State of Illinois
91st General Assembly
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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 met no
21    earlier  than  10  working  days  after  submitting  to   the
22    Department a certification of compliance statement.
23        (b-5)  Public informational meeting.  Within 7 days after
24    receiving a registration form giving notice of an  intent  to
25    construct  or modify an  earthen livestock waste lagoon after
26    the  effective date of  this  amendatory  Act  of  1997,  the
27    Department shall send a  copy of the registration form to the
28    county  board  of the county in which the  lagoon is or is to
29    be located.  After receiving a copy of a lagoon  registration
30    form  from  the  Department  under this subsection, within 30
31    days the county board may at its discretion request that  the
32    Department  conduct  a public informational meeting within 15
33    days of the request concerning the proposed  construction  or
34    modification  of the lagoon.  If the Department conducts such
 
                            -20-           LRB9102177LDmbam03
 1    a meeting, then at least 10 days before  the    meeting,  the
 2    Department  shall cause notice of the meeting to be published
 3    in a newspaper of general circulation in the  county  or  the
 4    State  newspaper.    The  owner or operator who submitted the
 5    registration form to the Department  shall    appear  at  the
 6    meeting.  At the meeting, the Department shall afford members
 7    of    the  public an opportunity to ask questions and present
 8    oral   or   written   testimony   concerning   the   proposed
 9    construction 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 operator
 8    of a lagoon  shall  report  to  the  Agency  any  release  of
 9    livestock  waste  from  a  lagoon  within  24 hours after the
10    discovery  of  the  release.   The  procedure  for  reporting
11    releases shall be adopted by the Agency by rule.
12        For a first violation of this  subsection  (d-5)  by  the
13    owner  or  operator  of  a  livestock  management facility or
14    livestock waste handling facility, the Department shall  send
15    the  owner  or  operator a written notice of the violation by
16    certified mail, return receipt requested.
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 second
20    violation of this  subsection  (d-5),  the  Department  shall
21    impose  on  the  owner  or  operator  a  civil administrative
22    penalty in an amount  not  exceeding  $1,000.   The  Attorney
23    General  may  bring an action in the circuit court to enforce
24    the collection of a penalty  imposed  under  this  subsection
25    (d-5).
26        If  after  an administrative hearing the Department finds
27    that the owner or operator of a livestock management facility
28    or livestock waste handling facility has  committed  a  third
29    violation  of  this  subsection  (d-5),  the Department shall
30    enter an administrative order directing  that  the  owner  or
31    operator  cease operation of the facility until the violation
32    is corrected.
33        If a livestock management  facility  or  livestock  waste
34    handling  facility  has  not  committed  a  violation of this
 
                            -22-           LRB9102177LDmbam03
 1    subsection (d-5) within the 5 years immediately  preceding  a
 2    violation,  the violation shall be construed and treated as a
 3    first 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    5,000  7,000  animal 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 5,000 7,000 or 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  5,000  7,000
29    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  a  significant  change  as  provided  in
 2    subsection  (e) of this Section in items (1), (2), or (10) of
 3    subsection (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.
17    It should be recognized that, in most cases, if the agronomic
18    nitrogen rate is met, the phosphorus applied will exceed  the
19    crop  requirements,  but  not  all  of  the phosphorus may be
20    available for  use  by  the  crop.   It  will  be  considered
21    acceptable,  therefore,  to  prepare  and  implement  a waste
22    management  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 occupied non-farm residence 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  after
10    the  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 Agriculture
34    proposing rules to The 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 for
 9    the type and  size  of  livestock  management  and  livestock
10    management 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.".

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