TITLE 25

ANIMALS

CHAPTER 38

AGRICULTURE ODOR MANAGEMENT ACT

25-3803.  Definitions. When used in this chapter:

(1)  "Accepted agricultural practices" means those management practices normally associated with agriculture in Idaho, and which should include management practices intended to control odor generated by an agricultural operation.

(2)  "Agricultural animals" means those animals including, but not limited to, mink, domestic cervidae, horses and ratites raised for agricultural purposes.

(3)  "Agricultural operations" means those operations where livestock or other agricultural animals are raised, or crops are grown, for commercial purposes, not to include those operations set forth within section 25-3801(2), Idaho Code.

(4)  "Best management practices" means practices, techniques or measures which are determined by the department to be a cost-effective and practicable means of managing odors generated on an agricultural operation to a level associated with accepted agricultural practices.

(5)  "Department" means the Idaho department of agriculture.

(6)  "Director" means the director of the Idaho department of agriculture.

(7)  "Liquid waste system" means those wastewater storage and containment facilities and associated waste collection and conveyance systems where water is used as the primary carrier of manure and manure is added to the wastewater storage and containment facilities on a regular basis including the final distribution system.

(8)  "Livestock" means cattle, sheep, swine and poultry.

(9)  "Manure" means animal excrement that may also contain bedding, spilled feed or soil.

(10) "Modified" means structural changes and alterations to the livestock operation which would require increased wastewater storage or containment capacity or such changes which would increase the amount of manure entering wastewater storage containment facilities.

(11) "Nutrient management plan" means a plan prepared in conformance with the nutrient management standard.

(12) "Nutrient management standard" means the 1999 publication by the United States department of agriculture, natural resources conservation service, conservation practice standard, nutrient management code 590, and all subsequent amendments, additions or other revisions thereto, or other equally protective standard approved by the director.

(13) "Odor" means the property or quality of a substance that stimulates or is perceived by the sense of smell, or by other means as the department may determine by rule, the standards for which shall be judged on criteria that shall include intensity, duration, frequency, offensiveness and health risks.

(14) "Odor management plan" means a site specific plan approved by the director to manage odor from an agricultural operation to a level associated with accepted agricultural practices by utilizing best management practices.

(15) "Person" means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, private corporation, or any legal entity, which is recognized by law as the subject of rights and duties.

(16) "Wastewater" means water containing manure which is generated on a livestock operation.

(17) "Wastewater storage and containment facilities" means wastewater storage ponds, wastewater treatment lagoons and evaporative ponds.

History:

[25-3803, added 2001, ch. 383, sec. 1, p. 1341; am. 2002, ch. 261, sec. 2, p. 781.]