reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.29 - RULES GOVERNING TRICHOMONIASIS › Section 02.04.29.331 - OFFICIAL TRICHOMONIASIS TESTS

Current through August 31, 2023
01.
Culture
			 Tests
. An official test is one in which the sample is received in the
			 official laboratory, in good condition, and tested according to the official
			 Idaho "Protocol for
Trichomonas foetus
Diagnosis in Cattle."
			 Samples which have been frozen or exposed to high temperatures shall be
			 discarded. (4-6-23)
02.
Polymerase Chain Reaction
. PCR test completed by a qualified
			 laboratory, approved by the Administrator. (4-6-23)
03.
Other Official Tests
. Other
			 tests for Trichomoniasis may be approved by the Division of Animal Industries,
			 as official tests, after the tests have been proven effective by research, have
			 been evaluated sufficiently to determine efficacy, and a protocol for use of
			 the test has been established. (4-6-23)
04.
Use of Official
			 Laboratories
. Accredited veterinarians are to utilize only official
			 laboratories for testing of Trichomoniasis samples. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.29 - RULES GOVERNING TRICHOMONIASIS › Section 02.04.29.332 - SAMPLE SUBMISSION AND REPORTING OF TEST RESULTS AND OFFICIAL IDENTIFICATION

Current through August 31, 2023
Accredited veterinarians must submit samples, test results, and
				official identification of all Trichomoniasis tests on a form approved by the
				Administrator within five (5) business days of: (4-6-23)
01.
Collecting the Sample
. If
			 submitting to an official lab for PCR testing; or (4-6-23)
02.
Finalizing Culture Results
.
			 or (4-6-23)
03.
Identifying
			 Virgin Bulls
. Identifying virgin bulls with official Trichomoniasis
			 bangle tags. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.29 - RULES GOVERNING TRICHOMONIASIS › Section 02.04.29.400 - RODEO BULLS

Current through August 31, 2023
Bulls currently in a rodeo string, bulls purchased under the
				feedlot exemption at an approved livestock market, bulls purchased by private
				treaty, and bulls purchased in other states and imported into Idaho for rodeo
				purposes are exempt from Trichomoniasis testing under the following conditions:
				(4-6-23)
01.
Division
			 Approval
. The owner of the rodeo bulls has completed and submitted an
			 application to the Division of Animal Industries, which the Division has
			 approved; and (4-6-23)
02.
Not Mixed with Cows
. The rodeo bulls are confined to a dry lot and
			 not mixed with cows or used for breeding purposes; and (4-6-23)
03.
Permanently Identified
. All
			 bulls in the rodeo string are officially identified; and (4-6-23)
04.
Records Maintained
. Official
			 identification records are maintained in a permanent record file at the owner's
			 premises and a copy of the record will be provided to the Division of Animal
			 Industries upon request; and (4-6-23)
05.
Bulls Purchased
. Bulls
			 purchased for addition to the rodeo string shall meet all other health
			 requirements. Purchased bulls shall be immediately officially identified as
			 specified in Subsection
			 400.03 of this rule. Official
			 back tag and ear tag numbers on the bull at time of purchase shall be
			 correlated to the official identification in the official record; and
			 (4-6-23)
06.
Bulls Removed
			 for Slaughter
. Removal of bulls to slaughter is documented in the
			 permanent record; and (4-6-23)
07.
Bulls Removed for Breeding Purposes
. Bulls that are removed from
			 the rodeo string for breeding purposes shall undergo three (3) consecutive
			 negative official tests for Trichomoniasis. The samples for each test are to be
			 collected at least seven (7) days apart and tested for Trichomoniasis to be
			 eligible to receive a certificate of negative test. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.29 - RULES GOVERNING TRICHOMONIASIS › Section 02.04.29.410 - FEEDING BULLS OF UNKNOWN TRICHOMONIASIS STATUS

Current through August 31, 2023
Bulls of unknown Trichomoniasis status may be fed for slaughter
				in an Idaho approved feedlot. (4-6-23)
01.
Removal of Untested Bulls
.
			 Untested bulls shall be sold directly to slaughter at an approved slaughter
			 establishment. (4-6-23)
02.
Removal of Bulls for Breeding Purposes
. Bulls that are removed for
			 breeding purposes shall undergo three (3) consecutive negative official tests
			 for Trichomoniasis. The samples for each test are to be collected at least
			 seven (7) days apart and tested for Trichomoniasis to be eligible to receive a
			 certificate of negative test. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Section 02.04.30.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Sections
				22-110,
				22-4903,
				25-3802,
				25-4012(2),
				37-401(1), 37405,
				37-603(1),
				67-6529F(4),
				Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Section 02.04.30.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 02.04.30, "Rules
			 Governing Environmental and Nutrient Management." (3-31-22)
02.
Scope
. This rule governs the
			 certification process for soil samplers and nutrient management planners, the
			 process for collecting and handling soil samples, the contents of a request to
			 form a CAFO Site Advisory Team, formation of a CAFO Site Advisory Team,
			 development of a site suitability determination, submission of the suitability
			 determination to the appropriate county officials, the management of odor
			 generated on agricultural operations, except beef cattle animal feeding
			 operations and large swine and poultry operations and the stockpiling of
			 agricultural waste at agricultural operations to safeguard and protect animals,
			 man, and the environment. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.104 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference into
				  Subchapter A, Sections
				  104-203 only: (3-31-22)
01.
August 1997 University of Idaho,
				Soil Sampling Bulletin 704 (revised)
. This document can be viewed online
				at http://www.extension.uidaho.edu/publishing/pdf/EXT/EXT0704.pdf.
				(3-31-22)
02.
Nutrient
				Management Standard (NMS)
. (3-31-22)
a.
				The 1999 publication by the United States Department of Agriculture (USDA)
				Natural Resources Conservation Service (NRCS) Idaho Conservation Practice
				Standard, Nutrient Management Code 590. This document can be viewed online at
https://agri.idaho.gov/main/wp-content/uploads/2017/08/nutrient_Management_code_590.pdf
.
				(3-31-22)
b. The 2007 publication
				by the United States Department of Agriculture (USDA) Natural Resources
				Conservation Service (NRCS) Idaho Conservation Practice Standard, Nutrient
				Management Code 590. This document can be viewed online at
https://agri.idaho.gov/main/wp-content/uploads/2017/10/june_2007_NRCS_590.pdf
.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.110 - DEFINITIONS

Current through August 31, 2023
In addition to the definitions found in Sections
				  22-4904,
				  25-4002, and
				  37-604, Idaho Code, the following
				  definitions apply in the interpretation and enforcement of Subchapter A,
				  Sections 104-203 only: (3-31-22)
01.
Certified Soil Sampler
. A
				person who has completed a Department approved soil sampler certification
				program and has received written certification from the Department.
				(3-31-22)
02.
Nutrient
				Management Plan
. A plan prepared in conformance with the Nutrient
				Management Standard for managing the amount, source, placement, form, and
				timing of the land application of nutrients and soil amendments for plant
				production. (3-31-22)
03.
Nutrient Management Standard
. For dairies and beef cattle animal
				feeding operations, the Nutrient Management Standard is the 1999 publication by
				the United States Department of Agriculture Natural Resources Conservation
				Service Conservation Practice Standard, Nutrient Management Code 590 or other
				standard approved by the Director. For poultry concentrated animal feeding
				operations, the Nutrient Management Standard is the 2007 publication by the
				United States Department of Agriculture Natural Resources Conservation Service
				Conservation Practice Standard, Nutrient Management Code 590 or other standard
				approved by the director. (3-31-22)
04.
Operation(s)
. Animal feeding
				operation(s). (3-31-22)
05.
Representative Soil Sample
. A representative soil sample is a soil
				sample obtained as outlined by the August 1997 University of Idaho, Soil
				Sampling Bulletin 704 (revised) or other equivalent method as approved by the
				Department. (3-31-22)
06.
Resource Concerns
. Surface water runoff that leaves the operation
				from normal storm events, rain or snow, frozen ground or irrigation; and ground
				water concerns on the operation from a high water table, fractured bedrock,
				cobbles, gravel, course textured soils or other environmental considerations
				such as tile drains or shallow soils that are conducive for the downward
				movement of water and associated nutrients. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.111 - ABBREVIATIONS

Current through August 31, 2023
The following abbreviations apply in the interpretation and
				  enforcement of Subchapter A, Sections
				  104-203 only: (3-31-22)
01.
CNMP
. Certified Nutrient
				Management Planner. (3-31-22)
02.
CSS
. Certified Soil Sampler. (3-31-22)
03.
NMP
. Nutrient Management
				Plan. (3-31-22)
04.
NMS
. Nutrient Management Standard. (3-31-22)
05.
NRCS
. United States
				Department of Agriculture, Natural Resources Conservation Service.
				(3-31-22)
06.
SSB
.
				August 1997 University of Idaho Soil Sampling Bulletin 704 (revised).
				(3-31-22)
07.
USDA
.
				United States Department of Agriculture. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.120 - APPLICABILITY

Current through August 31, 2023
These rules apply to nutrient management on the following
				  operations: (3-31-22)
01.
Dairies
. All Manufactured Grade and Grade A dairies located in
				Idaho licensed to sell milk for human consumption, pursuant to Title 37,
				Chapter 6, Idaho Code. (3-31-22)
02.
Beef Cattle Animal Feeding
				Operations
. All beef cattle animal feeding operations in Idaho required
				to implement a NMP pursuant to Title 22, Chapter 49 Idaho Code.
				(3-31-22)
03.
Poultry
				Concentrated Animal Feeding Operations
. All poultry operations required
				to implement an NMP pursuant to Title 25, Chapter 40, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.130 - NUTRIENT MANAGEMENT PLANS

Current through August 31, 2023
All NMPs required by IDAPA 02.04.14, "Rules Governing Dairy
				  Byproduct," IDAPA 02.04.15, "Rules Governing Beef Cattle Animal Feeding
				  Operations," and IDAPA 02.04.32, "Rules Governing Poultry Operations," must be
				  written by nutrient management planners who have been certified by the
				  Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.140 - NUTRIENT MANAGEMENT PLANNER CERTIFICATION

Current through August 31, 2023
All persons who develop NMPs must be certified through the
				  Department Certification Program. (3-31-22)
01.
Certification
. The Nutrient
				Management Planner Certification will be valid unless revoked by the
				Department. (3-31-22)
02.
Development
. Any person may develop an NMP for his own operation
				provided the person possesses a valid Nutrient Management Planner Certification
				issued by the Department. (3-31-22)
03.
Continuing Education
. The
				Department may require a CNMP to complete periodic continuing education
				training to retain certification. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.141 - REVOCATION OF NUTRIENT MANAGEMENT PLANNER CERTIFICATION

Current through August 31, 2023
CNMP Certification may be revoked by the Department if the
				  CNMP: (3-31-22)
01.
Submits
				Inaccurate Information
. Submits NMPs that contain falsified or
				materially inaccurate information. (3-31-22)
02.
Fails to Submit Plans
. Fails
				to submit an NMP to the ISDA within thirty (30) days after being paid by a
				producer. (3-31-22)
03.
Fails to Follow Provisions
. Fails to meet any requirement in Subchapter
				A of this rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.150 - SOIL SAMPLES

Current through August 31, 2023
Dairies, beef cattle operations, and poultry operations
				  implementing nutrient management plans pursuant to IDAPA 02.04.14, "Rules
				  Governing Dairy Byproduct," IDAPA 02.04.15, "Rules Governing Beef Cattle Animal
				  Feeding Operations," and IDAPA 02.04.32, "Rules Governing Poultry Operations,"
				  must have soil samples collected each year from all fields owned or operated by
				  the dairy, beef, or poultry operation to which livestock waste, manure, or
				  process wastewater from the operation was land applied. In addition, a poultry
				  operation must have soil samples collected each year from all fields owned or
				  operated by the poultry operation to which soil amendments from the operation
				  were land applied. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.151 - SOIL SAMPLE COLLECTION

Current through August 31, 2023
01.
CSS
. All soil samples collected pursuant to this chapter must be
				collected by a CSS. (3-31-22)
02.
Representative Samples
. All soil samples collected by a CSS must
				be representative samples pursuant to the provisions of the SSB.
				(3-31-22)
03.
Sampling
				Depth
. The soil samples shall be obtained from depths outlined in each
				operation's NMP unless soil survey data or site specific situations warrant
				alternative sampling depths. (3-31-22)
04.
Alternative Sampling Depths
.
				If the CSS determines that an alternative sampling depth is necessary due to
				resource concerns, the CSS must indicate such deviation in sampling depths on
				soil samples and laboratory soil sample submission forms. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.152 - SOIL SAMPLE SUBMISSION

Current through August 31, 2023
All soil samples collected pursuant to this chapter must be
				  appropriately handled to protect the integrity of the sample and submitted to
				  an approved laboratory by the CSS who collected the soil sample.
				  (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.160 - APPROVED LABORATORIES

Current through August 31, 2023
Only laboratories that hold a current valid certification
				  from the North American Laboratory Proficiency Testing Program or equivalent
				  method approved by the Department are approved laboratories for the purposes of
				  this chapter. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.161 - RECORDS OF NUTRIENT ANALYSIS

Current through August 31, 2023
Owners or operators of facilities who are required to
				  implement NMPs pursuant to IDAPA 02.04.14, "Rules Governing Dairy Byproduct,"
				  IDAPA 02.04.15, "Rules Governing Beef Cattle Animal Feeding Operations," and
				  IDAPA 02.04.32, "Rules Governing Poultry Operations," must retain records of
				  nutrient analysis for a minimum of five (5) years. (3-31-22)
01.
Complete Records
. Records
				must be complete, readily available, and identified to the fields listed in the
				facility's NMP. (3-31-22)
02.
Available to the Director
. Records must be made available to the
				director for inspection and copying upon request. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.170 - SOIL SAMPLER CERTIFICATION

Current through August 31, 2023
All persons who collect soil samples pursuant to Subchapter A
				  must be certified through the Department Certification Program.
				  (3-31-22)
01.
Certification
. The Soil Sampler Certification will be valid unless
				revoked by the Department. (3-31-22)
02.
Sampling
. Any person may
				sample their own operation as outlined in Subchapter A of these rules provided
				the person possesses a valid Soil Sampler Certification issued by the
				Department. (3-31-22)
03.
Continuing Education
. The Department may require CSS to complete
				continuing education training to ensure compliance within the provisions of
				this chapter. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.171 - REVOCATION OF SOIL SAMPLER CERTIFICATION

Current through August 31, 2023
Soil Sampler Certification is subject to revocation by the
				  Department if the Certified Soil Sampler fails to meet the soil sampling
				  criteria set forth in Subchapter A. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter A - NUTRIENT MANAGEMENT › Section 02.04.30.180 - PENALTIES

Current through August 31, 2023
Any person violating any of the provisions of Subchapter A
				  may be subject to the penalty provisions of Title 22, Chapter 1 and 49, Title
				  37, Chapter 4 and 6, and Title 25, Chapter 40, Idaho Code. (3-31-22)
01.
Monetary Penalties
. 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. (3-31-22)
02.
Minor Violations
. The Director may issue suitable warnings or
				other administrative actions for minor violations. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter B - CAFO SITE ADVISORY TEAM › Section 02.04.30.204 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference into
				  Subchapter B, Sections
				  204-303: (3-31-22)
01.
Nutrient Management Standard
				(NMS)
. (3-31-22)
a. The 1999
				publication by the United States Department of Agriculture (USDA) Natural
				Resources Conservation Service (NRCS) Idaho Conservation Practice Standard,
				Nutrient Management Code 590. This document can be viewed online at
https://agri.idaho.gov/main/wp-content/uploads/2017/08/nutrient_Management_code_590.pdf
.
				(3-31-22)
b. The 2007 publication
				by the United States Department of Agriculture (USDA) Natural Resources
				Conservation Service (NRCS) Idaho Conservation Practice Standard, Nutrient
				Management Code 590. This document can be viewed online at
https://agri.idaho.gov/main/wp-content/uploads/2017/10/june_2007_NRCS_590.pdf
.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter B - CAFO SITE ADVISORY TEAM › Section 02.04.30.210 - DEFINITIONS

Current through August 31, 2023
In addition to the definitions found in Section
				  67-6529C, Idaho Code, the
				  following definitions apply in the interpretation and enforcement of Subchapter
				  B, Sections
				  204-303: (3-31-22)
01.
Best Management Practices
.
				Practices, techniques, or measures that are determined by the Department to be
				a cost-effective and practicable means of preventing or reducing pollutants
				from point or non-point sources from entering waters of the state and managing
				odor generated on an agriculture operation to a level associated with accepted
				agriculture practices. (3-31-22)
02.
Land Application
. The
				spreading on, or incorporation into the soil of agricultural by-products such
				as manure, process wastewater, compost, cull potatoes, cull onions, or crop
				residues into the soil primarily for beneficial purposes. (3-31-22)
03.
Nutrient Management Plan
. A
				plan prepared in conformance with the nutrient management standard.
				(3-31-22)
04.
Nutrient
				Management Standard
. For dairies and beef cattle animal feeding
				operations, the 1999 publication by the United States Department of Agriculture
				Natural Resources Conservation Service, Conservation Practice Standard,
				Nutrient Management Code 590, or other equally protective standard approved by
				the Director. For poultry concentrated animal feeding operations, the 2007
				publication by the United States Department of Agriculture Natural Resources
				Conservation Practice Standard, Nutrient Management Code 590, or other equally
				protective standard approved by the Director. (3-31-22)
05.
Odor Management Plan
. A
				site-specific plan approved by the Director to manage odor from a CAFO to a
				level associated with accepted agricultural practices by utilizing best
				management practices. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter B - CAFO SITE ADVISORY TEAM › Section 02.04.30.211 - ABBREVIATIONS

Current through August 31, 2023
The following abbreviations apply in the interpretation and
				  enforcement of Subchapter B, Sections
				  204-303: (3-31-22)
01.
BMP
. Best Management
				Practices. (3-31-22)
02.
CAFO
. Concentrated Animal F eeding Operation. (3-31-22)
03.
DEQ
. Idaho Department of
				Environmental Quality. (3-31-22)
04.
FEMA
. Federal Emergency
				Management Agency (3-31-22)
05.
IDWR
. Idaho Department of Water Resources. (3-31-22)
06.
NRCS
. The United States
				Department of Agriculture, Natural Resources Conservation Service.
				(3-31-22)
07.
NMP
.
				Nutrient Management Plan. (3-31-22)
08.
OMP
. Odor Management Plan.
				(3-31-22)
09.
USGS
.
				United States Geological Survey. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter B - CAFO SITE ADVISORY TEAM › Section 02.04.30.220 - APPLICABILITY

Current through August 31, 2023
01.
Site for a Proposed CAFO
. A
				CAFO site advisory team shall review and make a site suitability determination
				for all proposed CAFO sites, as defined in Subchapter B of these rules,
				submitted by a board of county commissioners pursuant to Subchapter B.
				(3-31-22)
02.
Sites That Do
				not Meet the Definition of a CAFO
. The Director may form a CAFO site
				advisory team, as requested by a board of county commissioners, for a site that
				does not meet the animal numbers in the definition of a CAFO provided that:
				(3-31-22)
a. The county demonstrates that the
				site is in an environmentally sensitive area or is in close proximity to
				streams, lakes, or other bodies of surface water; or (3-31-22)
b. The state agencies have personnel and
				other resources available to conduct the site suitability determination.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter B - CAFO SITE ADVISORY TEAM › Section 02.04.30.230 - FORMATION OF A SITE ADVISORY TEAM

Current through August 31, 2023
A board of county commissioners may request the formation of
				  a CAFO site advisory team to provide a site suitability determination by
				  submitting to the Director a written request supported by the adoption of a
				  resolution by the county. (3-31-22)
01.
Designation of the Team
				Leader
. Upon receipt of a request to form a site advisory team, the
				Director shall designate a team leader. (3-31-22)
02.
Notification of Team
				Members
. The team leader shall provide a copy of the request to form a
				site advisory team to DEQ and IDWR. After receiving notification, DEQ and IDWR
				shall notify the Team Leader of their respective representatives to the team.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter B - CAFO SITE ADVISORY TEAM › Section 02.04.30.240 - CAFO SITE ADVISORY TEAMS

Current through August 31, 2023
01.
Site for
				a Proposed CAFO
. A CAFO site advisory team shall review and make a site
				suitability determination for all proposed CAFO sites, as defined in Subchapter
				B, submitted by a board of county commissioners pursuant to this Subchapter.
				(3-31-22)
02.
Sites That Do
				not Meet the Definition of a CAFO
. The Director may form a CAFO site
				advisory team, as requested by a board of county commissioners, for a site that
				does not meet the animal numbers in the definition of a CAFO provided that:
				(3-31-22)
a. The county demonstrates that the
				site is in an environmentally sensitive area or is in close proximity to
				streams, lakes, or other bodies of surface water; or (3-31-22)
b. The state agencies have personnel and
				other resources available to conduct the site suitability determination.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter B - CAFO SITE ADVISORY TEAM › Section 02.04.30.241 - FORMATION OF A SITE ADVISORY TEAM

Current through August 31, 2023
A board of county commissioners may request the formation of
				  a CAFO site advisory team to provide a site suitability determination by
				  submitting to the Director a written request supported by the adoption of a
				  resolution by the county. (3-31-22)
01.
Designation of the Team
				Leader
. Upon receipt of a request to form a site advisory team, the
				Director will designate a team leader. (3-31-22)
02.
Notification of Team
				Members
. The team leader will provide a copy of the request to form a
				site advisory team to DEQ and IDWR. After receiving notification, DEQ and IDWR
				will notify the Team Leader of their respective representatives to the team.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter B - CAFO SITE ADVISORY TEAM › Section 02.04.30.242 - CONTENTS OF A REQUEST TO FORM A SITE ADVISORY TEAM

Current through August 31, 2023
The information contained in a request includes, but is not
				  limited to, the following: (3-31-22)
01.
County Definition of CAFO
.
				The county's definition of "CAFO" as set forth in any applicable county
				ordinance. (3-31-22)
02.
Legal Description and Address
. Legal description and address of the
				proposed CAFO. (3-31-22)
03.
One-Time Unit Capacity
. The one-time animal capacity of the
				proposed CAFO. (3-31-22)
04.
Type of Animals
. The type of animals to be confined at the
				proposed CAFO. (3-31-22)
05.
Water Right Information
. All requests shall include one (1) of the
				following: (3-31-22)
a. Evidence that a valid
				water right exists to supply adequate water for the operation of the proposed
				CAFO; or (3-31-22)
b. A copy of an
				application for a permit to appropriate water that has been filed with IDWR,
				that if approved, will supply adequate water for operation of the proposed
				CAFO; or (3-31-22)
c. A copy of an
				application to change the point of diversion, place, period, and nature of use
				of an existing water right that has been filed with IDWR, that if approved,
				will supply adequate water for the operation of the proposed CAFO.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter B - CAFO SITE ADVISORY TEAM › Section 02.04.30.250 - REVIEW OF REQUEST

Current through August 31, 2023
Team members review the information provided in the request
				  for the formation of a site advisory team to determine if it includes the
				  required elements of Section
				  242. (3-31-22)
01.
Insufficient Information
. If
				the team determines that the information provided by the county does not
				include the required elements of Section
				242, the team leader will contact
				the county and request additional information. (3-31-22)
02.
Sufficient Information
. When
				the team has determined that the information submitted by the county contains
				the required elements of Section
				242, the team leader schedules an
				onsite review of the information with the team members. The team leader informs
				the county requesting the formation of the site advisory team of the date and
				time of the onsite review and the county may have a representative present.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter B - CAFO SITE ADVISORY TEAM › Section 02.04.30.260 - SITE SUITABILITY DETERMINATION

Current through August 31, 2023
Within thirty (30) days of receiving a request for the
				  formation of a CAFO site advisory team that includes the required elements of
				  Section 242, the team
				  develops and submits to the county a site suitability determination, based on
				  the elements of Section
				  242 or other relevant information,
				  that contains: (3-31-22)
01.
Risk Category
. A determination of an environmental risk category:
				high, moderate; low; or insufficient information to make a determination;
				(3-31-22)
02.
Description of
				Factors
. A description of the factors that contribute to the
				environmental risks; (3-31-22)
03. Mitigation
. Any possible
				mitigation of the environmental risks. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.304 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference into
				  Subchapter C, Sections
				  304-409 only: (3-31-22)
01.
Idaho NRCS Nutrient Management
				Standard 590, June 1999
. (3-31-22)
02.
Best Management Practices listed in
				the "Idaho Agricultural Pollution Abatement Plan," August 2001
.
				(3-31-22)
03.
ASAE Standard
				EP379.2 Sections 5 and
				6 in their entirety, November
				1997
. (3-31-22)
04.
NRCS Conservation Practice Standard 317, March 2001
.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.310 - DEFINITIONS

Current through August 31, 2023
In addition to the definitions found in Section
				  25-3803, Idaho Code, the following
				  definitions apply in the interpretation and enforcement of Subchapter C,
				  Sections 304-409: (3-31-22)
01.
Animal
. Livestock and
				agricultural animals. (3-31-22)
02.
BAT
. The best application of science that is accessible and
				obtainable to achieve a desired objective. (3-31-22)
03.
Beef Cattle
. All cattle
				except those located on a dairy farm that have been permitted by the Idaho
				State Department of Agriculture pursuant to IDAPA 02.04.14, "Rules Governing
				Dairy Byproduct." (3-31-22)
04.
Beef Cattle Animal Feeding Operation
. Those operations regulated
				pursuant to IDAPA 02.04.15, "Rules Governing Beef Cattle Animal Feeding
				Operations." (3-31-22)
05.
Compost
. A biologically stable material derived from the
				biological decomposition of organic matter. (3-31-22)
06.
Composting
. The aerobic
				degradation of manure and other organic material to a biologically stable form.
				(3-31-22)
07.
Land
				Application
. The spreading on, or incorporation into the soil of
				agricultural by-products including, but not limited to, manure, wastewater,
				compost, cull potatoes, cull onions, or crop residues. (3-31-22)
08.
Large Swine And Poultry
				Operations
. Those swine operations regulated pursuant to IDAPA 58.01.09,
				"Rules Regulating Swine Facilities," and those poultry operations regulated
				pursuant to IDAPA 02.04.32, "Rules Governing Poultry Operations."
				(3-31-22)
09.
Liquid-Solid
				Separation
. The removal of solid manure from water through mechanical or
				settling means. (3-31-22)
10.
Waste Collection and Conveyance Systems
. The areas and systems
				used in the collection and transfer of manure from the point of generation to
				the wastewater storage and containment facilities, prior to land application.
				(3-31-22)
11.
Wastewater
				Treatment
. A process by which wastewater is treated through aerobic or
				anaerobic degradation or other means. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.311 - ABBREVIATIONS

Current through August 31, 2023
The following abbreviations apply in the interpretation and
				  enforcement of Subchapter C, Sections
				  304-409: (3-31-22)
01.
ASAE
. American Society of
				Agricultural Engineers. (3-31-22)
02.
BAT
. Best Available
				Technology. (3-31-22)
03.
BMP
. Best Management Practice. (3-31-22)
04.
DEQ
. Idaho Department of
				Environmental Quality. (3-31-22)
05.
NMP
. Nutrient Management
				Plan. (3-31-22)
06.
NOV
. Notice Of Violation. (3-31-22)
07.
NRCS
. The United States
				Department of Agriculture, Natural Resources Conservation Service.
				(3-31-22)
08.
OMP
.
				Odor Management Plan. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.320 - ACCEPTED AGRICULTURAL PRACTICES

Current through August 31, 2023
Management practices conducted in accordance with applicable
				  laws, rules and best management practices, as referenced in Subsections
				  320.01 and
				  320.02, or in the absence of
				  referenced best management practices, management practices conducted in a
				  manner that demonstrates reasonable efforts to minimize odors, are considered
				  accepted agricultural practices for purposes of Subchapter C. (3-31-22)
01.
Applicable Rules
. The
				following are applicable rules for the purpose of Section
				320: (3-31-22)
a. IDAPA 02.04.14, "Rules Governing Dairy
				Byproduct." (3-31-22)
b. IDAPA
				02.03.03, "Rules Governing Pesticide and Chemigation Use and Application."
				(3-31-22)
c. IDAPA 02.06.17, "Rules
				Concerning Disposal of Cull Onion and Potatoes." (3-31-22)
d. IDAPA 02.04.17, "Rules Governing Dead
				Animal Movement and Disposal." (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.330 - APPLICABILITY

Current through August 31, 2023
Subchapter C applies to all agricultural operations, except:
				  (3-31-22)
01.
Beef
				Cattle
. Beef cattle animal feeding operations regulated pursuant to
				IDAPA 02.04.15, "Rules Governing Beef Cattle Animal Feeding Operations."
				(3-31-22)
02.
Swine and
				Poultry
. Large swine operations regulated pursuant to IDAPA 58.01.09,
				"Rules Regulating Swine Facilities," and large poultry operations regulated
				pursuant to IDAPA 02.04.32, "Rules Governing Poultry Operations."
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.340 - LIQUID WASTE SYSTEMS

Current through August 31, 2023
No person shall begin construction of a new or modified
				  liquid waste system prior to approval of such system by the Director.
				  (3-31-22)
01.
Department
				Review
. The Director may order the construction to cease if the
				construction of a new or modified liquid waste system has commenced prior to
				the Director's approval. In doing so, the Director will consider a review and
				assessment of such systems made by Department staff. (3-31-22)
02.
Design Requirements
. All new
				or modified liquid waste systems shall be designed by licensed professional
				engineers, approved in writing by the Director, and constructed in accordance
				with standards and specifications approved by the Director for management of
				odors. (3-31-22)
a. If construction is
				commenced prior to the Director's written approval, the Director may order
				construction activities to be ceased. (3-31-22)
b. Material deviations from the approved
				plans and specifications are not allowed without the prior written approval of
				the director. (3-31-22)
c. 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.
				(3-31-22)
d. 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.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.341 - STANDARDS AND SPECIFICATIONS FOR LIQUID WASTE SYSTEMS

Current through August 31, 2023
All new or modified liquid waste systems shall be designed
				  and constructed in accordance with applicable laws and rules, and for the
				  purpose of managing odors. The Director shall require techniques and management
				  practices as standards and specifications of liquid waste systems for the
				  management of odors. These techniques and management practices may include but
				  are not be limited to the following: (3-31-22)
01.
Wastewater Storage and Containment
				Facilities
: (3-31-22)
a. Liquid-solid
				separation. (3-31-22)
b. Wastewater
				treatment. (3-31-22)
c. Use of
				chemical or biological additives. (3-31-22)
d. Dilution of wastewater.
				(3-31-22)
e. Impermeable or
				permeable storage covers. (3-31-22)
f. Biofilters. (3-31-22)
g. Enhancing dispersion. (3-31-22)
h. Location of wastewater discharge into
				storage and containment facilities. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.350 - INSPECTIONS

Current through August 31, 2023
The Director or Director's designee is authorized to enter
				  and inspect any agricultural operation, and during normal business hours have
				  access to or copy any facility records deemed necessary to ensure compliance
				  with Subchapter C of these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.360 - ODOR MANAGEMENT PLANS

Current through August 31, 2023
OMPs shall be designed to work in conjunction with any
				  required NMP and shall be submitted to the Director in writing, and upon
				  approval by the Director, signed by owner or operator of the agricultural
				  operation. (3-31-22)
01.
OMP
				Development
. Within sixty (60) days of receiving a NOV for a first time
				violation, the owner or operator of the agriculture operation receiving the NOV
				shall submit to the Director an OMP for approval. (3-31-22)
02.
Interim Measures
. The
				Department will work with the owner or operator of an agriculture operation
				that has received a NOV for a first time violation to identify interim measures
				that can be implemented in a timely manner to begin the process of reducing
				odors while the OMP is being developed. (3-31-22)
03.
Department Approval
. The
				Director will approve, reject, or request additional information within thirty
				(30) days of receiving an OMP from the owner or operator of an agricultural
				operation deemed to have committed a first time violation and provide to the
				owner or operator of the agricultural operation the approval, rejection, or
				request for additional information in writing. (3-31-22)
a. If the Director rejects an OMP or requests
				additional information, the owner or operator of the agricultural operation
				shall submit to the Director the additional information or a rewritten OMP that
				address the reasons for the rejection within thirty (30) days of receiving
				written notification from the Director. (3-31-22)
b. Within fifteen (15) days of receiving the
				additional information or a rewritten OMP, the Director will approve or reject
				the OMP. If the OMP is rejected, the Director may issue a subsequent violation
				under Section 371 of these
				rules, and assess the penalty provisions specified in Subchapter C, Section
				370 of these rules, and Section
				25-3808, Idaho Code.
				(3-31-22)
c. The Director may, on a
				case by case basis, grant extensions to the deadlines contained in this
				section. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.361 - CONTENTS OF AN ODOR MANAGEMENT PLAN

Current through August 31, 2023
Contents of an OMP for an agricultural operation may include,
				  but are not limited to the following: (3-31-22)
01.
Owner's Name
. Name and
				telephone number of the owner of the operation. (3-31-22)
02.
Address
. Physical address of
				the operation. (3-31-22)
03.
Location
. County in which the operation is located.
				(3-31-22)
04.
Operation
				Description
. A description of the operation that includes, as
				applicable: (3-31-22)
a. Type of operation.
				(3-31-22)
b. General description of
				operation. (3-31-22)
c. Number and
				type of any animals including age groups. (3-31-22)
d. Any plans for expansion.
				(3-31-22)
e. Type of housing used
				related to age groups of animals. (3-31-22)
f. General description of nearby residential
				areas, public use areas, and pertinent agricultural operations.
				(3-31-22)
g. Type of crop and
				number of acres grown. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.370 - FIRST TIME VIOLATIONS

Current through August 31, 2023
If the Department determines that an agricultural operation
				  is generating odors in excess of levels of odors normally associated with
				  accepted agricultural practices, the agricultural operations shall be deemed to
				  have committed a first time violation of Subchapter C. The Department shall
				  require agricultural operations deemed to have committed a first time violation
				  to cooperate with the Department to develop and submit to the Director for
				  approval an OMP. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.371 - SUBSEQUENT VIOLATIONS

Current through August 31, 2023
Agricultural operations have committed a subsequent violation
				  if the operation is determined to have committed a subsequent violation within
				  three (3) years, has failed to comply with a required OMP, or the Department
				  determines that the owner or operator of the agriculture operation has not
				  cooperated with the Department by failing to submit an OMP that meets
				  Department approval requirements. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT › Subchapter C - AGRICULTURE ODOR MANAGEMENT › Section 02.04.30.372 - EXCEPTIONS

Current through August 31, 2023
Events contemplated in Section
				  25-3805(7), Idaho
				  Code, are not considered violations of this subchapter. Section
				  25-3805, Idaho Code, is applicable
				  whether or not an agricultural operation is required to have an OMP.
				  (3-31-22)