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H0667......................................................by STATE AFFAIRS
CROP RESIDUE BURNING - Amends existing law to prohibit crop residue burning
on the Rathdrum Prairie on certain days; and to provide penalties for
violation.
02/22 House intro - 1st rdg - to printing
02/25 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 667
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AGRICULTURAL FIELD BURNING; AMENDING SECTION 22-4803, IDAHO CODE,
3 TO PROHIBIT CROP RESIDUE BURNING ON THE RATHDRUM PRAIRIE ON CERTAIN DAYS
4 AND TO PROVIDE PENALTIES FOR VIOLATION; AND DECLARING AN EMERGENCY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 22-4803, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 22-4803. AGRICULTURAL FIELD BURNING. (1) The open burning of crop residue
9 grown in agricultural fields shall be an allowable form of open burning when
10 the provisions of this chapter, and any rules promulgated pursuant thereto,
11 and the environmental protection and health act, and any rules promulgated
12 pursuant thereto, are met, and when no other agricultural viable alternatives
13 to burning are available, as determined by the director, for the purpose of:
14 (a) Disposing of crop residues;
15 (b) Developing physiological conditions conducive to increased crop
16 yields; or
17 (c) Controlling diseases, insects, pests or weed infestations.
18 (2) The following provisions shall apply to all agricultural field burn-
19 ing:
20 (a) Any person conducting crop residue burning must make every reasonable
21 effort to burn only when weather conditions are conducive to adequate
22 smoke dispersion, and the burning does not emit particulates or other
23 material which exceed the state and federal ambient air quality standards;
24 and
25 (b) The open burning of crop residue shall be conducted in the field
26 where it was generated.
27 (3) In Kootenai and Benewah counties, the legislature finds that there
28 are a great many cereal grain, field grass, forage grass, and turf grass
29 fields, and it is a practice to burn these fields to control disease, weeds
30 and pests in these counties. Therefore, in Kootenai and Benewah counties, no
31 person shall conduct or allow any crop residue burning without first register-
32 ing each field with the DEQ each year burning is conducted. Approved forms for
33 registering fields when needed may be obtained at the DEQ's Coeur d'Alene
34 office. This provision is not met unless the forms contain all required infor-
35 mation and are received by the DEQ prior to field ignition. Notwithstanding
36 any other provision of law to the contrary, no person shall conduct or allow
37 any crop residue burning, and the DEQ and the department of agriculture shall
38 not allow or issue any permits to allow any crop residue burning on the
39 Rathdrum prairie on days when the wind is blowing in a northerly direction and
40 the smoke would be blown or dissipated toward Lake Pend Oreille and the city
41 of Sandpoint. Any person violating the provisions of this subsection shall be
42 liable for penalties as provided in chapter 1, title 39, Idaho Code, and such
43 violation shall be deemed an air quality violation.
2
1 (4) The use of reburn machines, propane flamers, or other devices to
2 ignite or reignite a field for the purpose of crop residue burning shall be
3 considered an allowable form of open burning when the provisions of this chap-
4 ter, and any rules promulgated pursuant thereto, the environmental protection
5 and health act, and any rules promulgated thereto, are met.
6 SECTION 2. An emergency existing therefor, which emergency is hereby
7 declared to exist, this act shall be in full force and effect on and after its
8 passage and approval.
STATEMENT OF PURPOSE
RS 12126C1
This bill prohibits the burning of crop residue on the Rathdrum
prairie on days when the wind is blowing in a northerly direction
and the smoke would drift toward Lake Pend Oreille and the City
of Sandpoint.
FISCAL IMPACT
None
Contact
Name: Rep. John Campbell
Phone: 208-332-1000
Rep. George Eskridge
Senator Shawn Keough
STATEMENT OF PURPOSE/FISCAL NOTE H 667