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90_HB1158sam001
LRB9004267WHmgam09
1 AMENDMENT TO HOUSE BILL 1158
2 AMENDMENT NO. . Amend House Bill 1158 by replacing
3 the title with the following:
4 "AN ACT in relation to animals."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Dead Animal Disposal Act is
8 amended by changing Section 17 as follows:
9 (225 ILCS 610/17) (from Ch. 8, par. 165)
10 Sec. 17. (a) No person caring for, acting as an agent
11 for the owner of or owning any animal, poultry or fish which
12 has died shall allow the body or parts of the body to lie
13 about the premises. Such body or parts of the body shall be
14 disposed of within 24 hours after death as prescribed by
15 regulations of the Department. The Department may prohibit
16 the hauling or transportation of the body of any animal,
17 poultry or fish which has died of a highly contagious,
18 infectious or communicable disease and may specify the method
19 of disposal.
20 (b) The owner, operator, caretaker or animal collection
21 service may dispose of bodies of dead animals, poultry or
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1 fish by composting on the site where the death of the animals
2 occurred, or by transporting the bodies to a licensed
3 landfill for disposal. Parts of bodies may be transported to
4 the licensed landfill only in the case of on-site slaughter
5 or on-site necropsy performed to determine the cause of death
6 of the animal. Transporting the bodies or those parts of
7 bodies shall be by conveyance that is owned or operated by
8 the owner, operator, caretaker or animal collection service.
9 (c) When the destruction or disposal of a body or parts
10 of a body of an animal, poultry or fish, is by burying,
11 burning or composting, it shall be done in a manner as
12 required by regulations of the Department and in compliance
13 with the requirements of the Environmental Protection Act.
14 (d) Any site where the bodies of dead animals or poultry
15 are to be composted shall comply with the following setbacks:
16 (1) The composting site shall include a setback of
17 at least 200 feet from the nearest potable water supply
18 well, except in accordance with subsection (b) of Section
19 14.2 of the Environmental Protection Act.
20 (2) The composting site shall be located outside
21 the boundary of the 10-year floodplain or the site shall
22 be floodproofed.
23 (3) The composting site existing on the effective
24 date of this amendatory Act of 1997 at a livestock
25 management facility or livestock waste handling facility
26 as defined in the Livestock Management Facilities Act
27 shall be located so as to minimize incompatibility with
28 the character of the surrounding area, including at least
29 a 200 foot setback from any occupied residence. The
30 composting site at such a facility that is constructed or
31 expanded after the effective date of this amendatory Act
32 of 1997 so as to constitute a "new facility" after that
33 date as defined in the Livestock Management Facilities
34 Act shall be located at least 1/4 mile from the nearest
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1 occupied residence (other than a residence located on the
2 same property as the facility).
3 (Source: P.A. 88-133.)
4 Section 10. The Livestock Management Facilities Act is
5 amended by changing Sections 15, 17, 20, 25, 30, and 35 and
6 adding Sections 10.65, 16, and 65 as follows:
7 (510 ILCS 77/10.65 new)
8 Sec. 10.65. Waters of this State. "Waters of this State"
9 means "waters" as defined in the Environmental Protection
10 Act, except that the term does not include any water or
11 accumulation of water attributable exclusively to or
12 resulting solely from the construction of a secondary berm in
13 connection with the construction of an earthen livestock
14 waste lagoon.
15 (510 ILCS 77/15)
16 Sec. 15. Livestock waste lagoon.
17 (a) Standards for livestock waste lagoon construction.
18 Any earthen livestock waste lagoon subject to registration
19 shall be constructed or modified in accordance with "Design
20 of Anaerobic Lagoons for Animal Waste Management" promulgated
21 by the American Society of Agricultural Engineers and
22 designated (ASAE EP403.1) or the national guidelines as
23 published by the United States Department of Agriculture
24 Natural Resource Conservation Service in Illinois and titled
25 Waste Treatment Lagoon. The owner or operator of the earthen
26 livestock lagoon may, with approval from the Department,
27 modify or exceed these standards in order to meet site
28 specific objectives. Notwithstanding any other requirement of
29 this subsection, every earthen livestock waste lagoon shall
30 include the construction of a secondary berm, filter strip,
31 grass waterway, or terrace, or any combination of those,
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1 outside the perimeter of the primary berm if an engineer
2 licensed under the Professional Engineering Practice Act of
3 1989 and retained by the registrant determines, with the
4 concurrence of the Department, that construction of such a
5 secondary berm or other feature or features is necessary in
6 order to ensure against a release of livestock waste from the
7 lagoon (i) that encroaches or is reasonably expected to
8 encroach upon land other than the land occupied by the
9 livestock waste handling facility of which the lagoon is a
10 part or (ii) that enters or is reasonably expected to enter
11 the waters of this State. The Department shall determine
12 compliance with these requirements. The Department may
13 require changes in design or additional requirements to
14 protect groundwater, such as extra liner depth or synthetic
15 liners, when it appears groundwater could be impacted.
16 (b) Registration and certification. Any earthen
17 livestock waste lagoon newly constructed or modified (does
18 not include repairs) after the effective date of rules
19 adopted for the implementation of this Act shall be
20 registered by the owner or operator with the Department on a
21 form provided by the Department. Lagoons constructed prior
22 to the effective date of rules adopted for the implementation
23 of this Act may register with the Department at no charge.
24 In order to give the Department notice of the owner's or
25 operator's intent to construct or modify an earthen livestock
26 waste lagoon, the owner or operator shall register such
27 lagoon with the Department during the preconstruction phase.
28 Construction shall not begin until 30 days after submittal of
29 a registration form by certified mail to the Department.
30 Livestock waste lagoon registration forms shall be made
31 available to producers at offices of the Department of
32 Agriculture, Cooperative Extension Service, and Soil and
33 Water Conservation Districts.
34 Registration information shall include the following:
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1 (1) Name(s) and address(es) of the owner and
2 operator who are responsible for the livestock waste
3 lagoon.
4 (2) General location of lagoon.
5 (3) Design construction plans and specifications.
6 (4) Specific location information:
7 (A) Distance to a private or public potable
8 well;
9 (B) Distance to closest occupied private
10 residence (other than any occupied by owner or
11 operator);
12 (C) Distance to nearest stream; and
13 (D) Distance to nearest populated area.
14 (5) Anticipated beginning and ending dates of
15 construction.
16 (6) Type of livestock and number of animal units.
17 The Department of Agriculture upon receipt of a livestock
18 waste lagoon registration form shall review the form to
19 determine that all required information has been provided.
20 The person filing the registration shall be notified within
21 15 working days that the registration is complete or that
22 clarification of information is needed. No later than 10
23 working days after receipt of the clarification information,
24 the Department shall notify the owner or operator that the
25 registration is complete.
26 The Department shall inspect an earthen livestock waste
27 lagoon during at least one of the following phases:
28 preconstruction, construction, and post-construction. The
29 Department shall require modifications when necessary to
30 bring construction in compliance with the standards as set
31 forth in subsection (a) of Section 15. The person making
32 the inspection shall discuss with the owner, or operator, or
33 certified livestock manager an evaluation of the livestock
34 waste lagoon construction and shall (i) provide on-site
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1 written recommendations to the owner, or operator, or
2 certified livestock manager of what modifications are
3 necessary or (ii) inform the owner, operator, or certified
4 livestock manager that the lagoon meets the standards set
5 forth in subsection (a) of Section 15. On the day of the
6 inspection, the person making the inspection shall give the
7 owner, operator, or certified livestock manager a written
8 report of his or her findings based on the inspection,
9 together with an explanation of any remedial measures
10 necessary to enable the lagoon to meet the standards set
11 forth in subsection (a).
12 The person making any inspection shall comply with
13 reasonable animal health protection procedures as requested
14 by the owner, or operator, or certified livestock manager.
15 Upon completion of the construction or modification, but
16 prior to placing the lagoon in service, the owner or operator
17 of the livestock waste lagoon shall certify on a form
18 provided by the Department that the lagoon has been
19 constructed or modified in accordance with the standards set
20 forth in subsection (a) of Section 15 and that the
21 information provided on the registration form is correct.
22 (1) The certification notice to the Department
23 shall include a certification statement and signature.
24 (2) The certification shall state: "I hereby
25 certify that the information provided on this form is
26 correct and that the lagoon has been constructed in
27 accordance with the standards as required by the
28 Livestock Management Facilities Act."
29 The owner or operator of the lagoon may proceed to place
30 the lagoon in service no earlier than 10 working days after
31 submitting to the Department a certification of compliance
32 statement.
33 (b-5) Public informational meeting. Within 7 days after
34 receiving a registration form giving notice of an intent to
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1 construct or modify an earthen livestock waste lagoon after
2 the effective date of this amendatory Act of 1997, the
3 Department shall send a copy of the registration form to the
4 county board of the county in which the lagoon is or is to
5 be located. After receiving a copy of a lagoon registration
6 form from the Department under this subsection, within 30
7 days the county board may at its discretion request that the
8 Department conduct a public informational meeting within 15
9 days of the request concerning the proposed construction or
10 modification of the lagoon. If the Department conducts such
11 a meeting, then at least 10 days before the meeting, the
12 Department shall cause notice of the meeting to be published
13 in a newspaper published in the county or, if no newspaper is
14 published in the county, in a newspaper of general
15 circulation in the county. The owner or operator who
16 submitted the registration form to the Department shall
17 appear at the meeting. At the meeting, the Department shall
18 afford members of the public an opportunity to ask questions
19 and present oral or written testimony concerning the
20 proposed construction or modification of the lagoon.
21 (c) Complaint procedure. Any person having a complaint
22 concerning an earthen livestock waste lagoon may file a
23 complaint with the Agency. If the Agency finds that
24 groundwater has been negatively impacted because of
25 structural problems with the earthen lagoon, the Agency shall
26 notify the Department that modification of the lagoon is
27 necessary. The livestock owner or operator or the Department
28 may request guidance from the United States Department of
29 Agriculture Natural Resource Conservation Service or the
30 University of Illinois Cooperative Extension Service.
31 The person making any inspection shall comply with animal
32 health protection procedures as requested by the owner or
33 operator.
34 Any earthen livestock waste lagoon in service prior to
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1 the effective date of the rules for implementation of this
2 Act is not subject to registration but is only subject to the
3 complaint procedure. However, any such livestock waste
4 lagoon found impacting groundwater shall be required to be
5 repaired, modified, or have procedures instituted so
6 groundwater is not negatively impacted.
7 If an investigation reveals groundwater has been
8 negatively impacted, the Department and Agency shall
9 cooperate with the owner or operator of the affected
10 livestock waste lagoon to provide a reasonable solution to
11 protect the groundwater.
12 Nothing in this Section shall limit the Agency's
13 authority under the Environmental Protection Act to
14 investigate and respond to violations of the Environmental
15 Protection Act or rules adopted under that Act.
16 (d) Livestock waste lagoon registration fee. The
17 livestock waste lagoon registration fee is $50.
18 (d-5) Reporting release of waste. An owner or operator
19 of a lagoon shall report to the Agency any release of
20 livestock waste from a lagoon (i) that encroaches or is
21 reasonably expected to encroach upon land other than the
22 land occupied by the livestock waste handling facility of
23 which the lagoon is a part or (ii) that enters or is
24 reasonably expected to enter the waters of this State.
25 (e) Closure of livestock waste lagoons. When any earthen
26 livestock waste lagoon is removed from service, it shall be
27 completely emptied. Appropriate closure procedures shall be
28 followed as determined by rule. The remaining hole must be
29 filled. The closure requirements shall be completed within
30 two years from the date of cessation of operation unless the
31 lagoon is maintained or serviced. The Department may grant a
32 waiver to the before-stated closure requirements that will
33 permit the lagoon to be used for an alternative purpose.
34 Upon a change in ownership of a registered earthen
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1 livestock waste lagoon, the owner shall notify the Department
2 of the change within 30 working days of the closing of the
3 transaction.
4 (f) Administrative authority. All actions of the
5 Department of Agriculture are subject to the Illinois
6 Administrative Procedure Act.
7 Any earthen livestock waste lagoon subject to
8 registration shall not begin operation until the owner or
9 operator of the lagoon has met the requirements of this Act.
10 The owner or operator of any earthen livestock waste
11 lagoon subject to registration that has not been registered
12 or constructed in accordance with standards set forth in
13 subsection (a) of Section 15 shall, upon being identified as
14 such by the Department, be given written notice by the
15 Department to register and certify the lagoon within 10
16 working days of receipt of the notice. The Department may
17 inspect such lagoon and require compliance in accordance with
18 subsections (a) and (b) of this Section. If the owner or
19 operator of the livestock waste lagoon that is subject to
20 registration fails to comply with the notice, the Department
21 may issue a cease and desist order until such time as
22 compliance is obtained with the requirements of this Act.
23 Failure to construct the lagoon in accordance with the
24 construction plan and Department recommendations is a
25 business offense punishable by a fine of not more than
26 $5,000.
27 (Source: P.A. 89-456, eff. 5-21-96.)
28 (510 ILCS 77/16 new)
29 Sec. 16. Inspection of new earthen livestock waste
30 lagoons by Environmental Protection Agency. At least once
31 each year on a random basis, the Agency shall inspect every
32 earthen livestock waste lagoon that: (i) services 1,000 or
33 more animal units; (ii) is required to be registered under
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1 this Act; and (iii) is constructed on or after the effective
2 date of this amendatory Act of 1997. The owner or operator
3 of the lagoon or a certified livestock manager must be
4 present during the inspection. If the owner, operator, or
5 certified livestock manager is not present at the scheduled
6 date, time, and place of the inspection, the inspection shall
7 proceed in his or her absence. The person making the
8 inspection shall conduct a visual inspection to determine
9 only whether any of the following are present: burrow holes,
10 trees or woody vegetation, proper freeboard, erosion,
11 settling of the berm, bermtop maintenance, leaks, and
12 seepage. The person making the inspection shall discuss with
13 the owner, operator, or certified livestock manager an
14 evaluation of the livestock waste lagoon's current condition
15 and shall (i) provide on-site written recommendations to the
16 owner, operator, or certified livestock manager of what
17 corrective actions are necessary or (ii) inform the owner,
18 operator, or certified livestock manager that the lagoon
19 meets the standards set forth in this subsection.
20 The person making any inspection shall comply with
21 reasonable animal health protection procedures as requested
22 by the owner, operator, or certified livestock manager.
23 The person making the inspection shall notify the
24 Department of any maintenance deficiencies revealed by the
25 inspection. Upon receiving notice of maintenance
26 deficiencies from the inspector, the Department shall send
27 official written notice of the deficiencies to the owner or
28 operator of the lagoon by certified mail, return receipt
29 requested. The owner or operator and the Department shall
30 enter into an agreement of compliance setting forth the
31 specific action and timetable to correct the deficiencies.
32 The person making the reinspection shall notify the
33 Department of the results of the reinspection, and the
34 Department shall take the appropriate action under Section
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1 65.
2 (510 ILCS 77/17)
3 Sec. 17. Financial responsibility. Owners of new or
4 modified lagoons registered under the provisions of this Act
5 shall establish and maintain evidence of financial
6 responsibility to provide for the closure of the lagoons and
7 the proper disposal of their contents within the time
8 provisions outlined in this Act. Financial responsibility
9 may be evidenced by any combination of the following:
10 (1) Commercial or private insurance;
11 (2) Guarantee;
12 (3) Surety bond;
13 (4) Letter of credit;
14 (5) Certificate of Deposit or designated savings
15 account;.
16 (6) Participation in a livestock waste lagoon closure
17 fund managed by the Illinois Farm Development Authority.
18 The level of surety required shall be determined by rule
19 and be based upon the volumetric capacity of the lagoon. By
20 January 1, 1997, The Department shall conduct a study of the
21 availability and cost of commercial surety instruments and
22 report its findings to the General Assembly for its
23 consideration and review. Surety instruments required under
24 this Section shall be required after the effective date of
25 rules adopted for the implementation of this Act.
26 (Source: P.A. 89-456, eff. 5-21-96.)
27 (510 ILCS 77/20)
28 Sec. 20. Handling, storing and disposing of livestock
29 waste.
30 (a) The livestock management facility owner or operator
31 shall comply with the requirements for handling, storing, and
32 disposing of livestock wastes as set forth in the rules
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1 adopted pursuant to the Illinois Environmental Protection Act
2 concerning agriculture related pollution.
3 (b) The livestock management facility owner or operator
4 at a facility of less than 1,000 animal units shall not be
5 required to prepare and maintain a waste management plan.
6 (c) The livestock management facility owner or operator
7 at a facility of 1,000 or greater animal units but less than
8 7,000 animal units shall prepare and maintain on file at the
9 livestock management facility a general waste management
10 plan. Notwithstanding this requirement, a livestock
11 management facility subject to this subsection may be
12 operated on an interim basis but not to exceed 6 months after
13 the effective date of the rules promulgated pursuant to this
14 Act to allow for the owner or operator of the facility to
15 develop a waste management plan. The waste management plan
16 shall be available for inspection during normal business
17 hours by Department personnel.
18 (d) The livestock management facility owner or operator
19 at a facility of 7,000 or greater animal units shall prepare,
20 maintain, and submit to the Department the waste management
21 plan for approval. Approval of the waste management plan
22 shall be predicated on compliance with provisions of
23 subsection (f). The waste management plan shall be approved
24 by the Department before operation of the facility or in the
25 case of an existing facility, the waste management plan shall
26 be submitted within 60 working days after the effective date
27 of the rules promulgated pursuant to this Act.
28 The owner or operator of an existing livestock management
29 facility that through growth meets or exceeds 7,000 animal
30 units shall file its waste management plan with the
31 Department within 60 working days after reaching the stated
32 animal units.
33 The owner or operator of a livestock management facility
34 that is subject to this subsection (d) shall file within 60
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1 working days with the Department a revised waste management
2 plan when there is a significant change in items (1), (2), or
3 (10) of subsection (f) that will materially affect compliance
4 with the waste management plan.
5 (e) The waste management plan and records of livestock
6 waste disposal shall be kept on file for three years.
7 (f) The application of livestock waste to the land is an
8 acceptable, recommended, and established practice in
9 Illinois. However, when livestock waste is not applied in a
10 responsible manner, it may create pollutional problems. It
11 should be recognized that, in most cases, if the agronomic
12 nitrogen rate is met, the phosphorus applied will exceed the
13 crop requirements, but not all of the phosphorus may be
14 available for use by the crop. It will be considered
15 acceptable, therefore, to prepare and implement a waste
16 management plan based on the nitrogen rate. The waste
17 management plan shall include the following:
18 (1) An estimate of the volume of waste to be
19 disposed of annually.
20 (2) The number of acres available for disposal of
21 the waste.
22 (3) An estimate of the nutrient value of the waste.
23 (4) An indication that the livestock waste will be
24 applied at rates not to exceed the agronomic nitrogen
25 demand of the crops to be grown when averaged over a
26 5-year period.
27 (5) A provision that livestock waste applied within
28 1/4 mile of any residence not part of the facility shall
29 be injected or incorporated on the day of application.
30 However, livestock management facilities and livestock
31 waste handling facilities that have irrigation systems in
32 operation prior to the effective date of this Act or
33 existing facilities applying waste on frozen ground are
34 not subject to the provisions of this item (5).
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1 (6) A provision that livestock waste may not be
2 applied within 200 feet of surface water unless the water
3 is upgrade or there is adequate diking, and waste will
4 not be applied within 150 feet of potable water supply
5 wells.
6 (7) A provision that livestock waste may not be
7 applied in a 10-year flood plain unless the injection or
8 incorporation method of application is used.
9 (8) A provision that livestock waste may not be
10 applied in waterways.
11 (9) A provision that if waste is spread on frozen
12 or snow-covered land, the application will be limited to
13 land areas on which:
14 (A) land slopes are 5% or less, or
15 (B) adequate erosion control practices exist.
16 (10) Methods for disposal of animal waste.
17 (g) Any person who is required to prepare and maintain a
18 waste management plan and who fails to do so shall be issued
19 a warning letter by the Department for the first violation
20 and shall be given 30 working days to prepare a waste
21 management plan. For failure to prepare and maintain a waste
22 management plan, the person shall be fined an administrative
23 penalty of up to $1,000 $500 by the Department and shall be
24 required to enter into an agreement of compliance to prepare
25 and maintain a waste management plan within 30 working days.
26 For failure to prepare and maintain a waste management plan
27 after the second 30 day period or for failure to enter into a
28 compliance agreement, the Department may issue an operational
29 cease and desist order until compliance is attained.
30 (Source: P.A. 89-456, eff. 5-21-96.)
31 (510 ILCS 77/25)
32 Sec. 25. Odor control.
33 (a) Operators of livestock waste handling facilities
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1 shall practice odor control methods during the course of
2 manure removal and field application. Odor control methods
3 shall be those methods identified in the rules adopted
4 pursuant to the Illinois Environmental Protection Act
5 concerning agriculture related pollution.
6 (b) Every single-stage livestock waste lagoon constructed
7 after the effective date of this amendatory Act of 1997 shall
8 comply with the following operational guidelines:
9 (1) In operation, the lagoon must be maintained at
10 not less than 60% of its designed capacity.
11 (2) The livestock waste supply to the lagoon must be
12 below the minimum operational water line or as near as
13 practicable to the bottom of the lagoon.
14 (3) The livestock waste storage capacity of the
15 lagoon must be greater than 270 days.
16 (c) Above-ground livestock waste holding structures must
17 be operated using site specific odor control management
18 guidelines based on scientific peer review accepted by the
19 Department.
20 (Source: P.A. 89-456, eff. 5-21-96.)
21 (510 ILCS 77/30)
22 Sec. 30. Certified Livestock Manager. The Department
23 shall establish a Certified Livestock Manager program in
24 conjunction with the livestock industry that will enhance
25 management skills in critical areas, such as environmental
26 awareness, safety concerns, odor control techniques and
27 technology, neighbor awareness, current best management
28 practices, and the developing and implementing of manure
29 management plans.
30 (a) Applicability. A livestock waste handling facility
31 serving 300 or greater animal units shall be operated only
32 under the supervision of a certified livestock manager. Not
33 withstanding the before-stated provision, a livestock waste
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1 handling facility may be operated on an interim basis, but
2 not to exceed 6 months, to allow for the owner or operator of
3 the facility to become certified.
4 (b) A certification program shall include the following:
5 (1) A general working knowledge of best management
6 practices.
7 (2) A general working knowledge of livestock waste
8 handling practices and procedures.
9 (3) A general working knowledge of livestock
10 management operations and related safety issues.
11 (4) An awareness and understanding of the
12 responsibility of the owner or operator for all employees
13 who may be involved with waste handling.
14 (c) Any certification issued shall be valid for 3 years
15 and thereafter be subject to renewal. A renewal shall be
16 valid for a 3 year period and the procedures set forth in
17 this Section shall be followed. The Department may require
18 anyone who is certified to be recertified in less than 3
19 years for just cause including but not limited to repeated
20 complaints where investigations reveal the need to improve
21 management practices.
22 (d) Methods for obtaining certified livestock manager
23 status.
24 (1) The owner or operator of a livestock waste
25 handling facility serving 300 or greater animal units but
26 less than 1,000 animal units shall become a certified
27 livestock manager by:
28 (A) attending a training session conducted by
29 the Department of Agriculture, Cooperative Extension
30 Service, or any agriculture association, which has
31 been approved by or is in cooperation with the
32 Department; or
33 (B) in lieu of attendance at a training
34 session, successfully completing a written
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1 competency examination.
2 (2) The owner or operator of a livestock waste
3 handling facility serving 1,000 or greater animal units
4 shall become a certified livestock manager by attending a
5 training session conducted by the Department of
6 Agriculture, Cooperative Extension Service, or any
7 agriculture association, which has been approved by or is
8 in cooperation with the Department and successfully
9 completing a written competency examination.
10 (e) The certified livestock manager certificate shall be
11 issued by the Department and shall indicate that the person
12 named on the certificate is certified as a livestock
13 management facility manager, the dates of certification, and
14 when renewal is due.
15 (f) The Department shall charge $10 for the issuance or
16 renewal of a certified livestock manager certificate. The
17 Department may, by rule, establish fees to cover the costs of
18 materials and training for training sessions given by the
19 Department.
20 (g) The owner or operator of a livestock waste handling
21 facility operating in violation of the provisions of
22 subsection (a) of this Section shall be issued a warning
23 letter for the first violation and shall be required to have
24 a certified manager for the livestock waste handling facility
25 within 30 working days. For failure to comply with the
26 warning letter within the 30 day period, the person shall be
27 fined an administrative penalty of up to $1,000 $500 by the
28 Department and shall be required to enter into an agreement
29 to have a certified manager for the livestock waste handling
30 facility within 30 working days. For failure to comply with
31 the agreement to have a certified manager for the livestock
32 waste handling facility within the 30 day period or for
33 failure to enter into a compliance agreement, the person
34 shall be fined up to $1,000 by the Department and shall be
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1 required to enter into an agreement to have a certified
2 manager for the livestock waste handling facility within 30
3 working days. For continued failure to comply, the
4 Department may issue an operational cease and desist order
5 until compliance is attained.
6 (Source: P.A. 89-456, eff. 5-21-96.)
7 (510 ILCS 77/35)
8 Sec. 35. Setbacks for livestock management and livestock
9 handling facilities.
10 (a) Grandfather provision; facilities in existence prior
11 to July 15, 1991. Livestock management facilities and
12 livestock waste handling facilities in existence prior to
13 July 15, 1991 shall comply with setbacks in existence prior
14 to July 15, 1991, as set forth in the Illinois Environmental
15 Protection Act and rules promulgated under that Act.
16 (b) Grandfather provision; facilities in existence on
17 effective date and after July 15, 1991. Livestock management
18 facilities and livestock waste handling facilities in
19 existence on the effective date of this Act but after July
20 15, 1991 shall comply with setbacks in existence prior to the
21 effective date of this Act, as set forth in the Illinois
22 Environmental Protection Act and rules promulgated under that
23 Act.
24 (c) New livestock management or livestock waste handling
25 facilities. Any new facility shall comply with the following
26 setbacks:
27 (1) For purposes of determining setback distances,
28 minimum distances shall be measured from the nearest
29 corner of the residence or place of common assembly to
30 the nearest corner of the earthen waste lagoon or
31 livestock management facility, whichever is closer.
32 (2) A livestock management facility or livestock
33 waste handling facility serving less than 50 animal
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1 units shall be exempt from setback distances as set forth
2 in this Act but shall be subject to rules promulgated
3 under the Illinois Environmental Protection Act.
4 (3) For a livestock management facility or waste
5 handling facility serving 50 or greater but less than
6 1,000 animal units, the minimum setback shall be 1/4 mile
7 from the nearest occupied farm residence (unless the
8 residence is owned by the owner of the facility) or
9 non-farm residence and 1/2 mile from the nearest
10 populated area.
11 (4) For a livestock management facility or
12 livestock waste handling facility serving 1,000 or
13 greater but less than 7,000 animal units, the setback is
14 as follows:
15 (A) For a populated area, the minimum setback
16 shall be increased 440 feet over the minimum setback
17 of 1/2 mile for each additional 1,000 animal units
18 over 1,000 animal units.
19 (B) For any occupied residence, the minimum
20 setback shall be increased 220 feet over the minimum
21 setback of 1/4 mile for each additional 1,000 animal
22 units over 1,000 animal units.
23 (5) For a livestock management facility or
24 livestock waste handling facility serving 7,000 or
25 greater animal units, the setback is as follows:
26 (A) For a populated area, the minimum setback
27 shall be 1 mile.
28 (B) For any occupied residence, the minimum
29 setback shall be 1/2 mile.
30 (d) Requirements governing the location of a new
31 livestock management facility and new livestock
32 waste-handling facility and conditions for exemptions or
33 compliance with the maximum feasible location as provided in
34 rules adopted pursuant to the Illinois Environmental
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1 Protection Act concerning agriculture regulated pollution
2 shall apply to those facilities identified in subsections (b)
3 and (c) of this Section. With regard to the maximum feasible
4 location requirements, any reference to a setback distance in
5 the rules under the Illinois Environmental Protection Act
6 shall mean the appropriate distance as set forth in this
7 Section.
8 (e) Setback category shall be determined by the design
9 capacity in animal units of the livestock management
10 facility.
11 (f) Setbacks may be decreased when innovative designs as
12 approved by the Department are incorporated into the
13 facility.
14 (g) A setback may be decreased when waivers are obtained
15 from owners of residences that are occupied and located in
16 the setback area.
17 (Source: P.A. 89-456, eff. 5-21-96.)
18 (510 ILCS 77/65 new)
19 Sec. 65. Violations. This Section pertains to
20 subsection (d-5) of Section 15 and to Sections 16 and 25.
21 (1) The Department shall adopt rules establishing
22 categories of violations of this Act.
23 (2) For a first violation of this Act in a
24 particular category by the owner of a livestock
25 management facility or livestock waste handling facility,
26 the Department shall send the owner a written notice of
27 the violation by certified mail, return receipt
28 requested. One (but not more than one) violation of
29 this Act shall be disregarded by the Department for
30 purposes of this Section if the owner has committed no
31 previous violations and the Department determines that
32 the owner remedied the violation within 30 days after the
33 written notice. In the case of a disregarded violation:
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1 (i) the Department shall not consider that violation to
2 constitute a violation; and (ii) the next violation
3 committed by the owner shall be deemed by the Department
4 to constitute a first violation for purposes of this
5 Section.
6 (3) If after a hearing the Department finds that the
7 owner of a livestock management facility or livestock
8 waste handling facility has committed a second violation
9 of this Act in a particular category, the Department
10 shall impose on the owner a civil administrative penalty
11 in an amount not exceeding $1,000. The Attorney General
12 may bring an action in the circuit court to enforce the
13 collection of a penalty imposed under this paragraph.
14 (4) If after a hearing the Department finds that the
15 owner of a livestock management facility or livestock
16 waste handling facility has committed a third violation
17 of this Act in a particular category, the Department
18 shall enter an administrative order directing that the
19 owner cease operation of the facility until the violation
20 is corrected.
21 (5) If a livestock management facility or livestock
22 waste handling facility has not committed a violation of
23 this Act within the 10 years immediately preceding a
24 violation, the violation shall be construed and treated
25 as a first violation.".