|
not less than the amount of waste generated
during 150 |
days of facility operation at design capacity; the |
owner or operator of a livestock waste handling |
facility constructed with concrete with a design |
capacity of less than 300 animal units may demonstrate |
to the Department that a reduced storage volume, not |
less than 60 days, is feasible due to (i) the |
availability of land application areas that can |
receive manure at agronomic rates or (ii) another |
manure disposal method is proposed that will allow for |
the reduced manure storage design capacity; the |
Department shall evaluate the proposal and determine |
whether a reduced manure storage design capacity is |
appropriate for the site; and
|
(C) Storage structures not covered or otherwise |
protected from
precipitation shall, in addition to the |
waste storage volume requirements of
subparagraph (B) |
of paragraph (1) of this subsection, include a 2-foot
|
freeboard.
|
(2) A livestock waste handling facility in a |
prefabricated form shall meet
the
strength, load, and |
compatibility factors for its intended use. Those factors
|
shall be
verified by the manufacturer's specifications.
|
(3) Livestock waste handling facilities holding |
semi-solid livestock
waste,
including but not limited to |
picket dam structures, shall be constructed
according to
|
|
the requirements set forth in the Midwest Plan Service's |
Livestock Waste
Facilities
Handbook (MWPS-18) and future |
updates or similar standards used by the Natural
Resources |
Conservation Service of the United States Department of |
Agriculture.
|
(4) Livestock waste handling facilities holding solid |
livestock waste
shall be
constructed according to the |
requirements set forth in the Midwest Plan
Service's
|
Livestock Waste Facilities Handbook (MWPS-18) and future |
updates or similar
standards used by the Natural Resources |
Conservation Service of the United
States
Department of |
Agriculture. In addition, solid livestock waste stacking
|
structures shall
be sized to store not less than the amount |
of waste generated during
6 months
of facility
operation at |
design capacity. The owner or operator of a livestock waste |
handling facility holding solid livestock waste with a |
design capacity of less than 300 animal units may |
demonstrate to the Department that a reduced storage |
volume, not less than 2 months, is feasible due to (i) the |
availability of land application areas that can receive |
manure at agronomic rates or (ii) another manure disposal |
method is proposed that will allow for the reduced storage |
design capacity. The Department shall evaluate the |
proposal and determine whether a reduced manure storage |
design capacity is appropriate for the site.
|
(5) Holding ponds used for the temporary storage of |
|
livestock feedlot
run-off
shall be constructed according |
to the requirements set forth in the Midwest
Plan
Service's |
Livestock Waste Facilities Handbook (MWPS-18) and future |
updates or
similar standards used by the Natural Resources |
Conservation Service of the
United
States Department of |
Agriculture.
|
(b) New livestock management facilities and livestock |
waste handling
facilities
constructed after the effective date |
of this amendatory Act of 1999 shall be
subject to the
|
additional construction requirements and siting prohibitions |
provided in this
subsection (b).
|
(1) No new non-lagoon livestock management facility or |
livestock waste
handling facility may be constructed |
within the floodway of a 100-year
floodplain. A
new |
livestock management facility or livestock waste handling |
facility may be
constructed within the portion of a |
100-year floodplain that is within the
flood fringe
and |
outside the floodway provided that the facility is designed |
and constructed
to be
protected from flooding and meets the |
requirements set forth in the Rivers,
Lakes, and Streams |
Act, Section 5-40001 of the Counties Code,
and Executive |
Order Number 4 (1979). The delineation of
floodplains, |
floodways, and flood fringes shall be in compliance with |
the
National Flood
Insurance Program. Protection from |
flooding shall be consistent with the
National
Flood |
Insurance Program and shall be designed so that stored |
|
livestock waste is
not
readily removed.
|
(2) A new non-lagoon livestock waste handling facility |
constructed in a
karst
area shall be designed to prevent |
seepage of the stored material into
groundwater in
|
accordance with ASAE 393.2 or future updates. Owners or |
operators of proposed
facilities should consult with the |
local soil and water conservation district,
the
University |
of Illinois Cooperative Extension Service, or other local, |
county,
or State
resources relative to determining the |
possible presence or absence of such
areas.
|
Notwithstanding the other provisions of this paragraph |
(2), after the
effective date
of this amendatory Act of |
1999, no non-lagoon livestock waste handling facility
may |
be
constructed within 400 feet of any natural depression in |
a karst area formed as
a result
of subsurface removal of |
soil or rock materials that has caused the formation
of a
|
collapse feature that exhibits internal drainage. For the |
purposes of this
paragraph
(2), the existence of such a |
natural depression in a karst area shall be
indicated by
|
the uppermost closed depression contour lines on a USGS 7 |
1/2 minute quadrangle
topographic map or as determined by |
Department field investigation in a karst
area.
|
(3) A new non-lagoon livestock waste handling facility |
constructed in an
area
where aquifer material is present |
within 5 feet of the bottom of the facility
shall be
|
designed to ensure the structural integrity of the |
|
containment structure and to
prevent
seepage of the stored |
material to groundwater. Footings and underlying
structure
|
support shall be incorporated into the design standards of |
the storage
structure in
accordance with the requirements |
of Section 4.1 of the American Society of
Agricultural |
Engineers (ASAE) EP 393.2 or future updates.
|
(c) 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.
|
(d) The standards in subsections (a) and (b) shall serve as |
interim
construction
standards until such time as permanent |
rules promulgated pursuant to Section 55
of this Act
become |
effective. In addition, the Department and the Board shall |
utilize the
interim
standards in subsections (a) and (b) as a |
basis for the development of such
permanent rules.
|
(e) The owner or operator of a livestock management |
facility or livestock
waste
handling facility may, with the |
approval of the Department, elect to exceed the
strength and
|
load requirements as set forth in this Section.
|
(f) The owner or operator of a livestock management |
facility or livestock
waste
handling facility shall send, by |
certified mail or in person, to the Department
a certification
|
of compliance together with copies of verification documents |
|
upon completion of
construction.
In the case of structures |
constructed with the design standards used by the
Natural |
Resources
Conservation Service of the United States Department |
of Agriculture, copies of
the design
standards and a statement |
of verification signed by a representative of the
United States
|
Department of Agriculture shall accompany the owner's or |
operator's
certification of
compliance. The certification |
shall state that the structure meets or exceeds
the |
requirements
in subsection (a) of this Section. A $250 filing |
fee shall accompany the
statement.
|
(g) The Department shall inspect the construction site |
prior to
construction, during
construction, and within 10 |
business days following receipt of the
certification of |
compliance
to determine compliance with the construction |
standards.
|
(h) The Department shall require modification when |
necessary to bring the
construction into compliance with the |
standards set forth in this Section. The
person making
the |
inspection shall discuss with the owner, operator, or certified |
livestock
manager an
evaluation of the livestock waste handling |
facility construction and shall (i)
provide on-site
written |
recommendations to the owner, operator, or certified livestock |
manager
of what
modifications are necessary or (ii) inform the |
owner, operator, or certified
livestock manager
that the |
facility meets the standards set forth in this Section. On the |
day of
the inspection, the
person making the inspection shall |
|
give the owner, operator, or certified
livestock manager a
|
written report of findings based on the inspection together |
with an explanation
of remedial
measures necessary to enable |
the livestock waste handling facility to meet the
standards set
|
forth in this Section. The Department shall, within 5 business |
days of the date of inspection,
send an official written notice |
to the owner or operator of the livestock waste handling |
facility
by certified mail, return receipt requested, |
indicating that the facility meets the standards set
forth in |
this Section or identifying the remedial measures necessary to |
enable the livestock
waste handling facility to meet the |
standards set forth in this Section. The owner or operator
|
shall, within 10 business days of receipt of an official |
written notice of deficiencies, contact the
Department to |
develop the principles of an agreement of compliance. The owner |
or operator
and the Department shall enter into an agreement of |
compliance setting forth the specific
changes to be made to |
bring the construction into compliance with the standards
|
required under
this Section. If an agreement of compliance |
cannot be achieved, the Department
shall issue a
compliance |
order to the owner or operator outlining the specific changes |
to be
made to bring
the construction into compliance with the |
standards required under this
Section.
The owner
or operator |
can request an administrative hearing to contest the provisions |
of
the
Department's compliance order.
|
(j) If any owner or operator operates in violation of an |
|
agreement of
compliance, the
Department shall seek an |
injunction in circuit court to prohibit the operation
of the |
facility
until construction and certification of the livestock |
waste handling facility
are in compliance
with the provisions |
of this Section.
|
(k) When any livestock management facility not using an |
earthen livestock
waste
lagoon is removed from service, the |
accumulated livestock waste remaining within the facility
|
shall be removed and applied to land at rates consistent with a |
waste management plan for the
facility. Removal of the waste |
shall occur within 12 months after the date
livestock |
production
at the facility ceases. In addition, the owner or |
operator shall make
provisions to prevent the
accumulation of |
precipitation within the livestock waste handling facility.
|
Upon completion
of the removal of manure, the owner or operator |
of the facility shall notify
the Department that
the facility |
is being removed from service and the remaining manure has been
|
removed. The
Department shall conduct an inspection of the |
livestock waste handling facility
and inform the
owner or |
operator in writing that the requirements imposed under this
|
subsection (k) have been met or that
additional actions are |
necessary. Commencement of operations at a facility
that has |
livestock
shelters left intact and that has completed the |
requirements imposed under this
subsection
(k)
and that has |
been
operated as a livestock management facility or livestock |
waste handling
facility for 4
consecutive months at any time |
|
within the previous 10 years shall not be
considered a new or
|
expanded livestock management or waste handling facility. A new |
facility
constructed after May 21, 1996 that has
been removed
|
from service for a period of 2 or more years shall not be |
placed back into
service prior to an
inspection of the |
livestock waste handling facility and receipt of written
|
approval by the
Department.
|
(Source: P.A. 91-110, eff. 7-13-99.)
|