2001 Legislation
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HOUSE BILL NO. 339 – Swine/poultry facilities, reqmts

HOUSE BILL NO. 339

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



	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