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90_HB1158sam002
LRB9004267WHmgam12
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 protected from flooding.
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 and 16 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. When
30 an informational meeting is required by the county,
31 construction shall not begin until after the informational
32 meeting has been held.
33 Livestock waste lagoon registration forms shall be made
34 available to producers at offices of the Department of
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1 Agriculture, Cooperative Extension Service, and Soil and
2 Water Conservation Districts.
3 Registration information shall include the following:
4 (1) Name(s) and address(es) of the owner and
5 operator who are responsible for the livestock waste
6 lagoon.
7 (2) General location of lagoon.
8 (3) Design construction plans and specifications.
9 (4) Specific location information:
10 (A) Distance to a private or public potable
11 well;
12 (B) Distance to closest occupied private
13 residence (other than any occupied by owner or
14 operator);
15 (C) Distance to nearest stream; and
16 (D) Distance to nearest populated area.
17 (5) Anticipated beginning and ending dates of
18 construction.
19 (6) Type of livestock and number of animal units.
20 The Department of Agriculture upon receipt of a livestock
21 waste lagoon registration form shall review the form to
22 determine that all required information has been provided.
23 The person filing the registration shall be notified within
24 15 working days that the registration is complete or that
25 clarification of information is needed. No later than 10
26 working days after receipt of the clarification information,
27 the Department shall notify the owner or operator that the
28 registration is complete.
29 The Department shall inspect an earthen livestock waste
30 lagoon during at least one of the following phases:
31 preconstruction, construction, and post-construction. The
32 Department shall require modifications when necessary to
33 bring construction in compliance with the standards as set
34 forth in subsection (a) of Section 15. The person making
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1 the inspection shall discuss with the owner, or operator, or
2 certified livestock manager an evaluation of the livestock
3 waste lagoon construction and shall (i) provide on-site
4 written recommendations to the owner, or operator, or
5 certified livestock manager of what modifications are
6 necessary or (ii) inform the owner, operator, or certified
7 livestock manager that the lagoon meets the standards set
8 forth in subsection (a) of Section 15. On the day of the
9 inspection, the person making the inspection shall give the
10 owner, operator, or certified livestock manager a written
11 report of his or her findings based on the inspection,
12 together with an explanation of any remedial measures
13 necessary to enable the lagoon to meet the standards set
14 forth in subsection (a).
15 The person making any inspection shall comply with
16 reasonable animal health protection procedures as requested
17 by the owner, or operator, or certified livestock manager.
18 Upon completion of the construction or modification, but
19 prior to placing the lagoon in service, the owner or operator
20 of the livestock waste lagoon shall certify on a form
21 provided by the Department that the lagoon has been
22 constructed or modified in accordance with the standards set
23 forth in subsection (a) of Section 15 and that the
24 information provided on the registration form is correct.
25 (1) The certification notice to the Department
26 shall include a certification statement and signature.
27 (2) The certification shall state: "I hereby
28 certify that the information provided on this form is
29 correct and that the lagoon has been constructed in
30 accordance with the standards as required by the
31 Livestock Management Facilities Act."
32 The owner or operator of the lagoon may proceed to place
33 the lagoon in service no earlier than 10 working days after
34 submitting to the Department a certification of compliance
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1 statement.
2 (b-5) Public informational meeting. Within 7 days after
3 receiving a registration form giving notice of an intent to
4 construct or modify an earthen livestock waste lagoon after
5 the effective date of this amendatory Act of 1997, the
6 Department shall send a copy of the registration form to the
7 county board of the county in which the lagoon is or is to
8 be located. After receiving a copy of a lagoon registration
9 form from the Department under this subsection, within 30
10 days the county board may at its discretion request that the
11 Department conduct a public informational meeting within 15
12 days of the request concerning the proposed construction or
13 modification of the lagoon. If the Department conducts such
14 a meeting, then at least 10 days before the meeting, the
15 Department shall cause notice of the meeting to be published
16 in a newspaper of general circulation in the county or the
17 State newspaper. The owner or operator who submitted the
18 registration form to the Department shall appear at the
19 meeting. At the meeting, the Department shall afford members
20 of the public an opportunity to ask questions and present
21 oral or written testimony concerning the proposed
22 construction or modification of the lagoon.
23 (c) Complaint procedure. Any person having a complaint
24 concerning an earthen livestock waste lagoon may file a
25 complaint with the Agency. If the Agency finds that
26 groundwater has been negatively impacted because of
27 structural problems with the earthen lagoon, the Agency shall
28 notify the Department that modification of the lagoon is
29 necessary. The livestock owner or operator or the Department
30 may request guidance from the United States Department of
31 Agriculture Natural Resource Conservation Service or the
32 University of Illinois Cooperative Extension Service.
33 The person making any inspection shall comply with animal
34 health protection procedures as requested by the owner or
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1 operator.
2 Any earthen livestock waste lagoon in service prior to
3 the effective date of the rules for implementation of this
4 Act is not subject to registration but is only subject to the
5 complaint procedure. However, any such livestock waste
6 lagoon found impacting groundwater shall be required to be
7 repaired, modified, or have procedures instituted so
8 groundwater is not negatively impacted.
9 If an investigation reveals groundwater has been
10 negatively impacted, the Department and Agency shall
11 cooperate with the owner or operator of the affected
12 livestock waste lagoon to provide a reasonable solution to
13 protect the groundwater.
14 Nothing in this Section shall limit the Agency's
15 authority under the Environmental Protection Act to
16 investigate and respond to violations of the Environmental
17 Protection Act or rules adopted under that Act.
18 (d) Livestock waste lagoon registration fee. The
19 livestock waste lagoon registration fee is $50.
20 (d-5) Reporting release of waste. An owner or operator
21 of a lagoon shall report to the Agency any release of
22 livestock waste from a lagoon within 24 hours after the
23 discovery of the release. The procedure for reporting
24 releases shall be adopted by the Agency by rule.
25 For a first violation of this subsection (d-5) by the
26 owner of a livestock management facility or livestock waste
27 handling facility, the Department shall send the owner a
28 written notice of the violation by certified mail, return
29 receipt requested.
30 If after a hearing the Department finds that the owner of
31 a livestock management facility or livestock waste handling
32 facility has committed a second violation of this subsection
33 (d-5), the Department shall impose on the owner a civil
34 administrative penalty in an amount not exceeding $1,000.
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1 The Attorney General may bring an action in the circuit court
2 to enforce the collection of a penalty imposed under this
3 subsection (d-5).
4 If after a hearing the Department finds that the owner of
5 a livestock management facility or livestock waste handling
6 facility has committed a third violation of this subsection
7 (d-5), the Department shall enter an administrative order
8 directing that the owner cease operation of the facility
9 until the violation is corrected.
10 If a livestock management facility or livestock waste
11 handling facility has not committed a violation of this
12 subsection (d-5) within the 10 years immediately preceding a
13 violation, the violation shall be construed and treated as a
14 first violation.
15 (e) Closure of livestock waste lagoons. When any earthen
16 livestock waste lagoon is removed from service, it shall be
17 completely emptied. Appropriate closure procedures shall be
18 followed as determined by rule. The remaining hole must be
19 filled. The closure requirements shall be completed within
20 two years from the date of cessation of operation unless the
21 lagoon is maintained or serviced. The Department may grant a
22 waiver to the before-stated closure requirements that will
23 permit the lagoon to be used for an alternative purpose.
24 Upon a change in ownership of a registered earthen
25 livestock waste lagoon, the owner shall notify the Department
26 of the change within 30 working days of the closing of the
27 transaction.
28 (f) Administrative authority. All actions of the
29 Department of Agriculture are subject to the Illinois
30 Administrative Procedure Act.
31 Any earthen livestock waste lagoon subject to
32 registration shall not begin operation until the owner or
33 operator of the lagoon has met the requirements of this Act.
34 The owner or operator of any earthen livestock waste
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1 lagoon subject to registration that has not been registered
2 or constructed in accordance with standards set forth in
3 subsection (a) of Section 15 shall, upon being identified as
4 such by the Department, be given written notice by the
5 Department to register and certify the lagoon within 10
6 working days of receipt of the notice. The Department may
7 inspect such lagoon and require compliance in accordance with
8 subsections (a) and (b) of this Section. If the owner or
9 operator of the livestock waste lagoon that is subject to
10 registration fails to comply with the notice, the Department
11 may issue a cease and desist order until such time as
12 compliance is obtained with the requirements of this Act.
13 Failure to construct the lagoon in accordance with the
14 construction plan and Department recommendations is a
15 business offense punishable by a fine of not more than
16 $5,000.
17 (Source: P.A. 89-456, eff. 5-21-96.)
18 (510 ILCS 77/16 new)
19 Sec. 16. Inspection of new earthen livestock waste
20 lagoons by Environmental Protection Agency. At least once
21 each year on a random basis, the Agency shall inspect every
22 earthen livestock waste lagoon that: (i) services 1,000 or
23 more animal units; and (ii) is required to be registered
24 under this Act. The owner or operator of the lagoon or a
25 certified livestock manager must be present during the
26 inspection. If the owner, operator, or certified livestock
27 manager is not present at the scheduled date, time, and place
28 of the inspection, the inspection shall proceed in his or her
29 absence. The person making the inspection shall conduct a
30 visual inspection to determine only whether any of the
31 following are present: burrow holes, trees or woody
32 vegetation, proper freeboard, erosion, settling of the berm,
33 bermtop maintenance, leaks, and seepage. The person making
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1 the inspection shall discuss with the owner, operator, or
2 certified livestock manager an evaluation of the livestock
3 waste lagoon's current condition and shall (i) provide
4 on-site written recommendations to the owner, operator, or
5 certified livestock manager of what corrective actions are
6 necessary or (ii) inform the owner, operator, or certified
7 livestock manager that the lagoon meets the standards set
8 forth in this subsection.
9 The person making any inspection shall comply with
10 reasonable animal health protection procedures as requested
11 by the owner, operator, or certified livestock manager.
12 The person making the inspection shall notify the
13 Department of any maintenance deficiencies revealed by the
14 inspection. Upon receiving notice of maintenance
15 deficiencies from the inspector, the Department shall send
16 official written notice of the deficiencies to the owner or
17 operator of the lagoon by certified mail, return receipt
18 requested. The owner or operator and the Department shall
19 enter into an agreement of compliance setting forth the
20 specific action and timetable to correct the deficiencies.
21 The person making the reinspection shall notify the
22 Department of the results of the reinspection, and the
23 Department shall take the appropriate action under this
24 Section.
25 For a first violation of this Section by the owner of a
26 livestock management facility or livestock waste handling
27 facility, the Department shall send the owner a written
28 notice of the violation by certified mail, return receipt
29 requested.
30 If after a hearing the Department finds that the owner of
31 a livestock management facility or livestock waste handling
32 facility has committed a second violation of this Section,
33 the Department shall impose on the owner a civil
34 administrative penalty in an amount not exceeding $1,000.
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1 The Attorney General may bring an action in the circuit court
2 to enforce the collection of a penalty imposed under this
3 Section.
4 If after a hearing the Department finds that the owner of
5 a livestock management facility or livestock waste handling
6 facility has committed a third violation of this Section, the
7 Department shall enter an administrative order directing that
8 the owner cease operation of the facility until the violation
9 is corrected.
10 If a livestock management facility or livestock waste
11 handling facility has not committed a violation of this
12 Section within the 10 years immediately preceding a
13 violation, the violation shall be construed and treated as a
14 first violation.
15 (510 ILCS 77/17)
16 Sec. 17. Financial responsibility. Owners of new or
17 modified lagoons registered under the provisions of this Act
18 shall establish and maintain evidence of financial
19 responsibility to provide for the closure of the lagoons and
20 the proper disposal of their contents within the time
21 provisions outlined in this Act. Financial responsibility
22 may be evidenced by any combination of the following:
23 (1) Commercial or private insurance;
24 (2) Guarantee;
25 (3) Surety bond;
26 (4) Letter of credit;
27 (5) Certificate of Deposit or designated savings
28 account;.
29 (6) Participation in a livestock waste lagoon closure
30 fund managed by the Illinois Farm Development Authority.
31 The level of surety required shall be determined by rule
32 and be based upon the volumetric capacity of the lagoon. By
33 January 1, 1997, The Department shall conduct a study of the
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1 availability and cost of commercial surety instruments and
2 report its findings to the General Assembly for its
3 consideration and review. Surety instruments required under
4 this Section shall be required after the effective date of
5 rules adopted for the implementation of this Act.
6 (Source: P.A. 89-456, eff. 5-21-96.)
7 (510 ILCS 77/20)
8 Sec. 20. Handling, storing and disposing of livestock
9 waste.
10 (a) The livestock management facility owner or operator
11 shall comply with the requirements for handling, storing, and
12 disposing of livestock wastes as set forth in the rules
13 adopted pursuant to the Illinois Environmental Protection Act
14 concerning agriculture related pollution.
15 (b) The livestock management facility owner or operator
16 at a facility of less than 1,000 animal units shall not be
17 required to prepare and maintain a waste management plan.
18 (c) The livestock management facility owner or operator
19 at a facility of 1,000 or greater animal units but less than
20 7,000 animal units shall prepare and maintain on file at the
21 livestock management facility a general waste management
22 plan. Notwithstanding this requirement, a livestock
23 management facility subject to this subsection may be
24 operated on an interim basis but not to exceed 6 months after
25 the effective date of the rules promulgated pursuant to this
26 Act to allow for the owner or operator of the facility to
27 develop a waste management plan. The waste management plan
28 shall be available for inspection during normal business
29 hours by Department personnel.
30 (d) The livestock management facility owner or operator
31 at a facility of 7,000 or greater animal units shall prepare,
32 maintain, and submit to the Department the waste management
33 plan for approval. Approval of the waste management plan
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1 shall be predicated on compliance with provisions of
2 subsection (f). The waste management plan shall be approved
3 by the Department before operation of the facility or in the
4 case of an existing facility, the waste management plan shall
5 be submitted within 60 working days after the effective date
6 of the rules promulgated pursuant to this Act.
7 The owner or operator of an existing livestock management
8 facility that through growth meets or exceeds 7,000 animal
9 units shall file its waste management plan with the
10 Department within 60 working days after reaching the stated
11 animal units.
12 The owner or operator of a livestock management facility
13 that is subject to this subsection (d) shall file within 60
14 working days with the Department a revised waste management
15 plan when there is a significant change in items (1), (2), or
16 (10) of subsection (f) that will materially affect compliance
17 with the waste management plan.
18 (e) The waste management plan and records of livestock
19 waste disposal shall be kept on file for three years.
20 (f) The application of livestock waste to the land is an
21 acceptable, recommended, and established practice in
22 Illinois. However, when livestock waste is not applied in a
23 responsible manner, it may create pollutional problems. It
24 should be recognized that, in most cases, if the agronomic
25 nitrogen rate is met, the phosphorus applied will exceed the
26 crop requirements, but not all of the phosphorus may be
27 available for use by the crop. It will be considered
28 acceptable, therefore, to prepare and implement a waste
29 management plan based on the nitrogen rate. The waste
30 management plan shall include the following:
31 (1) An estimate of the volume of waste to be
32 disposed of annually.
33 (2) The number of acres available for disposal of
34 the waste.
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1 (3) An estimate of the nutrient value of the waste.
2 (4) An indication that the livestock waste will be
3 applied at rates not to exceed the agronomic nitrogen
4 demand of the crops to be grown when averaged over a
5 5-year period.
6 (5) A provision that livestock waste applied within
7 1/4 mile of any residence not part of the facility shall
8 be injected or incorporated on the day of application.
9 However, livestock management facilities and livestock
10 waste handling facilities that have irrigation systems in
11 operation prior to the effective date of this Act or
12 existing facilities applying waste on frozen ground are
13 not subject to the provisions of this item (5).
14 (6) A provision that livestock waste may not be
15 applied within 200 feet of surface water unless the water
16 is upgrade or there is adequate diking, and waste will
17 not be applied within 150 feet of potable water supply
18 wells.
19 (7) A provision that livestock waste may not be
20 applied in a 10-year flood plain unless the injection or
21 incorporation method of application is used.
22 (8) A provision that livestock waste may not be
23 applied in waterways.
24 (9) A provision that if waste is spread on frozen
25 or snow-covered land, the application will be limited to
26 land areas on which:
27 (A) land slopes are 5% or less, or
28 (B) adequate erosion control practices exist.
29 (10) Methods for disposal of animal waste.
30 (g) Any person who is required to prepare and maintain a
31 waste management plan and who fails to do so shall be issued
32 a warning letter by the Department for the first violation
33 and shall be given 30 working days to prepare a waste
34 management plan. For failure to prepare and maintain a waste
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1 management plan, the person shall be fined an administrative
2 penalty of up to $1,000 $500 by the Department and shall be
3 required to enter into an agreement of compliance to prepare
4 and maintain a waste management plan within 30 working days.
5 For failure to prepare and maintain a waste management plan
6 after the second 30 day period or for failure to enter into a
7 compliance agreement, the Department may issue an operational
8 cease and desist order until compliance is attained.
9 (Source: P.A. 89-456, eff. 5-21-96.)
10 (510 ILCS 77/25)
11 Sec. 25. Odor control.
12 (a) Operators of livestock waste handling facilities
13 shall practice odor control methods during the course of
14 manure removal and field application. Odor control methods
15 shall be those methods identified in the rules adopted
16 pursuant to the Illinois Environmental Protection Act
17 concerning agriculture related pollution.
18 (b) Every single-stage livestock waste lagoon constructed
19 after the effective date of this amendatory Act of 1997 shall
20 comply with the following operational guidelines:
21 (1) In operation, the lagoon must be maintained at
22 not less than the minimum design volume.
23 (2) The livestock waste supply to the lagoon must be
24 below the minimum design volume level.
25 (3) The livestock waste storage capacity of the
26 lagoon must be greater than 270 days.
27 (c) Above-ground livestock waste holding structures must
28 be operated using site specific odor control management
29 guidelines based on scientific peer review accepted by the
30 Department.
31 (d) For a first violation of this Section by the owner
32 of a livestock management facility or livestock waste
33 handling facility, the Department shall send the owner a
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1 written notice of the violation by certified mail, return
2 receipt requested.
3 If after a hearing the Department finds that the owner of
4 a livestock management facility or livestock waste handling
5 facility has committed a second violation of this Section,
6 the Department shall impose on the owner a civil
7 administrative penalty in an amount not exceeding $1,000.
8 The Attorney General may bring an action in the circuit court
9 to enforce the collection of a penalty imposed under this
10 Section.
11 If after a hearing the Department finds that the owner of
12 a livestock management facility or livestock waste handling
13 facility has committed a third violation of this Section, the
14 Department shall enter an administrative order directing that
15 the owner cease operation of the facility until the violation
16 is corrected.
17 If a livestock management facility or livestock waste
18 handling facility has not committed a violation of this
19 Section within the 10 years immediately preceding a
20 violation, the violation shall be construed and treated as a
21 first violation.
22 (Source: P.A. 89-456, eff. 5-21-96.)
23 (510 ILCS 77/30)
24 Sec. 30. Certified Livestock Manager. The Department
25 shall establish a Certified Livestock Manager program in
26 conjunction with the livestock industry that will enhance
27 management skills in critical areas, such as environmental
28 awareness, safety concerns, odor control techniques and
29 technology, neighbor awareness, current best management
30 practices, and the developing and implementing of manure
31 management plans.
32 (a) Applicability. A livestock waste handling facility
33 serving 300 or greater animal units shall be operated only
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1 under the supervision of a certified livestock manager. Not
2 withstanding the before-stated provision, a livestock waste
3 handling facility may be operated on an interim basis, but
4 not to exceed 6 months, to allow for the owner or operator of
5 the facility to become certified.
6 (b) A certification program shall include the following:
7 (1) A general working knowledge of best management
8 practices.
9 (2) A general working knowledge of livestock waste
10 handling practices and procedures.
11 (3) A general working knowledge of livestock
12 management operations and related safety issues.
13 (4) An awareness and understanding of the
14 responsibility of the owner or operator for all employees
15 who may be involved with waste handling.
16 (c) Any certification issued shall be valid for 3 years
17 and thereafter be subject to renewal. A renewal shall be
18 valid for a 3 year period and the procedures set forth in
19 this Section shall be followed. The Department may require
20 anyone who is certified to be recertified in less than 3
21 years for just cause including but not limited to repeated
22 complaints where investigations reveal the need to improve
23 management practices.
24 (d) Methods for obtaining certified livestock manager
25 status.
26 (1) The owner or operator of a livestock waste
27 handling facility serving 300 or greater animal units but
28 less than 1,000 animal units shall become a certified
29 livestock manager by:
30 (A) attending a training session conducted by
31 the Department of Agriculture, Cooperative Extension
32 Service, or any agriculture association, which has
33 been approved by or is in cooperation with the
34 Department; or
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1 (B) in lieu of attendance at a training
2 session, successfully completing a written
3 competency examination.
4 (2) The owner or operator of a livestock waste
5 handling facility serving 1,000 or greater animal units
6 shall become a certified livestock manager by attending a
7 training session conducted by the Department of
8 Agriculture, Cooperative Extension Service, or any
9 agriculture association, which has been approved by or is
10 in cooperation with the Department and successfully
11 completing a written competency examination.
12 (e) The certified livestock manager certificate shall be
13 issued by the Department and shall indicate that the person
14 named on the certificate is certified as a livestock
15 management facility manager, the dates of certification, and
16 when renewal is due.
17 (f) The Department shall charge $10 for the issuance or
18 renewal of a certified livestock manager certificate. The
19 Department may, by rule, establish fees to cover the costs of
20 materials and training for training sessions given by the
21 Department.
22 (g) The owner or operator of a livestock waste handling
23 facility operating in violation of the provisions of
24 subsection (a) of this Section shall be issued a warning
25 letter for the first violation and shall be required to have
26 a certified manager for the livestock waste handling facility
27 within 30 working days. For failure to comply with the
28 warning letter within the 30 day period, the person shall be
29 fined an administrative penalty of up to $1,000 $500 by the
30 Department and shall be required to enter into an agreement
31 to have a certified manager for the livestock waste handling
32 facility within 30 working days. For failure to comply with
33 the agreement to have a certified manager for the livestock
34 waste handling facility within the 30 day period or for
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1 failure to enter into a compliance agreement, the person
2 shall be fined up to $1,000 by the Department and shall be
3 required to enter into an agreement to have a certified
4 manager for the livestock waste handling facility within 30
5 working days. For continued failure to comply, the
6 Department may issue an operational cease and desist order
7 until compliance is attained.
8 (Source: P.A. 89-456, eff. 5-21-96.)
9 (510 ILCS 77/35)
10 Sec. 35. Setbacks for livestock management and livestock
11 handling facilities.
12 (a) Grandfather provision; facilities in existence prior
13 to July 15, 1991. Livestock management facilities and
14 livestock waste handling facilities in existence prior to
15 July 15, 1991 shall comply with setbacks in existence prior
16 to July 15, 1991, as set forth in the Illinois Environmental
17 Protection Act and rules promulgated under that Act.
18 (b) Grandfather provision; facilities in existence on
19 effective date and after July 15, 1991. Livestock management
20 facilities and livestock waste handling facilities in
21 existence on the effective date of this Act but after July
22 15, 1991 shall comply with setbacks in existence prior to the
23 effective date of this Act, as set forth in the Illinois
24 Environmental Protection Act and rules promulgated under that
25 Act.
26 (c) New livestock management or livestock waste handling
27 facilities. Any new facility shall comply with the following
28 setbacks:
29 (1) For purposes of determining setback distances,
30 minimum distances shall be measured from the nearest
31 corner of the residence or place of common assembly to
32 the nearest corner of the earthen waste lagoon or
33 livestock management facility, whichever is closer.
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1 (2) A livestock management facility or livestock
2 waste handling facility serving less than 50 animal
3 units shall be exempt from setback distances as set forth
4 in this Act but shall be subject to rules promulgated
5 under the Illinois Environmental Protection Act.
6 (3) For a livestock management facility or waste
7 handling facility serving 50 or greater but less than
8 1,000 animal units, the minimum setback shall be 1/4 mile
9 from the nearest occupied farm residence (unless the
10 residence is owned by the owner of the facility) or
11 non-farm residence and 1/2 mile from the nearest
12 populated area.
13 (4) For a livestock management facility or
14 livestock waste handling facility serving 1,000 or
15 greater but less than 7,000 animal units, the setback is
16 as follows:
17 (A) For a populated area, the minimum setback
18 shall be increased 440 feet over the minimum setback
19 of 1/2 mile for each additional 1,000 animal units
20 over 1,000 animal units.
21 (B) For any occupied residence, the minimum
22 setback shall be increased 220 feet over the minimum
23 setback of 1/4 mile for each additional 1,000 animal
24 units over 1,000 animal units.
25 (5) For a livestock management facility or
26 livestock waste handling facility serving 7,000 or
27 greater animal units, the setback is as follows:
28 (A) For a populated area, the minimum setback
29 shall be 1 mile.
30 (B) For any occupied residence, the minimum
31 setback shall be 1/2 mile.
32 (d) Requirements governing the location of a new
33 livestock management facility and new livestock
34 waste-handling facility and conditions for exemptions or
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1 compliance with the maximum feasible location as provided in
2 rules adopted pursuant to the Illinois Environmental
3 Protection Act concerning agriculture regulated pollution
4 shall apply to those facilities identified in subsections (b)
5 and (c) of this Section. With regard to the maximum feasible
6 location requirements, any reference to a setback distance in
7 the rules under the Illinois Environmental Protection Act
8 shall mean the appropriate distance as set forth in this
9 Section.
10 (e) Setback category shall be determined by the design
11 capacity in animal units of the livestock management
12 facility.
13 (f) Setbacks may be decreased when innovative designs as
14 approved by the Department are incorporated into the
15 facility.
16 (g) A setback may be decreased when waivers are obtained
17 from owners of residences that are occupied and located in
18 the setback area.
19 (Source: P.A. 89-456, eff. 5-21-96.)".