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1 | AN ACT concerning animals.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Livestock Management Facilities Act is | ||||||
5 | amended by changing Section 13 as follows:
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6 | (510 ILCS 77/13)
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7 | Sec. 13. Livestock waste handling facilities other than | ||||||
8 | earthen livestock
waste lagoons;
construction standards; | ||||||
9 | certification; inspection; removal-from-service
requirements.
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10 | (a) After the effective date of this amendatory Act of | ||||||
11 | 1999, livestock waste
handling
facilities other than earthen | ||||||
12 | livestock waste lagoons used for the storage of
livestock waste | ||||||
13 | shall
be constructed in accordance with this Section.
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14 | (1) Livestock waste handling facilities constructed of | ||||||
15 | concrete shall meet
the
strength and load factors set forth | ||||||
16 | in the Midwest Plan Service's Concrete
Manure
Storage | ||||||
17 | Handbook (MWPS-36) and future updates. In addition, those | ||||||
18 | structures
shall
meet the following requirements:
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19 | (A) Waterstops shall be incorporated into the | ||||||
20 | design of the storage
structure when consistent with | ||||||
21 | the requirements of paragraph (1) of this
subsection;
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22 | (B) Storage structures that handle waste in a | ||||||
23 | liquid form shall be
designed to contain a volume of |
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1 | not less than the amount of waste generated
during 150 | ||||||
2 | days of facility operation at design capacity ; the | ||||||
3 | owner or operator of a livestock waste handling | ||||||
4 | facility constructed with concrete with a design | ||||||
5 | capacity of less than 300 animal units may demonstrate | ||||||
6 | to the Department that a reduced storage volume, not | ||||||
7 | less than 60 days, is feasible due to (i) the | ||||||
8 | availability of land application areas that can | ||||||
9 | receive manure at agronomic rates or (ii) another | ||||||
10 | manure disposal method is proposed that will allow for | ||||||
11 | the reduced manure storage design capacity; the | ||||||
12 | Department shall evaluate the proposal and determine | ||||||
13 | whether a reduced manure storage design capacity is | ||||||
14 | appropriate for the site ; and
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15 | (C) Storage structures not covered or otherwise | ||||||
16 | protected from
precipitation shall, in addition to the | ||||||
17 | waste storage volume requirements of
subparagraph (B) | ||||||
18 | of paragraph (1) of this subsection, include a 2-foot
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19 | freeboard.
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20 | (2) A livestock waste handling facility in a | ||||||
21 | prefabricated form shall meet
the
strength, load, and | ||||||
22 | compatibility factors for its intended use. Those factors
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23 | shall be
verified by the manufacturer's specifications.
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24 | (3) Livestock waste handling facilities holding | ||||||
25 | semi-solid livestock
waste,
including but not limited to | ||||||
26 | picket dam structures, shall be constructed
according to
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1 | the requirements set forth in the Midwest Plan Service's | ||||||
2 | Livestock Waste
Facilities
Handbook (MWPS-18) and future | ||||||
3 | updates or similar standards used by the Natural
Resources | ||||||
4 | Conservation Service of the United States Department of | ||||||
5 | Agriculture.
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6 | (4) Livestock waste handling facilities holding solid | ||||||
7 | livestock waste
shall be
constructed according to the | ||||||
8 | requirements set forth in the Midwest Plan
Service's
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9 | Livestock Waste Facilities Handbook (MWPS-18) and future | ||||||
10 | updates or similar
standards used by the Natural Resources | ||||||
11 | Conservation Service of the United
States
Department of | ||||||
12 | Agriculture. In addition, solid livestock waste stacking
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13 | structures shall
be sized to store not less than the amount | ||||||
14 | of waste generated during
6 months
of facility
operation at | ||||||
15 | design capacity . The owner or operator of a livestock waste | ||||||
16 | handling facility holding solid livestock waste with a | ||||||
17 | design capacity of less than 300 animal units may | ||||||
18 | demonstrate to the Department that a reduced storage | ||||||
19 | volume, not less than 2 months, is feasible due to (i) the | ||||||
20 | availability of land application areas that can receive | ||||||
21 | manure at agronomic rates or (ii) another manure disposal | ||||||
22 | method is proposed that will allow for the reduced storage | ||||||
23 | design capacity. The Department shall evaluate the | ||||||
24 | proposal and determine whether a reduced manure storage | ||||||
25 | design capacity is appropriate for the site .
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26 | (5) Holding ponds used for the temporary storage of |
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1 | livestock feedlot
run-off
shall be constructed according | ||||||
2 | to the requirements set forth in the Midwest
Plan
Service's | ||||||
3 | Livestock Waste Facilities Handbook (MWPS-18) and future | ||||||
4 | updates or
similar standards used by the Natural Resources | ||||||
5 | Conservation Service of the
United
States Department of | ||||||
6 | Agriculture.
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7 | (b) New livestock management facilities and livestock | ||||||
8 | waste handling
facilities
constructed after the effective date | ||||||
9 | of this amendatory Act of 1999 shall be
subject to the
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10 | additional construction requirements and siting prohibitions | ||||||
11 | provided in this
subsection (b).
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12 | (1) No new non-lagoon livestock management facility or | ||||||
13 | livestock waste
handling facility may be constructed | ||||||
14 | within the floodway of a 100-year
floodplain. A
new | ||||||
15 | livestock management facility or livestock waste handling | ||||||
16 | facility may be
constructed within the portion of a | ||||||
17 | 100-year floodplain that is within the
flood fringe
and | ||||||
18 | outside the floodway provided that the facility is designed | ||||||
19 | and constructed
to be
protected from flooding and meets the | ||||||
20 | requirements set forth in the Rivers,
Lakes, and Streams | ||||||
21 | Act, Section 5-40001 of the Counties Code,
and Executive | ||||||
22 | Order Number 4 (1979). The delineation of
floodplains, | ||||||
23 | floodways, and flood fringes shall be in compliance with | ||||||
24 | the
National Flood
Insurance Program. Protection from | ||||||
25 | flooding shall be consistent with the
National
Flood | ||||||
26 | Insurance Program and shall be designed so that stored |
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1 | livestock waste is
not
readily removed.
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2 | (2) A new non-lagoon livestock waste handling facility | ||||||
3 | constructed in a
karst
area shall be designed to prevent | ||||||
4 | seepage of the stored material into
groundwater in
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5 | accordance with ASAE 393.2 or future updates. Owners or | ||||||
6 | operators of proposed
facilities should consult with the | ||||||
7 | local soil and water conservation district,
the
University | ||||||
8 | of Illinois Cooperative Extension Service, or other local, | ||||||
9 | county,
or State
resources relative to determining the | ||||||
10 | possible presence or absence of such
areas.
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11 | Notwithstanding the other provisions of this paragraph | ||||||
12 | (2), after the
effective date
of this amendatory Act of | ||||||
13 | 1999, no non-lagoon livestock waste handling facility
may | ||||||
14 | be
constructed within 400 feet of any natural depression in | ||||||
15 | a karst area formed as
a result
of subsurface removal of | ||||||
16 | soil or rock materials that has caused the formation
of a
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17 | collapse feature that exhibits internal drainage. For the | ||||||
18 | purposes of this
paragraph
(2), the existence of such a | ||||||
19 | natural depression in a karst area shall be
indicated by
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20 | the uppermost closed depression contour lines on a USGS 7 | ||||||
21 | 1/2 minute quadrangle
topographic map or as determined by | ||||||
22 | Department field investigation in a karst
area.
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23 | (3) A new non-lagoon livestock waste handling facility | ||||||
24 | constructed in an
area
where aquifer material is present | ||||||
25 | within 5 feet of the bottom of the facility
shall be
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26 | designed to ensure the structural integrity of the |
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1 | containment structure and to
prevent
seepage of the stored | ||||||
2 | material to groundwater. Footings and underlying
structure
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3 | support shall be incorporated into the design standards of | ||||||
4 | the storage
structure in
accordance with the requirements | ||||||
5 | of Section 4.1 of the American Society of
Agricultural | ||||||
6 | Engineers (ASAE) EP 393.2 or future updates.
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7 | (c) A livestock waste handling facility owner may rely on | ||||||
8 | guidance from the
local soil
and water conservation district, | ||||||
9 | the Natural Resources Conservation Service of
the United
States | ||||||
10 | Department of Agriculture, or the University of Illinois | ||||||
11 | Cooperative
Extension Service
for soil type and associated | ||||||
12 | information.
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13 | (d) The standards in subsections (a) and (b) shall serve as | ||||||
14 | interim
construction
standards until such time as permanent | ||||||
15 | rules promulgated pursuant to Section 55
of this Act
become | ||||||
16 | effective. In addition, the Department and the Board shall | ||||||
17 | utilize the
interim
standards in subsections (a) and (b) as a | ||||||
18 | basis for the development of such
permanent rules.
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19 | (e) The owner or operator of a livestock management | ||||||
20 | facility or livestock
waste
handling facility may, with the | ||||||
21 | approval of the Department, elect to exceed the
strength and
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22 | load requirements as set forth in this Section.
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23 | (f) The owner or operator of a livestock management | ||||||
24 | facility or livestock
waste
handling facility shall send, by | ||||||
25 | certified mail or in person, to the Department
a certification
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26 | of compliance together with copies of verification documents |
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1 | upon completion of
construction.
In the case of structures | ||||||
2 | constructed with the design standards used by the
Natural | ||||||
3 | Resources
Conservation Service of the United States Department | ||||||
4 | of Agriculture, copies of
the design
standards and a statement | ||||||
5 | of verification signed by a representative of the
United States
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6 | Department of Agriculture shall accompany the owner's or | ||||||
7 | operator's
certification of
compliance. The certification | ||||||
8 | shall state that the structure meets or exceeds
the | ||||||
9 | requirements
in subsection (a) of this Section. A $250 filing | ||||||
10 | fee shall accompany the
statement.
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11 | (g) The Department shall inspect the construction site | ||||||
12 | prior to
construction, during
construction, and within 10 | ||||||
13 | business days following receipt of the
certification of | ||||||
14 | compliance
to determine compliance with the construction | ||||||
15 | standards.
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16 | (h) The Department shall require modification when | ||||||
17 | necessary to bring the
construction into compliance with the | ||||||
18 | standards set forth in this Section. The
person making
the | ||||||
19 | inspection shall discuss with the owner, operator, or certified | ||||||
20 | livestock
manager an
evaluation of the livestock waste handling | ||||||
21 | facility construction and shall (i)
provide on-site
written | ||||||
22 | recommendations to the owner, operator, or certified livestock | ||||||
23 | manager
of what
modifications are necessary or (ii) inform the | ||||||
24 | owner, operator, or certified
livestock manager
that the | ||||||
25 | facility meets the standards set forth in this Section. On the | ||||||
26 | day of
the inspection, the
person making the inspection shall |
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1 | give the owner, operator, or certified
livestock manager a
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2 | written report of findings based on the inspection together | ||||||
3 | with an explanation
of remedial
measures necessary to enable | ||||||
4 | the livestock waste handling facility to meet the
standards set
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5 | forth in this Section. The Department shall, within 5 business | ||||||
6 | days of the date of inspection,
send an official written notice | ||||||
7 | to the owner or operator of the livestock waste handling | ||||||
8 | facility
by certified mail, return receipt requested, | ||||||
9 | indicating that the facility meets the standards set
forth in | ||||||
10 | this Section or identifying the remedial measures necessary to | ||||||
11 | enable the livestock
waste handling facility to meet the | ||||||
12 | standards set forth in this Section. The owner or operator
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13 | shall, within 10 business days of receipt of an official | ||||||
14 | written notice of deficiencies, contact the
Department to | ||||||
15 | develop the principles of an agreement of compliance. The owner | ||||||
16 | or operator
and the Department shall enter into an agreement of | ||||||
17 | compliance setting forth the specific
changes to be made to | ||||||
18 | bring the construction into compliance with the standards
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19 | required under
this Section. If an agreement of compliance | ||||||
20 | cannot be achieved, the Department
shall issue a
compliance | ||||||
21 | order to the owner or operator outlining the specific changes | ||||||
22 | to be
made to bring
the construction into compliance with the | ||||||
23 | standards required under this
Section.
The owner
or operator | ||||||
24 | can request an administrative hearing to contest the provisions | ||||||
25 | of
the
Department's compliance order.
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26 | (j) If any owner or operator operates in violation of an |
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1 | agreement of
compliance, the
Department shall seek an | ||||||
2 | injunction in circuit court to prohibit the operation
of the | ||||||
3 | facility
until construction and certification of the livestock | ||||||
4 | waste handling facility
are in compliance
with the provisions | ||||||
5 | of this Section.
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6 | (k) When any livestock management facility not using an | ||||||
7 | earthen livestock
waste
lagoon is removed from service, the | ||||||
8 | accumulated livestock waste remaining within the facility
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9 | shall be removed and applied to land at rates consistent with a | ||||||
10 | waste management plan for the
facility. Removal of the waste | ||||||
11 | shall occur within 12 months after the date
livestock | ||||||
12 | production
at the facility ceases. In addition, the owner or | ||||||
13 | operator shall make
provisions to prevent the
accumulation of | ||||||
14 | precipitation within the livestock waste handling facility.
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15 | Upon completion
of the removal of manure, the owner or operator | ||||||
16 | of the facility shall notify
the Department that
the facility | ||||||
17 | is being removed from service and the remaining manure has been
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18 | removed. The
Department shall conduct an inspection of the | ||||||
19 | livestock waste handling facility
and inform the
owner or | ||||||
20 | operator in writing that the requirements imposed under this
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21 | subsection (k) have been met or that
additional actions are | ||||||
22 | necessary. Commencement of operations at a facility
that has | ||||||
23 | livestock
shelters left intact and that has completed the | ||||||
24 | requirements imposed under this
subsection
(k)
and that has | ||||||
25 | been
operated as a livestock management facility or livestock | ||||||
26 | waste handling
facility for 4
consecutive months at any time |
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1 | within the previous 10 years shall not be
considered a new or
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2 | expanded livestock management or waste handling facility. A new | ||||||
3 | facility
constructed after May 21, 1996 that has
been removed
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4 | from service for a period of 2 or more years shall not be | ||||||
5 | placed back into
service prior to an
inspection of the | ||||||
6 | livestock waste handling facility and receipt of written
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7 | approval by the
Department.
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8 | (Source: P.A. 91-110, eff. 7-13-99.)
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