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90_HB2357ham001
LRB9007318DJcdam02
1 AMENDMENT TO HOUSE BILL 2357
2 AMENDMENT NO. . Amend House Bill 2357 by replacing
3 the title with the following:
4 "AN ACT to amend the Livestock Management Facilities Act
5 by changing Section 15."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Livestock Management Facilities Act is
9 amended by changing Section 15 as follows:
10 (510 ILCS 77/15)
11 Sec. 15. Livestock waste lagoon.
12 (a) Site development permit. After the effective date
13 of this amendatory Act of 1997, an owner or operator of a
14 proposed new or expanded livestock management facility or
15 livestock waste handling facility with a maximum design
16 capacity of 500 or greater animal units that utilizes a waste
17 handling facility may not commence construction of the new or
18 expanded facility without first receiving a site development
19 permit from the Agency.
20 An owner or operator of a proposed new or expanded
21 facility shall file a request with the Agency for a site
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1 development permit and submit a processing fee of $500. The
2 request shall include an application in the form established
3 by the Agency.
4 The Pollution Control Board shall adopt definitions and
5 establish siting, construction, and operating criteria for
6 lagoons, manure holding tanks, holding ponds, and other
7 livestock waste handling facilities deemed appropriate by the
8 Board for livestock management facilities or livestock waste
9 handling facilities serving 500 or greater animal units. The
10 Board may implement this subsection through the use of
11 emergency rules in accordance with Section 5-45 of the
12 Illinois Administrative Procedure Act. For purposes of that
13 Act, the adoption of rules to implement this subsection is
14 deemed an emergency and necessary for the public interest,
15 safety, and welfare.
16 Siting criteria adopted by the Board shall include the
17 following:
18 (1) The facility must be located outside the
19 boundary of the 100-year flood plain.
20 (2) All known abandoned water wells and mineral
21 extraction wells on the site must be sealed in accordance
22 with Department of Public Health and Department of
23 Natural Resources regulations.
24 (3) All setback criteria required under this Act
25 must be satisfied.
26 (4) All waste management criteria required under
27 this Act must be satisfied.
28 Within 45 days after receipt of a request for a site
29 development permit, the Agency shall publish a public notice
30 regarding the request, send written notices to the elected
31 municipal and county officials and legislators in the
32 affected area, and send written notices to all residents
33 located within 3 miles of the proposed site. All of the
34 notices shall be sent at the applicant's expense. Concurrent
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1 with these notices, the Agency shall send a copy of the
2 request to the Department and to the Soil and Water
3 Conservation District, the county board, and the local health
4 department serving the area in which the livestock management
5 facility or livestock waste handling facility will be
6 located.
7 Not less than 90 days but not more than 180 days after
8 receipt of a request for a site development, the Agency shall
9 hold a public hearing at a location near the proposed site of
10 the livestock management facility or livestock waste handling
11 facility.
12 The Agency shall grant or deny the site development
13 permit based on the site development, construction, and waste
14 management criteria set forth in this Act and in rules
15 adopted by the Board to implement this Section.
16 (b) Construction permit. After the effective date of
17 this amendatory Act of 1997, an owner or operator of a
18 proposed new or expanded livestock management facility or
19 livestock waste handling facility with a maximum design
20 capacity of 500 or greater animal units that utilizes a waste
21 handling facility may not commence construction of the new or
22 expanded facility without first receiving a construction
23 permit from the Department.
24 Construction criteria adopted by the Board shall include
25 the following:
26 (1) All manure storage lagoons or holding ponds
27 must be lined with impermeable material approved by the
28 Agency.
29 (2) All manure storage lagoons must be designed as
30 anaerobic lagoons using anaerobic lagoon loading rates
31 and volatile solids production rates employing the U.S.
32 Department of Agriculture (NRCS) Animal Waste Management
33 Field handbook design method.
34 (3) All manure storage structures or lagoons must
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1 meet the standards contained in Sections 506.204 (lagoon
2 design standards), 506.205 (liner standards), and 506.206
3 (groundwater monitoring) of the adopted Rule, Final
4 Order, IPCB, May 15, 1997.
5 (4) No single livestock waste handling facility may
6 exceed 20,000,000 galloons in capacity.
7 (5) Monitoring wells must be placed around all
8 livestock waste handling facilities and monitored in
9 accordance with regulations adopted by the Board.
10 (6) All livestock waste handling facilities must
11 have a clean-up plan in place that complies with all
12 provisions of this Act and rules adopted by the Board.
13 The Department may not issue a construction permit for a
14 livestock management facility or livestock waste handling
15 facility subject to this Section unless the Agency has
16 previously issued a site development permit to the applicant
17 under subsection (a).
18 (b-5) Operation permit. After the effective date of this
19 amendatory Act of 1997, an owner or operator of a proposed
20 new livestock management facility or livestock waste handling
21 facility with a design capacity of 500 or greater animal
22 units may not commence operation of the facility without an
23 operation permit issued by the Department. The Department may
24 not issue an operation permit for a livestock management
25 facility or livestock waste handling facility that is subject
26 to this Section unless a site development permit and
27 construction permit have previously been issued to the
28 applicant by the Agency and the Department, respectively,
29 under subsections (a) and (b). The Department shall issue an
30 operation permit for the facility if it determines that all
31 of the following conditions are met:
32 (1) The facility is built according to design plans
33 submitted by the permittee in the site development
34 reports.
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1 (2) An Illinois licensed professional engineer
2 certifies construction of the waste handling facility.
3 (3) The facility meets all construction rules and
4 regulations adopted by the Board to implement this
5 Section.
6 Prior to issuing an operation permit, the Department
7 shall make at least 3 on-site inspections during construction
8 of the facility to ensure conformance with all applicable
9 standards and design plans.
10 The permittee shall give to the Agency prior written
11 notice of any change in the operational procedures of the
12 permitted facility. The notice shall include a description
13 of all such proposed changes.
14 (a) Standards for livestock waste lagoon construction.
15 Any earthen livestock waste lagoon subject to registration
16 shall be constructed or modified in accordance with "Design
17 of Anaerobic Lagoons for Animal Waste Management" promulgated
18 by the American Society of Agricultural Engineers and
19 designated (ASAE EP403.1) or the national guidelines as
20 published by the United States Department of Agriculture
21 Natural Resource Conservation Service in Illinois and titled
22 Waste Treatment Lagoon. The owner or operator of the earthen
23 livestock lagoon may, with approval from the Department,
24 modify or exceed these standards in order to meet site
25 specific objectives. The Department shall determine
26 compliance with these requirements. The Department may
27 require changes in design or additional requirements to
28 protect groundwater, such as extra liner depth or synthetic
29 liners, when it appears groundwater could be impacted.
30 (b) Registration and certification. Any earthen
31 livestock waste lagoon newly constructed or modified (does
32 not include repairs) after the effective date of rules
33 adopted for the implementation of this Act shall be
34 registered by the owner or operator with the Department on a
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1 form provided by the Department. Lagoons constructed prior
2 to the effective date of rules adopted for the implementation
3 of this Act may register with the Department at no charge.
4 The owner or operator shall register such lagoon with the
5 Department during the preconstruction phase. Construction
6 shall not begin until 30 days after submittal of a
7 registration form by certified mail to the Department.
8 Livestock waste lagoon registration forms shall be made
9 available to producers at offices of the Department of
10 Agriculture, Cooperative Extension Service, and Soil and
11 Water Conservation Districts.
12 Registration information shall include the following:
13 (1) Name(s) and address(es) of the owner and
14 operator who are responsible for the livestock waste
15 lagoon.
16 (2) General location of lagoon.
17 (3) Design construction plans and specifications.
18 (4) Specific location information:
19 (A) Distance to a private or public potable
20 well;
21 (B) Distance to closest occupied private
22 residence (other than any occupied by owner or
23 operator);
24 (C) Distance to nearest stream; and
25 (D) Distance to nearest populated area.
26 (5) Anticipated beginning and ending dates of
27 construction.
28 (6) Type of livestock and number of animal units.
29 The Department of Agriculture upon receipt of a livestock
30 waste lagoon registration form shall review the form to
31 determine that all required information has been provided.
32 The person filing the registration shall be notified within
33 15 working days that the registration is complete or that
34 clarification of information is needed. No later than 10
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1 working days after receipt of the clarification information,
2 the Department shall notify the owner or operator that the
3 registration is complete.
4 The Department shall inspect an earthen livestock waste
5 lagoon during at least one of the following phases:
6 preconstruction, construction, and post-construction. The
7 Department shall require modifications when necessary to
8 bring construction in compliance with the standards as set
9 forth in subsection (a) of Section 15. The person making the
10 inspection shall discuss with the owner or operator an
11 evaluation of the livestock waste lagoon construction and
12 provide on-site written recommendations to the owner or
13 operator of what modifications are necessary or that the
14 lagoon meets the standards set forth in subsection (a) of
15 Section 15.
16 The person making any inspection shall comply with
17 reasonable animal health protection procedures as requested
18 by the owner or operator.
19 Upon completion of the construction or modification, but
20 prior to placing the lagoon in service, the owner or operator
21 of the livestock waste lagoon shall certify on a form
22 provided by the Department that the lagoon has been
23 constructed or modified in accordance with the standards set
24 forth in subsection (a) of Section 15 and that the
25 information provided on the registration form is correct.
26 (1) The certification notice to the Department
27 shall include a certification statement and signature.
28 (2) The certification shall state: "I hereby
29 certify that the information provided on this form is
30 correct and that the lagoon has been constructed in
31 accordance with the standards as required by the
32 Livestock Management Facilities Act."
33 The owner or operator of the lagoon may proceed to place
34 the lagoon in service no earlier than 10 working days after
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1 submitting to the Department a certification of compliance
2 statement.
3 (c) Complaint procedure. Any person having a complaint
4 concerning an earthen livestock waste lagoon may file a
5 complaint with the Agency. If the Agency finds that
6 groundwater has been negatively impacted because of
7 structural problems with the earthen lagoon, the Agency shall
8 notify the Department that modification of the lagoon is
9 necessary. The livestock owner or operator or the Department
10 may request guidance from the United States Department of
11 Agriculture Natural Resource Conservation Service or the
12 University of Illinois Cooperative Extension Service.
13 The person making any inspection shall comply with animal
14 health protection procedures as requested by the owner or
15 operator.
16 Any earthen livestock waste lagoon in service prior to
17 the effective date of the rules for implementation of this
18 Act is not subject to registration but is only subject to the
19 complaint procedure. However, any such livestock waste
20 lagoon found impacting groundwater shall be required to be
21 repaired, modified, or have procedures instituted so
22 groundwater is not negatively impacted.
23 If an investigation reveals groundwater has been
24 negatively impacted, the Department and Agency shall
25 cooperate with the owner or operator of the affected
26 livestock waste lagoon to provide a reasonable solution to
27 protect the groundwater.
28 Nothing in this Section shall limit the Agency's
29 authority under the Environmental Protection Act to
30 investigate and respond to violations of the Environmental
31 Protection Act or rules adopted under that Act.
32 (d) Notice of spillage or rupture. If there is a
33 spillage of livestock waste from a livestock waste lagoon at
34 a facility for which the Agency or the Department has issued
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1 a permit under this Section or if there is a rupture of such
2 a lagoon, then the owner or operator of the lagoon shall
3 notify the Agency and the general public within 24 hours
4 after the spillage or rupture as provided in rules adopted by
5 the Agency. Livestock waste lagoon registration fee. The
6 livestock waste lagoon registration fee is $50.
7 (e) Closure of livestock waste lagoons. When any earthen
8 livestock waste lagoon is removed from service, it shall be
9 completely emptied. Appropriate closure procedures shall be
10 followed as determined by rule. The remaining hole must be
11 filled. The closure requirements shall be completed within
12 two years from the date of cessation of operation unless the
13 lagoon is maintained or serviced. The Department may grant a
14 waiver to the before-stated closure requirements that will
15 permit the lagoon to be used for an alternative purpose.
16 Upon a change in ownership of a registered earthen
17 livestock waste lagoon, the owner shall notify the Department
18 of the change within 30 working days of the closing of the
19 transaction.
20 (f) Administrative authority. All actions of the
21 Department of Agriculture are subject to the Illinois
22 Administrative Procedure Act.
23 Any earthen livestock waste lagoon subject to
24 registration shall not begin operation until the owner or
25 operator of the lagoon has met the requirements of this Act.
26 The owner or operator of any earthen livestock waste
27 lagoon subject to registration that has not been registered
28 or constructed in accordance with standards set forth in
29 subsection (a) of Section 15 shall, upon being identified as
30 such by the Department, be given written notice by the
31 Department to register and certify the lagoon within 10
32 working days of receipt of the notice. The Department may
33 inspect such lagoon and require compliance in accordance with
34 subsections (a) and (b) of this Section. If the owner or
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1 operator of the livestock waste lagoon that is subject to
2 registration fails to comply with the notice, the Department
3 may issue a cease and desist order until such time as
4 compliance is obtained with the requirements of this Act.
5 Failure to construct the lagoon in accordance with the
6 construction plan and Department recommendations is a
7 business offense punishable by a fine of not more than
8 $5,000.
9 (Source: P.A. 89-456, eff. 5-21-96.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.".