2005 Idaho Code - 25-3803 — DEFINITIONS

                                  TITLE  25
                                   ANIMALS
                                  CHAPTER 38
                       AGRICULTURE ODOR MANAGEMENT ACT
    25-3803.  DEFINITIONS. When used in this chapter:
    (1)  "Accepted agricultural practices" means those management practices
normally associated with agriculture in Idaho, and which should include
management practices intended to control odor generated by an agricultural
operation.
    (2)  "Agricultural animals" means those animals including, but not limited
to, mink, domestic cervidae, horses and ratites raised for agricultural
purposes.
    (3)  "Agricultural operations" means those operations where livestock or
other agricultural animals are raised, or crops are grown, for commercial
purposes, not to include those operations set forth within section 25-3801(2),
Idaho Code.
    (4)  "Best management practices" means practices, techniques or measures
which are determined by the department to be a cost-effective and practicable
means of managing odors generated on an agricultural operation to a level
associated with accepted agricultural practices.
    (5)  "Department" means the Idaho department of agriculture.
    (6)  "Director" means the director of the Idaho department of agriculture.
    (7)  "Liquid waste system" means those wastewater storage and containment
facilities and associated waste collection and conveyance systems where water
is used as the primary carrier of manure and manure is added to the wastewater
storage and containment facilities on a regular basis including the final
distribution system.
    (8)  "Livestock" means cattle, sheep, swine and poultry.
    (9)  "Manure" means animal excrement that may also contain bedding,
spilled feed or soil.
    (10) "Modified" means structural changes and alterations to the livestock
operation which would require increased wastewater storage or containment
capacity or such changes which would increase the amount of manure entering
wastewater storage containment facilities.
    (11) "Nutrient management plan" means a plan prepared in conformance with
the nutrient management standard.
    (12) "Nutrient management standard" means the 1999 publication by the
United States department of agriculture, natural resources conservation
service, conservation practice standard, nutrient management code 590, and all
subsequent amendments, additions or other revisions thereto, or other equally
protective standard approved by the director.
    (13) "Odor" means the property or quality of a substance that stimulates
or is perceived by the sense of smell, or by other means as the department may
determine by rule, the standards for which shall be judged on criteria that
shall include intensity, duration, frequency, offensiveness and health risks.
    (14) "Odor management plan" means a site specific plan approved by the
director to manage odor from an agricultural operation to a level associated
with accepted agricultural practices by utilizing best management practices.
    (15) "Person" means any individual, association, partnership, firm, joint
stock company, joint venture, trust, estate, private corporation, or any legal
entity, which is recognized by law as the subject of rights and duties.
    (16) "Wastewater" means water containing manure which is generated on a
livestock operation.
    (17) "Wastewater storage and containment facilities" means wastewater
storage ponds, wastewater treatment lagoons and evaporative ponds.