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H0259...............................................by AGRICULTURAL AFFAIRS
DAIRY ODOR MANAGEMENT - Adds to existing law to adopt the Odor Management
Act; to specify authority and duties of the director of the Department of
Agriculture concerning dairy odors; to provide for design and construction
standards and approval; to require an odor management plan; to authorize
the Department of Agriculture to respond to complaints; and to provide
penalties for violation.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 259
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DAIRY ODOR MANAGEMENT; AMENDING TITLE 22, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW CHAPTER 50, TITLE 22, IDAHO CODE, TO PROVIDE A SHORT TITLE,
4 TO PROVIDE A DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT, TO
5 SPECIFY AUTHORITY AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF AGRICUL-
6 TURE CONCERNING DAIRY ODORS, TO DEFINE TERMS, TO PROVIDE DESIGN AND CON-
7 STRUCTION STANDARDS AND APPROVAL, TO REQUIRE AN ODOR MANAGEMENT PLAN, TO
8 AUTHORIZE THE DEPARTMENT TO RESPOND TO COMPLAINTS AND TO PROVIDE PENALTIES
9 FOR VIOLATIONS; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Title 22, Idaho Code, be, and the same is hereby amended
12 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
13 ter 50, Title 22, Idaho Code, and to read as follows:
14 CHAPTER 50
15 ODOR MANAGEMENT ACT
16 22-5001. SHORT TITLE. This chapter shall be known and cited as the "Odor
17 Management Act."
18 22-5002. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1)
19 The agriculture industry is a vital component of Idaho's economy and during
20 the normal course of producing the food and fiber required by Idaho and our
21 nation odors are generated. It is the intent of the legislature to manage
22 these odors when they are generated at a level in excess of those odors nor-
23 mally associated with accepted agricultural practices in Idaho.
24 (2) Large swine and poultry operations are addressing odor management
25 through the department of environmental quality's rules regulating large swine
26 and poultry operations, and the beef cattle industry will address odor manage-
27 ment as needed through implementation of the beef cattle environmental control
28 act and rules promulgated thereunder.
29 (3) Further, the Idaho department of agriculture is hereby authorized to
30 administer and implement this chapter. In carrying out this chapter the
31 department shall ensure that any requirements imposed upon agricultural opera-
32 tions are cost-effective and economically, environmentally, and
33 technologically feasible.
34 22-5003. AUTHORITY AND DUTIES OF THE DIRECTOR CONCERNING ODORS. The
35 director of the department of agriculture, through the division of animal
36 industries, is authorized to regulate odors. In order to carry out its duties
37 under this chapter, the department shall promulgate the necessary administra-
38 tive rules pursuant to chapter 52, title 67, Idaho Code.
39 22-5004. DEFINITIONS. When used in this chapter: (1) "Accepted agricul-
2
1 tural practices" means those management practices normally associated with
2 agriculture in Idaho.
3 (2) "Best management practices" means practices, techniques or measures
4 which are determined by the department to be a cost-effective and practicable
5 means of managing odors to a level associated with accepted agricultural prac-
6 tices.
7 (3) "Department" means the Idaho department of agriculture.
8 (4) "Director" means the director of the Idaho department of agriculture.
9 (5) "Liquid waste system" means any waste management system that uses
10 water as the primary carrier of solids.
11 (6) "Modification" or "modified" means structural changes and alteration
12 to an existing agricultural operation which would require a fifteen percent
13 (15%) or more increase in storage or containment capacity, or such changes
14 which would increase the amount of solids entering a liquid waste system by
15 fifteen percent (15%) or more.
16 (7) "Nutrient management plan" means a plan prepared in conformance with
17 the nutrient management standard which addresses the management of odor.
18 (8) "Nutrient management standard" means the 1999 publication by the
19 United States department of agriculture, natural resources conservation ser-
20 vice, conservation practice standard, nutrient management code 590 or other
21 equally protective standard approved by the director for managing the amount,
22 placement, form and timing of the land application of nutrients and soil
23 amendments.
24 (9) "Odor management plan" means a site specific plan approved by the
25 director to manage odor to a level associated with accepted agricultural prac-
26 tices by utilizing best management practices.
27 (10) "Person" means any individual, association, partnership, firm, joint
28 stock company, joint venture, trust, estate, political subdivision, public or
29 private corporation, or any legal entity, which is recognized by law as the
30 subject of rights and duties.
31 (11) "Solids" means animal excrement that may also contain bedding,
32 spilled feed, water or soil.
33 22-5005. DESIGN AND CONSTRUCTION. All new or modified liquid waste sys-
34 tems shall be designed and constructed in accordance with standards and speci-
35 fications approved by the director for management of odors. All persons shall
36 submit plans and specifications for new or modified liquid waste systems to
37 the director for approval. No person shall begin construction of a liquid
38 waste system prior to approval of plans and specifications by the director.
39 22-5006. ODOR MANAGEMENT PLAN. (1) The department may require any agri-
40 cultural operation, not covered by existing statute or rules, that generates
41 odors in excess of levels associated with accepted agricultural practices to
42 develop and submit to the director for approval an odor management plan.
43 (2) All approved odor management plans shall be implemented as approved
44 by the director.
45 (3) If, after an appropriate period of time, an approved odor management
46 plan does not reduce odor to a level associated with accepted agricultural
47 practices, the department shall review the plan with the person responsible
48 for the agricultural operation and adjust the plan to meet the goals of this
49 chapter.
50 (4) Odor management plans shall be designed to work in conjunction with
51 any required nutrient management plans.
52 22-5007. COMPLAINTS. The department shall respond to all odor complaints
3
1 lodged against agricultural operations.
2 22-5008. PENALTY FOR VIOLATIONS. (1) Any person who violates any provi-
3 sion of this chapter, any rules promulgated hereunder, or a required odor man-
4 agement plan, may be assessed a civil penalty as provided in section 22-3423,
5 Idaho Code.
6 (2) The imposition or computation of monetary penalties shall take into
7 account the seriousness of the violation, good faith efforts to comply with
8 the law, the economic impact of the penalty on the violator, and such other
9 matters as justice requires.
10 (3) Nothing in this chapter shall be construed as requiring the director
11 to report minor violations for prosecution when he believes that the public
12 interests will be best served by suitable warnings or other administrative
13 action.
14 SECTION 2. An emergency existing therefor, which emergency is hereby
15 declared to exist, this act shall be in full force and effect on and after its
16 passage and approval.
STATEMENT OF PURPOSE
RS 11118
The purpose of this legislation is to provide a declaration of policy
and legislative intent, to provide authority for the Director of the
Department of Agriculture to regulate odors on Livestock facilities;
to provide the authority to draft rules for new and modified CAFO
facilities for the management of odor; and to provide oversight during
construction. This legislation authorizes the department to develop
odor management plans when complaints are valid and to provide for
penalties and an effective date for implementation.
FISCAL IMPACT
There will be no fiscal impact on the General Fund at this time. The
existing state Department of Agriculture personnel would be used. Some
additional financial impact may be needed in the future to carry out
the plan.
Contact
Name: Rep. Darrell Bolz
Phone: 332 1226
Name: Lewis Eilers, Idaho Dairymens Assoc.
Phone: (208)890 4680
STATEMENT OF PURPOSE/FISCAL NOTE H 25