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| Public Act 095-0038 |
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Livestock Management Facilities Act is | ||||
amended by changing Section 13 as follows:
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(510 ILCS 77/13)
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Sec. 13. Livestock waste handling facilities other than | ||||
earthen livestock
waste lagoons;
construction standards; | ||||
certification; inspection; removal-from-service
requirements.
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(a) After the effective date of this amendatory Act of | ||||
1999, livestock waste
handling
facilities other than earthen | ||||
livestock waste lagoons used for the storage of
livestock waste | ||||
shall
be constructed in accordance with this Section.
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(1) Livestock waste handling facilities constructed of | ||||
concrete shall meet
the
strength and load factors set forth | ||||
in the Midwest Plan Service's Concrete
Manure
Storage | ||||
Handbook (MWPS-36) and future updates. In addition, those | ||||
structures
shall
meet the following requirements:
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(A) Waterstops shall be incorporated into the | ||||
design of the storage
structure when consistent with | ||||
the requirements of paragraph (1) of this
subsection;
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(B) Storage structures that handle waste in a | ||||
liquid form shall be
designed to contain a volume of | ||||
not less than the amount of waste generated
during 150 | ||
days of facility operation at design capacity; the | ||
owner or operator of a livestock waste handling | ||
facility constructed with concrete with a design | ||
capacity of less than 300 animal units may demonstrate | ||
to the Department that a reduced storage volume, not | ||
less than 60 days, is feasible due to (i) the | ||
availability of land application areas that can | ||
receive manure at agronomic rates or (ii) another | ||
manure disposal method is proposed that will allow for | ||
the reduced manure storage design capacity; the | ||
Department shall evaluate the proposal and determine | ||
whether a reduced manure storage design capacity is | ||
appropriate for the site; and
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(C) Storage structures not covered or otherwise | ||
protected from
precipitation shall, in addition to the | ||
waste storage volume requirements of
subparagraph (B) | ||
of paragraph (1) of this subsection, include a 2-foot
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freeboard.
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(2) A livestock waste handling facility in a | ||
prefabricated form shall meet
the
strength, load, and | ||
compatibility factors for its intended use. Those factors
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shall be
verified by the manufacturer's specifications.
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(3) Livestock waste handling facilities holding | ||
semi-solid livestock
waste,
including but not limited to | ||
picket dam structures, shall be constructed
according to
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the requirements set forth in the Midwest Plan Service's | ||
Livestock Waste
Facilities
Handbook (MWPS-18) and future | ||
updates or similar standards used by the Natural
Resources | ||
Conservation Service of the United States Department of | ||
Agriculture.
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(4) Livestock waste handling facilities holding solid | ||
livestock waste
shall be
constructed according to the | ||
requirements set forth in the Midwest Plan
Service's
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Livestock Waste Facilities Handbook (MWPS-18) and future | ||
updates or similar
standards used by the Natural Resources | ||
Conservation Service of the United
States
Department of | ||
Agriculture. In addition, solid livestock waste stacking
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structures shall
be sized to store not less than the amount | ||
of waste generated during
6 months
of facility
operation at | ||
design capacity. The owner or operator of a livestock waste | ||
handling facility holding solid livestock waste with a | ||
design capacity of less than 300 animal units may | ||
demonstrate to the Department that a reduced storage | ||
volume, not less than 2 months, is feasible due to (i) the | ||
availability of land application areas that can receive | ||
manure at agronomic rates or (ii) another manure disposal | ||
method is proposed that will allow for the reduced storage | ||
design capacity. The Department shall evaluate the | ||
proposal and determine whether a reduced manure storage | ||
design capacity is appropriate for the site.
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(5) Holding ponds used for the temporary storage of | ||
livestock feedlot
run-off
shall be constructed according | ||
to the requirements set forth in the Midwest
Plan
Service's | ||
Livestock Waste Facilities Handbook (MWPS-18) and future | ||
updates or
similar standards used by the Natural Resources | ||
Conservation Service of the
United
States Department of | ||
Agriculture.
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(b) New livestock management facilities and livestock | ||
waste handling
facilities
constructed after the effective date | ||
of this amendatory Act of 1999 shall be
subject to the
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additional construction requirements and siting prohibitions | ||
provided in this
subsection (b).
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(1) No new non-lagoon livestock management facility or | ||
livestock waste
handling facility may be constructed | ||
within the floodway of a 100-year
floodplain. A
new | ||
livestock management facility or livestock waste handling | ||
facility may be
constructed within the portion of a | ||
100-year floodplain that is within the
flood fringe
and | ||
outside the floodway provided that the facility is designed | ||
and constructed
to be
protected from flooding and meets the | ||
requirements set forth in the Rivers,
Lakes, and Streams | ||
Act, Section 5-40001 of the Counties Code,
and Executive | ||
Order Number 4 (1979). The delineation of
floodplains, | ||
floodways, and flood fringes shall be in compliance with | ||
the
National Flood
Insurance Program. Protection from | ||
flooding shall be consistent with the
National
Flood | ||
Insurance Program and shall be designed so that stored | ||
livestock waste is
not
readily removed.
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(2) A new non-lagoon livestock waste handling facility | ||
constructed in a
karst
area shall be designed to prevent | ||
seepage of the stored material into
groundwater in
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accordance with ASAE 393.2 or future updates. Owners or | ||
operators of proposed
facilities should consult with the | ||
local soil and water conservation district,
the
University | ||
of Illinois Cooperative Extension Service, or other local, | ||
county,
or State
resources relative to determining the | ||
possible presence or absence of such
areas.
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Notwithstanding the other provisions of this paragraph | ||
(2), after the
effective date
of this amendatory Act of | ||
1999, no non-lagoon livestock waste handling facility
may | ||
be
constructed within 400 feet of any natural depression in | ||
a karst area formed as
a result
of subsurface removal of | ||
soil or rock materials that has caused the formation
of a
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collapse feature that exhibits internal drainage. For the | ||
purposes of this
paragraph
(2), the existence of such a | ||
natural depression in a karst area shall be
indicated by
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the uppermost closed depression contour lines on a USGS 7 | ||
1/2 minute quadrangle
topographic map or as determined by | ||
Department field investigation in a karst
area.
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(3) A new non-lagoon livestock waste handling facility | ||
constructed in an
area
where aquifer material is present | ||
within 5 feet of the bottom of the facility
shall be
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designed to ensure the structural integrity of the | ||
containment structure and to
prevent
seepage of the stored | ||
material to groundwater. Footings and underlying
structure
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support shall be incorporated into the design standards of | ||
the storage
structure in
accordance with the requirements | ||
of Section 4.1 of the American Society of
Agricultural | ||
Engineers (ASAE) EP 393.2 or future updates.
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(c) A livestock waste handling facility owner may rely on | ||
guidance from the
local soil
and water conservation district, | ||
the Natural Resources Conservation Service of
the United
States | ||
Department of Agriculture, or the University of Illinois | ||
Cooperative
Extension Service
for soil type and associated | ||
information.
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(d) The standards in subsections (a) and (b) shall serve as | ||
interim
construction
standards until such time as permanent | ||
rules promulgated pursuant to Section 55
of this Act
become | ||
effective. In addition, the Department and the Board shall | ||
utilize the
interim
standards in subsections (a) and (b) as a | ||
basis for the development of such
permanent rules.
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(e) The owner or operator of a livestock management | ||
facility or livestock
waste
handling facility may, with the | ||
approval of the Department, elect to exceed the
strength and
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load requirements as set forth in this Section.
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(f) The owner or operator of a livestock management | ||
facility or livestock
waste
handling facility shall send, by | ||
certified mail or in person, to the Department
a certification
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of compliance together with copies of verification documents | ||
upon completion of
construction.
In the case of structures | ||
constructed with the design standards used by the
Natural | ||
Resources
Conservation Service of the United States Department | ||
of Agriculture, copies of
the design
standards and a statement | ||
of verification signed by a representative of the
United States
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Department of Agriculture shall accompany the owner's or | ||
operator's
certification of
compliance. The certification | ||
shall state that the structure meets or exceeds
the | ||
requirements
in subsection (a) of this Section. A $250 filing | ||
fee shall accompany the
statement.
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(g) The Department shall inspect the construction site | ||
prior to
construction, during
construction, and within 10 | ||
business days following receipt of the
certification of | ||
compliance
to determine compliance with the construction | ||
standards.
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(h) The Department shall require modification when | ||
necessary to bring the
construction into compliance with the | ||
standards set forth in this Section. The
person making
the | ||
inspection shall discuss with the owner, operator, or certified | ||
livestock
manager an
evaluation of the livestock waste handling | ||
facility construction and shall (i)
provide on-site
written | ||
recommendations to the owner, operator, or certified livestock | ||
manager
of what
modifications are necessary or (ii) inform the | ||
owner, operator, or certified
livestock manager
that the | ||
facility meets the standards set forth in this Section. On the | ||
day of
the inspection, the
person making the inspection shall | ||
give the owner, operator, or certified
livestock manager a
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written report of findings based on the inspection together | ||
with an explanation
of remedial
measures necessary to enable | ||
the livestock waste handling facility to meet the
standards set
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forth in this Section. The Department shall, within 5 business | ||
days of the date of inspection,
send an official written notice | ||
to the owner or operator of the livestock waste handling | ||
facility
by certified mail, return receipt requested, | ||
indicating that the facility meets the standards set
forth in | ||
this Section or identifying the remedial measures necessary to | ||
enable the livestock
waste handling facility to meet the | ||
standards set forth in this Section. The owner or operator
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shall, within 10 business days of receipt of an official | ||
written notice of deficiencies, contact the
Department to | ||
develop the principles of an agreement of compliance. The owner | ||
or operator
and the Department shall enter into an agreement of | ||
compliance setting forth the specific
changes to be made to | ||
bring the construction into compliance with the standards
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required under
this Section. If an agreement of compliance | ||
cannot be achieved, the Department
shall issue a
compliance | ||
order to the owner or operator outlining the specific changes | ||
to be
made to bring
the construction into compliance with the | ||
standards required under this
Section.
The owner
or operator | ||
can request an administrative hearing to contest the provisions | ||
of
the
Department's compliance order.
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(j) If any owner or operator operates in violation of an | ||
agreement of
compliance, the
Department shall seek an | ||
injunction in circuit court to prohibit the operation
of the | ||
facility
until construction and certification of the livestock | ||
waste handling facility
are in compliance
with the provisions | ||
of this Section.
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(k) When any livestock management facility not using an | ||
earthen livestock
waste
lagoon is removed from service, the | ||
accumulated livestock waste remaining within the facility
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shall be removed and applied to land at rates consistent with a | ||
waste management plan for the
facility. Removal of the waste | ||
shall occur within 12 months after the date
livestock | ||
production
at the facility ceases. In addition, the owner or | ||
operator shall make
provisions to prevent the
accumulation of | ||
precipitation within the livestock waste handling facility.
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Upon completion
of the removal of manure, the owner or operator | ||
of the facility shall notify
the Department that
the facility | ||
is being removed from service and the remaining manure has been
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removed. The
Department shall conduct an inspection of the | ||
livestock waste handling facility
and inform the
owner or | ||
operator in writing that the requirements imposed under this
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subsection (k) have been met or that
additional actions are | ||
necessary. Commencement of operations at a facility
that has | ||
livestock
shelters left intact and that has completed the | ||
requirements imposed under this
subsection
(k)
and that has | ||
been
operated as a livestock management facility or livestock | ||
waste handling
facility for 4
consecutive months at any time | ||
within the previous 10 years shall not be
considered a new or
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expanded livestock management or waste handling facility. A new | ||
facility
constructed after May 21, 1996 that has
been removed
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from service for a period of 2 or more years shall not be | ||
placed back into
service prior to an
inspection of the | ||
livestock waste handling facility and receipt of written
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approval by the
Department.
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(Source: P.A. 91-110, eff. 7-13-99.)
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