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H0168...............................................by AGRICULTURAL AFFAIRS MANURE - Adds to existing law to provide requirements relating to the application of certain manure; to provide for inspections; and to provide for civil violations and penalties. 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 - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 168 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ANIMALS; AMENDING TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW 3 CHAPTER 18, TITLE 25, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE REQUIREMENTS 4 RELATING TO THE APPLICATION OF CERTAIN MANURE, TO PROVIDE FOR INSPECTIONS, 5 TO PROVIDE FOR CIVIL VIOLATIONS AND PENALTIES AND TO AUTHORIZE THE PROMUL- 6 GATION OF RULES. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Title 25, Idaho Code, be, and the same is hereby amended 9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 10 ter 18, Title 25, Idaho Code, and to read as follows: 11 CHAPTER 18 12 APPLIED MANURE 13 25-1801. DEFINITIONS. When used in this chapter: 14 (1) "Department" means the Idaho department of agriculture. 15 (2) "Director" means the director of the Idaho department of agriculture. 16 (3) "Manure" means animal excrement that may also contain bedding, 17 spilled feed or soil. 18 (4) "Person" means any individual, association, partnership, firm, joint 19 stock company, joint venture, trust, estate, private corporation, or any legal 20 entity, which is recognized by law as the subject of rights and duties. 21 25-1802. MANURE APPLICATION. Manure having a moisture content in excess 22 of twenty-five percent (25%) that is applied onto soil, shall be incorporated 23 into the soil surface within seventy-two (72) hours of application. 24 25-1803. INSPECTIONS. The director or his designee is authorized to enter 25 and inspect any location in which a person has failed to incorporate applied 26 manure into the soil surface within seventy-two (72) hours of application to 27 ensure compliance with the provisions of this chapter. 28 25-1804. VIOLATIONS -- CIVIL -- PENALTIES. (1) Any person that violates 29 the provisions of this chapter shall be assessed a civil penalty by the 30 department or its duly authorized agent not to exceed five hundred dollars 31 ($500) for each offense and be liable for reasonable attorney's fees and 32 costs. 33 (2) Assessment of a civil penalty as provided herein may be made in con- 34 junction with any other department administrative action and shall be based on 35 the severity of the offense and the degree of cooperation with the department. 36 (3) If the department is unable to collect the civil penalty or if any 37 person fails to pay all or a set portion of a civil penalty as determined by 38 the department, the department may recover such amount by action in the appro- 39 priate district court. 2 1 (4) Any person against whom the department has assessed a civil penalty 2 under this section may, within thirty (30) days of the final action making the 3 assessment, appeal the assessment to the district court of the county in which 4 the violation is alleged by the department to have occurred. 5 (5) Moneys collected for violations shall be deposited in the state trea- 6 sury and credited to the general fund. 7 (6) The imposition or computation of monetary penalties shall take into 8 account the seriousness of the violation, and such other matters as justice 9 requires. The director shall prepare a written report setting forth the basis 10 upon which any monetary penalty is imposed and/or computed and shall retain 11 the report on file with the department. 12 25-1805. RULES. The director is authorized to promulgate necessary admin- 13 istrative rules in order to carry out the department's duties pursuant to the 14 provisions of this chapter in compliance with chapter 52, title 67, Idaho 15 Code.
STATEMENT OF PURPOSE RS 14710 This legislation would require that manure over 25% moisture shall be incorporated into the soil within 72 hours of application. It would give the Idaho State Department of Agriculture inspection and enforcement authority. FISCAL NOTE No impact on the general fund. Contact Name: Representative Jones Phone: 208-334-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 168