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    AN ACT concerning animals.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Livestock Management Facilities Act is 
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amended  by changing Section 13 as follows:
 



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    (510 ILCS 77/13)



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    Sec. 13. Livestock waste handling facilities other than 
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earthen livestock
waste lagoons;
construction standards; 
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certification; inspection; removal-from-service
requirements.

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    (a) After the effective date of this amendatory Act of 
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1999, livestock waste
handling
facilities other than earthen 
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livestock waste lagoons used for the storage of
livestock waste 
13
shall
be constructed in accordance with this Section.


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        (1) Livestock waste handling facilities constructed of 
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    concrete shall meet
the
strength and load factors set forth 
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    in the Midwest Plan Service's Concrete
Manure
Storage 
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    Handbook (MWPS-36) and future updates.  In addition, those 
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    structures
shall
meet the following requirements:


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            (A) Waterstops shall be incorporated into the 
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        design of the storage
structure when consistent with 
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        the requirements of paragraph (1) of this
subsection;


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            (B) Storage structures that handle waste in a 
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        liquid form shall be
designed to contain a volume of 
 


 






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        not less than the amount of waste generated
during 150 
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        days of facility operation at design capacity; the 
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        owner or operator of a livestock waste handling 
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        facility constructed with concrete with a design 
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        capacity of less than 300 animal units may demonstrate 
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        to the Department that a reduced storage volume, not 
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        less than 60 days, is feasible due to (i) the 
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        availability of land application areas that can 
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        receive manure at agronomic rates or (ii) another 
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        manure disposal method is proposed that will allow for 
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        the reduced manure storage design capacity; the 
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        Department shall evaluate the proposal and determine 
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        whether a reduced manure storage design capacity is 
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        appropriate for the site; and


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            (C) Storage structures not covered or otherwise 
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        protected from
precipitation shall, in addition to the 
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        waste storage volume requirements of
subparagraph (B) 
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        of paragraph (1) of this subsection, include a 2-foot

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        freeboard.


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        (2) A livestock waste handling facility in a 
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    prefabricated form shall meet
the
strength, load, and 
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    compatibility factors for its intended use.  Those factors

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    shall be
verified by the manufacturer's specifications.


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        (3) Livestock waste handling facilities holding 
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    semi-solid livestock
waste,
including but not limited to 
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    picket dam structures, shall be constructed
according to

 


 






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    the requirements set forth in the Midwest Plan Service's 
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    Livestock Waste
Facilities
Handbook (MWPS-18) and future 
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    updates or similar standards used by the Natural
Resources 
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    Conservation Service of the United States Department of 
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    Agriculture.


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        (4) Livestock waste handling facilities holding solid 
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    livestock waste
shall be
constructed according to the 
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    requirements set forth in the Midwest Plan
Service's

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    Livestock Waste Facilities Handbook (MWPS-18) and future 
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    updates or similar
standards used by the Natural Resources 
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    Conservation Service of the United
States
Department of 
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    Agriculture.  In addition, solid livestock waste stacking

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    structures shall
be sized to store not less than the amount 
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    of waste generated during
6 months
of facility
operation at 
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    design capacity. The owner or operator of a livestock waste 
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    handling facility holding solid livestock waste with a 
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    design capacity of less than 300 animal units may 
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    demonstrate to the Department that a reduced storage 
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    volume, not less than 2 months, is feasible due to (i) the 
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    availability of land application areas that can receive 
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    manure at agronomic rates or (ii) another manure disposal 
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    method is proposed that will allow for the reduced storage 
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    design capacity. The Department shall evaluate the 
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    proposal and determine whether a reduced manure storage 
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    design capacity is appropriate for the site.


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        (5) Holding ponds used for the temporary storage of 
 


 






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    livestock feedlot
run-off
shall be constructed according 
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    to the requirements set forth in the Midwest
Plan
Service's 
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    Livestock Waste Facilities Handbook (MWPS-18) and future 
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    updates or
similar standards used by the Natural Resources 
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    Conservation Service of the
United
States Department of 
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    Agriculture.

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    (b) New livestock management facilities and livestock 
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waste handling
facilities
constructed after the effective date 
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of this amendatory Act of 1999 shall be
subject to the

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additional construction requirements and siting prohibitions 
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provided in this
subsection (b).


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        (1) No new non-lagoon livestock management facility or 
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    livestock waste
handling facility may be constructed 
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    within the floodway of a 100-year
floodplain. A
new 
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    livestock management facility or livestock waste handling 
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    facility may be
constructed within the portion of a 
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    100-year floodplain that is within the
flood fringe
and 
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    outside the floodway provided that the facility is designed 
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    and constructed
to be
protected from flooding and meets the 
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    requirements set forth in the Rivers,
Lakes, and Streams 
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    Act, Section 5-40001 of the Counties Code,
and Executive 
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    Order Number 4 (1979).  The delineation of
floodplains, 
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    floodways, and flood fringes shall be in compliance with 
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    the
National Flood
Insurance Program.  Protection from 
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    flooding shall be consistent with the
National
Flood 
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    Insurance Program and shall be designed so that stored 
 


 






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    livestock waste is
not
readily removed.


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        (2) A new non-lagoon livestock waste handling facility 
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    constructed in a
karst
area shall be designed to prevent 
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    seepage of the stored material into
groundwater in

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    accordance with ASAE 393.2 or future updates.  Owners or 
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    operators of proposed
facilities should consult with the 
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    local soil and water conservation district,
the
University 
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    of Illinois Cooperative Extension Service, or other local, 
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    county,
or State
resources relative to determining the 
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    possible presence or absence of such
areas.

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    Notwithstanding the other provisions of this paragraph 
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    (2), after the
effective date
of this amendatory Act of 
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    1999, no non-lagoon livestock waste handling facility
may 
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    be
constructed within 400 feet of any natural depression in 
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    a karst area formed as
a result
of subsurface removal of 
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    soil or rock materials that has caused the formation
of a

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    collapse feature that exhibits internal drainage.  For the 
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    purposes of this
paragraph
(2), the existence of such a 
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    natural depression in a karst area shall be
indicated by

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    the uppermost closed depression contour lines on a USGS 7 
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    1/2 minute quadrangle
topographic map or as determined by 
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    Department field investigation in a karst
area.


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        (3) A new non-lagoon livestock waste handling facility 
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    constructed in an
area
where aquifer material is present 
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    within 5 feet of the bottom of the facility
shall be

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    designed to ensure the structural integrity of the 
 


 






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    containment structure and to
prevent
seepage of the stored 
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    material to groundwater.  Footings and underlying
structure

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    support shall be incorporated into the design standards of 
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    the storage
structure in
accordance with the requirements 
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    of Section 4.1 of the American Society of
Agricultural 
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    Engineers (ASAE) EP 393.2 or future updates.

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    (c) A livestock waste handling facility owner may rely on 
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guidance from the
local soil
and water conservation district, 
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the Natural Resources Conservation Service of
the United
States 
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Department of Agriculture, or the University of Illinois 
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Cooperative
Extension Service
for soil type and associated 
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information.

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    (d) The standards in subsections (a) and (b) shall serve as 
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interim
construction
standards until such time as permanent 
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rules promulgated pursuant to Section 55
of this Act
become 
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effective.  In addition, the Department and the Board shall 
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utilize the
interim
standards in subsections (a) and (b) as a 
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basis for the development of such
permanent rules.

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    (e) The owner or operator of a livestock management 
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facility or livestock
waste
handling facility may, with the 
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approval of the Department, elect to exceed the
strength and

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load requirements as set forth in this Section.

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    (f) The owner or operator of a livestock management 
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facility or livestock
waste
handling facility shall send, by 
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certified mail or in person, to the Department
a certification

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of compliance together with copies of verification documents 
 


 






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upon completion of
construction.
In the case of structures 
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constructed with the design standards used by the
Natural 
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Resources
Conservation Service of the United States Department 
4
of Agriculture, copies of
the design
standards and a statement 
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of verification signed by a representative of the
United States

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Department of Agriculture shall accompany the owner's or 
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operator's
certification of
compliance.  The certification 
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shall state that the structure meets or exceeds
the 
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requirements
in subsection (a) of this Section.  A $250 filing 
10
fee shall accompany the
statement.

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    (g) The Department shall inspect the construction site 
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prior to
construction, during
construction, and within 10 
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business days following receipt of the
certification of 
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compliance
to determine compliance with the construction 
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standards.

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    (h) The Department shall require modification when 
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necessary to bring the
construction into compliance with the 
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standards set forth in this Section.  The
person making
the 
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inspection shall discuss with the owner, operator, or certified 
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livestock
manager an
evaluation of the livestock waste handling 
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facility construction and shall (i)
provide on-site
written 
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recommendations to the owner, operator, or certified livestock 
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manager
of what
modifications are necessary or (ii) inform the 
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owner, operator, or certified
livestock manager
that the 
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facility meets the standards set forth in this Section.  On the 
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day of
the inspection, the
person making the inspection shall 
 


 






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give the owner, operator, or certified
livestock manager a

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written report of findings based on the inspection together 
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with an explanation
of remedial
measures necessary to enable 
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the livestock waste handling facility to meet the
standards set

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forth in this Section.  The Department shall, within 5 business 
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days of the date of inspection,
send an official written notice 
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to the owner or operator of the livestock waste handling 
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facility
by certified mail, return receipt requested, 
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indicating that the facility meets the standards set
forth in 
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this Section or identifying the remedial measures necessary to 
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enable the livestock
waste handling facility to meet the 
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standards set forth in this Section.  The owner or operator

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shall, within 10 business days of receipt of an official 
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written notice of deficiencies, contact the
Department to 
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develop the principles of an agreement of compliance.  The owner 
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or operator
and the Department shall enter into an agreement of 
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compliance setting forth the specific
changes to be made to 
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bring the construction into compliance with the standards

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required under
this Section.  If an agreement of compliance 
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cannot be achieved, the Department
shall issue a
compliance 
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order to the owner or operator outlining the specific changes 
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to be
made to bring
the construction into compliance with the 
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standards required under this
Section.
 The owner
or operator 
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can request an administrative hearing to contest the provisions 
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of
the
Department's compliance order.

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    (j) If any owner or operator operates in violation of an 
 


 






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agreement of
compliance, the
Department shall seek an 
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injunction in circuit court to prohibit the operation
of the 
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facility
until construction and certification of the livestock 
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waste handling facility
are in compliance
with the provisions 
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of this Section.

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    (k) When any livestock management facility not using an 
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earthen livestock
waste
lagoon is removed from service, the 
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accumulated livestock waste remaining within the facility

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shall be removed and applied to land at rates consistent with a 
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waste management plan for the
facility.  Removal of the waste 
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shall occur within 12 months after the date
livestock 
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production
at the facility ceases.  In addition, the owner or 
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operator shall make
provisions to prevent the
accumulation of 
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precipitation within the livestock waste handling facility.

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Upon completion
of the removal of manure, the owner or operator 
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of the facility shall notify
the Department that
the facility 
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is being removed from service and the remaining manure has been

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removed.  The
Department shall conduct an inspection of the 
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livestock waste handling facility
and inform the
owner or 
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operator in writing that the requirements imposed under this

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subsection (k) have been met or that
additional actions are 
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necessary.  Commencement of operations at a facility
that has 
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livestock
shelters left intact and that has completed the 
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requirements imposed under this
subsection
(k)
and that has 
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been
operated as a livestock management facility or livestock 
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waste handling
facility for 4
consecutive months at any time 
 


 






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within the previous 10 years shall not be
considered a new or

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expanded livestock management or waste handling facility.  A new 
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facility
constructed after May 21, 1996 that has
been removed

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from service for a period of 2 or more years shall not be 
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placed back into
service prior to an
inspection of the 
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livestock waste handling facility and receipt of written

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approval by the
Department.

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(Source: P.A. 91-110, eff. 7-13-99.)