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S1148..........................................by RESOURCES AND ENVIRONMENT
CONFINED ANIMAL FEEDING OPERATIONS - Amends existing law to require certain
approval and compliance for all plans and specifications for construction,
modification or expansion of certain systems, plants and facilities; to
require that all plans and specifications for the construction,
modification, expansion or alteration of certain facilities for confined
animal feeding operations (CAFOs) be approved by the director of the
Department of Environmental Quality; to provide an exemption for certain
CAFOs; to authorize the director of the Department of Environmental Quality
to delegate certain authority to the director of the Department of
Agriculture; and to provide for rulemaking.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Health/Wel
02/23 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/01 3rd rdg - FAILED - 16-19-0
AYES -- Andreason, Bunderson, Danielson, Davis, Dunklin, Frasure,
Geddes, Ipsen, Noh, Risch, Sandy, Schroeder, Stegner, Stennett,
Wheeler, Whitworth
NAYS-- Boatright, Branch(Bartlett), Brandt, Burtenshaw, Cameron,
Darrington, Deide, Goedde, Hawkins, Ingram, Keough, King-Barrutia,
Lee, Lodge, Richardson, Sims, Sorensen, Thorne, Williams
Absent and excused -- None
Floor Sponsor -- Noh
Filed w/ Office of the Secretary of the Senate
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1148
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO HEALTH AND SAFETY; AMENDING SECTION 39-118, IDAHO CODE, TO STRIKE
3 AN EXCEPTION FOR CERTAIN DAIRY SYSTEMS, TO REQUIRE CERTAIN APPROVAL AND
4 COMPLIANCE FOR ALL PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION, MODIFI-
5 CATION OR EXPANSION OF CERTAIN SYSTEMS, PLANTS AND FACILITIES, TO STRIKE
6 REFERENCE TO CONFINED ANIMAL FEEDING OPERATIONS, TO REQUIRE THAT ALL PLANS
7 AND SPECIFICATIONS FOR THE CONSTRUCTION, MODIFICATION, EXPANSION OR ALTER-
8 ATION OF CERTAIN FACILITIES FOR CONFINED ANIMAL FEEDING OPERATIONS BE
9 APPROVED BY THE DIRECTOR OF ENVIRONMENTAL QUALITY AND TO REQUIRE THAT CON-
10 STRUCTION COMPLY WITH THE PROVISIONS OF THE SECTION, TO PROVIDE AN EXEMP-
11 TION FOR CERTAIN CONFINED ANIMAL FEEDING OPERATIONS, TO AUTHORIZE THE
12 DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO DELEGATE CERTAIN
13 AUTHORITY TO THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE IN CERTAIN
14 INSTANCES AND TO PROVIDE FOR THE DELEGATION OF RULEMAKING.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 39-118, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-118. REVIEW OF PLANS. (1) Except as provided for dairy systems pursu-
19 ant to section 37-401, Idaho Code, aAll plans and specifications for the con-
20 struction of new sewage systems, sewage treatment plants or systems, other
21 waste treatment or disposal facilities, public water supply systems or public
22 water treatment systems or for modification or expansion to existing sewage
23 treatment plants or systems, waste treatment or disposal facilities, public
24 water supply systems or public water treatment systems, shall be submitted to
25 and approved by the director before construction may begin, and all construc-
26 tion shall be in compliance therewith. No deviation shall be made from the
27 approved plans and specifications without the prior approval of the director.
28 Within thirty (30) days of the completion of construction, alteration, or mod-
29 ification of any new sewage systems, sewage treatment plants or systems, other
30 waste treatment or disposal facilities, public water supply systems or public
31 water treatment systems, complete and accurate plans and specifications
32 depicting the actual construction, alteration, or modification performed must
33 be submitted to the director. If construction does not deviate from the origi-
34 nal plans previously submitted for approval, a statement to that effect shall
35 be filed with the director.
36 (2) All plans and specifications submitted to satisfy the requirements of
37 this section shall conform in style and quality to regularly accepted engi-
38 neering standards. Except with respect to plans and specifications for facili-
39 ties addressed in subsections (3) and (4)(b) of this section, and confined
40 animal feeding operations, the board may require that certain types of plans
41 and specifications must be certified by registered professional engineers. If
42 the director determines that any particular facility or category of facilities
43 will produce no significant impact on the environment or on the public health,
2
1 the director shall be authorized to waive the submittal or approval require-
2 ment for that facility or category of facilities.
3 (3) All plans and specifications for the construction, modification,
4 expansion, or alteration of waste treatment or disposal facilities for aqua-
5 culture facilities licensed by the department of agriculture for both commer-
6 cial fish propagation facilities as defined in section 22-4601, Idaho Code,
7 and sport fish propagation facilities whether private or operated or licensed
8 by the department of fish and game and other aquaculture facilities as defined
9 in the Idaho waste management guidelines for aquaculture operations, shall be
10 submitted to and approved by the director of the department of environmental
11 quality before construction may begin and all construction shall be in compli-
12 ance therewith. The director shall review plans and specifications within for-
13 ty-five (45) days of submittal and notify the owner or responsible party of
14 approval or disapproval. In the event of disapproval the director shall pro-
15 vide reasons for disapproval in writing to the owner or responsible party.
16 Plans and specifications shall conform in style and quality to standard indus-
17 try practices and guidelines developed pursuant to this subsection. The direc-
18 tor shall establish industry guidelines or best management practices subcom-
19 mittees composed of members of the department, specific regulatory agencies
20 for the industry, general public, and persons involved in the industry to
21 develop and update guidelines or best management practices as needed. Within
22 thirty (30) days of the completion of the construction, modification, expan-
23 sion or alteration of facilities subject to this subsection, the owner or
24 responsible party shall submit a statement to the director that the construc-
25 tion has been completed and is in substantial compliance with the plans and
26 specifications as submitted and approved. The director shall conduct an
27 inspection within sixty (60) days of the date of submission of the statement
28 and shall inform the owner or responsible party of its approval of the con-
29 struction or in the event of nonapproval, the reasons for nonapproval.
30 (4) (a) All plans and specifications, including odor management plans,
31 submitted to satisfy the requirements of this section for the construc-
32 tion, modification, expansion or alteration of waste handling, treatment
33 or disposal facilities for confined animal feeding operations shall be
34 submitted to and approved by the director of the department of environmen-
35 tal quality before construction may begin and all construction shall be in
36 compliance with the provisions of this section.
37 (b) Confined animal feeding operations containing less than one thousand
38 (1000) animal units shall not require certification by a registered pro-
39 fessional engineer.
40 (c) The director of the department of environmental quality may delegate
41 his authorities under this subsection by memorandum of understanding to
42 the director of the department of agriculture if he deems the department
43 of agriculture's program to be a substantially equivalent program. If such
44 delegation occurs it shall include adequate rulemaking authority for the
45 director of the department of agriculture to promulgate rules for the con-
46 trol of waste products and odors generated from such waste products.
STATEMENT OF PURPOSE
RS 11064
The proposed legislation strikes an exception for certain dairy systems. Approval and
compliance of all plans and specifications for the construction, modification or expansion of
systems, plants and facilities of confined animal feed operations (CAFO) be approved by the
director of the Department of Environmental Quality (DEQ). The proposed legislation
construction comply with Idaho Code requirements and provides an exemption for certain
CAFOs. Additionally, the proposed legislation authorizes the director of DEQ to delegate
certain authority to the director of the Department of Agriculture in certain instances and for
rule making.
FISCAL IMPACT
It is anticipated that the funds already appropriated to the Department of Agriculture
for this purpose would be used by the Department of Agriculture under the delegated
authority.
CONTACT: Senator Laird Noh
332-1333
STATEMENT OF PURPOSE/FISCAL IMPACT S 1148