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91_HB0082
LRB9100412LDdv
1 AN ACT to amend the Livestock Management Facilities Act
2 by changing Sections 15, 20, 35, and 100 and adding Sections
3 10.24, 10.26, 11, 12, 13, 14, and 18.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Livestock Management Facilities Act is
7 amended by changing Sections 15, 20, 35, and 100 and by
8 adding Sections 10.24, 10.26, 11, 12, 13, 14, and 18 as
9 follows:
10 (510 ILCS 77/10.24 new)
11 Sec. 10.24. Karst area. "Karst area" means an area with
12 a land surface containing sinkholes, large springs, disrupted
13 land drainage, and underground drainage systems associated
14 with karstified carbonate bedrock and caves or a land surface
15 without these features but containing a karstified carbonate
16 bedrock unit generally overlain by less than 60 feet of
17 unconsolidated materials.
18 (510 ILCS 77/10.26 new)
19 Sec. 10.26. Karstified carbonate bedrock. "Karstified
20 carbonate bedrock" means a carbonate bedrock unit (limestone
21 or dolomite) that has a pronounced conduit or secondary
22 porosity due to dissolution of the rock along joints,
23 fractures, or bedding plains.
24 (510 ILCS 77/11 new)
25 Sec. 11. Non-lagoon livestock waste handling facility
26 registration.
27 (a) The owner or operator of any non-lagoon livestock
28 waste handling facility with a design capacity of 1,000 or
29 greater animal units newly constructed after the effective
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1 date of this amendatory Act of 1999 shall send by certified
2 mail or deliver in person to the Department a completed
3 non-lagoon livestock waste handling facility registration
4 form. This form shall include the following:
5 (1) the names and addresses of the owners and
6 operators of the livestock waste handling facility;
7 (2) a general description of the livestock waste
8 handling structure (including, but not limited to, a pit
9 located under animal housing structure, slurry store, or
10 solid waste holding structure) and the type and number of
11 animal units of livestock it serves;
12 (3) a construction plan of the livestock waste
13 handing structure with design specifications of the
14 structure noted as prepared by or for the owner or
15 operator; and
16 (4) the anticipated beginning and ending dates of
17 construction.
18 (b) Upon receipt of the registration form, the
19 Department shall review the form to determine that all
20 required information has been provided. The Department
21 shall, within 15 business days, notify the person submitting
22 the notice that the notification is complete or that
23 clarification information is needed. Except for facilities
24 that are subject to public informational meetings pursuant to
25 Section 12 of this Act, construction may begin no sooner than
26 15 business days after submission of the registration form or
27 submission of the clarification information and receipt by
28 the owner or operator of the Department's notice that the
29 requirements of this Section have been met.
30 (c) Any person who willfully fails to file a non-lagoon
31 livestock waste handling facility registration form or a
32 notice of intent to construct form with the Department prior
33 to commencing construction of any livestock management or
34 waste handling facility, upon being discovered by the
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1 Department, shall be notified and given a 10 business day
2 period to file the appropriate forms. Any person failing to
3 file those forms within 10 business days shall be afforded
4 the opportunity to participate in an administrative hearing
5 as set forth in the Illinois Administrative Procedure Act.
6 The administrative hearing officer, upon determination of a
7 failure to file the appropriate form within 10 business days
8 after notice from the Department, may assess a monetary
9 penalty of no more than $500 and shall order that person to
10 file the appropriate form. If, after receiving the hearing
11 officer's order to file, a person fails to file the
12 appropriate form with the Department, the Department shall
13 file a request for injunction to prohibit the operation of
14 the facility until the person is in compliance with this Act.
15
16 (510 ILCS 770/12 new)
17 Sec. 12. Public informational meeting.
18 (a) Beginning on the effective date of this amendatory
19 Act of 1999, within 7 days after receiving a form giving
20 notice of intent to construct a new livestock management
21 facility or livestock waste handling facility serving 1,000
22 or greater animal units, the Department shall send a copy of
23 the notice form to the county board of the county in which
24 the facility is or will be located. After receiving a copy
25 of the notice from the Department, the county board may, at
26 its discretion and within 30 days after receipt of the
27 notice, request that the Department conduct an informational
28 meeting concerning the proposed construction. During the
29 county's 30-day review period, county residents may petition
30 the county board of the county where the proposed new
31 facility will be located to request that the Department
32 conduct an informational meeting. When petitioned by 75 or
33 more of the county's residents who are registered voters,
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1 the county board shall request that the Department conduct an
2 informational meeting. If the county board requests that the
3 Department conduct the informational meeting, the Department
4 shall conduct the informational meeting within 15 days of the
5 county board's request. If the Department conducts such a
6 meeting, it shall cause notice of the meeting to be published
7 in a newspaper of general circulation in the county or in the
8 State newspaper at least 10 days before the meeting. The
9 owner or operator who submitted the notice of intent to
10 construct to the Department shall appear at the meeting. At
11 the meeting, the Department shall afford members of the
12 public an opportunity to ask questions and present oral or
13 written comments concerning the proposed construction. The
14 county board shall submit at the informational meeting or
15 within 30 days following the meeting an advisory, non-binding
16 recommendation to the Department about the proposed new
17 facility's construction in accordance with the applicable
18 requirements of this Act.
19 (b) When the county board requests an informational
20 meeting, construction shall not begin until after the
21 informational meeting has been held, the Department has
22 reviewed the county board's recommendation and replied to the
23 recommendation indicating if the proposed new livestock
24 management facility or new livestock waste handling facility
25 is or will be in compliance with the requirements of the Act,
26 and the owner, operator, or certified manager and operator
27 has received the Department's notice that the setbacks and
28 all applicable requirements of this Act have been met.
29 (c) At the informational meeting the Department of
30 Agriculture shall receive evidence by testimony or otherwise
31 on the following subjects:
32 (1) Whether registration and livestock waste
33 management plan certification requirements, if required,
34 are met by the notice of intent to construct.
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1 (2) Whether the design, location, or proposed
2 operation will protect the environment by being
3 consistent with this Act.
4 (3) Whether the location minimizes any
5 incompatibility with the surrounding area's character by
6 being located in an area zoned for agriculture where the
7 county has zoning or where the county is not zoned, the
8 setback requirements established by this Act are complied
9 with.
10 (4) If the facility is located within a 100-year
11 floodplain or an otherwise environmentally sensitive area
12 (defined as an area of karst topography or with aquifer
13 material within 5 feet of the bottom of the livestock
14 waste handling facility), whether construction standards
15 set forth in the notice of intent to construct are
16 consistent with the goal of protecting the safety of the
17 area.
18 (5) Whether the owner or operator has submitted an
19 operations plan that minimizes the likelihood of any
20 environmental damage to the surrounding area from spills,
21 runoff, and leaching.
22 (6) Whether odor control plans are reasonable and
23 incorporate reasonable or innovative odor reduction
24 technologies given the current state of such
25 technologies.
26 (7) Whether traffic patterns minimize the effect on
27 existing traffic flows.
28 (8) Whether construction or modification of a new
29 facility is consistent with existing community growth,
30 tourism, recreation, or economic development or with
31 specific projects involving community growth, tourism,
32 recreation, or economic development that have been
33 identified by government action for development or
34 operation within one year through compliance with
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1 applicable zoning and setback requirements for populated
2 areas as established by this Act.
3 (d) If, after the informational meeting and the
4 provision of reasonable time for a response from the
5 applicant or the county board, the Department finds that,
6 more likely than not, the standards set forth in subsection
7 (c) have been met by the applicant, within 15 days of the
8 later filing of the response of the applicant or county board
9 the Department shall notify the applicant that setbacks and
10 all applicable requirements of the Act have been met and
11 construction may proceed. The Department shall file a copy
12 of such notice with the county.
13 (e) If a livestock waste lagoon is to be constructed as
14 a component of the livestock management facility under
15 subsection (a) of this Section, a public informational
16 meeting held pursuant to subsection (a) of this Section shall
17 satisfy the requirements of Section 15(b-5) of this Act.
18 (f) In the event that the owner or operator of a
19 proposed livestock management facility or livestock waste
20 handling facility modifies the facility plans by the proposed
21 addition of a livestock waste lagoon, the Department shall
22 notify the county board, which may exercise its option of a
23 public informational meeting pursuant to Section 15(b-5) of
24 this Act.
25 (510 ILCS 77/13 new)
26 Sec. 13. Construction standards for livestock waste
27 handling facilities other than earthen livestock waste
28 lagoons; certification; inspection; closure requirements.
29 (a) After the effective date of this amendatory Act of
30 1999, livestock waste handling facilities other than earthen
31 livestock waste lagoons used for the storage of livestock
32 waste shall be constructed in accordance with this Section.
33 (1) Livestock waste handling facilities constructed
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1 of concrete shall meet the strength and load factors set
2 forth in the Midwest Plan Service's Concrete Manure
3 Storages Handbook (MWPS-36) and future updates. In
4 addition, those structures shall meet the following
5 requirements:
6 (A) Waterstops shall be incorporated into the
7 design of the storage structure when consistent with
8 the requirements of paragraph (1) of this
9 subsection;
10 (B) Storage structures that handle waste in a
11 liquid form shall be designed to contain a volume of
12 not less than the amount of waste generated during
13 150 days of facility operation at design capacity;
14 and
15 (C) Storage structures not covered or
16 otherwise protected from precipitation shall, in
17 addition to the waste storage volume requirements of
18 subparagraph (B) of paragraph (1) of this
19 subsection, include a 2-foot freeboard.
20 (2) A livestock waste handling facility in a
21 prefabricated form shall meet the strength, load, and
22 compatibility factors for its intended use. Those
23 factors shall be verified by the manufacturer's
24 specifications.
25 (3) Livestock waste handling facilities holding
26 semi-solid livestock waste, including but not limited to
27 picket dam structures, shall be constructed according to
28 the requirements set forth in the Midwest Plan Service's
29 Livestock Waste Facilities Handbook (MWPS-18) and future
30 updates or similar standards used by the Natural
31 Resources Conservation Service of the United States
32 Department of Agriculture.
33 (4) Livestock waste handling facilities holding
34 solid livestock waste shall be constructed according to
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1 the requirements set forth in the Midwest Plan Service's
2 Livestock Waste Facilities Handbook (MWPS-18) and future
3 updates or similar standards used by the Natural
4 Resources Conservation Service of the United States
5 Department of Agriculture. In addition, solid livestock
6 waste stacking structures shall be sized to store not
7 less than the amount of waste generated during 6 months
8 of facility operation at design capacity.
9 (5) Holding ponds used for the temporary storage of
10 livestock feedlot run-off shall be constructed according
11 to the requirements set forth in the Midwest Plan
12 Service's Livestock Waste Facilities Handbook (MWPS-18)
13 and future updates or similar standards used by the
14 Natural Resources Conservation Service of the United
15 States Department of Agriculture.
16 (b) New livestock management facilities and livestock
17 waste handling facilities constructed after the effective
18 date of this amendatory Act of 1999 shall be subject to the
19 additional construction requirements and siting prohibitions
20 provided in this subsection (b).
21 (1) No new non-lagoon livestock management facility
22 or livestock waste handling facility may be constructed
23 within the floodway of a 100-year floodplain. A new
24 livestock management facility or livestock waste handling
25 facility may be constructed within the portion of a
26 100-year floodplain that is within the flood fringe and
27 outside the floodway provided that the facility is
28 designed and constructed to be flood-proof. The
29 delineation of floodplains, floodways, and flood fringes
30 shall be in compliance with the National Flood Insurance
31 Program. Flood-proofing shall also be consistent with
32 the National Flood Insurance Program and shall be
33 designed to prevent the removal of stored manure by flood
34 waters.
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1 (2) A new non-lagoon livestock waste handling
2 facility constructed in a karst area shall be designed to
3 prevent seepage of the stored material into groundwater
4 in accordance with ASAE 393.2 or future updates. Owners
5 or operators of proposed facilities should consult with
6 the local soil and water conservation district, the
7 University of Illinois Cooperative Extension Service, or
8 other local, county, or State resources relative to
9 determining the possible presence or absence of such
10 areas. Notwithstanding the other provisions of this
11 subdivision (b)(2), after the effective date of this
12 amendatory Act of 1999, no non-lagoon livestock waste
13 handling facility may be constructed within any natural
14 depression in a karst area formed as a result of
15 subsurface removal of soil or rock materials that has
16 caused the formation of a collapse feature that exhibits
17 internal drainage. For the purposes of this subdivision
18 (b)(2), the existence of such a natural depression in a
19 karst area shall be indicated by the uppermost closed
20 depression contour lines on a USGS 7 1/2 minute
21 quadrangle topographic map or as determined by Department
22 field investigation in a karst area.
23 (3) A new non-lagoon livestock waste handling
24 facility constructed in an area where aquifer material is
25 present within 5 feet of the bottom of the facility shall
26 be designed to ensure the structural integrity of the
27 containment structure and to prevent seepage of the
28 stored material to groundwater. Footings and underlying
29 structure support shall be incorporated into the design
30 standards of the storage structure in accordance with the
31 requirements of Section 4.1 of the American Society of
32 Agricultural Engineers (ASAE) EP 393.2 or future updates.
33 (c) A livestock waste handling facility owner shall rely
34 on guidance from the local soil and water conservation
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1 district, the Natural Resources Conservation Service of the
2 United States Department of Agriculture, or the University of
3 Illinois Cooperative Extension Service for soil type and
4 associated information.
5 (d) No requirements other than those provided in
6 subsections (a) and (b) may be imposed on the construction or
7 operation of a livestock management facility or waste
8 handling facility other than an earthen livestock waste
9 lagoon, except as provided in this Act.
10 (e) The owner or operator of a livestock management
11 facility or livestock waste handling facility may, with the
12 approval of the Department, elect to exceed the strength and
13 load requirements as set forth in this Section.
14 (f) The owner or operator of a livestock management
15 facility or livestock waste handling facility shall send, by
16 certified mail or in person, to the Department a
17 certification of compliance together with copies of
18 verification documents upon completion of construction. In
19 the case of structures constructed with the design standards
20 used by the Natural Resources Conservation Service of the
21 United States Department of Agriculture, copies of the design
22 standards and a statement of verification signed by a
23 representative of the United States Department of Agriculture
24 shall accompany the owner's or operator's certification of
25 compliance. The certification shall state that the structure
26 meets or exceeds the requirements in subsection (a) of this
27 Section. A $250 filing fee shall accompany the statement.
28 The owner or operator may begin using the storage structure
29 no earlier than 10 business days after submitting the
30 certification to the Department.
31 (g) The Department shall inspect the construction site
32 prior to construction, during construction, and within 10
33 business days following receipt of the certification of
34 compliance to determine compliance with the construction
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1 standards and to determine whether the proposed construction
2 location will be in compliance with setback distances or, in
3 the case of construction that is not a new livestock
4 management facility or waste handling facility, with the
5 maximum feasible location requirements of the Agency's
6 Agriculture Related Pollution regulations, 35 Ill. Admin.
7 Code 501.
8 (h) The Department shall require modification when
9 necessary to bring the construction into compliance with the
10 standards set forth in this Section. The person making the
11 inspection shall discuss with the owner, operator, or
12 certified livestock manager an evaluation of the livestock
13 waste handling facility construction and shall (i) provide
14 on-site written recommendations to the owner, operator, or
15 certified livestock manager of what modifications are
16 necessary or (ii) inform the owner, operator, or certified
17 livestock manager that the facility meets the standards set
18 forth in this Section. On the day of the inspection, the
19 person making the inspection shall give the owner, operator,
20 or certified livestock manager a written report of findings
21 based on the inspection together with an explanation of
22 remedial measures necessary to enable the livestock waste
23 handling facility to meet the standards set forth in this
24 Section. The Department shall, within 10 business days of the
25 date of inspection, send an official written notice of the
26 deficiencies to the owner or operator of the livestock waste
27 handling facility by certified mail, return receipt
28 requested. The owner or operator shall, within 10 business
29 days of receipt of an official written notice of
30 deficiencies, contact the Department to develop the
31 principals of an agreement of compliance. The owner or
32 operator and the Department shall enter into an agreement of
33 compliance setting forth the specific changes to be made to
34 bring the construction in compliance with the standards
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1 required under this Section. If an agreement of compliance
2 cannot be achieved, the owner or operator can request an
3 official administrative hearing to be held in accordance with
4 the Illinois Administrative Procedure Act.
5 (i) The Department shall seek an injunction in circuit
6 court to prohibit the operation of the facility until
7 construction of the livestock waste handling facility is in
8 compliance with the provisions of this Section.
9 (j) When any livestock management facility not using an
10 earthen livestock waste lagoon is removed from service, the
11 accumulated livestock waste remaining within the facility
12 shall be removed and applied to land at rates consistent with
13 a waste management plan for the facility. Removal of the
14 waste shall occur within 12 months after the date livestock
15 production at the facility ceases. In addition, the owner or
16 operator shall make provisions to prevent the accumulation of
17 precipitation within the livestock waste handling facility.
18 Upon completion of the removal of manure, the owner or
19 operator of the facility shall notify the Department that the
20 facility is being removed from service and the remaining
21 manure has been removed. The Department shall conduct an
22 inspection of the livestock waste handling facility and
23 inform the owner or operator in writing that the closure
24 requirements have been met or that additional actions are
25 necessary to complete closure. Commencement of operations at
26 an idle facility that has completed the aforementioned
27 closure requirements and that has been operated as a
28 livestock management facility or livestock waste handling
29 facility for 4 consecutive months at any time within the
30 previous 10 years shall not be considered a new or expanded
31 livestock management or waste handling facility for the
32 purposes of setback determinations.
33 (k) After the effective date of this amendatory Act of
34 1999, the Livestock Management Facilities Advisory Committee
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1 shall meet at least once every 6 months to review the design
2 and construction standards in this Section and report to the
3 General Assembly on January 1, 2000 and annually thereafter
4 concerning the adequacy of those construction standards.
5 (510 ILCS 77/14 new)
6 Sec. 14. Enforcement. The provisions of this amendatory
7 Act of 1999 creating Sections 10.24, 10.26, 11, 12, 13, 14,
8 and 18 and changing Sections 15, 20, 35, and 100 shall be
9 enforced by the Department beginning on the effective date of
10 this amendatory Act of 1999.
11 (510 ILCS 77/15)
12 Sec. 15. Livestock waste lagoon.
13 (a) Standards for livestock waste lagoon construction.
14 Any earthen livestock waste lagoon subject to registration
15 shall be constructed or modified in accordance with "Design
16 of Anaerobic Lagoons for Animal Waste Management" promulgated
17 by the American Society of Agricultural Engineers or the
18 national guidelines as published by the United States
19 Department of Agriculture Natural Resource Conservation
20 Service in Illinois and titled Waste Treatment Lagoon. The
21 owner or operator of the earthen livestock lagoon may, with
22 approval from the Department, modify or exceed these
23 standards in order to meet site specific objectives.
24 Notwithstanding any other requirement of this subsection,
25 every earthen livestock waste lagoon shall include the
26 construction of a secondary berm, filter strip, grass
27 waterway, or terrace, or any combination of those, outside
28 the perimeter of the primary berm if an engineer licensed
29 under the Professional Engineering Practice Act of 1989 and
30 retained by the registrant determines, with the concurrence
31 of the Department, that construction of such a secondary berm
32 or other feature or features is necessary in order to ensure
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1 against a release of livestock waste from the lagoon (i) that
2 encroaches or is reasonably expected to encroach upon land
3 other than the land occupied by the livestock waste handling
4 facility of which the lagoon is a part or (ii) that enters
5 or is reasonably expected to enter the waters of this State.
6 The Department shall determine compliance with these
7 requirements. The Department may require changes in design
8 or additional requirements to protect groundwater, such as
9 extra liner depth or synthetic liners, when it appears
10 groundwater could be impacted.
11 (a-5) New earthen livestock waste lagoons constructed
12 after the effective date of this amendatory Act of 1999 shall
13 be subject to additional construction requirements and siting
14 prohibitions as provided in this subsection (a-5).
15 (1) No new earthen livestock waste lagoon may be
16 constructed within the floodway of a 100-year floodplain.
17 A new earthen livestock waste lagoon may be constructed
18 within the portion of a 100-year floodplain that is
19 within the flood fringe and outside the floodway provided
20 that the facility is designed and constructed to be
21 flood-proof. The delineation of floodplains, floodways,
22 and flood fringes shall be in compliance with the
23 National Flood Insurance Program. Flood-proofing shall
24 also be consistent with the National Flood Insurance
25 Program and shall be designed to prevent the removal of
26 stored manure by flood waters.
27 (2) A new earthen livestock waste lagoon
28 constructed in a karst area shall be designed to prevent
29 seepage of the stored material to groundwater. Owners or
30 operators of proposed facilities shall consult with the
31 local soil and water conservation district, the
32 University of Illinois Cooperative Extension Service, or
33 other local, county, or state resources relative to
34 determining the possible presence or absence of such
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1 areas. Notwithstanding the other provisions of this
2 subdivision (a-5)(2), after the effective date of this
3 amendatory Act of 1999, no earthen livestock waste lagoon
4 may be constructed within any natural depression in a
5 karst area formed as a result of subsurface removal of
6 soil or rock materials that has caused the formation of a
7 collapse feature that exhibits internal drainage. For
8 the purposes of this subdivision (a-5)(2), the existence
9 of such natural depression in a karst area shall be
10 indicated by the uppermost closed depression contour
11 lines on a USGS 7 1/2 minute quadrangle topographic map
12 or as determined by Department field investigation in a
13 karst area.
14 (b) Registration and certification. Any earthen
15 livestock waste lagoon newly constructed or modified (does
16 not include repairs) after the effective date of rules
17 adopted for the implementation of this Act shall be
18 registered by the owner or operator with the Department on a
19 form provided by the Department. Lagoons constructed prior
20 to the effective date of rules adopted for the implementation
21 of this Act may register with the Department at no charge.
22 In order to give the Department notice of the owner's or
23 operator's intent to construct or modify an earthen livestock
24 waste lagoon, the owner or operator shall register such
25 lagoon with the Department during the preconstruction phase.
26 Construction shall not begin until 30 days after submittal of
27 a registration form by certified mail to the Department.
28 When an informational meeting is requested by the county,
29 construction shall not begin until after the informational
30 meeting has been held.
31 Livestock waste lagoon registration forms shall be made
32 available to producers at offices of the Department of
33 Agriculture, Cooperative Extension Service, and Soil and
34 Water Conservation Districts.
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1 Registration information shall include the following:
2 (1) Name(s) and address(es) of the owner and
3 operator who are responsible for the livestock waste
4 lagoon.
5 (2) General location of lagoon.
6 (3) Design construction plans and specifications.
7 (4) Specific location information:
8 (A) Distance to a private or public potable
9 well;
10 (B) Distance to closest occupied private
11 residence (other than any occupied by owner or
12 operator);
13 (C) Distance to nearest stream; and
14 (D) Distance to nearest populated area.
15 (5) Anticipated beginning and ending dates of
16 construction.
17 (6) Type of livestock and number of animal units.
18 The Department of Agriculture upon receipt of a livestock
19 waste lagoon registration form shall review the form to
20 determine that all required information has been provided.
21 The person filing the registration shall be notified within
22 15 working days that the registration is complete or that
23 clarification of information is needed. No later than 10
24 working days after receipt of the clarification information,
25 the Department shall notify the owner or operator that the
26 registration is complete.
27 The Department shall inspect an earthen livestock waste
28 lagoon during preconstruction, construction, and
29 post-construction. The Department shall require
30 modifications when necessary to bring construction in
31 compliance with the standards as set forth in subsection (a)
32 of Section 15. The person making the inspection shall
33 discuss with the owner, operator, or certified livestock
34 manager an evaluation of the livestock waste lagoon
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1 construction and shall (i) provide on-site written
2 recommendations to the owner, operator, or certified
3 livestock manager of what modifications are necessary or (ii)
4 inform the owner, operator, or certified livestock manager
5 that the lagoon meets the standards set forth in subsection
6 (a) of Section 15. On the day of the inspection, the person
7 making the inspection shall give the owner, operator, or
8 certified livestock manager a written report of his or her
9 findings based on the inspection, together with an
10 explanation of any remedial measures necessary to enable the
11 lagoon to meet the standards set forth in subsection (a).
12 The person making any inspection shall comply with
13 reasonable animal health protection procedures as requested
14 by the owner, operator, or certified livestock manager.
15 Upon completion of the construction or modification, but
16 prior to placing the lagoon in service, the owner or operator
17 of the livestock waste lagoon shall certify on a form
18 provided by the Department that the lagoon has been
19 constructed or modified in accordance with the standards set
20 forth in subsection (a) of Section 15 and that the
21 information provided on the registration form is correct.
22 (1) The certification notice to the Department
23 shall include a certification statement and signature.
24 (2) The certification shall state: "I hereby
25 certify that the information provided on this form is
26 correct and that the lagoon has been constructed in
27 accordance with the standards as required by the
28 Livestock Management Facilities Act."
29 The owner or operator of the lagoon may proceed to place
30 the lagoon in service no earlier than 10 working days after
31 submitting to the Department a certification of compliance
32 statement.
33 (b-5) Public informational meeting. Within 7 days after
34 receiving a registration form giving notice of an intent to
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1 construct or modify an earthen livestock waste lagoon after
2 the effective date of this amendatory Act of 1997, the
3 Department shall send a copy of the registration form to the
4 county board of the county in which the lagoon is or is to
5 be located. After receiving a copy of a lagoon registration
6 form from the Department under this subsection, within 30
7 days the county board may at its discretion request that the
8 Department conduct a public informational meeting within 15
9 days of the request concerning the proposed construction or
10 modification of the lagoon. If the Department conducts such
11 a meeting, then at least 10 days before the meeting, the
12 Department shall cause notice of the meeting to be published
13 in a newspaper of general circulation in the county or the
14 State newspaper. The owner or operator who submitted the
15 registration form to the Department shall appear at the
16 meeting. At the meeting, the Department shall afford members
17 of the public an opportunity to ask questions and present
18 oral or written testimony concerning the proposed
19 construction or modification of the lagoon.
20 (c) Complaint procedure. Any person having a complaint
21 concerning an earthen livestock waste lagoon may file a
22 complaint with the Agency. If the Agency finds that
23 groundwater has been negatively impacted because of
24 structural problems with the earthen lagoon, the Agency shall
25 notify the Department that modification of the lagoon is
26 necessary. The livestock owner or operator or the Department
27 may request guidance from the United States Department of
28 Agriculture Natural Resource Conservation Service or the
29 University of Illinois Cooperative Extension Service.
30 The person making any inspection shall comply with animal
31 health protection procedures as requested by the owner or
32 operator.
33 Any earthen livestock waste lagoon in service prior to
34 the effective date of the rules for implementation of this
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1 Act is not subject to registration but is only subject to the
2 complaint procedure. However, any such livestock waste
3 lagoon found impacting groundwater shall be required to be
4 repaired, modified, or have procedures instituted so
5 groundwater is not negatively impacted.
6 If an investigation reveals groundwater has been
7 negatively impacted, the Department and Agency shall
8 cooperate with the owner or operator of the affected
9 livestock waste lagoon to provide a reasonable solution to
10 protect the groundwater.
11 Nothing in this Section shall limit the Agency's
12 authority under the Environmental Protection Act to
13 investigate and respond to violations of the Environmental
14 Protection Act or rules adopted under that Act.
15 (d) Livestock waste lagoon registration fee. The
16 livestock waste lagoon registration fee is $250 $50.
17 (d-5) (Blank). Reporting release of waste. An owner or
18 operator of a lagoon shall report to the Agency any release
19 of livestock waste from a lagoon within 24 hours after the
20 discovery of the release. The procedure for reporting
21 releases shall be adopted by the Agency by rule.
22 For a first violation of this subsection (d-5) by the
23 owner or operator of a livestock management facility or
24 livestock waste handling facility, the Department shall send
25 the owner or operator a written notice of the violation by
26 certified mail, return receipt requested.
27 If after an administrative hearing the Department finds
28 that the owner or operator of a livestock management facility
29 or livestock waste handling facility has committed a second
30 violation of this subsection (d-5), the Department shall
31 impose on the owner or operator a civil administrative
32 penalty in an amount not exceeding $1,000. The Attorney
33 General may bring an action in the circuit court to enforce
34 the collection of a penalty imposed under this subsection
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1 (d-5).
2 If after an administrative hearing the Department finds
3 that the owner or operator of a livestock management facility
4 or livestock waste handling facility has committed a third
5 violation of this subsection (d-5), the Department shall
6 enter an administrative order directing that the owner or
7 operator cease operation of the facility until the violation
8 is corrected.
9 If a livestock management facility or livestock waste
10 handling facility has not committed a violation of this
11 subsection (d-5) within the 5 years immediately preceding a
12 violation, the violation shall be construed and treated as a
13 first violation.
14 (e) Closure of livestock waste lagoons. When any earthen
15 livestock waste lagoon is removed from service, it shall be
16 completely emptied. Appropriate closure procedures shall be
17 followed as determined by rule. The remaining hole must be
18 filled. The closure requirements shall be completed within
19 two years from the date of cessation of operation unless the
20 lagoon is maintained or serviced. The Department may grant a
21 waiver to the before-stated closure requirements that will
22 permit the lagoon to be used for an alternative purpose.
23 Upon a change in ownership of a registered earthen
24 livestock waste lagoon, the owner shall notify the Department
25 of the change within 30 working days of the closing of the
26 transaction.
27 (f) Administrative authority. All actions of the
28 Department of Agriculture are subject to the Illinois
29 Administrative Procedure Act.
30 Any earthen livestock waste lagoon subject to
31 registration shall not begin operation until the owner or
32 operator of the lagoon has met the requirements of this Act.
33 The owner or operator of any earthen livestock waste
34 lagoon subject to registration that has not been registered
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1 or constructed in accordance with standards set forth in
2 subsection (a) of Section 15 shall, upon being identified as
3 such by the Department, be given written notice by the
4 Department to register and certify the lagoon within 10
5 working days of receipt of the notice. The Department may
6 inspect such lagoon and require compliance in accordance with
7 subsections (a) and (b) of this Section. If the owner or
8 operator of the livestock waste lagoon that is subject to
9 registration fails to comply with the notice, the Department
10 may issue a cease and desist order until such time as
11 compliance is obtained with the requirements of this Act.
12 Failure to construct the lagoon in accordance with the
13 construction plan and Department recommendations is a
14 business offense punishable by a fine of not more than
15 $5,000.
16 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
17 (510 ILCS 77/18 new)
18 Sec. 18. Reporting release of waste.
19 (a) An owner or operator of a livestock waste handling
20 facility shall report to the Agency any release of livestock
21 waste from a livestock waste handling facility or from the
22 transport of livestock waste within 24 hours after the
23 discovery of the release. Reporting shall not be required in
24 the case of a release of less than 25 gallons that is not
25 released to the waters of the State or from a controlled and
26 recovered release during field application. The procedure
27 for reporting releases shall be adopted by the Agency by
28 rule.
29 (b) For a first violation of failing to report a release
30 by the owner or operator of a livestock waste handling
31 facility, the Department shall send the owner or operator a
32 written notice of the violation by certified mail, return
33 receipt requested.
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1 (c) If, after an administrative hearing, the Department
2 finds that the owner or operator of a livestock waste
3 handling facility has committed a second violation of failing
4 to report a release, the Department shall impose on the owner
5 or operator a civil administrative penalty in an amount not
6 exceeding $1,000. The Attorney General may bring action in
7 the circuit court to enforce the collection of a penalty
8 imposed for failing to report a release.
9 (d) If, after an administrative hearing, the Department
10 finds that the owner or operator of a livestock waste
11 handling facility has committed a third violation of failing
12 to report a release, the Department shall enter an
13 administrative order directing that the owner or operator
14 cease operation of the facility until the violation is
15 corrected.
16 (e) If the owner or operator of a livestock waste
17 handling facility has not committed a violation of failing to
18 report a release within the 5 years immediately preceding a
19 violation, a violation shall be considered and treated as a
20 first violation.
21 (510 ILCS 77/20)
22 Sec. 20. Handling, storing and disposing of livestock
23 waste.
24 (a) The livestock management facility owner or operator
25 shall comply with the requirements for handling, storing, and
26 disposing of livestock wastes as set forth in the rules
27 adopted pursuant to the Illinois Environmental Protection Act
28 concerning agriculture related pollution.
29 (b) The livestock management facility owner or operator
30 at a facility of less than 500 1,000 animal units shall not
31 be required to prepare and maintain a waste management plan.
32 (c) The livestock management facility owner or operator
33 at a facility of 500 1,000 or greater animal units but less
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1 than 5,000 7,000 animal units shall prepare and maintain on
2 file at the livestock management facility a general waste
3 management plan. Notwithstanding this requirement, a
4 livestock management facility subject to this subsection may
5 be operated on an interim basis but not to exceed 6 months
6 after the effective date of the rules promulgated pursuant to
7 this Act to allow for the owner or operator of the facility
8 to develop a waste management plan. The waste management
9 plan shall be available for inspection during normal business
10 hours by Department personnel.
11 (d) The livestock management facility owner or operator
12 at a facility of 5,000 7,000 or greater animal units shall
13 prepare, maintain, and submit to the Department the waste
14 management plan for approval. Approval of the waste
15 management plan shall be predicated on compliance with
16 provisions of subsection (f). The waste management plan shall
17 be approved by the Department before operation of the
18 facility or in the case of an existing facility, the waste
19 management plan shall be submitted within 60 working days
20 after the effective date of the rules promulgated pursuant to
21 this Act.
22 The owner or operator of an existing livestock management
23 facility that through growth meets or exceeds 5,000 7,000
24 animal units shall file its waste management plan with the
25 Department within 60 working days after reaching the stated
26 animal units.
27 The owner or operator of a livestock management facility
28 that is subject to this subsection (d) shall file within 60
29 working days with the Department a revised waste management
30 plan when there is a significant change stated in subsection
31 (e) of this Section in items (1), (2), or (10) of subsection
32 (f) that will materially affect compliance with the waste
33 management plan.
34 (d-5) The owner or operator of multiple livestock
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1 management facilities under common facility ownership where
2 the cumulative animal units of the facilities are equal to or
3 greater than the animal unit numbers of subsection (c) of
4 this Section shall prepare and keep on file at each facility
5 a waste management plan in accordance with the requirements
6 of subsection (c). The owner or operator of multiple
7 livestock management facilities that are under common
8 facility ownership where the cumulative animal units of the
9 facilities are equal to or greater than the animal unit
10 numbers in subsection (d) of this Section shall prepare and
11 file with the Department a waste management plan in
12 accordance with the provisions of subsection (d). Cumulative
13 animal units shall be determined by combining the animal
14 units of multiple livestock management facilities under
15 common facility ownership based upon the design capacity of
16 each facility. For the purposes of this subsection (d-5),
17 "under common facility ownership" means the same person or
18 persons own at least 51% of the entity that owns the
19 buildings housing the livestock and that the facilities are
20 located in the State of Illinois.
21 (e) The owner or operator of a livestock management
22 facility shall update the waste management plan when there is
23 change in the values shown in the plan in item (1) of
24 subsection (f) of this Section. The waste management plan
25 shall also be revised when there is a change in the method of
26 disposal of animal waste or when the available nitrogen value
27 exceeds the variability range for nitrogen set forth in
28 subsection (f) of this Section. The waste management plan and
29 three years.
31 (f) The application of livestock waste to the land is an
32 acceptable, recommended, and established practice in
33 Illinois. However, when livestock waste is not applied in a
34 responsible manner, it may create pollution pollutional
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1 problems. It should be recognized that research relative to
2 agronomically appropriate livestock waste application rates
3 based on manure nutrient content is currently ongoing. The
4 Department, in consultation with the Livestock Management
5 Facilities Advisory Committee, shall, on January 1, 2000 and
6 annually thereafter, report to the General Assembly on the
7 status of such research with the objective of developing
8 standards relative to the use of phosphorus as the limiting
9 nutrient for the agronomic application of livestock waste to
10 cropland. The report shall include specific recommendations
11 for potential changes to this Act. It should be recognized
12 that, in most cases, if the agronomic nitrogen rate is met,
13 the phosphorus applied will exceed the crop requirements, but
14 not all of the phosphorus may be available for use by the
15 crop. In the interim, it will be considered acceptable,
16 therefore, to prepare and implement a waste management plan
17 based on the nitrogen rate, unless otherwise mandated by
18 federal law or federal regulation. The waste management plan
19 shall include the following:
20 (1) An estimate of the volume of livestock waste to
21 be disposed of annually obtained by multiplying the
22 design capacity of the facility by the appropriate amount
23 of waste generated by the animals. The values showing
24 the amount of waste generated in Table 2-1, Midwest Plan
25 Services, MWPS-18, Livestock Waste Facilities Handbook
26 may be used.
27 (2) The number of acres available for disposal of
28 the waste.
29 (3) An estimate of the nutrient value of the waste.
30 The owner or operator may prepare and maintain a plan
31 based on table values derived from Midwest Plan Services,
32 MWPS-18, Livestock Waste Facilities Handbook, the
33 Agency's Agriculture Related Pollution regulations, or
34 the results of analysis performed on samples of waste.
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1 For the purposes of compliance with this subsection, the
2 nutrient values of livestock waste may vary as indicated
3 in the source table. In the case of laboratory analytical
4 results, the nutrient values may vary with the accuracy
5 of the analytical method.
6 (4) An indication that the livestock waste will be
7 applied at rates not to exceed the agronomic nitrogen
8 demand of the crops to be grown when averaged over a
9 5-year period.
10 (5) A provision that livestock waste applied within
11 1/4 mile of any residence not part of the facility shall
12 be injected or incorporated on the day of application.
13 However, livestock management facilities and livestock
14 waste handling facilities that have irrigation systems in
15 operation prior to the effective date of this Act or
16 existing facilities applying waste on frozen ground are
17 not subject to the provisions of this item (5).
18 (6) A provision that livestock waste may not be
19 applied within 200 feet of surface water unless the water
20 is upgrade or there is adequate diking, and waste will
21 not be applied within 150 feet of potable water supply
22 wells.
23 (7) A provision that livestock waste may not be
24 applied in a 10-year flood plain unless the injection or
25 incorporation method of application is used.
26 (8) A provision that livestock waste may not be
27 applied in waterways.
28 (9) A provision that if waste is spread on frozen
29 or snow-covered land, the application will be limited to
30 land areas on which:
31 (A) land slopes are 5% or less, or
32 (B) adequate erosion control practices exist.
33 (10) Methods for disposal of animal waste.
34 (g) Any person who is required to prepare and maintain a
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1 waste management plan and who fails to do so shall be issued
2 a warning letter by the Department for the first violation
3 and shall be given 30 working days to prepare a waste
4 management plan. For failure to prepare and maintain a waste
5 management plan, the person shall be fined an administrative
6 penalty of up to $1,000 by the Department and shall be
7 required to enter into an agreement of compliance to prepare
8 and maintain a waste management plan within 30 working days.
9 For failure to prepare and maintain a waste management plan
10 after the second 30 day period or for failure to enter into a
11 compliance agreement, the Department may issue an operational
12 cease and desist order until compliance is attained.
13 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
14 (510 ILCS 77/35)
15 Sec. 35. Setbacks for livestock management and livestock
16 handling facilities.
17 (a) Grandfather provision; facilities in existence prior
18 to July 15, 1991. Livestock management facilities and
19 livestock waste handling facilities in existence prior to
20 July 15, 1991 shall comply with setbacks in existence prior
21 to July 15, 1991, as set forth in the Illinois Environmental
22 Protection Act and rules promulgated under that Act.
23 (b) Grandfather provision; facilities in existence on
24 effective date and after July 15, 1991. Livestock management
25 facilities and livestock waste handling facilities in
26 existence on the effective date of this Act but after July
27 15, 1991 shall comply with setbacks in existence prior to the
28 effective date of this Act, as set forth in the Illinois
29 Environmental Protection Act and rules promulgated under that
30 Act.
31 (c) New livestock management or livestock waste handling
32 facilities. Any new facility shall comply with the following
33 setbacks:
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1 (1) For purposes of determining setback distances,
2 minimum distances shall be measured from the nearest
3 corner of the residence or place of common assembly to
4 the nearest corner of the earthen waste lagoon or
5 livestock management facility, whichever is closer.
6 (2) A livestock management facility or livestock
7 waste handling facility serving less than 50 animal
8 units shall be exempt from setback distances as set forth
9 in this Act but shall be subject to rules promulgated
10 under the Illinois Environmental Protection Act.
11 (3) For a livestock management facility or waste
12 handling facility serving 50 or greater but less than
13 1,000 animal units, the minimum setback shall be 1/4 mile
14 from the nearest occupied non-farm residence and 1/2 mile
15 from the nearest populated area.
16 (4) For a livestock management facility or
17 livestock waste handling facility serving 1,000 or
18 greater but less than 7,000 animal units, the setback is
19 as follows:
20 (A) For a populated area, the minimum setback
21 shall be increased 440 feet over the minimum setback
22 of 1/2 mile for each additional 1,000 animal units
23 over 1,000 animal units.
24 (B) For any occupied residence, the minimum
25 setback shall be increased 220 feet over the minimum
26 setback of 1/4 mile for each additional 1,000 animal
27 units over 1,000 animal units.
28 (5) For a livestock management facility or
29 livestock waste handling facility serving 7,000 or
30 greater animal units, the setback is as follows:
31 (A) For a populated area, the minimum setback
32 shall be 1 mile.
33 (B) For any occupied residence, the minimum
34 setback shall be 1/2 mile.
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1 (d) Requirements governing the location of a new
2 livestock management facility and new livestock
3 waste-handling facility and conditions for exemptions or
4 compliance with the maximum feasible location as provided in
5 rules adopted pursuant to the Illinois Environmental
6 Protection Act concerning agriculture regulated pollution
7 shall apply to those facilities identified in subsections (b)
8 and (c) of this Section. With regard to the maximum feasible
9 location requirements, any reference to a setback distance in
10 the rules under the Illinois Environmental Protection Act
11 shall mean the appropriate distance as set forth in this
12 Section.
13 (e) Setback category shall be determined by the design
14 capacity in animal units of the livestock management
15 facility.
16 (f) Setbacks may be decreased when innovative designs as
17 approved by the Department are incorporated into the
18 facility.
19 (g) A setback may be decreased when waivers are obtained
20 from owners of residences that are occupied and located in
21 the setback area.
22 (Source: P.A. 89-456, eff. 5-21-96.)
23 (510 ILCS 77/100)
24 Sec. 100. Livestock waste management facilities and
25 livestock waste handling facilities under this Act shall be
26 subject to penalties and liability for any violations under
27 the Environmental Protection Act. Nothing in this Act shall
28 be construed as a limitation or preemption of any statutory
29 or regulatory authority under the Illinois Environmental
30 Protection Act.
31 (Source: P.A. 89-456, eff. 5-21-96.)
32 Section 99. Effective date. This Act takes effect upon
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1 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 510 ILCS 77/10.24 new
4 510 ILCS 77/10.26 new
5 510 ILCS 77/11 new
6 510 ILCS 770/12 new
7 510 ILCS 77/13 new
8 510 ILCS 77/14 new
9 510 ILCS 77/15
10 510 ILCS 77/18 new
11 510 ILCS 77/20
12 510 ILCS 77/35
13 510 ILCS 77/100