Idaho State Statutes - Idaho Attorney Directory

(1) A site application shall
include, in a format set forth by the director and when determined applicable
by the director, the following information:
(a) Name, mailing address and phone number of the facility owner;
(b) Name, mailing address and phone number of the facility operator;
(c) Name and mailing address of the facility;
(d) Legal description of the facility location;
(e) The legal structure of the entity owning the facility, including the
names and addresses of all directors, officers, registered agents and
partners;
(f) The names and locations of all swine facilities owned and/or operated
by the applicant within the last ten (10) years;
(g) The one-time animal unit capacity of the facility;
(h) The type of animals to be confined at the facility;
(i) Evidence that a valid water right exists to supply adequate water for
the proposed facility or a copy of either an application for a permit to
appropriate water or an application to change the point of diversion,
place, period and nature of use of an existing water right that has been
filed with the Idaho department of water resources which, if approved,
will supply adequate water for the proposed operation;
(j) The facility's biosecurity and sanitary standards.
(2) A facility plan. Plans and specifications for the facility's animal
waste management system that include the following information:
(a) Vicinity map(s) prepared on one (1) or more seven and one-half minute
(7.5') USGS topographic quadrangle maps or a high quality reproduction(s)
that includes the following:
(i) Layout of the facility, including buildings and animal waste
management system;
(ii) The one hundred (100) year FEMA flood zones or other
appropriate flood data for the facility site and land application
sites owned or leased by the applicant;
(iii) The location of occupied dwellings, public and private
gathering places, such as schools, churches and parks, and
incorporated municipalities which are within a two (2) mile radius of
the facility; and
(iv) Private and community domestic water wells, irrigation wells,
irrigation conveyance and drainage structures, monitoring wells,
wetlands, streams, springs, and reservoirs which are within a one (1)
mile radius of the facility.
(b) Facility specifications including:
(i) A site plan showing:
1. Building locations;
2. Waste facilities;
3. All waste conveyance systems; and
4. All irrigation systems used for land application, including
details of approved water supply protection devices.
(ii) Building plans showing:
1. All wastewater collection systems in housed units;
2. All freshwater supply systems, including details of approved
water supply protection devices;
3. Detailed drawings of wastewater collection and conveyance
systems and containment construction; and
4. Detailed construction and installation procedures.
(3) Site characterization. A characterization of the facility and any
land application site(s) owned or operated by the applicant, prepared by a
registered professional geologist, a registered professional engineer or a
qualified ground water hydrologist, that includes the following information:
(a) A description of monitoring methods, frequency and reporting
components related to either leak detection systems and/or ground water
monitoring wells;
(b) The climatic, hydrogeologic and soil characteristics;
(c) The depth to water and a potentiometric map for the uppermost and
regional aquifer;
(d) The vertical and horizontal conductivity, gradient and ground water
flow direction and velocity;
(e) Estimates of recharge to the uppermost aquifer;
(f) Information which characterizes the relationship between the ground
water and adjacent surface waters; and
(g) A summary of local ground water quality data.
(4) A nutrient management plan. A plan prepared by a certified planner
demonstrating compliance with the nutrient management standard for land
application.
(5) A plan for meeting standards for heavy metals as those provided in 40
CFR section 503, subchapter O.
(6) A plan for disposal of dead animal carcasses.
(7) An air quality management plan.
(8) A closure plan. A plan describing the procedures for final closure of
a facility that ensures no adverse impacts to the environment and waters of
the state and that includes:
(a) The estimated length of operation of the facility;
(b) A description of the procedures, methods and schedule to be
implemented at the facility for final disposal, handling, management
and/or treatment of all animal waste;
(c) A plan for permanent disposal of residual solid waste.
(9) Other information. An applicant shall provide any other information
relative to this section and deemed necessary by the director to assess
protection of human health and the environment, including information showing
that:
(a) The harm to scenic, public health, environmental, private property,
historic, cultural or recreational values is not substantial or can be
mitigated;
(b) The risk and impact of accident during transportation of animal waste
or animal carcasses is not substantial or can be mitigated. Dead animals
shall be removed from the facility for rendering, cremation, burial,
composting or other disposal in accordance with IDAPA 02.04.03, "Rules of
Department of Agriculture Governing Animal Industry," section 050, "Dead
Animals, Movement, Disposal";
(c) The impact on local government is not adverse regarding health,
safety, cost and consistency with local planning and existing development
or can be mitigated;
(d) The facility or operations associated with the facility do not create
a public health hazard or nuisance conditions including odors;
(e) The applicant has the financial ability to construct, operate and
close the facility.
(10) Within thirty (30) days after receipt of the application, the
director shall determine whether it is complete. If it is not complete, the
director shall notify the applicant and state the areas of deficiency.
(11) The application shall be accompanied by a fee. The director shall
establish by rule the scale for determining the application fee. The fee shall
be based on the cost to the site review panel of reviewing the application.
The scale shall be based on characteristics including the site size, projected
waste volume, and hydrogeological and atmospheric characteristics surrounding
the site. Fees received pursuant to this section may be expended by the
director to pay the actual, reasonable and necessary costs incurred by the
department in acting upon an application.

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