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91_HB2291
LRB9105243MWmg
1 AN ACT to amend the Livestock Management Facilities Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Livestock Management Facilities Act is
5 amended by changing Sections 10.30, 10.40, 15, 16, 17, 20,
6 25, 30, and 35 and by adding Sections 10.65, 36, 51, and 95
7 as follows:
8 (510 ILCS 77/10.30)
9 Sec. 10.30. Livestock management facility. "Livestock
10 management facility" means any animal feeding operation,
11 livestock shelter, or on-farm milking and accompanying
12 milk-handling area. Two or more livestock management
13 facilities under common ownership, if where the facilities
14 are not separated by one mile or if they use a common system
15 for the storage or disposal of waste, a minimum distance of
16 1/4 mile, and that share a common livestock waste handling
17 facility shall be considered a single livestock management
18 facility. A livestock management facility at educational
19 institutions, livestock pasture operations, where animals are
20 housed on a temporary basis such as county and state fairs,
21 livestock shows, race tracks, and horse breeding and foaling
22 farms, and market holding facilities are not subject to this
23 Act.
24 (Source: P.A. 89-456, eff. 5-21-96.)
25 (510 ILCS 77/10.40)
26 Sec. 10.40. Livestock waste handling facility.
27 "Livestock waste handling facility" means individually or
28 collectively those immovable constructions or devices, except
29 sewers, used for collecting, pumping, treating, or disposing
30 of livestock waste or for the recovery of by-products from
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1 the livestock waste. Two or more livestock waste handling
2 facilities under common ownership and where the facilities
3 are not separated by one mile a minimum distance of 1/4 mile
4 shall be considered a single livestock waste handling
5 facility.
6 (Source: P.A. 89-456, eff. 5-21-96.)
7 (510 ILCS 77/10.65 new)
8 Sec. 10.65. Waters of this State. "Waters of this State"
9 means "waters" as defined in the Environmental Protection
10 Act, except that the term does not include any water or
11 accumulation of water attributable exclusively to or
12 resulting solely from the construction of a secondary berm in
13 connection with the construction of a livestock waste
14 handling facility.
15 (510 ILCS 77/15)
16 Sec. 15. Livestock waste handling facility lagoon.
17 (a) Standards for livestock waste lagoon construction.
18 Any earthen livestock waste lagoon subject to registration
19 shall be constructed or modified in accordance with "Design
20 of Anaerobic Lagoons for Animal Waste Management" promulgated
21 by the American Society of Agricultural Engineers or the
22 national guidelines as published by the United States
23 Department of Agriculture Natural Resource Conservation
24 Service in Illinois and titled Waste Treatment Lagoon. The
25 owner or operator of the earthen livestock lagoon may, with
26 approval from the Department, modify or exceed these
27 standards in order to meet site specific objectives.
28 Notwithstanding any other requirement of this subsection,
29 every earthen livestock waste lagoon shall include the
30 construction of a secondary berm, filter strip, grass
31 waterway, or terrace, or any combination of those, outside
32 the perimeter of the primary berm if an engineer licensed
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1 under the Professional Engineering Practice Act of 1989 and
2 retained by the registrant determines, with the concurrence
3 of the Department, that construction of such a secondary berm
4 or other feature or features is necessary in order to ensure
5 against a release of livestock waste from the lagoon (i) that
6 encroaches or is reasonably expected to encroach upon land
7 other than the land occupied by the livestock waste handling
8 facility of which the lagoon is a part or (ii) that enters
9 or is reasonably expected to enter the waters of this State.
10 The Department shall determine compliance with these
11 requirements. The Department may require changes in design
12 or additional requirements to protect groundwater, such as
13 extra liner depth or synthetic liners, when it appears
14 groundwater could be impacted.
15 (a-1) Standards for livestock waste handling facilities
16 other than earthen livestock waste lagoons. After the
17 effective date of this amendatory Act of the 91st General
18 Assembly, livestock waste handling facilities other than
19 earthen livestock waste lagoons used for the storage of
20 livestock waste shall be constructed in accordance with this
21 Section.
22 The Advisory Committee shall review, evaluate, and make
23 recommendations to the Department to establish permanent
24 construction standards for livestock waste handling
25 facilities other then earthen livestock waste lagoons.
26 Within 4 months after the effective date of this amendatory
27 Act of the 91st General Assembly, the Department shall
28 propose permanent construction standards for livestock waste
29 handling facilities other than earthen lagoons to the
30 Pollution Control Board.
31 Within 8 months after the Department proposes permanent
32 construction standards, the Pollution Control Board shall
33 hold hearings on and shall adopt permanent construction
34 standards.
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1 (a-2) Interim standards for livestock waste handling
2 facilities other than earthen livestock waste lagoons. After
3 the effective date of this amendatory Act of the 91st General
4 Assembly and prior to the adoption of final construction
5 standards by the Pollution Control Board, the livestock waste
6 handling facility owner may rely on guidance from the county
7 Soil and Water Conservation District, the United States
8 Department of Agriculture Natural Resources Conservation
9 Service, or the University of Illinois Cooperative Extension
10 Service for soil type and water table level information.
11 On soils where high water (vadose water) is a concern or
12 where the soil does not meet the recommended allowable soil
13 bearing strength and load factor as set in the Midwest Plan
14 Services Handbook (MWPS-36) and future updates, footings, and
15 underlying structure support shall be incorporated into the
16 design standards of the storage structure in accordance with
17 the requirements of Section 4.1 of the American Society of
18 Agricultural Engineers (ASAE EP393.2) and future updates.
19 (1) Livestock waste handling facilities constructed
20 of concrete shall meet the strength and load factors set
21 forth in the Midwest Plan Service's Concrete Manure
22 Storage Handbook (MWPS-36) and future updates. In
23 addition, those structures shall meet the following
24 requirements:
25 (A) Waterstops shall be incorporated into the
26 design of the storage structure when consistent
27 with the requirements of paragraph (1) of this
28 subsection;
29 (B) Storage structures that handle waste in a
30 liquid form shall be designed to contain a volume
31 of not less than the amount of waste generated
32 during 150 days of facility operation at design
33 capacity; and
34 (C) Storage structures not covered or
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1 otherwise protected from precipitation shall, in
2 addition to the waste storage volume requirements of
3 item (B) of paragraph (1) of this subsection,
4 include a 2-foot freeboard.
5 (2) A livestock waste handling facility in a
6 prefabricated form shall meet the strength, load, and
7 compatibility factors for its intended use. Those
8 factors shall be verified by the manufacturer's
9 specifications.
10 (3) Livestock waste handling facilities holding
11 semi-solid livestock waste, including but not limited to
12 picket dam structures, shall be constructed according to
13 the requirements set forth in the Midwest Plan Service's
14 Livestock Waste Facilities Handbook (MWPS-18) and future
15 updates or similar standards used by the Natural
16 Resources Conservation Service of the United States
17 Department of Agriculture.
18 (4) Livestock waste handling facilities holding
19 solid livestock waste shall be constructed according to
20 the requirements set forth in the Midwest Plan Service's
21 Livestock Waste Facilities Handbook (MWPS-18) and future
22 updates or similar standards used by the Natural
23 Resources Conservation Service of the United States
24 Department of Agriculture. In addition, solid livestock
25 waste stacking structures shall be sized to store not
26 less than the amount of waste generated during 6 months
27 of facility operation at design capacity.
28 (5) Holding ponds, used for the temporary storage
29 of livestock feedlot run-off, shall be constructed
30 according to the requirements set forth in the Midwest
31 Plan Service's Livestock Waste Facilities Handbook
32 (MWPS-18) and future updates or similar standards used by
33 the Natural Resources Conservation Service of the United
34 States Department of Agriculture.
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1 (b) Registration and certification. Any earthen
2 livestock waste lagoon or other livestock waste handling
3 facility with a capacity to serve more than 500 animal units
4 that is newly constructed, or modified, or expanded (does
5 not include repairs) after the effective date of rules
6 adopted for the implementation of this Act shall be
7 registered by the owner or operator with the Department on a
8 form provided by the Department. Owners or operators of
9 lagoons or other livestock waste handling facilities
10 constructed prior to May 20, 1997 the effective date of rules
11 adopted for the implementation of this Act may register them
12 with the Department at no charge.
13 In order to give the Department notice of the owner's or
14 operator's intent to construct or modify a an earthen
15 livestock waste handling facility lagoon, the owner or
16 operator shall register the facility such lagoon with the
17 Department before beginning construction during the
18 preconstruction phase. The Department shall provide a copy
19 of the registration form to the Agency. Construction shall
20 not begin until 30 days after submittal of a registration
21 form by certified mail to the Department. When an
22 informational meeting is requested by the county,
23 construction shall not begin until after the informational
24 meeting has been held.
25 Livestock waste handling facility lagoon registration
26 forms shall be made available to producers at offices of the
27 Department of Agriculture, Cooperative Extension Service, and
28 Soil and Water Conservation Districts.
29 Registration information shall include the following:
30 (1) Name(s) and address(es) of the owner and
31 operator who are responsible for the livestock waste
32 handling facility lagoon.
33 (2) General location of the facility lagoon.
34 (3) Design construction plans and specifications.
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1 (4) Specific location information:
2 (A) Distance to a private or public potable
3 well;
4 (B) Distance to closest occupied private
5 residence (other than any occupied by owner or
6 operator);
7 (C) Distance to nearest stream; and
8 (D) Distance to nearest populated area.
9 (5) Anticipated beginning and ending dates of
10 construction.
11 (6) Type of livestock and number of animal units.
12 The Department of Agriculture, upon receipt of a
13 livestock waste lagoon registration form, shall review the
14 form to determine that all required information has been
15 provided. The person filing the registration shall be
16 notified within 15 working days that the registration is
17 complete or that clarification of information is needed. No
18 later than 10 working days after receipt of the clarification
19 information, the Department shall notify the owner or
20 operator that the registration is complete.
21 The Department shall inspect a an earthen livestock waste
22 handling facility lagoon during preconstruction,
23 construction, and post-construction. The Department shall
24 require modifications when necessary to bring construction in
25 compliance with the standards as set forth in subsections
26 subsection (a), (a-1), or (a-2) of Section 15. The person
27 making the inspection shall discuss with the owner, operator,
28 or certified livestock manager an evaluation of the livestock
29 waste handling facility lagoon construction and shall (i)
30 provide on-site written recommendations to the owner,
31 operator, or certified livestock manager of what
32 modifications are necessary or (ii) inform the owner,
33 operator, or certified livestock manager that the facility
34 lagoon meets the standards set forth in subsections
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1 subsection (a), (a-1), or (a-2) of Section 15. Within 10 days
2 On the day of the inspection, the person making the
3 inspection shall give the owner, operator, or certified
4 livestock manager a written report of his or her findings
5 based on the inspection, together with an explanation of any
6 remedial measures necessary to enable the facility lagoon to
7 meet the standards set forth in subsections subsection (a),
8 (a-1), or (a-2).
9 The person making any inspection shall comply with
10 reasonable animal health protection procedures as requested
11 by the owner, operator, or certified livestock manager.
12 Upon completion of the construction or modification, but
13 prior to placing the facility lagoon in service, the owner or
14 operator of the livestock waste handling facility lagoon
15 shall certify on a form provided by the Department that the
16 facility lagoon has been constructed or modified in
17 accordance with the standards set forth in subsections
18 subsection (a), (a-1), or (a-2) of Section 15 and that the
19 information provided on the registration form is correct.
20 (1) The certification notice to the Department
21 shall include a certification statement and signature.
22 (2) The certification shall state: "I hereby
23 certify that the information provided on this form is
24 correct and that the livestock waste handling facility
25 lagoon has been constructed in accordance with the
26 standards as required by the Livestock Management
27 Facilities Act."
28 The owner or operator of the facility lagoon may proceed
29 to place the facility lagoon in service no earlier than 10
30 working days after submitting to the Department a
31 certification of compliance statement.
32 (b-5) Public informational meeting. Within 7 days after
33 receiving a registration form giving notice of an intent to
34 construct or modify a an earthen livestock waste handling
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1 facility with a capacity to serve more than 500 animal units
2 lagoon after the effective date of this amendatory Act of
3 the 91st General Assembly 1997, the Department shall send a
4 copy of the registration form to the county board of the
5 county in which the facility lagoon is or is to be located.
6 After receiving a copy of a livestock waste handling facility
7 lagoon registration form from the Department under this
8 subsection, within 30 days the county board may at its
9 discretion request that the Department conduct a public
10 informational meeting within 15 days of the request
11 concerning the proposed construction or modification of the
12 facility lagoon. If the Department conducts such a meeting,
13 then at least 10 days before the meeting, the Department
14 shall cause notice of the meeting to be published in a
15 newspaper of general circulation in the county or the State
16 newspaper. The owner or operator who submitted the
17 registration form to the Department shall appear at the
18 meeting. At the meeting, the Department shall afford members
19 of the public an opportunity to ask questions and present
20 oral or written testimony concerning the proposed
21 construction or modification of the facility lagoon.
22 (c) Complaint procedure. Any person having a complaint
23 concerning a an earthen livestock waste handling facility or
24 a livestock management facility lagoon may file a complaint
25 with the Agency. If the Agency finds that groundwater has
26 been negatively impacted because of structural problems with
27 the facility earthen lagoon, the Agency shall notify the
28 Department that modification of the facility of the lagoon is
29 necessary. The livestock owner or operator or the Department
30 may request guidance from the United States Department of
31 Agriculture Natural Resource Conservation Service or the
32 University of Illinois Cooperative Extension Service.
33 The person making any inspection shall comply with animal
34 health protection procedures as requested by the owner or
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1 operator.
2 Any earthen livestock waste handling facility lagoon in
3 service prior to May 20, 1997 the effective date of the rules
4 for implementation of this Act is not subject to registration
5 but is only subject to the complaint procedure. However, Any
6 such livestock waste handling facility lagoon found impacting
7 groundwater shall be required to be repaired, modified, or
8 have procedures instituted so groundwater is not negatively
9 impacted.
10 If an investigation reveals groundwater has been
11 negatively impacted, the Department and Agency shall
12 cooperate with the owner or operator of the affected
13 livestock waste handling facility lagoon to provide a
14 reasonable solution to protect the groundwater.
15 Nothing in this Section shall limit the Agency's
16 authority under the Environmental Protection Act to
17 investigate and respond to violations of the Environmental
18 Protection Act or rules adopted under that Act.
19 (d) Livestock waste handling facility lagoon
20 registration fee. The livestock waste handling facility
21 lagoon registration fee is $250 $50. The fees shall be
22 earmarked for inspection and oversight expenses of the
23 Department and Agency.
24 (d-5) Reporting release of waste. An owner or operator
25 of a livestock management facility or livestock waste
26 handling facility lagoon shall report to the Agency any
27 release of livestock waste from the facility a lagoon within
28 24 hours after the discovery of the release. The procedure
29 for reporting releases shall be adopted by the Agency by
30 rule.
31 For a first violation of this subsection (d-5) by the
32 owner or operator of a livestock management facility or
33 livestock waste handling facility, the Department shall send
34 the owner or operator a written notice of the violation by
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1 certified mail, return receipt requested.
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 second
5 violation of this subsection (d-5), the Department shall
6 impose on the owner or operator a civil administrative
7 penalty in an amount not exceeding $1,000. The Attorney
8 General may bring an action in the circuit court to enforce
9 the collection of a penalty imposed under this subsection
10 (d-5).
11 If after an administrative hearing the Department finds
12 that the owner or operator of a livestock management facility
13 or livestock waste handling facility has committed a third
14 violation of this subsection (d-5), the Department shall
15 enter an administrative order directing that the owner or
16 operator cease operation of the facility until the violation
17 is corrected.
18 If a livestock management facility or livestock waste
19 handling facility has not committed a violation of this
20 subsection (d-5) within the 5 years immediately preceding a
21 violation, the violation shall be construed and treated as a
22 first violation.
23 (e) Closure of livestock waste handling facilities
24 lagoons. When any earthen livestock waste handling facility
25 lagoon is removed from service, it shall be completely
26 emptied. Appropriate closure procedures shall be followed as
27 determined by rule. Any the remaining hole or pit must be
28 filled. The closure requirements shall be completed within
29 two years from the date of cessation of operation unless the
30 facility lagoon is maintained or serviced. The Department
31 may grant a waiver to the before-stated closure requirements
32 that will permit the livestock waste handling facility lagoon
33 earthen
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1 livestock waste handling facility lagoon, the owner shall
2 notify the Department of the change within 30 working days of
3 the closing of the transaction.
4 (f) Administrative authority. All actions of the
5 Department of Agriculture are subject to the Illinois
6 Administrative Procedure Act.
7 Any new earthen livestock waste handling facility lagoon
8 subject to registration shall not begin operation until the
9 owner or operator of the lagoon has met the requirements of
10 this Act.
11 The owner or operator of any earthen livestock waste
12 handling facility lagoon subject to registration that has not
13 been registered or constructed in accordance with standards
14 set forth in subsections subsection (a), (a-1), or (a-2) of
15 Section 15 shall, upon being identified as such by the
16 Department, be given written notice by the Department to
17 register and certify the livestock waste handling facility
18 lagoon within 10 working days of receipt of the notice. The
19 Department may inspect such livestock waste handling facility
20 lagoon and require compliance in accordance with subsections
21 (a), (a-1), (a-2), and (b) of this Section. If the owner or
22 operator of the livestock waste handling facility lagoon that
23 is subject to registration fails to comply with the notice,
24 the Department may issue a cease and desist order until such
25 time as compliance is obtained with the requirements of this
26 Act. Failure to construct the livestock waste handling
27 facility lagoon in accordance with the construction plan and
28 Department recommendations is a business offense punishable
29 by a fine of not more than $5,000.
30 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
31 (510 ILCS 77/16)
32 Sec. 16. Inspection of earthen livestock waste handling
33 facilities lagoons by Department. At least once each year
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1 on a random basis, the Department shall inspect every earthen
2 lagoon that services 500
3 1,000 or more animal units and is required to be registered
4 under this Act. The owner or operator of the livestock
5 waste handling facility lagoon or a certified livestock
6 manager must be present during the inspection. If the
7 owner, operator, or certified livestock manager is not
8 present at the scheduled date, time, and place of the
9 inspection, the inspection shall proceed in his or her
10 absence. The person making the inspection shall conduct a
11 visual inspection to determine only whether any of the
12 following are present: burrow holes, trees or woody
13 vegetation, proper freeboard, erosion, settling of the berm,
14 bermtop maintenance, leaks, and seepage. The person making
15 the inspection shall discuss with the owner, operator, or
16 certified livestock manager an evaluation of the livestock
17 waste handling facility's lagoon's current condition and
18 shall (i) provide on-site written recommendations to the
19 owner, operator, or certified livestock manager of what
20 corrective actions are necessary or (ii) inform the owner,
21 operator, or certified livestock manager that the facility
22 lagoon meets the standards set forth in this subsection.
23 The person making any inspection shall comply with
24 reasonable animal health protection procedures as requested
25 by the owner, operator, or certified livestock manager.
26 The Department shall send official written notice of any
27 deficiencies to the owner or operator of the facility lagoon
28 by certified mail, return receipt requested. The owner or
29 operator and the Department shall enter into an agreement of
30 compliance setting forth the specific action and timetable to
31 correct the deficiencies. The person making the
32 reinspection shall notify the Department of the results of
33 the reinspection, and the Department shall take the
34 appropriate action under this Section. If the Department's
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1 inspector finds a release or evidence of a release, the
2 Department shall immediately report such information to the
3 Agency.
4 For a first violation of this Section by the owner or
5 operator of a livestock management facility or livestock
6 waste handling facility, the Department shall send the owner
7 or operator a written notice of the violation by certified
8 mail, return receipt requested.
9 If after an administrative hearing the Department finds
10 that the owner or operator of a livestock management facility
11 or livestock waste handling facility has committed a second
12 violation of this Section, the Department shall impose on the
13 owner or operator a civil administrative penalty in an amount
14 not exceeding $1,000. The Attorney General may bring an
15 action in the circuit court to enforce the collection of a
16 penalty imposed under this Section.
17 If after an administrative hearing the Department finds
18 that the owner or operator of a livestock management facility
19 or livestock waste handling facility has committed a third
20 violation of this Section, the Department shall enter an
21 administrative order directing that the owner or operator
22 cease operation of the facility until the violation is
23 corrected.
24 If a livestock management facility or livestock waste
25 handling facility has not committed a violation of this
26 Section within the 5 years immediately preceding a violation,
27 the violation shall be construed and treated as a first
28 violation.
29 (Source: P.A. 90-565, eff. 6-1-98.)
30 (510 ILCS 77/17)
31 Sec. 17. Financial responsibility. Owners of livestock
32 waste handling facilities new or modified lagoons registered
33 under the provisions of this Act shall establish and maintain
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1 evidence of financial responsibility to provide for the
2 closure of the facilities lagoons and the proper disposal of
3 their contents within the time provisions outlined in this
4 Act. Financial responsibility may be evidenced by any
5 combination of the following:
6 (1) Commercial or private insurance;
7 (2) Guarantee;
8 (3) Surety bond;
9 (4) Letter of credit;
10 (5) Certificate of Deposit or designated savings
11 account;
12 (6) Participation in a livestock waste handling facility
13 lagoon closure fund managed by the Illinois Farm Development
14 Authority.
15 The level of surety required shall be determined by rule
16 and be based upon the volumetric capacity of the facility
17 lagoon. Surety instruments required under this Section
18 shall be required after the effective date of rules adopted
19 for the implementation of this Act.
20 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
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 in items (1), (2), or
31 (10) of subsection (f) that will materially affect compliance
32 with the waste management plan.
33 (e) The waste management plan and records of livestock
34 waste disposal shall be kept on file for 5 three years.
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1 (f) The application of livestock waste to the land is an
2 acceptable, recommended, and established practice in
3 Illinois. However, when livestock waste is not applied in a
4 responsible manner, it may create pollution pollutional
5 problems. It should be recognized that, in most cases, if
6 the agronomic nitrogen rate is met, the phosphorus applied
7 will exceed the crop requirements, but not all of the
8 phosphorus may be available for use by the crop. It will be
9 considered acceptable, therefore, to prepare and implement a
10 waste management plan based on the phosphorus, nitrogen, or
11 potassium rate, whichever is more limiting. The waste
12 management plan shall include the following:
13 (1) An estimate of the volume of waste to be
14 disposed of annually.
15 (2) The number of acres available for disposal of
16 the waste.
17 (3) An estimate of the nutrient value of the waste.
18 (4) An indication that the livestock waste will be
19 applied at rates not to exceed the agronomic phosphorus,
20 nitrogen, and potassium nitrogen demand of the crops to
21 be grown when averaged over a 5-year period.
22 (5) A provision that livestock waste applied within
23 1/4 mile of any residence not part of the facility shall
24 be injected or incorporated on the day of application.
25 However, livestock management facilities and livestock
26 waste handling facilities that have irrigation systems in
27 operation prior to the effective date of this Act or
28 existing facilities applying waste on frozen ground are
29 not subject to the provisions of this item (5).
30 (6) A provision that livestock waste may not be
31 applied within 200 feet of surface water unless the water
32 is upgrade or there is adequate diking, and waste will
33 not be applied within 200 150 feet of potable water
34 supply wells.
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1 (7) A provision that livestock waste may not be
2 applied in a 10-year flood plain unless the injection or
3 incorporation method of application is used.
4 (8) A provision that livestock waste may not be
5 applied in waterways.
6 (9) A provision that if waste is spread on frozen
7 or snow-covered land, the application will be limited to
8 land areas on which:
9 (A) land slopes are 5% or less, or
10 (B) adequate erosion control practices exist.
11 (10) Methods for disposal of animal waste.
12 (g) Any person who is required to prepare and maintain a
13 waste management plan and who fails to do so shall be issued
14 a warning letter by the Department for the first violation
15 and shall be given 30 working days to prepare a waste
16 management plan. For failure to prepare and maintain a waste
17 management plan, the person shall be fined an administrative
18 penalty of up to $1,000 by the Department and shall be
19 required to enter into an agreement of compliance to prepare
20 and maintain a waste management plan within 30 working days.
21 For failure to prepare and maintain a waste management plan
22 after the second 30 day period or for failure to enter into a
23 compliance agreement, the Department may issue an operational
24 cease and desist order until compliance is attained.
25 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
26 (510 ILCS 77/25)
27 Sec. 25. Odor control.
28 (a) Operators of livestock waste handling facilities
29 shall practice odor control methods during the course of
30 manure removal and field application. Odor control methods
31 shall be those methods identified in the rules adopted
32 pursuant to the Illinois Environmental Protection Act
33 concerning agriculture related pollution.
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1 (b) Every single-stage livestock waste handling facility
2 lagoon constructed after the effective date of this
3 amendatory Act of the 91st General Assembly 1997 shall comply
4 with the following operational guidelines:
5 (1) In operation, the facility lagoon must be
6 maintained at not less than the minimum design volume.
7 (2) If applicable, the livestock waste supply to the
8 facility lagoon must be below the minimum design volume
9 level.
10 (3) The livestock waste storage capacity of a the
11 lagoon must be greater than 270 days.
12 (c) Above-ground livestock waste holding structures must
13 be operated using odor control management guidelines based on
14 scientific peer review accepted by the Department and
15 determined to be economically feasible to the specific
16 operation.
17 (d) For a first violation of this Section by the owner
18 or operator of a livestock management facility or livestock
19 waste handling facility, the Department shall send the owner
20 or operator a written notice of the violation by certified
21 mail, return receipt requested.
22 If after an administrative hearing the Department finds
23 that the owner or operator of a livestock management facility
24 or livestock waste handling facility has committed a second
25 violation of this Section, the Department shall impose on the
26 owner or operator a civil administrative penalty in an amount
27 not exceeding $1,000. The Attorney General may bring an
28 action in the circuit court to enforce the collection of a
29 penalty imposed under this Section.
30 If after an administrative hearing the Department finds
31 that the owner or operator of a livestock management facility
32 or livestock waste handling facility has committed a third
33 violation of this Section, the Department shall enter an
34 administrative order directing that the owner or operator
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1 cease operation of the facility until the violation is
2 corrected.
3 If a livestock management facility or livestock waste
4 handling facility has not committed a violation of this
5 Section within the 5 years immediately preceding a violation,
6 the violation shall be construed and treated as a first
7 violation.
8 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
9 (510 ILCS 77/30)
10 Sec. 30. Certified Livestock Manager. The Department
11 shall establish a Certified Livestock Manager program in
12 conjunction with the livestock industry that will enhance
13 management skills in critical areas, such as environmental
14 awareness, safety concerns, odor control techniques and
15 technology, neighbor awareness, current best management
16 practices, and the developing and implementing of manure
17 management plans.
18 (a) Applicability. A livestock waste handling facility
19 serving 300 or greater animal units shall be operated only
20 under the supervision of a certified livestock manager. Not
21 withstanding the before-stated provision, a livestock waste
22 handling facility may be operated on an interim basis, but
23 not to exceed 6 months, to allow for the owner or operator of
24 the facility to become certified.
25 (b) A certification program shall include the following:
26 (1) A general working knowledge of best management
27 practices.
28 (2) A general working knowledge of livestock waste
29 handling practices and procedures.
30 (3) A general working knowledge of livestock
31 management operations and related safety issues.
32 (4) An awareness and understanding of the
33 responsibility of the owner or operator for all employees
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1 who may be involved with waste handling.
2 (c) Any certification issued shall be valid for 3 years
3 and thereafter be subject to renewal. A renewal shall be
4 valid for a 3 year period and the procedures set forth in
5 this Section shall be followed. The Department may require
6 anyone who is certified to be recertified in less than 3
7 years for just cause including but not limited to repeated
8 complaints where investigations reveal the need to improve
9 management practices.
10 (d) Methods for obtaining certified livestock manager
11 status.
12 (1) The owner or operator of a livestock waste
13 handling facility serving 300 or greater animal units but
14 less than 1,000 animal units shall become a certified
15 livestock manager by:
16 (A) attending a training session conducted by
17 the Department of Agriculture, Cooperative Extension
18 Service, or any agriculture association, which has
19 been approved by or is in cooperation with the
20 Department; or
21 (B) in lieu of attendance at a training
22 session, successfully completing a written
23 competency examination.
24 (2) The owner or operator of a livestock waste
25 handling facility serving 1,000 or greater animal units
26 shall become a certified livestock manager by attending a
27 training session conducted by the Department of
28 Agriculture, Cooperative Extension Service, or any
29 agriculture association, which has been approved by or is
30 in cooperation with the Department and successfully
31 completing a written competency examination.
32 (e) The certified livestock manager certificate shall be
33 issued by the Department and shall indicate that the person
34 named on the certificate is certified as a livestock
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1 management facility manager, the dates of certification, and
2 when renewal is due.
3 (f) The Department shall charge $50 $10 for the issuance
4 or renewal of a certified livestock manager certificate. The
5 Department may, by rule, establish fees to cover the costs of
6 materials and training for training sessions given by the
7 Department.
8 (g) The owner or operator of a livestock waste handling
9 facility operating in violation of the provisions of
10 subsection (a) of this Section shall be issued a warning
11 letter for the first violation and shall be required to have
12 a certified manager for the livestock waste handling facility
13 within 30 working days. For failure to comply with the
14 warning letter within the 30 day period, the person shall be
15 fined an administrative penalty of up to $1,000 by the
16 Department and shall be required to enter into an agreement
17 to have a certified manager for the livestock waste handling
18 facility within 30 working days. For continued failure to
19 comply, the Department may issue an operational cease and
20 desist order until compliance is attained.
21 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
22 (510 ILCS 77/35)
23 Sec. 35. Setbacks for livestock management and livestock
24 handling facilities.
25 (a) Grandfather provision; facilities in existence prior
26 to July 15, 1991. Livestock management facilities and
27 livestock waste handling facilities in existence prior to
28 July 15, 1991 shall comply with setbacks in existence prior
29 to July 15, 1991, as set forth in the Illinois Environmental
30 Protection Act and rules promulgated under that Act.
31 (b) Grandfather provision; facilities in existence on
32 effective date and after July 15, 1991. Livestock management
33 facilities and livestock waste handling facilities in
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1 existence on the effective date of this Act but after July
2 15, 1991 shall comply with setbacks in existence prior to the
3 effective date of this Act, as set forth in the Illinois
4 Environmental Protection Act and rules promulgated under that
5 Act.
6 (c) New livestock management or livestock waste handling
7 facilities. Any new facility shall comply with the following
8 setbacks:
9 (1) For purposes of determining setback distances,
10 minimum distances shall be measured from the nearest
11 corner of the residence or place of common assembly to
12 the nearest corner of the livestock earthen waste
13 handling facility lagoon or livestock management
14 facility, whichever is closer.
15 (2) A livestock management facility or livestock
16 waste handling facility serving less than 50 animal
17 units shall be exempt from setback distances as set forth
18 in this Act but shall be subject to rules promulgated
19 under the Illinois Environmental Protection Act.
20 (3) For a livestock management facility or waste
21 handling facility serving 50 or greater but less than
22 1,000 animal units, the minimum setback shall be 1/4 mile
23 from the nearest occupied non-farm residence and 1/2 mile
24 from the nearest populated area.
25 (4) For a livestock management facility or
26 livestock waste handling facility serving 1,000 or
27 greater but less than 7,000 animal units, the setback is
28 as follows:
29 (A) For a populated area, the minimum setback
30 shall be increased 440 feet over the minimum setback
31 of 1/2 mile for each additional 1,000 animal units
32 over 1,000 animal units.
33 (B) For any occupied residence, the minimum
34 setback shall be increased 220 feet over the minimum
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1 setback of 1/4 mile for each additional 1,000 animal
2 units over 1,000 animal units.
3 (5) For a livestock management facility or
4 livestock waste handling facility serving 7,000 or
5 greater animal units, the setback is as follows:
6 (A) For a populated area, the minimum setback
7 shall be 1 mile.
8 (B) For any occupied residence, the minimum
9 setback shall be 1/2 mile.
10 (d) Requirements governing the location of a new
11 livestock management facility and new livestock
12 waste-handling facility and conditions for exemptions or
13 compliance with the maximum feasible location as provided in
14 rules adopted pursuant to the Illinois Environmental
15 Protection Act concerning agriculture regulated pollution
16 shall apply to those facilities identified in subsections (b)
17 and (c) of this Section. With regard to the maximum feasible
18 location requirements, any reference to a setback distance in
19 the rules under the Illinois Environmental Protection Act
20 shall mean the appropriate distance as set forth in this
21 Section.
22 (e) Setback category shall be determined by the design
23 capacity in animal units of the livestock management
24 facility.
25 (f) Setbacks may be decreased when innovative designs as
26 approved by the Department are incorporated into the
27 facility.
28 (g) A setback may be decreased when waivers are obtained
29 from owners of residences that are occupied and located in
30 the setback area.
31 (Source: P.A. 89-456, eff. 5-21-96.)
32 (510 ILCS 77/36 new)
33 Sec. 36. Construction in flood plain and other areas;
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1 prohibition. After the effective date of this amendatory Act
2 of the 91st General Assembly, no livestock management
3 facility or livestock waste handling facility of 500 or
4 greater animal units shall be constructed in (i) the 100-year
5 flood plain, (ii) any area with karst topography, or (iii)
6 any area where aquifer material is found 5 feet or less below
7 the bottom of the livestock management facility or the
8 livestock waste handling facility.
9 (510 ILCS 77/51 new)
10 Sec. 51. Joint and several liability. All owners,
11 operators, and controlling persons of a livestock management
12 facility of a livestock waste handling facility shall be
13 jointly and severally liable for penalties or damages to
14 private or public property resulting from violations of Title
15 35, Subtitle E of the Environmental Protection Act and from
16 violations of this Act. For the purposes of this Section,
17 "controlling person" includes any person who, through
18 contract or otherwise, participates in the management of a
19 facility unless the person is a natural person who is an
20 employee of the owner or operator.
21 There shall be no liability under this Section for any
22 financial institution as that term is defined in Section 2 of
23 the Illinois Banking Act nor to any other federally chartered
24 or regulated financial institution that has acquired an
25 ownership interest in a livestock waste handling facility or
26 in livestock through foreclosure, receivorship, or otherwise
27 under the terms of a security interest held by the financial
28 institution or whose ownership interest, control, or
29 specifications arise through the terms of an extension of
30 credit made by the financial institution to the owner or
31 operator of a livestock waste handling facility or livestock.
32 There shall also be no liability under this Section for a
33 trustee, executor, administrator, guardian, receiver,
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1 conservator, or other person whose ownership interest,
2 control, or specification arises in a fiduciary capacity.
3 (510 ILCS 77/95 new)
4 Sec. 95. Violations of Environmental Protection Act.
5 Livestock management facilities and livestock waste handling
6 facilities shall be subject to penalties and liability for
7 any violations of the Environmental Protection Act including,
8 but not limited to, violations of subsection (a) of Section 9
9 and subsections (a) and (b) of Section 12 of that Act.
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 510 ILCS 77/10.30
4 510 ILCS 77/10.40
5 510 ILCS 77/10.65 new
6 510 ILCS 77/15
7 510 ILCS 77/16
8 510 ILCS 77/17
9 510 ILCS 77/20
10 510 ILCS 77/25
11 510 ILCS 77/30
12 510 ILCS 77/35
13 510 ILCS 77/36 new
14 510 ILCS 77/51 new
15 510 ILCS 77/95 new