View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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