Idaho Administrative Code
Title IDAPA 02 - Agriculture, Department of
Rule 02.04.30 - RULES GOVERNING ENVIRONMENTAL AND NUTRIENT MANAGEMENT
Subchapter C - AGRICULTURE ODOR MANAGEMENT
Section 02.04.30.360 - ODOR MANAGEMENT PLANS

Universal Citation: ID Admin Code 02.04.30.360

Current through August 31, 2023

OMPs shall be designed to work in conjunction with any required NMP and shall be submitted to the Director in writing, and upon approval by the Director, signed by owner or operator of the agricultural operation. (3-31-22)

01. OMP Development. Within sixty (60) days of receiving a NOV for a first time violation, the owner or operator of the agriculture operation receiving the NOV shall submit to the Director an OMP for approval. (3-31-22)

02. Interim Measures. The Department will work with the owner or operator of an agriculture operation that has received a NOV for a first time violation to identify interim measures that can be implemented in a timely manner to begin the process of reducing odors while the OMP is being developed. (3-31-22)

03. Department Approval. The Director will approve, reject, or request additional information within thirty (30) days of receiving an OMP from the owner or operator of an agricultural operation deemed to have committed a first time violation and provide to the owner or operator of the agricultural operation the approval, rejection, or request for additional information in writing. (3-31-22)

a. If the Director rejects an OMP or requests additional information, the owner or operator of the agricultural operation shall submit to the Director the additional information or a rewritten OMP that address the reasons for the rejection within thirty (30) days of receiving written notification from the Director. (3-31-22)

b. Within fifteen (15) days of receiving the additional information or a rewritten OMP, the Director will approve or reject the OMP. If the OMP is rejected, the Director may issue a subsequent violation under Section 371 of these rules, and assess the penalty provisions specified in Subchapter C, Section 370 of these rules, and Section 25-3808, Idaho Code. (3-31-22)

c. The Director may, on a case by case basis, grant extensions to the deadlines contained in this section. (3-31-22)

04. Implementation. OMPs shall be implemented as approved by the Director. (3-31-22)

05. Review of OMP. The Department will review OMPs no less than annually for three (3) years after the Director approves the OMP. If the Department determines an approved OMP has not reduced odors to a level associated with accepted agricultural practices after a reasonable period of time, as determined by the Department, the Department will review the OMP with the owner or operator of the agricultural operation and adjust the OMP to meet the goals of the Agriculture Odor Management Act. (3-31-22)

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