Section 37-601 – SHORT TITLE.

37-601. SHORT TITLE. This chapter shall be known and cited as the "Dairy Environmental Control Act." History: [37-601, added 2014, ch. 284, sec. 1, p. 720.]

Section 37-602 – LEGISLATIVE FINDINGS AND PURPOSE.

37-602. LEGISLATIVE FINDINGS AND PURPOSE. (1) The legislature finds that: (a) The water resources of the state are among the state’s most valuable natural resources; (b) Maintaining an ecologically sound and economically viable dairy industry in this state is vital to the Idaho economy; (c) Dairy environmental management systems that are constructed, operated and maintained […]

Section 37-603 – AUTHORITY AND DUTIES OF DIRECTOR AND AGENCY COORDINATION.

37-603. AUTHORITY AND DUTIES OF DIRECTOR AND AGENCY COORDINATION. (1) The director of the department shall be solely responsible for approving and enforcing dairy environmental management plans. The department is authorized to adopt rules to implement the provisions in this chapter. (2) The department shall implement programs to recognize, support and promote performance and innovation […]

Section 37-604 – DEFINITIONS.

37-604. DEFINITIONS. When used in this chapter: (1) "Agricultural stormwater discharge" means a precipitation-related discharge of dairy byproducts from land areas under the control of a dairy farm where the dairy byproducts have been land applied in accordance with an approved nutrient management plan. (2) "Best management practice" means a practice, technique or measure that […]

Section 37-605 – DAIRY STORAGE AND CONTAINMENT FACILITY DESIGN AND CONSTRUCTION.

37-605. DAIRY STORAGE AND CONTAINMENT FACILITY DESIGN AND CONSTRUCTION. (1) All dairy storage and containment facilities shall be designed and constructed in accordance with engineering standards and specifications published by the United States department of agriculture natural resources conservation service or by the American society of agricultural and biological engineers, or other equally protective criteria […]

Section 37-606 – DAIRY NUTRIENT MANAGEMENT PLAN.

37-606. DAIRY NUTRIENT MANAGEMENT PLAN. (1) Each dairy farm shall have a dairy nutrient management plan that is approved by the department and included in the dairy farm’s environmental management plan. The dairy nutrient management plan shall be implemented by the dairy farm and enforced by the department to prevent unauthorized discharges, unauthorized releases, violations […]

Section 37-606A – DAIRY ENVIRONMENTAL MANAGEMENT PLAN.

37-606A. DAIRY ENVIRONMENTAL MANAGEMENT PLAN. (1) Each dairy farm shall comply with the dairy environmental management plan that is approved and on file with the department to prevent unauthorized discharges, unauthorized releases, violations of state water quality standards, contamination of ground water and surface water and endangerment to human health and the environment. (2) The […]

Section 37-607 – INSPECTIONS.

37-607. INSPECTIONS. (1) The director or his designee is authorized to enter and inspect any dairy farm to determine compliance with the dairy farm’s environmental management plan. The director shall have access to or copy any records pertaining to the dairy environmental management system to ensure compliance with the dairy environmental management plan. (2) The […]

Section 37-608 – UNAUTHORIZED DISCHARGES AND UNAUTHORIZED RELEASES.

37-608. UNAUTHORIZED DISCHARGES AND UNAUTHORIZED RELEASES. (1) No dairy farm shall cause an unauthorized discharge or an unauthorized release. (2) The department of environmental quality shall be solely responsible and authorized to determine whether the discharge of pollutants from a dairy farm to waters of the United States is required to be authorized by an […]

Section 37-609 – NONCOMPLIANCE — ENFORCEMENT — PENALTIES.

37-609. NONCOMPLIANCE — ENFORCEMENT — PENALTIES. (1) A dairy farm operating in compliance with its environmental management plan shall not be subject to enforcement action pursuant to this chapter. (2) The department shall address noncompliance with an environmental management plan through corrective actions, compliance schedules or other actions authorized by rules adopted pursuant to this […]