(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 poultry CAFO.
(2)  The designation shall be provided to the operator of the poultry AFO in writing, setting forth the basis for the director’s decision.

Terms Used In Idaho Code 25-4011

  • AFO: means a lot or facility where the following conditions are met:
Idaho Code 25-4002
  • CAFO: means an AFO that is defined as a large poultry CAFO or as a medium poultry CAFO by the terms of this chapter, or that is designated as a CAFO in accordance with section 25-4011, Idaho Code. See Idaho Code 25-4002
  • Director: means the director of the Idaho department of agriculture or his designee. See Idaho Code 25-4002
  • manure: means manure, bedding, compost and raw materials or other materials commingled with manure or set aside for disposal. See Idaho Code 25-4002
  • Noncompliance: means a practice or condition that causes an unauthorized discharge, or a practice or condition, that if left uncorrected, will cause an unauthorized discharge, or a condition on the poultry CAFO that does not meet the requirements of the nutrient management standard, nutrient management plan, and 2004 American society of agricultural and biological engineers (ASABE) construction standard for waste containment systems. See Idaho Code 25-4002
  • Poultry: means chickens, turkeys, ducks, geese and any other bird raised in captivity. See Idaho Code 25-4002
  • Process wastewater: means water directly or indirectly used in the operation of the AFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning or flushing pens, barns, manure pits or other AFO facilities; direct contact swimming, washing or spray cooling of animals; or dust control. See Idaho Code 25-4002
  • 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
  • Waters of the state: means all accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the state. See Idaho Code 25-4002
    • (3)  The director shall consider the following factors when deciding whether to designate a poultry AFO:
    (a)  Size of the poultry AFO and the amount of manure, process wastewater and runoff reaching waters of the state;
    (b)  Location of the poultry AFO relative to waters of the state;
    (c)  Means of conveyance of manure, process wastewater and runoff into waters of the state;
    (d)  Slope, vegetation, precipitation and other factors affecting the likelihood or frequency of discharge of manure, process wastewater or runoff into waters of the state; and
    (e)  Repeated instances of noncompliance.
    (4)  Upon request by the operator, the director shall redesignate a facility previously designated under subsection (1) of this section if the facility is no longer a significant contributor of pollution to waters of the state. Such redesignation shall be provided to the operator in writing and any fees or assessments paid by the operation due to the designation will not be refundable to the operation.