Full Text of HB0215 95th General Assembly
HB0215eng 95TH GENERAL ASSEMBLY
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HB0215 Engrossed |
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LRB095 04359 CMK 24402 b |
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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 | 5 |
| 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 | 8 |
| earthen livestock
waste lagoons;
construction standards; | 9 |
| certification; inspection; removal-from-service
requirements.
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| (a) After the effective date of this amendatory Act of | 11 |
| 1999, livestock waste
handling
facilities other than earthen | 12 |
| 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 | 15 |
| concrete shall meet
the
strength and load factors set forth | 16 |
| in the Midwest Plan Service's Concrete
Manure
Storage | 17 |
| Handbook (MWPS-36) and future updates. In addition, those | 18 |
| structures
shall
meet the following requirements:
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| (A) Waterstops shall be incorporated into the | 20 |
| design of the storage
structure when consistent with | 21 |
| the requirements of paragraph (1) of this
subsection;
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| (B) Storage structures that handle waste in a | 23 |
| liquid form shall be
designed to contain a volume of |
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| not less than the amount of waste generated
during 150 | 2 |
| days of facility operation at design capacity ; the | 3 |
| owner or operator of a livestock waste handling | 4 |
| facility constructed with concrete with a design | 5 |
| capacity of less than 300 animal units may demonstrate | 6 |
| to the Department that a reduced storage volume, not | 7 |
| less than 60 days, is feasible due to (i) the | 8 |
| availability of land application areas that can | 9 |
| receive manure at agronomic rates or (ii) another | 10 |
| manure disposal method is proposed that will allow for | 11 |
| the reduced manure storage design capacity; the | 12 |
| Department shall evaluate the proposal and determine | 13 |
| whether a reduced manure storage design capacity is | 14 |
| appropriate for the site ; and
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| (C) Storage structures not covered or otherwise | 16 |
| protected from
precipitation shall, in addition to the | 17 |
| waste storage volume requirements of
subparagraph (B) | 18 |
| 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 | 21 |
| prefabricated form shall meet
the
strength, load, and | 22 |
| 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 | 25 |
| semi-solid livestock
waste,
including but not limited to | 26 |
| picket dam structures, shall be constructed
according to
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LRB095 04359 CMK 24402 b |
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| the requirements set forth in the Midwest Plan Service's | 2 |
| Livestock Waste
Facilities
Handbook (MWPS-18) and future | 3 |
| updates or similar standards used by the Natural
Resources | 4 |
| Conservation Service of the United States Department of | 5 |
| Agriculture.
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| (4) Livestock waste handling facilities holding solid | 7 |
| livestock waste
shall be
constructed according to the | 8 |
| requirements set forth in the Midwest Plan
Service's
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| Livestock Waste Facilities Handbook (MWPS-18) and future | 10 |
| updates or similar
standards used by the Natural Resources | 11 |
| Conservation Service of the United
States
Department of | 12 |
| Agriculture. In addition, solid livestock waste stacking
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| structures shall
be sized to store not less than the amount | 14 |
| of waste generated during
6 months
of facility
operation at | 15 |
| design capacity . The owner or operator of a livestock waste | 16 |
| handling facility holding solid livestock waste with a | 17 |
| design capacity of less than 300 animal units may | 18 |
| demonstrate to the Department that a reduced storage | 19 |
| volume, not less than 2 months, is feasible due to (i) the | 20 |
| availability of land application areas that can receive | 21 |
| manure at agronomic rates or (ii) another manure disposal | 22 |
| method is proposed that will allow for the reduced storage | 23 |
| design capacity. The Department shall evaluate the | 24 |
| proposal and determine whether a reduced manure storage | 25 |
| 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 | 2 |
| to the requirements set forth in the Midwest
Plan
Service's | 3 |
| Livestock Waste Facilities Handbook (MWPS-18) and future | 4 |
| updates or
similar standards used by the Natural Resources | 5 |
| Conservation Service of the
United
States Department of | 6 |
| Agriculture.
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| (b) New livestock management facilities and livestock | 8 |
| waste handling
facilities
constructed after the effective date | 9 |
| of this amendatory Act of 1999 shall be
subject to the
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| additional construction requirements and siting prohibitions | 11 |
| provided in this
subsection (b).
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| (1) No new non-lagoon livestock management facility or | 13 |
| livestock waste
handling facility may be constructed | 14 |
| within the floodway of a 100-year
floodplain. A
new | 15 |
| livestock management facility or livestock waste handling | 16 |
| facility may be
constructed within the portion of a | 17 |
| 100-year floodplain that is within the
flood fringe
and | 18 |
| outside the floodway provided that the facility is designed | 19 |
| and constructed
to be
protected from flooding and meets the | 20 |
| requirements set forth in the Rivers,
Lakes, and Streams | 21 |
| Act, Section 5-40001 of the Counties Code,
and Executive | 22 |
| Order Number 4 (1979). The delineation of
floodplains, | 23 |
| floodways, and flood fringes shall be in compliance with | 24 |
| the
National Flood
Insurance Program. Protection from | 25 |
| flooding shall be consistent with the
National
Flood | 26 |
| 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 | 3 |
| constructed in a
karst
area shall be designed to prevent | 4 |
| seepage of the stored material into
groundwater in
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| accordance with ASAE 393.2 or future updates. Owners or | 6 |
| operators of proposed
facilities should consult with the | 7 |
| local soil and water conservation district,
the
University | 8 |
| of Illinois Cooperative Extension Service, or other local, | 9 |
| county,
or State
resources relative to determining the | 10 |
| possible presence or absence of such
areas.
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| Notwithstanding the other provisions of this paragraph | 12 |
| (2), after the
effective date
of this amendatory Act of | 13 |
| 1999, no non-lagoon livestock waste handling facility
may | 14 |
| be
constructed within 400 feet of any natural depression in | 15 |
| a karst area formed as
a result
of subsurface removal of | 16 |
| soil or rock materials that has caused the formation
of a
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| collapse feature that exhibits internal drainage. For the | 18 |
| purposes of this
paragraph
(2), the existence of such a | 19 |
| natural depression in a karst area shall be
indicated by
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| the uppermost closed depression contour lines on a USGS 7 | 21 |
| 1/2 minute quadrangle
topographic map or as determined by | 22 |
| Department field investigation in a karst
area.
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| (3) A new non-lagoon livestock waste handling facility | 24 |
| constructed in an
area
where aquifer material is present | 25 |
| 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 | 2 |
| material to groundwater. Footings and underlying
structure
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| support shall be incorporated into the design standards of | 4 |
| the storage
structure in
accordance with the requirements | 5 |
| of Section 4.1 of the American Society of
Agricultural | 6 |
| Engineers (ASAE) EP 393.2 or future updates.
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| (c) A livestock waste handling facility owner may rely on | 8 |
| guidance from the
local soil
and water conservation district, | 9 |
| the Natural Resources Conservation Service of
the United
States | 10 |
| Department of Agriculture, or the University of Illinois | 11 |
| Cooperative
Extension Service
for soil type and associated | 12 |
| information.
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| (d) The standards in subsections (a) and (b) shall serve as | 14 |
| interim
construction
standards until such time as permanent | 15 |
| rules promulgated pursuant to Section 55
of this Act
become | 16 |
| effective. In addition, the Department and the Board shall | 17 |
| utilize the
interim
standards in subsections (a) and (b) as a | 18 |
| basis for the development of such
permanent rules.
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| (e) The owner or operator of a livestock management | 20 |
| facility or livestock
waste
handling facility may, with the | 21 |
| 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 | 24 |
| facility or livestock
waste
handling facility shall send, by | 25 |
| 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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LRB095 04359 CMK 24402 b |
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| upon completion of
construction.
In the case of structures | 2 |
| constructed with the design standards used by the
Natural | 3 |
| Resources
Conservation Service of the United States Department | 4 |
| of Agriculture, copies of
the design
standards and a statement | 5 |
| of verification signed by a representative of the
United States
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| Department of Agriculture shall accompany the owner's or | 7 |
| operator's
certification of
compliance. The certification | 8 |
| shall state that the structure meets or exceeds
the | 9 |
| 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 | 12 |
| prior to
construction, during
construction, and within 10 | 13 |
| business days following receipt of the
certification of | 14 |
| compliance
to determine compliance with the construction | 15 |
| standards.
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| (h) The Department shall require modification when | 17 |
| necessary to bring the
construction into compliance with the | 18 |
| standards set forth in this Section. The
person making
the | 19 |
| inspection shall discuss with the owner, operator, or certified | 20 |
| livestock
manager an
evaluation of the livestock waste handling | 21 |
| facility construction and shall (i)
provide on-site
written | 22 |
| recommendations to the owner, operator, or certified livestock | 23 |
| manager
of what
modifications are necessary or (ii) inform the | 24 |
| owner, operator, or certified
livestock manager
that the | 25 |
| facility meets the standards set forth in this Section. On the | 26 |
| day of
the inspection, the
person making the inspection shall |
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LRB095 04359 CMK 24402 b |
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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 | 3 |
| with an explanation
of remedial
measures necessary to enable | 4 |
| the livestock waste handling facility to meet the
standards set
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| forth in this Section. The Department shall, within 5 business | 6 |
| days of the date of inspection,
send an official written notice | 7 |
| to the owner or operator of the livestock waste handling | 8 |
| facility
by certified mail, return receipt requested, | 9 |
| indicating that the facility meets the standards set
forth in | 10 |
| this Section or identifying the remedial measures necessary to | 11 |
| enable the livestock
waste handling facility to meet the | 12 |
| standards set forth in this Section. The owner or operator
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| shall, within 10 business days of receipt of an official | 14 |
| written notice of deficiencies, contact the
Department to | 15 |
| develop the principles of an agreement of compliance. The owner | 16 |
| or operator
and the Department shall enter into an agreement of | 17 |
| compliance setting forth the specific
changes to be made to | 18 |
| bring the construction into compliance with the standards
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| required under
this Section. If an agreement of compliance | 20 |
| cannot be achieved, the Department
shall issue a
compliance | 21 |
| order to the owner or operator outlining the specific changes | 22 |
| to be
made to bring
the construction into compliance with the | 23 |
| standards required under this
Section.
The owner
or operator | 24 |
| can request an administrative hearing to contest the provisions | 25 |
| 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 | 2 |
| injunction in circuit court to prohibit the operation
of the | 3 |
| facility
until construction and certification of the livestock | 4 |
| waste handling facility
are in compliance
with the provisions | 5 |
| of this Section.
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| (k) When any livestock management facility not using an | 7 |
| earthen livestock
waste
lagoon is removed from service, the | 8 |
| accumulated livestock waste remaining within the facility
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| shall be removed and applied to land at rates consistent with a | 10 |
| waste management plan for the
facility. Removal of the waste | 11 |
| shall occur within 12 months after the date
livestock | 12 |
| production
at the facility ceases. In addition, the owner or | 13 |
| operator shall make
provisions to prevent the
accumulation of | 14 |
| precipitation within the livestock waste handling facility.
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| Upon completion
of the removal of manure, the owner or operator | 16 |
| of the facility shall notify
the Department that
the facility | 17 |
| is being removed from service and the remaining manure has been
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| removed. The
Department shall conduct an inspection of the | 19 |
| livestock waste handling facility
and inform the
owner or | 20 |
| operator in writing that the requirements imposed under this
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| subsection (k) have been met or that
additional actions are | 22 |
| necessary. Commencement of operations at a facility
that has | 23 |
| livestock
shelters left intact and that has completed the | 24 |
| requirements imposed under this
subsection
(k)
and that has | 25 |
| been
operated as a livestock management facility or livestock | 26 |
| waste handling
facility for 4
consecutive months at any time |
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LRB095 04359 CMK 24402 b |
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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 | 3 |
| 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 | 5 |
| placed back into
service prior to an
inspection of the | 6 |
| 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.)
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