reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3708 - FEES.

25-3708. FEES. (1) There is hereby imposed, on domestic cervidae, a fee, as determined by the director, not to exceed ten dollars ($10.00) per head per year and shall be due on January 1 of each year. Such fee shall apply to all domestic cervidae present at the farm or ranch as of December 31.
(2) There is hereby imposed, on all domestic cervidae imported from outside of the state, a fee of ten dollars ($10.00) per head payable by December 31 of the year of import.
(3) There is hereby imposed, on all domestic cervidae exported outside of the state, a fee of ten dollars ($10.00) per head payable by December 31 of the year of export.
(4) There is hereby imposed, on all domestic cervidae whose ownership is transferred from one (1) producer to another within the state, a fee of ten dollars ($10.00) per head paid by the seller payable by December 31 of the year of transfer.
(5) The department shall accept payment of fees by cash and check and shall also facilitate the payment of fees by debit and credit card through electronic and telephonic means, as available.
(6) Fees imposed by the provisions of subsections (2), (3) and (4) of this section shall not apply to domestic cervidae destined to an approved slaughter establishment.
(7) The fee shall be used by the Idaho state department of agriculture, division of animal industries, solely for the prevention, control and eradication of diseases of domestic cervidae, the inspection of domestic cervidae and domestic cervidae farms or ranches, and administration of the domestic cervidae program. All moneys collected under this provision shall be deposited in the livestock disease control and tuberculosis indemnity fund and used for the domestic cervidae program.
History:
[(25-3708) 25-3508, added 1994, ch. 73, sec. 1, p. 153; am. and redesig. 2004, ch. 182, sec. 7, p. 571; am. 2014, ch. 39, sec. 3, p. 91; am. 2020, ch. 319, sec. 1, p. 918.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3709 - SEVERABILITY.

25-3709. SEVERABILITY. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of application of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
[(25-3709) 25-3509, added 1994, ch. 73, sec. 1, p. 153; am. and redesig. 2005, ch. 25, sec. 36, p. 97.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 38 - AGRICULTURE ODOR MANAGEMENT ACT › Section 25-3801 - DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT.

25-3801. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1) The agriculture industry is a vital component of Idaho’s economy and during the normal course of producing the food and fiber required by Idaho and our nation, odors are generated. It is the intent of the legislature to manage these odors when they are generated at a level in excess of those odors normally associated with accepted agricultural practices in Idaho.
(2) Large swine operations are addressing odor management through chapter 1, title 39, Idaho Code, and the department of environmental quality’s rules regulating large swine operations, and the beef cattle industry will address odor management as needed through implementation of the beef cattle environmental control act as provided for in chapter 49, title 22, Idaho Code, and rules promulgated thereunder.
(3) The Idaho department of agriculture is hereby authorized as the lead agency to administer and implement the provisions of this chapter. In carrying out the provisions of this chapter, the department will make reasonable efforts to ensure that any requirements imposed upon agricultural operations are cost-effective and economically, environmentally and technologically feasible.
History:
[25-3801, added 2001, ch. 383, sec. 1, p. 1341; am. 2002, ch. 261, sec. 1, p. 781; am. 2011, ch. 227, sec. 2, p. 621.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 38 - AGRICULTURE ODOR MANAGEMENT ACT › Section 25-3802 - AUTHORITY AND DUTIES OF THE DIRECTOR CONCERNING ODORS FROM AGRICULTURAL OPERATIONS.

25-3802. AUTHORITY AND DUTIES OF THE DIRECTOR CONCERNING ODORS FROM AGRICULTURAL OPERATIONS. The director of the department of agriculture is authorized to regulate odors from agricultural operations. In order to carry out its duties pursuant to the provisions of this chapter, the director of the department shall be authorized to promulgate necessary administrative rules in compliance with chapter 52, title 67, Idaho Code.
History:
[25-3802, added 2001, ch. 383, sec. 1, p. 1341.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 38 - AGRICULTURE ODOR MANAGEMENT ACT › Section 25-3804 - DESIGN AND CONSTRUCTION.

25-3804. DESIGN AND CONSTRUCTION. All new or modified liquid waste systems shall be designed by licensed professional engineers, approved by the director of the department of agriculture for compliance with the provisions of this chapter, and constructed in accordance with standards and specifications either approved by the director for management of odors or in accordance with any existing relevant memorandums of understanding with the department of environmental quality. Provided however, that all persons shall submit plans and specifications for new or modified liquid waste systems to the director for approval and shall not begin construction of a liquid waste system prior to approval of plans and specifications by the director. If construction is commenced prior to receiving necessary approval, the director may order construction activities to be ceased. No material deviation shall be made from the approved plans and specifications without the prior written approval of the director. Within thirty (30) days of completion of construction, alteration or modification of any new or modified liquid waste system, complete and accurate plans and specifications depicting the actual construction, alteration or modification performed must be submitted by the operator to the director. If construction does not materially deviate from the plans approved by the director, a statement to that effect shall be filed by the agricultural operation with the director.
History:
[25-3804, added 2001, ch. 383, sec. 1, p. 1342; am. 2002, ch. 261, sec. 3, p. 782.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 40 - POULTRY ENVIRONMENTAL ACT › Section 25-4012 - AUTHORITY TO PROMULGATE RULES.

25-4012. AUTHORITY TO PROMULGATE RULES. (1) The legislature finds that poultry AFOs require adequate control through state regulatory mechanisms in order to prevent such operations from posing a threat to the state’s water resources. The Idaho state department of agriculture is in the best position to administer and implement rules to provide an adequate regulatory framework for poultry feeding operations.
(2) The director is authorized to modify the department’s administrative rules and to make new rules for permitting and regulating poultry AFOs. Such regulations may include, but are not limited to, the information required on a permit application and the conditions for the issuance and maintenance of a permit, as the director deems necessary.
(3) Nothing in this chapter prohibits the board of county commissioners of any county from adopting regulations that are more stringent than those adopted by the state.
(4) Nothing in this chapter shall affect the authority of the department of environmental quality to administer and enforce an Idaho national pollutant discharge elimination system (NPDES) program for poultry operations, including without limitation the authority to issue permits, access records, conduct inspections and take enforcement action, as set forth in chapter 1, title 39, Idaho Code, and the rules adopted pursuant thereto. The provisions of this chapter do not alter the requirements, liabilities and authorities with respect to or established by an Idaho NPDES program.
(5) The director of the department of environmental quality and the director of the Idaho state department of agriculture shall, as appropriate, establish an agreement relating to the administration of an Idaho NPDES program that recognizes the expertise of the Idaho state department of agriculture. The director shall have the authority to exercise any other authorities delegated by the director of the department of environmental quality regarding the protection of ground water, surface water and other natural resources associated with poultry operations, and this shall be the authority for the director of the department of environmental quality to so delegate.
(6) The director of the department of environmental quality shall consult with the director of the Idaho state department of agriculture before certifying discharges from poultry operations as provided under 33 U.S.C. 1341.
History:
[25-4012, added 2011, ch. 227, sec. 1, p. 619; am. 2018, ch. 22, sec. 2, p. 35.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 40 - POULTRY ENVIRONMENTAL ACT › Section 25-4013 - VIOLATIONS.

25-4013. VIOLATIONS. (1) The failure by a permittee to comply with the provisions of this chapter, rules promulgated hereunder, or with any permit condition shall be deemed a violation.
(2) Any person who knowingly makes a false statement, representation, or certification in any application report, document, or record developed, maintained, or submitted pursuant to these rules or the conditions of a permit shall be deemed to have violated the provisions of this chapter.
(3) Any unauthorized discharge from a poultry AFO shall be deemed a violation.
(4) Any person violating any provision of this chapter, the rules promulgated hereunder or any permit or order issued hereunder shall be liable for a civil penalty as set forth in section 25-4014, Idaho Code.
(5) The director may revoke a permit for:
(a) A material violation of any condition of a permit; or
(b) If the permit was obtained by misrepresentation or failure to disclose all relevant facts.
(6) Prior to revoking a permit, the director shall issue a notice of intent to revoke, which shall become final unless the permittee timely requests, in writing, an administrative hearing. Such hearing shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code.
History:
[25-4013, added 2011, ch. 227, sec. 1, p. 620.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 40 - POULTRY ENVIRONMENTAL ACT › Section 25-4014 - PENALTY FOR VIOLATIONS.

25-4014. PENALTY FOR VIOLATIONS. Whoever shall violate any of the provisions of this chapter or the rules promulgated hereunder:
(1) May be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense.
(2) Assessment of a civil penalty may be made in conjunction with any other department administrative action.
(3) No civil penalty may be assessed unless the person, corporation, cooperative or company charged is given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act.
(4) 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.
(5) Any person against whom the department has assessed a civil penalty under the provisions of this section may, within twenty-eight (28) days of the final action by the agency 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.
(6) Moneys collected for violations pursuant to the provisions of this section shall be deposited in the state treasury and credited to the state school district building account.
(7) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.
History:
[25-4014, added 2011, ch. 227, sec. 1, p. 620; am. 2015, ch. 244, sec. 7, p. 1011.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 40 - POULTRY ENVIRONMENTAL ACT › Section 25-4015 - DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT.

25-4015. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1) The legislature recognizes the importance of protecting state natural resources including surface water and ground water. It is the intent of the legislature to protect the quality of these natural resources while maintaining an ecologically sound, economically viable and socially responsible poultry industry in the state. The poultry industry produces manure and process wastewater that, when properly used, supplies valuable nutrients and organic matter to soils and is protective of the environment, but may, when improperly stored and managed, create adverse impacts on natural resources, including waters of the state. This chapter is intended to ensure that manure and process wastewater associated with poultry operations are handled in a manner that protects the natural resources of the state.
(2) Successful implementation of this chapter is dependent upon the department receiving adequate funding from the legislature. Moreover, the legislature recognizes that it is important for the state to obtain a delegated national pollutant discharge elimination system (NPDES) program from the United States environmental protection agency under the clean water act. The department’s authority to enforce this chapter should be consistent and coordinated with the department of environmental quality’s authorities pursuant to title 39, Idaho Code, to protect state ground and surface waters and to obtain approval from the United States environmental protection agency to implement and administer an Idaho NPDES program governing the discharge of pollutants to the waters of the United States as defined in the federal clean water act.
History:
[25-4015, added 2018, ch. 22, sec. 3, p. 36.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 1 - TITLE AND SCOPE OF ACT › Section 26-101 - TITLE.

26-101. TITLE. This act, comprising chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 26, 32, 33, 34, 35 and 36, title 26, Idaho Code, as such chapters may be hereafter amended, shall be known as the "Idaho Bank Act" and shall be applicable to all corporations, copartnerships, cooperative associations and persons engaged in the business of banking in the state of Idaho.
History:
[26-101, added 1979, ch. 41, sec. 2, p. 63; am. 1995, ch. 99, sec. 1, p. 300; am. 1997, ch. 310, sec. 2, p. 917; am. 2000, ch. 288, sec. 1, p. 972.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 1 - TITLE AND SCOPE OF ACT › Section 26-102 - PURPOSE OF THE ACT.

26-102. PURPOSE OF THE ACT. The purposes of this act are to provide for:
(1) Safe and prudent conduct of the banking business for the benefit of depositors and shareholders.
(2) Maintenance of public confidence in banks.
(3) An opportunity for banks to remain competitive with each other, with financial institutions existing under other laws of this state and to encourage the continuation, maintenance and preservation of the dual banking system.
History:
[26-102, added 1979, ch. 41, sec. 2, p. 63.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 1 - TITLE AND SCOPE OF ACT › Section 26-103 - CONSTRUCTION AGAINST IMPLICIT REPEAL.

26-103. CONSTRUCTION AGAINST IMPLICIT REPEAL. This act being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
History:
[26-103, added 1979, ch. 41, sec. 2, p. 63.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 1 - TITLE AND SCOPE OF ACT › Section 26-104 - SEVERABILITY.

26-104. SEVERABILITY. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
[26-104, added 1979, ch. 41, sec. 2, p. 63; am. 2015, ch. 244, sec. 8, p. 1011.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 1 - TITLE AND SCOPE OF ACT › Section 26-105 - EFFECT OF ACT ON EXISTING BANKS.

26-105. EFFECT OF ACT ON EXISTING BANKS. The powers, privileges, duties and restrictions heretofore conferred and imposed upon any bank now existing and doing business under the laws of this state, are hereby abridged, enlarged or modified as each particular case may require to conform with the provisions of this chapter.
History:
[26-105, added 1979, ch. 41, sec. 2, p. 63.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 1 - TITLE AND SCOPE OF ACT › Section 26-107 - SECTIONS APPLICABLE TO NATIONAL BANKS.

26-107. SECTIONS APPLICABLE TO NATIONAL BANKS. The provisions of sections 26-215, 26-301 through and including, 26-309, 26-311, 26-712, 26-713, 26-714, 26-1203, 26-1206, 26-1207, 26-1208, and 26-1209, 26-1601 through 26-1605, 26-2601 through 26-2612, Idaho Code, shall also apply to national banks.
History:
[26-107, added 1979, ch. 41, sec. 2, p. 67; am. 1995, ch. 99, sec. 2, p. 300; am. 1997, ch. 225, sec. 1, p. 661; am. 2004, ch. 159, sec. 17, p. 525.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 2 - ORGANIZATION AND CORPORATION POWERS OF BANKS › Section 26-201 - GENERAL CORPORATION LAWS APPLICABLE.

26-201. GENERAL CORPORATION LAWS APPLICABLE. Except as otherwise provided herein, the general business corporation laws of this state shall apply to all corporations organized and operating under the bank act. In the event of any conflict between the provisions of the bank act and the provisions of the general business corporation laws, the laws governing limited liability companies, partnerships and other business associations and entities, or the laws governing entity mergers, acquisitions, conversions, domestications, interest exchanges and divisions, the bank act shall control.
History:
[26-201, added 1979, ch. 41, sec. 2, p. 68; am. 2008, ch. 140, sec. 3, p. 404.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 2 - ORGANIZATION AND CORPORATION POWERS OF BANKS › Section 26-203 - ARTICLES OF INCORPORATION — FORM.

26-203. ARTICLES OF INCORPORATION — FORM. Proposed articles of incorporation of a banking corporation shall be in a form acceptable to the director, and must be submitted to the director for approval as to form and content before the same are filed for record in the offices of the secretary of state; provided that no bank shall be required to have the word "corporation" in its corporate name. The articles may include a provision which eliminates or limits the personal liability of the directors of the bank in accordance with section 30-1-202, Idaho Code, provided that such provision shall not eliminate or limit the liability of a director under section 26-213(5), Idaho Code.
History:
[26-203, added 1979, ch. 41, sec. 2, p. 69; am. 1990, ch. 242, sec. 1, p. 694; am. 1998, ch. 337, sec. 1, p. 1083; am. 2008, ch. 140, sec. 4, p. 404.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 2 - ORGANIZATION AND CORPORATION POWERS OF BANKS › Section 26-204 - ARTICLES OF INCORPORATION — AMENDMENT.

26-204. ARTICLES OF INCORPORATION — AMENDMENT. Any proposed amendment to the articles of incorporation of a bank shall, before the same is adopted, be submitted to the director for his approval as to form and content. In addition to the articles of amendment to be filed with the secretary of state under the provisions of the general business corporation act, like articles and a copy of the articles of incorporation as amended must be filed in the office of the director and no amendment shall be operative nor effective until such articles be filed in the office of the director and shall have been approved in writing by the director. The articles of incorporation may be amended to include a provision which eliminates or limits the personal liability of the directors of the bank in accordance with section 30-1-202, Idaho Code, provided that such provision shall not eliminate or limit the liability of a director under section 26-213(5), Idaho Code.
History:
[26-204, added 1979, ch. 41, sec. 2, p. 69; am. 1990, ch. 242, sec. 2, p. 694; am. 1998, ch. 337, sec. 2, p. 1083.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 2 - ORGANIZATION AND CORPORATION POWERS OF BANKS › Section 26-206 - PREFERRED STOCK.

26-206. PREFERRED STOCK. (1) Subject to the provisions of the bank act, and by and with the approval and consent of the director, any bank now or hereafter incorporated under the laws of this state may issue such part of its capital as is approved by the director as preferred stock having such special rights, preferences, privileges, immunities, qualifications and restrictions as to voting, dividends, redemption, retirement, participation in corporate assets, not common to other stock, as provided in its articles of incorporation as hereafter adopted or amended, and as are not inconsistent with the provisions of the bank act and the provisions of its articles of incorporation or amendments thereto.
(2) Dividends on preferred stock may be declared and paid only from net profits as defined by section 26-106, Idaho Code, but such net profits may be current profits or those accumulated as surplus. No dividend shall be declared nor paid, any retirement or redemption of such stock be made, nor any other distribution or payment of corporate assets made thereon or therefor at any time when the total common stock and surplus is below or will be thereby reduced below the minimum common stock required by law plus a surplus fund equal to ten percent (10%) of such minimum common stock or the amount of common stock required by the director at the time the bank’s charter was issued plus a surplus fund equal to ten percent (10%) of such required common stock.
(3) Preferred stock under the provisions of this act must be subscribed and paid for at not less than par value.
(4) Except as otherwise provided in the bank’s articles of incorporation or by the bank act, preferred stock authorized by this act is capital and shall be considered as such in computing the capital structure of the bank within the meaning of all provisions of the bank act.
History:
[26-206, added 1979, ch. 41, sec. 2, p. 71; am. 2020, ch. 82, sec. 15, p. 190.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 2 - ORGANIZATION AND CORPORATION POWERS OF BANKS › Section 26-207 - BYLAWS.

26-207. BYLAWS. Every banking corporation formed under the bank act must, within thirty (30) days after the issuance of its certificate of incorporation, adopt a code of bylaws as provided in the Idaho Business Corporations Act. A copy of all bylaws and of any subsequent amendments thereto and a copy of the bylaws as amended must be mailed by certified mail return receipt requested to the department within twenty (20) days after the adoption thereof, and no such bylaw or amendment shall be effective until so mailed.
History:
[26-207, added 1979, ch. 41, sec. 2, p. 71.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 2 - ORGANIZATION AND CORPORATION POWERS OF BANKS › Section 26-208 - PLACE OF MEETINGS.

26-208. PLACE OF MEETINGS. Regular or special meetings of the board of directors or the executive committee may be held for the transaction of any business of the bank at any place within or outside of the state of Idaho. Unless restricted by the articles of incorporation or bylaws of the bank, any or all directors may participate in any meeting of the board of directors through the use of any means of communication by which all directors participating may simultaneously communicate with each other during the meeting. A director participating in a meeting by this means is deemed to be present as though in person at the meeting.
History:
[26-208, added 1979, ch. 41, sec. 2, p. 72; am. 2021, ch. 58, sec. 1, p. 186.]
2023 Idaho Code › Title 26 - BANKS AND BANKING › Chapter 2 - ORGANIZATION AND CORPORATION POWERS OF BANKS › Section 26-209 - TIME OF ANNUAL MEETING.

26-209. TIME OF ANNUAL MEETING. An annual meeting of stockholders of a bank shall be held each year at the time and in the manner indicated in the bylaws.
History:
[26-209, added 1979, ch. 41, sec. 2, p. 72; am. 2015, ch. 204, sec. 4, p. 623.]