Section 502.102  Land Application Discharges and Agricultural Stormwater

a)         Livestock waste discharge into the waters of the United States from a CAFO resulting from CAFO’s livestock waste application to land application areas is a discharge from that CAFO subject to NPDES permit requirements, except when it is an agricultural stormwater discharge and therefore exempt from the definition of a point source under section 502 of the Clean Water Act. 

b)         Where livestock waste has been land-applied both according to site-specific nutrient management practices that ensure appropriate agricultural utilization of the livestock waste's nutrients and in compliance with Section 502.510 for permitted CAFOs and Section 502.510(b) for unpermitted Large CAFOs, a precipitation-related discharge of livestock waste from land application areas of an unpermitted large CAFO or a permitted CAFO is an agricultural stormwater discharge.

c)         Unpermitted large CAFOs must maintain the documentation specified in Section 502.510(b)(16) either on site or at a nearby office, or otherwise make that documentation readily available to the Agency upon request.

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)