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H0364........................................................by WAYS AND MEANS
SMOKE MANAGEMENT/CROP RESIDUE DISPOSAL - Amends existing law to authorize the
Department of Environmental Quality to make certain determinations and take
certain actions relating to violations of designated smoke management and crop
residue disposal provisions; to provide for violations; to provide penalties;
to provide procedures; to provide for moneys collected for violations; to
provide for investigations and inspections; to provide for complaints; and to
clarify that designated provisions shall not be construed to create certain
private causes of action.
03/12 House intro - 1st rdg - to printing
Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 364
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO SMOKE MANAGEMENT AND CROP RESIDUE DISPOSAL; AMENDING CHAPTER 48,
3 TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-4803A, IDAHO
4 CODE, TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO MAKE CERTAIN
5 DETERMINATIONS AND TAKE CERTAIN ACTIONS RELATING TO VIOLATIONS OF DESIG-
6 NATED SMOKE MANAGEMENT AND CROP RESIDUE DISPOSAL PROVISIONS, TO PROVIDE
7 FOR VIOLATIONS, TO PROVIDE PENALTIES, TO PROVIDE PROCEDURES, TO PROVIDE
8 FOR MONEYS COLLECTED FOR VIOLATIONS, TO PROVIDE FOR INVESTIGATIONS AND
9 INSPECTIONS, TO PROVIDE FOR COMPLAINTS AND TO CLARIFY THAT DESIGNATED PRO-
10 VISIONS SHALL NOT BE CONSTRUED TO CREATE CERTAIN PRIVATE CAUSES OF ACTION.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Chapter 48, Title 22, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 22-4803A, Idaho Code, and to read as follows:
15 22-4803A. VIOLATIONS -- PENALTIES -- INSPECTION -- COMPLAINTS. (1) If it
16 is determined by DEQ that any person who engages in or allows agricultural
17 field burning or crop residue disposal of a field or fields required to be
18 registered pursuant to section 22-4803(3), Idaho Code, has violated any provi-
19 sion of this chapter, that person shall be deemed to have committed a first
20 time violation, provided that the person has not, within the previous three
21 (3) years been determined by DEQ to have committed a violation of the provi-
22 sions of this chapter.
23 (a) DEQ shall provide the person determined to have committed the viola-
24 tion with written notice of the violation and an opportunity for a hearing
25 pursuant to the Idaho administrative procedure act, chapter 52, title 67,
26 Idaho Code.
27 (b) Any person determined to have committed a first time violation shall
28 be prohibited from agricultural field burning and crop residue disposal
29 for a period of one (1) year from the date of the violation. The prohibi-
30 tion shall include all fields located within the state of Idaho that are
31 owned or controlled by the violating party, whether or not previously
32 registered.
33 (2) Any person, after having been determined to have committed a first
34 time violation pursuant to the provisions of this section, shall be deemed to
35 have committed a subsequent violation if the person is determined by DEQ to
36 have committed a subsequent violation within a three (3) year period of time
37 from the time of the first violation.
38 (a) Those persons having been determined to have committed a subsequent
39 violation, shall be assessed a civil penalty by DEQ or its duly authorized
40 agent, in an amount not to exceed ten thousand dollars ($10,000) for each
41 offense, and shall be liable for reasonable attorney's fees and costs
42 incurred by DEQ associated with assessment of the civil penalty.
43 (b) Assessment of a civil penalty as provided herein may be made in con-
2
1 junction with any other DEQ administrative action and shall be based on
2 the severity of the offense and the degree of cooperation with DEQ.
3 (c) No civil penalty may be imposed unless the person charged was given
4 notice and opportunity for a hearing pursuant to the Idaho administrative
5 procedure act, chapter 52, title 67, Idaho Code.
6 (d) In the event DEQ is unable to collect the civil penalty, or if any
7 person fails to pay all or a set portion of a civil penalty as determined
8 by DEQ, then DEQ may commence and prosecute an action to compel payment of
9 the penalty in the district court in and for the county in which the
10 violation occurred.
11 (e) Any person against whom DEQ has assessed a civil penalty under this
12 section may, within thirty (30) days of the final action making the
13 assessment, appeal the assessment to the district court of the county in
14 which the violation is alleged by DEQ to have occurred.
15 (f) Moneys collected for violations shall be deposited in the state trea-
16 sury and credited to the state agricultural smoke management account cre-
17 ated in section 22-4804, Idaho Code.
18 (g) The imposition or computation of monetary penalties shall take into
19 account the seriousness of the violation, good faith efforts to comply
20 with the law, and other mitigating factors. The director of DEQ shall pre-
21 pare a written report setting forth the basis upon which any monetary pen-
22 alty is imposed and/or computed and shall retain the report on file with
23 DEQ.
24 (3) The director of DEQ, or his designee is authorized to enter upon pub-
25 lic or private property for the purpose of investigating or inspecting for
26 possible violations.
27 (4) DEQ shall investigate all agricultural field burning and crop residue
28 disposal complaints lodged against persons conducting burning in Kootenai and
29 Benewah counties. Provided however, that should multiple complaints be lodged
30 relating to agricultural field burning or crop residue disposal regarding the
31 same location, date and time, then DEQ shall only be required to complete one
32 (1) investigation. A complaint must include the name, address and telephone
33 number of the complainant. Complaints pursuant to this section are a public
34 record open to public inspection and copying pursuant to chapter 3, title 9,
35 Idaho Code.
36 (5) Nothing in this chapter shall be construed to create a private cause
37 of action against any person who engages in or allows agricultural field burn-
38 ing or crop residue disposal of a field or fields required to be registered
39 pursuant to section 22-4803(3), Idaho Code, provided such activities are con-
40 ducted in accordance with chapter 48, title 22, Idaho Code, and rules promul-
41 gated thereunder.
STATEMENT OF PURPOSE
RS 13166
This statute will create a penalty provision for improper burning
of crop residue in Kootenai and Benewah counties. A first
offence will result in a loss of burning privileges for one (1)
year. A subsequent violation within three (3) years would result
in a fine not to exceed $10,000. If a grower abides by all the
provisions of Chapter 48, Title 22 he shall be held harmless from
a private cause of action.
FISCAL IMPACT
There should be no impact on the General Fund since DEQ and the
Department of Agriculture already currently operate the smoke
management program in these two counties in their current budget.
Contact
Name: Representative Doug Jones
Phone: 332-1137
STATEMENT OF PURPOSE/FISCAL NOTE H 364