2005 Idaho Code - 22-4902 — DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 49
                    BEEF CATTLE ENVIRONMENTAL CONTROL ACT
    22-4902.  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 beef cattle industry in the state. The beef cattle industry
produces manure and process wastewater which, 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 beef
cattle operations are handled in a manner which protects the natural resources
of the state.
    (2)  Further, the legislature recognizes that the beef cattle industry is
potentially subject to various state and federal laws designed to protect
state natural resources and that the Idaho department of agriculture is in the
best position to administer and implement these various laws. It is therefore
the intent of the legislature that the administration of this law by the
department of agriculture fully meets the goals and requirements of the
federal clean water act and state laws designed to further protect state
waters and that administration of this chapter by the department of
agriculture shall not be more stringent than or broader in scope than the
requirements of the clean water act and applicable state and federal laws. The
department shall have authority to administer all laws to protect the quality
of water within the confines of a beef cattle animal feeding operation. In
carrying out this chapter the department shall prioritize its resources on
operations which have the greatest potential to significantly impact the
environment and ensure that any requirements imposed under this chapter upon
operators of beef cattle animal feeding operations are cost-effective and
economically, environmentally and technologically feasible.
    (3)  Successful implementation of this chapter is dependent upon the
department receiving adequate funding from the legislature and is dependent
upon the department executing a memorandum of agreement with the United States
environmental protection agency, the department of environmental quality and
the Idaho cattle association which sets forth a working arrangement between
the agencies to ensure compliance with this chapter and applicable state and
federal laws, including the federal clean water act. Moreover, the legislature
recognizes that it is important for the state to obtain a delegated national
pollutant discharge elimination system (NPDES) permit program from the EPA
under the clean water act.