
 33    sions  and  therefore  may exercise individual authority to accept, reject and
 34    regulate swine facilities independently of this chapter.
 35        (4)  Boards of county commissioners and governing bodies  of  cities  that
 36    choose  to  comply with this chapter shall signify compliance by resolution or
 37    ordinance communicated to the director in writing.
 38        (5)  This chapter does not preempt the local regulation of  swine  facili-
 39    ties.  Local governments retain authority to accept, reject and regulate swine
 40    facilities and may impose more and  stricter  requirements  for  siting  swine
 41    facilities than are imposed in this chapter.
 42        39-7904.  FACILITIES  REGULATED.  (1)  The following swine facilities must
 43    have a permit under this chapter:
 44        (a)  New swine facilities having a one-time animal unit capacity of twenty
 45        thousand (20,000) or more animal units; and
 46        (b)  Existing swine facilities that  expand  their  one-time  animal  unit
 47        capacity to twenty thousand (20,000) animal units or more.
 48        (2)  Two  (2)  or  more swine facilities under common owners, operators or
 49    those with whom the owners or operators contract or  are  located  within  the
 50    same  county  or  within five (5) miles of each other shall be considered, for
 51    purposes of permitting, to be a single facility regulated under this  chapter,
 52    even  though  separately  their capacity is less than twenty thousand (20,000)
 53    animal units.  In each case, the director shall determine whether one  (1)  or
  1    multiple permits are required.
  2        (3)  (a) Existing swine facilities with a one-time animal unit capacity of
  3        twenty  thousand (20,000) animal units built and in operation one (1) year
  4        or more before the original effective date of this chapter are exempt from
  5        the requirement to obtain a permit pursuant to this  chapter  unless  they
  6        expand as provided in this section.  However, such facilities shall regis-
  7        ter with the director within three (3) months after the original effective
  8        date  of  this  chapter. The director shall determine the information that
  9        must be submitted as part of their registration.
 10        (b)  Existing swine facilities required in  this  subsection  to  register
 11        with the director shall submit a nutrient management plan and closure plan
 12        to  the  director for approval within two (2) years of the original effec-
 13        tive date of this chapter in accordance with rules of the  department.  An
 14        application fee shall not be required unless the facility is expanding.
 16    The director of the department of health and welfare may adopt  administrative
 17    rules he deems necessary or helpful to carry out the purposes of this chapter.
 18        (2)  The  director  may  enter into contracts, agreements, memorandums and
 19    other arrangements with federal, state and local agencies  to  carry  out  the
 20    purposes of this chapter.
 21        39-7906.  DEFINITIONS. As used in this chapter:
 22        (1)  "Active unit" means that part of a facility or unit that has received
 23    or is receiving wastes and that has not been closed.
 24        (2)  "Animal  unit"  means  two  and one-half (2 1/2) swine, each weighing
 25    over twenty-five (25) kilograms (approximately fifty-five (55) pounds), or ten
 26    (10) weaned swine, each weighing under twenty-five (25) kilograms. Total  ani-
 27    mal  units  are calculated by adding the number of swine weighing over twenty-
 28    five (25) kilograms (approximately 55 pounds) multiplied by four-tenths  (.4),
 29    plus the number of weaned swine weighing under twenty-five (25) kilograms mul-
 30    tiplied by one-tenth (.1).
 31        (3)  "Animal  waste" means animal excrement, feed wastes, process wastewa-
 32    ter or any other waste associated with the confinement of swine.
 33        (4)  "Animal waste management system" means any structure or  system  that
 34    provides  for  the collection, treatment, disposal, distribution or storage of
 35    animal waste.
 36        (5)  "Applicant" means the owner or the operator with the owner's  written
 37    consent.
 38        (6)  "Aquifer"  means  a  geological  formation, group of formations, or a
 39    portion of a formation capable of yielding significant  quantities  of  ground
 40    water to wells or springs.
 41        (7)  "Certified  planner"  means  a  person who has completed the nutrient
 42    management certification in accordance with the nutrient management standard.
 43        (8)  "County" means any county in the state of Idaho.
 44        (9)  "Department" means the Idaho department of health and welfare.
 45        (10) "Director" means the director of the Idaho department of  health  and
 46    welfare or his designee.
 47        (11) "Existing  facility"  means a facility built and in operation one (1)
 48    year or more before the original effective date of this chapter.
 49        (12) "Expand" or "expanding facility" means a swine facility of less  than
 50    twenty  thousand (20,000) animal units that increases its one-time animal unit
 51    capacity to twenty thousand (20,000) or more animal units.
 52        (13) "Facility" means any place, site or location or  part  thereof  where
 53    swine  are kept, handled, housed, or otherwise maintained and includes, but is
  1    not limited to, all buildings, lots, pens, animal  waste  management  systems,
  2    structures, and other appurtenances and improvements on the land.
  3        (14) "Ground  water" means water below the land surface in a zone of satu-
  4    ration.
  5        (15) "Health district" or "district" means one (1) of the seven  (7)  dis-
  6    trict health departments of the state of Idaho.
  7        (16) "Holocene  fault" means a fault characterized as a fracture or a zone
  8    of fractures in any material along which strata on one (1) side have been dis-
  9    placed with respect to that on the other side  and  holocene  being  the  most
 10    recent  epoch  of  the  quaternary  period,  extending  from  the  end  of the
 11    pleistocene epoch to the present.
 12        (17) "Land application" means the spreading on or incorporation of  animal
 13    waste into the soil mantle primarily for beneficial purposes.
 14        (18) "Permit"  means  a written authorization by the director to construct
 15    or expand a swine facility pursuant to section 39-7903(2) and (3), Idaho Code.
 16        (19) "Permittee" means the person in whose name a permit is issued.
 17        (20) "Natural resources conservation service" or "NRCS" means  the  United
 18    States department of agriculture, natural resources conservation service.
 19        (21) "Nutrient  management  plan" means a plan prepared in compliance with
 20    the nutrient management standard of the United States department  of  agricul-
 21    ture,  natural  resource conservation service code 590; the Idaho agricultural
 22    pollution abatement plan, nutrient management standard component practice;  or
 23    other  equally  protective  standard approved by the director for managing the
 24    amount, source, placement, form, and timing of the land application of  nutri-
 25    ents  and  soil  amendments for plant production and to minimize the potential
 26    for environmental degradation, particularly impairment of water quality.
 27        (22) "Nutrient management standard"  means  the  standard  of  the  United
 28    States  department  of agriculture, natural resource conservation service code
 29    590 or the Idaho agricultural pollution abatement  plan,  nutrient  management
 30    standard component practice.
 31        (23) "One-time  animal  unit  capacity" means the maximum number of animal
 32    units that a facility is capable of housing at any given point in time.
 33        (24) "Operate" means to confine, feed, propagate, house or otherwise  sus-
 34    tain swine.
 35        (25) "Operator"  means the person(s) responsible for the overall operation
 36    of a facility or part of a facility.
 37        (26) "Owner" means the person(s) who owns a facility or part of  a  facil-
 38    ity.
 39        (27) "Permit"  means a written authorization by the director to construct,
 40    operate or expand a swine facility.
 41        (28) "Person" means an individual, association, firm, partnership, politi-
 42    cal subdivision, public or  private  corporation,  state  or  federal  agency,
 43    municipality,  industry  or  any  other  legal entity whatsoever, and includes
 44    owners and operators.
 45        (29) "Plan of operation" or "operating plan" means the written plan devel-
 46    oped by an owner or operator of a swine facility unit detailing how the facil-
 47    ity is to be operated during its active life, during closure,  and  throughout
 48    the postclosure period.
 49        (30) "Process  wastewater" means any water used in the facility that comes
 50    into contact with any manure, litter, bedding,  raw,  intermediate,  or  final
 51    material or product used in or resulting from the production of swine or poul-
 52    try  and any products directly or indirectly used in the operation of a facil-
 53    ity, such as spillage or  overflow  from  animal  watering  systems;  washing,
 54    cleaning,  or  flushing pens, barns, manure pits, or spray cooling of animals;
 55    and dust control and any precipitation which comes into contact  with  animals
  1    or animal waste.
  2        (31) "Qualified  professional"  means a licensed professional geologist or
  3    licensed professional engineer, as appropriate, holding  current  professional
  4    registration in compliance with applicable provisions of the Idaho Code.
  5        (32) "Unauthorized discharge" means a release of animal waste to the envi-
  6    ronment  or  waters  of  the state that is not authorized by the permit or the
  7    terms of a nonpoint source discharge elimination system (NPDES) permit  issued
  8    by the federal environmental protection agency.
  9        (33) "Water  quality  standard" means a standard set for maximum allowable
 10    contamination in surface waters and ground water as set  forth  in  the  water
 11    quality standards for waters for the state of Idaho (IDAPA 16.01.02).
 12        (34) "Waters  of  the state" means all the accumulations of water, surface
 13    and underground, natural and artificial, public and private, or parts  thereof
 14    which  are  wholly  or partially within, which flow through or border upon the
 15    state.
 16        Undefined terms shall be given their usual and ordinary meaning within the
 17    context of the provisions of this chapter.
 18        39-7907.  LOCATION GUIDELINES -- SITE CERTIFICATION. This section provides
 19    location guidelines for swine facilities regulated by this chapter. Where  the
 20    location  guidelines provide a specific setback distance, that distance is the
 21    maximum setback distance that may be imposed. Lesser setback distances may  be
 22    imposed as circumstances permit.
 23        (1)  A swine facility regulated by this chapter shall not:
 24        (a)  Locate  its  closest waste facility within two (2) miles of any occu-
 25        pied residence not owned or leased by the owner or operator of  the  swine
 26        facility;
 27        (b)  Land  apply  liquid  animal  waste within one (1) mile of the nearest
 28        corner of an occupied residence not owned or leased by the owner or opera-
 29        tor of the swine facility;
 30        (c)  Be located within five (5) miles of ten (10) or more residences which
 31        are occupied at the time a new swine facility  is  built  or  an  existing
 32        swine facility is expanded as provided in this chapter.
 33        (2)  The  setback  distances provided in subsection (1) of this section do
 34    not apply if the affected property owner executes a written  waiver  with  the
 35    owner  or  operator of the swine facility, under terms and conditions that the
 36    parties may negotiate.  The written waiver is effective when recorded  in  the
 37    offices  of  the  recorder  of  deeds  in  the county in which the property is
 38    located.  The recorded waiver shall preclude enforcement of the  setback  dis-
 39    tances  contained in subsection (1) of this section.  A change in ownership of
 40    the applicable property or change in ownership of the swine facility does  not
 41    affect the validity of the waiver.
 42        (3)  All  distances between occupied residences and swine facilities shall
 43    be measured from the closest corner of the walls of the occupied residence  to
 44    the closest point of the nearest waste structure or waste facility, as defined
 45    by the director.
 46        (4)  No  liquid  animal waste may be land applied within one hundred (100)
 47    feet of an existing public or private drinking water well.
 48        (5)  The minimum distance from a waste structure or waste  facility  to  a
 49    domestic well, public well or public water source shall be one (1) mile.
 50        (6)  Further, swine facilities shall not be located:
 51        (a)  In areas designated by the United States fish and wildlife service or
 52        the  Idaho  department of fish and game as critical habitat for endangered
 53        or threatened species of plants, fish or wildlife, or designated as criti-
 54        cal migratory routes for protectively managed species;
  1        (b)  So as to be at variance with any locally adopted  land  use  plan  or
  2        zoning  requirement  unless  otherwise provided by local law or ordinance,
  3        provided that if no land use plan has been adopted by the local government
  4        which would have land use jurisdiction pursuant to chapter 65,  title  67,
  5        Idaho  Code,  the site certification shall contain an analysis of the fac-
  6        tors outlined in section 67-6508, Idaho Code, accompanied by findings  and
  7        conclusions,  setting  forth  the  reasons therefore, entered by the local
  8        government with jurisdiction after a public hearing in accord with  provi-
  9        sions  of  section  67-6509, Idaho Code, that the public interest would be
 10        served by locating a swine facility on the site for which certification is
 11        sought; and
 12        (c)  Within one (1) mile of any local, state or  national  park,  or  land
 13        reserved or withdrawn for scenic or natural use;
 14        (d)  Within  two (2) miles of a school, church, hospital or community cen-
 15        ter;
 16        (7)  A swine facility active unit shall not be located:
 17        (a)  Within a one hundred (100) year flood plain;
 18        (b)  Within five hundred (500) feet upstream  of  a  perennial  stream  or
 19        river;
 20        (c)  Within one thousand (1,000) feet of any perennial lake or pond;
 21        (d)  So  as  to  cause  any  measurable  impact  on  water quality limited
 22        streams;
 23        (e)  Within a wetland;
 24        (f)  Within two hundred (200) feet to the property line of adjacent land;
 25        (g)  Within two hundred (200) feet of a holocene fault or adjacent to geo-
 26        logic features which could compromise the structural integrity of a  swine
 27        facility  active  unit  unless  the  owner or operator demonstrates to the
 28        director that an alternative setback distance of  less  than  two  hundred
 29        (200)  feet  will  prevent damage to the structural integrity of the swine
 30        facility unit and will be protective of human health and the  environment.
 31        For the purposes of this subsection:
 32             (i)   "Fault" means a fracture or a zone of fractures in any material
 33             along  which  strata on one (1) side have been displaced with respect
 34             to that on the other side;
 35             (ii)  "Displacement" means the relative movement of any two (2) sides
 36             of a fault measured in any direction;
 37             (iii) "Holocene" means  the  most  recent  epoch  of  the  quaternary
 38             period,  extending from the end of the pleistocene epoch to the pres-
 39             ent.
 40        (h)  Within seismic impact zones, unless  the  owner  or  operator  demon-
 41        strates  to  the director that all swine facility active units and surface
 42        water control systems, are  designed  to  resist  the  maximum  horizontal
 43        acceleration in lithified earth material for the site. The owner or opera-
 44        tor  must  place  the demonstration in the operating record and notify the
 45        director that it has been placed in the operating record.   For  the  pur-
 46        poses of this section:
 47             (i)   "Seismic impact zone" means an area with a ten percent (10%) or
 48             greater  probability  that  the  maximum  horizontal  acceleration in
 49             lithified earth material, expressed as a percentage  of  the  earth's
 50             gravitational  pull (g), will exceed one tenth (0.10g) in two hundred
 51             fifty (250) years;
 52             (ii)  "Maximum horizontal acceleration in lithified  earth  material"
 53             means  the  maximum  expected  horizontal  acceleration depicted on a
 54             seismic hazard map, with a ninety percent (90%) or greater  probabil-
 55             ity  that  the acceleration will not be exceeded in two hundred fifty
  1             (250) years, or the maximum expected  horizontal  acceleration  based
  2             on a site-specific seismic risk assessment;
  3             (iii) "Lithified  earth material" means all rock, including all natu-
  4             rally occurring and naturally formed aggregates or masses of minerals
  5             or small particles of older rock that formed  by  crystallization  of
  6             magma or by induration of loose sediments. This term does not include
  7             man-made materials, such as fill, concrete and asphalt, or unconsoli-
  8             dated earth materials, soil, or regolith lying at or near the earth's
  9             surface; and
 10        (i)  On  any site whose natural state would be considered unstable in that
 11        its undisturbed character would not permit establishment of a swine facil-
 12        ity without unduly threatening the integrity of the design due to inherent
 13        site instability;
 14        (j)  Where the integrity of the site would be compromised by the  presence
 15        of  ground  water  which would interfere with construction or operation of
 16        the active unit.
 17        39-7908.  SITE CERTIFICATION PROCEDURE. (1) Each  applicant  shall  obtain
 18    site certification from the director. The site certification process is hereby
 19    established  to ascertain compliance with the location restrictions of section
 20    39-7907, Idaho Code, and other requirements adopted by the director.
 21        (2)  The site certification procedure shall be administered in the follow-
 22    ing manner:
 23        (a)  Before submitting the application, the applicant may conduct  a  site
 24        tour  for the director, health district, and the county and all other pub-
 25        lic agencies with jurisdiction, to familiarize the agencies  with  charac-
 26        teristics of the site and site surroundings.
 27        (b)  The  applicant  may  then  submit an application to the director. The
 28        application shall address each of the location restrictions set  forth  in
 29        section  39-7907, Idaho Code, and other requirements adopted by the direc-
 30        tor, explaining the technical  findings  regarding  each,  and  any  other
 31        information required by this chapter or the director.
 32        (c)  Wherever  technical evaluation of relevant information is required, a
 33        qualified professional, as appropriate, shall certify compliance with  the
 34        requisite criteria.
 35        (d)  When  the  application  is  submitted  to the director, the applicant
 36        shall publish legal notice of submittal of the application  in  the  news-
 37        paper  published  in  the  county as determined by the criteria in section
 38        31-819, Idaho Code, and shall make the application  available  for  public
 39        inspection and copying. The date of publication of such notice shall begin
 40        a  twenty-eight (28) day comment period during which written comments con-
 41        cerning the application may be submitted to the director.
 42        (e)  The director shall act upon the application  within  twenty-one  (21)
 43        days  of  the  end of the comment period set forth above and shall enter a
 44        decision either certifying the site  or  rejecting  the  application.  The
 45        director shall review the site certification application, not contravening
 46        the  opinion of the applicant's qualified professional(s) without reliable
 47        empirical evidence that the affirmations in the application are erroneous.
 48        Upon finding that the criteria of section 39-7907, Idaho Code,  have  been
 49        affirmed  by qualified professionals, the director shall certify the site.
 50        Any rejection of a site certification application shall be accompanied  by
 51        findings  in  writing  expressly stating the criteria insufficiently docu-
 52        mented and/or violated and the evidence relied upon in making such  deter-
 53        mination. Failure of the director to act within twenty-one (21) days shall
 54        constitute  site certification. An applicant shall be provided an opportu-
  1        nity to appeal any denial of certification.
  2        (f)  Site certification is transferable with ownership of the site.
  3        (g)  Within ten (10) working days of receipt  of  certification  from  the
  4        director, the applicant shall publish notice in the newspaper provided for
  5        in subsection (d) of this section, informing the public that certification
  6        of the site has been approved.
  8    STAFF. (1) A site review panel shall be established to ensure public input  in
  9    the  permitting  process, to recommend to the director conditions which should
 10    be included in a permit and to recommend to the director whether a  particular
 11    facility should or should not be constructed or expanded.
 12        (2)  A  panel  shall  consist of eight (8) members to be appointed as fol-
 13    lows:
 14        (a)  Three (3) members shall be the administrator of the division of envi-
 15        ronmental quality or his designee, the director of the department of water
 16        resources or his designee, and the director of the department of  agricul-
 17        ture or his designee.
 18        (b)  One  (1)  member  shall be a public member appointed by the governor.
 19        The public member shall be an environmental professional, shall  serve  as
 20        chairman of the panel and shall be a voting member. A member who is a pub-
 21        lic  member  shall  be appointed to serve on site review panels only until
 22        the particular permit application subject to their review is approved,  or
 23        until  the  application  is  rejected  and  is  no longer subject to their
 24        review.
 25        (c)  Two (2) members shall be appointed by the city council  of  the  city
 26        located  closest  to,  or  in  which, the swine facility is proposed to be
 27        located or expanded, provided the governing body of the city has signified
 28        compliance with this chapter as provided in section 39-7903,  Idaho  Code.
 29        At least one (1) shall be a resident of the city. However, if two (2) cit-
 30        ies are equidistant from the proposed or expanding swine facility, plus or
 31        minus five (5) miles, the city council of  each city shall appoint one (1)
 32        member  each to the site review panel, each of whom shall be a resident of
 33        the city appointing them. The members serving pursuant to this  subsection
 34        shall  serve  until  the  particular  permit  application subject to their
 35        review is approved or it is rejected and is no  longer  subject  to  their
 36        review.
 37        (d)  Two  (2)  members  shall be appointed by the county commission and be
 38        residents of the county where the swine facility is proposed to be located
 39        or expanded, provided the board of county commissioners has signified com-
 40        pliance with this chapter as provided in section 39-7903, Idaho Code.  The
 41        members serving pursuant to this subsection shall serve until the particu-
 42        lar  permit  application subject to their review is approved, or until the
 43        application is rejected and is no longer subject to their review.
 44        (e)  A person nominated to represent a city or county  shall  not  have  a
 45        conflict  of  interest,  as  that term is defined in section 59-703, Idaho
 46        Code, or derive any economic gain as  that  term  is  defined  in  section
 47        59-703,  Idaho  Code, from the location of the proposed or expanding swine
 48        facility.
 49        (3)  The director shall notify the city council of the  nearest  city,  or
 50    cities  if  two (2) cities are within five (5) miles of the proposed facility,
 51    and the board of county commissioners, of a permit application filed with  the
 52    department  and  shall  instruct  the city or cities and county to appoint the
 53    necessary members to a panel.
 54        (4)  A majority of members of the panel shall constitute a quorum for  the
  1    transaction  of business of the panel and the concurrence of a majority of the
  2    panel shall constitute a legal action of the panel, provided that  no  meeting
  3    of  the  panel  shall  occur unless there are at least as many members present
  4    representing the city and county as there are representing the state  and  the
  5    public  as  appointed  pursuant to subsections (2)(a) and (b) of this section.
  6    All meetings of the panel shall be conducted pursuant to the state open  meet-
  7    ing law.
  8        (5)  The director shall make staff available to assist the panel in carry-
  9    ing out its responsibilities.
 10        (6)  Members of the panel who are not state employees shall be entitled to
 11    receive compensation as provided in section 59-509(b), Idaho Code.
 12        39-7910.  SITING  PERMIT  APPLICATION  -- FEE -- RULES. (1) An application
 13    for a siting permit shall include, in a format set forth by the  director  and
 14    when determined applicable by the director, the following information:
 15        (a)  Name, mailing address and phone number of the facility owner;
 16        (b)  Name, mailing address and phone number of the facility operator;
 17        (c)  Name and mailing address of the facility;
 18        (d)  Legal description of the facility location;
 19        (e)  The  legal structure of the entity owning the facility, including the
 20        names and addresses of all  directors,  officers,  registered  agents  and
 21        partners;
 22        (f)  The names and locations of all swine facilities owned and/or operated
 23        by the applicant within the last ten (10) years;
 24        (g)  The one-time animal unit capacity of the facility;
 25        (h)  The type of animals to be confined at the facility;
 26        (i)  Evidence that a valid water right exists to supply adequate water for
 27        the  proposed  facility  or  a copy of either an application for permit to
 28        appropriate water or an application to  change  the  point  of  diversion,
 29        place,  period  and nature of use of an existing water right that has been
 30        filed with the Idaho department of water  resources  which,  if  approved,
 31        will supply adequate water for the proposed operation;
 32        (j)  Proof  of  financial capability to meet the conditions of an approved
 33        closure plan for a facility and remediation;
 34        (k)  The facility's biosecurity and sanitary standards.
 35        (2)  A construction plan. Plans and specifications for the facility's ani-
 36    mal waste management system that include the following information:
 37        (a)  Vicinity map(s) prepared on one (1) or more seven and one-half minute
 38        (7.5') USGS topographic quadrangle maps or a high quality  reproduction(s)
 39        that includes the following:
 40             (i)   Layout  of  the  facility, including buildings and animal waste
 41             management system;
 42             (ii)  The one hundred (100) year FEMA flood zones or other  appropri-
 43             ate flood data for the facility site and land application sites owned
 44             or leased by the applicant;
 45             (iii) The  location of occupied dwellings, public and private gather-
 46             ing places, such as schools, churches  and  parks,  and  incorporated
 47             municipalities  which  are within a two (2) mile radius of the facil-
 48             ity; and
 49             (iv)  Private and community domestic water wells,  irrigation  wells,
 50             irrigation conveyance and drainage structures, monitoring wells, wet-
 51             lands,  streams,  springs,  and reservoirs which are within a one (1)
 52             mile radius of the facility.
 53        (b)  Facility construction specifications including:
 54             (i)   A site plan showing:
  1                  1.  Building locations;
  2                  2.  Waste facilities;
  3                  3.  All waste conveyance systems; and
  4                  4.  All irrigation systems used for land application,  including
  5                  details of approved water supply protection devices.
  6             (ii)  Building plans showing:
  7                  1.  All wastewater collection systems in housed units;
  8                  2.  All freshwater supply systems, including details of approved
  9                  water supply protection devices;
 10                  3.  Detailed  drawings  of  wastewater collection and conveyance
 11                  systems and containment construction; and
 12                  4.  Detailed construction and installation procedures.
 13        (3)  Site characterization. A characterization of  the  facility  and  any
 14    land  application  site(s)  owned  or operated by the applicant, prepared by a
 15    registered professional geologist, a registered  professional  engineer  or  a
 16    qualified ground water hydrologist, that includes the following information:
 17        (a)  A  description of monitoring methods, frequency, and reporting compo-
 18        nents related to either leak detection systems and/or ground  water  moni-
 19        toring wells;
 20        (b)  The climatic, hydrogeologic and soil characteristics;
 21        (c)  The  depth  to  water  and a potentiometric map for the uppermost and
 22        regional aquifer;
 23        (d)  The vertical and horizontal conductivity, gradient and  ground  water
 24        flow direction and velocity;
 25        (e)  Estimates of recharge to the uppermost aquifer;
 26        (f)  Information  which  characterizes the relationship between the ground
 27        water and adjacent surface waters; and
 28        (g)  A summary of local ground water quality data.
 29        (4)  A nutrient management plan. A plan prepared by  a  certified  planner
 30    demonstrating compliance with the nutrient management standard for land appli-
 31    cation.
 32        (5)  A plan for meeting standards for heavy metals as those provided in 40
 33    CFR section 503, subchapter O.
 34        (6)  A plan for disposal of dead animal carcasses.
 35        (7)  An air quality management plan.
 36        (8)  A closure plan. A plan describing the procedures for final closure of
 37    a  facility  that  ensures no adverse impacts to the environment and waters of
 38    the state and that includes:
 39        (a)  The estimated length of operation of the facility;
 40        (b)  A description of the procedures, methods and schedule  to  be  imple-
 41        mented  at  the  facility  for final disposal, handling, management and/or
 42        treatment of all animal waste. The facility shall not dispose of any mate-
 43        rial not approved for disposal under the permit into the animal waste man-
 44        agement system including, but not limited to, human waste;
 45        (c)  Evidence that the facility will not require  expenditures  of  public
 46        funds for remediation of adverse impacts to the environment; and
 47        (d)  A plan for permanent disposal of residual solid waste.
 48        (9)  Other  information.  An applicant shall provide any other information
 49    relative to this section and deemed necessary by the director to  assess  pro-
 50    tection  of  human  health  and the environment, including information showing
 51    that:
 52        (a)  The harm to scenic, public health, environmental,  private  property,
 53        historic,  cultural  or  recreational  values is not substantial or can be
 54        mitigated;
 55        (b)  The risk and impact of accident during transportation of animal waste
  1        or animal carcasses is not substantial or can be mitigated.  Dead  animals
  2        shall  be  removed  from  the  facility  for rendering, cremation, burial,
  3        composting or other disposal in accordance with IDAPA 02.04.03, "Rules  of
  4        Department  of  Agriculture Governing Animal Industry," section 050, "Dead
  5        Animals, Movement, Disposal";
  6        (c)  The impact on local  government  is  not  adverse  regarding  health,
  7        safety,  cost and consistency with local planning and existing development
  8        or can be mitigated;
  9        (d) The facility or operations associated with the facility do not  create
 10        a public health hazard or nuisance conditions including odors;
 11        (e)  The  applicant  has  the  financial ability to construct, operate and
 12        close the facility.
 13        (10) Within thirty (30) days after receipt of the application, the  direc-
 14    tor shall determine whether it is complete.  If it is not complete, the direc-
 15    tor shall notify the applicant and state the areas of deficiency.
 16        (11)  The  application  shall be accompanied by a permit fee. The director
 17    shall establish by rule the scale for determining the permit application  fee.
 18    The  fee  shall be based on the cost to the department of reviewing the permit
 19    application. The scale shall be based on characteristics  including  the  site
 20    size, projected waste volume, and hydrogeological and atmospheric characteris-
 21    tics  surrounding  the  site.  Fees  received  pursuant to this section may be
 22    expended by the director to pay the actual,  reasonable  and  necessary  costs
 23    incurred by the department in acting upon a permit application.
 24        39-7911.  DUTIES OF THE DIRECTOR RELATIVE TO APPLICATIONS. (1) Upon deter-
 25    mination that a permit application is complete, the director shall:
 26        (a)  Notify  the  permanent panel members, the city and/or county in which
 27        the swine facility is located or proposed to be located, the  director  of
 28        the  department  of  fish  and game, the director of the department of law
 29        enforcement, and other state agencies as deemed appropriate by the  direc-
 30        tor.
 31        (b)  Publish  a notice that the application has been received, as provided
 32        in section 60-109, Idaho Code, in a newspaper having major circulation  in
 33        the  county  and the immediate vicinity of the proposed or expanding swine
 34        facility. The notice shall contain a map indicating the  location  of  the
 35        proposed or expanding swine facility, a description of the proposed action
 36        and  the  location where the application may be reviewed. The notice shall
 37        describe the procedure by which the  permit  under  this  chapter  may  be
 38        granted.
 39        (2)  Upon  notification  by  the  director, the chairman shall immediately
 40    notify the representatives of the state to the panel and the  public  members.
 41    The  chairman  shall  also  notify  the  applicable  county and city for their
 42    appointment of members as provided in subsection (2) of section 39-7909, Idaho
 43    Code. Within thirty (30) days after the notification, the board of commission-
 44    ers of the county and the city council shall select the members  to  serve  on
 45    the  panel.  The  panel  shall be created at that time and notification of the
 46    creation of the panel shall be made to the chairman.
 47        (3)  Within thirty (30) days after appointment of panel members, the panel
 48    shall meet to review and establish a timetable for the  consideration  of  the
 49    draft site license.
 50        (4)  The panel shall:
 51        (a)  Set  a date and arrange for publication of notice of a public hearing
 52        in a newspaper having major circulation in the vicinity  of  the  proposed
 53        site, at its first meeting. The public notice shall:
 54             (i)  Contain a map indicating the location of the proposed commercial
  1             solid  waste  facility, a description of the proposed action, and the
  2             location where the application for a siting license may  be  reviewed
  3             and where copies may be obtained;
  4             (ii) Identify  the  time,  place  and location for the public hearing
  5             held to receive public comment and input on  the  application  for  a
  6             siting license;
  7        (b)  Publish  the notice not less than thirty (30) days before the date of
  8        the public hearing and the notice shall be, at a minimum,  a  twenty  (20)
  9        days' notice as provided in section 60-109, Idaho Code.
 10        (5)  Comment  and  input  on  the proposed swine facility may be presented
 11    orally or in writing at the public hearing, and shall continue to be  accepted
 12    in  writing  by  the panel for thirty (30) days after the public hearing date.
 13    The public hearing shall be held in the same county as the proposed  site.  If
 14    the  proposed  site  is  adjacent to a city or populated area in a neighboring
 15    county, it is recommended that public hearings also be held in the neighboring
 16    county.
 17        (6)  The panel shall consider, but not be limited to, the following:
 18        (a)  The risk of the spread of disease or impact upon public  health  from
 19        improper treatment, storage or incineration methods;
 20        (b)  The  impact  on  local  units  of government where the proposed swine
 21        facility is to be located in terms of health, safety, cost and consistency
 22        with local planning and existing development;
 23        (c)  The nature of the probable environmental and public health impact;
 24        (d)  The financial capability of the applicant to construct,  operate  and
 25        close the swine facility.
 26        (7)  The panel shall consider the concerns and objections submitted by the
 27    public.  The  panel  shall facilitate efforts to provide that the concerns and
 28    objections are mitigated by proposing additional conditions regarding the con-
 29    struction of the commercial solid waste facility. The panel may propose condi-
 30    tions which integrate the provisions of the city or county ordinances, permits
 31    or requirements.
 32        (8)  Within one hundred eighty (180) days after creation, the panel  shall
 33    recommend to the director that the license be issued, issued with  conditions,
 34    or rejected. The director shall act on a license application within sixty (60)
 35    days after receipt of the panel's recommendation. If the panel recommends con-
 36    ditions,  a  clear  statement of the need for a condition must be submitted to
 37    the director. If the panel recommends rejection, a clear statement of the rea-
 38    sons for the denial must be submitted to the director.
 39        (9)  The director shall issue, issue with conditions or  reject  a  siting
 40    license  only as recommended by the siting panel. The director may reconvene a
 41    siting panel and request reconsideration of its original recommendation  prior
 42    to the director's final action.
 43        (10) An  applicant  or  any person aggrieved by a decision of the director
 44    pursuant to this chapter may within sixty (60) days of  the  director's  deci-
 45    sion, and, after all remedies have been exhausted under the provisions of this
 46    chapter,  seek  judicial  review  under the procedures provided in chapter 52,
 47    title 67, Idaho Code.
 48        39-7912.  STANDARDS FOR DESIGN, OPERATIONS AND CLOSURE.  Unless  otherwise
 49    provided  in  this  chapter,  standards  for design, operations and closure of
 50    swine facilities regulated by this chapter shall be the standards expressed in
 51    this chapter or adopted by the director and applied in rules of the department
 52    of health and welfare regulating swine facilities.
 53        39-7913.  REQUIREMENTS FOR WATER QUALITY PROTECTION.  The  minimum  design
  1    and  performance standards provided in this section are intended as a baseline
  2    for protection of public health and the waters of the state.  These  standards
  3    shall  apply  to  all facilities regulated by this chapter and be reflected in
  4    the permit unless the director approves, based on an applicant's site specific
  5    information, that compliance with a specific standard is not required to  pro-
  6    tect  water  quality and the public health. Other conditions, as determined by
  7    the director to be necessary to protect water quality, may be  included  in  a
  8    permit.
  9        (1)  Animal  waste  management system design criteria. A facility's animal
 10    waste management system shall be designed and constructed in  accordance  with
 11    the  NRCS and the American society of agricultural engineers standards, which-
 12    ever is most stringent and shall:
 13        (a)  Contain the maximum expected operating water balance and the  twenty-
 14        five  (25)  year,  twenty-four (24) hour rainfall event and the one (1) in
 15        five (5) year winter runoff.
 16        (b)  Provide capacity to store the peak volume of process wastewater  that
 17        will be generated during a six (6) month period.
 18        (c)  Provide  a one (1) foot freeboard in addition to the storage require-
 19        ments specified in this subsection.
 20        (d)  Impoundments, other than for emergency runoff, containing or designed
 21        to contain process wastewater shall be designed for efficient leak  detec-
 22        tion and shall not be located in the one-hundred (100) year floodplain.
 23        (e)  Seepage  rates  for  impoundments  shall  be  no  greater than 1x10-7
 24        cm/sec.
 25        (2)  Water quality monitoring. Ground water and/or leak detection monitor-
 26    ing shall be conducted for every facility with a  liquid  storage  impoundment
 27    and  shall  be designed to give the earliest possible detection of an unautho-
 28    rized discharge to ground water.
 29        (3)  Discharges. Facilities shall be constructed, operated and  maintained
 30    to not cause unauthorized discharges.
 31        (4)  Spill contingency plan. Facilities shall prepare a discharge response
 32    strategy  that  describes  procedures  and  methods  to be implemented for the
 33    abatement and cleanup of any pollutant.
 34        (5)  Stockpile areas. Animal  waste  stockpile  areas,  including  compost
 35    areas,  shall be constructed to ensure that all water and precipitation, which
 36    come into contact with the stockpiles, do not enter waters of the state.
 38    facilities regulated by this chapter shall provide financial assurances demon-
 39    strating  financial capability to meet requirements for closure of the facili-
 40    ties and remediation. Requirements for financial assurances  shall  be  deter-
 41    mined by the agency as set forth in rule. Financial assurances may include any
 42    mechanism or combination of mechanisms meeting the requirements established by
 43    agency  rule including, but not limited to, surety bonds, trust funds, irrevo-
 44    cable letters of credit, insurance and corporate guarantees. The  mechanism(s)
 45    used  to  demonstrate  financial capability must be legally valid, binding and
 46    enforceable under applicable law and must ensure that the funds  necessary  to
 47    meet the costs of closure and remediation will be available whenever the funds
 48    are  needed.  The  director may retain financial assurances for up to five (5)
 49    years after closure of a facility to ensure proper closure and remediation, as
 50    defined by rule.
 51        (2)  Nothing in this section prohibits the boards of county  commissioners
 52    of any county or the governing body of any city from adopting regulations that
 53    are  more  stringent  or  that require greater financial assurances than those
 54    imposed by the division of environmental quality.
  2    permittee  fails  to  begin construction or expansion of a facility within two
  3    (2) years of the effective date of a permit, the director may void the  permit
  4    and require a new application.
  5        39-7916. SITE SPECIFIC PERMIT CONDITIONS. (1) Conditions necessary for the
  6    protection of human health, natural resources, private property values and the
  7    environment of the state may differ from facility to facility because of vary-
  8    ing  environmental  conditions and animal waste compositions. The director may
  9    establish, on a case-by-case basis, specific permit conditions. Specific  con-
 10    ditions shall be established in consideration of characteristics specific to a
 11    facility  and  inherent hazards of those characteristics. Such characteristics
 12    include, but are not limited to, the following:
 13        (a)  Chemical, biological, physical and volumetric characteristics of  the
 14        process wastewater;
 15        (b)  Geological and climatic nature of the facility site;
 16        (c)  Size  of  the  site  and  its  proximity to population centers and to
 17        ground and surface water;
 18        (d)  Legal considerations relative to land use,  private  property  rights
 19        and water rights;
 20        (e)  Techniques  used  in process wastewater distribution and the disposi-
 21        tion of that vegetation exposed to process wastewaters; and
 22        (f)  The need for monitoring and recordkeeping to determine if the  facil-
 23        ity  is being operated in conformance with its design and if its design is
 24        adequate to protect the environment and the public health.
 25        (2)  Conditions of the permit may specify or limit:
 26        (a)  Process wastewater composition;
 27        (b)  Method, manner and frequency of process wastewater treatment;
 28        (c)  Physical, chemical and biological characteristics of a facility;
 29        (d)  An odor management plan; and
 30        (e)  Any other condition the director finds necessary  to  protect  public
 31        health or the environment.
 32        (3)  The  director  may  establish a compliance schedule for facilities as
 33    part of the permit conditions including:
 34        (a)  Specific steps or actions to be taken by  the  permittee  to  achieve
 35        compliance with applicable requirements or permit conditions; and
 36        (b)  Dates by which those steps or actions are to be taken.
 37        (4)  Monitoring  requirements.  Any  facility may be subject to monitoring
 38    requirements including, but not limited to, the following:
 39        (a)  The type, installation, use and maintenance of monitoring equipment;
 40        (b)  Monitoring or sampling methodology, frequency and locations;
 41        (c)  Monitored substances or parameters;
 42        (d)  Testing and analytical procedures; and
 43        (e)  Reporting requirements including both frequency and form.
 45    CHAPTER. (1) Minor permit modifications are those which do not have  a  poten-
 46    tial  affect on the environment or the public health. Such modifications shall
 47    be made by the director. Minor permit modifications are generally limited to:
 48        (a)  The correction of typographical errors;
 49        (b)  Transfer of ownership or operational control in accordance with  this
 50        chapter; or
 51        (c)  Certain minor changes in monitoring or operational conditions.
 52        (2)  All  permit  modifications  not considered minor are considered to be
 53    major modifications.
  1        (3)  Major modifications to the permit require that an owner  or  operator
  2    amend  the  approved  design plan, operations plan or water quality protection
  3    plan. Major modifications include, but are not limited to:
  4        (a)  Lateral expansion outside an approved waste management unit  boundary
  5        design;
  6        (b)  Unpredictable change affecting any environmental monitoring program;
  7        (c)  Change of liner design; or
  8        (d)  A  modification  of  the  design  or  operation  due to initiation of
  9        remediation.
 10        (4)  The scope of new investigations and plan amendment shall  be  defined
 11    by  the  owner, operator, director and health district before any modification
 12    is begun. Only those stages of the applicable approval process affected by the
 13    request for modification shall be required.
 14        39-7918.  TRANSFER OF PERMITS. (1) Permits may be  transferred  only  upon
 15    approval  of  the director.  A new or proposed owner or operator of a facility
 16    shall submit to the director an application to transfer a permit issued pursu-
 17    ant to this chapter.  The transfer application shall include at least the fol-
 18    lowing:
 19        (a)  Relevant information required by the director; and
 20        (b)  Any change of conditions at the facility resulting from the  transfer
 21        of ownership or operation.
 22        (2)  The  director  shall review the transfer application and within sixty
 23    (60) days of its receipt either approve or deny the transfer.
 24        (3)  The transfer of a permit by itself is not a  major  change  requiring
 25    modification  of  the permit.  However, the circumstances of individual trans-
 26    fers may involve major changes of conditions at a facility requiring modifica-
 27    tion of the permit.  Major changes are subject to this chapter.
 28        (4)  If the director denies the transfer of a permit, notice of the denial
 29    shall be provided to the applicant.  The notice of denial shall set forth  the
 30    reasons  for the denial, steps necessary to meet the requirements for a permit
 31    transfer and the opportunity for the applicant to request a hearing.
 32        (5)  The person to whom a permit is transferred  assumes  all  rights  and
 33    responsibilities of the transferred permit.
 34        39-7919.  DIRECTOR  MAY REQUEST ADDITIONAL INFORMATION. At any time during
 35    the application process an applicant shall provide  the  director  with  addi-
 36    tional  information  the  director deems necessary to process a permit, within
 37    thirty (30) days of the director's request. The time period within  which  the
 38    director must act with regard to the permit shall be stayed until the informa-
 39    tion  requested  is provided. If an applicant fails to provide the information
 40    within this time period, unless a longer time period is allowed by the  direc-
 41    tor,  the director may cease the application process and require the applicant
 42    to submit a new application.
 43        39-7920.  VIOLATIONS AND ENFORCEMENT. (1) The following acts are unlawful:
 44        (a)  Failure to comply with this chapter and any rules of  the  department
 45        regulating  swine  facilities,  and  conditions of permit approval granted
 46        pursuant to this chapter;
 47        (b)  Knowingly making a false statement, representation, or  certification
 48        in  any  application report, document, or record developed, maintained, or
 49        submitted pursuant to this chapter, rules or conditions of a permit.
 50        (2)  Any person violating this chapter or any permit or order  under  this
 51    chapter  is  liable for a civil or criminal penalty in accordance with chapter
 52    1, title 39, Idaho Code.  The director may apply the provisions of chapter  1,
  1    title 39, Idaho Code, to insure compliance.
  2        (3)  The director may revoke a permit:
  3        (a)  For  material  violation  of  any condition of a permit, final agency
  4        order or order or judgment of a court secured  by  any  state  or  federal
  5        agency and relating to the operation of a swine facility;
  6        (b)  If an approval or permit was obtained by misrepresentation or failure
  7        to disclose all relevant facts;
  8        (c)  If  approval  for  adequate  water rights cannot be obtained from the
  9        Idaho department of water resources;
 10        (d)  The facility does not meet the requirements of this chapter.
 11        (4)  A private right of action in  behalf  of  any  person  who  has  been
 12    injured  or damaged by any approval authorized in this chapter or violation of
 13    the terms of any approval or rule authorized in this chapter may be maintained
 14    in accordance with the provisions of this chapter  and/or  the  provisions  of
 15    chapter 52, title 67, Idaho Code, as applicable.
 16        39-7921.  CONFIDENTIALITY  OF  RECORDS.  Information  obtained by a public
 17    agency pursuant to this chapter or its associated rules is subject  to  public
 18    disclosure  pursuant  to  the  provisions  of  chapter 3, title 9, Idaho Code.
 19    Information submitted under a trade secret claim may be entitled to  confiden-
 20    tial  treatment as provided in section 9-342A, Idaho Code, and IDAPA 16.01.21,
 21    "Rules Governing the Protection and Disclosure of Records in the Possession of
 22    the Idaho Division of Environmental Quality."
 23        39-7922.  SEVERABILITY CLAUSE. If any provision of  this  chapter  or  its
 24    application to any person or circumstance is held invalid, the invalidity does
 25    not affect other provisions or applications of this chapter which can be given
 26    effect  without the invalid provision or application, and to this end the pro-
 27    visions of this chapter are severable.
 28        39-7923.  CONFLICTS CLAUSE. If a conflict arises between this chapter  and
 29    rules of the department regulating swine facilities, the most restrictive pro-
 30    vision shall apply.
 31        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 32    declared to exist, this act shall be in full force and effect on and after its
 33    passage and approval.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                       RS 09872 
          This proposal is a "siting act" for proposed industrial hog farms exceeding
     20,000 animal units. The proposal is optional for counties that may opt in the
     provisions of this chapter or regulate the siting of facilities independently of this
     chapter. This act does not conflict with applicable environmental rules by
     agencies of state government. 
          The "siting act" calls for a panel consisting of members appointed by the
     county commissioners, city council, three state agencies, and a chair appointed by
     the governor. The act provides procedures by which the siting panel shall hold
     hearings and recommend to the Director of the Department of Health and Welfare
     that a site permit be issued or denied. 
          This proposal includes provisions for a fee, rule making, discretionary
     setback requirements, and provisions for closure and remediation. 
                    FISCAL IMPACT 
     None to the state general fund or counties. Cost of the siting panel is covered by
     the siting fee. 
     Senator Denton Darrington
     Phone 332-1317 
     Representative Jim Kempton
     Phone 332-1250 
     Speaker Bruce Newcomb
     Phone 332-1234 
                                                  STATEMENT OF PURPOSE/FISCAL IMPACT           S 1400