Idaho Code 39-7902 – Legislative Findings and Purposes
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(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 in the areas where these facilities are located;
(c) Adverse public health and environmental impacts can result from the improper siting of large swine facilities, therefore the need for establishing safe sites with an adequate supply of natural resources, such as water, and an adequate capacity for the disposal of animal waste is a matter of statewide concern;
(d) Section 39-104A, Idaho Code, vests the department of environmental quality with the responsibility to make rules regulating swine operations; and section 39-105, Idaho Code, vests the department of environmental quality with the responsibility for the general supervision of the promotion and protection of the life, health and environment of the people of the state, including regulation of air quality, water quality and disposal of solid waste.
(2) (a) To facilitate swine facility siting decisions by boards of county commissioners and governing bodies of cities, this chapter establishes a review process within the department of environmental quality for construction or expansion of large swine facilities of a certain size, and to require approval of sites.
(b) The procedures and requirements established in this chapter are necessary to facilitate the proper siting of large swine facilities, to effect timely and responsible completion of statutory duties and to ensure protection of human health, natural resources, private property values and the environment of the state.
(c) The site approval required in this chapter is required in addition to any other license, permit or approval required by law or rule.
(3) It is the intent of the legislature that this chapter will be applied only to swine facilities with a capacity of twenty thousand (20,000) animal units or more and that this chapter will not be applied to any other confined animal feeding operations.
Terms Used In Idaho Code 39-7902
- Animal waste: means animal excrement, feed wastes, process wastewater or any other waste associated with the confinement of swine. See Idaho Code 39-7903
- County: means any county in the state of Idaho. See Idaho Code 39-7903
- Department: means the Idaho department of environmental quality. See Idaho Code 39-7903
- Facility: means any place, site or location or part thereof where swine are kept, handled, housed, or otherwise maintained and includes, but is not limited to, all buildings, lots, pens, animal waste management systems, structures, and other appurtenances and improvements on the land. See Idaho Code 39-7903
- Permit: when used as a noun means a permit issued by the director pursuant to rules of the department. See Idaho Code 39-7903
- Property: includes both real and personal property. See Idaho Code 73-114
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114