Section 39-7901 – SHORT TITLE.
39-7901. SHORT TITLE. This act shall be known as the "Local Option Swine Facilities Siting Act." History: [39-7901, added 2000, ch. 268, sec. 1, p. 755.]
Section 39-7902 – LEGISLATIVE FINDINGS AND PURPOSES.
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 […]
Section 39-7903 – DEFINITIONS.
39-7903. DEFINITIONS. As used in this chapter: (1) "Active unit" means that part of a facility or unit that has received or is receiving wastes and that has not been closed. (2) "Animal unit" is a unit of measurement equaling two and one-half (2 1/2) swine, each weighing over twenty-five (25) kilograms (approximately fifty-five (55) […]
Section 39-7904 – SITE APPROVAL REQUIRED — SITE APPROVAL IS SUPPLEMENTAL — LOCAL OPTION — LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION.
39-7904. SITE APPROVAL REQUIRED — SITE APPROVAL IS SUPPLEMENTAL — LOCAL OPTION — LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION. (1) No person may construct or expand a large swine facility regulated by this chapter without first obtaining site approval from the director as provided in this chapter. (2) The site approval required by this chapter […]
Section 39-7905 – APPLICATION — FACILITIES REGULATED.
39-7905. APPLICATION — FACILITIES REGULATED. (1) The following swine facilities must obtain site approval under this chapter: (a) New swine facilities having a one-time animal unit capacity of twenty thousand (20,000) or more animal units; and (b) Existing swine facilities that expand their one-time animal unit capacity to twenty thousand (20,000) animal units or more. […]
Section 39-7906 – DIRECTOR MAY MAKE RULES AND CONTRACT WITH OTHER AGENCIES.
39-7906. DIRECTOR MAY MAKE RULES AND CONTRACT WITH OTHER AGENCIES. (1) The director may adopt administrative rules he deems necessary or helpful to carry out the purposes of this chapter. (2) The director may enter into contracts, agreements, memorandums and other arrangements with federal, state and local agencies to carry out the purposes of this […]
Section 39-7907 – LOCATION GUIDELINES.
39-7907. LOCATION GUIDELINES. This section provides location guidelines for swine facilities regulated by this chapter. Where the location guidelines provide a specific setback distance, that distance is the minimum setback distance that may be imposed. Further setback distances shall be imposed as circumstances require. (1) A swine facility regulated by this chapter shall not: (a) […]
Section 39-7908 – SITE REVIEW PANELS ESTABLISHED.
39-7908. SITE REVIEW PANELS ESTABLISHED. (1) A site review panel shall be established to ensure public input in the siting process and to recommend to the director site approval, approval with conditions or rejection. (2) A panel shall consist of eight (8) members to be appointed as follows: (a) Three (3) members shall be the […]
Section 39-7909 – SITING APPLICATION — FEE — RULES.
39-7909. SITING APPLICATION — FEE — RULES. (1) A site application shall include, in a format set forth by the director and when determined applicable by the director, the following information: (a) Name, mailing address and phone number of the facility owner; (b) Name, mailing address and phone number of the facility operator; (c) Name […]
Section 39-7910 – DUTIES OF THE DIRECTOR RELATIVE TO APPLICATIONS.
39-7910. DUTIES OF THE DIRECTOR RELATIVE TO APPLICATIONS. (1) Upon determination that a siting application is complete, the director shall: (a) Notify the permanent panel members, the city and/or county in which the swine facility site is located, the director of the department of fish and game, the director of the Idaho state police, and […]
Section 39-7911 – FINANCIAL ASSURANCE FOR CLOSURE AND REMEDIATION.
39-7911. FINANCIAL ASSURANCE FOR CLOSURE AND REMEDIATION. (1) All swine facilities regulated by section 39-104A, Idaho Code, and this chapter shall provide financial assurances demonstrating financial capability to meet requirements for closure of the facilities and remediation. Requirements for financial assurances shall be determined by the agency as set forth in rule. Financial assurances may […]
Section 39-7912 – DIRECTOR MAY REQUEST ADDITIONAL INFORMATION.
39-7912. DIRECTOR MAY REQUEST ADDITIONAL INFORMATION. The applicant shall provide the director with additional information the director deems necessary to process an application, within thirty (30) days of the director’s request. The time period within which the director must act with regard to an application shall be stayed until the information requested is provided. If […]
Section 39-7913 – VIOLATIONS AND ENFORCEMENT.
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 […]
Section 39-7914 – CONFIDENTIALITY OF RECORDS.
39-7914. CONFIDENTIALITY OF RECORDS. Information obtained by a public agency pursuant to this chapter or its associated rules is subject to public disclosure pursuant to the provisions of chapter 1, title 74, Idaho Code. Information submitted under a trade secret claim may be entitled to confidential treatment as provided in section 74-114, Idaho Code, and […]
Section 39-7915 – SEVERABILITY CLAUSE.
39-7915. SEVERABILITY CLAUSE. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History: […]
Section 39-7916 – CONFLICTS CLAUSE.
39-7916. CONFLICTS CLAUSE. If a conflict arises between this chapter and rules of the department regulating swine facilities, the most restrictive provision shall apply. History: [39-7916, added 2000, ch. 268, sec. 1, p. 768.]