TITLE 25

ANIMALS

CHAPTER 40

POULTRY ENVIRONMENTAL ACT

25-4002.  DEFINITIONS. As used in this chapter:

(1)  "Administrator" means the administrator, or his designee, for the animal industries division of the Idaho department of agriculture.

(2)  "Animal feeding operation" or "AFO" means a lot or facility where the following conditions are met:

(a)  Poultry have been, are, or will be confined and fed or maintained for a total of forty-five (45) days or more in any twelve (12) month period; and

(b)  Crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(3)  "Animal waste" or "manure" means manure, bedding, compost and raw materials or other materials commingled with manure or set aside for disposal.

(4)  "Best management practices" means practices, techniques or measures which are determined to be reasonable precautions, are a cost-effective and practicable means of preventing or reducing pollutants from point sources or nonpoint sources to a level compatible with environmental goals, including water quality goals and standards for waters of the state.

(5)  "Concentrated animal feeding operation" or "CAFO" means an AFO that is defined as a large poultry CAFO or as a medium poultry CAFO by the terms of this chapter, or that is designated as a CAFO in accordance with section 25-4011, Idaho Code. Two (2) or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes.

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

(7)  "Director" means the director of the Idaho department of agriculture or his designee.

(8)  "Land application" means the spreading on, or incorporation of, animal waste into the soil mantle primarily for beneficial purposes.

(9)  "Land application area" means land under the control of an AFO owner or operator, whether it is owned, rented or leased, to which manure, litter or process wastewater from the production area is or may be applied.

(10) "Large poultry CAFO" means a poultry AFO that confines as many or more than the number of poultry specified in the following categories:

(a)  Fifty-five thousand (55,000) turkeys;

(b)  Thirty thousand (30,000) laying hens or broilers, if the AFO uses a liquid manure handling system;

(c)  One hundred twenty-five thousand (125,000) chickens, other than laying hens, if the AFO uses other than a liquid manure handling system;

(d)  Eighty-two thousand (82,000) laying hens, if the AFO uses other than a liquid manure handling system;

(e)  Thirty thousand (30,000) ducks, if the AFO uses other than a liquid manure handling system; or

(f)  Five thousand (5,000) ducks, if the AFO uses a liquid manure handling system.

(11) "Medium poultry CAFO" means any poultry AFO which confines:

(a)  Sixteen thousand five hundred (16,500) to fifty-four thousand nine hundred ninety-nine (54,999) turkeys;

(b)  Nine thousand (9,000) to twenty-nine thousand nine hundred ninety-nine (29,999) laying hens or broilers, if the AFO uses a liquid manure handling system;

(c)  Thirty-seven thousand five hundred (37,500) to one hundred twenty-four thousand nine hundred ninety-nine (124,999) chickens, other than laying hens, if the AFO uses other than a liquid manure handling system;

(d)  Twenty-five thousand (25,000) to eighty-one thousand nine hundred ninety-nine (81,999) laying hens, if the AFO uses other than a liquid manure handling system;

(e)  Ten thousand (10,000) to twenty-nine thousand nine hundred ninety-nine (29,999) ducks, if the AFO uses other than a liquid manure handling system; or

(f)  One thousand five hundred (1,500) to four thousand nine hundred ninety-nine (4,999) ducks, if the AFO uses a liquid manure handling system.

(12) "Modification" or "modified" means structural changes and alterations to the wastewater storage containment facility which would require increased storage or containment capacity or such changes which would alter the function of the wastewater storage containment facility.

(13) "Noncompliance" means a practice or condition that causes an unauthorized discharge, or a practice or condition, that if left uncorrected, will cause an unauthorized discharge, or a condition on the poultry CAFO that does not meet the requirements of the nutrient management standard, nutrient management plan, and 2004 American society of agricultural and biological engineers (ASABE) construction standard for waste containment systems.

(14) "Nutrient management plan" means a plan prepared in conformance with the nutrient management standard, provisions required by 40 CFR 122.42(e)(1), or other equally protective standard for managing the amount, placement, form and timing of the land application of nutrients and soil amendments.

(15) "Nutrient management standard" means the 2007 publication by the United States department of agriculture, natural resources conservation service, conservation practice standard, nutrient management code 590 or other equally protective standard approved by the director.

(16) "Person" means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity, that is recognized by law as the subject of rights and duties.

(17) "Poultry" means chickens, turkeys, ducks, geese and any other bird raised in captivity.

(18) "Process wastewater" means water directly or indirectly used in the operation of the AFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning or flushing pens, barns, manure pits or other AFO facilities; direct contact swimming, washing or spray cooling of animals; or dust control. Process wastewater also includes any water which comes into contact with any raw materials, products or byproducts including manure, litter, feed, milk, eggs or bedding.

(19) "Production area" means that part of an AFO that includes the animal confinement area, the manure storage area, the raw materials storage area and the waste containment area. The animal confinement area includes, but is not limited to, open lots, housed lots, feedlots, confinement houses, barnyards and animal walkways. The manure storage area includes, but is not limited to, lagoons, runoff ponds, storage sheds, stockpiles, under house or pit storages, liquid impoundments, static piles and composting piles. The raw materials storage area includes, but is not limited to, feed silos, silage bunkers and bedding materials. The waste containment area includes, but is not limited to, settling basins and areas within berms and diversions which separate uncontaminated storm water. Also included in the definition of "production area" is any egg washing or egg processing facility, and any area used in the storage, handling, treatment or disposal of mortalities.

(20) "Unauthorized discharge" means a discharge of process wastewater or manure to state surface waters that is not authorized by an NPDES permit or the release of process wastewater or manure to waters of the state that does not meet the requirements of this chapter.

(21) "Wastewater storage and containment facilities" means the portion of an AFO where manure or process wastewater is stored or collected. This may include corrals, feeding areas, waste collection systems, waste conveyance systems, waste storage ponds, waste treatment lagoons and evaporative ponds.

(22) "Waters of the state" means all accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the state.

History:

[25-4002, added 2011, ch. 227, sec. 1, p. 615.]