2005 Idaho Code - 25-3805 — FIRST TIME VIOLATORS -- ODOR MANAGEMENT PLAN -- EXCEPTIONS

                                  TITLE  25
                                   ANIMALS
                                  CHAPTER 38
                       AGRICULTURE ODOR MANAGEMENT ACT
    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.