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91_SB1199eng
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1 AN ACT to amend the Livestock Management Facilities Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Livestock Management Facilities Act is
5 amended by changing Sections 15, 20, 35, and 55 and adding
6 Sections 10.24, 10.26, 11, 12, 12.1, 13, and 18 as follows:
7 (510 ILCS 77/10.24 new)
8 Sec. 10.24. Karst Area. "Karst area" means an area with
9 a land surface containing sinkholes, large springs, disrupted
10 land drainage, and underground drainage systems associated
11 with karstified carbonate bedrock and caves or a land surface
12 without these features but containing a karstified carbonate
13 bedrock unit generally overlain by less than 60 feet of
14 unconsolidated materials.
15 (510 ILCS 77/10.26 new)
16 Sec. 10.26. Karstified carbonate bedrock. "Karstified
17 carbonate bedrock" means a carbonate bedrock unit (limestone
18 or dolomite) that has a pronounced conduit or secondary
19 porosity due to dissolution of the rock along joints,
20 fractures, or bedding plains.
21 (510 ILCS 77/11 new)
22 Sec. 11. Filing notice of intent to construct and
23 construction data; registration of facilities.
24 (a) An owner or operator shall file a notice of intent
25 to construct for a livestock management facility or livestock
26 waste handling facility with the Department prior to
27 construction to establish a base date, which shall be valid
28 for one year, for determination of setbacks in compliance
29 with setback distances or, in the case of construction that
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1 is not a new facility, with the maximum feasible location
2 requirements of Section 35 of this Act.
3 (b) For a livestock waste handling facility that is not
4 subject to Section 12 of this Act, a construction plan of the
5 waste handling structure with design specifications of the
6 structure noted as prepared by or for the owner or operator
7 shall be filed with the Department at least 10 calendar days
8 prior to the anticipated dates of construction. Upon receipt
9 of the notice of intent to construct form or the construction
10 plan, the Department shall review the documents to determine
11 if all information has been submitted or if clarification is
12 needed. The Department shall, within 15 calendar days of
13 receipt of a notice of intent to construct or the
14 construction plan, notify the owner or operator that
15 construction may begin or that clarification is needed.
16 (c) For a livestock waste handling facility that is
17 subject to Section 12 of this Act, a completed registration
18 shall be filed with the Department at least 37 calendar days
19 prior to the anticipated dates of construction. The
20 registration shall include the following: (i) the name and
21 address of the owner and operator of the livestock waste
22 handling facility; (ii) a general description of the
23 livestock waste handling structure and the type and number of
24 the animal units of livestock it serves; (iii) the
25 construction plan of the waste handling structure with design
26 specifications of the structure noted as prepared by or for
27 the owner or operator, and (iv) anticipated dates of
28 construction. The Department shall, within 15 calendar days
29 of receipt of the registration form, notify the person
30 submitting the form that the registration is complete or that
31 clarification information is needed.
32 (d) Any owner or operator who fails to file a notice of
33 intent to construct form or construction plans with the
34 Department prior to commencing construction, upon being
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1 discovered by the Department, shall be subject to an
2 administrative hearing by the Department. The administrative
3 law judge, upon determination of a failure to file the
4 appropriate form, shall impose a civil administrative penalty
5 in an amount no more than $1,000 and shall enter an
6 administrative order directing that the owner or operator
7 file the appropriate form within 10 business days after
8 receiving notice from the Department. If, after receiving
9 the administrative law judge's order to file, the owner or
10 operator fails to file the appropriate form with the
11 Department, the Department shall impose a civil
12 administrative penalty in an amount no less than $1,000 and
13 no more than $2,500 and shall enter an administrative order
14 prohibiting the operation of the facility until the owner or
15 operator is in compliance with this Act. Penalties under this
16 subsection (d) not paid within 60 days of notice from the
17 Department shall be submitted to the Attorney General's
18 office or an approved private collection agency.
19 (510 ILCS 77/12 new)
20 Sec. 12. Public informational meeting; lagoons and
21 non-lagoon structures.
22 (a) Beginning on the effective date of this amendatory
23 Act of 1999, within 7 days after receiving a form giving
24 notice of intent to construct (i) a new livestock management
25 facility or livestock waste handling facility serving 1,000
26 or more animal units that does not propose to utilize a
27 lagoon or (ii) a livestock waste management facility or
28 livestock waste handling facility that does propose to
29 utilize a lagoon, the Department shall send a copy of the
30 notice form to the county board of the county in which the
31 facility is to be located and shall publish a public notice
32 in a newspaper of general circulation within the county.
33 After receiving a copy of the notice form from the
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1 Department, the county board may, at its discretion and
2 within 30 days after receipt of the notice, request that the
3 Department conduct an informational meeting concerning the
4 proposed construction that is subject to this Section. In
5 addition, during the county's 30-day review period, county
6 residents may petition the county board of the county where
7 the proposed new facility will be located to request that the
8 Department conduct an informational meeting. When petitioned
9 by 75 or more of the county's residents who are registered
10 voters, the county board shall request that the Department
11 conduct an informational meeting. If the county board
12 requests that the Department conduct the informational
13 meeting, the Department shall conduct the informational
14 meeting within 15 days of the county board's request. If the
15 Department conducts such a meeting, it shall cause notice of
16 the meeting to be published in a newspaper of general
17 circulation in the county and in the State newspaper and
18 shall send a copy of the notice to the County Board. Upon
19 receipt of the notice, the County Board shall post the notice
20 on the public informational board at the county courthouse at
21 least 10 days before the meeting. The owner or operator who
22 submitted the notice of intent to construct to the Department
23 shall appear at the meeting. At the meeting, the Department
24 shall afford members of the public an opportunity to ask
25 questions and present oral or written comments concerning the
26 proposed construction.
27 (b) The county board shall submit at the informational
28 meeting or within 30 days following the meeting an advisory,
29 non-binding recommendation to the Department about the
30 proposed new facility's construction in accordance with the
31 applicable requirements of this Act. The advisory,
32 non-binding recommendation shall contain at a minimum:
33 (1) a statement of whether the proposed facility
34 achieves or fails to achieve each of the 8 siting
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1 criteria as outlined in subsection (d); and
2 (2) a statement of the information and criteria
3 used by the county board in determining that the proposed
4 facility met or failed to meet any of the criteria
5 described in subsection (d).
6 (c) When the county board requests an informational
7 meeting, construction shall not begin until after the
8 informational meeting has been held, the Department has
9 reviewed the county board's recommendation and replied to the
10 recommendation indicating if the proposed new livestock
11 management facility or the new livestock waste handling
12 facility is or will be in compliance with the requirements of
13 the Act, and the owner, operator, or certified manager and
14 operator has received the Department's notice that the
15 setbacks and all applicable requirements of this Act have
16 been met.
17 (d) At the informational meeting for the proposed
18 facility, the Department of Agriculture shall receive
19 evidence by testimony or otherwise on the following subjects:
20 (1) Whether registration and livestock waste
21 management plan certification requirements, if required,
22 are met by the notice of intent to construct.
23 (2) Whether the design, location, or proposed
24 operation will protect the environment by being
25 consistent with this Act.
26 (3) Whether the location minimizes any
27 incompatibility with the surrounding area's character by
28 being located in any area zoned for agriculture where the
29 county has zoning or where the county is not zoned, the
30 setback requirements established by this Act are complied
31 with.
32 (4) Whether the facility is located within a
33 100-year floodplain or an otherwise environmentally
34 sensitive area (defined as an area of karst area or with
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1 aquifer material within 5 feet of the bottom of the
2 livestock waste handling facility) and whether
3 construction standards set forth in the notice of intent
4 to construct are consistent with the goal of protecting
5 the safety of the area.
6 (5) Whether the owner or operator has submitted
7 plans for operation that minimize the likelihood of any
8 environmental damage to the surrounding area from spills,
9 runoff, and leaching.
10 (6) Whether odor control plans are reasonable and
11 incorporate reasonable or innovative odor reduction
12 technologies given the current state of such
13 technologies.
14 (7) Whether traffic patterns minimize the effect on
15 existing traffic flows.
16 (8) Whether construction or modification of a new
17 facility is consistent with existing community growth,
18 tourism, recreation, or economic development or with
19 specific projects involving community growth, tourism,
20 recreation, or economic development that have been
21 identified by government action for development or
22 operation within one year through compliance with
23 applicable zoning and setback requirements for populated
24 areas as established by this Act.
25 (510 ILCS 77/12.1 new)
26 Sec. 12.1. Final determination.
27 (a) Within 15 calendar days of the close of the comment
28 period under subsection (b) of Section 12, the Department
29 shall determine if, more likely than not, the provisions of
30 the Act have been met and shall send notice to the applicant
31 and the county board indicating that construction may
32 proceed. If the Department finds that, more likely than not,
33 the provisions of the Act have not been met the Department
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1 shall send notice to the applicant that construction is
2 prohibited.
3 (a-5) If the Department finds that additional
4 information or that specific changes are needed in order to
5 assist the Department in making the determination under
6 subsection (a) of this Section, the Department may request
7 such information or changes from the owner or operator of the
8 new livestock waste handling facility or waste management
9 facility.
10 (b) If no informational meeting is held, the Department
11 shall, within 15 calendar days following the end of the
12 period for the county board to request an informational
13 meeting, notify the owner or operator that construction may
14 begin or that clarification is needed.
15 (c) If the owner or operator of a proposed livestock
16 management facility or livestock waste handling facility
17 amends the facility plans during the Department's review, the
18 Department shall notify the county board, which may exercise
19 its option of a public informational meeting pursuant to
20 Section 12 of this Act.
21 (d) If the owner or operator of a proposed new livestock
22 management or new livestock waste handling facility amends
23 the facility plans during the Department's review process by
24 increasing the animal unit capacity of the facility such that
25 the required setback distances will be increased, the owner
26 or operator shall submit a revised notice of intent to
27 construct and comply with applicable provisions of this Act.
28 (510 ILCS 77/13 new)
29 Sec. 13. Livestock waste handling facilities other than
30 earthen livestock waste lagoons; construction standards;
31 certification; inspection; removal-from-service requirements.
32 (a) After the effective date of this amendatory Act of
33 1999, livestock waste handling facilities other than earthen
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1 livestock waste lagoons used for the storage of livestock
2 waste shall be constructed in accordance with this Section.
3 (1) Livestock waste handling facilities constructed
4 of concrete shall meet the strength and load factors set
5 forth in the Midwest Plan Service's Concrete Manure
6 Storage Handbook (MWPS-36) and future updates. In
7 addition, those structures shall meet the following
8 requirements:
9 (A) Waterstops shall be incorporated into the
10 design of the storage structure when consistent with
11 the requirements of paragraph (1) of this
12 subsection;
13 (B) Storage structures that handle waste in a
14 liquid form shall be designed to contain a volume of
15 not less than the amount of waste generated during
16 150 days of facility operation at design capacity;
17 and
18 (C) Storage structures not covered or
19 otherwise protected from precipitation shall, in
20 addition to the waste storage volume requirements of
21 subparagraph (B) of paragraph (1) of this
22 subsection, include a 2-foot freeboard.
23 (2) A livestock waste handling facility in a
24 prefabricated form shall meet the strength, load, and
25 compatibility factors for its intended use. Those
26 factors shall be verified by the manufacturer's
27 specifications.
28 (3) Livestock waste handling facilities holding
29 semi-solid livestock waste, including but not limited to
30 picket dam structures, shall be constructed according to
31 the requirements set forth in the Midwest Plan Service's
32 Livestock Waste Facilities Handbook (MWPS-18) and future
33 updates or similar standards used by the Natural
34 Resources Conservation Service of the United States
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1 Department of Agriculture.
2 (4) Livestock waste handling facilities holding
3 solid livestock waste shall be constructed according to
4 the requirements set forth in the Midwest Plan Service's
5 Livestock Waste Facilities Handbook (MWPS-18) and future
6 updates or similar standards used by the Natural
7 Resources Conservation Service of the United States
8 Department of Agriculture. In addition, solid livestock
9 waste stacking structures shall be sized to store not
10 less than the amount of waste generated during 6 months
11 of facility operation at design capacity.
12 (5) Holding ponds used for the temporary storage of
13 livestock feedlot run-off shall be constructed according
14 to the requirements set forth in the Midwest Plan
15 Service's Livestock Waste Facilities Handbook (MWPS-18)
16 and future updates or similar standards used by the
17 Natural Resources Conservation Service of the United
18 States Department of Agriculture.
19 (b) New livestock management facilities and livestock
20 waste handling facilities constructed after the effective
21 date of this amendatory Act of 1999 shall be subject to the
22 additional construction requirements and siting prohibitions
23 provided in this subsection (b).
24 (1) No new non-lagoon livestock management facility
25 or livestock waste handling facility may be constructed
26 within the floodway of a 100-year floodplain. A new
27 livestock management facility or livestock waste handling
28 facility may be constructed within the portion of a
29 100-year floodplain that is within the flood fringe and
30 outside the floodway provided that the facility is
31 designed and constructed to be protected from flooding
32 and meets the requirements set forth in the Rivers,
33 Lakes, and Streams Act, Section 5-40001 of the Counties
34 Code, and Executive Order Number 4 (1979). The
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1 delineation of floodplains, floodways, and flood fringes
2 shall be in compliance with the National Flood Insurance
3 Program. Protection from flooding shall be consistent
4 with the National Flood Insurance Program and shall be
5 designed so that stored livestock waste is not readily
6 removed.
7 (2) A new non-lagoon livestock waste handling
8 facility constructed in a karst area shall be designed to
9 prevent seepage of the stored material into groundwater
10 in accordance with ASAE 393.2 or future updates. Owners
11 or operators of proposed facilities should consult with
12 the local soil and water conservation district, the
13 University of Illinois Cooperative Extension Service, or
14 other local, county, or State resources relative to
15 determining the possible presence or absence of such
16 areas. Notwithstanding the other provisions of this
17 paragraph (2), after the effective date of this
18 amendatory Act of 1999, no non-lagoon livestock waste
19 handling facility may be constructed within 400 feet of
20 any natural depression in a karst area formed as a result
21 of subsurface removal of soil or rock materials that has
22 caused the formation of a collapse feature that exhibits
23 internal drainage. For the purposes of this paragraph
24 (2), the existence of such a natural depression in a
25 karst area shall be indicated by the uppermost closed
26 depression contour lines on a USGS 7 1/2 minute
27 quadrangle topographic map or as determined by Department
28 field investigation in a karst area.
29 (3) A new non-lagoon livestock waste handling
30 facility constructed in an area where aquifer material is
31 present within 5 feet of the bottom of the facility shall
32 be designed to ensure the structural integrity of the
33 containment structure and to prevent seepage of the
34 stored material to groundwater. Footings and underlying
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1 structure support shall be incorporated into the design
2 standards of the storage structure in accordance with the
3 requirements of Section 4.1 of the American Society of
4 Agricultural Engineers (ASAE) EP 393.2 or future updates.
5 (c) A livestock waste handling facility owner may rely
6 on guidance from the local soil and water conservation
7 district, the Natural Resources Conservation Service of the
8 United States Department of Agriculture, or the University of
9 Illinois Cooperative Extension Service for soil type and
10 associated information.
11 (d) The standards in subsections (a) and (b) shall serve
12 as interim construction standards until such time as
13 permanent rules promulgated pursuant to Section 55 of this
14 Act become effective. In addition, the Department and the
15 Board shall utilize the interim standards in subsections (a)
16 and (b) as a basis for the development of such permanent
17 rules.
18 (e) The owner or operator of a livestock management
19 facility or livestock waste handling facility may, with the
20 approval of the Department, elect to exceed the strength and
21 load requirements as set forth in this Section.
22 (f) The owner or operator of a livestock management
23 facility or livestock waste handling facility shall send, by
24 certified mail or in person, to the Department a
25 certification of compliance together with copies of
26 verification documents upon completion of construction. In
27 the case of structures constructed with the design standards
28 used by the Natural Resources Conservation Service of the
29 United States Department of Agriculture, copies of the design
30 standards and a statement of verification signed by a
31 representative of the United States Department of Agriculture
32 shall accompany the owner's or operator's certification of
33 compliance. The certification shall state that the structure
34 meets or exceeds the requirements in subsection (a) of this
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1 Section. A $250 filing fee shall accompany the statement.
2 (g) The Department shall inspect the construction site
3 prior to construction, during construction, and within 10
4 business days following receipt of the certification of
5 compliance to determine compliance with the construction
6 standards.
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 5 business days of the
24 date of inspection, send an official written notice to the
25 owner or operator of the livestock waste handling facility by
26 certified mail, return receipt requested, indicating that the
27 facility meets the standards set forth in this Section or
28 identifying the remedial measures necessary to enable the
29 livestock waste handling facility to meet the standards set
30 forth in this Section. The owner or operator shall, within
31 10 business days of receipt of an official written notice of
32 deficiencies, contact the Department to develop the
33 principles of an agreement of compliance. The owner or
34 operator and the Department shall enter into an agreement of
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1 compliance setting forth the specific changes to be made to
2 bring the construction into compliance with the standards
3 required under this Section. If an agreement of compliance
4 cannot be achieved, the Department shall issue a compliance
5 order to the owner or operator outlining the specific changes
6 to be made to bring the construction into compliance with the
7 standards required under this Section. The owner or operator
8 can request an administrative hearing to contest the
9 provisions of the Department's compliance order.
10 (j) If any owner or operator operates in violation of an
11 agreement of compliance, the Department shall seek an
12 injunction in circuit court to prohibit the operation of the
13 facility until construction and certification of the
14 livestock waste handling facility are in compliance with the
15 provisions of this Section.
16 (k) When any livestock management facility not using an
17 earthen livestock waste lagoon is removed from service, the
18 accumulated livestock waste remaining within the facility
19 shall be removed and applied to land at rates consistent with
20 a waste management plan for the facility. Removal of the
21 waste shall occur within 12 months after the date livestock
22 production at the facility ceases. In addition, the owner or
23 operator shall make provisions to prevent the accumulation of
24 precipitation within the livestock waste handling facility.
25 Upon completion of the removal of manure, the owner or
26 operator of the facility shall notify the Department that the
27 facility is being removed from service and the remaining
28 manure has been removed. The Department shall conduct an
29 inspection of the livestock waste handling facility and
30 inform the owner or operator in writing that the requirements
31 imposed under this subsection (k) have been met or that
32 additional actions are necessary. Commencement of operations
33 at a facility that has livestock shelters left intact and
34 that has completed the requirements imposed under this
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1 subsection (k) and that has been operated as a livestock
2 management facility or livestock waste handling facility for
3 4 consecutive months at any time within the previous 10 years
4 shall not be considered a new or expanded livestock
5 management or waste handling facility. A new facility
6 constructed after May 21, 1996 that has been removed from
7 service for a period of 2 or more years shall not be placed
8 back into service prior to an inspection of the livestock
9 waste handling facility and receipt of written approval by
10 the Department.
11 (510 ILCS 77/15)
12 Sec. 15. Livestock waste lagoon.
13 (a) Standards for livestock waste lagoon construction.
14 Any earthen livestock waste lagoon subject to registration
15 shall be constructed or modified in accordance with "Design
16 of Anaerobic Lagoons for Animal Waste Management" promulgated
17 by the American Society of Agricultural Engineers or the
18 national guidelines as published by the United States
19 Department of Agriculture Natural Resource Conservation
20 Service in Illinois and titled Waste Treatment Lagoon. The
21 owner or operator of the earthen livestock lagoon may, with
22 approval from the Department, modify or exceed these
23 standards in order to meet site specific objectives.
24 Notwithstanding any other requirement of this subsection,
25 every earthen livestock waste lagoon shall include the
26 construction of a secondary berm, filter strip, grass
27 waterway, or terrace, or any combination of those, outside
28 the perimeter of the primary berm if an engineer licensed
29 under the Professional Engineering Practice Act of 1989 and
30 retained by the registrant determines, with the concurrence
31 of the Department, that construction of such a secondary berm
32 or other feature or features is necessary in order to ensure
33 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 1999 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 so that
20 livestock waste is not readily removed during flooding
21 and meets the requirements set forth in the Rivers,
22 Lakes, and Streams Act, Section 5-40001 of the Counties
23 Code, and Executive Order Number 4 (1979). The
24 delineation of floodplains, floodways, and flood fringes
25 shall be in compliance with the National Flood Insurance
26 Program.
27 (2) A new earthen livestock waste lagoon
28 constructed in a karst area shall be designed to prevent
29 seepage of the stored material to groundwater. Owners or
30 operators of proposed facilities shall consult with the
31 local soil and water conservation district, the
32 University of Illinois Cooperative Extension Service, or
33 other local, county, or State resources relative to
34 determining the possible presence or absence of such
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1 areas. Notwithstanding the other provisions of this
2 paragraph (2), after the effective date of this
3 amendatory Act of 1999, no earthen livestock waste lagoon
4 may be constructed within 400 feet of any natural
5 depression in a karst area formed as a result of
6 subsurface removal of soil or rock materials that has
7 caused the formation of a collapse feature that exhibits
8 internal drainage. For the purposes of this paragraph
9 (2), the existence of such natural depression in a karst
10 area shall be indicated by the uppermost closed
11 depression contour lines on a USGS 7 1/2 minute
12 quadrangle topographic map or as determined by Department
13 field investigation in a karst area.
14 (b) Registration and certification. Any earthen
15 livestock waste lagoon newly constructed or modified (does
16 not include repairs) after the effective date of rules
17 adopted for the implementation of this Act shall be
18 registered by the owner or operator with the Department on a
19 form provided by the Department. Lagoons constructed prior
20 to the effective date of rules adopted for the implementation
21 of this Act may register with the Department at no charge.
22 In order to give the Department notice of the owner's or
23 operator's intent to construct or modify an earthen livestock
24 waste lagoon, the owner or operator shall register such
25 lagoon with the Department during the preconstruction phase.
26 Construction shall not begin until 30 days after submittal of
27 a registration form by certified mail to the Department.
28 When an informational meeting is requested by the county,
29 construction shall not begin until after the informational
30 meeting has been held.
31 Livestock waste lagoon registration forms shall be made
32 available to producers at offices of the Department of
33 Agriculture, Cooperative Extension Service, and Soil and
34 Water Conservation Districts.
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1 Registration information shall include the following:
2 (1) Name(s) and address(es) of the owner and
3 operator who are responsible for the livestock waste
4 lagoon.
5 (2) General location of lagoon.
6 (3) Design construction plans and specifications.
7 (4) Specific location information:
8 (A) Distance to a private or public potable
9 well;
10 (B) Distance to closest occupied private
11 residence (other than any occupied by owner or
12 operator);
13 (C) Distance to nearest stream; and
14 (D) Distance to nearest populated area.
15 (5) Anticipated beginning and ending dates of
16 construction.
17 (6) Type of livestock and number of animal units.
18 The Department of Agriculture upon receipt of a livestock
19 waste lagoon registration form shall review the form to
20 determine that all required information has been provided.
21 The person filing the registration shall be notified within
22 15 working days that the registration is complete or that
23 clarification of information is needed. No later than 10
24 working days after receipt of the clarification information,
25 the Department shall notify the owner or operator that the
26 registration is complete.
27 The Department shall inspect an earthen livestock waste
28 lagoon during preconstruction, construction, and
29 post-construction. The Department shall require
30 modifications when necessary to bring construction in
31 compliance with the standards as set forth in subsection (a)
32 of Section 15. The person making the inspection shall
33 discuss with the owner, operator, or certified livestock
34 manager an evaluation of the livestock waste lagoon
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1 construction and shall (i) provide on-site written
2 recommendations to the owner, operator, or certified
3 livestock manager of what modifications are necessary or (ii)
4 inform the owner, operator, or certified livestock manager
5 that the lagoon meets the standards set forth in subsection
6 (a) of Section 15. On the day of the inspection, the person
7 making the inspection shall give the owner, operator, or
8 certified livestock manager a written report of his or her
9 findings based on the inspection, together with an
10 explanation of any remedial measures necessary to enable the
11 lagoon to meet the standards set forth in subsection (a).
12 The person making any inspection shall comply with
13 reasonable animal health protection procedures as requested
14 by the owner, operator, or certified livestock manager.
15 Upon completion of the construction or modification, but
16 prior to placing the lagoon in service, the owner or operator
17 of the livestock waste lagoon shall certify on a form
18 provided by the Department that the lagoon has been
19 constructed or modified in accordance with the standards set
20 forth in subsection (a) of Section 15 and that the
21 information provided on the registration form is correct.
22 (1) The certification notice to the Department
23 shall include a certification statement and signature.
24 (2) The certification shall state: "I hereby
25 certify that the information provided on this form is
26 correct and that the lagoon has been constructed in
27 accordance with the standards as required by the
28 Livestock Management Facilities Act."
29 Within 10 business days of receipt of the certification
30 of compliance, the Department shall inspect the lagoon site.
31 The Department shall, within 5 business days of the date of
32 inspection, send an official written notice by certified
33 mail, return receipt requested, to the owner or operator of
34 the facility indicating that all the requirements of this
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1 Section have been met or that deficiencies exist that must be
2 corrected prior to the completion of the lagoon registration
3 process and the placement of the lagoon into service. The
4 owner or operator of the lagoon may proceed to place the
5 lagoon in service after receipt of the Department's notice
6 that all the requirements of this Section have been met no
7 earlier than 10 working days after submitting to the
8 Department a certification of compliance statement.
9 (b-5) Public informational meeting. Within 7 days after
10 receiving a registration form giving notice of an intent to
11 construct or modify an earthen livestock waste lagoon after
12 the effective date of this amendatory Act of 1997, the
13 Department shall send a copy of the registration form to the
14 county board of the county in which the lagoon is or is to
15 be located. After receiving a copy of a lagoon registration
16 form from the Department under this subsection, within 30
17 days the county board may at its discretion request that the
18 Department conduct a public informational meeting within 15
19 days of the request concerning the proposed construction or
20 modification of the lagoon. If the Department conducts such
21 a meeting, then at least 10 days before the meeting, the
22 Department shall cause notice of the meeting to be published
23 in a newspaper of general circulation in the county or the
24 State newspaper. The owner or operator who submitted the
25 registration form to the Department shall appear at the
26 meeting. At the meeting, the Department shall afford members
27 of the public an opportunity to ask questions and present
28 oral or written testimony concerning the proposed
29 construction or modification of the lagoon.
30 (c) Complaint procedure. Any person having a complaint
31 concerning an earthen livestock waste lagoon may file a
32 complaint with the Agency. If the Agency finds that
33 groundwater has been negatively impacted because of
34 structural problems with the earthen lagoon, the Agency shall
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1 notify the Department that modification of the lagoon is
2 necessary. The livestock owner or operator or the Department
3 may request guidance from the United States Department of
4 Agriculture Natural Resource Conservation Service or the
5 University of Illinois Cooperative Extension Service.
6 The person making any inspection shall comply with animal
7 health protection procedures as requested by the owner or
8 operator.
9 Any earthen livestock waste lagoon in service prior to
10 the effective date of the rules for implementation of this
11 Act is not subject to registration but is only subject to the
12 complaint procedure. However, any such livestock waste
13 lagoon found impacting groundwater shall be required to be
14 repaired, modified, or have procedures instituted so
15 groundwater is not negatively impacted.
16 If an investigation reveals groundwater has been
17 negatively impacted, the Department and Agency shall
18 cooperate with the owner or operator of the affected
19 livestock waste lagoon to provide a reasonable solution to
20 protect the groundwater.
21 Nothing in this Section shall limit the Agency's
22 authority under the Environmental Protection Act to
23 investigate and respond to violations of the Environmental
24 Protection Act or rules adopted under that Act.
25 (d) Livestock waste lagoon registration fee. The
26 livestock waste lagoon registration fee is $250 $50.
27 (d-5) Reporting release of waste. An owner or operator
28 of a lagoon shall report to the Agency any release of
29 livestock waste from a lagoon within 24 hours after the
30 discovery of the release. The procedure for reporting
31 releases shall be adopted by the Agency by rule.
32 For a first violation of this subsection (d-5) by the
33 owner or operator of a livestock management facility or
34 livestock waste handling facility, the Department shall send
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1 the owner or operator a written notice of the violation by
2 certified mail, return receipt requested.
3 If after an administrative hearing the Department finds
4 that the owner or operator of a livestock management facility
5 or livestock waste handling facility has committed a second
6 violation of this subsection (d-5), the Department shall
7 impose on the owner or operator a civil administrative
8 penalty in an amount not exceeding $1,000. The Attorney
9 General may bring an action in the circuit court to enforce
10 the collection of a penalty imposed under this subsection
11 (d-5).
12 If after an administrative hearing the Department finds
13 that the owner or operator of a livestock management facility
14 or livestock waste handling facility has committed a third
15 violation of this subsection (d-5), the Department shall
16 enter an administrative order directing that the owner or
17 operator cease operation of the facility until the violation
18 is corrected.
19 If a livestock management facility or livestock waste
20 handling facility has not committed a violation of this
21 subsection (d-5) within the 5 years immediately preceding a
22 violation, the violation shall be construed and treated as a
23 first violation.
24 (e) Closure of livestock waste lagoons. When any earthen
25 livestock waste lagoon is removed from service, it shall be
26 completely emptied. Appropriate closure procedures shall be
27 followed as determined by rule. The remaining hole must be
28 filled. The closure requirements shall be completed within
29 two years from the date of cessation of operation unless the
30 lagoon is maintained or serviced. The Department may grant a
31 waiver to the before-stated closure requirements that will
32 permit the lagoon to be used for an alternative purpose.
33 Upon a change in ownership of a registered earthen
34 livestock waste lagoon, the owner shall notify the Department
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1 of the change within 30 working days of the closing of the
2 transaction.
3 (f) Administrative authority. All actions of the
4 Department of Agriculture are subject to the Illinois
5 Administrative Procedure Act.
6 Any earthen livestock waste lagoon subject to
7 registration shall not begin operation until the owner or
8 operator of the lagoon has met the requirements of this Act.
9 The owner or operator of any earthen livestock waste
10 lagoon subject to registration that has not been registered
11 or constructed in accordance with standards set forth in
12 subsection (a) of Section 15 shall, upon being identified as
13 such by the Department, be given written notice by the
14 Department to register and certify the lagoon within 10
15 working days of receipt of the notice. The Department may
16 inspect such lagoon and require compliance in accordance with
17 subsections (a) and (b) of this Section. If the owner or
18 operator of the livestock waste lagoon that is subject to
19 registration fails to comply with the notice, the Department
20 may issue a cease and desist order until such time as
21 compliance is obtained with the requirements of this Act.
22 Failure to construct the lagoon in accordance with the
23 construction plan and Department recommendations is a
24 business offense punishable by a fine of not more than
25 $5,000.
26 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
27 (510 ILCS 77/18 new)
28 Sec. 18. Reporting release of waste.
29 (a) An owner or operator of a livestock waste handling
30 facility shall report to the Agency any release of livestock
31 waste from a livestock waste handling facility or from the
32 transport of livestock waste within 24 hours after discovery
33 of the release. Reporting shall not be required in the case
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1 of a release of less than 25 gallons that is not released to
2 the waters of the State or from a controlled and recovered
3 release during field application. For the purposes of this
4 subsection (a), waters of the State do not include small
5 temporary accumulations of surface water from precipitation
6 or irrigation systems. The procedure for reporting releases
7 shall be adopted by the Agency by rule.
8 (b) For a first violation of failing to report a release
9 by the owner or operator of a livestock waste handling
10 facility, the Department shall hold an administrative
11 hearing. If, after an administrative hearing, the Department
12 finds that an owner or operator of a livestock waste handling
13 facility has violated subsection (a) of this Act, the
14 Department shall assess a fine not exceeding $1,000.
15 (c) For a second violation of failing to report a
16 release by the owner or operator of a livestock waste
17 handling facility within a 5-year period, the Department
18 shall hold an administrative hearing. If, after the
19 administrative hearing, the Department finds that the owner
20 or operator of a livestock waste handling facility has
21 committed a second violation of failing to report a release
22 within a 5-year period, the Department shall impose on the
23 owner or operator an administrative penalty in an amount not
24 exceeding $2,500. The Attorney General may bring an action
25 in the circuit court to enforce the collection of a penalty
26 imposed for failing to report a release.
27 (d) For a third or subsequent violation of failing to
28 report a release by the owner or operator of a livestock
29 waste handling facility within a 5-year period, the
30 Department shall hold an administrative hearing. If, after
31 the administrative hearing, the Department finds that the
32 owner or operator of a livestock waste handling facility has
33 committed a third or subsequent violation of failing to
34 report a release within a 5-year period, the Department shall
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1 impose on the owner or operator an administrative penalty in
2 an amount not exceeding $5,000 and shall seek an injunction
3 in the circuit court through the Attorney General of the
4 State of Illinois. The Attorney General may bring action in
5 the circuit court to enforce the collection of a penalty
6 imposed for failing to report a release.
7 (e) If the owner or operator of a livestock waste
8 handling facility has not committed a violation of failing to
9 report a release within the 5 years immediately preceding a
10 violation, a violation shall be considered and treated as a
11 first violation.
12 (510 ILCS 77/20)
13 Sec. 20. Handling, storing and disposing of livestock
14 waste.
15 (a) The livestock management facility owner or operator
16 shall comply with the requirements for handling, storing, and
17 disposing of livestock wastes as set forth in the rules
18 adopted pursuant to the Illinois Environmental Protection Act
19 concerning agriculture related pollution.
20 (b) The livestock management facility owner or operator
21 at a facility of less than 1,000 animal units shall not be
22 required to prepare and maintain a waste management plan.
23 (c) The livestock management facility owner or operator
24 at a facility of 1,000 or greater animal units but less than
25 5,000 7,000 animal units shall prepare and maintain on file
26 at the livestock management facility a general waste
27 management plan. Notwithstanding this requirement, a
28 livestock management facility subject to this subsection may
29 be operated on an interim basis but not to exceed 6 months
30 after the effective date of the rules promulgated pursuant to
31 this Act to allow for the owner or operator of the facility
32 to develop a waste management plan. The waste management
33 plan shall be available for inspection during normal business
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1 hours by Department personnel.
2 (d) The livestock management facility owner or operator
3 at a facility of 5,000 7,000 or greater animal units shall
4 prepare, maintain, and submit to the Department the waste
5 management plan for approval. Approval of the waste
6 management plan shall be predicated on compliance with
7 provisions of subsection (f). The waste management plan shall
8 be approved by the Department before operation of the
9 facility or in the case of an existing facility, the waste
10 management plan shall be submitted within 60 working days
11 after the effective date of the rules promulgated pursuant to
12 this Act.
13 The owner or operator of an existing livestock management
14 facility that through growth meets or exceeds 5,000 7,000
15 animal units shall file its waste management plan with the
16 Department within 60 working days after reaching the stated
17 animal units.
18 The owner or operator of a livestock management facility
19 that is subject to this subsection (d) shall file within 60
20 working days with the Department a revised waste management
21 plan when there is a significant change as provided in
22 subsection (e) of this Section in items (1), (2), or (10) of
23 subsection (f) that will materially affect compliance with
24 the waste management plan.
25 (d-5) The owner or operator of multiple livestock
26 management facilities under common facility ownership where
27 the cumulative animal units of the facilities are equal to or
28 greater than the animal unit numbers provided for in
29 subsection (c) of this Section shall prepare and keep on file
30 at each facility a waste management plan in accordance with
31 the requirements of subsection (c). The owner or operator of
32 multiple livestock management facilities that are under
33 common facility ownership where the cumulative animal units
34 of the facilities are equal to or greater than the animal
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1 unit numbers provided for in subsection (d) of this Section
2 shall prepare and file with the Department a waste management
3 plan in accordance with the provisions of subsection (d).
4 Cumulative animal units shall be determined by combining the
5 animal units of multiple livestock management facilities
6 under the common facility ownership based upon the design
7 capacity of each facility. For the purposes of this
8 subsection (d-5), "under common facility ownership" means the
9 same person or persons own, directly or indirectly, through
10 majority owned business entities at least 51% of any person
11 or persons (as defined by Section 10.55) that own or operate
12 the livestock management facility or livestock waste handling
13 facility located in the State of Illinois.
14 (e) The owner or operator of a livestock management
15 facility shall update the waste management plan when there is
16 a change in values shown in the plan under item (1) of
17 subsection (f) of this Section. The waste management plan and
18 records of livestock waste disposal shall be kept on file for
19 three years.
20 (f) The application of livestock waste to the land is an
21 acceptable, recommended, and established practice in
22 Illinois. However, when livestock waste is not applied in a
23 responsible manner, it may create pollutional problems. It
24 should be recognized that research relative to livestock
25 waste application based on livestock waste nutrient content
26 is currently ongoing. The Dean of the College of
27 Agricultural, Consumer and Environmental Sciences at the
28 University of Illinois, or his or her designee, shall
29 annually report to the Advisory Committee on the status of
30 phosphorus research, including research that has been
31 supported in whole or in part by the Council for Food and
32 Agricultural Research. The Advisory Committee may also
33 consult with other appropriate research entities on the
34 status of phosphorus research. It is considered acceptable
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1 to prepare and implement a waste management plan based on a
2 nitrogen rate, unless otherwise restricted by this Section.
3 It should be recognized that, in most cases, if the agronomic
4 nitrogen rate is met, the phosphorus applied will exceed the
5 crop requirements, but not all of the phosphorus may be
6 available for use by the crop. It will be considered
7 acceptable, therefore, to prepare and implement a waste
8 management plan based on the nitrogen rate. The waste
9 management plan shall include the following:
10 (1) An estimate of the volume of livestock waste to
11 be disposed of annually, which shall be obtained by
12 multiplying the design capacity of the facility by the
13 appropriate amount of waste generated by the animals.
14 The values showing the amount of waste generated in Table
15 2-1, Midwest Plan Service's, MWPS-18, Livestock Waste
16 Management Facilities Handbook or Design Criteria for the
17 field application of livestock waste adopted by the
18 Agency may be used.
19 (2) The number of acres available for disposal of
20 the waste, whether they are owned by the owner or
21 operator of the livestock waste management facility or
22 are shown to be contracted with another person or persons
23 for disposal of waste.
24 (3) An estimate of the nutrient value of the waste.
25 The owner or operator may prepare a plan based on an
26 average of the minimum and maximum numbers in the table
27 values derived from Midwest Plan Service's, MWPS-18,
28 Livestock Waste Facilities Handbook, the Agency's
29 Agriculture Related Pollution regulations, or the results
30 of analysis performed on samples of waste. For the
31 purposes of compliance with this subsection, the nutrient
32 values of livestock waste may vary as indicated in the
33 source table. In the case of laboratory analytical
34 results, the nutrient values may vary with the accuracy
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1 of the analytical method.
2 (3.5) Results of the Bray P1 or Mehlich test for
3 soil phosphorus reported in pounds of elemental
4 phosphorus per acre. Soil samples shall be obtained and
5 analyzed from the livestock waste application fields on
6 land owned or under the control of the owner or operator
7 where applications are planned. Fields where livestock
8 waste is applied shall be sampled every 3 years. Sampling
9 procedures, such as the number of samples and the depth
10 of sampling, as outlined in the current edition of the
11 Illinois Agronomy Handbook shall be followed when soil
12 samples are obtained.
13 (3.6) If the average Bray P1 or Mehlich test result
14 for soil phosphorus calculated from samples obtained from
15 the application field is 300 pounds or less of elemental
16 phosphorus per acre, livestock waste may continue to be
17 applied to that field in accordance with subsection (f)
18 of this Section. If the average Bray P1 or Mehlich test
19 result for soil phosphorus for an application field is
20 greater than 300 pounds of elemental phosphorus per acre,
21 the owner or operator shall apply livestock waste at the
22 phosphorus rate to the field until the average Bray P1 or
23 Mehlich test for soil phosphorus indicates there is less
24 than 300 pounds of elemental phosphorus per acre. Upon
25 the development of a phosphorus index that is approved
26 subject to the provisions established in Section 55 of
27 this Act, the owner or operator shall use such index in
28 lieu of the 300 pounds of elemental phosphorus per acre.
29 (4) An indication that the livestock waste will be
30 applied at rates not to exceed the agronomic nitrogen
31 demand of the crops to be grown when averaged over a
32 5-year period.
33 (5) A provision that livestock waste applied within
34 1/4 mile of any residence not part of the facility shall
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1 be injected or incorporated on the day of application.
2 However, livestock management facilities and livestock
3 waste handling facilities that have irrigation systems in
4 operation prior to the effective date of this Act or
5 existing facilities applying waste on frozen ground are
6 not subject to the provisions of this item (5).
7 (6) A provision that livestock waste may not be
8 applied within 200 feet of surface water unless the water
9 is upgrade or there is adequate diking, and waste will
10 not be applied within 150 feet of potable water supply
11 wells.
12 (7) A provision that livestock waste may not be
13 applied in a 10-year flood plain unless the injection or
14 incorporation method of application is used.
15 (8) A provision that livestock waste may not be
16 applied in waterways.
17 (9) A provision that if waste is spread on frozen
18 or snow-covered land, the application will be limited to
19 land areas on which:
20 (A) land slopes are 5% or less, or
21 (B) adequate erosion control practices exist.
22 (10) Methods for disposal of animal waste.
23 (g) Any person who is required to prepare and maintain a
24 waste management plan and who fails to do so shall be issued
25 a warning letter by the Department for the first violation
26 and shall be given 30 working days to prepare a waste
27 management plan. For failure to prepare and maintain a waste
28 management plan, the person shall be fined an administrative
29 penalty of up to $1,000 by the Department and shall be
30 required to enter into an agreement of compliance to prepare
31 and maintain a waste management plan within 30 working days.
32 For failure to prepare and maintain a waste management plan
33 after the second 30 day period or for failure to enter into a
34 compliance agreement, the Department may issue an operational
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1 cease and desist order until compliance is attained.
2 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
3 (510 ILCS 77/35)
4 Sec. 35. Setbacks for livestock management and livestock
5 handling facilities.
6 (a) Grandfather provision; facilities in existence prior
7 to July 15, 1991. Livestock management facilities and
8 livestock waste handling facilities in existence prior to
9 July 15, 1991 shall comply with setbacks in existence prior
10 to July 15, 1991, as set forth in the Illinois Environmental
11 Protection Act and rules promulgated under that Act.
12 (b) Grandfather provision; facilities in existence on
13 effective date and after July 15, 1991. Livestock management
14 facilities and livestock waste handling facilities in
15 existence on the effective date of this Act but after July
16 15, 1991 shall comply with setbacks in existence prior to the
17 effective date of this Act, as set forth in the Illinois
18 Environmental Protection Act and rules promulgated under that
19 Act.
20 (c) New livestock management or livestock waste handling
21 facilities. Any new facility shall comply with the following
22 setbacks:
23 (1) For purposes of determining setback distances,
24 minimum distances shall be measured from the nearest
25 corner of the residence or place of common assembly to
26 the nearest corner of the earthen waste lagoon or
27 livestock management facility, whichever is closer.
28 (2) A livestock management facility or livestock
29 waste handling facility serving less than 50 animal
30 units shall be exempt from setback distances as set forth
31 in this Act but shall be subject to rules promulgated
32 under the Illinois Environmental Protection Act.
33 (3) For a livestock management facility or waste
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1 handling facility serving 50 or greater but less than
2 1,000 animal units, the minimum setback distance shall be
3 1/4 mile from the nearest occupied non-farm residence and
4 1/2 mile from the nearest populated area.
5 (4) For a livestock management facility or
6 livestock waste handling facility serving 1,000 or
7 greater but less than 7,000 animal units, the setback is
8 as follows:
9 (A) For a populated area, the minimum setback
10 shall be increased 440 feet over the minimum setback
11 of 1/2 mile for each additional 1,000 animal units
12 over 1,000 animal units.
13 (B) For any occupied residence, the minimum
14 setback shall be increased 220 feet over the minimum
15 setback of 1/4 mile for each additional 1,000 animal
16 units over 1,000 animal units.
17 (5) For a livestock management facility or
18 livestock waste handling facility serving 7,000 or
19 greater animal units, the setback is as follows:
20 (A) For a populated area, the minimum setback
21 shall be 1 mile.
22 (B) For any occupied residence, the minimum
23 setback shall be 1/2 mile.
24 (d) Requirements governing the location of a new
25 livestock management facility and new livestock
26 waste-handling facility and conditions for exemptions or
27 compliance with the maximum feasible location as provided in
28 rules adopted pursuant to the Illinois Environmental
29 Protection Act concerning agriculture regulated pollution
30 shall apply to those facilities identified in subsections (b)
31 and (c) of this Section. With regard to the maximum feasible
32 location requirements, any reference to a setback distance in
33 the rules under the Illinois Environmental Protection Act
34 shall mean the appropriate distance as set forth in this
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1 Section.
2 (e) Setback category shall be determined by the design
3 capacity in animal units of the livestock management
4 facility.
5 (f) Setbacks may be decreased when innovative designs as
6 approved by the Department are incorporated into the
7 facility.
8 (g) A setback may be decreased when waivers are obtained
9 from owners of residences that are occupied and located in
10 the setback area.
11 (Source: P.A. 89-456, eff. 5-21-96.)
12 (510 ILCS 77/55)
13 Sec. 55. Rules; Livestock Management Facilities Advisory
14 Committee.
15 (a) There is hereby established a Livestock Management
16 Facilities Advisory Committee, which shall include the
17 Directors of the Department of Agriculture, the Environmental
18 Protection Agency, the Department of Natural Resources, and
19 the Department of Public Health, or their designees. The
20 Director of Agriculture or his or her designee shall serve as
21 the Chair of the Advisory Committee. Members of the Advisory
22 Committee may organize themselves as they deem necessary and
23 shall serve without compensation.
24 (b) The Advisory Committee shall review, evaluate, and
25 make recommendations to the Department of Agriculture for
26 rules necessary for the implementation of this Act. Based
27 upon the recommendations of the Advisory Committee, the
28 Department of Agriculture shall: (i), within 6 months after
29 the effective date of this Act, propose rules to the
30 Pollution Control Board for the implementation of design and
31 construction standards for livestock waste handling
32 facilities as set forth in Sections 13 and 15(a-5) of this
33 Act based upon the standards set forth in the American
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1 Society of Agricultural Engineers' Standards, Engineering
2 Practices and Data (ASAE Standards) and future updates,
3 Midwest Plan Service's Concrete Manure Storage Handbook
4 (MWPS-36) and future updates and related supplemental
5 technical documents, the Midwest Plan Service's Livestock
6 Waste Facilities Handbook (MWPS-18) and future updates and
7 related supplemental technical documents or similar standards
8 used by the Natural Resources Conservation Service of the
9 United States Department of Agriculture; and (ii) on and
10 after the effective date of this amendatory Act of 1999,
11 provide public notice in the State newspaper, the Illinois
12 Register, and on the Department's Internet website; hold
13 public hearings during the first notice period; and take
14 public comments and adopt rules pursuant to the Illinois
15 Administrative Procedure Act for all Sections of this Act
16 other than design and construction standards for livestock
17 waste handling facility as set forth in Sections 13 and
18 15(a-5).
19 (c) Within 6 months after the Department of Agriculture
20 proposing rules to The Pollution Control Board, the Board
21 shall hold hearings on and adopt rules for the implementation
22 of design and construction standards for livestock waste
23 handling facilities as set forth in Sections 13 and 15(a-5)
24 of this Act in the manner provided for in Sections 27 and 28
25 of the Environmental Protection Act. Rules adopted pursuant
26 to this Section shall take into account all available
27 pollution control technologies and, shall be technologically
28 feasible and economically reasonable, and may make
29 distinctions for the type and size of livestock management
30 and livestock management handling facilities and operations.
31 (d) The Advisory Committee shall meet once every 6
32 months after the effective date of this amendatory Act of
33 1997 to review, evaluate, and make recommendations to the
34 Department of Agriculture concerning the Department's random
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1 inspection of livestock waste lagoons under Section 16 of
2 this Act.
3 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
4 Section 99. Effective date. This Act takes effect July
5 1, 1999.
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