For the purpose of this article, certain terms are defined as set forth below. All words in the present tense include the future tense, the plural includes the singular, and words in the singular include the plural, unless the nature of construction of the sentence indicates otherwise. The word "shall" is mandatory. For purposes of this article, the following words shall have the following meanings:
ADJOINING: To be in, or nearly in, contact.
ANIMAL: All vertebrates, except humans.
ANIMAL NUMBERS: The minimum number of animals at the facility for the facility to be defined as a CAFO:
(1) Seven hundred (700) mature dairy cows, whether milked or dry;
(2) One thousand (1,000) veal calves;
(3) One thousand (1,000) cattle or other mature dairy cows or veal calves. Cattle includes, but is not limited to, heifers, steers, bulls and cow/calf pairs;
(4) Two thousand five hundred (2,500) swine, each weighing fifty five (55) pounds or more;
(5) Ten thousand (10,000) swine, each weighing less than fifty five (55) pounds;
(6) Five hundred (500) horses;
(7) Ten thousand (10,000) sheep or lambs;
(8) Fifty five thousand (55,000) turkeys;
(9) Thirty thousand (30,000) laying hens or broilers, if the CAFO uses a liquid manure handling system;
(10) One hundred twenty five thousand (125,000) chickens (other than laying hens), if the CAFO uses a liquid manure handling system;
(11) Eighty two thousand (82,000) laying hens, if the CAFO uses a system other than a liquid manure handling system;
(12) Thirty thousand (30,000) ducks, if the CAFO uses a system other than a liquid manure handling system;
(13) Five thousand (5,000) ducks, if the CAFO uses a liquid manure handling system.
ANIMAL WASTE: Animal excrement, feed wastes, process wastewater, or any other waste associated with the confinement of animals.
ANIMAL WASTE SYSTEM: Any structure or system that provides for the collection, treatment, or storage of animal waste, including composting.
APPLICANT: Any person initiating any application for any action or provision authorized under this article.
APPLICATION: The document and accompanying information required of a person seeking a CAFO siting permit.
BOARD: The board of Canyon County, Idaho, commissioners.
BURDEN OF PERSUASION: The requirement that the party seeking relief from the board or commission must provide evidence showing the party has met this article's requirements.
CAFO:
(1) Confined animal feeding operation, also referred to as "concentrated animal feeding operation", means a facility where all the following conditions are met:
A. Animals have been, are, or will be stabled or confined and fed or maintained for a total of ninety (90) consecutive days, or more in any twelve (12) month period; and
B. Crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the facility; and
C. The facility is designed to confine or actually does confine the minimum of animal numbers as listed in the "animal numbers" definition provided herein.
(2) Two (2) or more concentrated animal feeding operations under common ownership are considered, for the purposes of this definition, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.
CAFO FACILITY AREA: A contiguous area or parcel of land or the use of a contiguous area or parcel of land upon which are confined or fed animals in enclosures or ponds, and which does not sustain crops, vegetation, forage growth in the normal growing season or postharvest residues, and which consists of:
(1) Any combination of "animal numbers" or more, as defined herein, that have been, are, or will be stabled or confined and fed or maintained for a total of ninety (90) consecutive days or more in a twelve (12) month period.
(2) A CAFO facility area does not include land application sites. Areas or parcels of land are deemed contiguous when separated by public or private roads as defined by the CCZO. Areas or parcels of land also are deemed contiguous if they are not adjacent, but are owned or operated by a CAFO operator and a pipeline exists which is capable of conveying process wastewater to the nonadjacent land. A CAFO facility area only pertains to the area containing CAFO improvements.
CAFO IMPROVEMENTS: Enhancements to the CAFO real property that would accommodate expanding the number of animals allowed in the siting permit or upgrades to the animal waste system. CAFO improvements do not include land application sites or the piping or method of conveyance used to convey process wastewater to the land application area.
CAFO SITE ADVISORY TEAM: Team authorized by Idaho Code sections 67-6529C and 67-6529G consisting of representatives of Idaho state agencies that review a site and information regarding a proposed CAFO and issue an opinion regarding that site's suitability for a CAFO.
CAFO SITING PERMIT: The conditional use permit required for a person to operate a new or expanding facility.
CCZO: Canyon County zoning ordinance 05-002, as amended.
COMMENCE OR START OF CONSTRUCTION: Date zoning compliance or building permit is issued or notice of agriculture construction is submitted to Canyon County. Where no building permit or notice is required, then the date when work actually began.
COMMISSION: Planning and zoning commission of Canyon County appointed by the board.
COUNTY: Canyon County, Idaho.
DSD: Canyon County development services department.
DEAD ANIMAL: Carcasses, parts of carcasses, or tissues from deceased animals.
DEPARTMENT: Canyon County development services department.
DIRECT GLARE: Intense light resulting from a high luminance or insufficiently shielded light source in the field of view. This type of light often causes annoyance, discomfort, or loss in visual performance and visibility.
DIRECTOR: Director of Canyon County development services department.
ENSILAGE: Fermentation process for animal feeds that include harvested forage products and other feed commodities.
EXISTING CAFO: A CAFO built and in operation and properly registered within six (6) months of the effective date hereof.
EXPANDING OR NONCONFORMING CAFO: An existing CAFO that: 1) cumulatively increases its onetime animal capacity by four hundred (400) or more animal numbers; or 2) cumulatively increases its onetime animal capacity by twenty percent (20%) or more, whichever increase is less; or 3) an existing CAFO that increases the capacity of its animal waste system.
IDAPA: Idaho administrative procedures act.
ISDA: Idaho state department of agriculture.
LAND APPLICATION: The spreading on or incorporation of liquid or solid waste into the soil mantle primarily for beneficial purposes.
MATERIAL CHANGE: An alteration in the CAFO that meets at least one of the following criteria:
(1) Change in the size and/or location of the animal waste system.
(2) Relocation of CAFO improvements outside of the CAFO facility area for which they were approved.
(3) Relocation of any CAFO improvement so it no longer meets a setback required by this article.
(4) Change in type of animal housed.
(5) Cumulative increase of the permitted onetime animal capacity of twenty percent (20%) or four hundred (400) animals, whichever is less.
(6) Change in location of existing dead animal storage area that could affect neighboring property owners.
NEW CAFO: A CAFO commenced after the effective date hereof, which contains upon it a CAFO facility area.
NONCONFORMING CAFO: A CAFO which lawfully existed prior to the enactment hereof and which is not registered and is operated after the effective date hereof. Nonconforming CAFOs may not be expanded or materially improved except as provided for in this article.
NUTRIENT MANAGEMENT PLAN: A plan approved by the appropriate authorizing agency or his/her designee for managing the amount, source, placement, form and timing of the land application of nutrients and soil amendments for plant production and to minimize potential for environment degradation, particularly impairment of water quality.
ODOR MANAGEMENT PLAN: A site specific plan approved by the responsible government agency with regulatory authority to manage odor generated by a CAFO.
ONETIME ANIMAL CAPACITY: The maximum number of animals that a CAFO facility area is permitted to house at any given point in time.
PERSON: Includes, but is not limited to, an individual, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, limited liability company, agency, department, or division, and all other or any other similar entities.
PROCESS WASTEWATER: Any water on the CAFO facility area that comes into contact with any manure, litter, bedding, raw, intermediate, or final material or product used in or resulting from the production of animals and any products directly or indirectly used in the operation of a CAFO facility area, such as spillage 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 animal waste.
PUBLIC RIGHTS OF WAY: All public rights of way intended for road purposes under the jurisdiction of local, state, and/or federal agencies.
REGISTRANT: Owner or operator of an existing CAFO who files a registration notice with the DSD office and provides the information required under this article.
REGISTRATION NOTICE: The document and accompanying information that an existing or nonconforming CAFO shall file with the director in order to register the CAFO.
RESIDENCE: Buildings or structures used for human occupancy such as residences, dwellings, churches, schools, subdivisions and planned unit developments.
SETBACK: The mandatory and/or minimum separation distance between the specified uses herein and/or structures.
SITE PLAN: A scaled drawing which includes the elements as set forth in section 08-01-07: or 08-01-09 of this article.
STRUCTURE: Any building used or intended for supporting or sheltering any use or occupancy as defined in the Canyon County building code, as amended.
USDA: United States department of agriculture.
USGS: United States geological survey.
VARIANCE: A modification of the requirements of this article which uses the notification procedures set forth in section 07-08-01: of this code. (Ord. 07-002, 1-18-2007)