TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 6

DAIRY ENVIRONMENTAL CONTROL ACT

37-604.  Definitions. When used in this chapter:

(1)  "Agricultural stormwater discharge" means a precipitation-related discharge of dairy byproducts from land areas under the control of a dairy farm where the dairy byproducts have been land applied in accordance with an approved nutrient management plan.

(2)  "Best management practice" means a practice, technique or measure that is determined to be a reasonable precaution, a cost-effective and practicable means of preventing or reducing the discharge of pollutants from a point source or a nonpoint source to a level compatible with environmental goals, including water quality goals and standards.

(3)  "Certified planner" means a person who has completed nutrient management certification in accordance with the nutrient management standard and is approved by the department.

(4)  "Dairy byproduct" means solids and liquids associated with dairy animal rearing and milk production including, but not limited to: manure, manure compost, process water, bedding, spilled feed and feed leachate, and livestock carcasses or parts thereof.

(5)  "Dairy farm" means land owned or operated by a department-permitted grade A or manufacture grade facility where one (1) or more milking cows, sheep or goats are kept, and from which all or a portion of the milk produced thereon is delivered, sold or offered for sale for human consumption.

(6)  "Dairy environmental management plan" means a plan for managing a dairy environmental management system. The dairy environmental management plan shall consist of dairy storage and containment facilities criteria and a dairy nutrient management plan that are approved by the director.

(7)  "Dairy environmental management system" means the areas and structures within a dairy farm where dairy byproducts are collected, stored, treated or applied to land. These areas and structures may include corrals, feeding areas, collection systems, conveyance systems, storage ponds, treatment lagoons, evaporative ponds and land application areas.

(8)  "Dairy nutrient management plan" means a plan prepared in conformance with the nutrient management standard for managing the land application of dairy byproducts that is prepared by a certified planner and approved by the department.

(9)  "Dairy storage and containment facilities" means the areas and structures within a dairy farm where dairy byproducts are collected, stored or treated in conformance with engineering standards and specifications published by the United States department of agriculture natural resources conservation service or by the American society of agricultural and biological engineers (ASABE), or other equally protective criteria approved by the director. These areas may include corrals, feeding areas, collection systems, conveyance systems, storage ponds, treatment lagoons, evaporative ponds and compost areas.

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

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

(12) "Export" means the delivery of dairy byproducts from a dairy farm to a third party for the third party’s use.

(13) "Land application" means spreading on, or incorporating into the soil mantle, dairy byproducts as a soil amendment for agricultural use of nutrients and for other beneficial purposes.

(14) "Modification" or "modified" means structural changes and alterations to a dairy storage and containment facility that would require increased storage or containment capacity or alter the function of the waste system.

(15) "National pollutant discharge elimination system" (NPDES) means the point source permitting program established pursuant to section 402 of the federal clean water act.

(16) "Noncompliance" means a practice or condition that does not meet the requirements of a dairy environmental management plan. Noncompliance does not include an upset condition.

(17) "Nutrient management standard" means criteria for managing the land application of nutrients and soil amendments published in the United States department of agriculture, natural resources conservation service, conservation practice standard, nutrient management code 590, or other equally protective criteria approved by the director.

(18) "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.

(19) "Process water" means water directly or indirectly used or produced in dairy animal rearing, milk production and environmental management processes including, but not limited to: excess milk; spillage or overflow from watering, washing, spraying or cooling dairy animals; water containing dairy manure; water used in washing, cleaning, or flushing barns, manure pits and other areas involved in the milk production and environmental management processes; water used for dust control; and water that comes into contact with any raw materials, products, or byproducts of the dairy production and environmental management processes.

(20) "Unauthorized discharge" means a discharge of pollutants from a dairy farm to waters of the United States as defined in the federal clean water act that is required to be but is not authorized by an NPDES permit. For purposes of the department’s authorities under this chapter, unauthorized discharge shall not include an upset condition or agricultural stormwater discharge.

(21) "Unauthorized release" means a release of dairy byproducts to ground water or surface waters of the state that are not waters of the United States or beyond land owned or operated by the dairy farm that results from a dairy farm’s failure to comply with its environmental management plan. Unauthorized release shall not include an upset condition, an agricultural stormwater discharge or infiltration from storage and containment facilities that is within engineering standards and specifications published by the United States department of agriculture natural resources conservation service or by the ASABE, or other equally protective criteria approved by the director.

(22) "Upset condition" means precipitation, earthquake, vandalism or other occurrence beyond the control of the dairy farm owner or operator that exceeds criteria for storage and containment facilities and nutrient management in an approved environmental management plan.

History:

[37-604, added 2014, ch. 284, sec. 1, p. 721; am. 2016, ch. 129, sec. 9, p. 381.]