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H0726...............................................by AGRICULTURAL AFFAIRS
AGRICULTURE - ODOR MANAGEMENT - Amends existing law relating to agriculture
odor management to clarify which operations are regulated; to revise
definitions; to revise requirements and procedures for the design and
construction of liquid waste systems; to revise criteria related to
subsequent violations; to revise penalty provisions; and to provide for an
Agriculture Odor Management Fund.
03/05 House intro - 1st rdg - to printing
03/06 Rpt prt - to 2nd rdg
Rls susp - PASSED - 37-32-1
AYES -- Aikele, Bell, Bieter, Black, Block, Boe, Bolz, Collins,
Cuddy, Deal, Ellis, Ellsworth, Field(13), Field(20), Gagner, Gould,
Henbest, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Langford,
Martinez, Montgomery, Mortensen, Pomeroy, Robison, Sellman, Shepherd,
Smith(33), Smith(23), Smylie, Stevenson, Stone, Trail, Young
NAYS -- Barraclough, Barrett, Bedke, Bradford, Bruneel, Callister,
Campbell, Clark, Crow, Denney, Eskridge, Hadley, Hammond, Harwood,
Higgins, Hornbeck, Loertscher, Mader, McKague, Meyer, Moyle, Pearce,
Pischner, Raybould, Ridinger, Roberts, Sali, Schaefer, Tilman,
Wheeler, Wood, Mr. Speaker
Absent and excused -- Lake
Floor Sponsor - Jones
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Agric Aff
03/08 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsors - Stennett, Sandy, Noh
Title apvd - to House
03/15 To enrol - rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/25 Governor signed
Session Law Chapter 261
Effective: 03/25/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 726
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AGRICULTURE ODOR MANAGEMENT; AMENDING SECTION 25-3801, IDAHO CODE,
3 TO CLARIFY THE LAW PURSUANT TO WHICH CERTAIN OPERATIONS ARE REGULATED;
4 AMENDING SECTION 25-3803, IDAHO CODE, TO REVISE DEFINITIONS AND TO PROVIDE
5 DEFINITIONS; AMENDING SECTION 25-3804, IDAHO CODE, TO REVISE REQUIREMENTS
6 AND PROCEDURES FOR DESIGN AND CONSTRUCTION OF LIQUID WASTE SYSTEMS FOR
7 REGULATED OPERATIONS; AMENDING SECTION 25-3808, IDAHO CODE, TO REVISE CRI-
8 TERIA RELATED TO SUBSEQUENT VIOLATIONS AND TO REVISE PENALTY PROVISIONS;
9 AMENDING CHAPTER 38, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
10 TION 25-3809, IDAHO CODE, TO PROVIDE FOR AN AGRICULTURE ODOR MANAGEMENT
11 FUND; AND DECLARING AN EMERGENCY.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 25-3801, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 25-3801. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1)
16 The agriculture industry is a vital component of Idaho's economy and during
17 the normal course of producing the food and fiber required by Idaho and our
18 nation, odors are generated. It is the intent of the legislature to manage
19 these odors when they are generated at a level in excess of those odors nor-
20 mally associated with accepted agricultural practices in Idaho.
21 (2) Large swine and poultry operations are addressing odor management
22 through chapter 1, title 39, Idaho Code, and the department of environmental
23 quality's rules regulating large swine and poultry operations, and the beef
24 cattle industry will address odor management as needed through implementation
25 of the beef cattle environmental control act as provided for in chapter 49,
26 title 22, Idaho Code, and rules promulgated thereunder.
27 (3) The Idaho department of agriculture is hereby authorized as the lead
28 agency to administer and implement the provisions of this chapter. In carrying
29 out the provisions of this chapter, the department will make reasonable
30 efforts to ensure that any requirements imposed upon agricultural operations
31 are cost-effective and economically, environmentally and technologically fea-
32 sible.
33 SECTION 2. That Section 25-3803, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 25-3803. DEFINITIONS. When used in this chapter:
36 (1) "Accepted agricultural practices" means those management practices
37 normally associated with agriculture in Idaho, and which should include man-
38 agement practices intended to control odor generated by an agricultural opera-
39 tion.
40 (2) "Agricultural animals" means those animals including, but not limited
41 to, mink, domestic cervidae, horses and ratites raised for agricultural pur-
2
1 poses.
2 (3) "Agricultural operations" means those operations where livestock or
3 other agricultural animals are raised, or crops are grown, for commercial pur-
4 poses, not to include those operations set forth within section 25-3801(2),
5 Idaho Code.
6 (4) "Best management practices" means practices, techniques or measures
7 which are determined by the department to be a cost-effective and practicable
8 means of managing odors generated on an agricultural operation to a level
9 associated with accepted agricultural practices.
10 (35) "Department" means the Idaho department of agriculture.
11 (46) "Director" means the director of the Idaho department of agricul-
12 ture.
13 (57) "Liquid waste system" means those wastewater storage and containment
14 facilities and associated waste collection and conveyance systems where water
15 is used as the primary carrier of manure and manure is added to the wastewater
16 storage and containment facilities on a regular basis including the final dis-
17 tribution system.
18 (68) "Livestock" means cattle, sheep, swine and poultry.
19 (79) "Manure" means livestock animal excrement that may also contain bed-
20 ding, spilled feed or soil.
21 (810) "Modified" means structural changes and alterations to the livestock
22 operation which would require increased wastewater storage or containment
23 capacity or such changes which would increase the amount of manure entering
24 wastewater storage containment facilities.
25 (911) "Nutrient management plan" means a plan prepared in conformance with
26 the nutrient management standard.
27 (102) "Nutrient management standard" means the 1999 publication by the
28 United States department of agriculture, natural resources conservation ser-
29 vice, conservation practice standard, nutrient management code 590, and all
30 subsequent amendments, additions or other revisions thereto, or other equally
31 protective standard approved by the director.
32 (13) "Odor" means the property or quality of a substance that stimulates
33 or is perceived by the sense of smell, or by other means as the department may
34 determine by rule, the standards for which shall be judged on criteria that
35 shall include intensity, duration, frequency, offensiveness and health risks.
36 (114) "Odor management plan" means a site specific plan approved by the
37 director to manage odor from an agricultural operation to a level associated
38 with accepted agricultural practices by utilizing best management practices.
39 (125) "Person" means any individual, association, partnership, firm, joint
40 stock company, joint venture, trust, estate, private corporation, or any legal
41 entity, which is recognized by law as the subject of rights and duties.
42 (136) "Wastewater" means water containing manure which is generated on a
43 livestock operation.
44 (147) "Wastewater storage and containment facilities" means wastewater
45 storage ponds, wastewater treatment lagoons and evaporative ponds.
46 SECTION 3. That Section 25-3804, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 25-3804. DESIGN AND CONSTRUCTION. All new or modified liquid waste sys-
49 tems shall be designed by, or reviewed and approved by, licensed professional
50 engineers, approved by the director of the department of agriculture for com-
51 pliance with the provisions of this chapter, and constructed in accordance
52 with standards and specifications either approved by the director for manage-
53 ment of odors or in accordance with any existing relevant memorandums of
3
1 understanding with the department of environmental quality. Provided however,
2 that aAll persons shall submit plans and specifications for new or modified
3 liquid waste systems to the director for approval. No person and shall not
4 begin construction of a liquid waste system prior to approval of plans and
5 specifications by the director. If construction is commenced prior to receiv-
6 ing necessary approval, the director may order construction activities to be
7 ceased. No material deviation shall be made from the approved plans and speci-
8 fications without the prior written approval of the director. Within thirty
9 (30) days of completion of construction, alteration or modification of any new
10 or modified liquid waste system, complete and accurate plans and specifica-
11 tions depicting the actual construction, alteration or modification performed
12 must be submitted by the operator to the director. If construction does not
13 materially deviate from the plans approved by the director, a statement to
14 that effect shall be filed by the agricultural operation with the director.
15 SECTION 4. That Section 25-3808, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 25-3808. SUBSEQUENT VIOLATIONS -- PENALTIES. (1) An agricultural opera-
18 tion, after having been determined to have committed a first time violation of
19 the provisions of this chapter, shall be deemed to have committed a subsequent
20 violation if the operation:
21 (a) Is determined by the department to have committed a subsequent viola-
22 tion within a three (3) year period of time; or
23 (b) Failed to comply with an odor management plan developed pursuant to
24 section 25-3805, Idaho Code.
25 (2) An agricultural operation, after having been determined to have com-
26 mitted a first time violation of the provisions of this chapter, may be deemed
27 to have committed a subsequent violation if the director determines that the
28 operation has failed to cooperate by failing to submit an acceptable odor man-
29 agement plan.
30 (3) Those agricultural operations determined to have committed a subse-
31 quent violation of this chapter shall be assessed a civil penalty by the
32 department or its duly authorized agent not to exceed ten thousand dollars
33 ($10,000) for each offense and be liable for reasonable attorney's fees and
34 costs.
35 (34) Assessment of a civil penalty as provided herein may be made in con-
36 junction with any other department administrative action and shall be based on
37 the severity of the offense and the degree of cooperation with the department.
38 (45) No civil penalty may be imposed unless the person charged was given
39 notice and opportunity for a hearing pursuant to the Idaho administrative pro-
40 cedure act, chapter 52, title 67, Idaho Code.
41 (56) If the department is unable to collect the civil penalty or if any
42 person fails to pay all or a set portion of a civil penalty as determined by
43 the department, the department may recover such amount by action in the appro-
44 priate district court.
45 (67) Any person against whom the department has assessed a civil penalty
46 under this section may, within thirty (30) days of the final action making the
47 assessment, appeal the assessment to the district court of the county in which
48 the violation is alleged by the department to have occurred. Moneys collected
49 for violations shall be deposited in the state treasury and credited to the
50 general fund.
51 (8) Moneys collected for violations shall be deposited in the state
52 treasury and credited to the general fund.
53 (79) The imposition or computation of monetary penalties shall take into
4
1 account the seriousness of the violation, good faith efforts to comply with
2 the law, the economic impact of the penalty on the violator, and such other
3 matters as justice requires. The director shall prepare a written report set-
4 ting forth the basis upon which any monetary penalty is imposed and/or com-
5 puted and shall retain the report on file with the department.
6 SECTION 5. That Chapter 38, Title 25, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 25-3809, Idaho Code, and to read as follows:
9 25-3809. AGRICULTURE ODOR MANAGEMENT FUND. There is hereby created in the
10 state treasury a fund to be known as the agriculture odor management fund,
11 which shall consist of all moneys which may be appropriated to it by the leg-
12 islature or made available to it from federal, private or other sources. The
13 department may expend such amounts as are appropriated by the legislature from
14 the fund for research, grants, projects, programs or other expenditures.
15 SECTION 6. An emergency existing therefor, which emergency is hereby
16 declared to exist, this act shall be in full force and effect on and after its
17 passage and approval.
STATEMENT OF PURPOSE
RS 12193C1
This Bill will make additions and corrections to the
Agricultural Odor Management act.
New Definitions are added as written into the rules for this
act and a definition of “odor” is added.
There is a correction to comply with the Professional
Engineers act that does not allow one engineer to approve the
design of another engineer. This section also clarifies the
authority of the Department of Agriculture to approve designs for
compliance with this act prior to the start of construction.
The penalty section is changed to include criteria for the
department to set the level of penalty based on the severity of
the offense and the degree of cooperation with the department in
trying to correct the problem. The director is also required to
write a report outlining the departments rational in determining
the fine and keep that report on file.
Finally, there is a new fund created in the general fund to
be used for research and pilot projects that could accept money and
would be appropriated by the legislature.
There is an emergency clause that makes the changes
effective on the Governor’s signature.
FISCAL NOTE
No Fiscal Impact
Contact
Name: Representative Jones
Phone: 332-1137
STATEMENT OF PURPOSE/FISCAL NOTE H 726