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H0173...............................................by AGRICULTURAL AFFAIRS
LARGE SWINE AND POULTRY FEEDING OPERATIONS - Amends existing law relating
to large swine and poultry feeding operations to provide requirements for
certain recipients of manure or process wastewater from large swine or
poultry operations.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 173
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LARGE SWINE AND POULTRY FEEDING OPERATIONS; AMENDING SECTION
3 39-104A, IDAHO CODE, TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENTAL QUALITY
4 TO PROMULGATE RULES REGULATING CERTAIN RECIPIENTS OF MANURE OR PROCESS
5 WASTEWATER FROM LARGE SWINE OR POULTRY OPERATIONS AND TO PROVIDE REQUIRE-
6 MENTS FOR CERTAIN RECIPIENTS OF MANURE OR PROCESS WASTEWATER FROM LARGE
7 SWINE OR POULTRY OPERATIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 39-104A, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-104A. AUTHORITY TO MAKE RULES REGULATING LARGE SWINE AND POULTRY FEED-
12 ING OPERATIONS -- FINANCIAL ASSURANCES -- MANURE OR PROCESS WASTEWATER RECIPI-
13 ENTS. (1) The state of Idaho is experiencing the development of large swine
14 and poultry feeding operations which are inadequately controlled through
15 existing state regulatory mechanisms. If not properly regulated, these facili-
16 ties pose a threat to the state's surface and ground water resources. Due to
17 existing rulemaking authority, the department of environmental quality is in
18 the best position of all state agencies to modify its present rules and to
19 make new rules to develop an adequate regulatory framework for large swine and
20 poultry feeding operations.
21 (2) The department of environmental quality is authorized to modify its
22 existing administrative rules and to make new rules regulating large swine and
23 poultry feeding operations, as they shall be defined by the department, and
24 recipients of manure or process wastewater from large swine or poultry opera-
25 tions as provided for in subsection (6) of this section. The department is
26 authorized to work with the Idaho department of agriculture in the development
27 of such rules.
28 (3) Owners and operators of swine and poultry facilities required to
29 obtain a permit from the department of environmental quality to construct,
30 operate, expand or close the facilities shall provide financial assurances
31 demonstrating financial capability to meet requirements for operation and clo-
32 sure of the facilities and remediation. Requirements for financial assurances
33 shall be determined by the agency as set forth in rule. Financial assurances
34 may include any mechanism or combination of mechanisms meeting the require-
35 ments established by agency rule including, but not limited to, surety bonds,
36 trust funds, irrevocable letters of credit, insurance and corporate guaran-
37 tees. The mechanism(s) used to demonstrate financial capability must be
38 legally valid, binding and enforceable under applicable law and must ensure
39 that the funds necessary to meet the costs of closure and remediation will be
40 available whenever the funds are needed. The director may retain financial
41 assurances for up to five (5) years after closure of a facility to ensure
42 proper closure and remediation, as defined by rule.
43 (4) Those swine facilities described in section 39-7905, Idaho Code,
2
1 shall meet the requirements of section 39-7907, Idaho Code, in addition to the
2 requirements of this chapter and the department of environmental quality's
3 rules regulating swine and poultry facilities, prior to the issuance of a
4 final permit by the director. The director shall require that swine facilities
5 be constructed in a phased manner over a period of time and that no additional
6 facilities be constructed until the director approves the associated waste
7 treatment system. The director may require that poultry facilities be con-
8 structed in a phased manner over a period of time and that no additional
9 facilities be constructed until the director approves the associated waste
10 treatment system.
11 (5) Nothing in this section prohibits the boards of county commissioners
12 of any county or the governing body of any city from adopting regulations that
13 are more stringent or that require greater financial assurances than those
14 imposed by the department of environmental quality. A board of county commis-
15 sioners of a county or a governing body of a city in which a swine or poultry
16 facility is located may choose to determine whether the facility is properly
17 closed according to imposed standards or may leave that determination to the
18 department. This choice shall be communicated to the director in writing when
19 closure begins; provided that determinations of closure by a board of county
20 commissioners of a county or a governing body of a city in which the swine or
21 poultry facility is located shall not permit closure under less stringent
22 requirements than those imposed by the department.
23 (6) Any recipient of manure or process wastewater from a large swine or
24 poultry operation that is required to submit a nutrient management plan to the
25 director for approval pursuant to statute or rule, that receives such manure
26 or process wastewater on or after July 1, 2006, shall also submit a nutrient
27 management plan to the director for approval. The nutrient management plan
28 shall be implemented upon approval.
29 (7) As used in this section:
30 (a) "Animal unit" means a unit equaling two and one-half (2.5) swine,
31 each weighing over twenty-five (25) kilograms (approximately fifty-five
32 (55) pounds), or ten (10) weaned swine, each weighing under twenty-five
33 (25) kilograms, or one hundred (100) poultry. Total animal units are cal-
34 culated by adding the number of swine weighing over twenty-five (25)
35 kilograms multiplied by four-tenths (.4) plus the number of weaned swine
36 weighing under twenty-five (25) kilograms multiplied by one-tenth (.1)
37 plus the number of poultry multiplied by one one-hundredth (.01).
38 (b) "Facilities" or "facility" means a place, site or location or part
39 thereof where swine or poultry are kept, handled, housed or otherwise
40 maintained and includes, but is not limited to, buildings, lots, pens and
41 animal waste management systems, and which has a one-time animal unit
42 capacity of two thousand (2,000) or more animal units.
43 (c) "Large swine and poultry feeding operations" means swine facilities
44 and poultry facilities having a one-time animal unit capacity of two thou-
45 sand (2,000) or more animal units.
46 (d) "One-time animal unit capacity" means the maximum number of animal
47 units that a facility is capable of housing at any given time.
STATEMENT OF PURPOSE
RS 14847
Effective July 1, 2006, farms that receive manure or process
wastewater from large swine or poultry operations will be
required to file nutrient management plans with the Department of
Environmental Quality.
FISCAL NOTE
No fiscal impact to the General Fund.
Contact
Name: Representative Doug Jones
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 173