Idaho Code 37-605 – Dairy Storage and Containment Facility Design and Construction
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(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 approved by the director. Design, construction, operation and maintenance of storage and containment facilities in accordance with such criteria shall be considered a best management practice that is intended 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) Each dairy farm shall have storage and containment facilities criteria that are approved by the department and included in the dairy’s environmental management plan. Dairy storage and containment facilities criteria shall be implemented by the dairy farm and enforced by the department to ensure that there is no unauthorized discharge or unauthorized release from the dairy farm. The department’s review and approval of plans under this section shall supersede the department of environmental quality’s implementation of plan and specification review and approval pursuant to section 39-118, Idaho Code.
Terms Used In Idaho Code 37-605
- Best management practice: means a practice, technique or measure that is determined to be a reasonable precaution, a cost-effective and practicable means of preventing or reducing the discharge of pollutants from a point source or a nonpoint source to a level compatible with environmental goals, including water quality goals and standards. See Idaho Code 37-604
- Dairy farm: means land owned or operated by a department-permitted grade A or manufacture grade facility where one (1) or more milking cows, sheep or goats are kept, and from which all or a portion of the milk produced thereon is delivered, sold or offered for sale for human consumption. See Idaho Code 37-604
- Dairy storage and containment facilities: means the areas and structures within a dairy farm where dairy byproducts are collected, stored or treated in conformance 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 (ASABE), or other equally protective criteria approved by the director. See Idaho Code 37-604
- Department: means the Idaho department of agriculture. See Idaho Code 37-604
- Director: means the director of the Idaho department of agriculture or his designee. See Idaho Code 37-604
- 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
- Unauthorized discharge: means a discharge of pollutants from a dairy farm to waters of the United States as defined in the federal clean water act that is required to be but is not authorized by an NPDES permit. See Idaho Code 37-604
- Unauthorized release: means a release of dairy byproducts to ground water or surface waters of the state that are not waters of the United States or beyond land owned or operated by the dairy farm that results from a dairy farm’s failure to comply with its environmental management plan. See Idaho Code 37-604