Print Friendly HOUSE BILL NO. 682 – Beef cattle feeding operations
HOUSE BILL NO. 682
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H0682...............................................by AGRICULTURAL AFFAIRS
BEEF CATTLE FEEDING OPERATIONS - Amends existing law relating to beef
cattle feeding operations to provide additional requirements for nutrient
management plans; and to revise the authority granted to the Director of
the Department of Agriculture relating to the inspection of beef cattle
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
02/27 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 61-8-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Jones, Kellogg,
Kulczyk, Lake, Langford, McGeachin, McKague, Meyer, Miller, Mitchell,
Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,
Roberts, Robison, Rydalch, Sali, Schaefer, Shepherd, Shirley,
Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr.
NAYS -- Henbest, Jaquet, Langhorst, Martinez, Ringo, Sayler,
Absent and excused -- Bradford
Floor Sponsor - Stevenson
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Agric Aff
03/10 Rpt out - to 14th Ord
03/11 Rpt out w/o amen - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 27-7-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Cameron,
Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram,
Keough, Little, Lodge, Marley, McKenzie, McWilliams, Noble, Pearce,
Richardson, Sorensen, Stegner, Sweet, Williams
NAYS -- Burkett(Maxand), Calabretta, Kennedy, Noh, Schroeder,
Absent and excused -- Malepeai
Floor Sponsors - Williams & Burtenshaw
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 187
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 682
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO BEEF CATTLE FEEDING OPERATIONS; AMENDING SECTION 22-4902, IDAHO
3 CODE, TO PROVIDE ADDITIONAL LEGISLATIVE INTENT RELATING TO THE BEEF CATTLE
4 ENVIRONMENTAL CONTROL ACT; AMENDING SECTION 22-4903, IDAHO CODE, TO MAKE
5 TECHNICAL CORRECTIONS; AMENDING SECTION 22-4904, IDAHO CODE, TO DEFINE A
6 TERM, TO REVISE DEFINITIONS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING
7 SECTION 22-4906, IDAHO CODE, TO PROVIDE ADDITIONAL REQUIREMENTS FOR NUTRI-
8 ENT MANAGEMENT PLANS; AND AMENDING SECTION 22-4907, IDAHO CODE, TO REVISE
9 AUTHORITY GRANTED TO THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE RELAT-
10 ING TO THE INSPECTION OF BEEF CATTLE FEEDING OPERATIONS, TO PROVIDE COR-
11 RECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 22-4902, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 22-4902. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1)
16 The legislature recognizes the importance of protecting state natural
17 resources including, surface water and ground water. It is the intent of the
18 legislature to protect the quality of these natural resources while maintain-
19 ing an ecologically sound, economically viable, and socially responsible beef
20 cattle industry in the state. The beef cattle industry produces manure and
21 process wastewater which, when properly used, supplies valuable nutrients and
22 organic matter to soils and is protective of the environment, but may, when
23 improperly stored and managed, create adverse impacts on natural resources,
24 including waters of the state. This chapter is intended to ensure that manure
25 and process wastewater associated with beef cattle operations are handled in a
26 manner which protects the natural resources of the state.
27 (2) Further, the legislature recognizes that the beef cattle industry is
28 potentially subject to various state and federal laws designed to protect
29 state natural resources and that the Idaho department of agriculture is in the
30 best position to administer and implement these various laws. It is therefore
31 the intent of the legislature that the administration of this law by the
32 department of agriculture fully meets the goals and requirements of the fed-
33 eral clean water act and state laws designed to further protect state waters
34 and that administration of this chapter by the department of agriculture shall
35 not be more stringent than or broader in scope than the requirements of the
36 clean water act and applicable state and federal laws. The department shall
37 have authority to administer all laws to protect the quality of water within
38 the confines of a beef cattle animal feeding operation. In carrying out this
39 chapter the department shall prioritize its resources on operations which have
40 the greatest potential to significantly impact the environment and ensure that
41 any requirements imposed under this chapter upon operators of beef cattle ani-
42 mal feeding operations are cost-effective and economically, environmentally
43 and technologically feasible.
1 (3) Successful implementation of this chapter is dependent upon the
2 department receiving adequate funding from the legislature and is dependent
3 upon the department executing a memorandum of agreement with the United States
4 environmental protection agency, the department of environmental quality and
5 the Idaho cattle association which sets forth a working arrangement between
6 the agencies to ensure compliance with this chapter and applicable state and
7 federal laws, including the federal clean water act. Moreover, the legislature
8 recognizes that it is important for the state to obtain a delegated national
9 pollutant discharge elimination system (NPDES) permit program from the EPA
10 under the clean water act.
11 SECTION 2. That Section 22-4903, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 22-4903. AUTHORITY AND DUTIES OF DIRECTOR CONCERNING BEEF CATTLE ANIMAL
14 FEEDING OPERATIONS. (1) The director of the department of agriculture through
15 the division of animal industries is authorized to regulate beef cattle animal
16 feeding operations to protect state natural resources, including surface water
17 and ground water.
18 (2) In order to carry out its duties under this chapter, the department
19 shall be the responsible state department to prevent any ground water contami-
20 nation from beef cattle animal feeding operations as provided under section
21 39-120, Idaho Code.
22 (3) The director shall have the authority to exercise any other authori-
23 ties delegated by the director of the department of environmental quality
24 regarding the protection of ground water, surface water and other natural
25 resources associated with confined animal feeding operations, and this shall
26 be the authority for the director of the department of environmental quality
27 to so delegate.
28 (4) The director of the department of environmental quality shall consult
29 with the director of the department of agriculture before certifying dis-
30 charges from beef cattle animal feeding operations as provided under 33 U.S.C.
31 section 1341.
32 SECTION 3. That Section 22-4904, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 22-4904. DEFINITIONS. When used in this act chapter:
35 (1) "Administrator" means the administrator, or his designee, for the
36 animal industries division of the Idaho department of agriculture.
37 (2) "Beef cattle" means slaughter and feeder cattle or dairy heifers that
38 are kept on or contiguous to the animal feeding operation and are owned or
39 controlled by the animal feeding operation.
40 ( 23) "Beef cattle animal feeding operation" means an animal feeding oper-
41 ation which confines slaughter and feeder cattle or dairy heifers as defined
42 in 40 CFR 122.23 and 40 CFR part 122, appendix B (b)(1), (b)(2), (b)(4),
43 (b)(6) or (b)(9).
44 ( 34) "Best management practices" means practices, techniques or measures
45 which are determined to be reasonable precautions, are a cost-effective and
46 practicable means of preventing or reducing pollutants from point sources or
47 nonpoint sources to a level compatible with environmental goals, including
48 water quality goals and standards for waters of the state. Best management
49 practices for water quality shall be adopted pursuant to the state water qual-
50 ity management plan, the Idaho ground water quality plan or this act chapter.
51 ( 45) "Department" means the Idaho department of agriculture.
1 ( 56) "Director" means the director of the Idaho department of agriculture
2 or his designee.
3 ( 67) "Manure" means animal excrement that may also contain bedding,
4 spilled feed, water or soil.
5 ( 78) "Modification" or "modified" means structural changes and altera-
6 tions to the wastewater storage containment facility which would require
7 increased storage or containment capacity or such changes which would alter
8 the function of the wastewater storage containment facility.
9 ( 89) "Noncompliance" means a practice or condition that causes an unau-
10 thorized discharge, or a practice or condition, that if left uncorrected, will
11 cause an unauthorized discharge.
12 ( 910) "National pollutant discharge elimination system (NPDES)" means the
13 point source permitting program established pursuant to section 402 of the
14 federal clean water act.
15 (1 01) "Nutrient management plan" means a plan prepared in conformance with
16 the nutrient management standard, provisions required by 40 CFR 122.42(e)(1),
17 or other equally protective standard for managing the amount, placement, form
18 and timing of the land application of nutrients and soil amendments.
19 (1 12) "Nutrient management standard" means the 1999 publication by the
20 United States department of agriculture, natural resources conservation ser-
21 vice, conservation practice standard, nutrient management code 590 or other
22 equally protective standard approved by the director.
23 (1 23) "Person" means any individual, association, partnership, firm, joint
24 stock company, joint venture, trust, estate, political subdivision, public or
25 private corporation, state or federal governmental department, agency or
26 instrumentality, or any legal entity, which is recognized by law as the sub-
27 ject of rights and duties.
28 (1 34) "Process wastewater" means liquid containing beef cattle manure,
29 process generated wastewater and any precipitation which comes into direct
30 contact with livestock manure and facility products or byproducts.
31 (1 45) "Unauthorized discharge" means a discharge of process wastewater or
32 livestock manure to state surface waters that is not authorized by an NPDES
33 permit or the release of process wastewater or livestock manure to waters of
34 the state that does not meet the requirements of this act chapter or water
35 quality standards.
36 (1 56) "Wastewater storage and containment facilities" means the portion of
37 an animal feeding operation where manure or process wastewater is stored or
38 collected. This may include corrals, feeding areas, waste collection systems,
39 waste conveyance systems, waste storage ponds, waste treatment lagoons and
40 evaporative ponds.
41 (1 67) "Waters of the state" means all accumulations of water, surface and
42 underground, natural and artificial, public and private, or parts thereof
43 which are wholly or partially within, which flow through or border upon the
45 SECTION 4. That Section 22-4906, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 22-4906. NUTRIENT MANAGEMENT PLAN. Each beef cattle animal feeding opera-
48 tion shall submit a nutrient management plan to the director for approval.
49 Beef cattle animal feeding operations that are operating on or before July 1,
50 2000, shall submit a nutrient management plan to the director for approval no
51 later than January 1, 2005. Any new operation commencing operations after July
52 1, 2000, shall not operate prior to the director's approval of a nutrient man-
53 agement plan. An approved nutrient management plan shall be implemented and
1 considered a best management practice. Following department review and
2 approval, the plan, and all copies of the plan, shall be returned to the oper-
3 ation and maintained on site. Such plans shall be available to the administra-
4 tor on request.
5 SECTION 5. That Section 22-4907, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 22-4907. INSPECTIONS. (1) The director or his designee in the division of
8 animal industries is authorized to enter and inspect any beef cattle animal
9 feeding operation and have access to or copy any facility records deemed nec-
10 essary to ensure compliance with this act chapter and the federal clean water
11 act. The director shall comply with the biosecurity protocol of the operation
12 so long as the protocol does not inhibit reasonable access to:
13 (a) Enter and inspect at reasonable times upon the premises or land
14 application site(s) of a permitted facility or where records are kept beef
15 cattle animal feeding operation;
16 (b) Have access to Review and/or copy, at reasonable times, any records
17 that must be kept under conditions of the permit this chapter;
18 (c) Inspect at reasonable times any facility or land application site;
20 (d) Sample or monitor at reasonable times, substances or parameters
21 directly related to compliance with the an NPDES permit or this act chap-
23 (2) All inspections and investigations conducted under the authority of
24 this act chapter shall be performed in conformity with section 17, article I
25 of the constitution of the state of Idaho. The state shall not, under the
26 authority granted by this act chapter, conduct warrantless searches of private
27 property in the absence of either consent from the property owner or other
28 authorized person.
STATEMENT OF PURPOSE
The purpose of this proposed legislation is to make
technical corrections to the Beef Cattle Environmental
Control Act that helps to clarify the declaration of policy
and further defines several of the definitions. The proposed
legislation also brings the state plan into compliance with
Federal standards by stating the proper Code of Federal
Regulations. The proposed legislation also provides that any
nutrient management plan so developed shall be maintained on
site. The proposed legislation also clarifies the inspection
Name:Lloyd Knight Idaho Cattle Association
STATEMENT OF PURPOSE/FISCAL NOTE H 682