39-7903 DEFINITIONS. - Idaho Statutes

TITLE 39

HEALTH AND SAFETY

CHAPTER 79

LOCAL OPTION SWINE FACILITIES SITING ACT

39-7903. Definitions. As used in this chapter:

(1) "Active unit" means that part of a facility or unit that has received or is receiving wastes and that has not been closed.

(2) "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. Total animal units are calculated by adding the number of swine weighing over twenty-five (25) kilograms (approximately fifty-five (55) pounds) multiplied by four-tenths (.4), plus the number of weaned swine weighing under twenty-five (25) kilograms multiplied by one-tenth (.1).

(3) "Animal waste" means animal excrement, feed wastes, process wastewater or any other waste associated with the confinement of swine.

(4) "Animal waste management system" means any structure or system that provides for the collection, treatment, disposal, distribution or storage of animal waste.

(5) "Applicant" means the owner or the operator with the owner’s written consent.

(6) "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.

(7) "Certified planner" means a person who has completed the nutrient management certification in accordance with the nutrient management standard.

(8) "County" means any county in the state of Idaho.

(9) "Department" means the Idaho department of environmental quality.

(10) "Director" means the director of the Idaho department of environmental quality or his designee.

(11) "Existing facility" means a facility built and in operation one (1) year or more before the original effective date of this chapter.

(12) "Expand" or "expanding facility" means a swine facility of less than twenty thousand (20,000) animal units that increases its one-time animal unit capacity to twenty thousand (20,000) or more animal units.

(13) "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.

(14) "Ground water" means water below the land surface in a zone of saturation.

(15) "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.

(16) "Land application" means the spreading on or incorporation of animal waste into the soil mantle primarily for beneficial purposes.

(17) "Natural resources conservation service" or "NRCS" means the United States department of agriculture, natural resources conservation service.

(18) "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.

(19) "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.

(20) "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.

(21) "Operate" means to confine, feed, propagate, house or otherwise sustain swine.

(22) "Operator" means the person(s) responsible for the overall operation of a facility or part of a facility.

(23) "Owner" means the person(s) who owns a facility or part of a facility.

(24) "Permit" when used as a noun means a permit issued by the director pursuant to rules of the department.

(25) "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.

(26) "Plan of operation" or "operating plan" means the written plan developed by an owner or operator of a swine facility unit detailing how the facility is to be operated during its active life, during closure, and throughout the postclosure period.

(27) "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.

(28) "Qualified professional" means a licensed professional geologist or licensed professional engineer, as appropriate, holding current professional registration in compliance with applicable provisions of the Idaho Code.

(29) "Unauthorized discharge" means a release of animal waste to the environment or waters of the state that is not authorized by the license or the terms of a national pollutant discharge elimination system (NPDES) permit issued by the federal environmental protection agency.

(30) "Water quality standard" means a standard set for maximum allowable contamination in surface waters and ground water as set forth in the water quality standards for waters for the state of Idaho.

(31) "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.