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H0314.....................................................by WAYS AND MEANS
SWINE AND POULTRY FACILITIES - Amends existing law to provide that certain
swine and poultry facilities must meet the requirements of Section 39-7907,
Idaho Code, and rules of the Department of Environmental Quality prior to
issuance of a final permit by the director; and to provide for facility
requirements.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to W/M
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 314
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO LARGE SWINE AND POULTRY FEEDING OPERATIONS; AMENDING SECTION
3 39-104A, IDAHO CODE, TO PROVIDE THAT THOSE FACILITIES COVERED BY CHAPTER
4 79, TITLE 39, IDAHO CODE, SHALL MEET THE REQUIREMENTS OF SECTION 39-7907,
5 IDAHO CODE, AND RULES OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY REGULAT-
6 ING SWINE AND POULTRY FACILITIES PRIOR TO THE ISSUANCE OF A FINAL PERMIT
7 BY THE DIRECTOR, TO PROVIDE FOR FACILITY REQUIREMENTS AND TO MAKE TECHNI-
8 CAL CORRECTIONS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 39-104A, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-104A. AUTHORITY TO MAKE RULES REGULATING LARGE SWINE AND POULTRY FEED-
13 ING OPERATIONS -- FINANCIAL ASSURANCES. (1) The state of Idaho is experiencing
14 the development of large swine and poultry feeding operations which are inade-
15 quately controlled through existing state regulatory mechanisms. If not prop-
16 erly regulated, these facilities pose a threat to the state's surface and
17 ground water resources. Due to existing rulemaking authority, the division
18 department of environmental quality is in the best position of all state agen-
19 cies to modify its present rules and to make new rules to develop an adequate
20 regulatory framework for large swine and poultry feeding operations.
21 (2) The division department of environmental quality is authorized to
22 modify its existing administrative rules and to make new rules regulating
23 large swine and poultry feeding operations, as they shall be defined by the
24 division department. The division department is authorized to work with the
25 Idaho department of agriculture in the development of such rules.
26 (3) Owners and operators of swine and poultry facilities required to
27 obtain a permit from the division department of environmental quality to con-
28 struct, operate, expand or close the facilities shall provide financial assur-
29 ances demonstrating financial capability to meet requirements for operation
30 and closure of the facilities and remediation. Requirements for financial
31 assurances shall be determined by the agency as set forth in rule. Financial
32 assurances may include any mechanism or combination of mechanisms meeting the
33 requirements established by agency rule including, but not limited to, surety
34 bonds, trust funds, irrevocable letters of credit, insurance and corporate
35 guarantees. The mechanism(s) used to demonstrate financial capability must be
36 legally valid, binding and enforceable under applicable law and must ensure
37 that the funds necessary to meet the costs of closure and remediation will be
38 available whenever the funds are needed. The director may retain financial
39 assurances for up to five (5) years after closure of a facility to ensure
40 proper closure and remediation, as defined by rule.
41 (4) Those facilities covered by chapter 79, title 39, Idaho Code, shall
42 meet the requirements of section 39-7907, Idaho Code, in addition to the
43 requirements of this chapter and the department of environmental quality's
2
1 rules regulating swine and poultry facilities, prior to the issuance of a
2 final permit by the director. The director may require that such facilities
3 be constructed in a phased manner over a period of time and that no additional
4 facilities be constructed until the director approves the associated waste
5 treatment system.
6 (5) Nothing in this section prohibits the boards of county commissioners
7 of any county or the governing body of any city from adopting regulations that
8 are more stringent or that require greater financial assurances than those
9 imposed by the division department of environmental quality. A board of county
10 commissioners of a county or a governing body of a city in which a swine or
11 poultry facility is located may choose to determine whether the facility is
12 properly closed according to imposed standards or may leave that determination
13 to the division department. This choice shall be communicated to the director
14 in writing when closure begins; provided that determinations of closure by a
15 board of county commissioners of a county or a governing body of a city in
16 which the swine or poultry facility is located shall not permit closure under
17 less stringent requirements than those imposed by the division department.
18 (56) As used in this section:
19 (a) "Animal unit" means a unit equaling two and one-half (2.5) swine,
20 each weighing over twenty-five (25) kilograms (approximately fifty-five
21 (55) pounds), or ten (10) weaned swine, each weighing under twenty-five
22 (25) kilograms, or one hundred (100) poultry. Total animal units are cal-
23 culated by adding the number of swine weighing over twenty-five (25)
24 kilograms multiplied by four-tenths (.4) plus the number of weaned swine
25 weighing under twenty-five (25) kilograms multiplied by one-tenth (.1)
26 plus the number of poultry multiplied by one one-hundredth (.01).
27 (b) "Facilities" or "facility" means a place, site or location or part
28 thereof where swine or poultry are kept, handled, housed or otherwise
29 maintained and includes, but is not limited to, buildings, lots, pens and
30 animal waste management systems, and which has a one-time animal unit
31 capacity of two thousand (2,000) or more animal units.
32 (c) "Large swine and poultry feeding operations" means swine facilities
33 and poultry facilities having a one-time animal unit capacity of two thou-
34 sand (2,000) or more animal units.
35 (d) "One-time animal unit capacity" means the maximum number of animal
36 units that a facility is capable of housing at any given time.
STATEMENT OF PURPOSE
RS 11173
The purpose of this legislation is to provide that those
facilities covered by Chapter 79, Title 39, Idaho Code, (Local
Option Swine Facilities Siting Act) shall meet the requirements
of Section 39Ä7907, Idaho Code, in addition to the requirements
of the Environmental Protection and Health Act (Chapter 1, Title
39, Idaho Code) and the Department of Environmental Quality's
rules regulating swine and poultry facilities, prior to the
issuance of a final permit by the Director of the Department of
Environmental Quality. The Director of the Department of
Environmental Quality may require that such facilities be
constructed in a phased manner over a period of time and that no
additional facilities be constructed until the Director approves
the associated waste treatment system.
FISCAL IMPACT
No additional fiscal impact to any fund of state or local
government.
Contact
Name: Speaker Bruce Newcomb
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 314