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90_HB1547sam001
LRB9003676WHmbam02
1 AMENDMENT TO HOUSE BILL 1547
2 AMENDMENT NO. . Amend House Bill 1547, by replacing
3 the title with the following:
4 "AN ACT concerning soil and water resources."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 2. The Soil and Water Conservation Districts
8 Act is amended by changing Section 6 as follows:
9 (70 ILCS 405/6) (from Ch. 5, par. 111)
10 Sec. 6. Powers and duties. In addition to the powers and
11 duties otherwise conferred upon the Department, it shall have
12 the following powers and duties:
13 (1) To offer such assistance as may be appropriate to
14 the directors of soil and water conservation districts,
15 organized as provided hereinafter, in the carrying out of any
16 of the powers and programs.
17 (2) To keep the directors of each of said several
18 districts informed of the activities and experience of other
19 such districts, and to facilitate an interchange of advice
20 and experience between such districts and cooperation between
21 them.
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1 (3) To coordinate the programs of the several districts
2 so far as this may be done by advice and consultation.
3 (4) To seek the cooperation and assistance of the United
4 States and of agencies of this State, in the work of such
5 districts.
6 (5) To disseminate information throughout the State
7 concerning the formation of such districts, and to assist in
8 the formation of such districts in areas where their
9 organization is desirable.
10 (6) To consider, review, and express its opinion
11 concerning any rules, regulations, ordinances or other action
12 of the board of directors of any district and to advise such
13 board of directors accordingly.
14 (7) To prepare and submit to the Director of the
15 Department an annual budget.
16 (8) To develop and coordinate a comprehensive State
17 erosion and sediment control program, including guidelines to
18 be used by districts in implementing this program. In
19 developing this program, the Department may consult with and
20 request technical assistance from local, State and federal
21 agencies, and may consult and advise with technically
22 qualified persons and with the soil and water conservation
23 districts. The guidelines developed may be revised from time
24 to time as necessary.
25 (9) To promote among its members the management of
26 marginal agricultural and other rural lands for forestry,
27 consistent with the goals and purposes of the "Illinois
28 Forestry Development Act".
29 Nothing in this Act shall authorize the Department or any
30 district to regulate or control point source discharges to
31 waters.
32 (10) To make grants subject to annual appropriation from
33 the Build Illinois Purposes Fund, the Build Illinois Bond
34 Fund or any other sources, including the federal government,
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1 to Soil and Water Conservation Districts and the Soil
2 Conservation Service.
3 (11) To provide payment for outstanding health care
4 costs of Soil and Water Conservation District employees
5 incurred between January 1, 1996 and December 31, 1996 that
6 were eligible for reimbursement from the District's insurance
7 carrier, Midcontinent Medical Benefit Trust, but have not
8 been paid to date by Midcontinent. All claims shall be filed
9 with the Department on or before January 30, 1998 to be
10 considered for payment under the provisions of this
11 amendatory Act of 1997. The Department shall approve or
12 reject claims based upon documentation and in accordance with
13 established procedures. The authority granted under this
14 item (11) expires on September 1, 1998.
15 Nothing in this Act shall authorize the Department in any
16 district to regulate or curtail point source discharges to
17 waters.
18 (Source: P.A. 84-111.)
19 Section 5. The Illinois Dead Animal Disposal Act is
20 amended by changing Section 17 as follows:
21 (225 ILCS 610/17) (from Ch. 8, par. 165)
22 Sec. 17. (a) No person caring for, acting as an agent
23 for the owner of or owning any animal, poultry or fish which
24 has died shall allow the body or parts of the body to lie
25 about the premises. Such body or parts of the body shall be
26 disposed of within 24 hours after death as prescribed by
27 regulations of the Department. The Department may prohibit
28 the hauling or transportation of the body of any animal,
29 poultry or fish which has died of a highly contagious,
30 infectious or communicable disease and may specify the method
31 of disposal.
32 (b) The owner, operator, caretaker or animal collection
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1 service may dispose of bodies of dead animals, poultry or
2 fish by composting on the site where the death of the animals
3 occurred, or by transporting the bodies to a licensed
4 landfill for disposal. Parts of bodies may be transported to
5 the licensed landfill only in the case of on-site slaughter
6 or on-site necropsy performed to determine the cause of death
7 of the animal. Transporting the bodies or those parts of
8 bodies shall be by conveyance that is owned or operated by
9 the owner, operator, caretaker or animal collection service.
10 (c) When the destruction or disposal of a body or parts
11 of a body of an animal, poultry or fish, is by burying,
12 burning or composting, it shall be done in a manner as
13 required by regulations of the Department and in compliance
14 with the requirements of the Environmental Protection Act.
15 (d) Any site where the bodies of dead animals or poultry
16 are to be composted shall comply with the following setbacks:
17 (1) The composting site shall include a setback of
18 at least 200 feet from the nearest potable water supply
19 well, except in accordance with subsection (b) of Section
20 14.2 of the Environmental Protection Act.
21 (2) The composting site shall be located outside
22 the boundary of the 10-year floodplain or the site shall
23 be protected from flooding.
24 (3) A composting site constructed after the
25 effective date of this amendatory Act of 1997 so as to
26 constitute a "new facility" after that date as defined in
27 the Livestock Management Facilities Act shall be located
28 at least 1/4 mile from the nearest occupied residence
29 (other than a residence located on the same property as
30 the facility).
31 (Source: P.A. 88-133.)
32 Section 10. The Livestock Management Facilities Act is
33 amended by changing Sections 15, 17, 20, 25, 30, and 55 and
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1 adding Section 16 as follows:
2 (510 ILCS 77/15)
3 Sec. 15. Livestock waste lagoon.
4 (a) Standards for livestock waste lagoon construction.
5 Any earthen livestock waste lagoon subject to registration
6 shall be constructed or modified in accordance with "Design
7 of Anaerobic Lagoons for Animal Waste Management" promulgated
8 by the American Society of Agricultural Engineers and
9 designated (ASAE EP403.1) or the national guidelines as
10 published by the United States Department of Agriculture
11 Natural Resource Conservation Service in Illinois and titled
12 Waste Treatment Lagoon. The owner or operator of the earthen
13 livestock lagoon may, with approval from the Department,
14 modify or exceed these standards in order to meet site
15 specific objectives. Notwithstanding any other requirement
16 of this subsection, every earthen livestock waste lagoon
17 shall include the construction of a secondary berm, filter
18 strip, grass waterway, or terrace, or any combination of
19 those, outside the perimeter of the primary berm if an
20 engineer licensed under the Professional Engineering Practice
21 Act of 1989 and retained by the registrant determines, with
22 the concurrence of the Department, that construction of such
23 a secondary berm or other feature or features is necessary in
24 order to ensure against a release of livestock waste from the
25 lagoon (i) that encroaches or is reasonably expected to
26 encroach upon land other than the land occupied by the
27 livestock waste handling facility of which the lagoon is a
28 part or (ii) that enters or is reasonably expected to enter
29 the waters of this State. The Department shall determine
30 compliance with these requirements. The Department may
31 require changes in design or additional requirements to
32 protect groundwater, such as extra liner depth or synthetic
33 liners, when it appears groundwater could be impacted.
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1 (b) Registration and certification. Any earthen
2 livestock waste lagoon newly constructed or modified (does
3 not include repairs) after the effective date of rules
4 adopted for the implementation of this Act shall be
5 registered by the owner or operator with the Department on a
6 form provided by the Department. Lagoons constructed prior
7 to the effective date of rules adopted for the implementation
8 of this Act may register with the Department at no charge.
9 In order to give the Department notice of the owner's or
10 operator's intent to construct or modify an earthen livestock
11 waste lagoon, the owner or operator shall register such
12 lagoon with the Department during the preconstruction phase.
13 Construction shall not begin until 30 days after submittal of
14 a registration form by certified mail to the Department.
15 When an informational meeting is requested by the county,
16 construction shall not begin until after the informational
17 meeting has been held.
18 Livestock waste lagoon registration forms shall be made
19 available to producers at offices of the Department of
20 Agriculture, Cooperative Extension Service, and Soil and
21 Water Conservation Districts.
22 Registration information shall include the following:
23 (1) Name(s) and address(es) of the owner and
24 operator who are responsible for the livestock waste
25 lagoon.
26 (2) General location of lagoon.
27 (3) Design construction plans and specifications.
28 (4) Specific location information:
29 (A) Distance to a private or public potable
30 well;
31 (B) Distance to closest occupied private
32 residence (other than any occupied by owner or
33 operator);
34 (C) Distance to nearest stream; and
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1 (D) Distance to nearest populated area.
2 (5) Anticipated beginning and ending dates of
3 construction.
4 (6) Type of livestock and number of animal units.
5 The Department of Agriculture upon receipt of a livestock
6 waste lagoon registration form shall review the form to
7 determine that all required information has been provided.
8 The person filing the registration shall be notified within
9 15 working days that the registration is complete or that
10 clarification of information is needed. No later than 10
11 working days after receipt of the clarification information,
12 the Department shall notify the owner or operator that the
13 registration is complete.
14 The Department shall inspect an earthen livestock waste
15 lagoon during at least one of the following phases:
16 preconstruction, construction, and post-construction. The
17 Department shall require modifications when necessary to
18 bring construction in compliance with the standards as set
19 forth in subsection (a) of Section 15. The person making
20 the inspection shall discuss with the owner, or operator, or
21 certified livestock manager an evaluation of the livestock
22 waste lagoon construction and shall (i) provide on-site
23 written recommendations to the owner, or operator, or
24 certified livestock manager of what modifications are
25 necessary or (ii) inform the owner, operator, or certified
26 livestock manager that the lagoon meets the standards set
27 forth in subsection (a) of Section 15. On the day of the
28 inspection, the person making the inspection shall give the
29 owner, operator, or certified livestock manager a written
30 report of his or her findings based on the inspection,
31 together with an explanation of any remedial measures
32 necessary to enable the lagoon to meet the standards set
33 forth in subsection (a).
34 The person making any inspection shall comply with
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1 reasonable animal health protection procedures as requested
2 by the owner, or operator, or certified livestock manager.
3 Upon completion of the construction or modification, but
4 prior to placing the lagoon in service, the owner or operator
5 of the livestock waste lagoon shall certify on a form
6 provided by the Department that the lagoon has been
7 constructed or modified in accordance with the standards set
8 forth in subsection (a) of Section 15 and that the
9 information provided on the registration form is correct.
10 (1) The certification notice to the Department
11 shall include a certification statement and signature.
12 (2) The certification shall state: "I hereby
13 certify that the information provided on this form is
14 correct and that the lagoon has been constructed in
15 accordance with the standards as required by the
16 Livestock Management Facilities Act."
17 The owner or operator of the lagoon may proceed to place
18 the lagoon in service no earlier than 10 working days after
19 submitting to the Department a certification of compliance
20 statement.
21 (b-5) Public informational meeting. Within 7 days after
22 receiving a registration form giving notice of an intent to
23 construct or modify an earthen livestock waste lagoon after
24 the effective date of this amendatory Act of 1997, the
25 Department shall send a copy of the registration form to the
26 county board of the county in which the lagoon is or is to
27 be located. After receiving a copy of a lagoon registration
28 form from the Department under this subsection, within 30
29 days the county board may at its discretion request that the
30 Department conduct a public informational meeting within 15
31 days of the request concerning the proposed construction or
32 modification of the lagoon. If the Department conducts such
33 a meeting, then at least 10 days before the meeting, the
34 Department shall cause notice of the meeting to be published
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1 in a newspaper of general circulation in the county or the
2 State newspaper. The owner or operator who submitted the
3 registration form to the Department shall appear at the
4 meeting. At the meeting, the Department shall afford members
5 of the public an opportunity to ask questions and present
6 oral or written testimony concerning the proposed
7 construction or modification of the lagoon.
8 (c) Complaint procedure. Any person having a complaint
9 concerning an earthen livestock waste lagoon may file a
10 complaint with the Agency. If the Agency finds that
11 groundwater has been negatively impacted because of
12 structural problems with the earthen lagoon, the Agency shall
13 notify the Department that modification of the lagoon is
14 necessary. The livestock owner or operator or the Department
15 may request guidance from the United States Department of
16 Agriculture Natural Resource Conservation Service or the
17 University of Illinois Cooperative Extension Service.
18 The person making any inspection shall comply with animal
19 health protection procedures as requested by the owner or
20 operator.
21 Any earthen livestock waste lagoon in service prior to
22 the effective date of the rules for implementation of this
23 Act is not subject to registration but is only subject to the
24 complaint procedure. However, any such livestock waste
25 lagoon found impacting groundwater shall be required to be
26 repaired, modified, or have procedures instituted so
27 groundwater is not negatively impacted.
28 If an investigation reveals groundwater has been
29 negatively impacted, the Department and Agency shall
30 cooperate with the owner or operator of the affected
31 livestock waste lagoon to provide a reasonable solution to
32 protect the groundwater.
33 Nothing in this Section shall limit the Agency's
34 authority under the Environmental Protection Act to
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1 investigate and respond to violations of the Environmental
2 Protection Act or rules adopted under that Act.
3 (d) Livestock waste lagoon registration fee. The
4 livestock waste lagoon registration fee is $50.
5 (d-5) Reporting release of waste. An owner or operator
6 of a lagoon shall report to the Agency any release of
7 livestock waste from a lagoon within 24 hours after the
8 discovery of the release. The procedure for reporting
9 releases shall be adopted by the Agency by rule.
10 For a first violation of this subsection (d-5) by the
11 owner or operator of a livestock management facility or
12 livestock waste handling facility, the Department shall send
13 the owner or operator a written notice of the violation by
14 certified mail, return receipt requested.
15 If after an administrative hearing the Department finds
16 that the owner or operator of a livestock management facility
17 or livestock waste handling facility has committed a second
18 violation of this subsection (d-5), the Department shall
19 impose on the owner or operator a civil administrative
20 penalty in an amount not exceeding $1,000. The Attorney
21 General may bring an action in the circuit court to enforce
22 the collection of a penalty imposed under this subsection
23 (d-5).
24 If after an administrative hearing the Department finds
25 that the owner or operator of a livestock management facility
26 or livestock waste handling facility has committed a third
27 violation of this subsection (d-5), the Department shall
28 enter an administrative order directing that the owner or
29 operator cease operation of the facility until the violation
30 is corrected.
31 If a livestock management facility or livestock waste
32 handling facility has not committed a violation of this
33 subsection (d-5) within the 5 years immediately preceding a
34 violation, the violation shall be construed and treated as a
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1 first violation.
2 (e) Closure of livestock waste lagoons. When any earthen
3 livestock waste lagoon is removed from service, it shall be
4 completely emptied. Appropriate closure procedures shall be
5 followed as determined by rule. The remaining hole must be
6 filled. The closure requirements shall be completed within
7 two years from the date of cessation of operation unless the
8 lagoon is maintained or serviced. The Department may grant a
9 waiver to the before-stated closure requirements that will
10 permit the lagoon to be used for an alternative purpose.
11 Upon a change in ownership of a registered earthen
12 livestock waste lagoon, the owner shall notify the Department
13 of the change within 30 working days of the closing of the
14 transaction.
15 (f) Administrative authority. All actions of the
16 Department of Agriculture are subject to the Illinois
17 Administrative Procedure Act.
18 Any earthen livestock waste lagoon subject to
19 registration shall not begin operation until the owner or
20 operator of the lagoon has met the requirements of this Act.
21 The owner or operator of any earthen livestock waste
22 lagoon subject to registration that has not been registered
23 or constructed in accordance with standards set forth in
24 subsection (a) of Section 15 shall, upon being identified as
25 such by the Department, be given written notice by the
26 Department to register and certify the lagoon within 10
27 working days of receipt of the notice. The Department may
28 inspect such lagoon and require compliance in accordance with
29 subsections (a) and (b) of this Section. If the owner or
30 operator of the livestock waste lagoon that is subject to
31 registration fails to comply with the notice, the Department
32 may issue a cease and desist order until such time as
33 compliance is obtained with the requirements of this Act.
34 Failure to construct the lagoon in accordance with the
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1 construction plan and Department recommendations is a
2 business offense punishable by a fine of not more than
3 $5,000.
4 (Source: P.A. 89-456, eff. 5-21-96.)
5 (510 ILCS 77/16 new)
6 Sec. 16. Inspection of earthen livestock waste lagoons
7 by Department. At least once each year on a random basis,
8 the Department shall inspect every earthen livestock waste
9 lagoon that services 1,000 or more animal units and is
10 required to be registered under this Act. The owner or
11 operator of the lagoon or a certified livestock manager must
12 be present during the inspection. If the owner, operator,
13 or certified livestock manager is not present at the
14 scheduled date, time, and place of the inspection, the
15 inspection shall proceed in his or her absence. The person
16 making the inspection shall conduct a visual inspection to
17 determine only whether any of the following are present:
18 burrow holes, trees or woody vegetation, proper freeboard,
19 erosion, settling of the berm, bermtop maintenance, leaks,
20 and seepage. The person making the inspection shall discuss
21 with the owner, operator, or certified livestock manager an
22 evaluation of the livestock waste lagoon's current condition
23 and shall (i) provide on-site written recommendations to the
24 owner, operator, or certified livestock manager of what
25 corrective actions are necessary or (ii) inform the owner,
26 operator, or certified livestock manager that the lagoon
27 meets the standards set forth in this subsection.
28 The person making any inspection shall comply with
29 reasonable animal health protection procedures as requested
30 by the owner, operator, or certified livestock manager.
31 The Department shall send official written notice of any
32 deficiencies to the owner or operator of the lagoon by
33 certified mail, return receipt requested. The owner or
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1 operator and the Department shall enter into an agreement of
2 compliance setting forth the specific action and timetable to
3 correct the deficiencies. The person making the
4 reinspection shall notify the Department of the results of
5 the reinspection, and the Department shall take the
6 appropriate action under this Section. If the Department's
7 inspector finds a release or evidence of a release, the
8 Department shall immediately report such information to the
9 Agency.
10 For a first violation of this Section by the owner or
11 operator of a livestock management facility or livestock
12 waste handling facility, the Department shall send the owner
13 or operator a written notice of the violation by certified
14 mail, return receipt requested.
15 If after an administrative hearing the Department finds
16 that the owner or operator of a livestock management facility
17 or livestock waste handling facility has committed a second
18 violation of this Section, the Department shall impose on the
19 owner or operator a civil administrative penalty in an amount
20 not exceeding $1,000. The Attorney General may bring an
21 action in the circuit court to enforce the collection of a
22 penalty imposed under this Section.
23 If after an administrative hearing the Department finds
24 that the owner or operator of a livestock management facility
25 or livestock waste handling facility has committed a third
26 violation of this Section, the Department shall enter an
27 administrative order directing that the owner or operator
28 cease operation of the facility until the violation is
29 corrected.
30 If a livestock management facility or livestock waste
31 handling facility has not committed a violation of this
32 Section within the 5 years immediately preceding a violation,
33 the violation shall be construed and treated as a first
34 violation.
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1 (510 ILCS 77/17)
2 Sec. 17. Financial responsibility. Owners of new or
3 modified lagoons registered under the provisions of this Act
4 shall establish and maintain evidence of financial
5 responsibility to provide for the closure of the lagoons and
6 the proper disposal of their contents within the time
7 provisions outlined in this Act. Financial responsibility
8 may be evidenced by any combination of the following:
9 (1) Commercial or private insurance;
10 (2) Guarantee;
11 (3) Surety bond;
12 (4) Letter of credit;
13 (5) Certificate of Deposit or designated savings
14 account;.
15 (6) Participation in a livestock waste lagoon closure
16 fund managed by the Illinois Farm Development Authority.
17 The level of surety required shall be determined by rule
18 and be based upon the volumetric capacity of the lagoon. By
19 January 1, 1997, The Department shall conduct a study of the
20 availability and cost of commercial surety instruments and
21 report its findings to the General Assembly for its
22 consideration and review. Surety instruments required under
23 this Section shall be required after the effective date of
24 rules adopted for the implementation of this Act.
25 (Source: P.A. 89-456, eff. 5-21-96.)
26 (510 ILCS 77/20)
27 Sec. 20. Handling, storing and disposing of livestock
28 waste.
29 (a) The livestock management facility owner or operator
30 shall comply with the requirements for handling, storing, and
31 disposing of livestock wastes as set forth in the rules
32 adopted pursuant to the Illinois Environmental Protection Act
33 concerning agriculture related pollution.
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1 (b) The livestock management facility owner or operator
2 at a facility of less than 1,000 animal units shall not be
3 required to prepare and maintain a waste management plan.
4 (c) The livestock management facility owner or operator
5 at a facility of 1,000 or greater animal units but less than
6 7,000 animal units shall prepare and maintain on file at the
7 livestock management facility a general waste management
8 plan. Notwithstanding this requirement, a livestock
9 management facility subject to this subsection may be
10 operated on an interim basis but not to exceed 6 months after
11 the effective date of the rules promulgated pursuant to this
12 Act to allow for the owner or operator of the facility to
13 develop a waste management plan. The waste management plan
14 shall be available for inspection during normal business
15 hours by Department personnel.
16 (d) The livestock management facility owner or operator
17 at a facility of 7,000 or greater animal units shall prepare,
18 maintain, and submit to the Department the waste management
19 plan for approval. Approval of the waste management plan
20 shall be predicated on compliance with provisions of
21 subsection (f). The waste management plan shall be approved
22 by the Department before operation of the facility or in the
23 case of an existing facility, the waste management plan shall
24 be submitted within 60 working days after the effective date
25 of the rules promulgated pursuant to this Act.
26 The owner or operator of an existing livestock management
27 facility that through growth meets or exceeds 7,000 animal
28 units shall file its waste management plan with the
29 Department within 60 working days after reaching the stated
30 animal units.
31 The owner or operator of a livestock management facility
32 that is subject to this subsection (d) shall file within 60
33 working days with the Department a revised waste management
34 plan when there is a significant change in items (1), (2), or
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1 (10) of subsection (f) that will materially affect compliance
2 with the waste management plan.
3 (e) The waste management plan and records of livestock
4 waste disposal shall be kept on file for three years.
5 (f) The application of livestock waste to the land is an
6 acceptable, recommended, and established practice in
7 Illinois. However, when livestock waste is not applied in a
8 responsible manner, it may create pollutional problems. It
9 should be recognized that, in most cases, if the agronomic
10 nitrogen rate is met, the phosphorus applied will exceed the
11 crop requirements, but not all of the phosphorus may be
12 available for use by the crop. It will be considered
13 acceptable, therefore, to prepare and implement a waste
14 management plan based on the nitrogen rate. The waste
15 management plan shall include the following:
16 (1) An estimate of the volume of waste to be
17 disposed of annually.
18 (2) The number of acres available for disposal of
19 the waste.
20 (3) An estimate of the nutrient value of the waste.
21 (4) An indication that the livestock waste will be
22 applied at rates not to exceed the agronomic nitrogen
23 demand of the crops to be grown when averaged over a
24 5-year period.
25 (5) A provision that livestock waste applied within
26 1/4 mile of any residence not part of the facility shall
27 be injected or incorporated on the day of application.
28 However, livestock management facilities and livestock
29 waste handling facilities that have irrigation systems in
30 operation prior to the effective date of this Act or
31 existing facilities applying waste on frozen ground are
32 not subject to the provisions of this item (5).
33 (6) A provision that livestock waste may not be
34 applied within 200 feet of surface water unless the water
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1 is upgrade or there is adequate diking, and waste will
2 not be applied within 150 feet of potable water supply
3 wells.
4 (7) A provision that livestock waste may not be
5 applied in a 10-year flood plain unless the injection or
6 incorporation method of application is used.
7 (8) A provision that livestock waste may not be
8 applied in waterways.
9 (9) A provision that if waste is spread on frozen
10 or snow-covered land, the application will be limited to
11 land areas on which:
12 (A) land slopes are 5% or less, or
13 (B) adequate erosion control practices exist.
14 (10) Methods for disposal of animal waste.
15 (g) Any person who is required to prepare and maintain a
16 waste management plan and who fails to do so shall be issued
17 a warning letter by the Department for the first violation
18 and shall be given 30 working days to prepare a waste
19 management plan. For failure to prepare and maintain a waste
20 management plan, the person shall be fined an administrative
21 penalty of up to $1,000 $500 by the Department and shall be
22 required to enter into an agreement of compliance to prepare
23 and maintain a waste management plan within 30 working days.
24 For failure to prepare and maintain a waste management plan
25 after the second 30 day period or for failure to enter into a
26 compliance agreement, the Department may issue an operational
27 cease and desist order until compliance is attained.
28 (Source: P.A. 89-456, eff. 5-21-96.)
29 (510 ILCS 77/25)
30 Sec. 25. Odor control.
31 (a) Operators of livestock waste handling facilities
32 shall practice odor control methods during the course of
33 manure removal and field application. Odor control methods
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1 shall be those methods identified in the rules adopted
2 pursuant to the Illinois Environmental Protection Act
3 concerning agriculture related pollution.
4 (b) Every single-stage livestock waste lagoon constructed
5 after the effective date of this amendatory Act of 1997 shall
6 comply with the following operational guidelines:
7 (1) In operation, the lagoon must be maintained at
8 not less than the minimum design volume.
9 (2) The livestock waste supply to the lagoon must be
10 below the minimum design volume level.
11 (3) The livestock waste storage capacity of the
12 lagoon must be greater than 270 days.
13 (c) Above-ground livestock waste holding structures must
14 be operated using odor control management guidelines based on
15 scientific peer review accepted by the Department and
16 determined to be economically feasible to the specific
17 operation.
18 (d) For a first violation of this Section by the owner
19 or operator of a livestock management facility or livestock
20 waste handling facility, the Department shall send the owner
21 or operator a written notice of the violation by certified
22 mail, return receipt requested.
23 If after an administrative hearing the Department finds
24 that the owner or operator of a livestock management facility
25 or livestock waste handling facility has committed a second
26 violation of this Section, the Department shall impose on the
27 owner or operator a civil administrative penalty in an amount
28 not exceeding $1,000. The Attorney General may bring an
29 action in the circuit court to enforce the collection of a
30 penalty imposed under this Section.
31 If after an administrative hearing the Department finds
32 that the owner or operator of a livestock management facility
33 or livestock waste handling facility has committed a third
34 violation of this Section, the Department shall enter an
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1 administrative order directing that the owner or operator
2 cease operation of the facility until the violation is
3 corrected.
4 If a livestock management facility or livestock waste
5 handling facility has not committed a violation of this
6 Section within the 5 years immediately preceding a violation,
7 the violation shall be construed and treated as a first
8 violation.
9 (Source: P.A. 89-456, eff. 5-21-96.)
10 (510 ILCS 77/30)
11 Sec. 30. Certified Livestock Manager. The Department
12 shall establish a Certified Livestock Manager program in
13 conjunction with the livestock industry that will enhance
14 management skills in critical areas, such as environmental
15 awareness, safety concerns, odor control techniques and
16 technology, neighbor awareness, current best management
17 practices, and the developing and implementing of manure
18 management plans.
19 (a) Applicability. A livestock waste handling facility
20 serving 300 or greater animal units shall be operated only
21 under the supervision of a certified livestock manager. Not
22 withstanding the before-stated provision, a livestock waste
23 handling facility may be operated on an interim basis, but
24 not to exceed 6 months, to allow for the owner or operator of
25 the facility to become certified.
26 (b) A certification program shall include the following:
27 (1) A general working knowledge of best management
28 practices.
29 (2) A general working knowledge of livestock waste
30 handling practices and procedures.
31 (3) A general working knowledge of livestock
32 management operations and related safety issues.
33 (4) An awareness and understanding of the
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1 responsibility of the owner or operator for all employees
2 who may be involved with waste handling.
3 (c) Any certification issued shall be valid for 3 years
4 and thereafter be subject to renewal. A renewal shall be
5 valid for a 3 year period and the procedures set forth in
6 this Section shall be followed. The Department may require
7 anyone who is certified to be recertified in less than 3
8 years for just cause including but not limited to repeated
9 complaints where investigations reveal the need to improve
10 management practices.
11 (d) Methods for obtaining certified livestock manager
12 status.
13 (1) The owner or operator of a livestock waste
14 handling facility serving 300 or greater animal units but
15 less than 1,000 animal units shall become a certified
16 livestock manager by:
17 (A) attending a training session conducted by
18 the Department of Agriculture, Cooperative Extension
19 Service, or any agriculture association, which has
20 been approved by or is in cooperation with the
21 Department; or
22 (B) in lieu of attendance at a training
23 session, successfully completing a written
24 competency examination.
25 (2) The owner or operator of a livestock waste
26 handling facility serving 1,000 or greater animal units
27 shall become a certified livestock manager by attending a
28 training session conducted by the Department of
29 Agriculture, Cooperative Extension Service, or any
30 agriculture association, which has been approved by or is
31 in cooperation with the Department and successfully
32 completing a written competency examination.
33 (e) The certified livestock manager certificate shall be
34 issued by the Department and shall indicate that the person
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1 named on the certificate is certified as a livestock
2 management facility manager, the dates of certification, and
3 when renewal is due.
4 (f) The Department shall charge $10 for the issuance or
5 renewal of a certified livestock manager certificate. The
6 Department may, by rule, establish fees to cover the costs of
7 materials and training for training sessions given by the
8 Department.
9 (g) The owner or operator of a livestock waste handling
10 facility operating in violation of the provisions of
11 subsection (a) of this Section shall be issued a warning
12 letter for the first violation and shall be required to have
13 a certified manager for the livestock waste handling facility
14 within 30 working days. For failure to comply with the
15 warning letter within the 30 day period, the person shall be
16 fined an administrative penalty of up to $1,000 $500 by the
17 Department and shall be required to enter into an agreement
18 to have a certified manager for the livestock waste handling
19 facility within 30 working days. For failure to comply with
20 the agreement to have a certified manager for the livestock
21 waste handling facility within the 30 day period or for
22 failure to enter into a compliance agreement, the person
23 shall be fined up to $1,000 by the Department and shall be
24 required to enter into an agreement to have a certified
25 manager for the livestock waste handling facility within 30
26 working days. For continued failure to comply, the
27 Department may issue an operational cease and desist order
28 until compliance is attained.
29 (Source: P.A. 89-456, eff. 5-21-96.)
30 (510 ILCS 77/55)
31 Sec. 55. Rules; Livestock Management Facilities Advisory
32 Committee.
33 (a) There is hereby established a Livestock Management
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1 Facilities Advisory Committee, which shall include the
2 Directors of the Department of Agriculture, the Environmental
3 Protection Agency, the Department of Natural Resources, and
4 the Department of Public Health, or their designees. The
5 Director of Agriculture or his or her designee shall serve as
6 the Chair of the Advisory Committee. Members of the Advisory
7 Committee may organize themselves as they deem necessary and
8 shall serve without compensation.
9 (b) The Advisory Committee shall review, evaluate, and
10 make recommendations to the Department of Agriculture for
11 rules necessary for the implementation of this Act. Based
12 upon the recommendations of the Advisory Committee, the
13 Department of Agriculture shall, within 6 months after the
14 effective date of this Act, propose rules to the Pollution
15 Control Board for the implementation of this Act.
16 (c) Within 6 months after the Department of Agriculture
17 proposing rules to the Pollution Control Board, the Board
18 shall hold hearings on and adopt rules for the implementation
19 of this Act in the manner provided for in Sections 27 and 28
20 of the Environmental Protection Act. Rules adopted pursuant
21 to this Section shall take into account all available
22 pollution control technologies, shall be technologically
23 feasible and economically reasonable, and may make
24 distinctions for the type and size of livestock management
25 and livestock management handling facilities and operations.
26 (d) The Advisory Committee shall meet once every 6
27 months after the effective date of this amendatory Act of
28 1997 to review, evaluate, and make recommendations to the
29 Department of Agriculture concerning the Department's random
30 inspection of livestock waste lagoons under Section 16 of
31 this Act.
32 (Source: P.A. 89-456, eff. 5-21-96.)
33 Section 99. Effective date. This Section and Section 2
34 take effect upon becoming law.".