Section 25-4001 – SHORT TITLE.

25-4001. SHORT TITLE. This chapter shall be known as the "Poultry Environmental Act." History: [25-4001, added 2011, ch. 227, sec. 1, p. 615.]

Section 25-4002 – DEFINITIONS.

25-4002. DEFINITIONS. As used in this chapter: (1) "Administrator" means the administrator, or his designee, for the animal industries division of the Idaho department of agriculture. (2) "Animal feeding operation" or "AFO" means a lot or facility where the following conditions are met: (a) Poultry have been, are, or will be confined and fed or […]

Section 25-4003 – PERMIT REQUIRED.

25-4003. PERMIT REQUIRED. (1) No person shall construct, operate or expand a poultry CAFO of any size without first obtaining a permit issued by the director. (2) Two (2) or more poultry CAFOs under common control of the same person may be considered, for purposes of permitting, to be a single facility, even though separately […]

Section 25-4004 – PERMIT APPLICATION.

25-4004. PERMIT APPLICATION. (1) Every person who is required to obtain a permit under this chapter shall submit a permit application to the department prior to facility operation or expansion. A permit application will be used to determine if the construction and operation plans of a large or medium poultry CAFO will be in conformance […]

Section 25-4005 – EXISTING FACILITIES.

25-4005. EXISTING FACILITIES. (1) Existing large and medium poultry CAFO owners shall register with the department no later than January 1, 2012, upon forms created by the department. None of the provisions in this section shall be construed to deny an existing operation the opportunity to apply for and receive a permit under this chapter. […]

Section 25-4006 – DESIGN AND CONSTRUCTION.

25-4006. DESIGN AND CONSTRUCTION. Each new or modified large and medium CAFO shall design and construct all new and modified wastewater storage and containment facilities in accordance with the engineering standards and specifications provided by the natural resource conservation service or the American society of agricultural and biological engineers (ASABE) or other equally protective standard […]

Section 25-4007 – NUTRIENT MANAGEMENT PLANS.

25-4007. NUTRIENT MANAGEMENT PLANS. (1) All permitted CAFOs shall have and implement a nutrient management plan that has been reviewed and approved by the department. (2) Nutrient management plans shall be amended if modifications to the CAFO, as outlined in the nutrient management standard or other conditions, warrant the amendment. (3) Annual soil tests shall […]

Section 25-4008 – INSPECTIONS.

25-4008. INSPECTIONS. The director or his designee in the division of animal industries is authorized to enter and inspect any AFO and have access to or copy any facility records deemed necessary to ensure compliance with the provisions of this chapter. The director shall comply with the biosecurity protocol of the AFO so long as […]

Section 25-4009 – COMPLIANCE SCHEDULES AND MONITORING.

25-4009. COMPLIANCE SCHEDULES AND MONITORING. (1) Compliance schedule. The director may establish a compliance schedule for facilities as part of the permit conditions including: (a) Specific steps or actions to be taken by the permittee to achieve compliance with applicable requirements or permit conditions; and (b) Dates by which those steps or actions are to […]

Section 25-4010 – FEES AND ASSESSMENTS TO BE COLLECTED.

25-4010. FEES AND ASSESSMENTS TO BE COLLECTED. (1) The department may levy a fee or assessment against the permit holder for the purpose of carrying out the provisions of this chapter and rules promulgated hereunder. (2) Fees or assessments collected shall be used for costs related to the implementation of the provisions of this chapter. […]

Section 25-4011 – DESIGNATION.

25-4011. DESIGNATION. (1) The director may, on a case by case basis, designate a poultry AFO as a medium poultry CAFO if it is determined that the AFO is a significant contributor of pollutants to waters of the state. The designated medium poultry CAFO will be required to follow all permit requirements for a medium […]

Section 25-4012 – AUTHORITY TO PROMULGATE RULES.

25-4012. AUTHORITY TO PROMULGATE RULES. (1) The legislature finds that poultry AFOs require adequate control through state regulatory mechanisms in order to prevent such operations from posing a threat to the state’s water resources. The Idaho state department of agriculture is in the best position to administer and implement rules to provide an adequate regulatory […]

Section 25-4013 – VIOLATIONS.

25-4013. VIOLATIONS. (1) The failure by a permittee to comply with the provisions of this chapter, rules promulgated hereunder, or with any permit condition shall be deemed a violation. (2) Any person who knowingly makes a false statement, representation, or certification in any application report, document, or record developed, maintained, or submitted pursuant to these […]

Section 25-4014 – PENALTY FOR VIOLATIONS.

25-4014. PENALTY FOR VIOLATIONS. Whoever shall violate any of the provisions of this chapter or the rules promulgated hereunder: (1) May be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense. (2) Assessment of a civil penalty may be made in […]

Section 25-4015 – DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT.

25-4015. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1) The legislature recognizes the importance of protecting state natural resources including surface water and ground water. It is the intent of the legislature to protect the quality of these natural resources while maintaining an ecologically sound, economically viable and socially responsible poultry industry in the […]