39-7909 SITING APPLICATION -- FEE -- RULES. - Idaho Statutes

TITLE 39

HEALTH AND SAFETY

CHAPTER 79

LOCAL OPTION SWINE FACILITIES SITING ACT

39-7909. Siting application -- Fee -- Rules. (1) A site application shall include, in a format set forth by the director and when determined applicable by the director, the following information:

(a) Name, mailing address and phone number of the facility owner;

(b) Name, mailing address and phone number of the facility operator;

(c) Name and mailing address of the facility;

(d) Legal description of the facility location;

(e) The legal structure of the entity owning the facility, including the names and addresses of all directors, officers, registered agents and partners;

(f) The names and locations of all swine facilities owned and/or operated by the applicant within the last ten (10) years;

(g) The one-time animal unit capacity of the facility;

(h) The type of animals to be confined at the facility;

(i) Evidence that a valid water right exists to supply adequate water for the proposed facility or a copy of either an application for a permit to appropriate water or an application to change the point of diversion, place, period and nature of use of an existing water right that has been filed with the Idaho department of water resources which, if approved, will supply adequate water for the proposed operation;

(j) The facility’s biosecurity and sanitary standards.

(2) A facility plan. Plans and specifications for the facility’s animal waste management system that include the following information:

(a) Vicinity map(s) prepared on one (1) or more seven and one-half minute (7.5’) USGS topographic quadrangle maps or a high quality reproduction(s) that includes the following:

(i) Layout of the facility, including buildings and animal waste management system;

(ii) The one hundred (100) year FEMA flood zones or other appropriate flood data for the facility site and land application sites owned or leased by the applicant;

(iii) The location of occupied dwellings, public and private gathering places, such as schools, churches and parks, and incorporated municipalities which are within a two (2) mile radius of the facility; and

(iv) Private and community domestic water wells, irrigation wells, irrigation conveyance and drainage structures, monitoring wells, wetlands, streams, springs, and reservoirs which are within a one (1) mile radius of the facility.

(b) Facility specifications including:

(i) A site plan showing:

1. Building locations;

2. Waste facilities;

3. All waste conveyance systems; and

4. All irrigation systems used for land application, including details of approved water supply protection devices.

(ii) Building plans showing:

1. All wastewater collection systems in housed units;

2. All freshwater supply systems, including details of approved water supply protection devices;

3. Detailed drawings of wastewater collection and conveyance systems and containment construction; and

4. Detailed construction and installation procedures.

(3) Site characterization. A characterization of the facility and any land application site(s) owned or operated by the applicant, prepared by a registered professional geologist, a registered professional engineer or a qualified ground water hydrologist, that includes the following information:

(a) A description of monitoring methods, frequency and reporting components related to either leak detection systems and/or ground water monitoring wells;

(b) The climatic, hydrogeologic and soil characteristics;

(c) The depth to water and a potentiometric map for the uppermost and regional aquifer;

(d) The vertical and horizontal conductivity, gradient and ground water flow direction and velocity;

(e) Estimates of recharge to the uppermost aquifer;

(f) Information which characterizes the relationship between the ground water and adjacent surface waters; and

(g) A summary of local ground water quality data.

(4) A nutrient management plan. A plan prepared by a certified planner demonstrating compliance with the nutrient management standard for land application.

(5) A plan for meeting standards for heavy metals as those provided in 40 CFR section 503, subchapter O.

(6) A plan for disposal of dead animal carcasses.

(7) An air quality management plan.

(8) A closure plan. A plan describing the procedures for final closure of a facility that ensures no adverse impacts to the environment and waters of the state and that includes:

(a) The estimated length of operation of the facility;

(b) A description of the procedures, methods and schedule to be implemented at the facility for final disposal, handling, management and/or treatment of all animal waste;

(c) A plan for permanent disposal of residual solid waste.

(9) Other information. An applicant shall provide any other information relative to this section and deemed necessary by the director to assess protection of human health and the environment, including information showing that:

(a) The harm to scenic, public health, environmental, private property, historic, cultural or recreational values is not substantial or can be mitigated;

(b) The risk and impact of accident during transportation of animal waste or animal carcasses is not substantial or can be mitigated. Dead animals shall be removed from the facility for rendering, cremation, burial, composting or other disposal in accordance with IDAPA 02.04.03, "Rules of Department of Agriculture Governing Animal Industry," section 050, "Dead Animals, Movement, Disposal";

(c) The impact on local government is not adverse regarding health, safety, cost and consistency with local planning and existing development or can be mitigated;

(d) The facility or operations associated with the facility do not create a public health hazard or nuisance conditions including odors;

(e) The applicant has the financial ability to construct, operate and close the facility.

(10) Within thirty (30) days after receipt of the application, the director shall determine whether it is complete. If it is not complete, the director shall notify the applicant and state the areas of deficiency.

(11) The application shall be accompanied by a fee. The director shall establish by rule the scale for determining the application fee. The fee shall be based on the cost to the site review panel of reviewing the application. The scale shall be based on characteristics including the site size, projected waste volume, and hydrogeological and atmospheric characteristics surrounding the site. Fees received pursuant to this section may be expended by the director to pay the actual, reasonable and necessary costs incurred by the department in acting upon an application.