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S1479...............................................by AGRICULTURAL AFFAIRS
LIVESTOCK OWNERS - Amends existing law to clarify authority of the
director; to require livestock owners or operators required to have county
livestock or conditional use permits to comply with the animal or animal
unit numbers provided by such permits on an individual basis at the
county's request; to provide duties of contract manure haulers and
livestock owners or operators that haul livestock waste from any livestock
facility to the point of application; and to provide for adequate water
rights before a permit will be issued.
02/18 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Agric Aff
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 27-6-2
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Danielson,
Darrington, Deide, Dunklin, Frasure, Geddes, Ipsen, Keough,
King-Barrutia, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS--Cameron, Hawkins, Ingram, Parry, Walton/Branch, Whitworth
Absent and excused--Crow, Davis
Floor Sponsor - Sandy
Title apvd - to House
03/09 House intro - 1st rdg - to Agric Aff
S1479
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1479
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AUTHORITY AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF AGRICUL-
3 TURE CONCERNING AGRICULTURAL WASTE; AMENDING SECTION 22-110, IDAHO CODE,
4 TO CLARIFY AUTHORITY OF THE DIRECTOR, TO REQUIRE LIVESTOCK OWNERS OR OPER-
5 ATORS REQUIRED TO HAVE COUNTY LIVESTOCK OR CONDITIONAL USE PERMITS TO COM-
6 PLY WITH THE ANIMAL OR ANIMAL UNIT NUMBERS PROVIDED BY SUCH PERMITS ON AN
7 INDIVIDUAL BASIS AT THE COUNTY'S REQUEST, TO PROVIDE DUTIES OF CONTRACT
8 MANURE HAULERS AND LIVESTOCK OWNERS OR OPERATORS THAT HAUL LIVESTOCK WASTE
9 FROM ANY LIVESTOCK FACILITY TO THE POINT OF APPLICATION AND TO PROVIDE FOR
10 ADEQUATE WATER RIGHTS BEFORE A PERMIT WILL BE ISSUED; AND DECLARING AN
11 EMERGENCY.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 22-110, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 22-110. AUTHORITY AND DUTIES OF DIRECTOR CONCERNING AGRICULTURAL WASTE.
16 (1) In addition to other powers and duties, the director of the state depart-
17 ment of agriculture shall have authority to regulate agricultural solid waste,
18 agricultural composting, livestock waste such as manure, soil bedding, com-
19 post, and other similar agricultural activities to safeguard and protect ani-
20 mals, man and the environment. The director may promulgate rules in compliance
21 with chapter 52, title 67, Idaho Code, that may be necessary for the efficient
22 enforcement of the provisions of this section. The director may collaborate
23 with any state agency, federal agency or other governmental entity in the
24 development of rules promulgated pursuant to this section.
25 (2) The director may, by rule, establish a schedule of fees for services
26 performed by the department in the administration of this section and rules
27 promulgated pursuant thereto. Receipts of these fees shall be deposited in the
28 agricultural inspection fund pursuant to section 22-104, Idaho Code, and shall
29 be used, subject to annual appropriation of the legislature, to pay the cost
30 of administering the provisions of this section and rules promulgated pursuant
31 thereto.
32 (3) The director shall require livestock owners or operators required to
33 have county livestock or conditional use permits to comply with the animal or
34 animal unit numbers provided by such permits on an individual basis at the
35 county's request.
36 (4) The director shall require contract manure haulers and livestock
37 owners or operators that haul livestock waste from any livestock facility to
38 the point of application to be responsible for preventing undue spillage or
39 leakage of livestock waste from the boundaries of the livestock facility to
40 the boundaries of the application site. In the event that excessive spillage
41 or leakage has occurred, the responsible party must immediately rectify the
42 problem.
43 (5) The director shall verify that a livestock operation possesses an
2
1 adequate valid water right(s) before issuing a permit to commence operation.
2 (6) Any person violating the provisions of this section or rules promul-
3 gated pursuant thereto may be assessed a civil penalty by the department or
4 its duly authorized agent of not more than three thousand dollars ($3,000) for
5 each offense and shall be liable for reasonable attorney's fees. Assessment of
6 a civil penalty may be made in conjunction with any other department adminis-
7 trative action. No civil penalty may be assessed unless the person charged has
8 been given notice and opportunity for a hearing pursuant to the Idaho adminis-
9 trative procedure act, chapter 52, title 67, Idaho Code. If the department is
10 unable to collect such civil penalty or if any person fails to pay all or a
11 set portion of the civil penalty as determined by the department, it may
12 recover such amount by action in the appropriate district court. Any person
13 against whom the department has assessed a civil penalty under this section
14 may, within twenty-eight (28) days of the final agency action making the
15 assessment, seek judicial review of the assessment in accordance with the pro-
16 visions of chapter 52, title 67, Idaho Code. Moneys collected for violations
17 of this section or rules promulgated thereunder shall be deposited in the
18 state treasury and credited to the agricultural inspection fund. When the
19 director identifies items of noncompliance with the rules promulgated pursuant
20 to this section, appropriate corrective actions will be identified. The direc-
21 tor may develop a formal compliance schedule as appropriate to correct defi-
22 ciencies. The director may, through the formal compliance schedule, allow all
23 or part of the value of assessed civil penalties to be applied toward correc-
24 tion of deficiencies.
25 SECTION 2. An emergency existing therefor, which emergency is hereby
26 declared to exist, this act shall be in full force and effect on and after its
27 passage and approval.
STATEMENT OF PURPOSE
RS10052C3
The purpose of this proposed legislation is to require livestock owners or
operators required to have county livestock or conditional use permits to comply
with the animal or animal unit numbers provided by such permits. To provide
duties of contract manure haulers and livestock owners or operators that haul
livestock waste from any livestock facility to the point of application and to
provide for adequate water rights before a permit will be issued.
FISCAL NOTE
The proposed legislation should not impose any new or increased fiscal impact.
Contacts: Senator John Sandy
Phone: (208) 332-1305
STATEMENT OF PURPOSE/FISCAL IMPACT Bill No. S 1479