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90_HB3680
510 ILCS 77/10.24 new
510 ILCS 77/10.90 new
510 ILCS 77/11 new
510 ILCS 77/12 new
510 ILCS 77/13 new
510 ILCS 77/40
510 ILCS 77/65 new
Amends the Livestock Management Facilities Act. Defines
industrial livestock management facility and waters.
Provides prohibitions for the siting of industrial livestock
management facilities and for water degradation. Provides
water monitoring requirements and provides for enforcement of
the Act under the civil and criminal penalty provisions of
the Environmental Protection Act. Provides that the
Department of Agriculture and the Environmental Protection
Agency (now Department of Agriculture) shall annually request
funds to perform scientific environmental research pertinent
to livestock management facilities and livestock waste
handling facilities. Provides that the Department and Agency
shall make recommendations to the Governor and General
Assembly concerning environmental regulation of these
facilities.
LRB9010927PTsbA
LRB9010927PTsbA
1 AN ACT to protect drinking water supplies, rivers, lakes,
2 and streams from livestock waste from industrial livestock
3 management facilities.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Livestock Management Facilities Act is
7 amended by changing Section 40 and adding Sections 10.24,
8 10.90, 11, 12, 13, and 65 as follows:
9 (510 ILCS 77/10.24 new)
10 Sec. 10.24. Industrial livestock management facility.
11 "Industrial livestock management facility" means any
12 livestock management facility serving 500 or more animal
13 units.
14 (510 ILCS 77/10.90 new)
15 Sec. 10.90. Waters. "Waters" has the meaning provided
16 in Section 3.56 of the Environmental Protection Act.
17 (510 ILCS 77/11 new)
18 Sec. 11. Prohibitions on siting of industrial livestock
19 management facilities.
20 (a) Grandfather provision for facilities in existence
21 prior to January 1, 1998. Industrial livestock management
22 facilities in existence prior to January 1, 1998 shall comply
23 with siting provisions and prohibitions in existence prior to
24 January 1, 1998. The grandfathered facilities may be
25 expanded only by a total of more than 250 animal units if
26 they meet the requirements for siting new industrial
27 livestock management facilities.
28 (b) New industrial livestock management facilities. No
29 livestock waste shall be created, stored, or applied at any
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1 industrial livestock management facility:
2 (1) In any location where there is a significant
3 risk that the waste or any of the pollutants (including
4 nitrogen, phosphorous, and other pollutants) contained in
5 the waste may enter waters unless the facility has
6 obtained an NPDES permit from the Illinois Environmental
7 Protection Agency.
8 (2) Within the boundary of the 100 year floodplain.
9 (3) In an area of karst topography.
10 (4) In a location less than 5 feet above the
11 seasonal high water table.
12 (5) Less than one-quarter mile from any river or
13 stream draining 5 square miles or more.
14 (510 ILCS 77/12 new)
15 Sec. 12. Water monitoring requirements
16 (a) Prior to October 31, 1998, the Illinois Pollution
17 Control Board shall establish regulations for the monitoring
18 of waters that may be affected by the operation of industrial
19 livestock management facilities. These methods shall
20 prescribe the methods adequate to establish baseline water
21 quality condition in waters that may be affected by the
22 opening of an industrial livestock management facility.
23 These regulations shall prescribe methods adequate to
24 determine if there has been degradation of the chemical,
25 physical, or biological integrity of the waters subsequent to
26 the opening of the facility.
27 (b) No person shall open an industrial livestock
28 management facility after January 1, 1998 prior to conducting
29 monitoring adequate to establish the baseline water quality
30 conditions in all waters that may be affected by the facility
31 and filing the results of this monitoring with the Agency.
32 (c) All operators of industrial livestock management
33 facilities existing as of January 1, 1998 shall, no later
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1 than May 1, 1999, conduct monitoring adequate to establish
2 baseline conditions in all of the waters that may be affected
3 by the operation of the facility. The results of this
4 monitoring shall be filed with the Agency no later than
5 August 1, 1999.
6 (d) All operators of industrial livestock management
7 facilities whose facilities have opened prior to June 1, 1999
8 shall conduct monitoring adequate to determine if there has
9 been degradation of the chemical, physical, or biological
10 integrity of waters that may be affected by the operation of
11 the facility and file the results of this monitoring with the
12 Agency no later than December 31, 2000. Thereafter, every
13 operator of an industrial livestock management facility that
14 has been open at least 7 months shall conduct monitoring
15 adequate to determine if there has been degradation of the
16 chemical, physical, or biological integrity of waters that
17 may be affected by the operation of the facility and file the
18 results of this monitoring with the Agency at the end of each
19 calendar year in which the facility has operated and each
20 year for 5 years after the facility ceases operation.
21 (e) All reports required to be filed by this Section
22 with the Agency shall be made reasonably accessible to the
23 public.
24 (510 ILCS 77/13 new)
25 Sec. 13. Prohibition on degrading waters through
26 operation of an industrial livestock management facility
27 (a) No person shall cause degradation of the physical,
28 chemical, or biological integrity of any waters in the State
29 through operation of an industrial livestock management
30 facility unless the pollution causing the degradation was
31 permitted by an NPDES permit issued by the Agency in
32 compliance with Illinois' nongradation policy.
33 (b) It shall be prima facia evidence that the operator
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1 of an industrial livestock management facility has caused the
2 degradation of waters if the monitoring data required to be
3 taken by Section 12 shows that water quality conditions have
4 worsened since the establishment of baseline conditions.
5 (510 ILCS 77/40)
6 Sec. 40. Environmental research. Environmental research
7 is critical to a livestock producer's ability to implement
8 sound, integrated management systems that will enhance
9 industry profitability and protect the environment.
10 The Department of Agriculture and the Environmental
11 Protection Agency shall annually request appropriations to
12 fund environmental research projects pertinent to livestock
13 management facilities and livestock waste handling
14 facilities. Projects may include scientific research, both
15 university research, and on-farm applied research.
16 Priorities should be given to the following:
17 (1) Determination of the contribution of soil applied
18 livestock nutrient volatilization, leaching or storage in the
19 soil and methods of application.
20 (2) Integrated systems that maintain and enhance water
21 quality.
22 (3) Odor reduction and control through chemical,
23 biological, or mechanical means.
24 (4) Environmental quality in livestock facilities
25 affecting owner, operator, and employee health.
26 (5) Environmental quality that could affect residents
27 who live adjacent to livestock facilities.
28 (6) Reviewing, evaluating, and recommending State laws
29 and regulations to the Governor and General Assembly
30 addressing environmental concerns of livestock management
31 facilities and livestock waste handling facilities.
32 (Source: P.A. 89-456, eff. 5-21-96.)
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1 (510 ILCS 77/65 new)
2 Sec. 65. Enforcement
3 (a) Any person that violates this Act shall be subject
4 to the applicable civil and criminal penalties established by
5 Sections 42, 43, 44, 44.1, and 45 of the Environmental
6 Protection Act.
7 (b) In addition to any other remedy provided by law, any
8 person aggrieved by reason of a violation or threatened
9 violation of this Act may bring suit for actual damages and
10 injunctive relief in the circuit court for any county in
11 which the alleged violation took place or in which the waters
12 allegedly degraded or which may be degraded by the alleged
13 violation are located.