reglab/housing_qa huggingface dataset:
ID Code § 25-3805 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 38 - AGRICULTURE ODOR MANAGEMENT ACT|Section 25-3805 - FIRST TIME VIOLATORS — ODOR MANAGEMENT PLAN — EXCEPTIONS.

25-3805. FIRST TIME VIOLATORS — ODOR MANAGEMENT PLAN — EXCEPTIONS. (1) If it is determined by the department that an agricultural operation, not to include those operations set forth within section 25-3801(2), Idaho Code, is generating odors in excess of levels associated with accepted agricultural practices, the agricultural operation shall be deemed to have committed a first time violation of the provisions of this chapter, provided that the agricultural operation has never been determined by the department to have committed a prior violation of the provisions of this chapter. The department shall provide the owner or operator of the agricultural operation with written notice of the violation and an opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. (2) The department shall require any agricultural operation determined to have committed a first time violation of the provisions of this chapter to cooperate with the department and to develop and submit an odor management plan to the director for approval. (3) All odor management plans shall be in writing and signed by the director of the department of agriculture and the owner or operator of the agricultural operation. Odor management plans shall designate a period of time in which the agricultural operation will be in full compliance with the plan and shall provide for periodic review by the department, no less than annually, for a period of three (3) years from the date of the plan. Failure to comply with the odor management plan shall constitute a subsequent violation of the provisions of this chapter. (4) All approved odor management plans shall be implemented as approved by the director. (5) If, after a reasonable period of time as determined by the department, an approved odor management plan does not reduce odor to a level associated with accepted agricultural practices, the department shall review the plan with the owner or operator of the agricultural operation and adjust the plan to meet the goals of this chapter. (6) Odor management plans shall be designed to work in conjunction with any required nutrient management plans. (7) An odor emission caused by an act of God or a mechanical failure shall not constitute a violation of this chapter provided that the agricultural operation from which the odor emission is emanating takes reasonable steps to promptly repair the cause of the emission.  History: [25-3805, added 2001, ch. 383, sec. 1, p. 1342.]
ID Code § 25-3806 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 38 - AGRICULTURE ODOR MANAGEMENT ACT|Section 25-3806 - INSPECTIONS — RECORDS CONFIDENTIAL.

25-3806. INSPECTIONS — RECORDS CONFIDENTIAL. The director or his designee is authorized to enter and inspect any agricultural operation and have access to or copy any facility records deemed necessary to ensure compliance with the provisions of this chapter or required odor management plans. Prior to conducting an investigation, the department shall notify the board of county commissioners for the county in which the agricultural operation is located and the board of county commissioners may have a designee accompany the director or his designee during the inspection. All records copied or obtained by the director or his designee as a result of an inspection pursuant to this section shall be confidential private records and shall be exempt from disclosure under chapter 1, title 74, Idaho Code, except: (1) Records otherwise deemed to be public records not exempt from disclosure pursuant to chapter 1, title 74, Idaho Code; and (2) Inspection reports, determinations of compliance or noncompliance and all other records created by the director or his designee pursuant to this section.  History: [25-3806, added 2001, ch. 383, sec. 1, p. 1343; am. 2015, ch. 141, sec. 40, p. 413.]
ID Code § 25-3807 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 38 - AGRICULTURE ODOR MANAGEMENT ACT|Section 25-3807 - COMPLAINTS.

25-3807. COMPLAINTS. The department shall respond to all odor complaints lodged against agriculture operations. A complaint must include the name, address and telephone number of the complainant. The response of the department may be limited to informing the complainant that an odor plan is being implemented. Complaints pursuant to this section are a public record open to public inspection and copying pursuant to chapter 1, title 74, Idaho Code.  History: [25-3807, added 2001, ch. 383, sec. 1, p. 1343; am. 2015, ch. 141, sec. 41, p. 413.]
ID Code § 25-3808 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 38 - AGRICULTURE ODOR MANAGEMENT ACT|Section 25-3808 - SUBSEQUENT VIOLATIONS — PENALTIES.

25-3808. SUBSEQUENT VIOLATIONS — PENALTIES. (1) An agricultural operation, after having been determined to have committed a first time violation of the provisions of this chapter, shall be deemed to have committed a subsequent violation if the operation: (a) Is determined by the department to have committed a subsequent violation within a three (3) year period of time; or (b) Failed to comply with an odor management plan developed pursuant to section 25-3805, Idaho Code. (2) An agricultural operation, after having been determined to have committed a first time violation of the provisions of this chapter, may be deemed to have committed a subsequent violation if the director determines that the operation has failed to cooperate by failing to submit an acceptable odor management plan. (3) Those agricultural operations determined to have committed a subsequent violation of this chapter shall be assessed a civil penalty by the department or its duly authorized agent not to exceed ten thousand dollars ($10,000) for each offense and be liable for reasonable attorney’s fees and costs. (4) Assessment of a civil penalty as provided herein may be made in conjunction with any other department administrative action and shall be based on the severity of the offense and the degree of cooperation with the department. (5) No civil penalty may be imposed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. (6) If the department is unable to collect the civil penalty or if any person fails to pay all or a set portion of a civil penalty as determined by the department, the department may recover such amount by action in the appropriate district court. (7) Any person against whom the department has assessed a civil penalty under this section may, within thirty (30) days of the final action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. (8) Moneys collected for violations shall be deposited in the state treasury and credited to the general fund. (9) The imposition or computation of monetary penalties shall take into account the seriousness of the violation, and such other matters as justice requires. The director shall prepare a written report setting forth the basis upon which any monetary penalty is imposed and/or computed and shall retain the report on file with the department.  History: [25-3808, added 2001, ch. 383, sec. 1, p. 1343; am. 2002, ch. 261, sec. 4, p. 783.]
ID Code § 25-3809 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 38 - AGRICULTURE ODOR MANAGEMENT ACT|Section 25-3809 - AGRICULTURE ODOR MANAGEMENT FUND.

25-3809. AGRICULTURE ODOR MANAGEMENT FUND. There is hereby created in the state treasury a fund to be known as the agriculture odor management fund, which shall consist of all moneys which may be appropriated to it by the legislature or made available to it from federal, private or other sources. The department may expend such amounts as are appropriated by the legislature from the fund for research, grants, projects, programs or other expenditures.  History: [25-3809, added 2002, ch. 261, sec. 5, p. 784.]
ID Code § 25-3901 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 39 - IMPORTATION OR POSSESSION OF DELETERIOUS EXOTIC ANIMALS|Section 25-3901 - DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT.

25-3901. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. The Idaho legislature finds and declares that the agriculture industry, wildlife of the state, and the environment are all important components of Idaho’s economy, and that it is in the public interest to strictly regulate the importation or possession of deleterious exotic animals up to and including prohibition of the importation or possession of such animals.  History: [25-3901, added 2003, ch. 105, sec. 1, p. 332.]
ID Code § 25-3902 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 39 - IMPORTATION OR POSSESSION OF DELETERIOUS EXOTIC ANIMALS|Section 25-3902 - AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DIVISION OF ANIMAL INDUSTRIES.

25-3902. AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DIVISION OF ANIMAL INDUSTRIES. The department of agriculture and the administrator of the division of animal industries are authorized and empowered to regulate or prohibit the importation or possession of any deleterious exotic animals.  History: [25-3902, added 2003, ch. 105, sec. 1, p. 332.]
ID Code § 25-3903 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 39 - IMPORTATION OR POSSESSION OF DELETERIOUS EXOTIC ANIMALS|Section 25-3903 - RULES FOR IMPORTATION OR POSSESSION OF DELETERIOUS EXOTIC ANIMALS.

25-3903. RULES FOR IMPORTATION OR POSSESSION OF DELETERIOUS EXOTIC ANIMALS. The administrator of the division of animal industries is hereby authorized and empowered to make, promulgate and enforce necessary administrative rules in compliance with chapter 52, title 67, Idaho Code, for the regulation or prohibition of the importation or possession of deleterious exotic animals.  History: [25-3903, added 2003, ch. 105, sec. 1, p. 332.]
ID Code § 25-3904 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 39 - IMPORTATION OR POSSESSION OF DELETERIOUS EXOTIC ANIMALS|Section 25-3904 - DESIGNATION OF DELETERIOUS EXOTIC ANIMALS.

25-3904. DESIGNATION OF DELETERIOUS EXOTIC ANIMALS. The administrator of the division of animal industries shall, in cooperation with the director of the department of fish and game, designate by rule or order any animal, not native to Idaho, which is determined to be dangerous to the environment, livestock, agriculture, or wildlife of the state as a deleterious exotic animal.  History: [25-3904, added 2003, ch. 105, sec. 1, p. 332.]
ID Code § 25-3905 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 39 - IMPORTATION OR POSSESSION OF DELETERIOUS EXOTIC ANIMALS|Section 25-3905 - VIOLATIONS — CIVIL — CRIMINAL — PENALTIES FOR VIOLATIONS.

25-3905. VIOLATIONS — CIVIL — CRIMINAL — PENALTIES FOR VIOLATIONS. (1) Failure to comply with the provisions of this chapter, or the rules promulgated hereunder, shall constitute a violation. Civil penalties may be assessed against a violator as follows: (a) A civil penalty as assessed by the department of agriculture or its duly authorized agent not to exceed five thousand dollars ($5,000) for each offense; (b) Assessment of a civil penalty may be made in conjunction with any other department administrative action. (2) No civil penalty may be assessed against a person unless the person was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. (3) If the department is unable to collect an assessed civil penalty, or if a person fails to pay all or a set portion of an assessed civil penalty as determined by the department, the department may file an action to recover the civil penalty in the district court of the county in which the violation is alleged to have occurred. In addition to the assessed penalty, the department shall be entitled to recover reasonable attorney’s fees and costs incurred in such action or on appeal from such action. (4) A person against whom the department has assessed a civil penalty under this section may, within thirty (30) days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged to have occurred. (5) Moneys collected pursuant to this section shall be deposited in the state treasury and credited to the livestock disease control and T.B. indemnity fund. (6) The imposition or computation of monetary penalties shall take into account the seriousness of the violation, good faith efforts to comply with the law, the economic impact of the penalty on the violator and such other matters as justice requires. (7) Nothing in this chapter shall be construed as requiring the director of the department of agriculture to report minor violations when the director believes that the public interest will be best served by suitable warnings or other administrative action. (8) Any person, firm or corporation violating any of the provisions of this chapter, or rules promulgated hereunder by the division of animal industries shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense.  History: [25-3905, added 2003, ch. 105, sec. 1, p. 332.]
ID Code § 25-4001 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 40 - POULTRY ENVIRONMENTAL ACT|Section 25-4001 - SHORT TITLE.

25-4001. SHORT TITLE. This chapter shall be known as the "Poultry Environmental Act."  History: [25-4001, added 2011, ch. 227, sec. 1, p. 615.]
ID Code § 25-4003 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 40 - POULTRY ENVIRONMENTAL ACT|Section 25-4003 - PERMIT REQUIRED.

25-4003. PERMIT REQUIRED. (1) No person shall construct, operate or expand a poultry CAFO of any size without first obtaining a permit issued by the director. (2) Two (2) or more poultry CAFOs under common control of the same person may be considered, for purposes of permitting, to be a single facility, even though separately their capacity is less than a large or medium poultry CAFO, if they use a common animal waste management system or land application site. (3) The provisions of this section shall be applicable only to those poultry CAFOs constructed or modified after the effective date of this chapter.  History: [25-4003, added 2011, ch. 227, sec. 1, p. 617.]
ID Code § 25-4004 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 40 - POULTRY ENVIRONMENTAL ACT|Section 25-4004 - PERMIT APPLICATION.

25-4004. PERMIT APPLICATION. (1) Every person who is required to obtain a permit under this chapter shall submit a permit application to the department prior to facility operation or expansion. A permit application will be used to determine if the construction and operation plans of a large or medium poultry CAFO will be in conformance with the provisions of this chapter. (2) Each application shall include information in sufficient detail to allow the director to make necessary application review decisions concerning design and environmental protection. In accordance with the provisions of section 25-4012, Idaho Code, the director is authorized to promulgate rules to designate the contents of a permit application.  History: [25-4004, added 2011, ch. 227, sec. 1, p. 617.]
ID Code § 25-4005 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 40 - POULTRY ENVIRONMENTAL ACT|Section 25-4005 - EXISTING FACILITIES.

25-4005. EXISTING FACILITIES. (1) Existing large and medium poultry CAFO owners shall register with the department no later than January 1, 2012, upon forms created by the department. None of the provisions in this section shall be construed to deny an existing operation the opportunity to apply for and receive a permit under this chapter. (2) Existing large and medium poultry CAFOs shall submit a nutrient management plan to the director for approval within one (1) year of the effective date of this chapter. An application fee shall not be required unless the CAFO is expanding. (3) The owner of an existing poultry operation shall not increase the one-time animal capacity of the operation by ten percent (10%) or more without first obtaining a permit for the expansion as required by the provisions of this chapter. The ten percent (10%) increase is measured cumulatively from the original effective date of this chapter or the date the owner first obtained a permit.  History: [25-4005, added 2011, ch. 227, sec. 1, p. 617.]
ID Code § 25-4006 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 40 - POULTRY ENVIRONMENTAL ACT|Section 25-4006 - DESIGN AND CONSTRUCTION.

25-4006. DESIGN AND CONSTRUCTION. Each new or modified large and medium CAFO shall design and construct all new and modified wastewater storage and containment facilities in accordance with the engineering standards and specifications provided by the natural resource conservation service or the American society of agricultural and biological engineers (ASABE) or other equally protective standard approved by the director. The department’s review and approval of plans under this section shall supersede the Idaho department of environmental quality’s implementation of plan and specification review and approval provided pursuant to section 39-118, Idaho Code. Such design and construction shall be considered a best management practice.  History: [25-4006, added 2011, ch. 227, sec. 1, p. 618.]
ID Code § 25-4007 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 40 - POULTRY ENVIRONMENTAL ACT|Section 25-4007 - NUTRIENT MANAGEMENT PLANS.

25-4007. NUTRIENT MANAGEMENT PLANS. (1) All permitted CAFOs shall have and implement a nutrient management plan that has been reviewed and approved by the department. (2) Nutrient management plans shall be amended if modifications to the CAFO, as outlined in the nutrient management standard or other conditions, warrant the amendment. (3) Annual soil tests shall be conducted on all land application sites owned or leased by the permittee every year to determine compliance with the nutrient management plan and nutrient management standard. The director may require more frequent soil tests if deemed necessary.  History: [25-4007, added 2011, ch. 227, sec. 1, p. 618.]
ID Code § 25-4008 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 40 - POULTRY ENVIRONMENTAL ACT|Section 25-4008 - INSPECTIONS.

25-4008. INSPECTIONS. The director or his designee in the division of animal industries is authorized to enter and inspect any AFO and have access to or copy any facility records deemed necessary to ensure compliance with the provisions of this chapter. The director shall comply with the biosecurity protocol of the AFO so long as the protocol does not inhibit reasonable access to: (1) Enter and inspect, at reasonable times, the premises or land application site or sites of an AFO; (2) Review and copy, at reasonable times, any records that must be kept under conditions of this chapter; (3) Sample or monitor, at reasonable times, substances or parameters directly related to compliance with this chapter.  History: [25-4008, added 2011, ch. 227, sec. 1, p. 618.]
ID Code § 25-4009 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 40 - POULTRY ENVIRONMENTAL ACT|Section 25-4009 - COMPLIANCE SCHEDULES AND MONITORING.

25-4009. COMPLIANCE SCHEDULES AND MONITORING. (1) Compliance schedule. The director may establish a compliance schedule for facilities as part of the permit conditions including: (a) Specific steps or actions to be taken by the permittee to achieve compliance with applicable requirements or permit conditions; and (b) Dates by which those steps or actions are to be taken. (2) Monitoring requirements. Any facility may be subject to monitoring requirements including, but not limited to, the following: (a) The type, installation, use and maintenance of monitoring equipment; (b) Monitoring or sampling methodology, frequency and locations; (c) Monitored substances or parameters; (d) Testing and analytical procedures; and (e) Reporting requirements including both frequency and form.  History: [25-4009, added 2011, ch. 227, sec. 1, p. 618.]
ID Code § 25-4010 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 40 - POULTRY ENVIRONMENTAL ACT|Section 25-4010 - FEES AND ASSESSMENTS TO BE COLLECTED.

25-4010. FEES AND ASSESSMENTS TO BE COLLECTED. (1) The department may levy a fee or assessment against the permit holder for the purpose of carrying out the provisions of this chapter and rules promulgated hereunder. (2) Fees or assessments collected shall be used for costs related to the implementation of the provisions of this chapter. (3) Fees or assessments shall be levied on a uniform basis in an amount reasonably necessary to cover the cost of the inspection program and the administration of the department of agriculture poultry program. The department shall adjust the fees to be collected under this section as necessary to meet the expenses of the inspections. (4) The annual fees or assessments shall be based on the square footage of the confinement area. Such fees or assessments may not exceed three cents (3¢) per square foot. (5) All fees and assessments collected or received by the department under this chapter shall be deposited in the "poultry inspection fund," which fund is hereby created in the state treasury. All moneys coming into the poultry inspection fund are hereby appropriated to the department of agriculture to be used in the inspections required under this chapter. (6) The fees and assessments accrued in any given year are due and payable no later than January 20 of the following year. (7) Fees and assessments for new or expanded operations shall be prorated for each month of operation.  History: [25-4010, added 2011, ch. 227, sec. 1, p. 618.]
ID Code § 25-4011 (2021)
2021 Idaho Code|Title 25 - ANIMALS|Chapter 40 - POULTRY ENVIRONMENTAL ACT|Section 25-4011 - DESIGNATION.

25-4011. DESIGNATION. (1) The director may, on a case by case basis, designate a poultry AFO as a medium poultry CAFO if it is determined that the AFO is a significant contributor of pollutants to waters of the state. The designated medium poultry CAFO will be required to follow all permit requirements for a medium poultry CAFO. (2) The designation shall be provided to the operator of the poultry AFO in writing, setting forth the basis for the director’s decision. (3) The director shall consider the following factors when deciding whether to designate a poultry AFO: (a) Size of the poultry AFO and the amount of manure, process wastewater and runoff reaching waters of the state; (b) Location of the poultry AFO relative to waters of the state; (c) Means of conveyance of manure, process wastewater and runoff into waters of the state; (d) Slope, vegetation, precipitation and other factors affecting the likelihood or frequency of discharge of manure, process wastewater or runoff into waters of the state; and (e) Repeated instances of noncompliance. (4) Upon request by the operator, the director shall redesignate a facility previously designated under subsection (1) of this section if the facility is no longer a significant contributor of pollution to waters of the state. Such redesignation shall be provided to the operator in writing and any fees or assessments paid by the operation due to the designation will not be refundable to the operation.  History: [25-4011, added 2011, ch. 227, sec. 1, p. 619; am. 2018, ch. 22, sec. 1, p. 35.]