39-7901 Short Title
39-7902 Legislative Findings and Purposes
39-7903 Definitions
39-7904 Site Approval Required — Site Approval Is Supplemental — Local Option — Local Action Required for Department Action
39-7905 Application — Facilities Regulated
39-7906 Director May Make Rules and Contract With Other Agencies
39-7907 Location Guidelines
39-7908 Site Review Panels Established
39-7909 Siting Application — Fee — Rules
39-7910 Duties of the Director Relative to Applications
39-7911 Financial Assurance for Closure and Remediation
39-7912 Director May Request Additional Information
39-7913 Violations and Enforcement
39-7914 Confidentiality of Records
39-7915 Severability Clause
39-7916 Conflicts Clause

Terms Used In Idaho Code > Title 39 > Chapter 79 - Local Option Swine Facilities Siting Act

  • Active unit: means that part of a facility or unit that has received or is receiving wastes and that has not been closed. See Idaho Code 39-7903
  • Animal unit: is a unit of measurement equaling two and one-half (2 1/2) swine, each weighing over twenty-five (25) kilograms (approximately fifty-five (55) pounds), or ten (10) weaned swine, each weighing under twenty-five (25) kilograms. See Idaho Code 39-7903
  • Animal waste: means animal excrement, feed wastes, process wastewater or any other waste associated with the confinement of swine. See Idaho Code 39-7903
  • Animal waste management system: means any structure or system that provides for the collection, treatment, disposal, distribution or storage of animal waste. See Idaho Code 39-7903
  • Applicant: means the owner or the operator with the owner’s written consent. See Idaho Code 39-7903
  • Aquifer: means a geological formation, group of formations, or a portion of a formation capable of yielding significant quantities of ground water to wells or springs. See Idaho Code 39-7903
  • Certified planner: means a person who has completed the nutrient management certification in accordance with the nutrient management standard. See Idaho Code 39-7903
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Ground water: means water below the land surface in a zone of saturation. See Idaho Code 39-7903
  • Holocene fault: means a fault characterized as a fracture or a zone of fractures in any material along which strata on one (1) side have been displaced with respect to that on the other side and holocene being the most recent epoch of the quaternary period, extending from the end of the pleistocene epoch to the present. 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.
  • Land application: means the spreading on or incorporation of animal waste into the soil mantle primarily for beneficial purposes. See Idaho Code 39-7903
  • Nutrient management plan: means a plan prepared in compliance with the nutrient management standard or other equally protective standard approved by the director for managing the amount, source, placement, form and timing of the land application of nutrients and soil amendments for plant production and to minimize the potential for environmental degradation, particularly of water quality. See Idaho Code 39-7903
  • Nutrient management standard: means the standard of the United States department of agriculture, natural resource conservation service code 590 or the Idaho agricultural pollution abatement plan, nutrient management standard component practice. See Idaho Code 39-7903
  • One-time animal unit capacity: means the maximum number of animal units that a facility is capable of housing at any given point in time. See Idaho Code 39-7903
  • Operate: means to confine, feed, propagate, house or otherwise sustain swine. See Idaho Code 39-7903
  • Operator: means the person(s) responsible for the overall operation of a facility or part of a facility. See Idaho Code 39-7903
  • Owner: means the person(s) who owns a facility or part of a facility. See Idaho Code 39-7903
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Process wastewater: means any water used in the facility that comes into contact with any manure, litter, bedding, raw, intermediate, or final material or product used in or resulting from the production of swine and any products directly or indirectly used in the operation of a facility, such as spillage or overflow from animal watering systems; washing, cleaning, or flushing pens, barns, manure pits, or spray cooling of animals; and dust control and any precipitation which comes into contact with animals or animal waste. See Idaho Code 39-7903
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Quorum: The number of legislators that must be present to do business.
  • 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 the 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 39-7903