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S1398aa.............................................by AGRICULTURAL AFFAIRS
BEEF CATTLE ENVIRONMENTAL CONTROL ACT - Adds to existing law to establish
the "Beef Cattle Environmental Control Act"; to provide a short title; to
provide legislative intent; to provide authority and duties of the director
of the Department of Agriculture concerning beef cattle animal feeding
operations; to provide definitions; to provide for design and construction
of new and modified beef cattle animal feeding operations; to require
nutrient management plans; to authorize inspections; to prohibit
unauthorized discharges; to provide enforcement; and to provide that all
beef cattle animal feeding operations operating in compliance shall be
deemed to be in compliance with all state laws protecting natural resources
in the state.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Agric Aff
02/22 Rpt out - to 14th Ord
02/23 Rpt out amen - to engros
02/24 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 33-1-1
AYES--Andreason, Bunderson, Burtenshaw, Cameron, Crow, Danielson,
Darrington,Davis, Deide, Dunklin, Frasure, Geddes, Ingram, Ipsen,
Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Walton, Wheeler, Whitworth, Williams
NAYS--Hawkins
Absent and excused--Boatright
Floor Sponsors - Branch, Burtenshaw
Title apvd - to House
03/03 House intro - 1st rdg as amen - to Agric Aff
03/15 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 51-17-2
AYES -- Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13),
Field(20), Hadley, Hammond, Hansen(23), Hansen(29), Henbest,
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Linford, Mader, Marley, Meyer, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Ridinger, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Trail, Wheeler, Zimmermann
NAYS -- Alltus, Barraclough, Cheirrett, Denney, Gagner, Geddes,
Gould, Loertscher, McKague, Pearce, Ringo, Robison, Sali, Taylor,
Tilman, Wood, Mr Speaker
Absent and excused -- Moss, Reynolds
Floor Sponsors - Lake, Field(20)
Title apvd - to Senate
03/21 To enrol
03/22 Rpt enrol - Pres signed
03/23 Sp signed
03/24 To Governor
03/29 Governor signed
Session Law Chapter 63
Effective: 07/01/00
Caveat: Agreement by 03/31/01
S1398
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1398, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF AGRICULTURE; AMENDING TITLE 22, IDAHO CODE, BY
3 THE ADDITION OF A NEW CHAPTER 49, TITLE 22, IDAHO CODE, TO ESTABLISH THE
4 BEEF CATTLE ENVIRONMENTAL CONTROL ACT, TO PROVIDE A SHORT TITLE, TO PRO-
5 VIDE A DECLARATION OF POLICY AND LEGISLATIVE INTENT, TO PROVIDE AUTHORITY
6 AND DUTIES OF THE DIRECTOR CONCERNING BEEF CATTLE ANIMAL FEEDING OPERA-
7 TIONS, TO PROVIDE DEFINITIONS, TO PROVIDE FOR DESIGN AND CONSTRUCTION OF
8 NEW AND MODIFIED BEEF CATTLE ANIMAL FEEDING OPERATIONS, TO REQUIRE NUTRI-
9 ENT MANAGEMENT PLANS, TO AUTHORIZE INSPECTIONS, TO PROHIBIT UNAUTHORIZED
10 DISCHARGES, TO PROVIDE ENFORCEMENT, TO PROVIDE THAT ALL BEEF CATTLE ANIMAL
11 FEEDING OPERATIONS OPERATING IN COMPLIANCE SHALL BE DEEMED TO BE IN COM-
12 PLIANCE WITH ALL STATE LAWS PROTECTING NATURAL RESOURCES OF THE STATE; AND
13 PROVIDING AN EFFECTIVE DATE.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Title 22, Idaho Code, be, and the same is hereby amended
16 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
17 ter 49, Title 22, Idaho Code, and to read as follows:
18 CHAPTER 49
19 BEEF CATTLE ENVIRONMENTAL CONTROL ACT
20 22-4901. SHORT TITLE. This chapter shall be known and cited as the "Beef
21 Cattle Environmental Control Act."
22 22-4902. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1)
23 The legislature recognizes the importance of protecting state natural
24 resources including, surface water and ground water. It is the intent of the
25 legislature to protect the quality of these natural resources while maintain-
26 ing an economically viable beef cattle industry in the state. The beef cattle
27 industry produces manure and process wastewater which, when properly used,
28 supplies valuable nutrients and organic matter to soils and is protective of
29 the environment, but may, when improperly stored and managed, create adverse
30 impacts on natural resources, including waters of the state. This act is
31 intended to ensure that manure and process wastewater associated with beef
32 cattle operations are handled in a manner which protects the natural resources
33 of the state.
34 (2) Further, the legislature recognizes that the beef cattle industry is
35 potentially subject to various state and federal laws designed to protect
36 state natural resources and that the Idaho department of agriculture is in the
37 best position to administer and implement these various laws. It is therefore
38 the intent of the legislature that the administration of this law by the
39 department of agriculture fully meets the goals and requirements of the fed-
40 eral clean water act and state laws designed to further protect state waters
41 and that administration of this act by the department of agriculture shall not
2
1 be more stringent than or broader in scope than the requirements of the clean
2 water act and applicable state and federal laws. The department shall have
3 authority to administer all laws to protect the quality of water within the
4 confines of a beef cattle animal feeding operation. In carrying out this act
5 the department shall prioritize its resources on operations which have the
6 greatest potential to significantly impact the environment and ensure that any
7 requirements imposed under this act upon operators of beef cattle animal feed-
8 ing operations are cost-effective and economically, environmentally and
9 technologically feasible.
10 (3) Successful implementation of this act is dependent upon the depart-
11 ment receiving adequate funding from the legislature and is dependent upon the
12 department executing a memorandum of agreement with the United States environ-
13 mental protection agency, the division of environmental quality and the Idaho
14 cattle association which sets forth a working arrangement between the agencies
15 to ensure compliance with this act and applicable state and federal laws,
16 including the federal clean water act. Moreover, the legislature recognizes
17 that it is important for the state to obtain a delegated national pollutant
18 discharge elimination system (NPDES) permit program from the EPA under the
19 clean water act.
20 22-4903. AUTHORITY AND DUTIES OF DIRECTOR CONCERNING BEEF CATTLE ANIMAL
21 FEEDING OPERATIONS. The director of the department of agriculture through the
22 division of animal industries is authorized to regulate beef cattle animal
23 feeding operations to protect state natural resources, including surface water
24 and ground water. In order to carry out its duties under this act, the depart-
25 ment shall be the responsible state department to prevent any ground water
26 contamination from beef cattle animal feeding operations as provided under
27 section 39-120, Idaho Code. The director shall have the authority to exercise
28 any other authorities delegated by the administrator of the division of envi-
29 ronmental quality regarding the protection of ground water, surface water and
30 other natural resources associated with confined animal feeding operations,
31 and this shall be the authority for the administrator of the division of envi-
32 ronmental quality to so delegate. The administrator of the division of envi-
33 ronmental quality shall consult with the director of the department of agri-
34 culture before certifying discharges from beef cattle animal feeding opera-
35 tions as provided under 33 U.S.C. section 1341.
36 22-4904. DEFINITIONS. When used in this act:
37 (1) "Beef cattle" means slaughter and feeder cattle that are kept on or
38 contiguous to the animal feeding operation and are owned or controlled by the
39 animal feeding operation.
40 (2) "Beef cattle animal feeding operation" means an animal feeding opera-
41 tion which confines slaughter and feeder cattle as defined in 40 CFR 122.23
42 and 40 CFR part 122, appendix B.
43 (3) "Best management practices" means practices, techniques or measures
44 which are determined to be cost-effective and practicable means of preventing
45 or reducing pollutants from point sources or nonpoint sources to a level com-
46 patible with environmental goals, including water quality goals and standards
47 for waters of the state. Best management practices shall be adopted pursuant
48 to the state water quality management plan, the Idaho ground water quality
49 plan or this act.
50 (4) "Department" means the Idaho department of agriculture.
51 (5) "Director" means the director of the Idaho department of agriculture.
52 (6) "Manure" means animal excrement that may also contain bedding,
53 spilled feed, water or soil.
3
1 (7) "Modification" or "modified" means structural changes and alterations
2 to the wastewater storage containment facility which would require increased
3 storage or containment capacity or such changes which would alter the function
4 of the wastewater storage containment facility.
5 (8) "Noncompliance" means a practice or condition that causes an unautho-
6 rized discharge, or a practice or condition, that if left uncorrected, will
7 cause an unauthorized discharge.
8 (9) "National pollutant discharge elimination system (NPDES)" means the
9 point source permitting program established pursuant to section 402 of the
10 federal clean water act.
11 (10) "Nutrient management plan" means a plan prepared in conformance with
12 the nutrient management standard or other equally protective standard for man-
13 aging the amount, placement, form and timing of the land application of nutri-
14 ents and soil amendments.
15 (11) "Nutrient management standard" means the 1999 publication by the
16 United States department of agriculture, natural resources conservation ser-
17 vice, conservation practice standard, nutrient management code 590 or other
18 equally protective standard approved by the director.
19 (12) "Person" means any individual, association, partnership, firm, joint
20 stock company, joint venture, trust, estate, political subdivision, public or
21 private corporation, state or federal governmental department, agency or
22 instrumentality, or any legal entity, which is recognized by law as the sub-
23 ject of rights and duties.
24 (13) "Process wastewater" means liquid containing beef cattle manure,
25 process generated wastewater and any precipitation which comes into direct
26 contact with livestock manure and facility products or byproducts.
27 (14) "Unauthorized discharge" means a discharge of process wastewater or
28 livestock manure to state surface waters that is not authorized by an NPDES
29 permit or the release of process wastewater or livestock manure to waters of
30 the state that does not meet the requirements of this act or water quality
31 standards.
32 (15) "Wastewater storage and containment facilities" means the portion of
33 an animal feeding operation where manure or process wastewater is stored or
34 collected. This may include corrals, feeding areas, waste collection systems,
35 waste conveyance systems, waste storage ponds, waste treatment lagoons and
36 evaporative ponds.
37 (16) "Waters of the state" means all accumulations of water, surface and
38 underground, natural and artificial, public and private, or parts thereof
39 which are wholly or partially within, which flow through or border upon the
40 state.
41 22-4905. DESIGN AND CONSTRUCTION. Each new beef cattle animal feeding
42 operation and each modified beef cattle animal feeding operation shall design
43 and construct all new and modified wastewater storage and containment facili-
44 ties in accordance with the engineering standards and specifications provided
45 by the natural resource conservation service or the American society of agri-
46 cultural engineers (ASAE) or other equally protective standard approved by the
47 director. The department's review and approval of plans under this section
48 shall supersede the Idaho department of health and welfare, division of envi-
49 ronmental quality's implementation of plan and specification review and
50 approval provided under section 39-118, Idaho Code. Such design and construc-
51 tion shall be considered a best management practice.
52 22-4906. NUTRIENT MANAGEMENT PLAN. Each beef cattle animal feeding oper-
53 ation shall submit a nutrient management plan to the director for approval.
4
1 Beef cattle animal feeding operations that are operating on or before July 1,
2 2000, shall submit a nutrient management plan to the director for approval no
3 later than January 1, 2005. Any new operation commencing operations after July
4 1, 2000, shall not operate prior to the director's approval of a nutrient man-
5 agement plan. An approved nutrient management plan shall be implemented and
6 considered a best management practice.
7 22-4907. INSPECTIONS. (1) The director or his designee in the division of
8 animal industries is authorized to enter and inspect any beef cattle animal
9 feeding operation and have access to or copy any facility records deemed nec-
10 essary to ensure compliance with this act and the federal clean water act. The
11 director shall comply with the biosecurity protocol of the operation so long
12 as the protocol does not inhibit reasonable access to:
13 (a) Enter at reasonable times upon the premises of a permitted facility
14 or where records are kept;
15 (b) Have access to and copy at reasonable times any records that must be
16 kept under conditions of the permit;
17 (c) Inspect at reasonable times any facility or land application site;
18 and
19 (d) Sample or monitor at reasonable times, substances or parameters
20 directly related to compliance with the NPDES permit or this act.
21 (2) All inspections and investigations conducted under the authority of
22 this act shall be performed in conformity with section 17, article I of the
23 constitution of the state of Idaho. The state shall not, under the authority
24 granted by this act, conduct warrantless searches of private property in the
25 absence of either consent from the property owner or other authorized person.
26 22-4908. DISCHARGES. No animal feeding operation shall cause an unautho-
27 rized discharge. Noncompliance with the provisions of this act or unauthorized
28 discharges may subject a facility to enforcement as provided in this act.
29 22-4909. ENFORCEMENT. (1) Informal administrative resolution of noncom-
30 pliance. When the director identifies items of noncompliance at a beef cattle
31 animal feeding operation, the deficiencies will be noted and appropriate cor-
32 rective actions will be identified and scheduled informally. When corrective
33 actions cannot be commenced within thirty (30) days and completed within a
34 reasonable time, the director may negotiate a compliance order as specified in
35 subsection (2)(b) of this section.
36 (2) (a) Administrative enforcement. Any beef cattle animal feeding oper-
37 ation not complying with the provisions of this act may be assessed a
38 civil penalty by the director or his duly authorized agent in an adminis-
39 trative enforcement action by the issuance of a notice of noncompliance.
40 The notice of noncompliance shall identify the alleged violation with
41 specificity, shall specify each provision of the act or permit which has
42 been violated, and shall state the amount of any civil penalty claimed for
43 each violation and identify appropriate corrective action.
44 (b) The notice of noncompliance shall inform the person to whom it is
45 directed of an opportunity to confer with the director or the director's
46 designee in a compliance conference concerning the alleged violation. A
47 compliance schedule must be requested within fifteen (15) days of receipt
48 of the notice of noncompliance. The compliance conference shall provide an
49 opportunity for the recipient of a notice of noncompliance to explain the
50 circumstances of the alleged violation and, where appropriate, to present
51 a proposal for remedying damage caused by the alleged violation and assur-
52 ing future compliance. If the recipient and the director agree on a plan
5
1 to remedy damage caused by the alleged noncompliance and to assure future
2 compliance, they may enter into a compliance order formalizing their
3 agreement. The compliance order may include a schedule to correct defi-
4 ciencies and a provision providing for payment of any agreed civil pen-
5 alty.
6 (c) A compliance order shall be effective immediately upon signing by
7 both parties and shall preclude any civil enforcement action for the same
8 alleged noncompliance. If a party does not comply with the terms of the
9 compliance order, the director may seek and obtain, in any appropriate
10 district court, specific performance of the compliance order and such
11 other relief as authorized in this act.
12 (d) If the parties cannot reach agreement on a compliance order within
13 sixty (60) days after the receipt of the notice of noncompliance, or if
14 the recipient does not timely request a compliance conference under this
15 section, the director may commence and prosecute a civil enforcement
16 action in district court, in accordance with subsection (3) of this sec-
17 tion.
18 (3) Civil enforcement. The director may initiate a civil enforcement
19 action through the attorney general. Civil enforcement actions shall be com-
20 menced and prosecuted in the district court in and for the county in which the
21 alleged violation occurred, and may be brought against any person who is
22 alleged to have violated any provision of this act or any permit or order
23 which has become effective pursuant to this act. Such action may be brought to
24 compel compliance with any provision of this act or with any permit or order
25 promulgated hereunder and for any relief or remedies authorized in this act.
26 No civil or administrative proceeding may be brought to recover for a viola-
27 tion of any provision of this act or a violation of any permit or order issued
28 pursuant to this act, more than two (2) years after the director had knowledge
29 or ought reasonably to have had knowledge of the violation.
30 (4) Civil penalty. Any person determined in a civil enforcement action to
31 have violated any provision of this act or any permit or order promulgated
32 pursuant to this act shall be liable for a civil penalty not to exceed ten
33 thousand dollars ($10,000) per violation or one thousand dollars ($1,000) for
34 each day of a continuing violation. The method of recovery of said penalty
35 shall be by a civil enforcement action in the district court in and for the
36 county where the violation occurred. Moneys collected for violations of this
37 section or rules promulgated thereunder shall be deposited in the state trea-
38 sury and credited to the state school building fund. The imposition or compu-
39 tation of monetary penalties shall take into account the seriousness of the
40 violation, good faith efforts to comply with the law, the economic impact of
41 the penalty on the violator, the economic benefit, if any, of the violation
42 and such other matters as justice requires.
43 22-4910. SAFE HARBOR. All beef cattle animal feeding operations operating
44 in compliance with this act and approved best management practices shall not
45 be subject to state enforcement action due to violations of state water qual-
46 ity standards or state ground water quality standards except in the event of
47 imminent and substantial danger as provided in chapter 1, title 39, Idaho
48 Code. However, the department shall evaluate and modify such best management
49 practices as necessary.
50 SECTION 2. This act shall be in full force and effect on and after July
51 1, 2000, but shall be null, void and of no force and effect after March 31,
52 2001, unless the Idaho department of agriculture negotiates an acceptable mem-
53 orandum of understanding with the EPA, the division of environmental quality
6
1 and the Idaho cattle association to carry out this act.
AS1398
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Burtenshaw
Seconded by Branch
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1398
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 2, following "." insert: "The
3 department shall have authority to administer all laws to protect the quality
4 of water within the confines of a beef cattle animal feeding operation."; in
5 line 11, following "agency" insert: ", the division of environmental quality";
6 in line 24, delete ", and the department shall be the authorized state";
7 delete lines 25 and 26 and insert: ". The director shall have the authority to
8 exercise any other authorities delegated by the administrator of the division
9 of environmental quality regarding the protection of ground water, surface
10 water and other natural resources associated with confined animal feeding
11 operations, and this shall be the authority for the administrator of the divi-
12 sion of environmental quality to so delegate. The administrator of the divi-
13 sion of environmental quality shall consult with the director of the depart-
14 ment of agriculture before certifying discharges from beef cattle animal feed-
15 ing operations as provided under 33 U.S.C. section 1341."; in line 31, delete
16 "a" and insert: "an animal feeding operation which confines"; in line 32,
17 delete "animal feeding"; and also in line 32, delete "operation"; in line 33,
18 delete "123" and insert: "122"; in line 36, following "from" insert: "point
19 sources or"; and in line 38, following "." insert: "Best management practices
20 shall be adopted pursuant to the state water quality management plan, the
21 Idaho ground water quality plan or this act.".
22 On page 3, in line 19, following "act" insert: "or water quality stan-
23 dards"; in line 43, delete "on"; in line 44, delete "or before" and insert:
24 "no later than"; and in line 46, following "be" insert: "implemented and".
25 On page 4, delete lines 46 and 47 and insert: "alty.".
26 On page 5, in line 28, delete "may" and insert: "shall"; delete lines 33
27 and 34 and insert: "in compliance with this act and approved best management
28 practices shall not be subject to state enforcement action due to violations
29 of state water quality standards or state ground water quality standards
30 except in the event of imminent and substantial danger as provided in chapter
31 1, title 39, Idaho Code. However, the department shall evaluate and modify
32 such best management practices as necessary."; and in line 38, following "EPA"
33 insert: ", the division of environmental quality and the Idaho cattle associa-
34 tion".
STATEMENT OF PURPOSE
RS 09834C1
This bill increases the level of compliance among beef animal feeding operations (AFO)
with existing state and federal environmental requirements. The purpose of this bill is to
consolidate existing state and federal environmental requirements at the Idaho
department of agriculture in order to increase the speed, efficiency and manner in which
these requirements are administered and enforced. While increasing environmental
compliance that is in the best interest of the general public this bill will also be in the best
interest of ranchers and beef feedlots across the state. The bill will simplify the currently
complicated requirements for existing beef operations in a manner that is easy to
understand and implement in a cost-effective, practical manner. This bill clearly provides
that the Idaho state department of agriculture has authority within the confines of the beef
AFO but outside the confines of the beef AFO the Division of Environmental Quality
maintains authority for human health and safety. If an MOU with EPA is not obtained to
transfer federal inspection authority the proposed legislation will sunset on March 31,
2001.
FISCAL IMPACT
Due to the increased level of inspections and compliance the State, through the Idaho
department of agriculture, will be fiscally impacted at a maximum of $263,000 the first
year and a maximum of $198,000 in subsequent years. The final level of funding will
depend on various factors including but not limited to approval of the Idaho department
of agriculture budget for FY 2001.
Contact: Senator Don Burtenshaw
332-1344
Sara Braasch, Idaho Cattle Association
343-1615
STATEMENT OF PURPOSE/ FISCAL NOTE S 1398