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H0339.....................................................by WAYS AND MEANS
SWINE AND POULTRY FACILITIES - Amends existing law to provide that certain
swine 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.
02/28 House intro - 1st rdg - to printing
03/01 Rpt prt - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 67-0-3
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moss, Moyle, Pearce, Pischner, Pomeroy, Ridinger, Roberts, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone,
Swan, Tilman, Trail, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Raybould, Wheeler
Floor Sponsors -- Newcomb & Jaquet
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to Agric Aff
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Deide, Williams
Floor Sponsors -- Sandy & Darrington
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
03/26 Pres signed - to Governor
04/09 Governor signed
Session Law Chapter 350
Effective: 04/09/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 339
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 SWINE FACILITIES DESCRIBED IN
4 SECTION 39-7905, IDAHO CODE, SHALL MEET THE REQUIREMENTS OF SECTION
5 39-7907, IDAHO CODE, AND THE RULES OF THE DEPARTMENT OF ENVIRONMENTAL
6 QUALITY REGULATING SWINE AND POULTRY FACILITIES PRIOR TO THE ISSUANCE OF A
7 FINAL PERMIT BY THE DIRECTOR, TO PROVIDE FOR FACILITY REQUIREMENTS AND TO
8 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-7907, IDAHO CODE, TO PRO-
9 VIDE MINIMUM SETBACK DISTANCES FOR SWINE FACILITIES; AND DECLARING AN
10 EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 39-104A, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-104A. AUTHORITY TO MAKE RULES REGULATING LARGE SWINE AND POULTRY FEED-
15 ING OPERATIONS -- FINANCIAL ASSURANCES. (1) The state of Idaho is experiencing
16 the development of large swine and poultry feeding operations which are inade-
17 quately controlled through existing state regulatory mechanisms. If not prop-
18 erly regulated, these facilities pose a threat to the state's surface and
19 ground water resources. Due to existing rulemaking authority, the division
20 department of environmental quality is in the best position of all state agen-
21 cies to modify its present rules and to make new rules to develop an adequate
22 regulatory framework for large swine and poultry feeding operations.
23 (2) The division department of environmental quality is authorized to
24 modify its existing administrative rules and to make new rules regulating
25 large swine and poultry feeding operations, as they shall be defined by the
26 division department. The division department is authorized to work with the
27 Idaho department of agriculture in the development of such rules.
28 (3) Owners and operators of swine and poultry facilities required to
29 obtain a permit from the division department of environmental quality to con-
30 struct, operate, expand or close the facilities shall provide financial assur-
31 ances demonstrating financial capability to meet requirements for operation
32 and closure of the facilities and remediation. Requirements for financial
33 assurances shall be determined by the agency as set forth in rule. Financial
34 assurances may include any mechanism or combination of mechanisms meeting the
35 requirements established by agency rule including, but not limited to, surety
36 bonds, trust funds, irrevocable letters of credit, insurance and corporate
37 guarantees. The mechanism(s) used to demonstrate financial capability must be
38 legally valid, binding and enforceable under applicable law and must ensure
39 that the funds necessary to meet the costs of closure and remediation will be
40 available whenever the funds are needed. The director may retain financial
41 assurances for up to five (5) years after closure of a facility to ensure
42 proper closure and remediation, as defined by rule.
43 (4) Those swine facilities described in section 39-7905, Idaho Code,
2
1 shall meet the requirements of section 39-7907, Idaho Code, in addition to the
2 requirements of this chapter and the department of environmental quality's
3 rules regulating swine and poultry facilities, prior to the issuance of a
4 final permit by the director. The director shall require that swine facilities
5 be constructed in a phased manner over a period of time and that no additional
6 facilities be constructed until the director approves the associated waste
7 treatment system. The director may require that poultry facilities be con-
8 structed in a phased manner over a period of time and that no additional
9 facilities be constructed until the director approves the associated waste
10 treatment system.
11 (5) Nothing in this section prohibits the boards of county commissioners
12 of any county or the governing body of any city from adopting regulations that
13 are more stringent or that require greater financial assurances than those
14 imposed by the division department of environmental quality. A board of county
15 commissioners of a county or a governing body of a city in which a swine or
16 poultry facility is located may choose to determine whether the facility is
17 properly closed according to imposed standards or may leave that determination
18 to the division department. This choice shall be communicated to the director
19 in writing when closure begins; provided that determinations of closure by a
20 board of county commissioners of a county or a governing body of a city in
21 which the swine or poultry facility is located shall not permit closure under
22 less stringent requirements than those imposed by the division department.
23 (56) As used in this section:
24 (a) "Animal unit" means a unit equaling two and one-half (2.5) swine,
25 each weighing over twenty-five (25) kilograms (approximately fifty-five
26 (55) pounds), or ten (10) weaned swine, each weighing under twenty-five
27 (25) kilograms, or one hundred (100) poultry. Total animal units are cal-
28 culated by adding the number of swine weighing over twenty-five (25)
29 kilograms multiplied by four-tenths (.4) plus the number of weaned swine
30 weighing under twenty-five (25) kilograms multiplied by one-tenth (.1)
31 plus the number of poultry multiplied by one one-hundredth (.01).
32 (b) "Facilities" or "facility" means a place, site or location or part
33 thereof where swine or poultry are kept, handled, housed or otherwise
34 maintained and includes, but is not limited to, buildings, lots, pens and
35 animal waste management systems, and which has a one-time animal unit
36 capacity of two thousand (2,000) or more animal units.
37 (c) "Large swine and poultry feeding operations" means swine facilities
38 and poultry facilities having a one-time animal unit capacity of two thou-
39 sand (2,000) or more animal units.
40 (d) "One-time animal unit capacity" means the maximum number of animal
41 units that a facility is capable of housing at any given time.
42 SECTION 2. That Section 39-7907, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 39-7907. LOCATION GUIDELINES. This section provides location guidelines
45 for swine facilities regulated by this chapter. Where the location guidelines
46 provide a specific setback distance, that distance is the maximum minimum set-
47 back distance that may be imposed. Lesser Further setback distances may shall
48 be imposed as circumstances permit require.
49 (1) A swine facility regulated by this chapter shall not:
50 (a) Locate its closest waste facility within at least two (2) miles of
51 any occupied residence not owned or leased by the owner or operator of the
52 swine facility;
53 (b) Land apply liquid animal waste within at least one (1) mile of the
3
1 nearest corner of an occupied residence not owned or leased by the owner
2 or operator of the swine facility.
3 (2) The setback distances provided in subsection (1) of this section do
4 not apply if the affected property owner executes a written waiver with the
5 owner or operator of the swine facility, under terms and conditions that the
6 parties may negotiate. The written waiver is effective when recorded in the
7 offices of the recorder of deeds in the county in which the property is
8 located. The recorded waiver shall preclude enforcement of the setback dis-
9 tances contained in subsection (1) of this section. A change in ownership of
10 the applicable property or change in ownership of the swine facility does not
11 affect the validity of the waiver.
12 (3) All distances between occupied residences and swine facilities shall
13 be measured from the closest corner of the walls of the occupied residence to
14 the closest point of the nearest waste structure or waste facility, as defined
15 by the director.
16 (4) No liquid animal waste may be land applied within at least one hun-
17 dred (100) feet of an existing public or private drinking water well.
18 (5) The minimum distance from a waste structure or waste facility to a
19 domestic well, public well or public water source shall be at least one (1)
20 mile.
21 (6) Further, swine facilities shall not be located:
22 (a) In areas designated by the United States fish and wildlife service or
23 the Idaho department of fish and game as critical habitat for endangered
24 or threatened species of plants, fish or wildlife;
25 (b) So as to be at variance with any locally adopted land use plan or
26 zoning requirement unless otherwise provided by local law or ordinance. If
27 no land use plan has been adopted by the local government which would have
28 land use jurisdiction pursuant to chapter 65, title 67, Idaho Code, the
29 recommendations of the panel approving a site shall contain an analysis of
30 the requirements and guidelines provided in this chapter. The analysis
31 shall be accompanied by findings and conclusions, entered by the local
32 government with jurisdiction after the local government has held a public
33 hearing in accord with section 67-6509, Idaho Code, that the public inter-
34 est would be served by locating a swine facility on the site for which
35 approval is sought;
36 (c) Within No nearer than one (1) mile of to any local, state or national
37 park, or land reserved or withdrawn for scenic or natural use; and
38 (d) Within No nearer than two (2) miles of to a school, church, hospital
39 or community center.
40 (7) A swine facility active unit shall not be located:
41 (a) Within a one hundred (100) year flood plain;
42 (b) Within five hundred (500) feet upstream of a perennial stream or
43 river;
44 (c) Within one thousand (1,000) feet of any perennial lake or pond;
45 (d) So as to cause any measurable impact on water quality limited
46 streams;
47 (e) Within a wetland;
48 (f) Within two hundred (200) feet to the property line of adjacent land;
49 (g) Within two hundred (200) feet of a holocene fault or adjacent to geo-
50 logic features which could compromise the structural integrity of a swine
51 facility active unit unless the owner or operator demonstrates to the
52 director that an alternative setback distance of less than two hundred
53 (200) feet will prevent damage to the structural integrity of the swine
54 facility unit and will be protective of human health and the environment.
55 For the purposes of this subsection:
4
1 (i) "Fault" means a fracture or a zone of fractures in any material
2 along which strata on one (1) side have been displaced with respect
3 to that on the other side;
4 (ii) "Displacement" means the relative movement of any two (2) sides
5 of a fault measured in any direction;
6 (iii) "Holocene" means the most recent epoch of the quaternary
7 period, extending from the end of the pleistocene epoch to the pres-
8 ent.
9 (h) Within seismic impact zones, unless the owner or operator demon-
10 strates to the director that all swine facility active units and surface
11 water control systems, are designed to resist the maximum horizontal
12 acceleration in lithified earth material for the site. The owner or opera-
13 tor must place the demonstration in the operating record and notify the
14 director that it has been placed in the operating record. For the purposes
15 of this section:
16 (i) "Seismic impact zone" means an area with a ten percent (10%) or
17 greater probability that the maximum horizontal acceleration in
18 lithified earth material, expressed as a percentage of the earth's
19 gravitational pull (g), will exceed one-tenth (0.10g) in two hundred
20 fifty (250) years;
21 (ii) "Maximum horizontal acceleration in lithified earth material"
22 means the maximum expected horizontal acceleration depicted on a
23 seismic hazard map, with a ninety percent (90%) or greater probabil-
24 ity that the acceleration will not be exceeded in two hundred fifty
25 (250) years, or the maximum expected horizontal acceleration based
26 on a site-specific seismic risk assessment;
27 (iii) "Lithified earth material" means all rock, including all natu-
28 rally occurring and naturally formed aggregates or masses of minerals
29 or small particles of older rock that formed by crystallization of
30 magma or by induration of loose sediments. This term does not include
31 man-made materials, such as fill, concrete and asphalt, or unconsoli-
32 dated earth materials, soil, or regolith lying at or near the earth's
33 surface.
34 (i) On any site whose natural state would be considered unstable in that
35 its undisturbed character would not permit establishment of a swine facil-
36 ity without unduly threatening the integrity of the design due to inherent
37 site instability;
38 (j) Where the integrity of the site would be compromised by the presence
39 of ground water which would interfere with construction or operation of
40 the active unit.
41 SECTION 3. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
43 passage and approval.
STATEMENT OF PURPOSE
RS 11202
The purpose of this legislation is to provide that
those swine facilities described in Section 39-7505, Idaho
Code, (a part of the Local Option Swine Facilities Siting
Act) shall meet the requirements of Section 39-7907, 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 shall require that
swine 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. The Director of the Department of
Environmental Quality may require that poultry 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.
Additionally, Section 39-7907, Idaho Code, is amended to
provide that the setback distances for swine facilities are
the minimum that may be imposed and that further set back
distances shall be imposed as circumstances require.
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 339