2005 Legislation
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HOUSE BILL NO. 172 – Beef cattle waste recipient, rqmts

HOUSE BILL NO. 172

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H0172...............................................by AGRICULTURAL AFFAIRS
BEEF CATTLE ANIMAL FEEDING OPERATIONS - Amends existing law relating to
beef cattle animal feeding operations to authorize the director of the
Department of Agriculture to regulate certain recipients of manure or
process wastewater; to require recipients to submit nutrient management
plans to the director for approval; to provide for inspections of land
owned or operated by recipients; to authorize the Department of Agriculture
to access and copy certain records belonging to recipients; to provide for
the director of the Department of Agriculture's identification of items of
noncompliance; to authorize assessment of certain civil penalties; and to
provide that recipients that are in compliance with specified laws shall
not be subject to certain state enforcement actions.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 172
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BEEF CATTLE ANIMAL FEEDING OPERATIONS; AMENDING  SECTION  22-4902,
  3        IDAHO  CODE, TO REVISE PROVISIONS RELATING TO LEGISLATIVE INTENT; AMENDING
  4        SECTION 22-4903, IDAHO CODE, TO AUTHORIZE THE DIRECTOR OF  THE  DEPARTMENT
  5        OF  AGRICULTURE TO REGULATE CERTAIN RECIPIENTS OF MANURE OR PROCESS WASTE-
  6        WATER; AMENDING SECTION 22-4906, IDAHO CODE, TO REQUIRE CERTAIN RECIPIENTS
  7        OF MANURE OR PROCESS WASTEWATER TO SUBMIT NUTRIENT MANAGEMENT PLANS TO THE
  8        DIRECTOR FOR APPROVAL AND TO  PROVIDE  FOR  APPROVED  NUTRIENT  MANAGEMENT
  9        PLANS; AMENDING SECTION 22-4907, IDAHO CODE, TO PROVIDE FOR INSPECTIONS OF
 10        LAND OWNED OR OPERATED BY CERTAIN RECIPIENTS OF MANURE OR PROCESS WASTEWA-
 11        TER,  TO  AUTHORIZE  THE  DEPARTMENT  TO  ACCESS  AND COPY CERTAIN RECORDS
 12        BELONGING TO THE RECIPIENT AND TO REVISE CRITERIA RELATING  TO  REASONABLE
 13        ACCESS  OF  THE DIRECTOR; AMENDING SECTION 22-4909, IDAHO CODE, TO PROVIDE
 14        FOR THE DIRECTOR'S IDENTIFICATION OF  ITEMS  OF  NONCOMPLIANCE  UPON  LAND
 15        WHERE  MANURE OR PROCESS WASTEWATER HAS BEEN PLACED BY CERTAIN RECIPIENTS,
 16        TO AUTHORIZE THE ASSESSMENT OF CERTAIN CIVIL PENALTIES AND TO PROVIDE COR-
 17        RECT TERMINOLOGY; AND AMENDING SECTION 22-4910,  IDAHO  CODE,  TO  PROVIDE
 18        THAT  CERTAIN  RECIPIENTS OF MANURE OR PROCESS WASTEWATER THAT ARE IN COM-
 19        PLIANCE WITH SPECIFIED LAWS SHALL NOT BE SUBJECT TO CERTAIN STATE ENFORCE-
 20        MENT ACTIONS AND TO PROVIDE CORRECT TERMINOLOGY; AND PROVIDING  AN  EFFEC-
 21        TIVE DATE.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION  1.  That  Section 22-4902, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        22-4902.  DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE  INTENT.  (1)
 26    The   legislature  recognizes  the  importance  of  protecting  state  natural
 27    resources including, surface water and ground water. It is the intent  of  the
 28    legislature  to protect the quality of these natural resources while maintain-
 29    ing an ecologically sound, economically viable, and socially responsible  beef
 30    cattle  industry  in  the  state. The beef cattle industry produces manure and
 31    process wastewater which, when properly used, supplies valuable nutrients  and
 32    organic  matter  to  soils and is protective of the environment, but may, when
 33    improperly stored and managed, create adverse impacts  on  natural  resources,
 34    including  waters of the state. This chapter is intended to ensure that manure
 35    and process wastewater associated with beef cattle operations are handled in a
 36    manner which protects the natural resources of the state.
 37        (2)  Further, the legislature recognizes that the beef cattle industry  is
 38    potentially  subject  to  various  state  and federal laws designed to protect
 39    state natural resources and that the Idaho department of agriculture is in the
 40    best position to administer and implement these various laws. It is  therefore
 41    the  intent  of  the  legislature  that  the administration of this law by the
 42    department of agriculture fully meets the goals and requirements of  the  fed-
 43    eral  clean  water act and state laws designed to further protect state waters
                                                                        
                                           2
                                                                        
  1    and that administration of this chapter by the department of agriculture shall
  2    not be more stringent than or broader in scope than the  requirements  of  the
  3    clean  water  act  and applicable state and federal laws. The department shall
  4    have authority to administer all laws to protect the quality of  water  within
  5    the  confines of  a beef cattle animal feeding operation. In carrying out this
  6    chapter the department shall prioritize its resources on operations which have
  7    the greatest potential to significantly impact the environment and ensure that
  8    any requirements imposed under this chapter upon operators of beef cattle ani-
  9    mal feeding operations, or upon recipients of  manure  or  process  wastewater
 10    from  beef  cattle  animal feeding operations, are cost-effective and economi-
 11    cally, environmentally and technologically feasible.
 12        (3)  Successful implementation of  this  chapter  is  dependent  upon  the
 13    department  receiving  adequate  funding from the legislature and is dependent
 14    upon the department executing a memorandum of agreement with the United States
 15    environmental protection agency, the department of environmental  quality  and
 16    the  Idaho  cattle  association which sets forth a working arrangement between
 17    the agencies to ensure compliance with this chapter and applicable  state  and
 18    federal laws, including the federal clean water act. Moreover, the legislature
 19    recognizes  that  it is important for the state to obtain a delegated national
 20    pollutant discharge elimination system (NPDES) permit  program  from  the  EPA
 21    under the clean water act.
                                                                        
 22        SECTION  2.  That  Section 22-4903, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        22-4903.  AUTHORITY AND DUTIES OF DIRECTOR CONCERNING BEEF  CATTLE  ANIMAL
 25    FEEDING  OPERATIONS. (1) The director of the department of agriculture through
 26    the division of animal industries is authorized to regulate beef cattle animal
 27    feeding operations, and recipients of manure or process wastewater  from  beef
 28    cattle  animal feeding operations, to protect state natural resources, includ-
 29    ing surface water and ground water.
 30        (2)  In order to carry out its duties under this chapter,  the  department
 31    shall be the responsible state department to prevent any ground water contami-
 32    nation  from  beef  cattle animal feeding operations as provided under section
 33    39-120, Idaho Code.
 34        (3)  The director shall have the authority to exercise any other  authori-
 35    ties  delegated  by  the  director  of the department of environmental quality
 36    regarding the protection of ground water,  surface  water  and  other  natural
 37    resources  associated  with confined animal feeding operations, and this shall
 38    be the authority for the director of the department of  environmental  quality
 39    to so delegate.
 40        (4)  The director of the department of environmental quality shall consult
 41    with  the  director  of  the  department of agriculture before certifying dis-
 42    charges from beef cattle animal feeding operations as provided under 33 U.S.C.
 43    section 1341.
                                                                        
 44        SECTION 3.  That Section 22-4906, Idaho Code, be, and the same  is  hereby
 45    amended to read as follows:
                                                                        
 46        22-4906.  NUTRIENT  MANAGEMENT  PLAN.  (1) Each beef cattle animal feeding
 47    operation shall  submit  a  nutrient  management  plan  to  the  director  for
 48    approval.  Beef  cattle  animal  feeding  operations  that are operating on or
 49    before July 1, 2000, shall submit a nutrient management plan to  the  director
 50    for approval no later than January 1, 2005. Any new operation commencing oper-
 51    ations  after July 1, 2000, shall not operate prior to the director's approval
                                                                        
                                           3
                                                                        
  1    of a nutrient management plan. An approved nutrient management plan  shall  be
  2    implemented    and considered a best management practice. Following department
  3    review and approval, the plan, and all copies of the plan, shall  be  returned
  4    to  the operation and maintained on site. Such plans shall be available to the
  5    administrator on request.
  6        (2)  All recipients of manure or process wastewater  from  a  beef  cattle
  7    animal  feeding operation that receive such manure or process wastewater on or
  8    after July 1, 2006, shall submit a nutrient management plan  to  the  director
  9    for  approval.  An  approved nutrient management plan shall be implemented and
 10    considered a best management practice.
                                                                        
 11        SECTION 4.  That Section 22-4907, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        22-4907.  INSPECTIONS. (1) The director or his designee in the division of
 14    animal  industries  is  authorized to enter and inspect any beef cattle animal
 15    feeding operation, or land owned or operated by any  recipient  of  manure  or
 16    process  wastewater  from  a  beef  cattle  animal feeding operation, and have
 17    access to or copy records of any facility records or manure or process  waste-
 18    water  recipient  deemed  necessary to ensure compliance with this chapter and
 19    the federal clean water act. The director shall comply  with  the  biosecurity
 20    protocol  of the operation so long as the protocol does not inhibit reasonable
 21    access to:
 22        (a)  Enter and inspect at reasonable times the premises or  land  applica-
 23        tion  site(s)  of a beef cattle animal feeding operation, or land owned or
 24        operated by any recipient of manure or process wastewater from a beef cat-
 25        tle animal feeding operation;
 26        (b)  Review and/or copy, at reasonable times, any  records  that  must  be
 27        kept under conditions of this chapter;
 28        (c)  Sample  or  monitor  at  reasonable  times,  substances or parameters
 29        directly related to compliance with an NPDES permit or this chapter.
 30        (2)  All inspections and investigations conducted under the  authority  of
 31    this  chapter  shall  be performed in conformity with section 17, article I of
 32    the constitution of the state of Idaho. The state shall not, under the author-
 33    ity granted by this chapter, conduct warrantless searches of private  property
 34    in  the  absence of either consent from the property owner or other authorized
 35    person.
                                                                        
 36        SECTION 5.  That Section 22-4909, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        22-4909.  ENFORCEMENT.  (1)  Informal administrative resolution of noncom-
 39    pliance. When the director identifies items of noncompliance at a beef  cattle
 40    animal  feeding operation, or upon land where a recipient has placed manure or
 41    process wastewater from a beef cattle animal feeding operation, the  deficien-
 42    cies  will  be noted and appropriate corrective actions will be identified and
 43    scheduled informally. When  corrective  actions  cannot  be  commenced  within
 44    thirty  (30)  days  and  completed  within a reasonable time, the director may
 45    negotiate a compliance order as specified in subsection (2)(b)  of  this  sec-
 46    tion.
 47        (2)  (a) Administrative enforcement. Any beef cattle animal feeding opera-
 48        tion, or recipient of manure or process wastewater from a beef cattle ani-
 49        mal feeding operation, not complying with the provisions of this act chap-
 50        ter may be assessed a civil penalty by the director or his duly authorized
 51        agent in an administrative enforcement  action by the issuance of a notice
                                                                        
                                           4
                                                                        
  1        of  noncompliance.  The notice of noncompliance shall identify the alleged
  2        violation with specificity, shall specify each provision of the act  chap-
  3        ter  or  permit which has been violated, and shall state the amount of any
  4        civil penalty claimed for each violation and identify appropriate  correc-
  5        tive action.
  6        (b)  The  notice  of  noncompliance  shall inform the person to whom it is
  7        directed of an opportunity to confer with the director or  the  director's
  8        designee  in  a  compliance conference concerning the alleged violation. A
  9        compliance schedule must be requested within fifteen (15) days of  receipt
 10        of the notice of noncompliance. The compliance conference shall provide an
 11        opportunity  for the recipient of a notice of noncompliance to explain the
 12        circumstances of the alleged violation and, where appropriate, to  present
 13        a proposal for remedying damage caused by the alleged violation and assur-
 14        ing  future  compliance. If the recipient and the director agree on a plan
 15        to remedy damage caused by the alleged noncompliance and to assure  future
 16        compliance,  they  may  enter  into  a  compliance order formalizing their
 17        agreement. The compliance order may include a schedule  to  correct  defi-
 18        ciencies  and  a  provision providing for payment of any agreed civil pen-
 19        alty.
 20        (c)  A compliance order shall be effective  immediately  upon  signing  by
 21        both  parties and shall preclude any civil enforcement action for the same
 22        alleged noncompliance. If a party does not comply with the  terms  of  the
 23        compliance  order,  the  director  may seek and obtain, in any appropriate
 24        district court, specific performance of  the  compliance  order  and  such
 25        other relief as authorized in this act chapter.
 26        (d)  If  the  parties  cannot reach agreement on a compliance order within
 27        sixty (60) days after the receipt of the notice of  noncompliance,  or  if
 28        the  recipient  does not timely request a compliance conference under this
 29        section, the director may  commence  and  prosecute  a  civil  enforcement
 30        action  in  district court, in accordance with subsection (3) of this sec-
 31        tion.
 32        (3)  Civil enforcement. The director  may  initiate  a  civil  enforcement
 33    action  through  the attorney general. Civil enforcement actions shall be com-
 34    menced and prosecuted in the district court in and for the county in which the
 35    alleged violation occurred, and may be  brought  against  any  person  who  is
 36    alleged  to  have  violated any provision of this act chapter or any permit or
 37    order which has become effective pursuant to this act chapter. Such action may
 38    be brought to compel compliance with any provision of this act chapter or with
 39    any permit or order promulgated hereunder  and  for  any  relief  or  remedies
 40    authorized  in  this act chapter. No civil or administrative proceeding may be
 41    brought to recover for a violation of any provision of this act chapter  or  a
 42    violation  of  any  permit  or order issued pursuant to this act chapter, more
 43    than two (2) years after the director had knowledge  or  ought  reasonably  to
 44    have had knowledge of the violation.
 45        (4)  Civil penalty. Any person determined in a civil enforcement action to
 46    have violated any provision of this act chapter or any permit or order promul-
 47    gated  pursuant to this act chapter shall be liable for a civil penalty not to
 48    exceed  ten  thousand  dollars ($10,000) per violation or one thousand dollars
 49    ($1,000) for each day of a continuing violation. The  method  of  recovery  of
 50    said  penalty  shall be by a civil enforcement action in the district court in
 51    and for the county where the violation occurred. Moneys collected  for  viola-
 52    tions  of  this  section or rules promulgated thereunder shall be deposited in
 53    the state treasury and credited to the state school building fund. The imposi-
 54    tion or computation of monetary penalties shall take into account the serious-
 55    ness of the violation, good faith efforts to comply with the law, the economic
                                                                        
                                           5
                                                                        
  1    impact of the penalty on the violator, the economic benefit, if  any,  of  the
  2    violation and such other matters as justice requires.
                                                                        
  3        SECTION  6.  That  Section 22-4910, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        22-4910.  SAFE HARBOR. All beef  cattle  animal  feeding  operations,  and
  6    recipients  of  manure or process wastewater from a beef cattle animal feeding
  7    operation, operating in compliance with this act  chapter  and  approved  best
  8    management  practices  shall not be subject to state enforcement action due to
  9    violations of state water quality standards  or  state  ground  water  quality
 10    standards  except  in the event of imminent and substantial danger as provided
 11    in chapter 1, title 39, Idaho Code. However, the department shall evaluate and
 12    modify such best management practices as necessary.
                                                                        
 13        SECTION 7.  This act shall be in full force and effect on and  after  July
 14    1, 2006.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14846

Effective July 1, 2006, farms that receive livestock waste or
process wastewater from beef cattle feeding operations will be
required to file nutrient management plans with the Department of
Agriculture.


                           FISCAL NOTE

No fiscal impact to the General Fund.


Contact
Name:  Representative Doug Jones 
Phone: 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                    H 172