Public Act 90-0565 of the 90th General Assembly
Public Act 90-0565
HB1547 Enrolled LRB9003676SMdvD
AN ACT concerning soil and water resources.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Soil and Water Conservation Districts Act
is amended by changing Section 6 as follows:
(70 ILCS 405/6) (from Ch. 5, par. 111)
Sec. 6. Powers and duties. In addition to the powers and
duties otherwise conferred upon the Department, it shall have
the following powers and duties:
(1) To offer such assistance as may be appropriate to
the directors of soil and water conservation districts,
organized as provided hereinafter, in the carrying out of any
of the powers and programs.
(2) To keep the directors of each of said several
districts informed of the activities and experience of other
such districts, and to facilitate an interchange of advice
and experience between such districts and cooperation between
them.
(3) To coordinate the programs of the several districts
so far as this may be done by advice and consultation.
(4) To seek the cooperation and assistance of the United
States and of agencies of this State, in the work of such
districts.
(5) To disseminate information throughout the State
concerning the formation of such districts, and to assist in
the formation of such districts in areas where their
organization is desirable.
(6) To consider, review, and express its opinion
concerning any rules, regulations, ordinances or other action
of the board of directors of any district and to advise such
board of directors accordingly.
(7) To prepare and submit to the Director of the
Department an annual budget.
(8) To develop and coordinate a comprehensive State
erosion and sediment control program, including guidelines to
be used by districts in implementing this program. In
developing this program, the Department may consult with and
request technical assistance from local, State and federal
agencies, and may consult and advise with technically
qualified persons and with the soil and water conservation
districts. The guidelines developed may be revised from time
to time as necessary.
(9) To promote among its members the management of
marginal agricultural and other rural lands for forestry,
consistent with the goals and purposes of the "Illinois
Forestry Development Act".
Nothing in this Act shall authorize the Department or any
district to regulate or control point source discharges to
waters.
(10) To make grants subject to annual appropriation from
the Build Illinois Purposes Fund, the Build Illinois Bond
Fund or any other sources, including the federal government,
to Soil and Water Conservation Districts and the Soil
Conservation Service.
(11) To provide payment for outstanding health care
costs of Soil and Water Conservation District employees
incurred between January 1, 1996 and December 31, 1996 that
were eligible for reimbursement from the District's insurance
carrier, Midcontinent Medical Benefit Trust, but have not
been paid to date by Midcontinent. All claims shall be filed
with the Department on or before January 30, 1998 to be
considered for payment under the provisions of this
amendatory Act of 1997. The Department shall approve or
reject claims based upon documentation and in accordance with
established procedures. The authority granted under this
item (11) expires on September 1, 1998.
Nothing in this Act shall authorize the Department in any
district to regulate or curtail point source discharges to
waters.
(Source: P.A. 84-111.)
Section 5. The Illinois Dead Animal Disposal Act is
amended by changing Section 17 as follows:
(225 ILCS 610/17) (from Ch. 8, par. 165)
Sec. 17. (a) No person caring for, acting as an agent
for the owner of or owning any animal, poultry or fish which
has died shall allow the body or parts of the body to lie
about the premises. Such body or parts of the body shall be
disposed of within 24 hours after death as prescribed by
regulations of the Department. The Department may prohibit
the hauling or transportation of the body of any animal,
poultry or fish which has died of a highly contagious,
infectious or communicable disease and may specify the method
of disposal.
(b) The owner, operator, caretaker or animal collection
service may dispose of bodies of dead animals, poultry or
fish by composting on the site where the death of the animals
occurred, or by transporting the bodies to a licensed
landfill for disposal. Parts of bodies may be transported to
the licensed landfill only in the case of on-site slaughter
or on-site necropsy performed to determine the cause of death
of the animal. Transporting the bodies or those parts of
bodies shall be by conveyance that is owned or operated by
the owner, operator, caretaker or animal collection service.
(c) When the destruction or disposal of a body or parts
of a body of an animal, poultry or fish, is by burying,
burning or composting, it shall be done in a manner as
required by regulations of the Department and in compliance
with the requirements of the Environmental Protection Act.
(d) Any site where the bodies of dead animals or poultry
are to be composted shall comply with the following setbacks:
(1) The composting site shall include a setback of
at least 200 feet from the nearest potable water supply
well, except in accordance with subsection (b) of Section
14.2 of the Environmental Protection Act.
(2) The composting site shall be located outside
the boundary of the 10-year floodplain or the site shall
be protected from flooding.
(3) A composting site constructed after the
effective date of this amendatory Act of 1997 so as to
constitute a "new facility" after that date as defined in
the Livestock Management Facilities Act shall be located
at least 1/4 mile from the nearest occupied residence
(other than a residence located on the same property as
the facility).
(Source: P.A. 88-133.)
Section 10. The Livestock Management Facilities Act is
amended by changing Sections 15, 17, 20, 25, 30, and 55 and
adding Section 16 as follows:
(510 ILCS 77/15)
Sec. 15. Livestock waste lagoon.
(a) Standards for livestock waste lagoon construction.
Any earthen livestock waste lagoon subject to registration
shall be constructed or modified in accordance with "Design
of Anaerobic Lagoons for Animal Waste Management" promulgated
by the American Society of Agricultural Engineers and
designated (ASAE EP403.1) or the national guidelines as
published by the United States Department of Agriculture
Natural Resource Conservation Service in Illinois and titled
Waste Treatment Lagoon. The owner or operator of the earthen
livestock lagoon may, with approval from the Department,
modify or exceed these standards in order to meet site
specific objectives. Notwithstanding any other requirement
of this subsection, every earthen livestock waste lagoon
shall include the construction of a secondary berm, filter
strip, grass waterway, or terrace, or any combination of
those, outside the perimeter of the primary berm if an
engineer licensed under the Professional Engineering Practice
Act of 1989 and retained by the registrant determines, with
the concurrence of the Department, that construction of such
a secondary berm or other feature or features is necessary in
order to ensure against a release of livestock waste from the
lagoon (i) that encroaches or is reasonably expected to
encroach upon land other than the land occupied by the
livestock waste handling facility of which the lagoon is a
part or (ii) that enters or is reasonably expected to enter
the waters of this State. The Department shall determine
compliance with these requirements. The Department may
require changes in design or additional requirements to
protect groundwater, such as extra liner depth or synthetic
liners, when it appears groundwater could be impacted.
(b) Registration and certification. Any earthen
livestock waste lagoon newly constructed or modified (does
not include repairs) after the effective date of rules
adopted for the implementation of this Act shall be
registered by the owner or operator with the Department on a
form provided by the Department. Lagoons constructed prior
to the effective date of rules adopted for the implementation
of this Act may register with the Department at no charge.
In order to give the Department notice of the owner's or
operator's intent to construct or modify an earthen livestock
waste lagoon, the owner or operator shall register such
lagoon with the Department during the preconstruction phase.
Construction shall not begin until 30 days after submittal of
a registration form by certified mail to the Department.
When an informational meeting is requested by the county,
construction shall not begin until after the informational
meeting has been held.
Livestock waste lagoon registration forms shall be made
available to producers at offices of the Department of
Agriculture, Cooperative Extension Service, and Soil and
Water Conservation Districts.
Registration information shall include the following:
(1) Name(s) and address(es) of the owner and
operator who are responsible for the livestock waste
lagoon.
(2) General location of lagoon.
(3) Design construction plans and specifications.
(4) Specific location information:
(A) Distance to a private or public potable
well;
(B) Distance to closest occupied private
residence (other than any occupied by owner or
operator);
(C) Distance to nearest stream; and
(D) Distance to nearest populated area.
(5) Anticipated beginning and ending dates of
construction.
(6) Type of livestock and number of animal units.
The Department of Agriculture upon receipt of a livestock
waste lagoon registration form shall review the form to
determine that all required information has been provided.
The person filing the registration shall be notified within
15 working days that the registration is complete or that
clarification of information is needed. No later than 10
working days after receipt of the clarification information,
the Department shall notify the owner or operator that the
registration is complete.
The Department shall inspect an earthen livestock waste
lagoon during at least one of the following phases:
preconstruction, construction, and post-construction. The
Department shall require modifications when necessary to
bring construction in compliance with the standards as set
forth in subsection (a) of Section 15. The person making
the inspection shall discuss with the owner, or operator, or
certified livestock manager an evaluation of the livestock
waste lagoon construction and shall (i) provide on-site
written recommendations to the owner, or operator, or
certified livestock manager of what modifications are
necessary or (ii) inform the owner, operator, or certified
livestock manager that the lagoon meets the standards set
forth in subsection (a) of Section 15. On the day of the
inspection, the person making the inspection shall give the
owner, operator, or certified livestock manager a written
report of his or her findings based on the inspection,
together with an explanation of any remedial measures
necessary to enable the lagoon to meet the standards set
forth in subsection (a).
The person making any inspection shall comply with
reasonable animal health protection procedures as requested
by the owner, or operator, or certified livestock manager.
Upon completion of the construction or modification, but
prior to placing the lagoon in service, the owner or operator
of the livestock waste lagoon shall certify on a form
provided by the Department that the lagoon has been
constructed or modified in accordance with the standards set
forth in subsection (a) of Section 15 and that the
information provided on the registration form is correct.
(1) The certification notice to the Department
shall include a certification statement and signature.
(2) The certification shall state: "I hereby
certify that the information provided on this form is
correct and that the lagoon has been constructed in
accordance with the standards as required by the
Livestock Management Facilities Act."
The owner or operator of the lagoon may proceed to place
the lagoon in service no earlier than 10 working days after
submitting to the Department a certification of compliance
statement.
(b-5) Public informational meeting. Within 7 days after
receiving a registration form giving notice of an intent to
construct or modify an earthen livestock waste lagoon after
the effective date of this amendatory Act of 1997, the
Department shall send a copy of the registration form to the
county board of the county in which the lagoon is or is to
be located. After receiving a copy of a lagoon registration
form from the Department under this subsection, within 30
days the county board may at its discretion request that the
Department conduct a public informational meeting within 15
days of the request concerning the proposed construction or
modification of the lagoon. If the Department conducts such
a meeting, then at least 10 days before the meeting, the
Department shall cause notice of the meeting to be published
in a newspaper of general circulation in the county or the
State newspaper. The owner or operator who submitted the
registration form to the Department shall appear at the
meeting. At the meeting, the Department shall afford members
of the public an opportunity to ask questions and present
oral or written testimony concerning the proposed
construction or modification of the lagoon.
(c) Complaint procedure. Any person having a complaint
concerning an earthen livestock waste lagoon may file a
complaint with the Agency. If the Agency finds that
groundwater has been negatively impacted because of
structural problems with the earthen lagoon, the Agency shall
notify the Department that modification of the lagoon is
necessary. The livestock owner or operator or the Department
may request guidance from the United States Department of
Agriculture Natural Resource Conservation Service or the
University of Illinois Cooperative Extension Service.
The person making any inspection shall comply with animal
health protection procedures as requested by the owner or
operator.
Any earthen livestock waste lagoon in service prior to
the effective date of the rules for implementation of this
Act is not subject to registration but is only subject to the
complaint procedure. However, any such livestock waste
lagoon found impacting groundwater shall be required to be
repaired, modified, or have procedures instituted so
groundwater is not negatively impacted.
If an investigation reveals groundwater has been
negatively impacted, the Department and Agency shall
cooperate with the owner or operator of the affected
livestock waste lagoon to provide a reasonable solution to
protect the groundwater.
Nothing in this Section shall limit the Agency's
authority under the Environmental Protection Act to
investigate and respond to violations of the Environmental
Protection Act or rules adopted under that Act.
(d) Livestock waste lagoon registration fee. The
livestock waste lagoon registration fee is $50.
(d-5) Reporting release of waste. An owner or operator
of a lagoon shall report to the Agency any release of
livestock waste from a lagoon within 24 hours after the
discovery of the release. The procedure for reporting
releases shall be adopted by the Agency by rule.
For a first violation of this subsection (d-5) by the
owner or operator of a livestock management facility or
livestock waste handling facility, the Department shall send
the owner or operator a written notice of the violation by
certified mail, return receipt requested.
If after an administrative hearing the Department finds
that the owner or operator of a livestock management facility
or livestock waste handling facility has committed a second
violation of this subsection (d-5), the Department shall
impose on the owner or operator a civil administrative
penalty in an amount not exceeding $1,000. The Attorney
General may bring an action in the circuit court to enforce
the collection of a penalty imposed under this subsection
(d-5).
If after an administrative hearing the Department finds
that the owner or operator of a livestock management facility
or livestock waste handling facility has committed a third
violation of this subsection (d-5), the Department shall
enter an administrative order directing that the owner or
operator cease operation of the facility until the violation
is corrected.
If a livestock management facility or livestock waste
handling facility has not committed a violation of this
subsection (d-5) within the 5 years immediately preceding a
violation, the violation shall be construed and treated as a
first violation.
(e) Closure of livestock waste lagoons. When any earthen
livestock waste lagoon is removed from service, it shall be
completely emptied. Appropriate closure procedures shall be
followed as determined by rule. The remaining hole must be
filled. The closure requirements shall be completed within
two years from the date of cessation of operation unless the
lagoon is maintained or serviced. The Department may grant a
waiver to the before-stated closure requirements that will
permit the lagoon to be used for an alternative purpose.
Upon a change in ownership of a registered earthen
livestock waste lagoon, the owner shall notify the Department
of the change within 30 working days of the closing of the
transaction.
(f) Administrative authority. All actions of the
Department of Agriculture are subject to the Illinois
Administrative Procedure Act.
Any earthen livestock waste lagoon subject to
registration shall not begin operation until the owner or
operator of the lagoon has met the requirements of this Act.
The owner or operator of any earthen livestock waste
lagoon subject to registration that has not been registered
or constructed in accordance with standards set forth in
subsection (a) of Section 15 shall, upon being identified as
such by the Department, be given written notice by the
Department to register and certify the lagoon within 10
working days of receipt of the notice. The Department may
inspect such lagoon and require compliance in accordance with
subsections (a) and (b) of this Section. If the owner or
operator of the livestock waste lagoon that is subject to
registration fails to comply with the notice, the Department
may issue a cease and desist order until such time as
compliance is obtained with the requirements of this Act.
Failure to construct the lagoon in accordance with the
construction plan and Department recommendations is a
business offense punishable by a fine of not more than
$5,000.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/16 new)
Sec. 16. Inspection of earthen livestock waste lagoons
by Department. At least once each year on a random basis,
the Department shall inspect every earthen livestock waste
lagoon that services 1,000 or more animal units and is
required to be registered under this Act. The owner or
operator of the lagoon or a certified livestock manager must
be present during the inspection. If the owner, operator,
or certified livestock manager is not present at the
scheduled date, time, and place of the inspection, the
inspection shall proceed in his or her absence. The person
making the inspection shall conduct a visual inspection to
determine only whether any of the following are present:
burrow holes, trees or woody vegetation, proper freeboard,
erosion, settling of the berm, bermtop maintenance, leaks,
and seepage. The person making the inspection shall discuss
with the owner, operator, or certified livestock manager an
evaluation of the livestock waste lagoon's current condition
and shall (i) provide on-site written recommendations to the
owner, operator, or certified livestock manager of what
corrective actions are necessary or (ii) inform the owner,
operator, or certified livestock manager that the lagoon
meets the standards set forth in this subsection.
The person making any inspection shall comply with
reasonable animal health protection procedures as requested
by the owner, operator, or certified livestock manager.
The Department shall send official written notice of any
deficiencies to the owner or operator of the lagoon by
certified mail, return receipt requested. The owner or
operator and the Department shall enter into an agreement of
compliance setting forth the specific action and timetable to
correct the deficiencies. The person making the
reinspection shall notify the Department of the results of
the reinspection, and the Department shall take the
appropriate action under this Section. If the Department's
inspector finds a release or evidence of a release, the
Department shall immediately report such information to the
Agency.
For a first violation of this Section by the owner or
operator of a livestock management facility or livestock
waste handling facility, the Department shall send the owner
or operator a written notice of the violation by certified
mail, return receipt requested.
If after an administrative hearing the Department finds
that the owner or operator of a livestock management facility
or livestock waste handling facility has committed a second
violation of this Section, the Department shall impose on the
owner or operator a civil administrative penalty in an amount
not exceeding $1,000. The Attorney General may bring an
action in the circuit court to enforce the collection of a
penalty imposed under this Section.
If after an administrative hearing the Department finds
that the owner or operator of a livestock management facility
or livestock waste handling facility has committed a third
violation of this Section, the Department shall enter an
administrative order directing that the owner or operator
cease operation of the facility until the violation is
corrected.
If a livestock management facility or livestock waste
handling facility has not committed a violation of this
Section within the 5 years immediately preceding a violation,
the violation shall be construed and treated as a first
violation.
(510 ILCS 77/17)
Sec. 17. Financial responsibility. Owners of new or
modified lagoons registered under the provisions of this Act
shall establish and maintain evidence of financial
responsibility to provide for the closure of the lagoons and
the proper disposal of their contents within the time
provisions outlined in this Act. Financial responsibility
may be evidenced by any combination of the following:
(1) Commercial or private insurance;
(2) Guarantee;
(3) Surety bond;
(4) Letter of credit;
(5) Certificate of Deposit or designated savings
account;.
(6) Participation in a livestock waste lagoon closure
fund managed by the Illinois Farm Development Authority.
The level of surety required shall be determined by rule
and be based upon the volumetric capacity of the lagoon. By
January 1, 1997, The Department shall conduct a study of the
availability and cost of commercial surety instruments and
report its findings to the General Assembly for its
consideration and review. Surety instruments required under
this Section shall be required after the effective date of
rules adopted for the implementation of this Act.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/20)
Sec. 20. Handling, storing and disposing of livestock
waste.
(a) The livestock management facility owner or operator
shall comply with the requirements for handling, storing, and
disposing of livestock wastes as set forth in the rules
adopted pursuant to the Illinois Environmental Protection Act
concerning agriculture related pollution.
(b) The livestock management facility owner or operator
at a facility of less than 1,000 animal units shall not be
required to prepare and maintain a waste management plan.
(c) The livestock management facility owner or operator
at a facility of 1,000 or greater animal units but less than
7,000 animal units shall prepare and maintain on file at the
livestock management facility a general waste management
plan. Notwithstanding this requirement, a livestock
management facility subject to this subsection may be
operated on an interim basis but not to exceed 6 months after
the effective date of the rules promulgated pursuant to this
Act to allow for the owner or operator of the facility to
develop a waste management plan. The waste management plan
shall be available for inspection during normal business
hours by Department personnel.
(d) The livestock management facility owner or operator
at a facility of 7,000 or greater animal units shall prepare,
maintain, and submit to the Department the waste management
plan for approval. Approval of the waste management plan
shall be predicated on compliance with provisions of
subsection (f). The waste management plan shall be approved
by the Department before operation of the facility or in the
case of an existing facility, the waste management plan shall
be submitted within 60 working days after the effective date
of the rules promulgated pursuant to this Act.
The owner or operator of an existing livestock management
facility that through growth meets or exceeds 7,000 animal
units shall file its waste management plan with the
Department within 60 working days after reaching the stated
animal units.
The owner or operator of a livestock management facility
that is subject to this subsection (d) shall file within 60
working days with the Department a revised waste management
plan when there is a significant change in items (1), (2), or
(10) of subsection (f) that will materially affect compliance
with the waste management plan.
(e) The waste management plan and records of livestock
waste disposal shall be kept on file for three years.
(f) The application of livestock waste to the land is an
acceptable, recommended, and established practice in
Illinois. However, when livestock waste is not applied in a
responsible manner, it may create pollutional problems. It
should be recognized that, in most cases, if the agronomic
nitrogen rate is met, the phosphorus applied will exceed the
crop requirements, but not all of the phosphorus may be
available for use by the crop. It will be considered
acceptable, therefore, to prepare and implement a waste
management plan based on the nitrogen rate. The waste
management plan shall include the following:
(1) An estimate of the volume of waste to be
disposed of annually.
(2) The number of acres available for disposal of
the waste.
(3) An estimate of the nutrient value of the waste.
(4) An indication that the livestock waste will be
applied at rates not to exceed the agronomic nitrogen
demand of the crops to be grown when averaged over a
5-year period.
(5) A provision that livestock waste applied within
1/4 mile of any residence not part of the facility shall
be injected or incorporated on the day of application.
However, livestock management facilities and livestock
waste handling facilities that have irrigation systems in
operation prior to the effective date of this Act or
existing facilities applying waste on frozen ground are
not subject to the provisions of this item (5).
(6) A provision that livestock waste may not be
applied within 200 feet of surface water unless the water
is upgrade or there is adequate diking, and waste will
not be applied within 150 feet of potable water supply
wells.
(7) A provision that livestock waste may not be
applied in a 10-year flood plain unless the injection or
incorporation method of application is used.
(8) A provision that livestock waste may not be
applied in waterways.
(9) A provision that if waste is spread on frozen
or snow-covered land, the application will be limited to
land areas on which:
(A) land slopes are 5% or less, or
(B) adequate erosion control practices exist.
(10) Methods for disposal of animal waste.
(g) Any person who is required to prepare and maintain a
waste management plan and who fails to do so shall be issued
a warning letter by the Department for the first violation
and shall be given 30 working days to prepare a waste
management plan. For failure to prepare and maintain a waste
management plan, the person shall be fined an administrative
penalty of up to $1,000 $500 by the Department and shall be
required to enter into an agreement of compliance to prepare
and maintain a waste management plan within 30 working days.
For failure to prepare and maintain a waste management plan
after the second 30 day period or for failure to enter into a
compliance agreement, the Department may issue an operational
cease and desist order until compliance is attained.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/25)
Sec. 25. Odor control.
(a) Operators of livestock waste handling facilities
shall practice odor control methods during the course of
manure removal and field application. Odor control methods
shall be those methods identified in the rules adopted
pursuant to the Illinois Environmental Protection Act
concerning agriculture related pollution.
(b) Every single-stage livestock waste lagoon constructed
after the effective date of this amendatory Act of 1997 shall
comply with the following operational guidelines:
(1) In operation, the lagoon must be maintained at
not less than the minimum design volume.
(2) The livestock waste supply to the lagoon must be
below the minimum design volume level.
(3) The livestock waste storage capacity of the
lagoon must be greater than 270 days.
(c) Above-ground livestock waste holding structures must
be operated using odor control management guidelines based on
scientific peer review accepted by the Department and
determined to be economically feasible to the specific
operation.
(d) For a first violation of this Section by the owner
or operator of a livestock management facility or livestock
waste handling facility, the Department shall send the owner
or operator a written notice of the violation by certified
mail, return receipt requested.
If after an administrative hearing the Department finds
that the owner or operator of a livestock management facility
or livestock waste handling facility has committed a second
violation of this Section, the Department shall impose on the
owner or operator a civil administrative penalty in an amount
not exceeding $1,000. The Attorney General may bring an
action in the circuit court to enforce the collection of a
penalty imposed under this Section.
If after an administrative hearing the Department finds
that the owner or operator of a livestock management facility
or livestock waste handling facility has committed a third
violation of this Section, the Department shall enter an
administrative order directing that the owner or operator
cease operation of the facility until the violation is
corrected.
If a livestock management facility or livestock waste
handling facility has not committed a violation of this
Section within the 5 years immediately preceding a violation,
the violation shall be construed and treated as a first
violation.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/30)
Sec. 30. Certified Livestock Manager. The Department
shall establish a Certified Livestock Manager program in
conjunction with the livestock industry that will enhance
management skills in critical areas, such as environmental
awareness, safety concerns, odor control techniques and
technology, neighbor awareness, current best management
practices, and the developing and implementing of manure
management plans.
(a) Applicability. A livestock waste handling facility
serving 300 or greater animal units shall be operated only
under the supervision of a certified livestock manager. Not
withstanding the before-stated provision, a livestock waste
handling facility may be operated on an interim basis, but
not to exceed 6 months, to allow for the owner or operator of
the facility to become certified.
(b) A certification program shall include the following:
(1) A general working knowledge of best management
practices.
(2) A general working knowledge of livestock waste
handling practices and procedures.
(3) A general working knowledge of livestock
management operations and related safety issues.
(4) An awareness and understanding of the
responsibility of the owner or operator for all employees
who may be involved with waste handling.
(c) Any certification issued shall be valid for 3 years
and thereafter be subject to renewal. A renewal shall be
valid for a 3 year period and the procedures set forth in
this Section shall be followed. The Department may require
anyone who is certified to be recertified in less than 3
years for just cause including but not limited to repeated
complaints where investigations reveal the need to improve
management practices.
(d) Methods for obtaining certified livestock manager
status.
(1) The owner or operator of a livestock waste
handling facility serving 300 or greater animal units but
less than 1,000 animal units shall become a certified
livestock manager by:
(A) attending a training session conducted by
the Department of Agriculture, Cooperative Extension
Service, or any agriculture association, which has
been approved by or is in cooperation with the
Department; or
(B) in lieu of attendance at a training
session, successfully completing a written
competency examination.
(2) The owner or operator of a livestock waste
handling facility serving 1,000 or greater animal units
shall become a certified livestock manager by attending a
training session conducted by the Department of
Agriculture, Cooperative Extension Service, or any
agriculture association, which has been approved by or is
in cooperation with the Department and successfully
completing a written competency examination.
(e) The certified livestock manager certificate shall be
issued by the Department and shall indicate that the person
named on the certificate is certified as a livestock
management facility manager, the dates of certification, and
when renewal is due.
(f) The Department shall charge $10 for the issuance or
renewal of a certified livestock manager certificate. The
Department may, by rule, establish fees to cover the costs of
materials and training for training sessions given by the
Department.
(g) The owner or operator of a livestock waste handling
facility operating in violation of the provisions of
subsection (a) of this Section shall be issued a warning
letter for the first violation and shall be required to have
a certified manager for the livestock waste handling facility
within 30 working days. For failure to comply with the
warning letter within the 30 day period, the person shall be
fined an administrative penalty of up to $1,000 $500 by the
Department and shall be required to enter into an agreement
to have a certified manager for the livestock waste handling
facility within 30 working days. For failure to comply with
the agreement to have a certified manager for the livestock
waste handling facility within the 30 day period or for
failure to enter into a compliance agreement, the person
shall be fined up to $1,000 by the Department and shall be
required to enter into an agreement to have a certified
manager for the livestock waste handling facility within 30
working days. For continued failure to comply, the
Department may issue an operational cease and desist order
until compliance is attained.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/55)
Sec. 55. Rules; Livestock Management Facilities Advisory
Committee.
(a) There is hereby established a Livestock Management
Facilities Advisory Committee, which shall include the
Directors of the Department of Agriculture, the Environmental
Protection Agency, the Department of Natural Resources, and
the Department of Public Health, or their designees. The
Director of Agriculture or his or her designee shall serve as
the Chair of the Advisory Committee. Members of the Advisory
Committee may organize themselves as they deem necessary and
shall serve without compensation.
(b) The Advisory Committee shall review, evaluate, and
make recommendations to the Department of Agriculture for
rules necessary for the implementation of this Act. Based
upon the recommendations of the Advisory Committee, the
Department of Agriculture shall, within 6 months after the
effective date of this Act, propose rules to the Pollution
Control Board for the implementation of this Act.
(c) Within 6 months after the Department of Agriculture
proposing rules to the Pollution Control Board, the Board
shall hold hearings on and adopt rules for the implementation
of this Act in the manner provided for in Sections 27 and 28
of the Environmental Protection Act. Rules adopted pursuant
to this Section shall take into account all available
pollution control technologies, shall be technologically
feasible and economically reasonable, and may make
distinctions for the type and size of livestock management
and livestock management handling facilities and operations.
(d) The Advisory Committee shall meet once every 6
months after the effective date of this amendatory Act of
1997 to review, evaluate, and make recommendations to the
Department of Agriculture concerning the Department's random
inspection of livestock waste lagoons under Section 16 of
this Act.
(Source: P.A. 89-456, eff. 5-21-96.)
Section 99. Effective date. This Section and Section 2
take effect upon becoming law.