CROP DISPOSAL MEETING

[Tom Trail <ttrail@moscow.com>]

>Visionaries:     I've received a number of calls regarding complaints
>about the smoke and
pollution from field burning this late summer and early fall.  There have
been a number of
violations by growers, i.e. burning with no permit,  burning on the wrong
day without approval,
etc.

  I've also been concerned that the legislation in place concerning crop
disposal to this date
has no punishment for failure to compile with the law.   I've been working
with the Idaho
Department of Agriculture along with other legislators to revise the
legislation.  Dr. Roger Vega
of the Department of Agriculture in Boise sent me the following e mail
concerning the proposed
legislation that will be introduced this next session.   Most likely, it
will be introduced through
the House Ag Affairs Committee that both Rep. Young and I serve on.

    The proposed legislation calls for giving the Department the authority
to assess fines of
up to $10,000 per offense.   This seems to be a reasonable upper limit and
certainly will
get the attention of those growers involved in field burning.  The
Governor's office has
reviewed and approved the proposal.

    There will be a meeting conducted by the Department on October 24th in
Moscow concerning
this issue.   It will be held in the conference room on the second floor of
the Federal Building
from 1:30 - 3:00 pm.  A list of participants in outlined below.   Those
citizens interested in this
issue should attend.

Rep. Tom Trail
>
>	PROPOSED LEGISLATION
>
>	The Governor's office reviewed and approved our proposal.
>
>	STATE OF PURPOSE:  Amend chapter 48, title 22, Idaho Code, The Smoke
>Management and Crop Residue Disposal law to add a new section for penalties
>for violation of any provisions of chapter 48 or any rules promulgated under
>this chapter. Currently, there is no penalty provisions in this law. The
>proposed amendment will address penalties.
>
>	FISCAL IMPACT:
>
>	ISDA : none
>	Industry: Approximately fifteen growers have violated the provisions
>of IDAPA 02.06.16 in the year 2001.  Estimated civil penalties of five
>hundred dollars per offense would create approximately seven thousand five
>hundred dollars of fiscal impact.
>
>
>	22-4805. Penalties for violations. (1)"Approximately fifteen growers
>have violated the provisions of IDAPA 02.06.16 in the year 2001.  Estimated
>civil penalties of five hundred dollars per offense would create
>approximately seven thousand five hundred dollars of fiscal impact."
>
>	Be It Enacted by the Legislature of the State of Idaho:
>
>	SECTION 1.  That Chapter 48, Title 22, Idaho Code, be, and the same
>is hereby amended by the addition thereto of a NEW SECTION, to be known and
>designated as Section 22-4805, Idaho Code, and to read as follows:
>
>22-4805. Penalties for violations.  (1) Any person who violates any
>provision of this chapter, or of the rules promulgated thereunder for
>carrying out the provisions of this chapter, or who fails or refuses to
>comply with any requirements herein specified, or who interferes with the
>department, its agents or employees, in the execution, or on account of the
>execution of its or their duties under this chapter, shall be subject to
>criminal prosecution by the state attorney general.
>(2) Any person who violates or fails to comply with any of the provisions of
>this chapter or any rules promulgated thereunder may be assessed a civil
>penalty by the department or its duly authorized agent of not more than ten
>thousand dollars ($10,000) for each offense and shall be liable for
>reasonable attorney's fees.
>(a) Assessment of a civil penalty may be made in conjunction with any other
>department administrative action.
>(b) No civil penalty may be assessed unless the person charged was given
>notice and opportunity for a hearing pursuant to the Idaho administrative
>procedure act.
>(c) If the department is unable to collect such penalty or if any person
>fails to pay all or a set portion of the civil penalty as determined by the
>department, it may recover such amount by action in the appropriate district
>court.
>(d) Any person against whom the department has assessed a civil penalty
>under the provisions of this section may, within thirty (30) days of the
>final action by the agency making the assessment, appeal the assessment to
>the district court of the county in which the violation is alleged by the
>department to have occurred.
>(e) Moneys collected for violation of a rule shall be remitted to the
>agricultural department inspection fund.
>(3) Nothing in this chapter shall be construed as requiring the director to
>report minor violations for prosecution when he believes that the public
>interest will be best served by suitable warnings or other administrative
>action.
>
>
>	SCHEDULED MEETING
>
>	Date			October 24, 2001
>	Time			1:30 pm to 3 pm
>	Place			2nd floor conference room
>				Federal Building
>				Moscow
>
>	Participants		County Commissioners
>				State Legislators
>				Statewide Advisory Committee
>				Regional Advisory Group
>				ISDA
>				IDEQ
>	Agenda			Review of rules
>				Review of 2001 burning season
>

Dr. Tom Trail
International Trails
1375 Mt. View Rd.
Moscow, Id. 83843
Tel:  (208) 882-6077
Fax:  (208) 882-0896
e mail ttrail@moscow.com