Title 39 — HEALTH AND SAFETY

39-7901. Short title. This act shall be known as the "Local Option Swine Facilities Siting Act."

39-7902. Legislative findings and purposes. (1) The legislature finds that: (a) The swine industry is experiencing rapid changes such as increased sophistication of production technology, increased demand for capital to maintain or expand operations, consolidation of production a…

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 twe…

39-7904. Site approval required — Site approval is supplemental — Local option — Local action required for department action. (1) No person may construct or expand a large swine facility regulated by this chapter without first obtaining site approval from the director as provided…

39-7905. Application — Facilities regulated. (1) The following swine facilities must obtain site approval under this chapter: (a) New swine facilities having a one-time animal unit capacity of twenty thousand (20,000) or more animal units; and (b) Existing swine facilities that e…

39-7906. Director may make rules and contract with other agencies. (1) The director may adopt administrative rules he deems necessary or helpful to carry out the purposes of this chapter. (2) The director may enter into contracts, agreements, memorandums and other arrangements wi…

39-7907. Location guidelines. This section provides location guidelines for swine facilities regulated by this chapter. Where the location guidelines provide a specific setback distance, that distance is the minimum setback distance that may be imposed. Further setback distances …

39-7908. Site review panels established. (1) A site review panel shall be established to ensure public input in the siting process and to recommend to the director site approval, approval with conditions or rejection. (2) A panel shall consist of eight (8) members to be appointed…

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 ad…

39-7910. Duties of the director relative to applications. (1) Upon determination that a siting application is complete, the director shall: (a) Notify the permanent panel members, the city and/or county in which the swine facility site is located, the director of the department o…

39-7911. Financial assurance for closure and remediation. (1) All swine facilities regulated by section 39-104A, Idaho Code, and this chapter shall provide financial assurances demonstrating financial capability to meet requirements for closure of the facilities and remediation. …

39-7912. Director may request additional information. The applicant shall provide the director with additional information the director deems necessary to process an application, within thirty (30) days of the director’s request. The time period within which the director must act…

39-7913. Violations and enforcement. (1) The following acts are unlawful: (a) Failure to comply with this chapter and any rules of the department regulating swine facilities, and conditions of site approval granted pursuant to this chapter; (b) Knowingly making a false statement,…

39-7914. Confidentiality of records. Information obtained by a public agency pursuant to this chapter or its associated rules is subject to public disclosure pursuant to the provisions of chapter 1, title 74, Idaho Code. Information submitted under a trade secret claim may be ent…

39-7915. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application,…

39-7916. Conflicts clause. If a conflict arises between this chapter and rules of the department regulating swine facilities, the most restrictive provision shall apply.