2005 Idaho Code - 39-7902 — LEGISLATIVE FINDINGS AND PURPOSES

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 79
                   LOCAL OPTION SWINE FACILITIES SITING ACT
    39-7902.  LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature finds
that:
    (a)  The swine industry is experiencing rapid changes such as increased
    sophistication of production technology, increased demand for capital to
    maintain or expand operations, consolidation of production and packing
    facilities and changing consumer demands and markets;
    (b)  Large swine facilities increase social and environmental impacts in
    the areas where these facilities are located;
    (c)  Adverse public health and environmental impacts can result from the
    improper siting of large swine facilities, therefore the need for
    establishing safe sites with an adequate supply of natural resources, such
    as water, and an adequate capacity for the disposal of animal waste is a
    matter of statewide concern;
    (d)  Section 39-104A, Idaho Code, vests the department of environmental
    quality with the responsibility to make rules regulating swine operations;
    and section 39-105, Idaho Code, vests the department of environmental
    quality with the responsibility for the general supervision of the
    promotion and protection of the life, health and environment of the people
    of the state, including regulation of air quality, water quality and
    disposal of solid waste.
    (2)  (a)  To facilitate swine facility siting decisions by boards of
    county commissioners and governing bodies of cities, this chapter
    establishes a review process within the department of environmental
    quality for construction or expansion of large swine facilities of a
    certain size, and to require approval of sites.
    (b)  The procedures and requirements established in this chapter are
    necessary to facilitate the proper siting of large swine facilities, to
    effect timely and responsible completion of statutory duties and to ensure
    protection of human health, natural resources, private property values and
    the environment of the state.
    (c)  The site approval required in this chapter is required in addition to
    any other license, permit or approval required by law or rule.
    (3)  It is the intent of the legislature that this chapter will be applied
only to swine facilities with a capacity of twenty thousand (20,000) animal
units or more and that this chapter will not be applied to any other confined
animal feeding operations.