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1 | AN ACT concerning animals.
| ||||||||||||||||||||||||||||||||||||
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 11, 12, 13, 20, 35, and 55 as | ||||||||||||||||||||||||||||||||||||
6 | follows:
| ||||||||||||||||||||||||||||||||||||
7 | (510 ILCS 77/11)
| ||||||||||||||||||||||||||||||||||||
8 | Sec. 11. Filing notice of intent to construct and | ||||||||||||||||||||||||||||||||||||
9 | construction data;
registration of facilities. | ||||||||||||||||||||||||||||||||||||
10 | (a) An owner or operator shall file a notice of intent to | ||||||||||||||||||||||||||||||||||||
11 | construct for a
livestock
management facility or livestock | ||||||||||||||||||||||||||||||||||||
12 | waste handling facility with the Department
prior to
| ||||||||||||||||||||||||||||||||||||
13 | construction to establish a base date, which shall be valid for | ||||||||||||||||||||||||||||||||||||
14 | one year, for
determination of setbacks in compliance with | ||||||||||||||||||||||||||||||||||||
15 | setback distances or, in the case
of
construction that is not a | ||||||||||||||||||||||||||||||||||||
16 | new facility, with the maximum feasible location
requirements | ||||||||||||||||||||||||||||||||||||
17 | of Section 35 of this Act.
| ||||||||||||||||||||||||||||||||||||
18 | (a-5) A livestock management facility or livestock waste | ||||||||||||||||||||||||||||||||||||
19 | handling facility serving less than 50 animal units shall be | ||||||||||||||||||||||||||||||||||||
20 | exempt from the requirement to file a notice of intent to | ||||||||||||||||||||||||||||||||||||
21 | construct. A livestock management facility or livestock waste | ||||||||||||||||||||||||||||||||||||
22 | handling facility serving 150 or less animal units located | ||||||||||||||||||||||||||||||||||||
23 | wholly within an agricultural area as established pursuant to | ||||||||||||||||||||||||||||||||||||
24 | the Agricultural Areas Conservation and Protection Act with a | ||||||||||||||||||||||||||||||||||||
25 | separation distance of not less than 2,640 feet between the | ||||||||||||||||||||||||||||||||||||
26 | outermost extent of the livestock management facility or | ||||||||||||||||||||||||||||||||||||
27 | livestock waste handling facility and the agricultural area | ||||||||||||||||||||||||||||||||||||
28 | boundaries shall be exempt from the requirement to file a | ||||||||||||||||||||||||||||||||||||
29 | notice of intent to construct.
| ||||||||||||||||||||||||||||||||||||
30 | (b) For a livestock waste handling facility that is not | ||||||||||||||||||||||||||||||||||||
31 | subject to Section
12
of this Act, a
construction plan of the | ||||||||||||||||||||||||||||||||||||
32 | waste handling structure with design specifications of
the
|
| |||||||
| |||||||
1 | structure noted as prepared by or for the owner or operator | ||||||
2 | shall be filed with
the
Department at least 10 calendar days | ||||||
3 | prior to the anticipated dates of
construction.
Upon receipt of | ||||||
4 | the notice of intent to construct form or the construction
| ||||||
5 | plan, the
Department shall review the documents to determine if | ||||||
6 | all information has been
submitted or if clarification is | ||||||
7 | needed. Upon notification by the Department that the notice is | ||||||
8 | complete, the owner or operator shall send a copy of the notice | ||||||
9 | of intent to construct for a livestock management facility or | ||||||
10 | livestock waste handling facility to the owners of property | ||||||
11 | within the setback distances. For the purposes of this | ||||||
12 | subsection (b), the owners of property located within the | ||||||
13 | setback areas are presumed, unless established to the contrary, | ||||||
14 | to be the persons shown by the current tax collector's warrant | ||||||
15 | book to be the party in whose name the taxes were last | ||||||
16 | assessed. The Department shall, within 15
calendar days
of | ||||||
17 | receipt of a notice of intent to construct or the construction | ||||||
18 | plan, notify
the owner or
operator that construction may begin | ||||||
19 | or that clarification is needed.
| ||||||
20 | (c) For a livestock waste handling facility that is subject | ||||||
21 | to Section 12 of
this Act, a
completed registration shall be | ||||||
22 | filed with the Department at least 37 calendar
days
prior to | ||||||
23 | the anticipated dates of construction. The registration shall | ||||||
24 | include
the
following: (i) the name and address of the owner | ||||||
25 | and operator of the livestock
waste
handling facility; (ii) a | ||||||
26 | general description of the livestock waste handling
structure
| ||||||
27 | and the type and number of the animal units of livestock it | ||||||
28 | serves; (iii) the
construction plan of the waste handling | ||||||
29 | structure with design specifications of
the
structure noted as | ||||||
30 | prepared by or for the owner or operator, and (iv)
anticipated | ||||||
31 | dates
of construction. The Department shall, within 15 calendar | ||||||
32 | days of receipt of
the
registration form, notify the person | ||||||
33 | submitting the form that the registration
is
complete or that | ||||||
34 | clarification information is needed. Upon notification by the | ||||||
35 | Department that the registration is complete, the owner or | ||||||
36 | operator shall send a copy of the notice of intent to construct |
| |||||||
| |||||||
1 | for a livestock management facility or livestock waste handling | ||||||
2 | facility to the owners of property within the setback | ||||||
3 | distances. For the purposes of this subsection (c), the owners | ||||||
4 | of property located within the setback areas are presumed, | ||||||
5 | unless established to the contrary, to be the persons shown by | ||||||
6 | the current tax collector's warrant book to be the party in | ||||||
7 | whose name the taxes were last assessed.
| ||||||
8 | (d) Any owner or operator who fails to file a notice of | ||||||
9 | intent to construct
form or
construction plans with the | ||||||
10 | Department prior to commencing construction, upon
being
| ||||||
11 | discovered by the Department, shall be subject to an | ||||||
12 | administrative hearing by the
Department. The administrative | ||||||
13 | law judge, upon determination of a failure to file the
| ||||||
14 | appropriate form, shall impose a civil administrative penalty | ||||||
15 | in an amount no more
than $1,000 and shall enter an | ||||||
16 | administrative order directing that the owner or
operator file | ||||||
17 | the appropriate form within 10 business days after receiving | ||||||
18 | notice from
the Department. If, after receiving the | ||||||
19 | administrative law judge's order to file, the
owner or operator | ||||||
20 | fails to file the appropriate form with the Department, the
| ||||||
21 | Department shall impose a civil administrative penalty in an | ||||||
22 | amount no less than
$1,000 and no more than $2,500 and shall | ||||||
23 | enter an administrative order
prohibiting
the operation of the | ||||||
24 | facility until the owner or operator is in compliance with
this | ||||||
25 | Act.
Penalties under this subsection (d) not paid within 60 | ||||||
26 | days of notice from the
Department shall be submitted to the | ||||||
27 | Attorney General's office or an approved
private collection | ||||||
28 | agency.
| ||||||
29 | (d-5) Any owner or operator who commences construction | ||||||
30 | prior to receiving written approval from the Department shall | ||||||
31 | be subject to an administrative hearing by the Department. The | ||||||
32 | administrative law judge, upon determination of a failure to | ||||||
33 | receive written approval from the Department prior to | ||||||
34 | commencement of construction, shall impose a civil | ||||||
35 | administrative penalty in an amount not exceeding $1,000 and | ||||||
36 | shall enter an administrative order directing that the owner or |
| |||||||
| |||||||
1 | operator pay the monetary penalty to the Department prior to | ||||||
2 | the re-commencement of any additional construction and the | ||||||
3 | placement of the facility into operation.
| ||||||
4 | (Source: P.A. 91-110, eff. 7-13-99.)
| ||||||
5 | (510 ILCS 77/12)
| ||||||
6 | Sec. 12. Public informational meeting; lagoons and | ||||||
7 | non-lagoon structures.
| ||||||
8 | (a) Beginning on the effective date of this amendatory Act | ||||||
9 | of 1999, within 7
days after
receiving a form giving notice of | ||||||
10 | intent to construct (i) a new livestock
management facility or
| ||||||
11 | livestock waste handling facility serving 1,000 or more animal | ||||||
12 | units that does
not propose to
utilize a lagoon or (ii) a | ||||||
13 | livestock waste management facility or livestock
waste | ||||||
14 | handling facility
that does propose to utilize a lagoon, the | ||||||
15 | Department shall send a copy of the
notice form to the
county | ||||||
16 | board of the county in which the facility is to be located and | ||||||
17 | shall
publish a public notice in
a newspaper of general | ||||||
18 | circulation within the county. After receiving a copy
of the | ||||||
19 | notice form
from the Department, the county board may, at its | ||||||
20 | discretion and within 30 days
after receipt of
the notice, | ||||||
21 | request that the Department conduct an informational meeting
| ||||||
22 | concerning the
proposed construction that is subject to this | ||||||
23 | Section. In addition, during the
county's 30-day
review period, | ||||||
24 | county residents may petition the county board of the county
| ||||||
25 | where the proposed
new facility will be located to request that | ||||||
26 | the Department conduct an
informational meeting.
When | ||||||
27 | petitioned by 75 or more of the county's residents who are | ||||||
28 | registered
voters, the county
board shall request that the | ||||||
29 | Department conduct an informational meeting. If
the county | ||||||
30 | board
requests that the Department conduct the informational | ||||||
31 | meeting, the Department
shall conduct
the informational | ||||||
32 | meeting within 15 days of the county board's request. If the
| ||||||
33 | Department
conducts such a meeting, it shall cause notice of | ||||||
34 | the meeting to be published
in a newspaper of
general | ||||||
35 | circulation in the county and in the State newspaper and shall |
| |||||||
| |||||||
1 | send a
copy of the notice to the County Board. Upon receipt of | ||||||
2 | the notice, the County
Board shall post the notice
on the | ||||||
3 | public
informational board at the county courthouse at least 10 | ||||||
4 | days before the
meeting. The owner or
operator who submitted | ||||||
5 | the notice of intent to construct to the Department
shall | ||||||
6 | appear at the
meeting. At the meeting, the Department shall | ||||||
7 | afford members of the public an
opportunity to ask
questions | ||||||
8 | and present oral or written comments concerning the proposed
| ||||||
9 | construction. Notwithstanding the provisions of this Section, | ||||||
10 | a livestock management facility or livestock waste handling | ||||||
11 | facility serving 2,000 or less animal units whose location and | ||||||
12 | setbacks are located wholly within an agricultural area | ||||||
13 | established pursuant to the Agricultural Areas Conservation | ||||||
14 | and Protection Act shall be exempt from the requirements of | ||||||
15 | this Section.
| ||||||
16 | (b) The county board shall submit at the informational | ||||||
17 | meeting or within 30
days following
the meeting an advisory, | ||||||
18 | non-binding recommendation to the Department about the
| ||||||
19 | proposed
new facility's construction in accordance with the | ||||||
20 | applicable requirements of
this Act. The
advisory, non-binding | ||||||
21 | recommendation shall contain at a minimum:
| ||||||
22 | (1) a statement of whether the proposed facility | ||||||
23 | achieves or fails to
achieve each
of the 8 siting criteria | ||||||
24 | as outlined in subsection (d); and
| ||||||
25 | (2) a statement of the information and criteria used by | ||||||
26 | the county board
in
determining that the proposed facility | ||||||
27 | met or failed to meet any of the
criteria
described in | ||||||
28 | subsection (d).
| ||||||
29 | (c) When the county board requests an informational | ||||||
30 | meeting, construction
shall not
begin until after the | ||||||
31 | informational meeting has been held, the Department has
| ||||||
32 | reviewed the
county board's recommendation and replied to the | ||||||
33 | recommendation indicating if
the proposed
new livestock | ||||||
34 | management facility or the new livestock waste handling | ||||||
35 | facility
is or will be in
compliance with the requirements of | ||||||
36 | the Act, and the owner, operator, or
certified manager and
|
| |||||||
| |||||||
1 | operator has received the Department's notice that the setbacks | ||||||
2 | and all
applicable requirements
of this Act have been met.
| ||||||
3 | (d) At the informational meeting for the proposed facility, | ||||||
4 | the Department
of
Agriculture
shall receive evidence by | ||||||
5 | testimony or otherwise on the following subjects:
| ||||||
6 | (1) Whether registration and livestock waste | ||||||
7 | management plan certification
requirements, if required, | ||||||
8 | are met by the notice of intent to construct.
| ||||||
9 | (2) Whether the design, location, or proposed | ||||||
10 | operation will protect the
environment
by being consistent | ||||||
11 | with this Act.
| ||||||
12 | (3) Whether the location minimizes any incompatibility | ||||||
13 | with the
surrounding area's
character by being located in | ||||||
14 | any area zoned for agriculture where the county
has zoning | ||||||
15 | or where the county is not zoned, the setback requirements
| ||||||
16 | established by this Act are complied with.
| ||||||
17 | (4) Whether the facility is located within a 100-year | ||||||
18 | floodplain or an
otherwise
environmentally sensitive area | ||||||
19 | (defined as an area of karst area or with
aquifer
material | ||||||
20 | within 5 feet of the bottom of the livestock waste handling | ||||||
21 | facility)
and
whether construction standards set forth in | ||||||
22 | the notice of intent to construct
are
consistent with the | ||||||
23 | goal of protecting the safety of the area.
| ||||||
24 | (5) Whether the owner or operator has submitted plans | ||||||
25 | for operation that
minimize
the likelihood of any | ||||||
26 | environmental damage to the surrounding area from spills,
| ||||||
27 | runoff, and leaching.
| ||||||
28 | (6) Whether odor control plans are reasonable and | ||||||
29 | incorporate reasonable
or
innovative odor reduction | ||||||
30 | technologies given the current state of such
technologies.
| ||||||
31 | (7) Whether traffic patterns minimize the effect on | ||||||
32 | existing traffic
flows.
| ||||||
33 | (8) Whether construction or modification of a new | ||||||
34 | facility is consistent
with existing
community growth, | ||||||
35 | tourism, recreation, or economic development or with | ||||||
36 | specific
projects involving community growth, tourism, |
| |||||||
| |||||||
1 | recreation, or economic
development that have been | ||||||
2 | identified by government action for development or
| ||||||
3 | operation within one year through compliance with | ||||||
4 | applicable zoning and setback
requirements for populated | ||||||
5 | areas as established by this Act.
| ||||||
6 | (Source: P.A. 91-110, eff. 7-13-99.)
| ||||||
7 | (510 ILCS 77/13)
| ||||||
8 | Sec. 13. Livestock waste handling facilities other than | ||||||
9 | earthen livestock
waste lagoons;
construction standards; | ||||||
10 | certification; inspection; removal-from-service
requirements. | ||||||
11 | (a) After the effective date of this amendatory Act of | ||||||
12 | 1999, livestock waste
handling
facilities other than earthen | ||||||
13 | livestock waste lagoons used for the storage of
livestock waste | ||||||
14 | shall
be constructed in accordance with this Section. A | ||||||
15 | livestock management facility or livestock waste handling | ||||||
16 | facility serving 150 or less animal units located wholly within | ||||||
17 | an agricultural area as established pursuant to the | ||||||
18 | Agricultural Areas Conservation and Protection Act with a | ||||||
19 | separation distance of not less than 2,640 feet between the | ||||||
20 | outermost extent of the livestock management facility or | ||||||
21 | livestock waste handling facility and the agricultural area | ||||||
22 | boundaries shall be exempt from the requirements of this | ||||||
23 | Section.
| ||||||
24 | (1) Livestock waste handling facilities constructed of | ||||||
25 | concrete shall meet
the
strength and load factors set forth | ||||||
26 | in the Midwest Plan Service's Concrete
Manure
Storage | ||||||
27 | Handbook (MWPS-36) and future updates. In addition, those | ||||||
28 | structures
shall
meet the following requirements:
| ||||||
29 | (A) Waterstops shall be incorporated into the | ||||||
30 | design of the storage
structure when consistent with | ||||||
31 | the requirements of paragraph (1) of this
subsection;
| ||||||
32 | (B) Storage structures that handle waste in a | ||||||
33 | liquid form shall be
designed to contain a volume of | ||||||
34 | not less than the amount of waste generated
during 150 | ||||||
35 | days of facility operation at design capacity . The |
| |||||||
| |||||||
1 | owner or operator of a livestock waste handling | ||||||
2 | facility with a design capacity of 300 or less animal | ||||||
3 | units may demonstrate to the Department that a reduced | ||||||
4 | storage volume, not less than 60 days, is feasible due | ||||||
5 | to the availability of land application areas which can | ||||||
6 | receive manure at agronomic rates or other manure | ||||||
7 | disposal method is proposed which will allow for the | ||||||
8 | reduced manure storage design capacity. The Department | ||||||
9 | shall evaluate the proposal and determine whether a | ||||||
10 | reduced manure storage design capacity is appropriate | ||||||
11 | for the site ; and
| ||||||
12 | (C) Storage structures not covered or otherwise | ||||||
13 | protected from
precipitation shall, in addition to the | ||||||
14 | waste storage volume requirements of
subparagraph (B) | ||||||
15 | of paragraph (1) of this subsection, include a 2-foot
| ||||||
16 | freeboard.
| ||||||
17 | (2) A livestock waste handling facility in a | ||||||
18 | prefabricated form shall meet
the
strength, load, and | ||||||
19 | compatibility factors for its intended use. Those factors
| ||||||
20 | shall be
verified by the manufacturer's specifications.
| ||||||
21 | (3) Livestock waste handling facilities holding | ||||||
22 | semi-solid livestock
waste,
including but not limited to | ||||||
23 | picket dam structures, shall be constructed
according to
| ||||||
24 | the requirements set forth in the Midwest Plan Service's | ||||||
25 | Livestock Waste
Facilities
Handbook (MWPS-18) and future | ||||||
26 | updates or similar standards used by the Natural
Resources | ||||||
27 | Conservation Service of the United States Department of | ||||||
28 | Agriculture.
| ||||||
29 | (4) Livestock waste handling facilities holding solid | ||||||
30 | livestock waste
shall be
constructed according to the | ||||||
31 | 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 Resources | ||||||
34 | Conservation Service of the United
States
Department of | ||||||
35 | Agriculture. In addition, solid livestock waste stacking
| ||||||
36 | structures shall
be sized to store not less than the amount |
| |||||||
| |||||||
1 | of waste generated during 6 months
of facility
operation at | ||||||
2 | design capacity. The owner or operator of a livestock waste | ||||||
3 | handling facility with a design capacity of 300 or less | ||||||
4 | animal units may demonstrate to the Department that a | ||||||
5 | reduced storage volume, not less than 2 months, is feasible | ||||||
6 | due to the availability of land application areas which can | ||||||
7 | receive manure at agronomic rates or other manure disposal | ||||||
8 | method is proposed which will allow for the reduced storage | ||||||
9 | design capacity. The Department shall evaluate the | ||||||
10 | proposal and determine whether a reduced manure storage | ||||||
11 | design capacity is appropriate for the site.
| ||||||
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
Service's | ||||||
15 | Livestock Waste Facilities Handbook (MWPS-18) and future | ||||||
16 | updates or
similar standards used by the Natural Resources | ||||||
17 | Conservation Service of the
United
States Department of | ||||||
18 | Agriculture.
| ||||||
19 | (6) Settling basins and holding ponds that are | ||||||
20 | designed, constructed, and operated solely for the | ||||||
21 | management and control of feedlot runoff only and within | ||||||
22 | which no livestock manure is actively stored or handled are | ||||||
23 | exempt from the requirements of this Section. An additional | ||||||
24 | manure storage structure must be present at the livestock | ||||||
25 | management facility for this exemption to be valid. | ||||||
26 | (7) Permanent manure pipelines or other conveyances | ||||||
27 | that are designed and utilized to transport manure from a | ||||||
28 | livestock waste handling facility to a land application | ||||||
29 | area shall not be subject to the provisions of this | ||||||
30 | Section. Pipelines and other conveyances that transport | ||||||
31 | manure from one component of a livestock waste handling | ||||||
32 | facility to another component of the same livestock waste | ||||||
33 | handling facility shall be subject to the provisions of | ||||||
34 | this Section.
| ||||||
35 | (b) New livestock management facilities and livestock | ||||||
36 | waste handling
facilities
constructed after the effective date |
| |||||||
| |||||||
1 | of this amendatory Act of 1999 shall be
subject to the
| ||||||
2 | additional construction requirements and siting prohibitions | ||||||
3 | provided in this
subsection (b).
| ||||||
4 | (1) No new non-lagoon livestock management facility or | ||||||
5 | livestock waste
handling facility may be constructed | ||||||
6 | within the floodway of a 100-year
floodplain. A
new | ||||||
7 | livestock management facility or livestock waste handling | ||||||
8 | facility may be
constructed within the portion of a | ||||||
9 | 100-year floodplain that is within the
flood fringe
and | ||||||
10 | outside the floodway provided that the facility is designed | ||||||
11 | and constructed
to be
protected from flooding and meets the | ||||||
12 | requirements set forth in the Rivers,
Lakes, and Streams | ||||||
13 | Act, Section 5-40001 of the Counties Code,
and Executive | ||||||
14 | Order Number 4 (1979). The delineation of
floodplains, | ||||||
15 | floodways, and flood fringes shall be in compliance with | ||||||
16 | the
National Flood
Insurance Program. Protection from | ||||||
17 | flooding shall be consistent with the
National
Flood | ||||||
18 | Insurance Program and shall be designed so that stored | ||||||
19 | livestock waste is
not
readily removed.
| ||||||
20 | (2) A new non-lagoon livestock waste handling facility | ||||||
21 | constructed in a
karst
area shall be designed to prevent | ||||||
22 | seepage of the stored material into
groundwater in
| ||||||
23 | accordance with ASAE 393.2 or future updates. Owners or | ||||||
24 | operators of proposed
facilities should consult with the | ||||||
25 | local soil and water conservation district,
the
University | ||||||
26 | of Illinois Cooperative Extension Service, or other local, | ||||||
27 | county,
or State
resources relative to determining the | ||||||
28 | possible presence or absence of such
areas.
| ||||||
29 | Notwithstanding the other provisions of this paragraph | ||||||
30 | (2), after the
effective date
of this amendatory Act of | ||||||
31 | 1999, no non-lagoon livestock waste handling facility
may | ||||||
32 | be
constructed within 400 feet of any natural depression in | ||||||
33 | a karst area formed as
a result
of subsurface removal of | ||||||
34 | soil or rock materials that has caused the formation
of a
| ||||||
35 | collapse feature that exhibits internal drainage. For the | ||||||
36 | purposes of this
paragraph
(2), the existence of such a |
| |||||||
| |||||||
1 | natural depression in a karst area shall be
indicated by
| ||||||
2 | the uppermost closed depression contour lines on a USGS 7 | ||||||
3 | 1/2 minute quadrangle
topographic map or as determined by | ||||||
4 | Department field investigation in a karst
area.
| ||||||
5 | (3) A new non-lagoon livestock waste handling facility | ||||||
6 | constructed in an
area
where aquifer material is present | ||||||
7 | within 5 feet of the bottom of the facility
shall be
| ||||||
8 | designed to ensure the structural integrity of the | ||||||
9 | containment structure and to
prevent
seepage of the stored | ||||||
10 | material to groundwater. Footings and underlying
structure
| ||||||
11 | support shall be incorporated into the design standards of | ||||||
12 | the storage
structure in
accordance with the requirements | ||||||
13 | of Section 4.1 of the American Society of
Agricultural | ||||||
14 | Engineers (ASAE) EP 393.2 or future updates.
| ||||||
15 | (c) A livestock waste handling facility owner may rely on | ||||||
16 | guidance from the
local soil
and water conservation district, | ||||||
17 | the Natural Resources Conservation Service of
the United
States | ||||||
18 | Department of Agriculture, or the University of Illinois | ||||||
19 | Cooperative
Extension Service
for soil type and associated | ||||||
20 | information.
| ||||||
21 | (d) The standards in subsections (a) and (b) shall serve as | ||||||
22 | interim
construction
standards until such time as permanent | ||||||
23 | rules promulgated pursuant to Section 55
of this Act
become | ||||||
24 | effective. In addition, the Department and the Board shall | ||||||
25 | utilize the
interim
standards in subsections (a) and (b) as a | ||||||
26 | basis for the development of such
permanent rules.
| ||||||
27 | (e) The owner or operator of a livestock management | ||||||
28 | facility or livestock
waste
handling facility may, with the | ||||||
29 | approval of the Department, elect to exceed the
strength and
| ||||||
30 | load requirements as set forth in this Section.
| ||||||
31 | (f) The owner or operator of a livestock management | ||||||
32 | facility or livestock
waste
handling facility shall send, by | ||||||
33 | certified mail or in person, to the Department
a certification
| ||||||
34 | of compliance together with copies of verification documents | ||||||
35 | upon completion of
construction.
In the case of structures | ||||||
36 | constructed with the design standards used by the
Natural |
| |||||||
| |||||||
1 | Resources
Conservation Service of the United States Department | ||||||
2 | of Agriculture, copies of
the design
standards and a statement | ||||||
3 | of verification signed by a representative of the
United States
| ||||||
4 | Department of Agriculture shall accompany the owner's or | ||||||
5 | operator's
certification of
compliance. The certification | ||||||
6 | shall state that the structure meets or exceeds
the | ||||||
7 | requirements
in subsection (a) of this Section. A $250 filing | ||||||
8 | fee shall accompany the
statement.
| ||||||
9 | (g) The Department shall inspect the construction site | ||||||
10 | prior to
construction, during
construction, and within 10 | ||||||
11 | business days following receipt of the
certification of | ||||||
12 | compliance
to determine compliance with the construction | ||||||
13 | standards.
| ||||||
14 | (h) The Department shall require modification when | ||||||
15 | necessary to bring the
construction into compliance with the | ||||||
16 | standards set forth in this Section. The
person making
the | ||||||
17 | inspection shall discuss with the owner, operator, or certified | ||||||
18 | livestock
manager an
evaluation of the livestock waste handling | ||||||
19 | facility construction and shall (i)
provide on-site
written | ||||||
20 | recommendations to the owner, operator, or certified livestock | ||||||
21 | manager
of what
modifications are necessary or (ii) inform the | ||||||
22 | owner, operator, or certified
livestock manager
that the | ||||||
23 | facility meets the standards set forth in this Section. On the | ||||||
24 | day of
the inspection, the
person making the inspection shall | ||||||
25 | give the owner, operator, or certified
livestock manager a
| ||||||
26 | written report of findings based on the inspection together | ||||||
27 | with an explanation
of remedial
measures necessary to enable | ||||||
28 | the livestock waste handling facility to meet the
standards set
| ||||||
29 | forth in this Section. The Department shall, within 5 business | ||||||
30 | days of the date of inspection,
send an official written notice | ||||||
31 | to the owner or operator of the livestock waste handling | ||||||
32 | facility
by certified mail, return receipt requested, | ||||||
33 | indicating that the facility meets the standards set
forth in | ||||||
34 | this Section or identifying the remedial measures necessary to | ||||||
35 | enable the livestock
waste handling facility to meet the | ||||||
36 | standards set forth in this Section. The owner or operator
|
| |||||||
| |||||||
1 | shall, within 10 business days of receipt of an official | ||||||
2 | written notice of deficiencies, contact the
Department to | ||||||
3 | develop the principles of an agreement of compliance. The owner | ||||||
4 | or operator
and the Department shall enter into an agreement of | ||||||
5 | compliance setting forth the specific
changes to be made to | ||||||
6 | bring the construction into compliance with the standards
| ||||||
7 | required under
this Section. If an agreement of compliance | ||||||
8 | cannot be achieved, the Department
shall issue a
compliance | ||||||
9 | order to the owner or operator outlining the specific changes | ||||||
10 | to be
made to bring
the construction into compliance with the | ||||||
11 | standards required under this
Section.
The owner
or operator | ||||||
12 | can request an administrative hearing to contest the provisions | ||||||
13 | of
the
Department's compliance order.
| ||||||
14 | (j) If any owner or operator operates in violation of an | ||||||
15 | agreement of
compliance, the
Department shall seek an | ||||||
16 | injunction in circuit court to prohibit the operation
of the | ||||||
17 | facility
until construction and certification of the livestock | ||||||
18 | waste handling facility
are in compliance
with the provisions | ||||||
19 | of this Section.
| ||||||
20 | (j-5) Any owner or operator who commences operation prior | ||||||
21 | to receiving written approval from the Department shall be | ||||||
22 | subject to an administrative hearing by the Department. The | ||||||
23 | administrative law judge, upon determination of a failure to | ||||||
24 | receive written approval from the Department prior to the | ||||||
25 | commencement of operation shall impose a civil administrative | ||||||
26 | penalty in an amount not exceeding $1,000.
| ||||||
27 | (k) When any livestock management facility not using an | ||||||
28 | earthen livestock
waste
lagoon is removed from service, the | ||||||
29 | accumulated livestock waste remaining within the facility
| ||||||
30 | shall be removed and applied to land at rates consistent with a | ||||||
31 | waste management plan for the
facility. Removal of the waste | ||||||
32 | shall occur within 12 months after the date
livestock | ||||||
33 | production
at the facility ceases. In addition, the owner or | ||||||
34 | operator shall make
provisions to prevent the
accumulation of | ||||||
35 | precipitation within the livestock waste handling facility.
| ||||||
36 | Upon completion
of the removal of manure, the owner or operator |
| |||||||
| |||||||
1 | of the facility shall notify
the Department that
the facility | ||||||
2 | is being removed from service and the remaining manure has been
| ||||||
3 | removed. The
Department shall conduct an inspection of the | ||||||
4 | livestock waste handling facility
and inform the
owner or | ||||||
5 | operator in writing that the requirements imposed under this
| ||||||
6 | subsection (k) have been met or that
additional actions are | ||||||
7 | necessary. Commencement of operations at a facility
that has | ||||||
8 | livestock
shelters left intact and that has completed the | ||||||
9 | requirements imposed under this
subsection
(k)
and that has | ||||||
10 | been
operated as a livestock management facility or livestock | ||||||
11 | waste handling
facility for 4
consecutive months at any time | ||||||
12 | within the previous 10 years shall not be
considered a new or
| ||||||
13 | expanded livestock management or waste handling facility. A new | ||||||
14 | facility
constructed after May 21, 1996 that has
been removed
| ||||||
15 | from service for a period of 2 or more years shall not be | ||||||
16 | placed back into
service prior to an
inspection of the | ||||||
17 | livestock waste handling facility and receipt of written
| ||||||
18 | approval by the
Department.
| ||||||
19 | (Source: P.A. 91-110, eff. 7-13-99.)
| ||||||
20 | (510 ILCS 77/20)
| ||||||
21 | Sec. 20. Handling, storing and disposing of livestock | ||||||
22 | waste.
| ||||||
23 | (a) The livestock management facility owner or operator | ||||||
24 | shall comply
with the requirements for handling, storing, and | ||||||
25 | disposing of livestock wastes
as set forth in the rules adopted | ||||||
26 | pursuant to the Illinois Environmental
Protection Act | ||||||
27 | concerning agriculture related pollution.
| ||||||
28 | (b) The livestock management facility owner or operator at | ||||||
29 | a facility of
less than 1,000 animal units shall not be | ||||||
30 | required to prepare and maintain a
waste management plan.
| ||||||
31 | (c) The livestock management facility owner or operator at | ||||||
32 | a facility of
1,000 or greater animal units but less than 5,000 | ||||||
33 | animal units
shall prepare
and maintain on file at the | ||||||
34 | livestock management facility a general waste
management plan. | ||||||
35 | Notwithstanding this requirement, a livestock management
|
| |||||||
| |||||||
1 | facility subject to this subsection may be operated on an | ||||||
2 | interim basis but not
to exceed 6 months after the effective | ||||||
3 | date of the rules promulgated pursuant
to this Act to allow for | ||||||
4 | the owner or operator of the facility to develop a
waste | ||||||
5 | management plan. The waste management plan shall be available | ||||||
6 | for
inspection during normal business hours by Department | ||||||
7 | personnel. A livestock management facility owner or operator | ||||||
8 | who has been issued a National Pollutant Discharge Elimination | ||||||
9 | System-Concentrated Animal Feeding Operation Permit by the | ||||||
10 | United States Environmental Protection Agency or the Illinois | ||||||
11 | Environmental Protection Agency shall not be subject to the | ||||||
12 | requirements of this subsection (c) during the time period that | ||||||
13 | the permit is effective.
| ||||||
14 | (d) The livestock management facility owner or operator at | ||||||
15 | a facility of
5,000 or greater animal units shall prepare, | ||||||
16 | maintain, and submit to the
Department the waste management | ||||||
17 | plan for approval. Approval of the waste
management plan shall | ||||||
18 | be predicated on compliance with provisions of subsection
(f). | ||||||
19 | The waste management plan shall be approved by the Department | ||||||
20 | before
operation of the facility or in the case of an existing | ||||||
21 | facility, the waste
management plan shall be submitted within | ||||||
22 | 60 working days after the effective
date of the rules | ||||||
23 | promulgated pursuant to this Act.
| ||||||
24 | The owner or operator of an existing livestock management | ||||||
25 | facility that
through growth meets or exceeds 5,000 animal | ||||||
26 | units shall file its waste
management plan with the Department | ||||||
27 | within 60 working days after reaching the
stated animal units.
| ||||||
28 | The owner or operator of a livestock management facility | ||||||
29 | that is subject to
this subsection (d) shall file within 60 | ||||||
30 | working days with the Department a
revised waste management | ||||||
31 | plan when there is a change as provided in subsection
(e) of | ||||||
32 | this Section that will materially affect compliance with the | ||||||
33 | waste
management plan.
| ||||||
34 | A livestock management facility owner or operator who has | ||||||
35 | been issued a National Pollutant Discharge Elimination | ||||||
36 | System-Concentrated Animal Feeding Operation Permit by the |
| |||||||
| |||||||
1 | United States Environmental Protection Agency or the Illinois | ||||||
2 | Environmental Protection Agency shall not be subject to the | ||||||
3 | requirements of this subsection (d) during the time period that | ||||||
4 | the permit is effective.
| ||||||
5 | (d-5) The owner or operator of multiple livestock | ||||||
6 | management facilities
under common facility ownership where | ||||||
7 | the cumulative animal units of the
facilities are equal to or | ||||||
8 | greater than the animal unit numbers provided for in
subsection | ||||||
9 | (c) of this Section shall prepare and keep on file at each | ||||||
10 | facility
a waste management plan in accordance with the | ||||||
11 | requirements of subsection (c).
The owner or operator of | ||||||
12 | multiple livestock management facilities that are
under common | ||||||
13 | facility ownership where the cumulative animal units of the
| ||||||
14 | facilities are equal to or greater than the animal unit numbers | ||||||
15 | provided for
in subsection (d) of this Section shall prepare | ||||||
16 | and file with the Department a
waste management plan in | ||||||
17 | accordance with the provisions of subsection (d).
Cumulative | ||||||
18 | animal units shall be determined by combining the animal units | ||||||
19 | of
multiple livestock management facilities under the common | ||||||
20 | facility ownership
based upon the design capacity of each | ||||||
21 | facility. For the purposes of this
subsection (d-5), "under | ||||||
22 | common facility ownership" means the same person or
persons | ||||||
23 | own, directly or indirectly, through majority owned business | ||||||
24 | entities
at least 51% of any person or persons (as defined by | ||||||
25 | Section 10.55) that own or
operate the livestock management | ||||||
26 | facility or livestock waste handling facility
located in the | ||||||
27 | State of Illinois.
| ||||||
28 | (e) The owner or operator of a livestock management | ||||||
29 | facility shall update
the waste management plan when there is a | ||||||
30 | change in values shown in the plan
under item (1) of subsection | ||||||
31 | (f) of this Section. The waste management plan
and records of | ||||||
32 | livestock waste disposal shall be kept on file for three years.
| ||||||
33 | (f) The application of livestock waste to the land is an | ||||||
34 | acceptable,
recommended, and established practice in Illinois. | ||||||
35 | However, when livestock
waste is not applied in a responsible | ||||||
36 | manner, it may create pollutional
problems. It should be |
| |||||||
| |||||||
1 | recognized that research relative to livestock waste
| ||||||
2 | application based on livestock waste nutrient content is | ||||||
3 | currently ongoing.
The Dean of the College of Agricultural, | ||||||
4 | Consumer and Environmental Sciences
at the University of | ||||||
5 | Illinois, or his or her designee, shall annually report
to the | ||||||
6 | Advisory Committee on the status of phosphorus research, | ||||||
7 | including
research that has been supported in whole or in part | ||||||
8 | by the Illinois
Council on Food and Agricultural Research. The | ||||||
9 | Advisory Committee
may also consult with other appropriate | ||||||
10 | research entities on the status of
phosphorus research. It is | ||||||
11 | considered acceptable to prepare and implement a
waste | ||||||
12 | management plan based on a nitrogen rate, unless otherwise | ||||||
13 | restricted by
this Section. The waste management plan shall | ||||||
14 | include the following:
| ||||||
15 | (1) An estimate of the volume of livestock waste to be | ||||||
16 | disposed of
annually, which shall be obtained by | ||||||
17 | multiplying the design capacity of the
facility by the | ||||||
18 | appropriate amount of waste generated by the animals. The
| ||||||
19 | values showing the amount of waste generated in Table 2-1, | ||||||
20 | Midwest Plan
Service's, MWPS-18, Livestock Waste | ||||||
21 | Management Facilities Handbook or Design
Criteria for the | ||||||
22 | field application of livestock waste adopted by the Agency
| ||||||
23 | may be used.
| ||||||
24 | (2) The number of acres available for disposal of the | ||||||
25 | waste, whether they
are owned by the owner or operator of | ||||||
26 | the livestock waste management facility
or are shown to be | ||||||
27 | contracted with another person or persons for disposal of
| ||||||
28 | waste.
| ||||||
29 | (3) An estimate of the nutrient value of the waste. The | ||||||
30 | owner or operator
may prepare a plan based on an average of | ||||||
31 | the minimum and maximum numbers in
the table values derived | ||||||
32 | from Midwest Plan Service's, MWPS-18, Livestock Waste
| ||||||
33 | Facilities Handbook, the Agency's Agriculture Related | ||||||
34 | Pollution regulations,
or the results of analysis | ||||||
35 | performed on samples of waste. For the purposes of
| ||||||
36 | compliance with this subsection, the nutrient values of |
| |||||||
| |||||||
1 | livestock waste may
vary as indicated in the source table. | ||||||
2 | In the case of laboratory analytical
results, the nutrient | ||||||
3 | values may vary with the accuracy of the analytical
method.
| ||||||
4 | (3.5) Results of the Bray P1 or Mehlich test for soil | ||||||
5 | phosphorus reported
in pounds of elemental phosphorus per | ||||||
6 | acre. Soil samples shall be obtained and
analyzed from the | ||||||
7 | livestock waste application fields on land owned or under | ||||||
8 | the
control of the owner or operator where applications are | ||||||
9 | planned. Fields where
livestock waste is applied shall be | ||||||
10 | sampled every 3 years. Sampling
procedures, such as the | ||||||
11 | number of samples and the depth of sampling, as
outlined in | ||||||
12 | the current edition of the Illinois Agronomy Handbook shall | ||||||
13 | be
followed when soil samples are obtained.
| ||||||
14 | (3.6) If the average Bray P1 or Mehlich test result for | ||||||
15 | soil phosphorus
calculated from samples obtained from the | ||||||
16 | application field is 300 pounds or
less of elemental | ||||||
17 | phosphorus per acre, livestock waste may continue to be
| ||||||
18 | applied to that field in accordance with subsection (f) of | ||||||
19 | this Section.
If the average Bray P1 or Mehlich test result | ||||||
20 | for soil phosphorus for an
application field is greater | ||||||
21 | than 300 pounds of elemental phosphorus per acre,
the owner | ||||||
22 | or operator shall apply livestock waste at the phosphorus | ||||||
23 | rate to the
field until the average Bray P1 or Mehlich test | ||||||
24 | for soil phosphorus indicates
there is less than 300 pounds | ||||||
25 | of elemental phosphorus per acre. Upon the
development of a | ||||||
26 | phosphorus index that is approved subject to the provisions
| ||||||
27 | established in Section 55 of this Act, the owner or | ||||||
28 | operator shall use such
index in lieu of the 300 pounds of | ||||||
29 | elemental phosphorus per acre.
| ||||||
30 | (4) An indication that the livestock waste will be | ||||||
31 | applied at rates not
to exceed the agronomic nitrogen | ||||||
32 | demand of the crops to be grown when averaged
over a 5-year | ||||||
33 | period.
| ||||||
34 | (5) A provision that livestock waste applied within 1/4 | ||||||
35 | mile of any
residence not part of the facility shall be | ||||||
36 | injected or incorporated on the
day of application. |
| |||||||
| |||||||
1 | However, livestock management facilities and livestock
| ||||||
2 | waste handling facilities that have irrigation systems in | ||||||
3 | operation prior to
the effective date of this Act or | ||||||
4 | existing facilities applying waste on frozen
ground are not | ||||||
5 | subject to the provisions of this item (5).
| ||||||
6 | (6) A provision that livestock waste may not be applied | ||||||
7 | within 200 feet
of surface water unless the water is | ||||||
8 | upgrade or there is adequate diking, and
waste will not be | ||||||
9 | applied within 150 feet of potable water supply wells.
| ||||||
10 | (7) A provision that livestock waste may not be applied | ||||||
11 | in a 10-year
flood plain unless the injection or | ||||||
12 | incorporation method of application is
used.
| ||||||
13 | (8) A provision that livestock waste may not be applied | ||||||
14 | in waterways.
| ||||||
15 | (9) A provision that if waste is spread on frozen or | ||||||
16 | snow-covered land,
the application will be limited to land | ||||||
17 | areas on which:
| ||||||
18 | (A) land slopes are 5% or less, or
| ||||||
19 | (B) adequate erosion control practices exist.
| ||||||
20 | (10) Methods for disposal of animal waste.
| ||||||
21 | (g) Any person who is required to prepare and maintain a | ||||||
22 | waste management
plan and who fails to do so shall be issued a | ||||||
23 | warning letter by the Department
for the first violation and | ||||||
24 | shall be given 30 working days to prepare a waste
management | ||||||
25 | plan. For failure to prepare and maintain a waste management | ||||||
26 | plan,
the person shall be fined an administrative penalty of up | ||||||
27 | to $1,000 by the
Department and shall
be required to enter into | ||||||
28 | an agreement of compliance to prepare and maintain
a waste | ||||||
29 | management plan within 30 working days. For failure to prepare | ||||||
30 | and
maintain a waste management plan after the second 30 day | ||||||
31 | period or for failure
to enter into a compliance agreement, the | ||||||
32 | Department may issue an operational
cease and desist order | ||||||
33 | until compliance is attained.
| ||||||
34 | (Source: P.A. 91-110, eff. 7-13-99; 92-16, eff. 6-28-01.)
| ||||||
35 | (510 ILCS 77/35)
|
| |||||||
| |||||||
1 | Sec. 35. Setbacks for livestock management and livestock | ||||||
2 | handling
facilities. | ||||||
3 | (a) Grandfather provision; facilities in existence prior | ||||||
4 | to July 15, 1991.
Livestock management facilities and livestock | ||||||
5 | waste handling
facilities in existence prior to July 15, 1991 | ||||||
6 | shall comply with
setbacks in existence prior to July 15, 1991, | ||||||
7 | as set forth in the Illinois
Environmental Protection Act and | ||||||
8 | rules promulgated under that Act.
| ||||||
9 | (b) Grandfather provision; facilities in existence on | ||||||
10 | effective date and
after July 15, 1991. Livestock management | ||||||
11 | facilities and livestock waste
handling facilities in | ||||||
12 | existence on the effective date of this Act but after
July 15, | ||||||
13 | 1991 shall comply with setbacks in existence prior to the | ||||||
14 | effective
date of
this Act, as set forth in the Illinois | ||||||
15 | Environmental Protection Act and rules
promulgated under that | ||||||
16 | Act.
| ||||||
17 | (c) New livestock management or livestock waste handling | ||||||
18 | facilities.
Any new facility shall comply with the following | ||||||
19 | setbacks:
| ||||||
20 | (1) For purposes of determining setback distances, | ||||||
21 | minimum
distances shall be measured from the nearest corner | ||||||
22 | of the residence or place
of common assembly to the nearest | ||||||
23 | corner of the earthen waste lagoon or
livestock management | ||||||
24 | facility, whichever is closer.
| ||||||
25 | (2) A livestock management facility or livestock waste | ||||||
26 | handling facility
serving less than 50 animal
units shall | ||||||
27 | be exempt from
setback distances as set forth in this Act | ||||||
28 | but shall be subject to rules
promulgated under the | ||||||
29 | Illinois Environmental Protection Act.
| ||||||
30 | (3) For a livestock management facility or waste | ||||||
31 | handling
facility serving 50 or greater but less than 1,000 | ||||||
32 | animal units, the minimum
setback distance shall be 1/4 | ||||||
33 | mile from the nearest occupied
residence and 1/2
mile
from
| ||||||
34 | the nearest populated area.
| ||||||
35 | (3.5) A livestock management facility or waste | ||||||
36 | handling facility serving 50 or greater and 150 or less |
| |||||||
| |||||||
1 | animal units located wholly within an agricultural area as | ||||||
2 | established pursuant to the Agricultural Areas | ||||||
3 | Conservation and Protection Act with a separation distance | ||||||
4 | of not less than 2,640 feet between the outermost extent of | ||||||
5 | the livestock management facility or livestock waste | ||||||
6 | handling facility and the agricultural area boundaries | ||||||
7 | shall be exempt from setback distances as set forth in this | ||||||
8 | Act but shall be subject to rules adopted under the | ||||||
9 | Illinois Environmental Protection Act.
| ||||||
10 | (4) For a livestock management facility or livestock | ||||||
11 | waste
handling facility serving 1,000 or greater but less | ||||||
12 | than 7,000 animal units,
the
setback is as follows:
| ||||||
13 | (A) For a populated area, the minimum setback shall | ||||||
14 | be
increased 440 feet over the minimum setback of 1/2 | ||||||
15 | mile for each additional
1,000 animal units over 1,000 | ||||||
16 | animal units.
| ||||||
17 | (B) For any occupied residence, the minimum | ||||||
18 | setback shall be
increased 220 feet over the minimum | ||||||
19 | setback of 1/4 mile for each additional
1,000 animal | ||||||
20 | units over 1,000 animal units.
| ||||||
21 | (5) For a livestock management facility or livestock | ||||||
22 | waste
handling facility serving 7,000 or greater animal | ||||||
23 | units, the setback is as
follows:
| ||||||
24 | (A) For a populated area, the minimum setback shall | ||||||
25 | be 1 mile.
| ||||||
26 | (B) For any occupied residence, the minimum | ||||||
27 | setback shall be 1/2 mile.
| ||||||
28 | (d) Requirements governing the location of a new livestock | ||||||
29 | management
facility and new livestock waste-handling facility | ||||||
30 | and conditions for
exemptions or compliance with the maximum | ||||||
31 | feasible location as provided in
rules adopted pursuant to the | ||||||
32 | Illinois Environmental Protection Act concerning
agriculture | ||||||
33 | regulated pollution shall apply to those facilities identified | ||||||
34 | in
subsections (b) and (c) of this Section. With regard to the | ||||||
35 | maximum feasible
location requirements, any reference to a | ||||||
36 | setback distance in the rules
under the Illinois Environmental |
| |||||||
| |||||||
1 | Protection Act shall mean the appropriate
distance as
set forth | ||||||
2 | in this Section.
| ||||||
3 | (e) Setback category shall be determined by the design | ||||||
4 | capacity in animal
units of the livestock management
facility.
| ||||||
5 | (f) Setbacks may be decreased when innovative designs as | ||||||
6 | approved by the
Department are incorporated into the facility.
| ||||||
7 | (g) A setback may be decreased when waivers are obtained | ||||||
8 | from owners of
residences that are occupied and located in the | ||||||
9 | setback area.
| ||||||
10 | (Source: P.A. 91-110, eff. 7-13-99.)
| ||||||
11 | (510 ILCS 77/55)
| ||||||
12 | Sec. 55. Rules; Livestock Management Facilities Advisory | ||||||
13 | Committee.
| ||||||
14 | (a) There is hereby established a Livestock Management | ||||||
15 | Facilities Advisory
Committee, which shall include the | ||||||
16 | Directors of the Department of Agriculture,
the Environmental | ||||||
17 | Protection Agency, the Department of Natural Resources, and
the | ||||||
18 | Department of Public Health, or their designees. The Director | ||||||
19 | of
Agriculture or his or her designee shall serve as the Chair | ||||||
20 | of the Advisory
Committee. Members of the
Advisory Committee | ||||||
21 | may organize themselves as they deem necessary and shall
serve | ||||||
22 | without compensation.
| ||||||
23 | (b) The Advisory Committee shall review, evaluate, and make | ||||||
24 | recommendations
to the Department of Agriculture for rules | ||||||
25 | necessary for the
implementation of this Act. Based upon the | ||||||
26 | recommendations of the Advisory
Committee, the Department of | ||||||
27 | Agriculture shall: (i) propose rules to the Pollution Control | ||||||
28 | Board for
the implementation of
design and construction | ||||||
29 | standards for livestock
waste handling facilities as set forth | ||||||
30 | in Sections 13 and 15(a-5) of
this Act
based upon
the standards | ||||||
31 | set forth in the American Society of Agricultural Engineers'
| ||||||
32 | Standards,
Engineering Practices and Data (ASAE Standards) and | ||||||
33 | future updates, Midwest
Plan
Service's Concrete Manure Storage | ||||||
34 | Handbook (MWPS-36) and future updates and
related supplemental | ||||||
35 | technical documents, the Midwest Plan Service's Livestock
|
| |||||||
| |||||||
1 | Waste Facilities Handbook (MWPS-18) and future updates and | ||||||
2 | related supplemental
technical documents or similar standards | ||||||
3 | used by the Natural Resources
Conservation
Service of the | ||||||
4 | United States Department of Agriculture; and (ii) on
and after | ||||||
5 | the
effective date of this amendatory Act of 1999, provide | ||||||
6 | public notice in
the State
newspaper, the Illinois Register, | ||||||
7 | and on the Department's Internet website;
hold
public
hearings | ||||||
8 | during the first notice period; and take public comments and | ||||||
9 | adopt
rules
pursuant
to the Illinois Administrative Procedure | ||||||
10 | Act for all Sections of this Act other
than
design and | ||||||
11 | construction standards for livestock waste handling facility | ||||||
12 | as set
forth in
Sections 13 and 15(a-5).
| ||||||
13 | (c) The
Pollution Control Board shall hold hearings on and | ||||||
14 | adopt rules
for
the implementation of
design and construction | ||||||
15 | standards for livestock waste handling facilities
as set forth | ||||||
16 | in Sections 13 and 15(a-5) of this Act in the manner
provided | ||||||
17 | for in Sections 27 and 28
of the Environmental Protection Act. | ||||||
18 | Rules adopted pursuant to this Section
shall take into account | ||||||
19 | all available pollution control technologies
and shall be
| ||||||
20 | technologically feasible and economically reasonable.
| ||||||
21 | (d) The Advisory Committee shall meet as needed as | ||||||
22 | determined by the Chair of the Advisory Committee to accomplish | ||||||
23 | the requirements of subsection (b)
once every 6 months after | ||||||
24 | the
effective date of this amendatory Act of 1997 to review, | ||||||
25 | evaluate, and make
recommendations to the Department of | ||||||
26 | Agriculture concerning the Department's
random inspection of | ||||||
27 | livestock waste lagoons under Section 16 of this Act.
| ||||||
28 | (Source: P.A. 90-565, eff. 6-1-98; 91-110, eff. 7-13-99.)
| ||||||
29 | (510 ILCS 77/17 rep.)
| ||||||
30 | Section 10. The Livestock Management Facilities Act is | ||||||
31 | amended by repealing Section 17.
|