2005 Idaho Code - 39-7903 — DEFINITIONS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 79
                   LOCAL OPTION SWINE FACILITIES SITING ACT
    39-7903.  DEFINITIONS. As used in this chapter:
    (1)  "Active unit" means that part of a facility or unit that has received
or is receiving wastes and that has not been closed.
    (2)  "Animal unit" is a unit of measurement equaling two and one-half
(2 1/2) swine, each weighing over twenty-five (25) kilograms (approximately
fifty-five (55) pounds), or ten (10) weaned swine, each weighing under
twenty-five (25) kilograms. Total animal units are calculated by adding the
number of swine weighing over twenty-five (25) kilograms (approximately
fifty-five (55) pounds) multiplied by four-tenths (.4), plus the number of
weaned swine weighing under twenty-five (25) kilograms multiplied by one-tenth
(.1).
    (3)  "Animal waste" means animal excrement, feed wastes, process
wastewater or any other waste associated with the confinement of swine.
    (4)  "Animal waste management system" means any structure or system that
provides for the collection, treatment, disposal, distribution or storage of
animal waste.
    (5)  "Applicant" means the owner or the operator with the owner's written
consent.
    (6)  "Aquifer" means a geological formation, group of formations, or a
portion of a formation capable of yielding significant quantities of ground
water to wells or springs.
    (7)  "Certified planner" means a person who has completed the nutrient
management certification in accordance with the nutrient management standard.
    (8)  "County" means any county in the state of Idaho.
    (9)  "Department" means the Idaho department of environmental quality.
    (10) "Director" means the director of the Idaho department of
environmental quality or his designee.
    (11) "Existing facility" means a facility built and in operation one (1)
year or more before the original effective date of this chapter.
    (12) "Expand" or "expanding facility" means a swine facility of less than
twenty thousand (20,000) animal units that increases its one-time animal unit
capacity to twenty thousand (20,000) or more animal units.
    (13) "Facility" means any place, site or location or part thereof where
swine are kept, handled, housed, or otherwise maintained and includes, but is
not limited to, all buildings, lots, pens, animal waste management systems,
structures, and other appurtenances and improvements on the land.
    (14) "Ground water" means water below the land surface in a zone of
saturation.
    (15) "Holocene fault" means a fault characterized as a fracture or a zone
of fractures in any material along which strata on one (1) side have been
displaced with respect to that on the other side and holocene being the most
recent epoch of the quaternary period, extending from the end of the
pleistocene epoch to the present.
    (16) "Land application" means the spreading on or incorporation of animal
waste into the soil mantle primarily for beneficial purposes.
    (17) "Natural resources conservation service" or "NRCS" means the United
States department of agriculture, natural resources conservation service.
    (18) "Nutrient management plan" means a plan prepared in compliance with
the nutrient management standard or other equally protective standard approved
by the director for managing the amount, source, placement, form and timing of
the land application of nutrients and soil amendments for plant production and
to minimize the potential for environmental degradation, particularly of water
quality.
    (19) "Nutrient management standard" means the standard of the United
States  department of agriculture, natural resource conservation service code
590 or the Idaho agricultural pollution abatement plan, nutrient management
standard component practice.
    (20) "One-time animal unit capacity" means the maximum number of animal
units that a facility is capable of housing at any given point in time.
    (21) "Operate" means to confine, feed, propagate, house or otherwise
sustain swine.
    (22) "Operator" means the person(s) responsible for the overall operation
of a facility or part of a facility.
    (23) "Owner" means the person(s) who owns a facility or part of a
facility.
    (24) "Permit" when used as a noun means a permit issued by the director
pursuant to rules of the department.
    (25) "Person" means an individual, association, firm, partnership,
political subdivision, public or private corporation, state or federal agency,
municipality, industry or any other legal entity whatsoever, and includes
owners and operators.
    (26) "Plan of operation" or "operating plan" means the written plan
developed by an owner or operator of a swine facility unit detailing how the
facility is to be operated during its active life, during closure, and
throughout the postclosure period.
    (27) "Process wastewater" means any water used in the facility that comes
into contact with any manure, litter, bedding, raw, intermediate, or final
material or product used in or resulting from the production of swine and any
products directly or indirectly used in the operation of a facility, such as
spillage or overflow from animal watering systems; washing, cleaning, or
flushing pens, barns, manure pits, or spray cooling of animals; and dust
control and any precipitation which comes into contact with animals or animal
waste.
    (28) "Qualified professional" means a licensed professional geologist or
licensed professional engineer, as appropriate, holding current professional
registration in compliance with applicable provisions of the Idaho Code.
    (29) "Unauthorized discharge" means a release of animal waste to the
environment or waters of the state that is not authorized by the license or
the terms of a national pollutant discharge elimination system (NPDES) permit
issued by the federal environmental protection agency.
    (30) "Water quality standard" means a standard set for maximum allowable
contamination in surface waters and ground water as set forth in the water
quality standards for waters for the state of Idaho.
    (31) "Waters of the state" means all the accumulations of water, surface
and underground, natural and artificial, public and private, or parts thereof
which are wholly or partially within, which flow through or border upon the
state.