TITLE 39

HEALTH AND SAFETY

CHAPTER 79

LOCAL OPTION SWINE FACILITIES SITING ACT

39-7913.  Violations and enforcement. (1) The following acts are unlawful:

(a)  Failure to comply with this chapter and any rules of the department regulating swine facilities, and conditions of site approval granted pursuant to this chapter;

(b)  Knowingly making a false statement, representation, or certification in any application report, document, or record developed, maintained, or submitted pursuant to this chapter, rules or conditions of a site approval.

(2)  Any person violating this chapter or any site approval or order under this chapter is liable for a civil or criminal penalty in accordance with chapter 1, title 39, Idaho Code. The director may apply the provisions of chapter 1, title 39, Idaho Code, to ensure compliance.

(3)  The director may revoke a site approval:

(a)  For material violation of any condition of a site approval, final agency order or order or judgment of a court secured by any state or federal agency and relating to the operation of a swine facility;

(b)  If an approval was obtained by misrepresentation or failure to disclose all relevant facts;

(c)  If approval for adequate water rights cannot be obtained from the Idaho department of water resources;

(d)  The site or facility does not meet the requirements of this chapter.

(4)  A private right of action on behalf of any person who has been injured or damaged by any approval authorized in this chapter or violation of the terms of any approval or rule authorized in this chapter may be maintained in accordance with the provisions of this chapter and/or the provisions of chapter 52, title 67, Idaho Code, as applicable.

History:

[39-7913, added 2000, ch. 268, sec. 1, p. 767.]