Section 900.503  Livestock Waste Handling Facilities Not Subject to the Public Informational Meeting Process

For a livestock waste handling facility, other than a livestock waste lagoon, that is not subject to the public informational meeting process as outlined in Section 12 of the Livestock Management Facilities Act [510 ILCS 77] and Subpart D of this Part, the following procedures shall be followed:

a)         For a new livestock waste handling facility, a site investigation shall be conducted in accordance with Subpart C of 35 Ill. Adm. Code 506 to determine whether aquifer material is considered present (or not present) within 5 feet of the planned bottom of the livestock waste handling facility, the proposed facility is located in the floodway or flood fringe of a 100-year floodplain, and the proposed facility is located in a karst area or within 400 feet of a natural depression in a karst area.  A livestock waste handling facility owner may rely on guidance from the local soil and water conservation district, the Natural Resources Conservation Service of the United States Department of Agriculture, or the University of Illinois Cooperative Extension Service for soil type and associated information. [510 ILCS 77/13(c)]

b)         A construction plan of the waste handling structure with design specifications of the structure noted as prepared by or for the owner or operator shall be filed with the Department at least 10 calendar days prior to the anticipated dates of construction. [510 ILCS 77/11(b)] Construction standards and specifications shall be utilized as set forth in Subpart C of 35 Ill. Adm. Code 506.

c)         For a livestock waste handling facility required to conduct a site investigation pursuant to subsection (a) of this Section, the construction plan required pursuant to subsection (b) of this Section shall include a certification statement from the owner or operator on a form provided by the Department.  The statement shall certify that the site investigation meets all the applicable requirements of subsection (a) of this Section and Subpart C of 35 Ill. Adm. Code 506, and whether aquifer material is considered present (or not present) within 5 feet of the planned bottom of the livestock waste handling facility, the proposed facility is located in the floodway or flood fringe of a 100-year floodplain, and the proposed facility is located in a karst area or within 400 feet of a natural depression in a karst area.  The statement shall be accompanied by supporting justification, data, and the results of the site investigation, all from a Licensed Professional Engineer or Licensed Professional Geologist or by a representative of the Natural Resources Conservation Service of the United States Department of Agriculture designated to perform such functions.

d)         Upon receipt of the site investigation information, if required, and construction plan, the Department shall review the documents to determine if all information has been submitted or if clarification is needed.  The Department shall, within 15 calendar days after receipt of the construction plan, notify the owner or operator that construction may begin, if all applicable requirements of the Livestock Management Facilities Act [510 ILCS 77] and this Part have been met, or that clarification is needed. [510 ILCS 77/11(b)]  No later than 15 calendar days after receipt of the clarification information, the Department shall notify the owner or operator that construction may begin, if all applicable requirements of the Livestock Management Facilities Act and this Part have been met, or that additional clarification is needed.