Print Friendly SENATE BILL NO. 1124 – Crop residue burnng/Rathdrm Prairie
SENATE BILL NO. 1124
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S1124.........................................................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.
02/20 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1124
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-
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;
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 so
40 that the smoke would be blown or dissipated toward Lake Pend Oreille or the
41 cities of Sandpoint, Kootenai, Ponderay, Hope, or Clark Fork. Any person vio-
42 lating the provisions of this subsection shall be liable for penalties as pro-
43 vided in chapter 1, title 39, Idaho Code, and such violation shall be deemed
1 an air quality violation.
2 (4) The use of reburn machines, propane flamers, or other devices to
3 ignite or reignite a field for the purpose of crop residue burning shall be
4 considered an allowable form of open burning when the provisions of this chap-
5 ter, and any rules promulgated pursuant thereto, the environmental protection
6 and health act, and any rules promulgated thereto, are met.
7 SECTION 2. An emergency existing therefor, which emergency is hereby
8 declared to exist, this act shall be in full force and effect on and after its
9 passage and approval.
STATEMENT OF PURPOSE
The grass seed farmers on the Rathdrum Prairie only burn their fields
when the smoke will be delivered to the north.
The purpose of this bill is to alleviate the health and economic
damage to the populated areas to the north of Rathdrum Prairie from
There is no impact to the general fund.
Name: Senator Shawn Keough
Phone: 332 1000
Rep. John Campbell
Rep. George Eskridge
STATEMENT OF PURPOSE/FISCAL NOTE S1124