25-3801. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1) The agriculture industry is a vital component of Idaho’s economy and during the normal course of producing the food and fiber required by Idaho and our nation, odors are generated. It is the intent of the legislature to manage these odors when they are generated […]
25-3802. AUTHORITY AND DUTIES OF THE DIRECTOR CONCERNING ODORS FROM AGRICULTURAL OPERATIONS. The director of the department of agriculture is authorized to regulate odors from agricultural operations. In order to carry out its duties pursuant to the provisions of this chapter, the director of the department shall be authorized to promulgate necessary administrative rules in […]
25-3803. DEFINITIONS. When used in this chapter: (1) "Accepted agricultural practices" means those management practices normally associated with agriculture in Idaho, and which should include management practices intended to control odor generated by an agricultural operation. (2) "Agricultural animals" means those animals including, but not limited to, mink, domestic cervidae, horses and ratites raised for […]
25-3804. DESIGN AND CONSTRUCTION. All new or modified liquid waste systems shall be designed by licensed professional engineers, approved by the director of the department of agriculture for compliance with the provisions of this chapter, and constructed in accordance with standards and specifications either approved by the director for management of odors or in accordance […]
25-3805. FIRST TIME VIOLATORS — ODOR MANAGEMENT PLAN — EXCEPTIONS. (1) If it is determined by the department that an agricultural operation, not to include those operations set forth within section 25-3801(2), Idaho Code, is generating odors in excess of levels associated with accepted agricultural practices, the agricultural operation shall be deemed to have committed […]
25-3806. INSPECTIONS — RECORDS CONFIDENTIAL. The director or his designee is authorized to enter and inspect any agricultural operation and have access to or copy any facility records deemed necessary to ensure compliance with the provisions of this chapter or required odor management plans. Prior to conducting an investigation, the department shall notify the board […]
25-3807. COMPLAINTS. The department shall respond to all odor complaints lodged against agriculture operations. A complaint must include the name, address and telephone number of the complainant. The response of the department may be limited to informing the complainant that an odor plan is being implemented. Complaints pursuant to this section are a public record […]
25-3808. SUBSEQUENT VIOLATIONS — PENALTIES. (1) An agricultural operation, after having been determined to have committed a first time violation of the provisions of this chapter, shall be deemed to have committed a subsequent violation if the operation: (a) Is determined by the department to have committed a subsequent violation within a three (3) year […]
25-3809. AGRICULTURE ODOR MANAGEMENT FUND. There is hereby created in the state treasury a fund to be known as the agriculture odor management fund, which shall consist of all moneys which may be appropriated to it by the legislature or made available to it from federal, private or other sources. The department may expend such […]
