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91_HB0512
LRB9102072PTpk
1 AN ACT concerning livestock waste management.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.490 as follows:
6 (30 ILCS 105/5.490 new)
7 Sec. 5.490. The Odor Control Cost Share Program Fund.
8 Section 10. The Livestock Management Facilities Act is
9 amended by adding Section 27 as follows:
10 (510 ILCS 77/27 new)
11 Sec. 27. Odor control cost share program.
12 (a) An odor control cost share program is created and
13 shall be administered by the Department of Agriculture. The
14 Department shall design the program to assist approved owners
15 or operators of livestock management facilities or livestock
16 waste handling facilities with the cost of odor control
17 methods during the course of manure removal and field
18 application. The cost share program shall implement the odor
19 control methods developed by the Illinois Council on Food and
20 Agricultural Research. The Department shall, subject to
21 appropriation, make the cost share payments from the Odor
22 Control Cost Share Program Fund, a special fund created in
23 the State Treasury.
24 (b) An owner or operator who desires to participate in
25 the cost share program shall submit an odor control plan as
26 prescribed by the Department. At a minimum, the plan shall
27 include (i) verification of compliance with this Act's
28 provisions concerning waste lagoon registration, waste
29 management plans, and livestock manager certification, (ii)
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1 verification that the owner or operator has not violated the
2 odor control provisions of Section 25 or agricultural
3 pollution rules adopted under the Environmental Protection
4 Act, (iii) a description of the livestock management facility
5 or livestock waste handling facility to be assisted under the
6 plan, (iv) the current and a projected number of animal units
7 served or to be served by the facility, (v) a description of
8 current and planned odor control practices, (vi) an
9 estimation of the cost of these practices, (vii) evidence of
10 financial responsibility to provide the determined cost share
11 amount of the program, and (viii) a description of the odor
12 control goals of the facility concerning the surrounding
13 community. After reviewing the submitted plans, the
14 Department shall determine the owners or operators who are
15 approved for the cost share program. With the cooperation of
16 the owner or operator, the Department shall make necessary
17 revisions in the odor control plan to implement the methods
18 recommended by the Illinois Council on Food and Agricultural
19 Research. The Department shall be responsible for approving
20 any revisions by the owner or operator to the submitted odor
21 control plans. Plans shall be submitted and evaluated
22 annually for Department approval. An owner or operator who
23 has committed a violation of the odor control provisions of
24 Section 25 or the agricultural pollution rules adopted under
25 the Environmental Protection Act shall not be eligible to
26 participate in the cost share program for 5 years after the
27 violation.
28 (c) The Department of Agriculture shall enter into
29 agreements with owners or operators approved for the cost
30 share plan under which the Department shall agree to pay to
31 the owner or operator up to 25% of the total cost of the
32 implementation of odor control methods described in the plan.
33 The owner or operator shall agree to pay 75% or more of the
34 plan's total cost. Upon verification by the Department that
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1 the owner or operator has paid 100% of the total cost of the
2 odor control plan, the Department shall reimburse the owner
3 or operator for the amount stated in the agreement. The
4 amount of the cost share payment for an approved owner or
5 operator shall be determined from rules promulgated by the
6 Department that structure payment limits in direct
7 correlation with the number of animal units served by a
8 facility. The Department shall categorize facilities based on
9 the number of animal units served, and the amount of the cost
10 share payment shall increase on an ascending scale to
11 correspond with the ascending size category of a facility.
12 The maximum amount that the Department may pay to an owner or
13 operator for each of his or her livestock management or waste
14 handling facilities is 25% of the plan costs or $50,000,
15 whichever is less, and this maximum payment amount is
16 reserved for the category of facilities serving 1,000 or more
17 animal units.
18 (d) Upon the transfer of his or her right or interest in
19 the livestock management facility or livestock waste handling
20 facility or a change in the use of a facility so that odor
21 control methods are no longer necessary, the owner or
22 operator shall forfeit all rights to future payments and
23 other benefits resulting from an approved odor control plan.
24 The rights to benefits and payments of the cost share program
25 are not transferable.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.