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91_HB0288
LRB9101513LDsb
1 AN ACT to amend the Livestock Management Facilities Act
2 by changing Sections 15 and 20 and by adding Sections 10.24,
3 10.26, 11, 12, 12.1, 13, 18, and 54.
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 and 20 and by adding Sections
8 10.24, 10.26, 11, 12, 12.1, 13, 18 and 54 as follows:
9 (510 ILCS 77/10.24 new)
10 Sec. 10.24. Karst area. "Karst area" means an area with
11 a land surface containing sinkholes, large springs, disrupted
12 land drainage, and underground drainage systems associated
13 with karstified carbonate bedrock and caves or a land surface
14 without these features but containing a karstified carbonate
15 bedrock unit generally overlain by less than 60 feet of
16 unconsolidated materials.
17 (510 ILCS 77/10.26 new)
18 Sec. 10.26. Karstified carbonate bedrock. "Karstified
19 carbonate bedrock" means a carbonate bedrock unit (limestone
20 or dolomite) that has a pronounced conduit or secondary
21 porosity due to dissolution of the rock along joints,
22 fractures, or bedding plains.
23 (510 ILCS 77/11 new)
24 Sec. 11. Filing notice of intent to construct and
25 construction data; registration of facilities.
26 (a) An owner or operator shall file a notice of intent
27 to construct for a livestock management facility or livestock
28 waste handling facility with the Department prior to
29 construction to establish a base date, which shall be valid
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1 for one year, for determination of setbacks in compliance
2 with setback distances or, in the case of construction that
3 is not a new facility, with the maximum feasible location
4 requirements of Section 35 of this Act.
5 (b) For a livestock waste handling facility that is not
6 subject to Section 12 of this Act, a construction plan of the
7 waste handling structure with design specifications of the
8 structure noted as prepared by or for the owner or operator
9 shall be filed with the Department at least 10 calendar days
10 prior to the anticipated dates of construction. Upon receipt
11 of the notice of intent to construct form or the construction
12 plan, the Department shall review the documents to determine
13 if all information has been submitted or if clarification is
14 needed. The Department shall, within 15 calendar days of
15 receipt of a notice of intent to construct or the
16 construction plan, notify the owner or operator that
17 construction may begin or that clarification is needed.
18 (c) For a livestock waste handling facility that is
19 subject to Section 12 of this Act, a completed registration
20 shall be filed with the Department at least 37 calendar days
21 prior to the anticipated dates of construction. The
22 registration shall include the following: (i) name and
23 address of the owner and operator of the livestock waste
24 handling facility; (ii) a general description of the
25 livestock waste handling structure and the type and number of
26 the animal units of livestock it serves; (iii) the
27 construction plan of the waste handling structure with design
28 specifications of the structure noted as prepared by or for
29 the owner or operator, and (iv) anticipated dates of
30 construction. The Department shall within 15 calendar days
31 of receipt of the registration form, notify the person
32 submitting the form that the registration is complete or that
33 clarification information is needed.
34 (d) Any person who fails to file a notice of intent to
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1 construct form or construction plans with the Department
2 prior to commencing construction, upon being discovered by
3 the Department, shall be notified and given a 10 business day
4 period to file the appropriate forms. If a person fails to
5 file the forms within 10 business days of receipt of the
6 Department's notice, the Department shall hold an
7 administrative hearing. The administrative law judge, upon
8 determination of a failure to file the appropriate form
9 within 10 business days after notice from the Department, may
10 assess a monetary penalty of no more than $500 and shall
11 order that person to file the appropriate form. If, after
12 receiving the administrative law judge's order to file, a
13 person fails to file the appropriate form with the
14 Department, the Department shall file a request for
15 injunction to prohibit the operation of the facility until
16 the person is in compliance with this Act.
17 (510 ILCS 77/12 new)
18 Sec. 12. Public informational meeting.
19 (a) The General Assembly recognizes that actual
20 management practices for operating a livestock waste handling
21 facility may vary from day to day due to economic conditions,
22 weather conditions, and the demands of the enterprise as well
23 as the demands of other enterprises associated with the
24 entity. To enhance public understanding, the owner or
25 operator of a livestock waste handling facility that is
26 subject to this Section shall inform the public and the
27 county board generally about construction standards and
28 proposed plans for operating to minimize the likelihood of
29 environmental damage to the surrounding area from spills,
30 runoff, and leaching. A facility's management practices for
31 operating a livestock waste handling facility are not
32 intended to be used as an enforcement document for
33 determining violations.
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1 (b) The Illinois General Assembly finds that the presence
2 of odor is an inherent characteristic of animal enterprises
3 and that the detection of such odor does not per se
4 constitute air pollution. Eliminating all odors from animal
5 enterprises is generally not technically nor economically
6 feasible, but odor nuisance problems may be minimized by
7 properly storing and applying livestock waste. Odor nuisance
8 is generally defined by the following 4 factors: (i)
9 frequency, (ii) intensity, (iii) duration, and (iv)
10 offensiveness.
11 Odor sensation is a personal response. Odor observers are
12 not equally sensitive, nor do they always agree as to the
13 severity of an odor once it is detected. Odor fluctuates with
14 climatic conditions, such as wind direction, temperature, and
15 atmospheric stability. Because climatic conditions and
16 changes in daily practices do vary, a proposed plan for odor
17 control is an important management tool in focusing an
18 operator's thinking concerning methods of minimizing odor
19 nuisance complaints, however, the actual determination by the
20 Agency of when pollution is occurring is set forth in the
21 Illinois Environmental Protection Act.
22 (c) Beginning on the effective date of this amendatory
23 Act of 1999, within 7 calendar days after receiving a
24 completed registration form for any new livestock waste
25 handling facility (lagoon or non-lagoon), management
26 facility, or livestock waste handling facility serving 1,000
27 or more animal units, the Department shall send a copy of the
28 notice of intent to construct form by certified mail, return
29 receipt requested, to the county board of the county in which
30 the facility is or will be located.
31 (d) After receiving a copy of the notice from the
32 Department, the county board may, at its discretion and
33 within 30 calendar days after receipt of the notice, request
34 that the Department conduct an informational meeting
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1 concerning the proposed construction of a facility that is
2 subject to this Section. In addition, during the county
3 board's 30-day review period, residents of the county where
4 the proposed new facility that is subject to this Section
5 will be located may petition the county board to request that
6 the Department conduct an informational meeting. When
7 petitioned by 75 or more of the county's residents who are
8 registered voters, the county board shall request that the
9 Department conduct an informational meeting. If the county
10 board requests that the Department conduct the informational
11 meeting, the Department shall conduct the informational
12 meeting within 30 calendar days of receipt of the county
13 board's request. If the Department conducts such a meeting,
14 it shall cause notice of the meeting to be published in a
15 newspaper of general circulation in the county or in the
16 State newspaper at least 10 calendar days before the meeting.
17 The owner or operator who submitted the notice of intent to
18 construct to the Department shall appear at the meeting. At
19 the meeting, the Department shall afford members of the
20 public an opportunity to ask questions and present oral or
21 written comments concerning the proposed construction. The
22 county board shall submit at the informational meeting or
23 within 30 days following the meeting an advisory, non-binding
24 recommendation to the Department about the proposed new
25 facility's construction in accordance with the applicable
26 requirements of this Act.
27 (e) When the county board requests an informational
28 meeting, construction shall not begin until after:
29 (1) the informational meeting has been held;
30 (2) the Department has reviewed the county board's
31 recommendation and replied to the recommendation
32 indicating whether the proposed new livestock waste
33 handling facility will be in compliance with the
34 requirements of the Act; and
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1 (3) the owner or operator who submitted the notice
2 of intent to construct has received the Department's
3 notice that all applicable requirements of this Act have
4 been met.
5 (f) At the informational meeting the Department of
6 Agriculture shall solicit information by testimony or
7 otherwise regarding the following subjects:
8 (1) the proposed facility's registration (lagoon or
9 non-lagoon) and livestock waste management plan
10 requirements;
11 (2) whether the proposed facility design, location,
12 or proposed operation will be consistent with this Act;
13 (3) whether the proposed facility location
14 minimizes any incompatibility with the surrounding area's
15 character by being located in an area zoned for
16 agriculture where the county has zoning or, where the
17 county is not zoned, the setback requirements established
18 by this Act are complied with;
19 (4) whether the proposed facility is located within
20 a 100-year floodplain or an otherwise environmentally
21 sensitive area (defined as an area of karst topography or
22 with aquifer material within 5 feet of the bottom of the
23 livestock waste handling facility), and whether
24 construction standards set forth in the lagoon or
25 non-lagoon registration form are consistent with
26 minimizing environmental problems in the area;
27 (5) whether the proposed facility's plans for
28 operation minimize the likelihood of environmental damage
29 to the surrounding area from spills, runoff, and
30 leaching;
31 (6) whether the proposed facility's plans for odor
32 control are reasonable and incorporate reasonable or
33 innovative odor reduction technologies given the current
34 state of such technologies;
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1 (7) whether the plans to deal with traffic patterns
2 minimize the effect on existing traffic flow; and
3 (8) whether applicable zoning and setback
4 requirements of this Act are met by the construction or
5 modification and are consistent with existing community
6 growth, tourism, recreation, or economic development or
7 with specific projects involving community growth,
8 tourism, recreation, or economic development that have
9 been identified by government action for development or
10 operation within one year.
11 (g) This subsection (g) is to be used by the owner or
12 operator for guidance in addressing the information meeting
13 relative to subsection (f)(5) of this Section.
14 (1) In accordance with the legislative intent in
15 subsection (a) of this Section, the owner or operator of
16 a new livestock waste handling facility subject to this
17 Section shall identify practices intended to be used
18 relating to the proper storage of livestock waste at the
19 facility.
20 (A) Non-lagoon livestock waste handling
21 facility. The proper design and construction of a
22 non-lagoon livestock waste handling facility is the
23 primary method for protecting the environment from
24 stored livestock waste. A non-lagoon livestock waste
25 handling facility shall be designed and constructed
26 in accordance with the requirements of Section 13.
27 The construction plan with design specifications of
28 the structure or manufacturer's specification that
29 indicates the structure will meet the standards
30 required in Section 13 for the protection of the
31 environment shall constitute the design and physical
32 environmental protection actions portion of a
33 proposed facility's plans for operation for the
34 informational meeting requirement in this Section.
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1 (B) Animal feeding operations. Animal feeding
2 operations shall have adequate diversions, dikes,
3 walls, or curbs that will prevent excessive outside
4 surface runoff waters from flowing through the
5 animal feeding operation and will direct runoff to
6 an appropriate disposal, holding, or storage area.
7 The diversions are required on all structures under
8 this subparagraph (B) unless there is negligible
9 outside surface water that can flow through the
10 facility or the runoff is tributary to an acceptable
11 disposal area of a livestock waste handling
12 facility. The construction plan with design
13 specifications of the structures shall constitute
14 the design and physical environmental protection
15 actions portion of a proposed facility's plans for
16 the information meeting requirement in this Section
17 12.
18 (C) Livestock waste lagoons, if applicable.
19 Construction standards and management procedures and
20 practices governing the proper operation of an
21 earthen livestock waste lagoon shall comply with
22 Section 15 of this Act and Subpart B of the
23 Livestock Waste Regulations (35 IAC 506). The
24 certification of construction according to standards
25 and the operational procedures set forth in Subpart
26 B of the Livestock Waste Regulations shall
27 constitute the physical protective actions and
28 operational requirement portions of a proposed
29 facility's plans for the informational meeting
30 requirement in this Section 12.
31 (D) Temporary livestock waste stacks, if
32 applicable. Temporary livestock waste stacks shall
33 be constructed in a manner to prevent waste and
34 leachate from entering surface or groundwater and no
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1 closer than 100 feet from a water well.
2 (2) The owner or operator of a proposed new
3 livestock waste handling facility subject to this Section
4 shall identify practices relating to the field
5 application of livestock waste by the owner or operator
6 of the livestock waste handling facility on land owned or
7 under the control of the owner or operator. The owner or
8 operator shall identify the proposed method of disposal,
9 an estimate of the amount of livestock waste to be
10 generated, and an estimate of the amount of land area
11 that will be needed for the proper application of the
12 livestock waste at a rate not to exceed the agronomic
13 rate set forth in Section 20 of this Act or a general
14 description of an alternate method of disposal. The
15 estimated information on waste management that was
16 prepared for the informational meeting shall constitute
17 the waste management portion of the proposed facility's
18 plans for the informational meeting requirement in this
19 Section.
20 (h) This subsection (h) is to be used by the owner or
21 operator for guidance in addressing the information meeting
22 relative to subsection (f)(6) of this Section. At the
23 informational meeting, the owner or operator of a proposed
24 new livestock waste handling facility subject to this Section
25 shall identify practices or innovative technology for
26 minimizing odors generated during the storage and field
27 application of livestock waste at the facility on land owned
28 or controlled by the owner or operator. The proposed plan
29 for minimizing odor to be presented at the informational
30 meeting may consider the items in this subsection (h) that
31 are applicable to their sites and operations.
32 (1) Methods to minimize odor from the storage of
33 livestock waste at a livestock waste handling facility
34 shall include the following:
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1 (i) Separation distance. A primary practice
2 for odor control is the separation of the livestock
3 waste handling facility from neighboring residences
4 and populated areas. The construction of a new or
5 expanded livestock waste handling facility shall be
6 located so as to comply with the appropriate setback
7 distance as set forth in Section 35 of this Act.
8 (ii) Site conditions. Site specific
9 considerations relating to local geographical
10 conditions, topography, and meteorologic conditions
11 may be considered by the owner or operator in odor
12 control, for example, hills or wooded areas to
13 separate the livestock waste handling facility from
14 neighbors and populated areas and to aid in the
15 diffusion of air leaving the facility.
16 (iii) Windbreaks. Use of windbreaks or visual
17 screens such as a row of trees or buildings to aid
18 in maintaining a healthy livestock environment and
19 aid with the diffusion of air.
20 (iv) Other methods. Other methods that the
21 owner or operator may elect to implement to minimize
22 odor from the storage of livestock waste and which
23 may be appropriate for the type of facility and
24 specific site conditions, such as:
25 (I) Management practices that are
26 identified in "Techniques to minimize the
27 formation of manure odors" and "Managing animal
28 enterprises for odor control" (Subsections 5
29 and 6 of "Control of Manure Odors", ASAE
30 EP379.2 (November 1997), and later updates).
31 (II) Use of enzyme supplementation,
32 biological introduction, or other nutritional
33 manipulation to affect odor from livestock
34 waste.
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1 (III) Innovative technology and practices
2 that minimize odor from stored livestock waste.
3 (IV) Alternative methods of handling
4 livestock waste.
5 (v) Methods based on peer review. Odor control
6 management guidelines based on scientific peer
7 review.
8 (2) Methods to minimize odor from field application
9 of livestock waste by the owner or operator of the
10 livestock waste handling facility on land owned or under
11 the control of the owner or operator as follows:
12 (i) To aid in drying, avoid excessive
13 application. Livestock waste shall be applied at a
14 rate not to exceed the agronomic rate specified in
15 Section 20(f) of this Act.
16 (ii) Livestock waste applied within 1/4 mile
17 of any residence not part of the facility shall be
18 injected or incorporated on the day of application
19 when required in Section 20(f) of this Act.
20 (iii) Other management practices that the
21 owner or operator of the livestock waste handling
22 facility elects to implement during field
23 application, such as:
24 (I) Avoiding spreading livestock waste on
25 weekends and holidays when people are likely to
26 be engaged in outdoor activities.
27 (II) Spreading manure in the morning
28 while the air is warming up and rising.
29 (III) Avoiding spreading when wind would
30 blow odors toward populated areas.
31 (IV) Spreading livestock waste in cooler
32 weather.
33 (V) Incorporating livestock waste into
34 the soil during or after application by
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1 injection or other methods of incorporation,
2 such as disking or plowing.
3 (VI) Using equipment that minimizes odor
4 dispersal, such as low trajectory spreading
5 equipment.
6 (VII) Other management practices as
7 identified in "Techniques to minimize the
8 formation of manure odors" and "Managing animal
9 enterprises for odor control" (Subsections 5
10 and 6 of "Control of Manure Odors", ASAE
11 EP379.2 (November 1997), and later updates).
12 (3) Methods to minimize odor from disposing of
13 livestock waste other than by field application, if
14 applicable.
15 (4) Methods to minimize odor from livestock waste
16 lagoons shall be as set forth in paragraph (b) of Section
17 25 of this Act.
18 (510 ILCS 77/12.1 new)
19 Sec.12.1. Final determination.
20 (a) For a period of 30 calendar days immediately after
21 the informational meeting, the owner or operator or the
22 county board may submit to the Department final comments
23 relative to the proposed facility.
24 (b) Within 15 calendar days of the close of the comment
25 period in paragraph (a) of this Section, the Department shall
26 determine if, more likely than not, the provisions of the Act
27 have been met and shall send notice to the applicant
28 indicating that construction may proceed. When no
29 informational meeting is held, the Department shall, within
30 15 calendar days following the end of the period for the
31 county board to request an informational meeting, notify the
32 owner or operator that construction may begin or that
33 clarification is needed.
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1 (c) If the Department finds that the proposed facility
2 is not in compliance with the Act, within 10 business days
3 the Department shall notify the owner or operator of the
4 specific deficiencies of non-compliance of the Act. The owner
5 or operator may reply or may request a meeting to discuss the
6 discrepancies. The owner or operator may negotiate an
7 agreement to reach compliance with the Act or, if no
8 agreement can be reached, the Department shall within 10
9 business days issue an order disapproving the construction of
10 the proposed facility with specific details of non-compliance
11 with the Act.
12 (d) If the owner or operator of a proposed livestock
13 management facility or livestock waste handling facility
14 amends the facility plans during the Department's review
15 process by the proposed addition of a livestock waste lagoon,
16 the Department shall notify the county board, which may
17 exercise its option of a public informational meeting
18 pursuant to Section 12 of this Act.
19 (e) If the owner or operator of a proposed new livestock
20 management facility or new livestock waste handling facility
21 amends the facility plans during the Department's review
22 process by increasing the animal unit capacity of the
23 facility such that the required setback distances will be
24 increased, the owner or operator shall submit a revised
25 notice of intent to construct and comply with applicable
26 provisions of this Section.
27 (510 ILCS 77/13 new)
28 Sec. 13. Construction standards for livestock waste
29 handling facilities other than earthen livestock waste
30 lagoons; certification; inspection; closure requirements.
31 (a) After the effective date of this amendatory Act of
32 1999, livestock waste handling facilities other than earthen
33 livestock waste lagoons used for the storage of livestock
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1 waste shall be constructed in accordance with this Section.
2 (1) Livestock waste handling facilities constructed
3 of concrete shall meet the strength and load factors set
4 forth in the Midwest Plan Service's Concrete Manure
5 Storages Handbook (MWPS-36) and future updates. In
6 addition, those structures shall meet the following
7 requirements:
8 (A) Waterstops shall be incorporated into the
9 design of the storage structure when consistent with
10 the requirements of paragraph (1) of this
11 subsection;
12 (B) Storage structures that handle waste in a
13 liquid form shall be designed to contain a volume of
14 not less than the amount of waste generated during
15 150 days of facility operation at design capacity;
16 and
17 (C) Storage structures not covered or
18 otherwise protected from precipitation shall, in
19 addition to the waste storage volume requirements of
20 subparagraph (B) of paragraph (1) of this
21 subsection, include a 2-foot freeboard.
22 (2) A livestock waste handling facility in a
23 prefabricated form shall meet the strength, load, and
24 compatibility factors for its intended use. Those
25 factors shall be verified by the manufacturer's
26 specifications.
27 (3) Livestock waste handling facilities holding
28 semi-solid livestock waste, including but not limited to
29 picket dam structures, shall be constructed according to
30 the requirements set forth in the Midwest Plan Service's
31 Livestock Waste Facilities Handbook (MWPS-18) and future
32 updates or similar standards used by the Natural
33 Resources Conservation Service of the United States
34 Department of Agriculture.
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1 (4) Livestock waste handling facilities holding
2 solid livestock waste shall be constructed according to
3 the requirements set forth in the Midwest Plan Service's
4 Livestock Waste Facilities Handbook (MWPS-18) and future
5 updates or similar standards used by the Natural
6 Resources Conservation Service of the United States
7 Department of Agriculture. In addition, solid livestock
8 waste stacking structures shall be sized to store not
9 less than the amount of waste generated during 6 months
10 of facility operation at design capacity.
11 (5) Holding ponds used for the temporary storage of
12 livestock feedlot run-off shall be constructed according
13 to the requirements set forth in the Midwest Plan
14 Service's Livestock Waste Facilities Handbook (MWPS-18)
15 and future updates or similar standards used by the
16 Natural Resources Conservation Service of the United
17 States Department of Agriculture.
18 (b) New livestock management facilities and livestock
19 waste handling facilities constructed after the effective
20 date of this amendatory Act of 1999 shall be subject to the
21 additional construction requirements and siting prohibitions
22 provided in this subsection (b).
23 (1) No new non-lagoon livestock management facility
24 or livestock waste handling facility may be constructed
25 within the floodway of a 100-year floodplain. A new
26 livestock management facility or livestock waste handling
27 facility may be constructed within the portion of a
28 100-year floodplain that is within the flood fringe and
29 outside the floodway provided that the facility is
30 designed and constructed to be protected from flooding.
31 The delineation of floodplains, floodways, and flood
32 fringes shall be in compliance with the National Flood
33 Insurance Program. Protection from flooding shall be
34 consistent with the National Flood Insurance Program and
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1 shall be designed so that stored livestock waste is not
2 readily removed.
3 (2) A new non-lagoon livestock waste handling
4 facility constructed in a karst area shall be designed to
5 prevent seepage of the stored material into groundwater
6 in accordance with ASAE 393.2 or future updates. Owners
7 or operators of proposed facilities should consult with
8 the local soil and water conservation district, the
9 University of Illinois Cooperative Extension Service, or
10 other local, county, or State resources relative to
11 determining the possible presence or absence of such
12 areas. Notwithstanding the other provisions of this
13 subdivision (b)(2), after the effective date of this
14 amendatory Act of 1999, no non-lagoon livestock waste
15 handling facility may be constructed within any natural
16 depression in a karst area formed as a result of
17 subsurface removal of soil or rock materials that has
18 caused the formation of a collapse feature that exhibits
19 internal drainage. For the purposes of this subdivision
20 (b)(2), the existence of such a natural depression in a
21 karst area shall be indicated by the uppermost closed
22 depression contour lines on a USGS 7 1/2 minute
23 quadrangle topographic map or as determined by Department
24 field investigation in a karst area.
25 (3) A new non-lagoon livestock waste handling
26 facility constructed in an area where aquifer material is
27 present within 5 feet of the bottom of the facility shall
28 be designed to ensure the structural integrity of the
29 containment structure and to prevent seepage of the
30 stored material to groundwater. Footings and underlying
31 structure support shall be incorporated into the design
32 standards of the storage structure in accordance with the
33 requirements of Section 4.1 of the American Society of
34 Agricultural Engineers (ASAE) EP 393.2 or future updates.
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1 (c) A livestock waste handling facility owner may rely
2 on guidance from the local soil and water conservation
3 district, the Natural Resources Conservation Service of the
4 United States Department of Agriculture, or the University of
5 Illinois Extension (formerly known as the Cooperative
6 Extension Service) for soil type and associated information.
7 (d) No requirements other than those provided in
8 subsections (a) and (b) may be imposed by the Department on
9 the construction or operation of a livestock management
10 facility or waste handling facility other than an earthen
11 livestock waste lagoon, except as provided in this Act.
12 (e) The owner or operator of a livestock management
13 facility or livestock waste handling facility may, with the
14 approval of the Department, elect to exceed the strength and
15 load requirements as set forth in this Section.
16 (f) The owner or operator of a livestock management
17 facility or livestock waste handling facility shall send, by
18 certified mail or in person, to the Department a
19 certification of compliance together with copies of
20 verification documents upon completion of construction. In
21 the case of structures constructed with the design standards
22 used by the Natural Resources Conservation Service of the
23 United States Department of Agriculture, copies of the design
24 standards and a statement of verification signed by a
25 representative of the United States Department of Agriculture
26 shall accompany the owner's or operator's certification of
27 compliance. The certification shall state that the structure
28 meets or exceeds the requirements in subsection (a) of this
29 Section. A $250 filing fee shall accompany the statement.
30 (g) The Department shall inspect the construction site
31 prior to construction, during construction, and within 10
32 business days following receipt of the certification of
33 compliance to determine compliance with the construction
34 standards.
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1 (h) The Department shall require modification when
2 necessary to bring the construction into compliance with the
3 standards set forth in this Section. The person making the
4 inspection shall discuss with the owner, operator, or
5 certified livestock manager an evaluation of the livestock
6 waste handling facility construction and shall (i) provide
7 on-site written recommendations to the owner, operator, or
8 certified livestock manager of what modifications are
9 necessary or (ii) inform the owner, operator, or certified
10 livestock manager that the facility meets the standards set
11 forth in this Section. On the day of the inspection, the
12 person making the inspection shall give the owner, operator,
13 or certified livestock manager a written report of findings
14 based on the inspection together with an explanation of
15 remedial measures necessary to enable the livestock waste
16 handling facility to meet the standards set forth in this
17 Section. The Department shall, within 5 business days of the
18 date of inspection, send an official written notice to the
19 owner or operator of the livestock waste handling facility by
20 certified mail, return receipt requested indicating that the
21 facility meets the standards set forth in this Section or
22 identifying the remedial measures necessary to enable the
23 livestock waste handling facility to meet the standards set
24 forth in this Section. The owner or operator shall, within
25 10 business days of receipt of an official written notice of
26 deficiencies, contact the Department to develop the
27 principles of an agreement of compliance. The owner or
28 operator and the Department shall enter into an agreement of
29 compliance setting forth the specific changes to be made to
30 bring the construction in compliance with the standards
31 required under this Section. If an agreement of compliance
32 cannot be achieved, the Department shall issue a compliance
33 order to the owner or operator outlining the specific changes
34 to be made to bring the construction in compliance with the
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1 standards required under this Section. The owner or operator
2 can request an administrative hearing to contest the
3 provisions of the Department's compliance order.
4 (j) If any owner or operator operates in violation of an
5 agreement of compliance, the Department shall seek an
6 injunction in circuit court to prohibit the operation of the
7 facility until construction and certification of the
8 livestock waste handling facility are in compliance with the
9 provisions of this Section.
10 (k) When any livestock management facility not using an
11 earthen livestock waste lagoon is removed from service, the
12 accumulated livestock waste remaining within the facility
13 shall be removed and applied to land at rates consistent with
14 a waste management plan for the facility. Removal of the
15 waste shall occur within 12 months after the date livestock
16 production at the facility ceases. In addition, the owner or
17 operator shall make provisions to prevent the accumulation of
18 precipitation within the livestock waste handling facility.
19 Upon completion of the removal of manure, the owner or
20 operator of the facility shall notify the Department that the
21 facility is being removed from service and the remaining
22 manure has been removed. The Department shall conduct an
23 inspection of the livestock waste handling facility and
24 inform the owner or operator in writing that the closure
25 requirements have been met or that additional actions are
26 necessary to complete closure. Commencement of operations at
27 a facility that has livestock shelters left intact and that
28 has completed the aforementioned closure requirements and
29 that has been operated as a livestock management facility or
30 livestock waste handling facility for 4 consecutive months at
31 any time within the previous 10 years shall not be considered
32 a new or expanded livestock management or waste handling
33 facility.
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1 (510 ILCS 77/15)
2 Sec. 15. Livestock waste lagoon.
3 (a) Standards for livestock waste lagoon construction.
4 Any earthen livestock waste lagoon subject to registration
5 shall be constructed or modified in accordance with "Design
6 of Anaerobic Lagoons for Animal Waste Management" promulgated
7 by the American Society of Agricultural Engineers or the
8 national guidelines as published by the United States
9 Department of Agriculture Natural Resource Conservation
10 Service in Illinois and titled Waste Treatment Lagoon. The
11 owner or operator of the earthen livestock lagoon may, with
12 approval from the Department, modify or exceed these
13 standards in order to meet site specific objectives.
14 Notwithstanding any other requirement of this subsection,
15 every earthen livestock waste lagoon shall include the
16 construction of a secondary berm, filter strip, grass
17 waterway, or terrace, or any combination of those, outside
18 the perimeter of the primary berm if an engineer licensed
19 under the Professional Engineering Practice Act of 1989 and
20 retained by the registrant determines, with the concurrence
21 of the Department, that construction of such a secondary berm
22 or other feature or features is necessary in order to ensure
23 against a release of livestock waste from the lagoon (i) that
24 encroaches or is reasonably expected to encroach upon land
25 other than the land occupied by the livestock waste handling
26 facility of which the lagoon is a part or (ii) that enters
27 or is reasonably expected to enter the waters of this State.
28 The Department shall determine compliance with these
29 requirements. The Department may require changes in design
30 or additional requirements to protect groundwater, such as
31 extra liner depth or synthetic liners, when it appears
32 groundwater could be impacted.
33 (a-5) New earthen livestock waste lagoons constructed
34 after the effective date of this amendatory Act of 1999 shall
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1 be subject to additional construction requirements and siting
2 prohibitions as provided in this subsection (a-5).
3 (1) No new earthen livestock waste lagoon may be
4 constructed within the floodway of a 100-year floodplain.
5 A new earthen livestock waste lagoon may be constructed
6 within the portion of a 100-year floodplain that is
7 within the flood fringe and outside the floodway provided
8 that the facility is designed and constructed so that
9 livestock waste is not readily removed during flooding.
10 The delineation of floodplains, floodways, and flood
11 fringes shall be in compliance with the National Flood
12 Insurance Program.
13 (2) A new earthen livestock waste lagoon
14 constructed in a karst area shall be designed to prevent
15 seepage of the stored material to groundwater. Owners or
16 operators of proposed facilities shall consult with the
17 local soil and water conservation district, the
18 University of Illinois Cooperative Extension Service, or
19 other local, county, or state resources relative to
20 determining the possible presence or absence of such
21 areas. Notwithstanding the other provisions of this
22 subdivision (a-5)(2), after the effective date of this
23 amendatory Act of 1999, no earthen livestock waste lagoon
24 may be constructed within any natural depression in a
25 karst area formed as a result of subsurface removal of
26 soil or rock materials that has caused the formation of a
27 collapse feature that exhibits internal drainage. For
28 the purposes of this subdivision (a-5)(2), the existence
29 of such natural depression in a karst area shall be
30 indicated by the uppermost closed depression contour
31 lines on a USGS 7 1/2 minute quadrangle topographic map
32 or as determined by Department field investigation in a
33 karst area.
34 (b) Registration and certification. Any earthen
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1 livestock waste lagoon newly constructed or modified (does
2 not include repairs) after the effective date of rules
3 adopted for the implementation of this Act shall be
4 registered by the owner or operator with the Department on a
5 form provided by the Department. Lagoons constructed prior
6 to the effective date of rules adopted for the implementation
7 of this Act may register with the Department at no charge.
8 In order to give the Department notice of the owner's or
9 operator's intent to construct or modify an earthen livestock
10 waste lagoon, the owner or operator shall register such
11 lagoon with the Department during the preconstruction phase.
12 Construction shall not begin until 30 days after submittal of
13 a registration form by certified mail to the Department.
14 When an informational meeting is requested by the county,
15 construction shall not begin until after the informational
16 meeting has been held.
17 Livestock waste lagoon registration forms shall be made
18 available to producers at offices of the Department of
19 Agriculture, Cooperative Extension Service, and Soil and
20 Water Conservation Districts.
21 Registration information shall include the following:
22 (1) Name(s) and address(es) of the owner and
23 operator who are responsible for the livestock waste
24 lagoon.
25 (2) General location of lagoon.
26 (3) Design construction plans and specifications.
27 (4) Specific location information:
28 (A) Distance to a private or public potable
29 well;
30 (B) Distance to closest occupied private
31 residence (other than any occupied by owner or
32 operator);
33 (C) Distance to nearest stream; and
34 (D) Distance to nearest populated area.
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1 (5) Anticipated beginning and ending dates of
2 construction.
3 (6) Type of livestock and number of animal units.
4 The Department of Agriculture upon receipt of a livestock
5 waste lagoon registration form shall review the form to
6 determine that all required information has been provided.
7 The person filing the registration shall be notified within
8 15 working days that the registration is complete or that
9 clarification of information is needed. No later than 10
10 working days after receipt of the clarification information,
11 the Department shall notify the owner or operator that the
12 registration is complete.
13 The Department shall inspect an earthen livestock waste
14 lagoon during preconstruction, construction, and
15 post-construction. The Department shall require
16 modifications when necessary to bring construction in
17 compliance with the standards as set forth in subsection (a)
18 of Section 15. The person making the inspection shall
19 discuss with the owner, operator, or certified livestock
20 manager an evaluation of the livestock waste lagoon
21 construction and shall (i) provide on-site written
22 recommendations to the owner, operator, or certified
23 livestock manager of what modifications are necessary or (ii)
24 inform the owner, operator, or certified livestock manager
25 that the lagoon meets the standards set forth in subsection
26 (a) of Section 15. On the day of the inspection, the person
27 making the inspection shall give the owner, operator, or
28 certified livestock manager a written report of his or her
29 findings based on the inspection, together with an
30 explanation of any remedial measures necessary to enable the
31 lagoon to meet the standards set forth in subsection (a).
32 The person making any inspection shall comply with
33 reasonable animal health protection procedures as requested
34 by the owner, operator, or certified livestock manager.
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1 Upon completion of the construction or modification, but
2 prior to placing the lagoon in service, the owner or operator
3 of the livestock waste lagoon shall certify on a form
4 provided by the Department that the lagoon has been
5 constructed or modified in accordance with the standards set
6 forth in subsection (a) of Section 15 and that the
7 information provided on the registration form is correct.
8 (1) The certification notice to the Department
9 shall include a certification statement and signature.
10 (2) The certification shall state: "I hereby
11 certify that the information provided on this form is
12 correct and that the lagoon has been constructed in
13 accordance with the standards as required by the
14 Livestock Management Facilities Act."
15 Within 10 business days of receipt of the certification
16 of compliance, the Department shall inspect the lagoon site.
17 The Department shall, within 5 business days of the date of
18 inspection, send an official written notice by certified
19 mail, return receipt requested, to the owner or operator of
20 the facility indicating that all the requirements of this
21 Section have been met or that deficiencies exist that must be
22 corrected prior to the completion of the lagoon registration
23 process and the placement of the lagoon into service. The
24 owner or operator of the lagoon may proceed to place the
25 lagoon in service after receipt of the Department's notice
26 that all the requirements of this Section have been met no
27 earlier than 10 working days after submitting to the
28 Department a certification of compliance statement.
29 (b-5) Public informational meeting. Within 7 days after
30 receiving a registration form giving notice of an intent to
31 construct or modify an earthen livestock waste lagoon after
32 the effective date of this amendatory Act of 1997, the
33 Department shall send a copy of the registration form to the
34 county board of the county in which the lagoon is or is to
-25- LRB9101513LDsb
1 be located. After receiving a copy of a lagoon registration
2 form from the Department under this subsection, within 30
3 days the county board may at its discretion request that the
4 Department conduct a public informational meeting within 15
5 days of the request concerning the proposed construction or
6 modification of the lagoon. If the Department conducts such
7 a meeting, then at least 10 calendar days before the
8 meeting, the Department shall cause notice of the meeting to
9 be published in a newspaper of general circulation in the
10 county or the State newspaper. The owner or operator who
11 submitted the registration form to the Department shall
12 appear at the meeting. At the meeting, the Department shall
13 afford members of the public an opportunity to ask questions
14 and present oral or written testimony concerning the proposed
15 construction or modification of the lagoon.
16 (c) Complaint procedure. Any person having a complaint
17 concerning an earthen livestock waste lagoon may file a
18 complaint with the Agency. If the Agency finds that
19 groundwater has been negatively impacted because of
20 structural problems with the earthen lagoon, the Agency shall
21 notify the Department that modification of the lagoon is
22 necessary. The livestock owner or operator or the Department
23 may request guidance from the United States Department of
24 Agriculture Natural Resource Conservation Service or the
25 University of Illinois Cooperative Extension Service.
26 The person making any inspection shall comply with animal
27 health protection procedures as requested by the owner or
28 operator.
29 Any earthen livestock waste lagoon in service prior to
30 the effective date of the rules for implementation of this
31 Act is not subject to registration but is only subject to the
32 complaint procedure. However, any such livestock waste
33 lagoon found impacting groundwater shall be required to be
34 repaired, modified, or have procedures instituted so
-26- LRB9101513LDsb
1 groundwater is not negatively impacted.
2 If an investigation reveals groundwater has been
3 negatively impacted, the Department and Agency shall
4 cooperate with the owner or operator of the affected
5 livestock waste lagoon to provide a reasonable solution to
6 protect the groundwater.
7 Nothing in this Section shall limit the Agency's
8 authority under the Environmental Protection Act to
9 investigate and respond to violations of the Environmental
10 Protection Act or rules adopted under that Act.
11 (d) Livestock waste lagoon registration fee. The
12 livestock waste lagoon registration fee is $250 $50.
13 (d-5) (Blank). Reporting release of waste. An owner or
14 operator of a lagoon shall report to the Agency any release
15 of livestock waste from a lagoon within 24 hours after the
16 discovery of the release. The procedure for reporting
17 releases shall be adopted by the Agency by rule.
18 For a first violation of this subsection (d-5) by the
19 owner or operator of a livestock management facility or
20 livestock waste handling facility, the Department shall send
21 the owner or operator a written notice of the violation by
22 certified mail, return receipt requested.
23 If after an administrative hearing the Department finds
24 that the owner or operator of a livestock management facility
25 or livestock waste handling facility has committed a second
26 violation of this subsection (d-5), the Department shall
27 impose on the owner or operator a civil administrative
28 penalty in an amount not exceeding $1,000. The Attorney
29 General may bring an action in the circuit court to enforce
30 the collection of a penalty imposed under this subsection
31 (d-5).
32 If after an administrative hearing the Department finds
33 that the owner or operator of a livestock management facility
34 or livestock waste handling facility has committed a third
-27- LRB9101513LDsb
1 violation of this subsection (d-5), the Department shall
2 enter an administrative order directing that the owner or
3 operator cease operation of the facility until the violation
4 is corrected.
5 If a livestock management facility or livestock waste
6 handling facility has not committed a violation of this
7 subsection (d-5) within the 5 years immediately preceding a
8 violation, the violation shall be construed and treated as a
9 first violation.
10 (e) Closure of livestock waste lagoons. When any earthen
11 livestock waste lagoon is removed from service, it shall be
12 completely emptied. Appropriate closure procedures shall be
13 followed as determined by rule. The remaining hole must be
14 filled. The closure requirements shall be completed within
15 two years from the date of cessation of operation unless the
16 lagoon is maintained or serviced. The Department may grant a
17 waiver to the before-stated closure requirements that will
18 permit the lagoon to be used for an alternative purpose.
19 Upon a change in ownership of a registered earthen
20 livestock waste lagoon, the owner shall notify the Department
21 of the change within 30 working days of the closing of the
22 transaction.
23 (f) Administrative authority. All actions of the
24 Department of Agriculture are subject to the Illinois
25 Administrative Procedure Act.
26 Any earthen livestock waste lagoon subject to
27 registration shall not begin operation until the owner or
28 operator of the lagoon has met the requirements of this Act.
29 The owner or operator of any earthen livestock waste
30 lagoon subject to registration that has not been registered
31 or constructed in accordance with standards set forth in
32 subsection (a) of Section 15 shall, upon being identified as
33 such by the Department, be given written notice by the
34 Department to register and certify the lagoon within 10
-28- LRB9101513LDsb
1 working days of receipt of the notice. The Department may
2 inspect such lagoon and require compliance in accordance with
3 subsections (a) and (b) of this Section. If the owner or
4 operator of the livestock waste lagoon that is subject to
5 registration fails to comply with the notice, the Department
6 may issue a cease and desist order until such time as
7 compliance is obtained with the requirements of this Act.
8 Failure to construct the lagoon in accordance with the
9 construction plan and Department recommendations is a
10 business offense punishable by a fine of not more than
11 $5,000.
12 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
13 (510 ILCS 77/18 new)
14 Sec. 18. Reporting release of waste.
15 (a) An owner or operator of a livestock waste handling
16 facility shall report to the Agency any release of livestock
17 waste from a livestock waste handling facility or from the
18 transport of livestock waste within 24 hours after the
19 discovery of the release. Reporting shall not be required in
20 the case of a release of less than 25 gallons that is not
21 released to the waters of the State or from a controlled and
22 recovered release during field application. Waters of the
23 State do not include small temporary accumulations of surface
24 water from precipation or irrigation systems. The procedure
25 for reporting releases shall be adopted by the Agency by
26 rule.
27 (b) For a first violation of failing to report a release
28 by the owner or operator of a livestock waste handling
29 facility, the Department shall send the owner or operator a
30 written notice of the violation by certified mail, return
31 receipt requested. The Department shall also send a copy of
32 the notice to the Agency. The owner or operator may petition
33 the Department to contest the written notice of violation.
-29- LRB9101513LDsb
1 (c) For a second or subsequent violation of failing to
2 report a release by the owner or operator of a livestock
3 waste handling facility within a 5-year period, the
4 Department shall hold an administrative hearing. If, after an
5 administrative hearing, the Department finds that the owner
6 or operator of a livestock waste handling facility has
7 committed a second or subsequent violation of failing to
8 report a release within a 5-year period, the Department shall
9 impose on the owner or operator an administrative penalty in
10 an amount not exceeding $1,000. The Attorney General may
11 bring action in the circuit court to enforce the collection
12 of a penalty imposed for failing to report a release.
13 (d) If the owner or operator of a livestock waste
14 handling facility has not committed a violation of failing to
15 report a release within the 5 years immediately preceding a
16 violation, a violation shall be considered and treated as a
17 first violation.
18 (510 ILCS 77/20)
19 Sec. 20. Handling, storing and disposing of livestock
20 waste.
21 (a) The livestock management facility owner or operator
22 shall comply with the requirements for handling, storing, and
23 disposing of livestock wastes as set forth in the rules
24 adopted pursuant to the Illinois Environmental Protection Act
25 concerning agriculture related pollution.
26 (b) The livestock management facility owner or operator
27 at a facility of less than 1,000 animal units shall not be
28 required to prepare and maintain a waste management plan.
29 (c) The livestock management facility owner or operator
30 at a facility of 1,000 or greater animal units but less than
31 5,000 7,000 animal units shall prepare and maintain on file
32 at the livestock management facility a general waste
33 management plan. Notwithstanding this requirement, a
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1 livestock management facility subject to this subsection may
2 be operated on an interim basis but not to exceed 6 months
3 after the effective date of the rules promulgated pursuant to
4 this Act to allow for the owner or operator of the facility
5 to develop a waste management plan. The waste management
6 plan shall be available for inspection during normal business
7 hours by Department personnel.
8 (d) The livestock management facility owner or operator
9 at a facility of 5,000 7,000 or greater animal units shall
10 prepare, maintain, and submit to the Department the waste
11 management plan for approval. Approval of the waste
12 management plan shall be predicated on compliance with
13 provisions of subsection (f). The waste management plan shall
14 be approved by the Department before operation of the
15 facility or in the case of an existing facility, the waste
16 management plan shall be submitted within 60 working days
17 after the effective date of the rules promulgated pursuant to
18 this Act.
19 The owner or operator of an existing livestock management
20 facility that through growth meets or exceeds 5,000 7,000
21 animal units shall file its waste management plan with the
22 Department within 60 working days after reaching the stated
23 animal units.
24 The owner or operator of a livestock management facility
25 that is subject to this subsection (d) shall file within 60
26 working days with the Department a revised waste management
27 plan when there is a significant change stated in subsection
28 (e) of this Section in items (1), (2), or (10) of subsection
29 (f) that will materially affect compliance with the waste
30 management plan.
31 (d-5) The owner or operator of multiple livestock
32 management facilities under common facility ownership where
33 the cumulative animal units of the facilities are equal to or
34 greater than the animal unit numbers of subsection (c) of
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1 this Section shall prepare and keep on file at each facility
2 a waste management plan in accordance with the requirements
3 of subsection (c). The owner or operator of multiple
4 livestock management facilities that are under common
5 facility ownership where the cumulative animal units of the
6 facilities are equal to or greater than the animal unit
7 numbers in subsection (d) of this Section shall prepare and
8 file with the Department a waste management plan in
9 accordance with the provisions of subsection (d). Cumulative
10 animal units shall be determined by combining the animal
11 units of multiple livestock management facilities under
12 common facility ownership based upon the design capacity of
13 each facility. For the purposes of this subsection (d-5),
14 "under common facility ownership" means the same person or
15 persons own, directly or indirectly, at least 51% of any
16 person or persons that own or operate the building located in
17 the State of Illinois.
18 (e) The owner or operator of a livestock management
19 facility shall update the waste management plan when there is
20 change in the values shown in the plan in item (1) of
21 subsection (f) of this Section. The waste management plan
22 shall also be revised when there is a change in the method of
23 disposal of animal waste or when the available nitrogen value
24 exceeds the variability range for nitrogen set forth in
25 subsection (f) of this Section. The waste management plan and
26 three years.
28 (f) The application of livestock waste to the land is an
29 acceptable, recommended, and established practice in
30 Illinois. However, when livestock waste is not applied in a
31 responsible manner, it may create pollutional problems. It
32 should be recognized that research relative to livestock
33 waste application based on livestock waste nutrient content
34 is currently ongoing. The Dean of the College of
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1 Agricultural, Consumer and Environmental Sciences at the
2 University of Illinois, or his or her designee, shall
3 annually report to the Department on the status of phosphorus
4 research. The Department may also consult with other
5 appropriate research entities on the status of phosphorus
6 research. It is considered acceptable to prepare and
7 implement a waste management plan based on a nitrogen rate,
8 unless otherwise restricted by subsection (f)(3.6) of this
9 Section. It should be recognized that, in most cases, if the
10 agronomic nitrogen rate is met, the phosphorus applied will
11 exceed the crop requirements, but not all of the phosphorus
12 may be available for use by the crop. it will be considered
13 acceptable, therefore, to prepare and implement a waste
14 management plan based on the nitrogen rate. The waste
15 management plan shall include the following:
16 (1) An estimate of the volume of livestock waste to
17 be disposed of annually obtained by multiplying the
18 design capacity of the facility by the appropriate amount
19 of waste generated by the animals. The values showing
20 the amount of waste generated in Table 2-1, Midwest Plan
21 Services, MWPS-18, Livestock Waste Facilities Handbook
22 may be used.
23 (2) The number of acres available for disposal of
24 the waste.
25 (3) An estimate of the nutrient value of the waste.
26 The owner or operator may prepare a plan based on an
27 average of the minimum and maximum numbers in the table
28 values derived from Midwest Plan Services, MWPS-18,
29 Livestock Waste Facilities Handbook, the Agency's
30 Agriculture Related Pollution regulations, or the results
31 of analysis performed on samples of waste. For the
32 purposes of compliance with this subsection, the nutrient
33 values of livestock waste may vary as indicated in the
34 source table. In the case of laboratory analytical
-33- LRB9101513LDsb
1 results, the nutrient values may vary with the accuracy
2 of the analytical method.
3 (3.5) Results of the Bray P1 or Mehlich test for
4 soil phosphorus reported in pounds of elemental
5 phosphorus per acre. Soil samples shall be obtained and
6 analyzed from the livestock waste application fields on
7 land owned or under the control of the owner or operator
8 where applications are planned. Fields where livestock
9 waste is applied shall be sampled every 4 years.
10 Sampling procedures, such as the number of samples and
11 the depth of sampling, as outlined in the current edition
12 of the Illinois Agronomy Handbook shall be followed when
13 soil samples are obtained.
14 (3.6) If the average Bray P1 or Mehlich test result
15 for soil phosphorus calculated from the samples obtained
16 from the application field is 300 pounds or less of
17 elemental phosphorus per acre, livestock waste may
18 continue to be applied to that field in accordance with
19 subsection (f) of this Section. If the average Bray P1
20 or Mehlich test result for soil phosphorus for an
21 application field is greater than 300 pounds of elemental
22 phosphorus per acre, the owner or operator may continue
23 to apply livestock waste at the nitrogen rate to the
24 field for a period not to exceed 2 years beginning on the
25 date of the soil sampling that determined the average
26 test result for soil phosphorus of greater than 300
27 pounds of elemental phosphorus per acre. If after this
28 period soil test results indicate greater than 300 pounds
29 of elemental phosphorus per acre, livestock waste may be
30 applied to the field at an agronomic rate for phosphorus
31 for the crop to be grown until the average test result
32 for soil phosphorus is 300 pounds of elemental phosphorus
33 per acre or less. When a phosphorus index program is
34 developed, the owner or operator may elect to use such
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1 index in lieu of the 300 pounds of elemental phosphorus
2 per acre restriction.
3 (4) An indication that the livestock waste will be
4 applied at rates not to exceed the agronomic nitrogen
5 demand of the crops to be grown when averaged over a
6 5-year period.
7 (5) A provision that livestock waste applied within
8 1/4 mile of any residence not part of the facility shall
9 be injected or incorporated on the day of application.
10 However, livestock management facilities and livestock
11 waste handling facilities that have irrigation systems in
12 operation prior to the effective date of this Act or
13 existing facilities applying waste on frozen ground are
14 not subject to the provisions of this item (5).
15 (6) A provision that livestock waste may not be
16 applied within 200 feet of surface water unless the water
17 is upgrade or there is adequate diking, and waste will
18 not be applied within 150 feet of potable water supply
19 wells.
20 (7) A provision that livestock waste may not be
21 applied in a 10-year flood plain unless the injection or
22 incorporation method of application is used.
23 (8) A provision that livestock waste may not be
24 applied in waterways.
25 (9) A provision that if waste is spread on frozen
26 or snow-covered land, the application will be limited to
27 land areas on which:
28 (A) land slopes are 5% or less, or
29 (B) adequate erosion control practices exist.
30 (10) Methods for disposal of animal waste.
31 (g) Any person who is required to prepare and maintain a
32 waste management plan and who fails to do so shall be issued
33 a warning letter by the Department for the first violation
34 and shall be given 30 working days to prepare a waste
-35- LRB9101513LDsb
1 management plan. For failure to prepare and maintain a waste
2 management plan, the person shall be fined an administrative
3 penalty of up to $1,000 by the Department and shall be
4 required to enter into an agreement of compliance to prepare
5 and maintain a waste management plan within 30 working days.
6 For failure to prepare and maintain a waste management plan
7 after the second 30 day period or for failure to enter into a
8 compliance agreement, the Department may issue an operational
9 cease and desist order until compliance is attained.
10 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
11 (510 ILCS 77/54 new)
12 Sec. 54. Rules. The Department may adopt rules as
13 necessary for the implementation of this Act in accordance
14 with the rulemaking procedure set forth in the Illinois
15 Administrative Procedure Act.
16 (510 ILCS 77/55 rep.)
17 Section 10. The Livestock Management Facilities Act is
18 amended by repealing Section 55.
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.
-36- LRB9101513LDsb
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 77/12 new
7 510 ILCS 77/12.1 new
8 510 ILCS 77/13 new
9 510 ILCS 77/15
10 510 ILCS 77/18 new
11 510 ILCS 77/20
12 510 ILCS 77/54 new
13 510 ILCS 77/55 rep.