Section 502.610  Additional Measures for CAFO Production Areas

Each CAFO subject to this Subpart must implement the following:

a)         The CAFO owner or operator must at all times properly operate and maintain all structural and operational aspects of the facilities, including all systems for livestock waste treatment, storage, management, monitoring, and testing.

b)         Livestock within a CAFO production area must not come into contact with the waters of the United States.

c)         Visual Inspections. There must be routine visual inspections of the CAFO production area, including the following:

1)         Inspecting weekly all stormwater diversion devices, runoff diversion structures, and devices channeling contaminated stormwater to the wastewater and manure storage and containment structure;

2)         Inspecting water lines daily in the production areas, including drinking water or cooling water lines; and

3)         Inspecting livestock waste storage facilities weekly. The inspection will note the total volume of materials in the liquid livestock waste storage facility using the depth marker required in subsection (d).

d)         Depth Marker. All open-surface liquid livestock waste storage facilities must have a depth marker that clearly indicates the minimum capacity necessary to contain the runoff and direct precipitation of the 25-year, 24-hour rainfall event. In the case of new sources subject to livestock waste discharge limitations established under Section 502.830, all open surface livestock waste storage structures associated with the sources must include a depth marker that clearly indicates the minimum capacity necessary to contain the maximum runoff and direct precipitation associated with the design storm used in sizing the storage facility for no discharge.

e)         Corrective Actions. Any deficiencies found because of these inspections must be corrected as soon as possible.

f)         In addition to the requirement in subsection (e), deficiencies not corrected within 30 days must be accompanied by an explanation of the factors preventing immediate correction.

g)         Pollutant discharge to the waters of the United States from dead livestock or dead animal disposal facilities is prohibited. Dead livestock and water contaminated by dead livestock must not be disposed of in the liquid manure storage structures, egg wash wastewater facilities, egg processing wastewater facilities, or areas used to hold products, by-products, or raw materials that are set aside for disposal, or contaminated stormwater facilities, other than facilities used solely to dispose of dead livestock.

h)         Chemicals and other contaminants must not be disposed of in any livestock waste or stormwater storage or treatment system unless specifically designed to treat those chemicals and other contaminants.

i)          A CAFO owner or operator utilizing an earthen lagoon or other earthen manure storage area or waste containment area must inspect all berm tops, exterior berm sides, and non-submerged interior berm sides for evidence of erosion, burrowing animal activity, and other indications of berm degradation on a frequency of at least once every week.

j)          The CAFO owner or operator must periodically remove livestock waste solids from liquid manure storage areas and the waste containment area to continue operating the storage structures properly.  Soils that are contaminated with livestock waste removed from earthen manure storage structures must be considered livestock waste.

k)         Requirements Relating to the Transfer of Livestock Waste to Other Persons

1)         Before transferring livestock waste to other persons, CAFOs must provide the recipient of the livestock waste with the most current nutrient analysis.

2)         The analysis provided must be consistent with applicable requirements to sample livestock wastes in Section 502.635(b).

3)         CAFOs must retain for five years records of the date, recipient name and address, and approximate amount of livestock waste transferred to another person.

l)          Livestock Waste Storage Requirements

1)         Livestock waste storage structures at the CAFO production area must be designed to contain a volume equal to or greater than the total volumes of the following:

A)        the amount of waste generated during a 180-day period of operation at design capacity;

B)        the runoff volumes generated during a 180-day period, including all runoff and precipitation from lots, roofs, and other surfaces where precipitation is directed into the storage structure;

C)        the volume of all wash-down liquid generated during the 180-day period that is directed into the manure storage structure;

D)        the volume of runoff and precipitation directed to the storage structure during a 25-year, 24-hour storm event;

E)        the design volatile solids loading volume, if applicable;

F)         the sludge accumulation volume, if applicable; and

G)        a freeboard of 2 feet, except for structures with a cover or otherwise protected from precipitation.

2)         The storage volume requirements in this subsection (l) do not apply to pump stations, settling tanks, pumps, piping, or other components of the CAFO production area that temporarily hold or transport waste to a storage facility meeting this subsection (l).

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)