TITLE 39

HEALTH AND SAFETY

CHAPTER 79

LOCAL OPTION SWINE FACILITIES SITING ACT

39-7902.  Legislative findings and purposes. (1) The legislature finds that:

(a)  The swine industry is experiencing rapid changes such as increased sophistication of production technology, increased demand for capital to maintain or expand operations, consolidation of production and packing facilities and changing consumer demands and markets;

(b)  Large swine facilities increase social and environmental impacts in the areas where these facilities are located;

(c)  Adverse public health and environmental impacts can result from the improper siting of large swine facilities, therefore the need for establishing safe sites with an adequate supply of natural resources, such as water, and an adequate capacity for the disposal of animal waste is a matter of statewide concern;

(d)  Section 39-104A, Idaho Code, vests the department of environmental quality with the responsibility to make rules regulating swine operations; and section 39-105, Idaho Code, vests the department of environmental quality with the responsibility for the general supervision of the promotion and protection of the life, health and environment of the people of the state, including regulation of air quality, water quality and disposal of solid waste.

(2)  (a)  To facilitate swine facility siting decisions by boards of county commissioners and governing bodies of cities, this chapter establishes a review process within the department of environmental quality for construction or expansion of large swine facilities of a certain size, and to require approval of sites.

(b)  The procedures and requirements established in this chapter are necessary to facilitate the proper siting of large swine facilities, to effect timely and responsible completion of statutory duties and to ensure protection of human health, natural resources, private property values and the environment of the state.

(c)  The site approval required in this chapter is required in addition to any other license, permit or approval required by law or rule.

(3)  It is the intent of the legislature that this chapter will be applied only to swine facilities with a capacity of twenty thousand (20,000) animal units or more and that this chapter will not be applied to any other confined animal feeding operations.

History:

[39-7902, added 2000, ch. 268, sec. 1, p. 756; am. 2001, ch. 103, sec. 72, p. 313.]