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91_SB1199sam001 LRB9102177LDmbam03 1 AMENDMENT TO SENATE BILL 1199 2 AMENDMENT NO. . Amend Senate Bill 1199 by replacing 3 the title with the following: 4 "AN ACT to amend the Livestock Management Facilities 5 Act."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Livestock Management Facilities Act is 9 amended by changing Sections 15, 20, 35, and 55 and adding 10 Sections 10.24, 10.26, 11, 12, 12.1, 13, and 18 as follows: 11 (510 ILCS 77/10.24 new) 12 Sec. 10.24. Karst Area. "Karst area" means an area with 13 a land surface containing sinkholes, large springs, disrupted 14 land drainage, and underground drainage systems associated 15 with karstified carbonate bedrock and caves or a land surface 16 without these features but containing a karstified carbonate 17 bedrock unit generally overlain by less than 60 feet of 18 unconsolidated materials. 19 (510 ILCS 77/10.26 new) 20 Sec. 10.26. Karstified carbonate bedrock. "Karstified -2- LRB9102177LDmbam03 1 carbonate bedrock" means a carbonate bedrock unit (limestone 2 or dolomite) that has a pronounced conduit or secondary 3 porosity due to dissolution of the rock along joints, 4 fractures, or bedding plains. 5 (510 ILCS 77/11 new) 6 Sec. 11. Filing notice of intent to construct and 7 construction data; registration of facilities. 8 (a) An owner or operator shall file a notice of intent 9 to construct for a livestock management facility or livestock 10 waste handling facility with the Department prior to 11 construction to establish a base date, which shall be valid 12 for one year, for determination of setbacks in compliance 13 with setback distances or, in the case of construction that 14 is not a new facility, with the maximum feasible location 15 requirements of Section 35 of this Act. 16 (b) For a livestock waste handling facility that is not 17 subject to Section 12 of this Act, a construction plan of the 18 waste handling structure with design specifications of the 19 structure noted as prepared by or for the owner or operator 20 shall be filed with the Department at least 10 calendar days 21 prior to the anticipated dates of construction. Upon receipt 22 of the notice of intent to construct form or the construction 23 plan, the Department shall review the documents to determine 24 if all information has been submitted or if clarification is 25 needed. The Department shall, within 15 calendar days of 26 receipt of a notice of intent to construct or the 27 construction plan, notify the owner or operator that 28 construction may begin or that clarification is needed. 29 (c) For a livestock waste handling facility that is 30 subject to Section 12 of this Act, a completed registration 31 shall be filed with the Department at least 37 calendar days 32 prior to the anticipated dates of construction. The 33 registration shall include the following: (i) the name and -3- LRB9102177LDmbam03 1 address of the owner and operator of the livestock waste 2 handling facility; (ii) a general description of the 3 livestock waste handling structure and the type and number of 4 the animal units of livestock it serves; (iii) the 5 construction plan of the waste handling structure with design 6 specifications of the structure noted as prepared by or for 7 the owner or operator, and (iv) anticipated dates of 8 construction. The Department shall, within 15 calendar days 9 of receipt of the registration form, notify the person 10 submitting the form that the registration is complete or that 11 clarification information is needed. 12 (d) Any owner or operator who fails to file a notice of 13 intent to construct form or construction plans with the 14 Department prior to commencing construction, upon being 15 discovered by the Department, shall be subject to an 16 administrative hearing by the Department. The administrative 17 law judge, upon determination of a failure to file the 18 appropriate form, shall impose a civil administrative penalty 19 in an amount no more than $1,000 and shall enter an 20 administrative order directing that the owner or operator 21 file the appropriate form within 10 business days after 22 receiving notice from the Department. If, after receiving 23 the administrative law judge's order to file, the owner or 24 operator fails to file the appropriate form with the 25 Department, the Department shall impose a civil 26 administrative penalty in an amount no less than $1,000 and 27 no more than $2,500 and shall enter an administrative order 28 prohibiting the operation of the facility until the owner or 29 operator is in compliance with this Act. Penalties under this 30 subsection (d) not paid within 60 days of notice from the 31 Department shall be submitted to the Attorney General's 32 office or an approved private collection agency. 33 (510 ILCS 77/12 new) -4- LRB9102177LDmbam03 1 Sec. 12. Public informational meeting; lagoons and 2 non-lagoon structures. 3 (a) Beginning on the effective date of this amendatory 4 Act of 1999, within 7 days after receiving a form giving 5 notice of intent to construct (i) a new livestock management 6 facility or livestock waste handling facility serving 1,000 7 or more animal units that does not propose to utilize a 8 lagoon or (ii) a livestock waste management facility or 9 livestock waste handling facility that does propose to 10 utilize a lagoon, the Department shall send a copy of the 11 notice form to the county board of the county in which the 12 facility is to be located and shall publish a public notice 13 in a newspaper of general circulation within the county. 14 After receiving a copy of the notice form from the 15 Department, the county board may, at its discretion and 16 within 30 days after receipt of the notice, request that the 17 Department conduct an informational meeting concerning the 18 proposed construction that is subject to this Section. In 19 addition, during the county's 30-day review period, county 20 residents may petition the county board of the county where 21 the proposed new facility will be located to request that the 22 Department conduct an informational meeting. When petitioned 23 by 75 or more of the county's residents who are registered 24 voters, the county board shall request that the Department 25 conduct an informational meeting. If the county board 26 requests that the Department conduct the informational 27 meeting, the Department shall conduct the informational 28 meeting within 15 days of the county board's request. If the 29 Department conducts such a meeting, it shall cause notice of 30 the meeting to be published in a newspaper of general 31 circulation in the county and in the State newspaper and 32 shall send a copy of the notice to the County Board. Upon 33 receipt of the notice, the County Board shall post the notice 34 on the public informational board at the county courthouse at -5- LRB9102177LDmbam03 1 least 10 days before the meeting. The owner or operator who 2 submitted the notice of intent to construct to the Department 3 shall appear at the meeting. At the meeting, the Department 4 shall afford members of the public an opportunity to ask 5 questions and present oral or written comments concerning the 6 proposed construction. 7 (b) The county board shall submit at the informational 8 meeting or within 30 days following the meeting an advisory, 9 non-binding recommendation to the Department about the 10 proposed new facility's construction in accordance with the 11 applicable requirements of this Act. The advisory, 12 non-binding recommendation shall contain at a minimum: 13 (1) a statement of whether the proposed facility 14 achieves or fails to achieve each of the 8 siting 15 criteria as outlined in subsection (d); and 16 (2) a statement of the information and criteria 17 used by the county board in determining that the proposed 18 facility met or failed to meet any of the criteria 19 described in subsection (d). 20 (c) When the county board requests an informational 21 meeting, construction shall not begin until after the 22 informational meeting has been held, the Department has 23 reviewed the county board's recommendation and replied to the 24 recommendation indicating if the proposed new livestock 25 management facility or the new livestock waste handling 26 facility is or will be in compliance with the requirements of 27 the Act, and the owner, operator, or certified manager and 28 operator has received the Department's notice that the 29 setbacks and all applicable requirements of this Act have 30 been met. 31 (d) At the informational meeting for the proposed 32 facility, the Department of Agriculture shall receive 33 evidence by testimony or otherwise on the following subjects: 34 (1) Whether registration and livestock waste -6- LRB9102177LDmbam03 1 management plan certification requirements, if required, 2 are met by the notice of intent to construct. 3 (2) Whether the design, location, or proposed 4 operation will protect the environment by being 5 consistent with this Act. 6 (3) Whether the location minimizes any 7 incompatibility with the surrounding area's character by 8 being located in any area zoned for agriculture where the 9 county has zoning or where the county is not zoned, the 10 setback requirements established by this Act are complied 11 with. 12 (4) Whether the facility is located within a 13 100-year floodplain or an otherwise environmentally 14 sensitive area (defined as an area of karst area or with 15 aquifer material within 5 feet of the bottom of the 16 livestock waste handling facility) and whether 17 construction standards set forth in the notice of intent 18 to construct are consistent with the goal of protecting 19 the safety of the area. 20 (5) Whether the owner or operator has submitted 21 plans for operation that minimize the likelihood of any 22 environmental damage to the surrounding area from spills, 23 runoff, and leaching. 24 (6) Whether odor control plans are reasonable and 25 incorporate reasonable or innovative odor reduction 26 technologies given the current state of such 27 technologies. 28 (7) Whether traffic patterns minimize the effect on 29 existing traffic flows. 30 (8) Whether construction or modification of a new 31 facility is consistent with existing community growth, 32 tourism, recreation, or economic development or with 33 specific projects involving community growth, tourism, 34 recreation, or economic development that have been -7- LRB9102177LDmbam03 1 identified by government action for development or 2 operation within one year through compliance with 3 applicable zoning and setback requirements for populated 4 areas as established by this Act. 5 (510 ILCS 77/12.1 new) 6 Sec. 12.1. Final determination. 7 (a) Within 15 calendar days of the close of the comment 8 period under subsection (b) of Section 12, the Department 9 shall determine if, more likely than not, the provisions of 10 the Act have been met and shall send notice to the applicant 11 and the county board indicating that construction may 12 proceed. If the Department finds that, more likely than not, 13 the provisions of the Act have not been met the Department 14 shall send notice to the applicant that construction is 15 prohibited. 16 (a-5) If the Department finds that additional 17 information or that specific changes are needed in order to 18 assist the Department in making the determination under 19 subsection (a) of this Section, the Department may request 20 such information or changes from the owner or operator of the 21 new livestock waste handling facility or waste management 22 facility. 23 (b) If no informational meeting is held, the Department 24 shall, within 15 calendar days following the end of the 25 period for the county board to request an informational 26 meeting, notify the owner or operator that construction may 27 begin or that clarification is needed. 28 (c) If the owner or operator of a proposed livestock 29 management facility or livestock waste handling facility 30 amends the facility plans during the Department's review, the 31 Department shall notify the county board, which may exercise 32 its option of a public informational meeting pursuant to 33 Section 12 of this Act. -8- LRB9102177LDmbam03 1 (d) If the owner or operator of a proposed new livestock 2 management or new livestock waste handling facility amends 3 the facility plans during the Department's review process by 4 increasing the animal unit capacity of the facility such that 5 the required setback distances will be increased, the owner 6 or operator shall submit a revised notice of intent to 7 construct and comply with applicable provisions of this Act. 8 (510 ILCS 77/13 new) 9 Sec. 13. Livestock waste handling facilities other than 10 earthen livestock waste lagoons; construction standards; 11 certification; inspection; removal-from-service requirements. 12 (a) After the effective date of this amendatory Act of 13 1999, livestock waste handling facilities other than earthen 14 livestock waste lagoons used for the storage of livestock 15 waste shall be constructed in accordance with this Section. 16 (1) Livestock waste handling facilities constructed 17 of concrete shall meet the strength and load factors set 18 forth in the Midwest Plan Service's Concrete Manure 19 Storages Handbook (MWPS-36) and future updates. In 20 addition, those structures shall meet the following 21 requirements: 22 (A) Waterstops shall be incorporated into the 23 design of the storage structure when consistent with 24 the requirements of paragraph (1) of this 25 subsection; 26 (B) Storage structures that handle waste in a 27 liquid form shall be designed to contain a volume of 28 not less than the amount of waste generated during 29 150 days of facility operation at design capacity; 30 and 31 (C) Storage structures not covered or 32 otherwise protected from precipitation shall, in 33 addition to the waste storage volume requirements of -9- LRB9102177LDmbam03 1 subparagraph (B) of paragraph (1) of this 2 subsection, include a 2-foot freeboard. 3 (2) A livestock waste handling facility in a 4 prefabricated form shall meet the strength, load, and 5 compatibility factors for its intended use. Those 6 factors shall be verified by the manufacturer's 7 specifications. 8 (3) Livestock waste handling facilities holding 9 semi-solid livestock waste, including but not limited to 10 picket dam structures, shall be constructed according to 11 the requirements set forth in the Midwest Plan Service's 12 Livestock Waste Facilities Handbook (MWPS-18) and future 13 updates or similar standards used by the Natural 14 Resources Conservation Service of the United States 15 Department of Agriculture. 16 (4) Livestock waste handling facilities holding 17 solid livestock waste shall be constructed according to 18 the requirements set forth in the Midwest Plan Service's 19 Livestock Waste Facilities Handbook (MWPS-18) and future 20 updates or similar standards used by the Natural 21 Resources Conservation Service of the United States 22 Department of Agriculture. In addition, solid livestock 23 waste stacking structures shall be sized to store not 24 less than the amount of waste generated during 6 months 25 of facility operation at design capacity. 26 (5) Holding ponds used for the temporary storage of 27 livestock feedlot run-off shall be constructed according 28 to the requirements set forth in the Midwest Plan 29 Service's Livestock Waste Facilities Handbook (MWPS-18) 30 and future updates or similar standards used by the 31 Natural Resources Conservation Service of the United 32 States Department of Agriculture. 33 (b) New livestock management facilities and livestock 34 waste handling facilities constructed after the effective -10- LRB9102177LDmbam03 1 date of this amendatory Act of 1999 shall be subject to the 2 additional construction requirements and siting prohibitions 3 provided in this subsection (b). 4 (1) No new non-lagoon livestock management facility 5 or livestock waste handling facility may be constructed 6 within the floodway of a 100-year floodplain. A new 7 livestock management facility or livestock waste handling 8 facility may be constructed within the portion of a 9 100-year floodplain that is within the flood fringe and 10 outside the floodway provided that the facility is 11 designed and constructed to be protected from flooding 12 and meets the requirements set forth in the Rivers, 13 Lakes, and Streams Act, Section 5-40001 of the Counties 14 Code, and Executive Order Number 4 (1979). The 15 delineation of floodplains, floodways, and flood fringes 16 shall be in compliance with the National Flood Insurance 17 Program. Protection from flooding shall be consistent 18 with the National Flood Insurance Program and shall be 19 designed so that stored livestock waste is not readily 20 removed. 21 (2) A new non-lagoon livestock waste handling 22 facility constructed in a karst area shall be designed to 23 prevent seepage of the stored material into groundwater 24 in accordance with ASAE 393.2 or future updates. Owners 25 or operators of proposed facilities should consult with 26 the local soil and water conservation district, the 27 University of Illinois Cooperative Extension Service, or 28 other local, county, or State resources relative to 29 determining the possible presence or absence of such 30 areas. Notwithstanding the other provisions of this 31 paragraph (2), after the effective date of this 32 amendatory Act of 1999, no non-lagoon livestock waste 33 handling facility may be constructed within 400 feet of 34 any natural depression in a karst area formed as a result -11- LRB9102177LDmbam03 1 of subsurface removal of soil or rock materials that has 2 caused the formation of a collapse feature that exhibits 3 internal drainage. For the purposes of this paragraph 4 (2), the existence of such a natural depression in a 5 karst area shall be indicated by the uppermost closed 6 depression contour lines on a USGS 7 1/2 minute 7 quadrangle topographic map or as determined by Department 8 field investigation in a karst area. 9 (3) A new non-lagoon livestock waste handling 10 facility constructed in an area where aquifer material is 11 present within 5 feet of the bottom of the facility shall 12 be designed to ensure the structural integrity of the 13 containment structure and to prevent seepage of the 14 stored material to groundwater. Footings and underlying 15 structure support shall be incorporated into the design 16 standards of the storage structure in accordance with the 17 requirements of Section 4.1 of the American Society of 18 Agricultural Engineers (ASAE) EP 393.2 or future updates. 19 (c) A livestock waste handling facility owner may rely 20 on guidance from the local soil and water conservation 21 district, the Natural Resources Conservation Service of the 22 United States Department of Agriculture, or the University of 23 Illinois Cooperative Extension Service for soil type and 24 associated information. 25 (d) The standards in subsections (a) and (b) shall serve 26 as interim construction standards until such time as 27 permanent rules promulgated pursuant to Section 55 of this 28 Act become effective. In addition, the Department and the 29 Board shall utilize the interim standards in subsections (a) 30 and (b) as a basis for the development of such permanent 31 rules. 32 (e) The owner or operator of a livestock management 33 facility or livestock waste handling facility may, with the 34 approval of the Department, elect to exceed the strength and -12- LRB9102177LDmbam03 1 load requirements as set forth in this Section. 2 (f) The owner or operator of a livestock management 3 facility or livestock waste handling facility shall send, by 4 certified mail or in person, to the Department a 5 certification of compliance together with copies of 6 verification documents upon completion of construction. In 7 the case of structures constructed with the design standards 8 used by the Natural Resources Conservation Service of the 9 United States Department of Agriculture, copies of the design 10 standards and a statement of verification signed by a 11 representative of the United States Department of Agriculture 12 shall accompany the owner's or operator's certification of 13 compliance. The certification shall state that the structure 14 meets or exceeds the requirements in subsection (a) of this 15 Section. A $250 filing fee shall accompany the statement. 16 (g) The Department shall inspect the construction site 17 prior to construction, during construction, and within 10 18 business days following receipt of the certification of 19 compliance to determine compliance with the construction 20 standards. 21 (h) The Department shall require modification when 22 necessary to bring the construction into compliance with the 23 standards set forth in this Section. The person making the 24 inspection shall discuss with the owner, operator, or 25 certified livestock manager an evaluation of the livestock 26 waste handling facility construction and shall (i) provide 27 on-site written recommendations to the owner, operator, or 28 certified livestock manager of what modifications are 29 necessary or (ii) inform the owner, operator, or certified 30 livestock manager that the facility meets the standards set 31 forth in this Section. On the day of the inspection, the 32 person making the inspection shall give the owner, operator, 33 or certified livestock manager a written report of findings 34 based on the inspection together with an explanation of -13- LRB9102177LDmbam03 1 remedial measures necessary to enable the livestock waste 2 handling facility to meet the standards set forth in this 3 Section. The Department shall, within 5 business days of the 4 date of inspection, send an official written notice to the 5 owner or operator of the livestock waste handling facility by 6 certified mail, return receipt requested, indicating that the 7 facility meets the standards set forth in this Section or 8 identifying the remedial measures necessary to enable the 9 livestock waste handling facility to meet the standards set 10 forth in this Section. The owner or operator shall, within 11 10 business days of receipt of an official written notice of 12 deficiencies, contact the Department to develop the 13 principles of an agreement of compliance. The owner or 14 operator and the Department shall enter into an agreement of 15 compliance setting forth the specific changes to be made to 16 bring the construction into compliance with the standards 17 required under this Section. If an agreement of compliance 18 cannot be achieved, the Department shall issue a compliance 19 order to the owner or operator outlining the specific changes 20 to be made to bring the construction into compliance with the 21 standards required under this Section. The owner or operator 22 can request an administrative hearing to contest the 23 provisions of the Department's compliance order. 24 (j) If any owner or operator operates in violation of an 25 agreement of compliance, the Department shall seek an 26 injunction in circuit court to prohibit the operation of the 27 facility until construction and certification of the 28 livestock waste handling facility are in compliance with the 29 provisions of this Section. 30 (k) When any livestock management facility not using an 31 earthen livestock waste lagoon is removed from service, the 32 accumulated livestock waste remaining within the facility 33 shall be removed and applied to land at rates consistent with 34 a waste management plan for the facility. Removal of the -14- LRB9102177LDmbam03 1 waste shall occur within 12 months after the date livestock 2 production at the facility ceases. In addition, the owner or 3 operator shall make provisions to prevent the accumulation of 4 precipitation within the livestock waste handling facility. 5 Upon completion of the removal of manure, the owner or 6 operator of the facility shall notify the Department that the 7 facility is being removed from service and the remaining 8 manure has been removed. The Department shall conduct an 9 inspection of the livestock waste handling facility and 10 inform the owner or operator in writing that the requirements 11 imposed under this subsection (k) have been met or that 12 additional actions are necessary. Commencement of operations 13 at a facility that has livestock shelters left intact and 14 that has completed the requirements imposed under this 15 subsection (k) and that has been operated as a livestock 16 management facility or livestock waste handling facility for 17 4 consecutive months at any time within the previous 10 years 18 shall not be considered a new or expanded livestock 19 management or waste handling facility. A new facility 20 constructed after May 21, 1996 that has been removed from 21 service for a period of 2 or more years shall not be placed 22 back into service prior to an inspection of the livestock 23 waste handling facility and receipt of written approval by 24 the Department. 25 (510 ILCS 77/15) 26 Sec. 15. Livestock waste lagoon. 27 (a) Standards for livestock waste lagoon construction. 28 Any earthen livestock waste lagoon subject to registration 29 shall be constructed or modified in accordance with "Design 30 of Anaerobic Lagoons for Animal Waste Management" promulgated 31 by the American Society of Agricultural Engineers or the 32 national guidelines as published by the United States 33 Department of Agriculture Natural Resource Conservation -15- LRB9102177LDmbam03 1 Service in Illinois and titled Waste Treatment Lagoon. The 2 owner or operator of the earthen livestock lagoon may, with 3 approval from the Department, modify or exceed these 4 standards in order to meet site specific objectives. 5 Notwithstanding any other requirement of this subsection, 6 every earthen livestock waste lagoon shall include the 7 construction of a secondary berm, filter strip, grass 8 waterway, or terrace, or any combination of those, outside 9 the perimeter of the primary berm if an engineer licensed 10 under the Professional Engineering Practice Act of 1989 and 11 retained by the registrant determines, with the concurrence 12 of the Department, that construction of such a secondary berm 13 or other feature or features is necessary in order to ensure 14 against a release of livestock waste from the lagoon (i) that 15 encroaches or is reasonably expected to encroach upon land 16 other than the land occupied by the livestock waste handling 17 facility of which the lagoon is a part or (ii) that enters 18 or is reasonably expected to enter the waters of this State. 19 The Department shall determine compliance with these 20 requirements. The Department may require changes in design 21 or additional requirements to protect groundwater, such as 22 extra liner depth or synthetic liners, when it appears 23 groundwater could be impacted. 24 (a-5) New earthen livestock waste lagoons constructed 25 after the effective date of this amendatory Act of 1999 shall 26 be subject to additional construction requirements and siting 27 prohibitions as provided in this subsection (a-5). 28 (1) No new earthen livestock waste lagoon may be 29 constructed within the floodway of a 100-year floodplain. 30 A new earthen livestock waste lagoon may be constructed 31 within the portion of a 100-year floodplain that is 32 within the flood fringe and outside the floodway provided 33 that the facility is designed and constructed so that 34 livestock waste is not readily removed during flooding -16- LRB9102177LDmbam03 1 and meets the requirements set forth in the Rivers, 2 Lakes, and Streams Act, Section 5-40001 of the Counties 3 Code, and Executive Order Number 4 (1979). The 4 delineation of floodplains, floodways, and flood fringes 5 shall be in compliance with the National Flood Insurance 6 Program. 7 (2) A new earthen livestock waste lagoon 8 constructed in a karst area shall be designed to prevent 9 seepage of the stored material to groundwater. Owners or 10 operators of proposed facilities shall consult with the 11 local soil and water conservation district, the 12 University of Illinois Cooperative Extension Service, or 13 other local, county, or state resources relative to 14 determining the possible presence or absence of such 15 areas. Notwithstanding the other provisions of this 16 paragraph (2), after the effective date of this 17 amendatory Act of 1999, no earthen livestock waste lagoon 18 may be constructed within 400 feet of any natural 19 depression in a karst area formed as a result of 20 subsurface removal of soil or rock materials that has 21 caused the formation of a collapse feature that exhibits 22 internal drainage. For the purposes of this paragraph 23 (2), the existence of such natural depression in a karst 24 area shall be indicated by the uppermost closed 25 depression contour lines on a USGS 7 1/2 minute 26 quadrangle topographic map or as determined by Department 27 field investigation in a karst area. 28 (b) Registration and certification. Any earthen 29 livestock waste lagoon newly constructed or modified (does 30 not include repairs) after the effective date of rules 31 adopted for the implementation of this Act shall be 32 registered by the owner or operator with the Department on a 33 form provided by the Department. Lagoons constructed prior 34 to the effective date of rules adopted for the implementation -17- LRB9102177LDmbam03 1 of this Act may register with the Department at no charge. 2 In order to give the Department notice of the owner's or 3 operator's intent to construct or modify an earthen livestock 4 waste lagoon, the owner or operator shall register such 5 lagoon with the Department during the preconstruction phase. 6 Construction shall not begin until 30 days after submittal of 7 a registration form by certified mail to the Department. 8 When an informational meeting is requested by the county, 9 construction shall not begin until after the informational 10 meeting has been held. 11 Livestock waste lagoon registration forms shall be made 12 available to producers at offices of the Department of 13 Agriculture, Cooperative Extension Service, and Soil and 14 Water Conservation Districts. 15 Registration information shall include the following: 16 (1) Name(s) and address(es) of the owner and 17 operator who are responsible for the livestock waste 18 lagoon. 19 (2) General location of lagoon. 20 (3) Design construction plans and specifications. 21 (4) Specific location information: 22 (A) Distance to a private or public potable 23 well; 24 (B) Distance to closest occupied private 25 residence (other than any occupied by owner or 26 operator); 27 (C) Distance to nearest stream; and 28 (D) Distance to nearest populated area. 29 (5) Anticipated beginning and ending dates of 30 construction. 31 (6) Type of livestock and number of animal units. 32 The Department of Agriculture upon receipt of a livestock 33 waste lagoon registration form shall review the form to 34 determine that all required information has been provided. -18- LRB9102177LDmbam03 1 The person filing the registration shall be notified within 2 15 working days that the registration is complete or that 3 clarification of information is needed. No later than 10 4 working days after receipt of the clarification information, 5 the Department shall notify the owner or operator that the 6 registration is complete. 7 The Department shall inspect an earthen livestock waste 8 lagoon during preconstruction, construction, and 9 post-construction. The Department shall require 10 modifications when necessary to bring construction in 11 compliance with the standards as set forth in subsection (a) 12 of Section 15. The person making the inspection shall 13 discuss with the owner, operator, or certified livestock 14 manager an evaluation of the livestock waste lagoon 15 construction and shall (i) provide on-site written 16 recommendations to the owner, operator, or certified 17 livestock manager of what modifications are necessary or (ii) 18 inform the owner, operator, or certified livestock manager 19 that the lagoon meets the standards set forth in subsection 20 (a) of Section 15. On the day of the inspection, the person 21 making the inspection shall give the owner, operator, or 22 certified livestock manager a written report of his or her 23 findings based on the inspection, together with an 24 explanation of any remedial measures necessary to enable the 25 lagoon to meet the standards set forth in subsection (a). 26 The person making any inspection shall comply with 27 reasonable animal health protection procedures as requested 28 by the owner, operator, or certified livestock manager. 29 Upon completion of the construction or modification, but 30 prior to placing the lagoon in service, the owner or operator 31 of the livestock waste lagoon shall certify on a form 32 provided by the Department that the lagoon has been 33 constructed or modified in accordance with the standards set 34 forth in subsection (a) of Section 15 and that the -19- LRB9102177LDmbam03 1 information provided on the registration form is correct. 2 (1) The certification notice to the Department 3 shall include a certification statement and signature. 4 (2) The certification shall state: "I hereby 5 certify that the information provided on this form is 6 correct and that the lagoon has been constructed in 7 accordance with the standards as required by the 8 Livestock Management Facilities Act." 9 Within 10 business days of receipt of the certification 10 of compliance, the Department shall inspect the lagoon site. 11 The Department shall, within 5 business days of the date of 12 inspection, send an official written notice by certified 13 mail, return receipt requested, to the owner or operator of 14 the facility indicating that all the requirements of this 15 Section have been met or that deficiencies exist that must be 16 corrected prior to the completion of the lagoon registration 17 process and the placement of the lagoon into service. The 18 owner or operator of the lagoon may proceed to place the 19 lagoon in service after receipt of the Department's notice 20 that all the requirements of this Section have been metno21earlier than 10 working days after submitting to the22Department a certification of compliance statement. 23(b-5) Public informational meeting. Within 7 days after24receiving a registration form giving notice of an intent to25construct or modify an earthen livestock waste lagoon after26the effective date of this amendatory Act of 1997, the27Department shall send a copy of the registration form to the28county board of the county in which the lagoon is or is to29be located. After receiving a copy of a lagoon registration30form from the Department under this subsection, within 3031days the county board may at its discretion request that the32Department conduct a public informational meeting within 1533days of the request concerning the proposed construction or34modification of the lagoon. If the Department conducts such-20- LRB9102177LDmbam03 1a meeting, then at least 10 days before the meeting, the2Department shall cause notice of the meeting to be published3in a newspaper of general circulation in the county or the4State newspaper. The owner or operator who submitted the5registration form to the Department shall appear at the6meeting. At the meeting, the Department shall afford members7of the public an opportunity to ask questions and present8oral or written testimony concerning the proposed9construction or modification of the lagoon.10 (c) Complaint procedure. Any person having a complaint 11 concerning an earthen livestock waste lagoon may file a 12 complaint with the Agency. If the Agency finds that 13 groundwater has been negatively impacted because of 14 structural problems with the earthen lagoon, the Agency shall 15 notify the Department that modification of the lagoon is 16 necessary. The livestock owner or operator or the Department 17 may request guidance from the United States Department of 18 Agriculture Natural Resource Conservation Service or the 19 University of Illinois Cooperative Extension Service. 20 The person making any inspection shall comply with animal 21 health protection procedures as requested by the owner or 22 operator. 23 Any earthen livestock waste lagoon in service prior to 24 the effective date of the rules for implementation of this 25 Act is not subject to registration but is only subject to the 26 complaint procedure. However, any such livestock waste 27 lagoon found impacting groundwater shall be required to be 28 repaired, modified, or have procedures instituted so 29 groundwater is not negatively impacted. 30 If an investigation reveals groundwater has been 31 negatively impacted, the Department and Agency shall 32 cooperate with the owner or operator of the affected 33 livestock waste lagoon to provide a reasonable solution to 34 protect the groundwater. -21- LRB9102177LDmbam03 1 Nothing in this Section shall limit the Agency's 2 authority under the Environmental Protection Act to 3 investigate and respond to violations of the Environmental 4 Protection Act or rules adopted under that Act. 5 (d) Livestock waste lagoon registration fee. The 6 livestock waste lagoon registration fee is $250$50. 7(d-5) Reporting release of waste. An owner or operator8of a lagoon shall report to the Agency any release of9livestock waste from a lagoon within 24 hours after the10discovery of the release. The procedure for reporting11releases shall be adopted by the Agency by rule.12For a first violation of this subsection (d-5) by the13owner or operator of a livestock management facility or14livestock waste handling facility, the Department shall send15the owner or operator a written notice of the violation by16certified mail, return receipt requested.17If after an administrative hearing the Department finds18that the owner or operator of a livestock management facility19or livestock waste handling facility has committed a second20violation of this subsection (d-5), the Department shall21impose on the owner or operator a civil administrative22penalty in an amount not exceeding $1,000. The Attorney23General may bring an action in the circuit court to enforce24the collection of a penalty imposed under this subsection25(d-5).26If after an administrative hearing the Department finds27that the owner or operator of a livestock management facility28or livestock waste handling facility has committed a third29violation of this subsection (d-5), the Department shall30enter an administrative order directing that the owner or31operator cease operation of the facility until the violation32is corrected.33If a livestock management facility or livestock waste34handling facility has not committed a violation of this-22- LRB9102177LDmbam03 1subsection (d-5) within the 5 years immediately preceding a2violation, the violation shall be construed and treated as a3first violation.4 (e) Closure of livestock waste lagoons. When any earthen 5 livestock waste lagoon is removed from service, it shall be 6 completely emptied. Appropriate closure procedures shall be 7 followed as determined by rule. The remaining hole must be 8 filled. The closure requirements shall be completed within 9 two years from the date of cessation of operation unless the 10 lagoon is maintained or serviced. The Department may grant a 11 waiver to the before-stated closure requirements that will 12 permit the lagoon to be used for an alternative purpose. 13 Upon a change in ownership of a registered earthen 14 livestock waste lagoon, the owner shall notify the Department 15 of the change within 30 working days of the closing of the 16 transaction. 17 (f) Administrative authority. All actions of the 18 Department of Agriculture are subject to the Illinois 19 Administrative Procedure Act. 20 Any earthen livestock waste lagoon subject to 21 registration shall not begin operation until the owner or 22 operator of the lagoon has met the requirements of this Act. 23 The owner or operator of any earthen livestock waste 24 lagoon subject to registration that has not been registered 25 or constructed in accordance with standards set forth in 26 subsection (a) of Section 15 shall, upon being identified as 27 such by the Department, be given written notice by the 28 Department to register and certify the lagoon within 10 29 working days of receipt of the notice. The Department may 30 inspect such lagoon and require compliance in accordance with 31 subsections (a) and (b) of this Section. If the owner or 32 operator of the livestock waste lagoon that is subject to 33 registration fails to comply with the notice, the Department 34 may issue a cease and desist order until such time as -23- LRB9102177LDmbam03 1 compliance is obtained with the requirements of this Act. 2 Failure to construct the lagoon in accordance with the 3 construction plan and Department recommendations is a 4 business offense punishable by a fine of not more than 5 $5,000. 6 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.) 7 (510 ILCS 77/18 new) 8 Sec. 18. Reporting release of waste. 9 (a) An owner or operator of a livestock waste handling 10 facility shall report to the Agency any release of livestock 11 waste from a livestock waste handling facility or from the 12 transport of livestock waste within 24 hours after discovery 13 of the release. Reporting shall not be required in the case 14 of a release of less than 25 gallons that is not released to 15 the waters of the State or from a controlled and recovered 16 release during field application. For the purposes of this 17 subsection (a), waters of the State do not include small 18 temporary accumulations of surface water from precipitation 19 or irrigation systems. The procedure for reporting releases 20 shall be adopted by the Agency by rule. 21 (b) For a first violation of failing to report a release 22 by the owner or operator of a livestock waste handling 23 facility, the Department shall hold an administrative 24 hearing. If, after an administrative hearing, the Department 25 finds that an owner or operator of a livestock waste handling 26 facility has violated subsection (a) of this Act, the 27 Department shall assess a fine not exceeding $1,000. 28 (c) For a second violation of failing to report a 29 release by the owner or operator of a livestock waste 30 handling facility within a 5-year period, the Department 31 shall hold an administrative hearing. If, after the 32 administrative hearing, the Department finds that the owner 33 or operator of a livestock waste handling facility has -24- LRB9102177LDmbam03 1 committed a second violation of failing to report a release 2 within a 5-year period, the Department shall impose on the 3 owner or operator an administrative penalty in an amount not 4 exceeding $2,500. The Attorney General may bring an action 5 in the circuit court to enforce the collection of a penalty 6 imposed for failing to report a release. 7 (d) For a third or subsequent violation of failing to 8 report a release by the owner or operator of a livestock 9 waste handling facility within a 5-year period, the 10 Department shall hold an administrative hearing. If, after 11 the administrative hearing, the Department finds that the 12 owner or operator of a livestock waste handling facility has 13 committed a third or subsequent violation of failing to 14 report a release within a 5-year period, the Department shall 15 impose on the owner or operator an administrative penalty in 16 an amount not exceeding $5,000 and shall seek an injunction 17 in the circuit court through the Attorney General of the 18 State of Illinois. The Attorney General may bring action in 19 the circuit court to enforce the collection of a penalty 20 imposed for failing to report a release. 21 (e) If the owner or operator of a livestock waste 22 handling facility has not committed a violation of failing to 23 report a release within the 5 years immediately preceding a 24 violation, a violation shall be considered and treated as a 25 first violation. 26 (510 ILCS 77/20) 27 Sec. 20. Handling, storing and disposing of livestock 28 waste. 29 (a) The livestock management facility owner or operator 30 shall comply with the requirements for handling, storing, and 31 disposing of livestock wastes as set forth in the rules 32 adopted pursuant to the Illinois Environmental Protection Act 33 concerning agriculture related pollution. -25- LRB9102177LDmbam03 1 (b) The livestock management facility owner or operator 2 at a facility of less than 1,000 animal units shall not be 3 required to prepare and maintain a waste management plan. 4 (c) The livestock management facility owner or operator 5 at a facility of 1,000 or greater animal units but less than 6 5,0007,000animal units shall prepare and maintain on file 7 at the livestock management facility a general waste 8 management plan. Notwithstanding this requirement, a 9 livestock management facility subject to this subsection may 10 be operated on an interim basis but not to exceed 6 months 11 after the effective date of the rules promulgated pursuant to 12 this Act to allow for the owner or operator of the facility 13 to develop a waste management plan. The waste management 14 plan shall be available for inspection during normal business 15 hours by Department personnel. 16 (d) The livestock management facility owner or operator 17 at a facility of 5,0007,000or greater animal units shall 18 prepare, maintain, and submit to the Department the waste 19 management plan for approval. Approval of the waste 20 management plan shall be predicated on compliance with 21 provisions of subsection (f). The waste management plan shall 22 be approved by the Department before operation of the 23 facility or in the case of an existing facility, the waste 24 management plan shall be submitted within 60 working days 25 after the effective date of the rules promulgated pursuant to 26 this Act. 27 The owner or operator of an existing livestock management 28 facility that through growth meets or exceeds 5,0007,00029 animal units shall file its waste management plan with the 30 Department within 60 working days after reaching the stated 31 animal units. 32 The owner or operator of a livestock management facility 33 that is subject to this subsection (d) shall file within 60 34 working days with the Department a revised waste management -26- LRB9102177LDmbam03 1 plan when there is asignificantchange as provided in 2 subsection (e) of this Sectionin items (1), (2), or (10) of3subsection (f)that will materially affect compliance with 4 the waste management plan. 5 (d-5) The owner or operator of multiple livestock 6 management facilities under common facility ownership where 7 the cumulative animal units of the facilities are equal to or 8 greater than the animal unit numbers provided for in 9 subsection (c) of this Section shall prepare and keep on file 10 at each facility a waste management plan in accordance with 11 the requirements of subsection (c). The owner or operator of 12 multiple livestock management facilities that are under 13 common facility ownership where the cumulative animal units 14 of the facilities are equal to or greater than the animal 15 unit numbers provided for in subsection (d) of this Section 16 shall prepare and file with the Department a waste management 17 plan in accordance with the provisions of subsection (d). 18 Cumulative animal units shall be determined by combining the 19 animal units of multiple livestock management facilities 20 under the common facility ownership based upon the design 21 capacity of each facility. For the purposes of this 22 subsection (d-5), "under common facility ownership" means the 23 same person or persons own, directly or indirectly, through 24 majority owned business entities at least 51% of any person 25 or persons (as defined by Section 10.55) that own or operate 26 the livestock management facility or livestock waste handling 27 facility located in the State of Illinois. 28 (e) The owner or operator of a livestock management 29 facility shall update the waste management plan when there is 30 a change in values shown in the plan under item (1) of 31 subsection (f) of this Section. The waste management plan and 32 records of livestock waste disposal shall be kept on file for 33 three years. 34 (f) The application of livestock waste to the land is an -27- LRB9102177LDmbam03 1 acceptable, recommended, and established practice in 2 Illinois. However, when livestock waste is not applied in a 3 responsible manner, it may create pollutional problems. It 4 should be recognized that research relative to livestock 5 waste application based on livestock waste nutrient content 6 is currently ongoing. The Dean of the College of 7 Agricultural, Consumer and Environmental Sciences at the 8 University of Illinois, or his or her designee, shall 9 annually report to the Advisory Committee on the status of 10 phosphorus research, including research that has been 11 supported in whole or in part by the Council for Food and 12 Agricultural Research. The Advisory Committee may also 13 consult with other appropriate research entities on the 14 status of phosphorus research. It is considered acceptable 15 to prepare and implement a waste management plan based on a 16 nitrogen rate, unless otherwise restricted by this Section. 17It should be recognized that, in most cases, if the agronomic18nitrogen rate is met, the phosphorus applied will exceed the19crop requirements, but not all of the phosphorus may be20available for use by the crop. It will be considered21acceptable, therefore, to prepare and implement a waste22management plan based on the nitrogen rate.The waste 23 management plan shall include the following: 24 (1) An estimate of the volume of livestock waste to 25 be disposed of annually, which shall be obtained by 26 multiplying the design capacity of the facility by the 27 appropriate amount of waste generated by the animals. 28 The values showing the amount of waste generated in Table 29 2-1, Midwest Plan Services, MWPS-18, Livestock Waste 30 Management Facilities Handbook or Design Criteria for the 31 field application of livestock waste adopted by the 32 Agency may be used. 33 (2) The number of acres available for disposal of 34 the waste, whether they are owned by the owner or -28- LRB9102177LDmbam03 1 operator of the livestock waste management facility or 2 are shown to be contracted with another person or persons 3 for disposal of waste. 4 (3) An estimate of the nutrient value of the waste. 5 The owner or operator may prepare a plan based on an 6 average of the minimum and maximum numbers in the table 7 values derived from Midwest Plan Services, MWPS-18, 8 Livestock Waste Facilities Handbook, the Agency's 9 Agriculture Related Pollution regulations, or the results 10 of analysis performed on samples of waste. For the 11 purposes of compliance with this subsection, the nutrient 12 values of livestock waste may vary as indicated in the 13 source table. In the case of laboratory analytical 14 results, the nutrient values may vary with the accuracy 15 of the analytical method. 16 (3.5) Results of the Bray P1 or Mehlich test for 17 soil phosphorus reported in pounds of elemental 18 phosphorus per acre. Soil samples shall be obtained and 19 analyzed from the livestock waste application fields on 20 land owned or under the control of the owner or operator 21 where applications are planned. Fields where livestock 22 waste is applied shall be sampled every 3 years. Sampling 23 procedures, such as the number of samples and the depth 24 of sampling, as outlined in the current edition of the 25 Illinois Agronomy Handbook shall be followed when soil 26 samples are obtained. 27 (3.6) If the average Bray P1 or Mehlich test result 28 for soil phosphorus calculated from samples obtained from 29 the application field is 300 pounds or less of elemental 30 phosphorus per acre, livestock waste may continue to be 31 applied to that field in accordance with subsection (f) 32 of this Section. If the average Bray P1 or Mehlich test 33 result for soil phosphorus for an application field is 34 greater than 300 pounds of elemental phosphorus per acre, -29- LRB9102177LDmbam03 1 the owner or operator shall apply livestock waste at the 2 phosphorus rate to the field until the average Bray P1 or 3 Mehlich test for soil phosphorus indicates there is less 4 than 300 pounds of elemental phosphorus per acre. Upon 5 the development of a phosphorus index that is approved 6 subject to the provisions established in Section 55 of 7 this Act, the owner operator shall use such index in lieu 8 of the 300 pounds of elemental phosphorus per acre. 9 (4) An indication that the livestock waste will be 10 applied at rates not to exceed the agronomic nitrogen 11 demand of the crops to be grown when averaged over a 12 5-year period. 13 (5) A provision that livestock waste applied within 14 1/4 mile of any residence not part of the facility shall 15 be injected or incorporated on the day of application. 16 However, livestock management facilities and livestock 17 waste handling facilities that have irrigation systems in 18 operation prior to the effective date of this Act or 19 existing facilities applying waste on frozen ground are 20 not subject to the provisions of this item (5). 21 (6) A provision that livestock waste may not be 22 applied within 200 feet of surface water unless the water 23 is upgrade or there is adequate diking, and waste will 24 not be applied within 150 feet of potable water supply 25 wells. 26 (7) A provision that livestock waste may not be 27 applied in a 10-year flood plain unless the injection or 28 incorporation method of application is used. 29 (8) A provision that livestock waste may not be 30 applied in waterways. 31 (9) A provision that if waste is spread on frozen 32 or snow-covered land, the application will be limited to 33 land areas on which: 34 (A) land slopes are 5% or less, or -30- LRB9102177LDmbam03 1 (B) adequate erosion control practices exist. 2 (10) Methods for disposal of animal waste. 3 (g) Any person who is required to prepare and maintain a 4 waste management plan and who fails to do so shall be issued 5 a warning letter by the Department for the first violation 6 and shall be given 30 working days to prepare a waste 7 management plan. For failure to prepare and maintain a waste 8 management plan, the person shall be fined an administrative 9 penalty of up to $1,000 by the Department and shall be 10 required to enter into an agreement of compliance to prepare 11 and maintain a waste management plan within 30 working days. 12 For failure to prepare and maintain a waste management plan 13 after the second 30 day period or for failure to enter into a 14 compliance agreement, the Department may issue an operational 15 cease and desist order until compliance is attained. 16 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.) 17 (510 ILCS 77/35) 18 Sec. 35. Setbacks for livestock management and livestock 19 handling facilities. 20 (a) Grandfather provision; facilities in existence prior 21 to July 15, 1991. Livestock management facilities and 22 livestock waste handling facilities in existence prior to 23 July 15, 1991 shall comply with setbacks in existence prior 24 to July 15, 1991, as set forth in the Illinois Environmental 25 Protection Act and rules promulgated under that Act. 26 (b) Grandfather provision; facilities in existence on 27 effective date and after July 15, 1991. Livestock management 28 facilities and livestock waste handling facilities in 29 existence on the effective date of this Act but after July 30 15, 1991 shall comply with setbacks in existence prior to the 31 effective date of this Act, as set forth in the Illinois 32 Environmental Protection Act and rules promulgated under that 33 Act. -31- LRB9102177LDmbam03 1 (c) New livestock management or livestock waste handling 2 facilities. Any new facility shall comply with the following 3 setbacks: 4 (1) For purposes of determining setback distances, 5 minimum distances shall be measured from the nearest 6 corner of the residence or place of common assembly to 7 the nearest corner of the earthen waste lagoon or 8 livestock management facility, whichever is closer. 9 (2) A livestock management facility or livestock 10 waste handling facility serving less than 50 animal 11 units shall be exempt from setback distances as set forth 12 in this Act but shall be subject to rules promulgated 13 under the Illinois Environmental Protection Act. 14 (3) For a livestock management facility or waste 15 handling facility serving 50 or greater but less than 16 1,000 animal units, the minimum setback distance shall be 17 1/4 mile from the nearest occupiednon-farmresidence and 18 1/2 mile from the nearest populated area. 19 (4) For a livestock management facility or 20 livestock waste handling facility serving 1,000 or 21 greater but less than 7,000 animal units, the setback is 22 as follows: 23 (A) For a populated area, the minimum setback 24 shall be increased 440 feet over the minimum setback 25 of 1/2 mile for each additional 1,000 animal units 26 over 1,000 animal units. 27 (B) For any occupied residence, the minimum 28 setback shall be increased 220 feet over the minimum 29 setback of 1/4 mile for each additional 1,000 animal 30 units over 1,000 animal units. 31 (5) For a livestock management facility or 32 livestock waste handling facility serving 7,000 or 33 greater animal units, the setback is as follows: 34 (A) For a populated area, the minimum setback -32- LRB9102177LDmbam03 1 shall be 1 mile. 2 (B) For any occupied residence, the minimum 3 setback shall be 1/2 mile. 4 (d) Requirements governing the location of a new 5 livestock management facility and new livestock 6 waste-handling facility and conditions for exemptions or 7 compliance with the maximum feasible location as provided in 8 rules adopted pursuant to the Illinois Environmental 9 Protection Act concerning agriculture regulated pollution 10 shall apply to those facilities identified in subsections (b) 11 and (c) of this Section. With regard to the maximum feasible 12 location requirements, any reference to a setback distance in 13 the rules under the Illinois Environmental Protection Act 14 shall mean the appropriate distance as set forth in this 15 Section. 16 (e) Setback category shall be determined by the design 17 capacity in animal units of the livestock management 18 facility. 19 (f) Setbacks may be decreased when innovative designs as 20 approved by the Department are incorporated into the 21 facility. 22 (g) A setback may be decreased when waivers are obtained 23 from owners of residences that are occupied and located in 24 the setback area. 25 (Source: P.A. 89-456, eff. 5-21-96.) 26 (510 ILCS 77/55) 27 Sec. 55. Rules; Livestock Management Facilities Advisory 28 Committee. 29 (a) There is hereby established a Livestock Management 30 Facilities Advisory Committee, which shall include the 31 Directors of the Department of Agriculture, the Environmental 32 Protection Agency, the Department of Natural Resources, and 33 the Department of Public Health, or their designees. The -33- LRB9102177LDmbam03 1 Director of Agriculture or his or her designee shall serve as 2 the Chair of the Advisory Committee. Members of the Advisory 3 Committee may organize themselves as they deem necessary and 4 shall serve without compensation. 5 (b) The Advisory Committee shall review, evaluate, and 6 make recommendations to the Department of Agriculture for 7 rules necessary for the implementation of this Act. Based 8 upon the recommendations of the Advisory Committee, the 9 Department of Agriculture shall: (i), within 6 months after10the effective date of this Act,propose rules to the 11 Pollution Control Board for the implementation of design and 12 construction standards for livestock waste handling 13 facilities as set forth in Sections 13 and 15(a-5) of this 14 Act based upon the standards set forth in the American 15 Society of Agricultural Engineers' Standards, Engineering 16 Practices and Data (ASAE Standards) and future updates, 17 MidWest Plan Service's Concrete Manure Storage Handbook 18 (MWPS-36) and future updates and related supplemental 19 technical documents, the MidWest Plan Service's Livestock 20 Waste Facilities Handbook (MWPS-18) and future updates and 21 related supplemental technical documents or similar standards 22 used by the Natural Resources Conservation Service of the 23 United States Department of Agriculture; and (ii) on and 24 after the effective date of this amendatory Act of 1999, 25 provide public notice in the State newspaper, the Illinois 26 Register, and on the Department's internet website; hold 27 public hearings during the first notice period; and take 28 public comments and adopt rules pursuant to the Illinois 29 Administrative Procedure Act for all Sections of this Act 30 other than design and construction standards for livestock 31 waste handling facility as set forth in Sections 13 and 32 15(a-5). 33 (c)Within 6 months after the Department of Agriculture34proposing rules toThe Pollution Control Board, the Board-34- LRB9102177LDmbam03 1 shall hold hearings on and adopt rules for the implementation 2 of design and construction standards for livestock waste 3 handling facility as set forth in Sections 13 and 15(a-5) of 4 this Act in the manner provided for in Sections 27 and 28 of 5 the Environmental Protection Act. Rules adopted pursuant to 6 this Section shall take into account all available pollution 7 control technologies and,shall be technologically feasible 8 and economically reasonable, and may make distinctions for9the type and size of livestock management and livestock10management handling facilities and operations. 11 (d) The Advisory Committee shall meet once every 6 12 months after the effective date of this amendatory Act of 13 1997 to review, evaluate, and make recommendations to the 14 Department of Agriculture concerning the Department's random 15 inspection of livestock waste lagoons under Section 16 of 16 this Act. 17 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.) 18 Section 99. Effective date. This Act takes effect July 19 1, 1999.".