Swine Facilities in Idaho
Swine facilities are regulated by DEQ to ensure animal waste from the facilities is properly controlled so as not to adversely affect public health or the environment. Swine facilities are defined in Idaho's Rules Regulating Swine Facilities (IDAPA 58.01.09) as "any place, site or location or part thereof where swine are kept, handled, housed, or otherwise maintained."
A permit must be obtained to construct, operate, close, or expand a swine facility. New or expanding swine facilities having a one-time animal unit capacity of 2,000 or more animal units must be permitted whether or not the capacity is currently being met. An animal unit equals 2.5 swine (each weighing over 55 pounds) or 10 weaned swine (each weighing under 55 pounds).
Facilities already in existence when these rules went into effect (April 1, 2000) do not need to obtain a permit unless the facility is expanding. If an existing facility expands the one-time animal unit capacity of the facility by 10% or more, the owner must first obtain a permit for the expansion.
Permit Application Process
Permits may be obtained by applying through the local DEQ Regional Office. A fee based on the one-time animal unit capacity of the facility must be submitted with the permit application. DEQ recommends the applicant participate in a pre-application conference with a DEQ representative to discuss application requirements and procedures. As part of the application, the owner must submit a written estimate of closure costs and evidence of financial assurance to cover remediation and closure cost estimates. A complete list of approved financial assurance mechanisms can be found in the Rules Regulating Swine Facilities (IDAPA 58.01.09.205.02).
Within 30 days of receiving a permit application, DEQ will notify the applicant in writing as to whether or not the application met all requirements. If all requirements are not met, DEQ will return the application to the applicant with a complete list of deficiencies. The applicant may then choose to apply again.
DEQ will notify the owner if the application is determined complete. Within 30 days of this notice, DEQ will determine if the facility is environmentally suitable for the selected location. In making the decision, DEQ will review the location of the facility relative to flood zones, dwellings, wells, surface and ground water, and other items. The applicant will be sent a written notice of DEQ's determination and a copy will be sent to the appropriate county and city officials.
A draft permit or permit denial will be sent to the applicant within 60 days of the environmental suitability determination for the proposed location.
DEQ may deny a permit application if:
- The application is inaccurate.
- The appropriate county or city does not approve the location.
- The facility cannot meet the requirements set forth in the rules or cannot be constructed, operated, and closed in a manner that protects human health and the environment.
- The owner of a facility is not in substantial compliance with a final agency order or any final order or judgement of a court secured by any state or federal agency relating to the operation of a facility.
The draft permit will specify conditions of construction, operation, and closure. DEQ will provide a public notice of its issuance of a draft permit and the public will have the opportunity to provide written comments. Within its discretion, DEQ may provide an opportunity for the public to provide oral comments.
Before obtaining a final permit, the applicant must receive final approval for the location of the facility from the appropriate county or city and a water right from the Idaho Department of Water Resources.
A final permit will be issued within 60 days of issuance of the draft permit. The entire permitting process takes a maximum of 180 days.
The permit will be effective for a maximum of five years and may be reissued upon submitting an updated application and demonstrating compliance with the rules and permit conditions existing at the time of reissuance. If a permittee fails to begin construction or expansion of a facility within two years of the effective date of a permit, DEQ may void the permit and require a new application.
- Day 0
- Facility Submits Application
- Day 30
- DEQ Notifies Facility of Application Completeness
- Day 60
- DEQ Notifies Facility of Environmental Suitability
- Day 120
- DEQ Issues Draft Permit (available for public comment)
- Day 180
- DEQ Issues Final Permit