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90_HB3894
SEE INDEX
Amends the Livestock Management Facilities Act. Provides
that the owner or operator of a proposed non-lagoon livestock
waste handling facility with a design capacity of 1,000 or
more animal units shall register with the Department before
beginning construction on the facility. Provides that the
county board may request an informational meeting concerning
the proposed construction of a facility. Provides that the
Department shall receive certain evidence at the
informational meeting. Provides construction standards for
certain livestock waste handling facilities. Provides that
the Department shall inspect the construction site of a
livestock waste handling facility. Prohibits the construction
of a non-lagoon livestock waste handling facility or an
earthen livestock waste lagoon in certain areas. Deletes
provisions concerning the reporting of the release of
livestock waste in certain situations. Provides that the
Department may request modification of a facility. Provides
that additional livestock management facilities shall be
required to comply with certain provisions concerning the
handling, storing, and disposing of livestock waste.
Provides additional requirements for multiple livestock
management facilities under common ownership. Provides that
livestock waste management facilities and livestock waste
handling facilities shall be subject to penalties and
liability for violations of the Environmental Protection Act.
Increases the livestock waste lagoon registration fee from
$50 to $250. Effective immediately.
LRB9013014LDpkH
LRB9013014LDpkH
1 AN ACT to amend the Livestock Management Facilities Act
2 by changing Sections 15, 20, 35, and 100 and adding Sections
3 10.24, 10.26, 11, 12, 13, 14, and 18.
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 Sections 15, 20, 35, and 100 and by
8 adding Sections 10.24, 10.26, 11, 12, 13, 14, and 18 as
9 follows:
10 (510 ILCS 77/10.24 new)
11 Sec. 10.24. Karst area. "Karst area" means an area with
12 a land surface containing sinkholes, large springs, disrupted
13 land drainage, and underground drainage systems associated
14 with karstified carbonate bedrock and caves or a land surface
15 without these features but containing a karstified carbonate
16 bedrock unit generally overlain by less than 60 feet of
17 unconsolidated materials.
18 (510 ILCS 77/10.26 new)
19 Sec. 10.26. Karstified carbonate bedrock. "Karstified
20 carbonate bedrock" means a carbonate bedrock unit (limestone
21 or dolomite) that has a pronounced conduit or secondary
22 porosity due to dissolution of the rock along joints,
23 fractures, or bedding plains.
24 (510 ILCS 77/11 new)
25 Sec. 11. Non-lagoon livestock waste handling facility
26 registration.
27 (a) The owner or operator of any non-lagoon livestock
28 waste handling facility with a design capacity of 1,000 or
29 greater animal units newly constructed after the effective
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1 date of this amendatory Act of 1998 shall send by certified
2 mail or deliver in person to the Department a completed
3 non-lagoon livestock waste handling facility registration
4 form. This form shall include the following:
5 (1) the names and addresses of the owners and
6 operators of the livestock waste handling facility;
7 (2) a general description of the livestock waste
8 handling structure (including, but not limited to, a pit
9 located under animal housing structure, slurry store, or
10 solid waste holding structure) and the type and number of
11 animal units of livestock it serves;
12 (3) a construction plan of the livestock waste
13 handing structure with design specifications of the
14 structure noted as prepared by or for the owner or
15 operator; and
16 (4) the anticipated beginning and ending dates of
17 construction.
18 (b) Upon receipt of the registration form, the
19 Department shall review the form to determine that all
20 required information has been provided. The Department
21 shall, within 15 business days, notify the person submitting
22 the notice that the notification is complete or that
23 clarification information is needed. Except for facilities
24 that are subject to public informational meetings pursuant to
25 Section 12 of this Act, construction may begin no sooner than
26 15 business days after submission of the registration form or
27 submission of the clarification information and receipt by
28 the owner or operator of the Department's notice that the
29 requirements of this Section have been met.
30 (c) Any person who willfully fails to file a non-lagoon
31 livestock waste handling facility registration form or a
32 notice of intent to construct form with the Department prior
33 to commencing construction of any livestock management or
34 waste handling facility, upon being discovered by the
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1 Department, shall be notified and given a 10 business day
2 period to file the appropriate forms. Any person failing to
3 file those forms within 10 business days shall be afforded
4 the opportunity to participate in an administrative hearing
5 as set forth in the Illinois Administrative Procedure Act.
6 The administrative hearing officer, upon determination of a
7 failure to file the appropriate form within 10 business days
8 after notice from the Department, may assess a monetary
9 penalty of no more than $500 and shall order that person to
10 file the appropriate form. If, after receiving the hearing
11 officer's order to file, a person fails to file the
12 appropriate form with the Department, the Department shall
13 file a request for injunction to prohibit the operation of
14 the facility until the person is in compliance with this Act.
15 (510 ILCS 770/12 new)
16 Sec. 12. Public informational meeting.
17 (a) Beginning on the effective date of this amendatory
18 Act of 1998, within 7 days after receiving a form giving
19 notice of intent to construct a new livestock management
20 facility or livestock waste handling facility serving 1,000
21 or greater animal units, the Department shall send a copy of
22 the notice form to the county board of the county in which
23 the facility is or will be located. After receiving a copy
24 of the notice from the Department, the county board may, at
25 its discretion and within 30 days after receipt of the
26 notice, request that the Department conduct an informational
27 meeting concerning the proposed construction. During the
28 county's 30-day review period, county residents may petition
29 the county board of the county where the proposed new
30 facility will be located to request that the Department
31 conduct an informational meeting. When petitioned by 75 or
32 more of the county's residents who are registered voters,
33 the county board shall request that the Department conduct an
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1 informational meeting. If the county board requests that the
2 Department conduct the informational meeting, the Department
3 shall conduct the informational meeting within 15 days of the
4 county board's request. If the Department conducts such a
5 meeting, it shall cause notice of the meeting to be published
6 in a newspaper of general circulation in the county or in the
7 State newspaper at least 10 days before the meeting. The
8 owner or operator who submitted the notice of intent to
9 construct to the Department shall appear at the meeting. At
10 the meeting, the Department shall afford members of the
11 public an opportunity to ask questions and present oral or
12 written comments concerning the proposed construction. The
13 county board shall submit at the informational meeting or
14 within 30 days following the meeting an advisory, non-binding
15 recommendation to the Department about the proposed new
16 facility's construction in accordance with the applicable
17 requirements of this Act.
18 (b) When the county board requests an informational
19 meeting, construction shall not begin until after the
20 informational meeting has been held, the Department has
21 reviewed the county board's recommendation and replied to the
22 recommendation indicating if the proposed new livestock
23 management facility or new livestock waste handling facility
24 is or will be in compliance with the requirements of the Act,
25 and the owner, operator, or certified manager and operator
26 has received the Department's notice that the setbacks and
27 all applicable requirements of this Act have been met.
28 (c) At the informational meeting the Department of
29 Agriculture shall receive evidence by testimony or otherwise
30 on the following subjects:
31 (1) Whether registration and livestock waste
32 management plan certification requirements, if required,
33 are met by the notice of intent to construct.
34 (2) Whether the design, location, or proposed
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1 operation will protect the environment by being
2 consistent with this Act.
3 (3) Whether the location minimizes any
4 incompatibility with the surrounding area's character by
5 being located in an area zoned for agriculture where the
6 county has zoning or where the county is not zoned, the
7 setback requirements established by this Act are complied
8 with.
9 (4) If the facility is located within a 100-year
10 floodplain or an otherwise environmentally sensitive area
11 (defined as an area of karst topography or with aquifer
12 material within 5 feet of the bottom of the livestock
13 waste handling facility), whether construction standards
14 set forth in the notice of intent to construct are
15 consistent with the goal of protecting the safety of the
16 area.
17 (5) Whether the owner or operator has submitted an
18 operations plan that minimizes the likelihood of any
19 environmental damage to the surrounding area from spills,
20 runoff, and leaching.
21 (6) Whether odor control plans are reasonable and
22 incorporate reasonable or innovative odor reduction
23 technologies given the current state of such
24 technologies.
25 (7) Whether traffic patterns minimize the effect on
26 existing traffic flows.
27 (8) Whether construction or modification of a new
28 facility is consistent with existing community growth,
29 tourism, recreation, or economic development or with
30 specific projects involving community growth, tourism,
31 recreation, or economic development that have been
32 identified by government action for development or
33 operation within one year through compliance with
34 applicable zoning and setback requirements for populated
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1 areas as established by this Act.
2 (d) If, after the informational meeting and the
3 provision of reasonable time for a response from the
4 applicant or the county board, the Department finds that,
5 more likely than not, the standards set forth in subsection
6 (c) have been met by the applicant, within 15 days of the
7 later filing of the response of the applicant or county board
8 the Department shall notify the applicant that setbacks and
9 all applicable requirements of the Act have been met and
10 construction may proceed. The Department shall file a copy
11 of such notice with the county.
12 (e) If a livestock waste lagoon is to be constructed as
13 a component of the livestock management facility under
14 subsection (a) of this Section, a public informational
15 meeting held pursuant to subsection (a) of this Section shall
16 satisfy the requirements of Section 15(b-5) of this Act.
17 (f) In the event that the owner or operator of a
18 proposed livestock management facility or livestock waste
19 handling facility modifies the facility plans by the proposed
20 addition of a livestock waste lagoon, the Department shall
21 notify the county board, which may exercise its option of a
22 public informational meeting pursuant to Section 15(b-5) of
23 this Act.
24 (510 ILCS 77/13 new)
25 Sec. 13. Construction standards for livestock waste
26 handling facilities other than earthen livestock waste
27 lagoons; certification; inspection; closure requirements.
28 (a) After the effective date of this amendatory Act of
29 1998, livestock waste handling facilities other than earthen
30 livestock waste lagoons used for the storage of livestock
31 waste shall be constructed in accordance with this Section.
32 (1) Livestock waste handling facilities constructed
33 of concrete shall meet the strength and load factors set
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1 forth in the Midwest Plan Service's Concrete Manure
2 Storages Handbook (MWPS-36) and future updates. In
3 addition, those structures shall meet the following
4 requirements:
5 (A) Waterstops shall be incorporated into the
6 design of the storage structure when consistent with
7 the requirements of paragraph (1) of this
8 subsection;
9 (B) Storage structures that handle waste in a
10 liquid form shall be designed to contain a volume of
11 not less than the amount of waste generated during
12 150 days of facility operation at design capacity;
13 and
14 (C) Storage structures not covered or
15 otherwise protected from precipitation shall, in
16 addition to the waste storage volume requirements of
17 subparagraph (B) of paragraph (1) of this
18 subsection, include a 2-foot freeboard.
19 (2) A livestock waste handling facility in a
20 prefabricated form shall meet the strength, load, and
21 compatibility factors for its intended use. Those
22 factors shall be verified by the manufacturer's
23 specifications.
24 (3) Livestock waste handling facilities holding
25 semi-solid livestock waste, including but not limited to
26 picket dam structures, shall be constructed according to
27 the requirements set forth in the Midwest Plan Service's
28 Livestock Waste Facilities Handbook (MWPS-18) and future
29 updates or similar standards used by the Natural
30 Resources Conservation Service of the United States
31 Department of Agriculture.
32 (4) Livestock waste handling facilities holding
33 solid livestock waste shall be constructed according to
34 the requirements set forth in the Midwest Plan Service's
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1 Livestock Waste Facilities Handbook (MWPS-18) and future
2 updates or similar standards used by the Natural
3 Resources Conservation Service of the United States
4 Department of Agriculture. In addition, solid livestock
5 waste stacking structures shall be sized to store not
6 less than the amount of waste generated during 6 months
7 of facility operation at design capacity.
8 (5) Holding ponds used for the temporary storage of
9 livestock feedlot run-off shall be constructed according
10 to the requirements set forth in the Midwest Plan
11 Service's Livestock Waste Facilities Handbook (MWPS-18)
12 and future updates or similar standards used by the
13 Natural Resources Conservation Service of the United
14 States Department of Agriculture.
15 (b) New livestock management facilities and livestock
16 waste handling facilities constructed after the effective
17 date of this amendatory Act of 1998 shall be subject to the
18 additional construction requirements and siting prohibitions
19 provided in this subsection (b).
20 (1) No new non-lagoon livestock management facility
21 or livestock waste handling facility may be constructed
22 within the floodway of a 100-year floodplain. A new
23 livestock management facility or livestock waste handling
24 facility may be constructed within the portion of a
25 100-year floodplain that is within the flood fringe and
26 outside the floodway provided that the facility is
27 designed and constructed to be flood-proof. The
28 delineation of floodplains, floodways, and flood fringes
29 shall be in compliance with the National Flood Insurance
30 Program. Flood-proofing shall also be consistent with
31 the National Flood Insurance Program and shall be
32 designed to prevent the removal of stored manure by flood
33 waters.
34 (2) A new non-lagoon livestock waste handling
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1 facility constructed in a karst area shall be designed to
2 prevent seepage of the stored material into groundwater
3 in accordance with ASAE 393.2 or future updates. Owners
4 or operators of proposed facilities should consult with
5 the local soil and water conservation district, the
6 University of Illinois Cooperative Extension Service, or
7 other local, county, or State resources relative to
8 determining the possible presence or absence of such
9 areas. Notwithstanding the other provisions of this
10 subdivision (b)(2), after the effective date of this
11 amendatory Act of 1998, no non-lagoon livestock waste
12 handling facility may be constructed within any natural
13 depression in a karst area formed as a result of
14 subsurface removal of soil or rock materials that has
15 caused the formation of a collapse feature that exhibits
16 internal drainage. For the purposes of this subdivision
17 (b)(2), the existence of such a natural depression in a
18 karst area shall be indicated by the uppermost closed
19 depression contour lines on a USGS 7 1/2 minute
20 quadrangle topographic map or as determined by Department
21 field investigation in a karst area.
22 (3) A new non-lagoon livestock waste handling
23 facility constructed in an area where aquifer material is
24 present within 5 feet of the bottom of the facility shall
25 be designed to ensure the structural integrity of the
26 containment structure and to prevent seepage of the
27 stored material to groundwater. Footings and underlying
28 structure support shall be incorporated into the design
29 standards of the storage structure in accordance with the
30 requirements of Section 4.1 of the American Society of
31 Agricultural Engineers (ASAE) EP 393.2 or future updates.
32 (c) A livestock waste handling facility owner shall rely
33 on guidance from the local soil and water conservation
34 district, the Natural Resources Conservation Service of the
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1 United States Department of Agriculture, or the University of
2 Illinois Cooperative Extension Service for soil type and
3 associated information.
4 (d) No requirements other than those provided in
5 subsections (a) and (b) may be imposed on the construction or
6 operation of a livestock management facility or waste
7 handling facility other than an earthen livestock waste
8 lagoon, except as provided in this Act.
9 (e) The owner or operator of a livestock management
10 facility or livestock waste handling facility may, with the
11 approval of the Department, elect to exceed the strength and
12 load requirements as set forth in this Section.
13 (f) The owner or operator of a livestock management
14 facility or livestock waste handling facility shall send, by
15 certified mail or in person, to the Department a
16 certification of compliance together with copies of
17 verification documents upon completion of construction. In
18 the case of structures constructed with the design standards
19 used by the Natural Resources Conservation Service of the
20 United States Department of Agriculture, copies of the design
21 standards and a statement of verification signed by a
22 representative of the United States Department of Agriculture
23 shall accompany the owner's or operator's certification of
24 compliance. The certification shall state that the structure
25 meets or exceeds the requirements in subsection (a) of this
26 Section. A $250 filing fee shall accompany the statement.
27 The owner or operator may begin using the storage structure
28 no earlier than 10 business days after submitting the
29 certification to the Department.
30 (g) The Department shall inspect the construction site
31 prior to construction, during construction, and within 10
32 business days following receipt of the certification of
33 compliance to determine compliance with the construction
34 standards and to determine whether the proposed construction
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1 location will be in compliance with setback distances or, in
2 the case of construction that is not a new livestock
3 management facility or waste handling facility, with the
4 maximum feasible location requirements of the Agency's
5 Agriculture Related Pollution regulations, 35 Ill. Admin.
6 Code 501.
7 (h) The Department shall require modification when
8 necessary to bring the construction into compliance with the
9 standards set forth in this Section. The person making the
10 inspection shall discuss with the owner, operator, or
11 certified livestock manager an evaluation of the livestock
12 waste handling facility construction and shall (i) provide
13 on-site written recommendations to the owner, operator, or
14 certified livestock manager of what modifications are
15 necessary or (ii) inform the owner, operator, or certified
16 livestock manager that the facility meets the standards set
17 forth in this Section. On the day of the inspection, the
18 person making the inspection shall give the owner, operator,
19 or certified livestock manager a written report of findings
20 based on the inspection together with an explanation of
21 remedial measures necessary to enable the livestock waste
22 handling facility to meet the standards set forth in this
23 Section. The Department shall, within 10 business days of the
24 date of inspection, send an official written notice of the
25 deficiencies to the owner or operator of the livestock waste
26 handling facility by certified mail, return receipt
27 requested. The owner or operator shall, within 10 business
28 days of receipt of an official written notice of
29 deficiencies, contact the Department to develop the
30 principals of an agreement of compliance. The owner or
31 operator and the Department shall enter into an agreement of
32 compliance setting forth the specific changes to be made to
33 bring the construction in compliance with the standards
34 required under this Section. If an agreement of compliance
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1 cannot be achieved, the owner or operator can request an
2 official administrative hearing to be held in accordance with
3 the Illinois Administrative Procedure Act.
4 (i) The Department shall seek an injunction in circuit
5 court to prohibit the operation of the facility until
6 construction of the livestock waste handling facility is in
7 compliance with the provisions of this Section.
8 (j) When any livestock management facility not using an
9 earthen livestock waste lagoon is removed from service, the
10 accumulated livestock waste remaining within the facility
11 shall be removed and applied to land at rates consistent with
12 a waste management plan for the facility. Removal of the
13 waste shall occur within 12 months after the date livestock
14 production at the facility ceases. In addition, the owner or
15 operator shall make provisions to prevent the accumulation of
16 precipitation within the livestock waste handling facility.
17 Upon completion of the removal of manure, the owner or
18 operator of the facility shall notify the Department that the
19 facility is being removed from service and the remaining
20 manure has been removed. The Department shall conduct an
21 inspection of the livestock waste handling facility and
22 inform the owner or operator in writing that the closure
23 requirements have been met or that additional actions are
24 necessary to complete closure. Commencement of operations at
25 an idle facility that has completed the aforementioned
26 closure requirements and that has been operated as a
27 livestock management facility or livestock waste handling
28 facility for 4 consecutive months at any time within the
29 previous 10 years shall not be considered a new or expanded
30 livestock management or waste handling facility for the
31 purposes of setback determinations.
32 (k) After the effective date of this amendatory Act of
33 1998, the Livestock Management Facilities Advisory Committee
34 shall meet at least once every 6 months to review the design
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1 and construction standards in this Section and report to the
2 General Assembly on January 1, 1999 and annually thereafter
3 concerning the adequacy of those construction standards.
4 (510 ILCS 77/14 new)
5 Sec. 14. Enforcement. The provisions of this amendatory
6 Act of 1998 creating Sections 10.24, 10.26, 11, 12, 13, 14,
7 and 18 and changing Sections 15, 20, 35, and 100 shall be
8 enforced by the Department beginning on the effective date of
9 this amendatory Act of 1998.
10 (510 ILCS 77/15)
11 Sec. 15. Livestock waste lagoon.
12 (a) Standards for livestock waste lagoon construction.
13 Any earthen livestock waste lagoon subject to registration
14 shall be constructed or modified in accordance with "Design
15 of Anaerobic Lagoons for Animal Waste Management" promulgated
16 by the American Society of Agricultural Engineers or the
17 national guidelines as published by the United States
18 Department of Agriculture Natural Resource Conservation
19 Service in Illinois and titled Waste Treatment Lagoon. The
20 owner or operator of the earthen livestock lagoon may, with
21 approval from the Department, modify or exceed these
22 standards in order to meet site specific objectives.
23 Notwithstanding any other requirement of this subsection,
24 every earthen livestock waste lagoon shall include the
25 construction of a secondary berm, filter strip, grass
26 waterway, or terrace, or any combination of those, outside
27 the perimeter of the primary berm if an engineer licensed
28 under the Professional Engineering Practice Act of 1989 and
29 retained by the registrant determines, with the concurrence
30 of the Department, that construction of such a secondary berm
31 or other feature or features is necessary in order to ensure
32 against a release of livestock waste from the lagoon (i) that
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1 encroaches or is reasonably expected to encroach upon land
2 other than the land occupied by the livestock waste handling
3 facility of which the lagoon is a part or (ii) that enters
4 or is reasonably expected to enter the waters of this State.
5 The Department shall determine compliance with these
6 requirements. The Department may require changes in design
7 or additional requirements to protect groundwater, such as
8 extra liner depth or synthetic liners, when it appears
9 groundwater could be impacted.
10 (a-5) New earthen livestock waste lagoons constructed
11 after the effective date of this amendatory Act of 1998 shall
12 be subject to additional construction requirements and siting
13 prohibitions as provided in this subsection (a-5).
14 (1) No new earthen livestock waste lagoon may be
15 constructed within the floodway of a 100-year floodplain.
16 A new earthen livestock waste lagoon may be constructed
17 within the portion of a 100-year floodplain that is
18 within the flood fringe and outside the floodway provided
19 that the facility is designed and constructed to be
20 flood-proof. The delineation of floodplains, floodways,
21 and flood fringes shall be in compliance with the
22 National Flood Insurance Program. Flood-proofing shall
23 also be consistent with the National Flood Insurance
24 Program and shall be designed to prevent the removal of
25 stored manure by flood waters.
26 (2) A new earthen livestock waste lagoon
27 constructed in a karst area shall be designed to prevent
28 seepage of the stored material to groundwater. Owners or
29 operators of proposed facilities shall consult with the
30 local soil and water conservation district, the
31 University of Illinois Cooperative Extension Service, or
32 other local, county, or state resources relative to
33 determining the possible presence or absence of such
34 areas. Notwithstanding the other provisions of this
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1 subdivision (a-5)(2), after the effective date of this
2 amendatory Act of 1998, no earthen livestock waste lagoon
3 may be constructed within any natural depression in a
4 karst area formed as a result of subsurface removal of
5 soil or rock materials that has caused the formation of a
6 collapse feature that exhibits internal drainage. For
7 the purposes of this subdivision (a-5)(2), the existence
8 of such natural depression in a karst area shall be
9 indicated by the uppermost closed depression contour
10 lines on a USGS 7 1/2 minute quadrangle topographic map
11 or as determined by Department field investigation in a
12 karst area.
13 (b) Registration and certification. Any earthen
14 livestock waste lagoon newly constructed or modified (does
15 not include repairs) after the effective date of rules
16 adopted for the implementation of this Act shall be
17 registered by the owner or operator with the Department on a
18 form provided by the Department. Lagoons constructed prior
19 to the effective date of rules adopted for the implementation
20 of this Act may register with the Department at no charge.
21 In order to give the Department notice of the owner's or
22 operator's intent to construct or modify an earthen livestock
23 waste lagoon, the owner or operator shall register such
24 lagoon with the Department during the preconstruction phase.
25 Construction shall not begin until 30 days after submittal of
26 a registration form by certified mail to the Department.
27 When an informational meeting is requested by the county,
28 construction shall not begin until after the informational
29 meeting has been held.
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 preconstruction, construction, and
28 post-construction. The Department shall require
29 modifications when necessary to bring construction in
30 compliance with the standards as set forth in subsection (a)
31 of Section 15. The person making the inspection shall
32 discuss with the owner, operator, or certified livestock
33 manager an evaluation of the livestock waste lagoon
34 construction and shall (i) provide on-site written
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1 recommendations to the owner, operator, or certified
2 livestock manager of what modifications are necessary or (ii)
3 inform the owner, operator, or certified livestock manager
4 that the lagoon meets the standards set forth in subsection
5 (a) of Section 15. On the day of the inspection, the person
6 making the inspection shall give the owner, operator, or
7 certified livestock manager a written report of his or her
8 findings based on the inspection, together with an
9 explanation of any remedial measures necessary to enable the
10 lagoon to meet the standards set forth in subsection (a).
11 The person making any inspection shall comply with
12 reasonable animal health protection procedures as requested
13 by the owner, operator, or certified livestock manager.
14 Upon completion of the construction or modification, but
15 prior to placing the lagoon in service, the owner or operator
16 of the livestock waste lagoon shall certify on a form
17 provided by the Department that the lagoon has been
18 constructed or modified in accordance with the standards set
19 forth in subsection (a) of Section 15 and that the
20 information provided on the registration form is correct.
21 (1) The certification notice to the Department
22 shall include a certification statement and signature.
23 (2) The certification shall state: "I hereby
24 certify that the information provided on this form is
25 correct and that the lagoon has been constructed in
26 accordance with the standards as required by the
27 Livestock Management Facilities Act."
28 The owner or operator of the lagoon may proceed to place
29 the lagoon in service no earlier than 10 working days after
30 submitting to the Department a certification of compliance
31 statement.
32 (b-5) Public informational meeting. Within 7 days after
33 receiving a registration form giving notice of an intent to
34 construct or modify an earthen livestock waste lagoon after
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1 the effective date of this amendatory Act of 1997, the
2 Department shall send a copy of the registration form to the
3 county board of the county in which the lagoon is or is to
4 be located. After receiving a copy of a lagoon registration
5 form from the Department under this subsection, within 30
6 days the county board may at its discretion request that the
7 Department conduct a public informational meeting within 15
8 days of the request concerning the proposed construction or
9 modification of the lagoon. If the Department conducts such
10 a meeting, then at least 10 days before the meeting, the
11 Department shall cause notice of the meeting to be published
12 in a newspaper of general circulation in the county or the
13 State newspaper. The owner or operator who submitted the
14 registration form to the Department shall appear at the
15 meeting. At the meeting, the Department shall afford members
16 of the public an opportunity to ask questions and present
17 oral or written testimony concerning the proposed
18 construction or modification of the lagoon.
19 (c) Complaint procedure. Any person having a complaint
20 concerning an earthen livestock waste lagoon may file a
21 complaint with the Agency. If the Agency finds that
22 groundwater has been negatively impacted because of
23 structural problems with the earthen lagoon, the Agency shall
24 notify the Department that modification of the lagoon is
25 necessary. The livestock owner or operator or the Department
26 may request guidance from the United States Department of
27 Agriculture Natural Resource Conservation Service or the
28 University of Illinois Cooperative Extension Service.
29 The person making any inspection shall comply with animal
30 health protection procedures as requested by the owner or
31 operator.
32 Any earthen livestock waste lagoon in service prior to
33 the effective date of the rules for implementation of this
34 Act is not subject to registration but is only subject to the
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1 complaint procedure. However, any such livestock waste
2 lagoon found impacting groundwater shall be required to be
3 repaired, modified, or have procedures instituted so
4 groundwater is not negatively impacted.
5 If an investigation reveals groundwater has been
6 negatively impacted, the Department and Agency shall
7 cooperate with the owner or operator of the affected
8 livestock waste lagoon to provide a reasonable solution to
9 protect the groundwater.
10 Nothing in this Section shall limit the Agency's
11 authority under the Environmental Protection Act to
12 investigate and respond to violations of the Environmental
13 Protection Act or rules adopted under that Act.
14 (d) Livestock waste lagoon registration fee. The
15 livestock waste lagoon registration fee is $250 $50.
16 (d-5) (Blank). Reporting release of waste. An owner or
17 operator of a lagoon shall report to the Agency any release
18 of livestock waste from a lagoon within 24 hours after the
19 discovery of the release. The procedure for reporting
20 releases shall be adopted by the Agency by rule.
21 For a first violation of this subsection (d-5) by the
22 owner or operator of a livestock management facility or
23 livestock waste handling facility, the Department shall send
24 the owner or operator a written notice of the violation by
25 certified mail, return receipt requested.
26 If after an administrative hearing the Department finds
27 that the owner or operator of a livestock management facility
28 or livestock waste handling facility has committed a second
29 violation of this subsection (d-5), the Department shall
30 impose on the owner or operator a civil administrative
31 penalty in an amount not exceeding $1,000. The Attorney
32 General may bring an action in the circuit court to enforce
33 the collection of a penalty imposed under this subsection
34 (d-5).
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1 If after an administrative hearing the Department finds
2 that the owner or operator of a livestock management facility
3 or livestock waste handling facility has committed a third
4 violation of this subsection (d-5), the Department shall
5 enter an administrative order directing that the owner or
6 operator cease operation of the facility until the violation
7 is corrected.
8 If a livestock management facility or livestock waste
9 handling facility has not committed a violation of this
10 subsection (d-5) within the 5 years immediately preceding a
11 violation, the violation shall be construed and treated as a
12 first violation.
13 (e) Closure of livestock waste lagoons. When any earthen
14 livestock waste lagoon is removed from service, it shall be
15 completely emptied. Appropriate closure procedures shall be
16 followed as determined by rule. The remaining hole must be
17 filled. The closure requirements shall be completed within
18 two years from the date of cessation of operation unless the
19 lagoon is maintained or serviced. The Department may grant a
20 waiver to the before-stated closure requirements that will
21 permit the lagoon to be used for an alternative purpose.
22 Upon a change in ownership of a registered earthen
23 livestock waste lagoon, the owner shall notify the Department
24 of the change within 30 working days of the closing of the
25 transaction.
26 (f) Administrative authority. All actions of the
27 Department of Agriculture are subject to the Illinois
28 Administrative Procedure Act.
29 Any earthen livestock waste lagoon subject to
30 registration shall not begin operation until the owner or
31 operator of the lagoon has met the requirements of this Act.
32 The owner or operator of any earthen livestock waste
33 lagoon subject to registration that has not been registered
34 or constructed in accordance with standards set forth in
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1 subsection (a) of Section 15 shall, upon being identified as
2 such by the Department, be given written notice by the
3 Department to register and certify the lagoon within 10
4 working days of receipt of the notice. The Department may
5 inspect such lagoon and require compliance in accordance with
6 subsections (a) and (b) of this Section. If the owner or
7 operator of the livestock waste lagoon that is subject to
8 registration fails to comply with the notice, the Department
9 may issue a cease and desist order until such time as
10 compliance is obtained with the requirements of this Act.
11 Failure to construct the lagoon in accordance with the
12 construction plan and Department recommendations is a
13 business offense punishable by a fine of not more than
14 $5,000.
15 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
16 (510 ILCS 77/18)
17 Sec. 18. Reporting release of waste.
18 (a) An owner or operator of a livestock waste handling
19 facility shall report to the Agency any release of livestock
20 waste from a livestock waste handling facility or from the
21 transport of livestock waste within 24 hours after the
22 discovery of the release. Reporting shall not be required in
23 the case of a release of less than 25 gallons that is not
24 released to the waters of the State or from a controlled and
25 recovered release during field application. The procedure
26 for reporting releases shall be adopted by the Agency by
27 rule.
28 (b) For a first violation of failing to report a release
29 by the owner or operator of a livestock waste handling
30 facility, the Department shall send the owner or operator a
31 written notice of the violation by certified mail, return
32 receipt requested.
33 (c) If, after an administrative hearing, the Department
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1 finds that the owner or operator of a livestock waste
2 handling facility has committed a second violation of failing
3 to report a release, the Department shall impose on the owner
4 or operator a civil administrative penalty in an amount not
5 exceeding $1,000. The Attorney General may bring action in
6 the circuit court to enforce the collection of a penalty
7 imposed for failing to report a release.
8 (d) If, after an administrative hearing, the Department
9 finds that the owner or operator of a livestock waste
10 handling facility has committed a third violation of failing
11 to report a release, the Department shall enter an
12 administrative order directing that the owner or operator
13 cease operation of the facility until the violation is
14 corrected.
15 (e) If the owner or operator of a livestock waste
16 handling facility has not committed a violation of failing to
17 report a release within the 5 years immediately preceding a
18 violation, a violation shall be considered and treated as a
19 first violation.
20 (510 ILCS 77/20)
21 Sec. 20. Handling, storing and disposing of livestock
22 waste.
23 (a) The livestock management facility owner or operator
24 shall comply with the requirements for handling, storing, and
25 disposing of livestock wastes as set forth in the rules
26 adopted pursuant to the Illinois Environmental Protection Act
27 concerning agriculture related pollution.
28 (b) The livestock management facility owner or operator
29 at a facility of less than 500 1,000 animal units shall not
30 be required to prepare and maintain a waste management plan.
31 (c) The livestock management facility owner or operator
32 at a facility of 500 1,000 or greater animal units but less
33 than 5,000 7,000 animal units shall prepare and maintain on
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1 file at the livestock management facility a general waste
2 management plan. Notwithstanding this requirement, a
3 livestock management facility subject to this subsection may
4 be operated on an interim basis but not to exceed 6 months
5 after the effective date of the rules promulgated pursuant to
6 this Act to allow for the owner or operator of the facility
7 to develop a waste management plan. The waste management
8 plan shall be available for inspection during normal business
9 hours by Department personnel.
10 (d) The livestock management facility owner or operator
11 at a facility of 5,000 7,000 or greater animal units shall
12 prepare, maintain, and submit to the Department the waste
13 management plan for approval. Approval of the waste
14 management plan shall be predicated on compliance with
15 provisions of subsection (f). The waste management plan shall
16 be approved by the Department before operation of the
17 facility or in the case of an existing facility, the waste
18 management plan shall be submitted within 60 working days
19 after the effective date of the rules promulgated pursuant to
20 this Act.
21 The owner or operator of an existing livestock management
22 facility that through growth meets or exceeds 5,000 7,000
23 animal units shall file its waste management plan with the
24 Department within 60 working days after reaching the stated
25 animal units.
26 The owner or operator of a livestock management facility
27 that is subject to this subsection (d) shall file within 60
28 working days with the Department a revised waste management
29 plan when there is a significant change stated in subsection
30 (e) of this Section in items (1), (2), or (10) of subsection
31 (f) that will materially affect compliance with the waste
32 management plan.
33 (d-5) The owner or operator of multiple livestock
34 management facilities under common facility ownership where
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1 the cumulative animal units of the facilities are equal to or
2 greater than the animal unit numbers of subsection (c) of
3 this Section shall prepare and keep on file at each facility
4 a waste management plan in accordance with the requirements
5 of subsection (c). The owner or operator of multiple
6 livestock management facilities that are under common
7 facility ownership where the cumulative animal units of the
8 facilities are equal to or greater than the animal unit
9 numbers in subsection (d) of this Section shall prepare and
10 file with the Department a waste management plan in
11 accordance with the provisions of subsection (d). Cumulative
12 animal units shall be determined by combining the animal
13 units of multiple livestock management facilities under
14 common facility ownership based upon the design capacity of
15 each facility. For the purposes of this subsection (d-5),
16 "under common facility ownership" means the same person or
17 persons own at least 51% of the entity that owns the
18 buildings housing the livestock and that the facilities are
19 located in the State of Illinois.
20 (e) The owner or operator of a livestock management
21 facility shall update the waste management plan when there is
22 change in the values shown in the plan in item (1) of
23 subsection (f) of this Section. The waste management plan
24 shall also be revised when there is a change in the method of
25 disposal of animal waste or when the available nitrogen value
26 exceeds the variability range for nitrogen set forth in
27 subsection (f) of this Section. The waste management plan and
28 records of livestock waste disposal shall be kept on file for
29 3 three years.
30 (f) The application of livestock waste to the land is an
31 acceptable, recommended, and established practice in
32 Illinois. However, when livestock waste is not applied in a
33 responsible manner, it may create pollution pollutional
34 problems. It should be recognized that research relative to
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1 agronomically appropriate livestock waste application rates
2 based on manure nutrient content is currently ongoing. The
3 Department, in consultation with the Livestock Management
4 Facilities Advisory Committee, shall, on January 1, 1999 and
5 annually thereafter, report to the General Assembly on the
6 status of such research with the objective of developing
7 standards relative to the use of phosphorus as the limiting
8 nutrient for the agronomic application of livestock waste to
9 cropland. The report shall include specific recommendations
10 for potential changes to this Act. It should be recognized
11 that, in most cases, if the agronomic nitrogen rate is met,
12 the phosphorus applied will exceed the crop requirements, but
13 not all of the phosphorus may be available for use by the
14 crop. In the interim, it will be considered acceptable,
15 therefore, to prepare and implement a waste management plan
16 based on the nitrogen rate, unless otherwise mandated by
17 federal law or federal regulation. The waste management plan
18 shall include the following:
19 (1) An estimate of the volume of livestock waste to
20 be disposed of annually obtained by multiplying the
21 design capacity of the facility by the appropriate amount
22 of waste generated by the animals. The values showing
23 the amount of waste generated in Table 2-1, Midwest Plan
24 Services, MWPS-18, Livestock Waste Facilities Handbook
25 may be used.
26 (2) The number of acres available for disposal of
27 the waste.
28 (3) An estimate of the nutrient value of the waste.
29 The owner or operator may prepare and maintain a plan
30 based on table values derived from Midwest Plan Services,
31 MWPS-18, Livestock Waste Facilities Handbook, the
32 Agency's Agriculture Related Pollution regulations, or
33 the results of analysis performed on samples of waste.
34 For the purposes of compliance with this subsection, the
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1 nutrient values of livestock waste may vary as indicated
2 in the source table. In the case of laboratory analytical
3 results, the nutrient values may vary with the accuracy
4 of the analytical method.
5 (4) An indication that the livestock waste will be
6 applied at rates not to exceed the agronomic nitrogen
7 demand of the crops to be grown when averaged over a
8 5-year period.
9 (5) A provision that livestock waste applied within
10 1/4 mile of any residence not part of the facility shall
11 be injected or incorporated on the day of application.
12 However, livestock management facilities and livestock
13 waste handling facilities that have irrigation systems in
14 operation prior to the effective date of this Act or
15 existing facilities applying waste on frozen ground are
16 not subject to the provisions of this item (5).
17 (6) A provision that livestock waste may not be
18 applied within 200 feet of surface water unless the water
19 is upgrade or there is adequate diking, and waste will
20 not be applied within 150 feet of potable water supply
21 wells.
22 (7) A provision that livestock waste may not be
23 applied in a 10-year flood plain unless the injection or
24 incorporation method of application is used.
25 (8) A provision that livestock waste may not be
26 applied in waterways.
27 (9) A provision that if waste is spread on frozen
28 or snow-covered land, the application will be limited to
29 land areas on which:
30 (A) land slopes are 5% or less, or
31 (B) adequate erosion control practices exist.
32 (10) Methods for disposal of animal waste.
33 (g) Any person who is required to prepare and maintain a
34 waste management plan and who fails to do so shall be issued
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1 a warning letter by the Department for the first violation
2 and shall be given 30 working days to prepare a waste
3 management plan. For failure to prepare and maintain a waste
4 management plan, the person shall be fined an administrative
5 penalty of up to $1,000 by the Department and shall be
6 required to enter into an agreement of compliance to prepare
7 and maintain a waste management plan within 30 working days.
8 For failure to prepare and maintain a waste management plan
9 after the second 30 day period or for failure to enter into a
10 compliance agreement, the Department may issue an operational
11 cease and desist order until compliance is attained.
12 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
13 (510 ILCS 77/35)
14 Sec. 35. Setbacks for livestock management and livestock
15 handling facilities.
16 (a) Grandfather provision; facilities in existence prior
17 to July 15, 1991. Livestock management facilities and
18 livestock waste handling facilities in existence prior to
19 July 15, 1991 shall comply with setbacks in existence prior
20 to July 15, 1991, as set forth in the Illinois Environmental
21 Protection Act and rules promulgated under that Act.
22 (b) Grandfather provision; facilities in existence on
23 effective date and after July 15, 1991. Livestock management
24 facilities and livestock waste handling facilities in
25 existence on the effective date of this Act but after July
26 15, 1991 shall comply with setbacks in existence prior to the
27 effective date of this Act, as set forth in the Illinois
28 Environmental Protection Act and rules promulgated under that
29 Act.
30 (c) New livestock management or livestock waste handling
31 facilities. Any new facility shall comply with the following
32 setbacks:
33 (1) For purposes of determining setback distances,
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1 minimum distances shall be measured from the nearest
2 corner of the residence or place of common assembly to
3 the nearest corner of the earthen waste lagoon or
4 livestock management facility, whichever is closer.
5 (2) A livestock management facility or livestock
6 waste handling facility serving less than 50 animal
7 units shall be exempt from setback distances as set forth
8 in this Act but shall be subject to rules promulgated
9 under the Illinois Environmental Protection Act.
10 (3) For a livestock management facility or waste
11 handling facility serving 50 or greater but less than
12 1,000 animal units, the minimum setback shall be 1/4 mile
13 from the nearest occupied non-farm residence and 1/2 mile
14 from the nearest populated area.
15 (4) For a livestock management facility or
16 livestock waste handling facility serving 1,000 or
17 greater but less than 7,000 animal units, the setback is
18 as follows:
19 (A) For a populated area, the minimum setback
20 shall be increased 440 feet over the minimum setback
21 of 1/2 mile for each additional 1,000 animal units
22 over 1,000 animal units.
23 (B) For any occupied residence, the minimum
24 setback shall be increased 220 feet over the minimum
25 setback of 1/4 mile for each additional 1,000 animal
26 units over 1,000 animal units.
27 (5) For a livestock management facility or
28 livestock waste handling facility serving 7,000 or
29 greater animal units, the setback is as follows:
30 (A) For a populated area, the minimum setback
31 shall be 1 mile.
32 (B) For any occupied residence, the minimum
33 setback shall be 1/2 mile.
34 (d) Requirements governing the location of a new
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1 livestock management facility and new livestock
2 waste-handling facility and conditions for exemptions or
3 compliance with the maximum feasible location as provided in
4 rules adopted pursuant to the Illinois Environmental
5 Protection Act concerning agriculture regulated pollution
6 shall apply to those facilities identified in subsections (b)
7 and (c) of this Section. With regard to the maximum feasible
8 location requirements, any reference to a setback distance in
9 the rules under the Illinois Environmental Protection Act
10 shall mean the appropriate distance as set forth in this
11 Section.
12 (e) Setback category shall be determined by the design
13 capacity in animal units of the livestock management
14 facility.
15 (f) Setbacks may be decreased when innovative designs as
16 approved by the Department are incorporated into the
17 facility.
18 (g) A setback may be decreased when waivers are obtained
19 from owners of residences that are occupied and located in
20 the setback area.
21 (Source: P.A. 89-456, eff. 5-21-96.)
22 (510 ILCS 77/100)
23 Sec. 100. Livestock waste management facilities and
24 livestock waste handling facilities under this Act shall be
25 subject to penalties and liability for any violations under
26 the Environmental Protection Act. Nothing in this Act shall
27 be construed as a limitation or preemption of any statutory
28 or regulatory authority under the Illinois Environmental
29 Protection Act.
30 (Source: P.A. 89-456, eff. 5-21-96.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 510 ILCS 77/10.24 new
4 510 ILCS 77/10.26 new
5 510 ILCS 77/11 new
6 510 ILCS 770/12 new
7 510 ILCS 77/13 new
8 510 ILCS 77/14 new
9 510 ILCS 77/15
10 510 ILCS 77/18
11 510 ILCS 77/20
12 510 ILCS 77/35
13 510 ILCS 77/100