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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 - 2001IN 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, thedivision20 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) Thedivisiondepartment 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 26divisiondepartment. Thedivisiondepartment 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 thedivisiondepartment 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 thedivisiondepartment 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 thedivisiondepartment. 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 thedivisiondepartment. 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 themaximumminimum set- 47 back distance that may be imposed.LesserFurther setback distancesmayshall 48 be imposed as circumstancespermitrequire. 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)WithinNo nearer than one (1) mileofto any local, state or national 37 park, or land reserved or withdrawn for scenic or natural use; and 38 (d)WithinNo nearer than two (2) milesofto 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