TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 6

DAIRY ENVIRONMENTAL CONTROL ACT

37-605.  dairy storage and containment facility design and construction. (1) All dairy storage and containment facilities shall be designed and constructed in accordance 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, or other equally protective criteria approved by the director. Design, construction, operation and maintenance of storage and containment facilities in accordance with such criteria shall be considered a best management practice that is intended to prevent unauthorized discharges, unauthorized releases, violations of state water quality standards, contamination of ground water and surface water and endangerment to human health and the environment.

(2)  Each dairy farm shall have storage and containment facilities criteria that are approved by the department and included in the dairy’s environmental management plan. Dairy storage and containment facilities criteria shall be implemented by the dairy farm and enforced by the department to ensure that there is no unauthorized discharge or unauthorized release from the dairy farm. The department’s review and approval of plans under this section shall supersede the department of environmental quality’s implementation of plan and specification review and approval pursuant to section 39-118, Idaho Code.

History:

[37-605, added 2016, ch. 129, sec. 11, p. 383.]