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ID S1260
Bill
Status
3/22/2016
Primary Sponsor
Agricultural Affairs Committee
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AI Summary
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Grants the Idaho Department of Agriculture authority to regulate beef cattle animal feeding operations and dairy farms to protect state natural resources, including surface and ground water, while establishing an agreement with the Department of Environmental Quality regarding NPDES permit administration.
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Requires all dairy farms to have approved dairy environmental management plans consisting of storage and containment facility criteria and nutrient management plans, with design and construction standards based on USDA or ASABE engineering specifications.
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Authorizes the Department of Agriculture to assess civil penalties up to $10,000 per occurrence for noncompliance or unauthorized releases from dairy farms, with collected penalties remitted to the county where the violation occurred.
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Specifies that dairy farms operating in compliance with their environmental management plans shall not be subject to enforcement action, and exempts farms from penalties for upset conditions or agricultural stormwater discharges.
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Provides that if the federal EPA initiates an enforcement action regarding a dairy farm discharge to waters of the United States, any pending state enforcement actions shall be deemed void, though existing compliance orders remain in full force and effect.
Legislative Description
Repeals, amends and adds to existing law to revise the authorities and duties of the director of the Department of Agriculture regarding beef cattle feeding operations and dairy farms, to provide that certain specified law shall not affect the authority of the Department of Environmental Quality to administer and enforce an NPDES permit program; to revise design and construction provisions; to revise provisions regarding nutrient management plans and inspection provisions; to provide for compliance with dairy environmental management plans; to revise provisions regarding unauthorized discharges and releases; to provide the manner in which the Department of Agriculture shall address noncompliance and to provide for civil penalties.
ANIMALS AND THE ENVIRONMENT
Last Action
Signed by Governor on 03/22/16 Session Law Chapter 129 Effective: 07/01/2016
3/22/2016