Idaho Code 39-7904 – Site Approval Required — Site Approval Is Supplemental — Local Option — Local Action Required for Department Action
Current as of: 2023 | Check for updates
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(1) No person may construct or expand a large swine facility regulated by this chapter without first obtaining site approval from the director as provided in this chapter.
(2) The site approval required by this chapter for construction or expansion of a large swine facility is required in addition to requirements of any rules of the department. Further, the site approval required by this chapter must be obtained in addition to any other license, permit or approval required by law or rule.
Terms Used In Idaho Code 39-7904
- 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
- Director: means the director of the Idaho department of environmental quality or his designee. 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Permit: when used as a noun means a permit issued by the director pursuant to rules of the department. See Idaho Code 39-7903
- Person: means an individual, association, firm, partnership, political subdivision, public or private corporation, state or federal agency, municipality, industry or any other legal entity whatsoever, and includes owners and operators. See Idaho Code 39-7903
(3) This chapter does not preempt the local regulation of swine facilities. This chapter provides boards of county commissioners and governing bodies of cities with an optional procedure for siting swine facilities. If boards of county commissioners and governing bodies of cities do not exercise their option to comply with this chapter, they are not subject to its provisions and may exercise individual authority to accept, regulate or reject swine facilities independently of this chapter.
(4) This chapter applies only if the board of county commissioners or governing body of a city, whichever has jurisdiction over the site for a proposed swine facility, chooses to comply with this chapter. If a board of county commissioners or a governing body of a city with jurisdiction chooses not to comply with this chapter, the department is not required to take any action under this chapter.
(5) Boards of county commissioners and governing bodies of cities that choose to comply with this chapter shall signify compliance by resolution or ordinance communicated to the director in writing.
(6) If a board of county commissioners or a governing body of a city chooses to comply with this chapter, the department does not have to issue a determination or notice of environmental suitability of facility location pursuant to its rules for swine facilities, IDAPA 58.01.09.