TITLE 25

ANIMALS

CHAPTER 38

AGRICULTURE ODOR MANAGEMENT ACT

25-3808.  Subsequent violations — Penalties. (1) An agricultural operation, after having been determined to have committed a first time violation of the provisions of this chapter, shall be deemed to have committed a subsequent violation if the operation:

(a)  Is determined by the department to have committed a subsequent violation within a three (3) year period of time; or

(b)  Failed to comply with an odor management plan developed pursuant to section 25-3805, Idaho Code.

(2)  An agricultural operation, after having been determined to have committed a first time violation of the provisions of this chapter, may be deemed to have committed a subsequent violation if the director determines that the operation has failed to cooperate by failing to submit an acceptable odor management plan.

(3)  Those agricultural operations determined to have committed a subsequent violation of this chapter shall be assessed a civil penalty by the department or its duly authorized agent not to exceed ten thousand dollars ($10,000) for each offense and be liable for reasonable attorney’s fees and costs.

(4)  Assessment of a civil penalty as provided herein may be made in conjunction with any other department administrative action and shall be based on the severity of the offense and the degree of cooperation with the department.

(5)  No civil penalty may be imposed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

(6)  If the department is unable to collect the civil penalty or if any person fails to pay all or a set portion of a civil penalty as determined by the department, the department may recover such amount by action in the appropriate district court.

(7)  Any person against whom the department has assessed a civil penalty under this section may, within thirty (30) days of the final action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.

(8)  Moneys collected for violations shall be deposited in the state treasury and credited to the general fund.

(9)  The imposition or computation of monetary penalties shall take into account the seriousness of the violation, and such other matters as justice requires. The director shall prepare a written report setting forth the basis upon which any monetary penalty is imposed and/or computed and shall retain the report on file with the department.

History:

[25-3808, added 2001, ch. 383, sec. 1, p. 1343; am. 2002, ch. 261, sec. 4, p. 783.]