Full Text of HB5637 98th General Assembly
HB5637 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5637 Introduced , by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED: |
| 510 ILCS 77/10.2 new | | 510 ILCS 77/10.45 | | 510 ILCS 77/11 | | 510 ILCS 77/12 | | 510 ILCS 77/12.1 | | 510 ILCS 77/13 | | 510 ILCS 77/15 | | 510 ILCS 77/20 | | 510 ILCS 77/35 | | 510 ILCS 77/37 new | |
|
Amends the Livestock Management Facilities Act. Changes the definition of "new facility" to include an existing facility that expands or modifies its operations to increase the animal unit capacity. Provides that, within 10 calendar days after notification by the Department to the owner or operator that the registration and notice of intent to construct are complete, the owner or operator of the proposed facility shall mail by certified mail, return receipt requested, a copy of the complete notice of intent to construct form to the owners of property located within the setback areas. Makes changes to provisions concerning public hearings and final determinations. Provides that livestock management facilities or livestock waste handling facilities constructed after the effective date of this amendatory Act of the 98th General Assembly shall not have man-made conduits from surface waters to those livestock management facilities or livestock waste handling facilities. Provides that a livestock management facility's waste management plan shall be submitted to the Department and the Department shall make the plan available to the public. Adds information that a waste management plan must include. Provides for civil actions under specified provisions of the Act. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB5637 | | LRB098 19119 MGM 54270 b |
|
| 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 10.45, 11, 12, 12.1, 13, 15, 20, | 6 | | and 35 and by adding Sections 10.2 and 37 as follows: | 7 | | (510 ILCS 77/10.2 new) | 8 | | Sec. 10.2. Affected party. "Affected party" means any | 9 | | person who is or will be aggrieved by the construction of the | 10 | | proposed livestock management facility or livestock waste | 11 | | handling facility, including, but not limited to, all persons | 12 | | identified by the applicant in its notice of intent to | 13 | | construct as owning property within the setback area or as | 14 | | owners or operators of the nearest residence, non-farm | 15 | | business, or common place of assembly, as well as any person | 16 | | who owns or resides in property contiguous to the outer | 17 | | boundaries of the required setback.
| 18 | | (510 ILCS 77/10.45)
| 19 | | Sec. 10.45. New facility. "New facility" means a livestock | 20 | | management facility or a livestock
waste handling facility the | 21 | | construction or expansion of which is commenced
on or after the | 22 | | effective date of
this Act. "New facility" includes an existing |
| | | HB5637 | - 2 - | LRB098 19119 MGM 54270 b |
|
| 1 | | facility that expands or modifies its operations to increase | 2 | | the animal unit capacity.
Expanding a facility where the fixed | 3 | | capital cost of the new components
constructed within a 2-year | 4 | | period does not exceed 50% of the fixed capital
cost of a | 5 | | comparable entirely new facility shall not be deemed a new | 6 | | facility
as used in this Act.
| 7 | | (Source: P.A. 89-456, eff. 5-21-96.)
| 8 | | (510 ILCS 77/11)
| 9 | | Sec. 11.
Filing notice of intent to construct and | 10 | | construction data;
registration of facilities.
| 11 | | (a) An owner or operator shall file a notice of intent to | 12 | | construct for a
livestock
management facility or livestock | 13 | | waste handling facility with the Department
prior to
| 14 | | construction to establish a base date, which shall be valid for | 15 | | one year, for
determination of setbacks in compliance with | 16 | | setback distances or, in the case
of
construction that is not a | 17 | | new facility, with the maximum feasible location
requirements | 18 | | of Section 35 of this Act.
| 19 | | (b) For a livestock waste handling facility that is not | 20 | | subject to Section
12
of this Act, a
construction plan of the | 21 | | waste handling structure with design specifications of
the
| 22 | | structure noted as prepared by or for the owner or operator | 23 | | shall be filed with
the
Department at least 10 calendar days | 24 | | prior to the anticipated dates of
construction.
Upon receipt of | 25 | | the notice of intent to construct form or the construction
|
| | | HB5637 | - 3 - | LRB098 19119 MGM 54270 b |
|
| 1 | | plan, the
Department shall review the documents to determine if | 2 | | all information has been
submitted or if clarification is | 3 | | needed. The Department shall, within 15
calendar days
of | 4 | | receipt of a notice of intent to construct or the construction | 5 | | plan, notify
the owner or
operator that construction may begin | 6 | | or that clarification is needed.
| 7 | | (c) For a livestock waste handling facility that is subject | 8 | | to Section 12 of
this Act, a
completed registration shall be | 9 | | filed with the Department at least 37 calendar
days
prior to | 10 | | the anticipated dates of construction. The registration shall | 11 | | include
the
following: (i) the name and address of the owner | 12 | | and operator of the livestock
waste
handling facility; (ii) a | 13 | | general description of the livestock waste handling
structure
| 14 | | and the type and number of the animal units of livestock it | 15 | | serves; (iii) the
construction plan of the waste handling | 16 | | structure with design specifications of
the
structure noted as | 17 | | prepared by or for the owner or operator, and (iv)
anticipated | 18 | | dates
of construction. The Department shall, within 15 calendar | 19 | | days of receipt of
the
registration form, notify the person | 20 | | submitting the form that the registration
is
complete or that | 21 | | clarification information is needed. Within 10 calendar days | 22 | | after notification by the Department to the owner or operator | 23 | | that the registration and notice of intent to construct are | 24 | | complete, the owner or operator of the proposed facility shall | 25 | | mail by certified mail, return receipt requested, a copy of the | 26 | | complete notice of intent to construct form to the owners of |
| | | HB5637 | - 4 - | LRB098 19119 MGM 54270 b |
|
| 1 | | property located within the setback areas. This mailing shall | 2 | | include information about the right to petition the county | 3 | | board to request a public hearing.
| 4 | | (d) Any owner or operator who fails to file a notice of | 5 | | intent to construct
form or
construction plans with the | 6 | | Department prior to commencing construction, upon
being
| 7 | | discovered by the Department, shall be subject to an | 8 | | administrative hearing by the
Department. The administrative | 9 | | law judge, upon determination of a failure to file the
| 10 | | appropriate form, shall impose a civil administrative penalty | 11 | | in an amount no more
than $1,000 and shall enter an | 12 | | administrative order directing that the owner or
operator file | 13 | | the appropriate form within 10 business days after receiving | 14 | | notice from
the Department. If, after receiving the | 15 | | administrative law judge's order to file, the
owner or operator | 16 | | fails to file the appropriate form with the Department, the
| 17 | | Department shall impose a civil administrative penalty in an | 18 | | amount no less than
$1,000 and no more than $2,500 and shall | 19 | | enter an administrative order
prohibiting
the operation of the | 20 | | facility until the owner or operator is in compliance with
this | 21 | | Act.
Penalties under this subsection (d) not paid within 60 | 22 | | days of notice from the
Department shall be submitted to the | 23 | | Attorney General's office or an approved
private collection | 24 | | agency.
| 25 | | (Source: P.A. 91-110, eff. 7-13-99.)
|
| | | HB5637 | - 5 - | LRB098 19119 MGM 54270 b |
|
| 1 | | (510 ILCS 77/12)
| 2 | | Sec. 12. Public hearing informational meeting ; lagoons and | 3 | | non-lagoon structures.
| 4 | | (a) Beginning on the effective date of this amendatory Act | 5 | | of 1999, within 7
days after
receiving a complete form giving | 6 | | notice of intent to construct (i) a new livestock
management | 7 | | facility or
livestock waste handling facility serving 1,000 or | 8 | | more animal units that does
not propose to
utilize a lagoon or | 9 | | (ii) a livestock waste management facility or livestock
waste | 10 | | handling facility
that does propose to utilize a lagoon, the | 11 | | Department shall send a copy of the
notice form to the
county | 12 | | board of the county in which the facility is to be located and | 13 | | shall
publish a public notice in
a newspaper of general | 14 | | circulation within the county. | 15 | | (a-5) After receiving a copy
of the notice form
from the | 16 | | Department, the county board shall, may, at its discretion and | 17 | | within 30 days
after receipt of
the notice, upon request from | 18 | | any person receiving personal notice under Section 10.2 or 11 | 19 | | of this Act, request that the Department conduct a public | 20 | | hearing an informational meeting
concerning the
proposed | 21 | | construction that is subject to this Section. The In addition, | 22 | | during the
county's 30-day
review period, county residents may | 23 | | petition the county board of the county
where the proposed
new | 24 | | facility will be located to request that the Department conduct | 25 | | an
informational meeting.
When petitioned by 75 or more of the | 26 | | county's residents who are registered
voters, the county
board |
| | | HB5637 | - 6 - | LRB098 19119 MGM 54270 b |
|
| 1 | | shall request that the Department conduct an informational | 2 | | meeting. If
the county board
requests that the Department shall | 3 | | conduct the public hearing informational meeting, the | 4 | | Department
shall conduct
the informational meeting within 15 | 5 | | days of the county board's request. The If the
Department
| 6 | | conducts such a meeting, it shall cause notice of the hearing | 7 | | meeting to be published
in a newspaper of
general circulation | 8 | | in the county and in the State newspaper and shall send a
copy | 9 | | of the notice to the County Board. Upon receipt of the notice, | 10 | | the County
Board shall post the notice
on the public
| 11 | | informational board at the county courthouse at least 10 days | 12 | | before the hearing
meeting . The owner or
operator who submitted | 13 | | the notice of intent to construct to the Department
shall | 14 | | appear at the hearing
meeting . At the hearing meeting , the | 15 | | Department shall afford affected parties and other persons | 16 | | members of the public an
opportunity to ask
questions and | 17 | | present oral or written comments concerning the proposed
| 18 | | construction. The period for comments shall end 10 days after | 19 | | the date on which the public hearing is held.
| 20 | | (b) The county board shall submit , at the informational | 21 | | meeting or within 30
days of the public hearing, a following
| 22 | | the meeting an advisory, non-binding recommendation to the | 23 | | Department about the
proposed
new facility's construction in | 24 | | accordance with the applicable requirements of
this Act. The | 25 | | county board's recommendation against the granting of | 26 | | permission to construct shall result in the prohibition of |
| | | HB5637 | - 7 - | LRB098 19119 MGM 54270 b |
|
| 1 | | construction by the Department. The county board's | 2 | | recommendation to grant permission to construct shall be | 3 | | advisory to the Department, pending review of the application | 4 | | by the Department. The
advisory, non-binding recommendation | 5 | | shall contain at a minimum:
| 6 | | (1) a statement of whether the proposed facility | 7 | | achieves or fails to
achieve each
of the 8 siting criteria | 8 | | as outlined in subsection (d); and
| 9 | | (2) a statement of the information and criteria used by | 10 | | the county board
in
determining that the proposed facility | 11 | | met or failed to meet any of the
criteria
described in | 12 | | subsection (d).
| 13 | | (c) Construction When the county board requests an | 14 | | informational meeting, construction
shall not
begin until | 15 | | after the public hearing informational meeting has been held, | 16 | | the Department has
reviewed the
county board's recommendation | 17 | | and replied to the recommendation indicating if
the proposed
| 18 | | new livestock management facility or the new livestock waste | 19 | | handling facility
is or will be in
compliance with the | 20 | | requirements of the Act, and the owner, operator, or
certified | 21 | | manager and
operator has received the Department's final | 22 | | determination notice that the setbacks and all
applicable | 23 | | requirements
of this Act have been met.
| 24 | | (d) At the public hearing informational meeting for the | 25 | | proposed facility, the Department
of
Agriculture
shall receive | 26 | | evidence by testimony or otherwise on the following subjects:
|
| | | HB5637 | - 8 - | LRB098 19119 MGM 54270 b |
|
| 1 | | (1) that the proposed facility is authorized in the | 2 | | zoning district within which the subject property is | 3 | | located; | 4 | | (2) that the proposed facility is consistent with the | 5 | | county's comprehensive plan and planned future development | 6 | | of the area; | 7 | | (3) that the proposed facility is consistent with | 8 | | existing uses, zoning, and general character of the | 9 | | surrounding area; | 10 | | (4) that the establishment, maintenance, and operation | 11 | | of the proposed facility will not be detrimental to or | 12 | | endanger the public health, safety, morals, comfort, or | 13 | | general welfare of the area; | 14 | | (5) that the proposed facility will not be injurious to | 15 | | the use and enjoyment of other properties in the vicinity, | 16 | | nor will it otherwise create a nuisance; | 17 | | (6) that the proposed facility will not diminish or | 18 | | impair property values within the vicinity; | 19 | | (7) that adequate utilities, access roads, drainage, | 20 | | and other necessary facilities have been or will be | 21 | | provided and road damage will be mitigated; | 22 | | (8) that adequate measures have been or will be taken | 23 | | to provide ingress and egress to ensure that the proposed | 24 | | facility will not cause traffic congestion and hazards on | 25 | | public roads; and | 26 | | (9) that the proposed facility has adequate plans for |
| | | HB5637 | - 9 - | LRB098 19119 MGM 54270 b |
|
| 1 | | the storage, treatment, management, and disposal of its | 2 | | waste to ensure that it is protective of the environment | 3 | | and will not cause odor or air pollution or cause spills, | 4 | | runoff, or leaching or otherwise result in the destruction, | 5 | | loss, or damage to surface or groundwater or other natural | 6 | | resources. | 7 | | In determining whether the foregoing standards have been | 8 | | met, the county or local siting authority may consider as | 9 | | evidence the previous operating experience and evidence of | 10 | | mismanagement or past violations of law, including past record | 11 | | of convictions or admissions of violations of the applicant and | 12 | | any subsidiary, parent corporation, or managing partner in the | 13 | | field of livestock management when considering the criteria.
| 14 | | (1) Whether registration and livestock waste | 15 | | management plan certification
requirements, if required, | 16 | | are met by the notice of intent to construct.
| 17 | | (2) Whether the design, location, or proposed | 18 | | operation will protect the
environment
by being consistent | 19 | | with this Act.
| 20 | | (3) Whether the location minimizes any incompatibility | 21 | | with the
surrounding area's
character by being located in | 22 | | any area zoned for agriculture where the county
has zoning | 23 | | or where the county is not zoned, the setback requirements
| 24 | | established by this Act are complied with.
| 25 | | (4) Whether the facility is located within a 100-year | 26 | | floodplain or an
otherwise
environmentally sensitive area |
| | | HB5637 | - 10 - | LRB098 19119 MGM 54270 b |
|
| 1 | | (defined as an area of karst area or with
aquifer
material | 2 | | within 5 feet of the bottom of the livestock waste handling | 3 | | facility)
and
whether construction standards set forth in | 4 | | the notice of intent to construct
are
consistent with the | 5 | | goal of protecting the safety of the area.
| 6 | | (5) Whether the owner or operator has submitted plans | 7 | | for operation that
minimize
the likelihood of any | 8 | | environmental damage to the surrounding area from spills,
| 9 | | runoff, and leaching.
| 10 | | (6) Whether odor control plans are reasonable and | 11 | | incorporate reasonable
or
innovative odor reduction | 12 | | technologies given the current state of such
technologies.
| 13 | | (7) Whether traffic patterns minimize the effect on | 14 | | existing traffic
flows.
| 15 | | (8) Whether construction or modification of a new | 16 | | facility is consistent
with existing
community growth, | 17 | | tourism, recreation, or economic development or with | 18 | | specific
projects involving community growth, tourism, | 19 | | recreation, or economic
development that have been | 20 | | identified by government action for development or
| 21 | | operation within one year through compliance with | 22 | | applicable zoning and setback
requirements for populated | 23 | | areas as established by this Act.
| 24 | | (Source: P.A. 91-110, eff. 7-13-99.)
| 25 | | (510 ILCS 77/12.1)
|
| | | HB5637 | - 11 - | LRB098 19119 MGM 54270 b |
|
| 1 | | Sec. 12.1. Final determination.
| 2 | | (a) Within 15 calendar days of the close of the comment | 3 | | period under
subsection (b) of Section 12,
the Department shall | 4 | | determine if, more likely than not, the provisions of
the Act | 5 | | have been
met and shall send written notice of this | 6 | | determination to the applicant and the county board indicating | 7 | | that
construction may
proceed. If the
Department finds that, | 8 | | more likely than not, the provisions of the Act have not
been | 9 | | met the
Department shall send written notice to the applicant | 10 | | and the county board that construction is prohibited.
| 11 | | (a-5) If the Department finds that additional information | 12 | | or that specific
changes are
needed in order to assist the | 13 | | Department in making the determination under
subsection (a) of | 14 | | this
Section, the
Department may request such information or | 15 | | changes from the owner or operator
of the new
livestock waste | 16 | | handling facility or waste management facility.
| 17 | | (b) (Blank). If no informational meeting is held, the | 18 | | Department shall, within 15
calendar days
following the end of | 19 | | the period for the county board to request an
informational | 20 | | meeting, notify the
owner or operator that construction may | 21 | | begin or that clarification is needed.
| 22 | | (c) If the owner or operator of a proposed livestock | 23 | | management facility or
livestock
waste handling facility | 24 | | amends the facility plans during the Department's
review, the | 25 | | Department
shall notify the county board , which may exercise | 26 | | its option of a public
informational meeting
pursuant to |
| | | HB5637 | - 12 - | LRB098 19119 MGM 54270 b |
|
| 1 | | Section 12 of this Act .
| 2 | | (d) If the owner or operator of a proposed new livestock | 3 | | management or new
livestock
waste handling facility amends the | 4 | | facility plans during the Department's
review process by
| 5 | | increasing the animal unit capacity of the facility such that | 6 | | the required
setback distances will be
increased , or makes any | 7 | | other material amendment to the facility plans , the owner or | 8 | | operator shall submit a revised notice of intent to
construct | 9 | | and comply
with applicable provisions of this Act as if the | 10 | | application were a new application .
| 11 | | (e) An affected party who participated in the public | 12 | | hearing under Section 12 of this Act, or any applicant, may | 13 | | judicially appeal the Department's final determination under | 14 | | the Code of Civil Procedure. | 15 | | (Source: P.A. 91-110, eff. 7-13-99.)
| 16 | | (510 ILCS 77/13)
| 17 | | Sec. 13. Livestock waste handling facilities other than | 18 | | earthen livestock
waste lagoons;
construction standards; | 19 | | certification; inspection; removal-from-service
requirements.
| 20 | | (a) After the effective date of this amendatory Act of | 21 | | 1999, livestock waste
handling
facilities other than earthen | 22 | | livestock waste lagoons used for the storage of
livestock waste | 23 | | shall
be constructed in accordance with this Section.
| 24 | | (1) Livestock waste handling facilities constructed of | 25 | | concrete shall meet
the
strength and load factors set forth |
| | | HB5637 | - 13 - | LRB098 19119 MGM 54270 b |
|
| 1 | | in the Midwest Plan Service's Concrete
Manure
Storage | 2 | | Handbook (MWPS-36) and future updates. In addition, those | 3 | | structures
shall
meet the following requirements:
| 4 | | (A) Waterstops shall be incorporated into the | 5 | | design of the storage
structure when consistent with | 6 | | the requirements of paragraph (1) of this
subsection;
| 7 | | (B) Storage structures that handle waste in a | 8 | | liquid form shall be
designed to contain a volume of | 9 | | not less than the amount of waste generated
during 150 | 10 | | days of facility operation at design capacity; the | 11 | | owner or operator of a livestock waste handling | 12 | | facility constructed with concrete with a design | 13 | | capacity of less than 300 animal units may demonstrate | 14 | | to the Department that a reduced storage volume, not | 15 | | less than 60 days, is feasible due to (i) the | 16 | | availability of land application areas that can | 17 | | receive manure at agronomic rates or (ii) another | 18 | | manure disposal method is proposed that will allow for | 19 | | the reduced manure storage design capacity; the | 20 | | Department shall evaluate the proposal and determine | 21 | | whether a reduced manure storage design capacity is | 22 | | appropriate for the site; and
| 23 | | (C) Storage structures not covered or otherwise | 24 | | protected from
precipitation shall, in addition to the | 25 | | waste storage volume requirements of
subparagraph (B) | 26 | | of paragraph (1) of this subsection, include a 2-foot
|
| | | HB5637 | - 14 - | LRB098 19119 MGM 54270 b |
|
| 1 | | freeboard.
| 2 | | (2) A livestock waste handling facility in a | 3 | | prefabricated form shall meet
the
strength, load, and | 4 | | compatibility factors for its intended use. Those factors
| 5 | | shall be
verified by the manufacturer's specifications.
| 6 | | (3) Livestock waste handling facilities holding | 7 | | semi-solid livestock
waste,
including but not limited to | 8 | | picket dam structures, shall be constructed
according to
| 9 | | the requirements set forth in the Midwest Plan Service's | 10 | | Livestock Waste
Facilities
Handbook (MWPS-18) and future | 11 | | updates or similar standards used by the Natural
Resources | 12 | | Conservation Service of the United States Department of | 13 | | Agriculture.
| 14 | | (4) Livestock waste handling facilities holding solid | 15 | | livestock waste
shall be
constructed according to the | 16 | | requirements set forth in the Midwest Plan
Service's
| 17 | | Livestock Waste Facilities Handbook (MWPS-18) and future | 18 | | updates or similar
standards used by the Natural Resources | 19 | | Conservation Service of the United
States
Department of | 20 | | Agriculture. In addition, solid livestock waste stacking
| 21 | | structures shall
be sized to store not less than the amount | 22 | | of waste generated during
6 months
of facility
operation at | 23 | | design capacity. The owner or operator of a livestock waste | 24 | | handling facility holding solid livestock waste with a | 25 | | design capacity of less than 300 animal units may | 26 | | demonstrate to the Department that a reduced storage |
| | | HB5637 | - 15 - | LRB098 19119 MGM 54270 b |
|
| 1 | | volume, not less than 2 months, is feasible due to (i) the | 2 | | availability of land application areas that can receive | 3 | | manure at agronomic rates or (ii) another manure disposal | 4 | | method is proposed that will allow for the reduced storage | 5 | | design capacity. The Department shall evaluate the | 6 | | proposal and determine whether a reduced manure storage | 7 | | design capacity is appropriate for the site.
| 8 | | (5) Holding ponds used for the temporary storage of | 9 | | livestock feedlot
run-off
shall be constructed according | 10 | | to the requirements set forth in the Midwest
Plan
Service's | 11 | | Livestock Waste Facilities Handbook (MWPS-18) and future | 12 | | updates or
similar standards used by the Natural Resources | 13 | | Conservation Service of the
United
States Department of | 14 | | Agriculture.
| 15 | | (6) Facilities constructed after the effective date of | 16 | | this amendatory Act of the 98th General Assembly shall be | 17 | | constructed to ensure that there are no man-made conduits | 18 | | from livestock management facilities or livestock waste | 19 | | handling facilities to surface waters. | 20 | | (b) New livestock management facilities and livestock | 21 | | waste handling
facilities
constructed after the effective date | 22 | | of this amendatory Act of 1999 shall be
subject to the
| 23 | | additional construction requirements and siting prohibitions | 24 | | provided in this
subsection (b).
| 25 | | (1) No new non-lagoon livestock management facility or | 26 | | livestock waste
handling facility may be constructed |
| | | HB5637 | - 16 - | LRB098 19119 MGM 54270 b |
|
| 1 | | within the floodway of a 100-year
floodplain. A
new | 2 | | livestock management facility or livestock waste handling | 3 | | facility may be
constructed within the portion of a | 4 | | 100-year floodplain that is within the
flood fringe
and | 5 | | outside the floodway provided that the facility is designed | 6 | | and constructed
to be
protected from flooding and meets the | 7 | | requirements set forth in the Rivers,
Lakes, and Streams | 8 | | Act, Section 5-40001 of the Counties Code,
and Executive | 9 | | Order Number 4 (1979). The delineation of
floodplains, | 10 | | floodways, and flood fringes shall be in compliance with | 11 | | the
National Flood
Insurance Program. Protection from | 12 | | flooding shall be consistent with the
National
Flood | 13 | | Insurance Program and shall be designed so that stored | 14 | | livestock waste is
not
readily removed.
| 15 | | (2) A new non-lagoon livestock waste handling facility | 16 | | constructed in a
karst
area shall be designed to prevent | 17 | | seepage of the stored material into
groundwater in
| 18 | | accordance with ASAE 393.2 or future updates. Owners or | 19 | | operators of proposed
facilities should consult with the | 20 | | local soil and water conservation district,
the
University | 21 | | of Illinois Cooperative Extension Service, or other local, | 22 | | county,
or State
resources relative to determining the | 23 | | possible presence or absence of such
areas.
| 24 | | Notwithstanding the other provisions of this paragraph | 25 | | (2), after the
effective date
of this amendatory Act of | 26 | | 1999, no non-lagoon livestock waste handling facility
may |
| | | HB5637 | - 17 - | LRB098 19119 MGM 54270 b |
|
| 1 | | be
constructed within 400 feet of any natural depression in | 2 | | a karst area formed as
a result
of subsurface removal of | 3 | | soil or rock materials that has caused the formation
of a
| 4 | | collapse feature that exhibits internal drainage. For the | 5 | | purposes of this
paragraph
(2), the existence of such a | 6 | | natural depression in a karst area shall be
indicated by
| 7 | | the uppermost closed depression contour lines on a USGS 7 | 8 | | 1/2 minute quadrangle
topographic map or as determined by | 9 | | Department field investigation in a karst
area.
| 10 | | (3) A new non-lagoon livestock waste handling facility | 11 | | constructed in an
area
where aquifer material is present | 12 | | within 5 feet of the bottom of the facility
shall be
| 13 | | designed to ensure the structural integrity of the | 14 | | containment structure and to
prevent
seepage of the stored | 15 | | material to groundwater. Footings and underlying
structure
| 16 | | support shall be incorporated into the design standards of | 17 | | the storage
structure in
accordance with the requirements | 18 | | of Section 4.1 of the American Society of
Agricultural | 19 | | Engineers (ASAE) EP 393.2 or future updates.
| 20 | | (c) A livestock waste handling facility owner may rely on | 21 | | guidance from the
local soil
and water conservation district, | 22 | | the Natural Resources Conservation Service of
the United
States | 23 | | Department of Agriculture, or the University of Illinois | 24 | | Cooperative
Extension Service
for soil type and associated | 25 | | information.
| 26 | | (d) The standards in subsections (a) and (b) shall serve as |
| | | HB5637 | - 18 - | LRB098 19119 MGM 54270 b |
|
| 1 | | interim
construction
standards until such time as permanent | 2 | | rules promulgated pursuant to Section 55
of this Act
become | 3 | | effective. In addition, the Department and the Board shall | 4 | | utilize the
interim
standards in subsections (a) and (b) as a | 5 | | basis for the development of such
permanent rules.
| 6 | | (e) The owner or operator of a livestock management | 7 | | facility or livestock
waste
handling facility may, with the | 8 | | approval of the Department, elect to exceed the
strength and
| 9 | | load requirements as set forth in this Section.
| 10 | | (f) The owner or operator of a livestock management | 11 | | facility or livestock
waste
handling facility shall send, by | 12 | | certified mail or in person, to the Department
a certification
| 13 | | of compliance together with copies of verification documents | 14 | | upon completion of
construction.
In the case of structures | 15 | | constructed with the design standards used by the
Natural | 16 | | Resources
Conservation Service of the United States Department | 17 | | of Agriculture, copies of
the design
standards and a statement | 18 | | of verification signed by a representative of the
United States
| 19 | | Department of Agriculture shall accompany the owner's or | 20 | | operator's
certification of
compliance. The certification | 21 | | shall state that the structure meets or exceeds
the | 22 | | requirements
in subsection (a) of this Section. A $250 filing | 23 | | fee shall accompany the
statement.
| 24 | | (g) The Department shall inspect the construction site | 25 | | prior to
construction, during
construction, and within 10 | 26 | | business days following receipt of the
certification of |
| | | HB5637 | - 19 - | LRB098 19119 MGM 54270 b |
|
| 1 | | compliance
to determine compliance with the construction | 2 | | standards.
| 3 | | (h) The Department shall require modification when | 4 | | necessary to bring the
construction into compliance with the | 5 | | standards set forth in this Section. The
person making
the | 6 | | inspection shall discuss with the owner, operator, or certified | 7 | | livestock
manager an
evaluation of the livestock waste handling | 8 | | facility construction and shall (i)
provide on-site
written | 9 | | recommendations to the owner, operator, or certified livestock | 10 | | manager
of what
modifications are necessary or (ii) inform the | 11 | | owner, operator, or certified
livestock manager in writing
that | 12 | | the facility meets the standards set forth in this Section. On | 13 | | the day of
the inspection, the
person making the inspection | 14 | | shall give the owner, operator, or certified
livestock manager | 15 | | a
written report of findings based on the inspection together | 16 | | with an explanation
of remedial
measures necessary to enable | 17 | | the livestock waste handling facility to meet the
standards set
| 18 | | forth in this Section. The Department shall, within 5 business | 19 | | days of the date of inspection,
send an official written notice | 20 | | to the owner or operator of the livestock waste handling | 21 | | facility
by certified mail, return receipt requested, | 22 | | indicating that the facility meets the standards set
forth in | 23 | | this Section or identifying the remedial measures necessary to | 24 | | enable the livestock
waste handling facility to meet the | 25 | | standards set forth in this Section. The owner or operator
| 26 | | shall, within 10 business days of receipt of an official |
| | | HB5637 | - 20 - | LRB098 19119 MGM 54270 b |
|
| 1 | | written notice of deficiencies, contact the
Department to | 2 | | develop the principles of an agreement of compliance. The owner | 3 | | or operator
and the Department shall enter into an agreement of | 4 | | compliance setting forth the specific
changes to be made to | 5 | | bring the construction into compliance with the standards
| 6 | | required under
this Section. If an agreement of compliance | 7 | | cannot be achieved, the Department
shall issue a
compliance | 8 | | order to the owner or operator outlining the specific changes | 9 | | to be
made to bring
the construction into compliance with the | 10 | | standards required under this
Section.
The owner
or operator | 11 | | and any affected party can request an administrative hearing to | 12 | | review contest the provisions of
the
Department's compliance | 13 | | order.
| 14 | | (i) (Blank).
| 15 | | (j) If any owner or operator operates in violation of an | 16 | | agreement of
compliance, the
Department shall seek an | 17 | | injunction in circuit court to prohibit the operation
of the | 18 | | facility
until construction and certification of the livestock | 19 | | waste handling facility
are in compliance
with the provisions | 20 | | of this Section.
| 21 | | (k) When any livestock management facility not using an | 22 | | earthen livestock
waste
lagoon is removed from service, the | 23 | | accumulated livestock waste remaining within the facility
| 24 | | shall be removed and applied to land at rates consistent with a | 25 | | waste management plan for the
facility. Removal of the waste | 26 | | shall occur within 12 months after the date
livestock |
| | | HB5637 | - 21 - | LRB098 19119 MGM 54270 b |
|
| 1 | | production
at the facility ceases. In addition, the owner or | 2 | | operator shall make
provisions to prevent the
accumulation of | 3 | | precipitation within the livestock waste handling facility.
| 4 | | Upon completion
of the removal of manure, the owner or operator | 5 | | of the facility shall notify
the Department that
the facility | 6 | | is being removed from service and the remaining manure has been
| 7 | | removed. The
Department shall conduct an inspection of the | 8 | | livestock waste handling facility
and notify inform the
owner | 9 | | or operator in writing that the requirements imposed under this
| 10 | | subsection (k) have been met or that
additional actions are | 11 | | necessary. Commencement of operations at a facility
that has | 12 | | livestock
shelters left intact and that has completed the | 13 | | requirements imposed under this
subsection
(k)
and that has | 14 | | been
operated as a livestock management facility or livestock | 15 | | waste handling
facility for 4
consecutive months at any time | 16 | | within the previous 10 years shall not be
considered a new or
| 17 | | expanded livestock management or waste handling facility. A new | 18 | | facility
constructed after May 21, 1996 that has
been removed
| 19 | | from service for a period of 2 or more years shall not be | 20 | | placed back into
service prior to an
inspection of the | 21 | | livestock waste handling facility and receipt of written
| 22 | | approval by the
Department.
| 23 | | (Source: P.A. 95-38, eff. 1-1-08; 96-328, eff. 8-11-09.)
| 24 | | (510 ILCS 77/15)
| 25 | | Sec. 15. Livestock waste lagoon.
|
| | | HB5637 | - 22 - | LRB098 19119 MGM 54270 b |
|
| 1 | | (a) Standards for livestock waste lagoon construction.
Any | 2 | | earthen livestock waste lagoon subject to registration shall be | 3 | | constructed
or modified in accordance with "Design of Anaerobic | 4 | | Lagoons for Animal Waste
Management" promulgated by the | 5 | | American Society of Agricultural Engineers or
the national | 6 | | guidelines as published by the
United
States Department of | 7 | | Agriculture Natural Resource Conservation Service in
Illinois | 8 | | and titled Waste Treatment Lagoon. The
owner or operator of the | 9 | | earthen livestock lagoon may, with approval from the
| 10 | | Department, modify or exceed these standards in order to meet | 11 | | site specific
objectives.
Notwithstanding any other | 12 | | requirement of this subsection, every earthen
livestock waste | 13 | | lagoon shall include the construction of a secondary berm,
| 14 | | filter strip, grass waterway, or terrace, or any combination of | 15 | | those,
outside the perimeter of the primary berm if an engineer | 16 | | licensed under the
Professional Engineering Practice Act of | 17 | | 1989 and retained by the registrant
determines, with the | 18 | | concurrence of the Department,
that construction of
such a | 19 | | secondary berm or other feature or features is necessary in | 20 | | order to
ensure against a release
of livestock waste from the | 21 | | lagoon
(i) that encroaches or is reasonably expected to | 22 | | encroach upon land other
than the land occupied by the | 23 | | livestock waste handling facility of which the
lagoon is a part | 24 | | or (ii)
that enters or is
reasonably expected to enter the | 25 | | waters of this State.
The
Department shall determine compliance | 26 | | with these requirements. The Department
may require changes in |
| | | HB5637 | - 23 - | LRB098 19119 MGM 54270 b |
|
| 1 | | design or additional requirements to protect
groundwater, such | 2 | | as extra liner depth or synthetic liners, when it appears
| 3 | | groundwater could be impacted. Livestock management facilities | 4 | | or livestock waste handling facilities constructed after the | 5 | | effective date of this amendatory Act of the 98th General | 6 | | Assembly shall not have man-made conduits from surface waters | 7 | | to those livestock management facilities or livestock waste | 8 | | handling facilities.
| 9 | | (a-5) New earthen livestock waste lagoons constructed | 10 | | after the effective
date
of this
amendatory Act of 1999 shall | 11 | | be subject to additional construction requirements
and siting
| 12 | | prohibitions as provided in this subsection (a-5).
| 13 | | (1) No new earthen livestock waste lagoon may be | 14 | | constructed within the
floodway of a 100-year floodplain. A | 15 | | new earthen livestock waste lagoon may be
constructed | 16 | | within the portion of a 100-year floodplain that is within | 17 | | the
flood fringe
and outside the floodway provided that the | 18 | | facility is designed and constructed
so that
livestock | 19 | | waste is not readily removed during 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.
| 25 | | (2) A new earthen livestock waste lagoon constructed in | 26 | | a karst area shall
be
designed to prevent seepage of the |
| | | HB5637 | - 24 - | LRB098 19119 MGM 54270 b |
|
| 1 | | stored material to groundwater. Owners or
operators of | 2 | | proposed facilities shall consult with the local soil and | 3 | | water
conservation
district, the University of Illinois | 4 | | Cooperative Extension Service, or other
local, county,
or | 5 | | State resources relative to determining the possible | 6 | | presence or absence of
such
areas. Notwithstanding the | 7 | | other provisions of this paragraph (2),
after the
effective | 8 | | date of this amendatory Act of 1999, no earthen livestock | 9 | | waste
lagoon may
be constructed within 400 feet of any | 10 | | natural depression in a karst area formed
as a
result of | 11 | | subsurface removal of soil or rock materials that has | 12 | | caused the
formation of
a collapse feature that exhibits | 13 | | internal drainage. For the purposes of this
paragraph
(2), | 14 | | the existence of such natural depression in a karst area | 15 | | shall be
indicated by
the uppermost closed depression | 16 | | contour lines on a USGS 7 1/2 minute quadrangle
topographic | 17 | | map or as determined by Department field investigation in a | 18 | | karst
area.
| 19 | | (b) Registration and certification.
Any earthen livestock | 20 | | waste lagoon newly constructed or modified (does not
include | 21 | | repairs) after the effective date of rules adopted for the
| 22 | | implementation of this Act shall be registered by the owner or | 23 | | operator with
the Department on a form provided by the | 24 | | Department. Lagoons constructed prior
to the effective date of | 25 | | rules adopted for the implementation of this Act may
register | 26 | | with the Department at no charge.
|
| | | HB5637 | - 25 - | LRB098 19119 MGM 54270 b |
|
| 1 | | In order to give the Department notice of the owner's or | 2 | | operator's intent
to construct or modify an earthen livestock | 3 | | waste lagoon, the owner or
operator shall register such lagoon | 4 | | with the Department during
the
preconstruction phase. | 5 | | Construction shall not begin until 30 days after
submittal of
a | 6 | | registration form by certified mail to the Department.
When a | 7 | | public hearing an informational meeting is held requested by | 8 | | the county , construction
shall not begin until after the public | 9 | | hearing is concluded and the comment period has ended | 10 | | informational meeting has been held .
| 11 | | Livestock waste lagoon registration forms shall be made | 12 | | available to
producers
at offices of the Department of | 13 | | Agriculture, Cooperative Extension Service, and
Soil and Water | 14 | | Conservation Districts.
| 15 | | Registration information shall include the following:
| 16 | | (1) Name(s) and address(es) of the owner and operator | 17 | | who are
responsible for the livestock waste lagoon.
| 18 | | (2) General location of lagoon.
| 19 | | (3) Design construction plans and specifications.
| 20 | | (4) Specific location information:
| 21 | | (A) Distance to a private or public potable well;
| 22 | | (B) Distance to closest occupied private
residence | 23 | | (other than any occupied by owner or operator);
| 24 | | (C) Distance to nearest stream; and
| 25 | | (D) Distance to nearest populated area.
| 26 | | (5) Anticipated beginning and ending dates of |
| | | HB5637 | - 26 - | LRB098 19119 MGM 54270 b |
|
| 1 | | construction.
| 2 | | (6) Type of livestock and number of animal units.
| 3 | | The Department of Agriculture upon receipt of a livestock | 4 | | waste lagoon
registration form shall review the form to | 5 | | determine that all required
information has been provided. The | 6 | | person filing the registration shall be
notified within 15 | 7 | | working days that the registration is complete or that
| 8 | | clarification of information is needed. No later than 10 | 9 | | working days after
receipt of the clarification information, | 10 | | the Department shall notify
the owner or operator that the | 11 | | registration is complete.
| 12 | | The Department
shall inspect an earthen
livestock waste | 13 | | lagoon during
preconstruction, construction,
and | 14 | | post-construction. The Department
shall require
modifications | 15 | | when
necessary to bring
construction in compliance with the | 16 | | standards as set forth in
subsection (a) of Section
15.
The | 17 | | person making the inspection shall discuss with the owner,
| 18 | | operator, or certified livestock manager
an evaluation of the | 19 | | livestock waste lagoon construction and
shall (i) provide | 20 | | on-site written recommendations to the owner,
operator, or | 21 | | certified livestock manager of what
modifications are | 22 | | necessary or (ii) inform the owner, operator, or certified
| 23 | | livestock manager that the lagoon meets the standards set forth | 24 | | in
subsection (a) of Section 15.
On the day of the inspection, | 25 | | the person making the inspection shall give the
owner, | 26 | | operator, or certified livestock manager a written report of |
| | | HB5637 | - 27 - | LRB098 19119 MGM 54270 b |
|
| 1 | | his or her
findings based on the inspection, together with an | 2 | | explanation of any remedial
measures necessary to enable the | 3 | | lagoon to meet the standards set forth in
subsection (a).
| 4 | | The person making any inspection shall comply with | 5 | | reasonable animal health
protection procedures as requested by | 6 | | the owner, operator, or
certified livestock manager.
| 7 | | Upon completion of the construction or modification, but | 8 | | prior to placing the
lagoon in service, the owner or operator | 9 | | of the livestock waste lagoon shall
certify on a form provided | 10 | | by the Department that the lagoon has been
constructed or | 11 | | modified in accordance with the standards set forth in
| 12 | | subsection (a) of Section 15 and that the information provided | 13 | | on the
registration form is
correct.
| 14 | | (1) The certification notice to the Department shall | 15 | | include a
certification statement and signature.
| 16 | | (2) The certification shall state: "I hereby certify | 17 | | that the
information provided on this form is correct and | 18 | | that the lagoon has been
constructed in accordance with the | 19 | | standards as required by the Livestock
Management | 20 | | Facilities Act."
| 21 | | Within 10 business days of receipt of the certification of | 22 | | compliance, the
Department shall inspect the lagoon site. The | 23 | | Department shall, within 5
business days of the date of | 24 | | inspection, send an official written notice by
certified mail, | 25 | | return receipt requested, to the owner or operator of the
| 26 | | facility indicating that all the requirements of this Section |
| | | HB5637 | - 28 - | LRB098 19119 MGM 54270 b |
|
| 1 | | have been met or
that deficiencies exist that must be corrected | 2 | | prior to the completion of the
lagoon registration process and | 3 | | the placement of the lagoon into service.
The owner or operator | 4 | | of the lagoon may proceed to place the lagoon in
service after | 5 | | receipt of the Department's notice that all the requirements of
| 6 | | this Section have been met.
| 7 | | (c) Complaint procedure.
Any person having a complaint | 8 | | concerning an earthen livestock waste lagoon may
file a
| 9 | | complaint with the Agency. If the Agency
finds that groundwater | 10 | | has been negatively impacted because of structural
problems | 11 | | with the earthen lagoon, the Agency shall notify the Department | 12 | | that
modification of the lagoon is necessary.
The
livestock | 13 | | owner or operator or the Department may request guidance from | 14 | | the
United States Department of Agriculture Natural Resource | 15 | | Conservation Service
or the University of Illinois Cooperative | 16 | | Extension Service.
| 17 | | The person making any inspection shall comply with animal | 18 | | health protection
procedures as requested by the owner or | 19 | | operator.
| 20 | | Any earthen livestock waste lagoon in service prior to the | 21 | | effective date of
the rules for implementation of this Act is | 22 | | not subject to registration
but is only subject to the | 23 | | complaint procedure. However, any such
livestock waste lagoon | 24 | | found impacting groundwater shall be required to be
repaired, | 25 | | modified, or have procedures instituted so groundwater is not
| 26 | | negatively impacted.
|
| | | HB5637 | - 29 - | LRB098 19119 MGM 54270 b |
|
| 1 | | If an investigation reveals groundwater has been | 2 | | negatively impacted,
the Department and Agency shall cooperate
| 3 | | with the owner or operator of the affected livestock waste | 4 | | lagoon to provide a
reasonable solution to protect the | 5 | | groundwater.
| 6 | | Nothing in this Section shall limit the Agency's authority | 7 | | under the
Environmental Protection Act to investigate and | 8 | | respond to violations of the
Environmental Protection Act or | 9 | | rules adopted under that Act.
| 10 | | (d) Livestock waste lagoon registration fee. The livestock | 11 | | waste lagoon
registration fee is $250.
| 12 | | (e) Closure of livestock waste lagoons.
When any earthen | 13 | | livestock waste lagoon is removed from service, it shall be
| 14 | | completely emptied. Appropriate closure procedures shall be | 15 | | followed as
determined by rule. The remaining hole must be | 16 | | filled. The closure
requirements shall be completed within two | 17 | | years from the date of cessation of
operation unless the lagoon | 18 | | is maintained or serviced. The Department may
grant a waiver to | 19 | | the before-stated closure requirements that will permit
the
| 20 | | lagoon to be used for an alternative purpose.
| 21 | | Upon a change in ownership of a registered earthen | 22 | | livestock waste lagoon,
the
owner shall notify the Department | 23 | | of the change within 30 working days of the
closing
of the | 24 | | transaction.
| 25 | | (f) Administrative authority.
All actions of the | 26 | | Department of Agriculture are subject to the Illinois
|
| | | HB5637 | - 30 - | LRB098 19119 MGM 54270 b |
|
| 1 | | Administrative Procedure Act and any applicant, registrant, | 2 | | owner, operator, or affected party shall be able to judicially | 3 | | appeal any Department action under the Administrative Review | 4 | | Law .
| 5 | | Any earthen livestock waste lagoon subject to registration | 6 | | shall not begin
operation until the owner or operator of the | 7 | | lagoon has met the requirements of
this Act.
| 8 | | The owner or operator of any earthen livestock waste lagoon | 9 | | subject to
registration that has not been registered or | 10 | | constructed in accordance with
standards set forth in | 11 | | subsection (a) of Section 15 shall, upon being
identified as | 12 | | such by the Department, be
given written notice by the | 13 | | Department to register and certify the lagoon
within 10 working | 14 | | days of receipt of the notice. The Department
may inspect
such
| 15 | | lagoon and require compliance in accordance with subsections | 16 | | (a) and (b) of
this
Section. If the owner or operator of the | 17 | | livestock waste lagoon that is subject
to registration fails to | 18 | | comply with the notice, the Department may issue a
cease and | 19 | | desist order until such time as compliance is obtained with the
| 20 | | requirements of this Act.
Failure to construct the lagoon in | 21 | | accordance with the construction plan and
Department | 22 | | recommendations is a business offense punishable by a fine of | 23 | | not
more than $5,000.
| 24 | | (Source: P.A. 90-565, eff. 6-1-98; 91-110, eff. 7-13-99.)
| 25 | | (510 ILCS 77/20)
|
| | | HB5637 | - 31 - | LRB098 19119 MGM 54270 b |
|
| 1 | | Sec. 20. Handling, storing and disposing of livestock | 2 | | waste.
| 3 | | (a) The livestock management facility owner or operator | 4 | | shall comply
with the requirements for handling, storing, and | 5 | | disposing of livestock wastes
as set forth in the rules adopted | 6 | | pursuant to the Illinois Environmental
Protection Act | 7 | | concerning agriculture related pollution.
| 8 | | (b) The livestock management facility owner or operator at | 9 | | a facility of
less than 1,000 animal units shall not be | 10 | | required to prepare and maintain a
waste management plan.
| 11 | | (c) The livestock management facility owner or operator at | 12 | | a facility of
1,000 or greater animal units but less than 5,000 | 13 | | animal units
shall prepare
and maintain on file at the | 14 | | livestock management facility a general waste
management plan. | 15 | | The plan shall be submitted to the Department and the | 16 | | Department shall make the plan available to the public. | 17 | | Notwithstanding this requirement, a livestock management
| 18 | | facility subject to this subsection may be operated on an | 19 | | interim basis but not
to exceed 6 months after the effective | 20 | | date of the rules promulgated pursuant
to this Act to allow for | 21 | | the owner or operator of the facility to develop a
waste | 22 | | management plan. The waste management plan shall be available | 23 | | for
inspection during normal business hours by Department | 24 | | personnel.
| 25 | | (d) The livestock management facility owner or operator at | 26 | | a facility of
5,000 or greater animal units shall prepare, |
| | | HB5637 | - 32 - | LRB098 19119 MGM 54270 b |
|
| 1 | | maintain, and submit to the
Department the waste management | 2 | | plan for approval. Approval of the waste
management plan shall | 3 | | be predicated on compliance with provisions of subsection
(f). | 4 | | The waste management plan shall be approved by the Department | 5 | | before
operation of the facility or in the case of an existing | 6 | | facility, the waste
management plan shall be submitted within | 7 | | 60 working days after the effective
date of the rules | 8 | | promulgated pursuant to this Act.
| 9 | | The owner or operator of an existing livestock management | 10 | | facility that
through growth meets or exceeds 5,000 animal | 11 | | units shall file its waste
management plan with the Department | 12 | | within 60 working days after reaching the
stated animal units.
| 13 | | The owner or operator of a livestock management facility | 14 | | that is subject to
this subsection (d) shall file within 60 | 15 | | working days with the Department a
revised waste management | 16 | | plan when there is a change as provided in subsection
(e) of | 17 | | this Section that will materially affect compliance with the | 18 | | waste
management plan.
| 19 | | (d-5) The owner or operator of multiple livestock | 20 | | management facilities
under common facility ownership where | 21 | | the cumulative animal units of the
facilities are equal to or | 22 | | greater than the animal unit numbers provided for in
subsection | 23 | | (c) of this Section shall prepare and keep on file at each | 24 | | facility
a waste management plan in accordance with the | 25 | | requirements of subsection (c).
The owner or operator of | 26 | | multiple livestock management facilities that are
under common |
| | | HB5637 | - 33 - | LRB098 19119 MGM 54270 b |
|
| 1 | | facility ownership where the cumulative animal units of the
| 2 | | facilities are equal to or greater than the animal unit numbers | 3 | | provided for
in subsection (d) of this Section shall prepare | 4 | | and file with the Department a
waste management plan in | 5 | | accordance with the provisions of subsection (d).
Cumulative | 6 | | animal units shall be determined by combining the animal units | 7 | | of
multiple livestock management facilities under the common | 8 | | facility ownership
based upon the design capacity of each | 9 | | facility. For the purposes of this
subsection (d-5), "under | 10 | | common facility ownership" means the same person or
persons | 11 | | own, directly or indirectly, through majority owned business | 12 | | entities
at least 51% of any person or persons (as defined by | 13 | | Section 10.55) that own or
operate the livestock management | 14 | | facility or livestock waste handling facility
located in the | 15 | | State of Illinois.
| 16 | | (e) The owner or operator of a livestock management | 17 | | facility shall update
the waste management plan when there is a | 18 | | change in values shown in the plan
under item (1) of subsection | 19 | | (f) of this Section. The waste management plan
and records of | 20 | | livestock waste disposal shall be kept on file for three years.
| 21 | | (f) The application of livestock waste to the land is an | 22 | | acceptable,
recommended, and established practice in Illinois. | 23 | | However, when livestock
waste is not applied in a responsible | 24 | | manner, it may create pollutional
problems. It should be | 25 | | recognized that research relative to livestock waste
| 26 | | application based on livestock waste nutrient content is |
| | | HB5637 | - 34 - | LRB098 19119 MGM 54270 b |
|
| 1 | | currently ongoing.
The Dean of the College of Agricultural, | 2 | | Consumer and Environmental Sciences
at the University of | 3 | | Illinois, or his or her designee, shall annually report
to the | 4 | | Advisory Committee on the status of phosphorus research, | 5 | | including
research that has been supported in whole or in part | 6 | | by the Illinois
Council on Food and Agricultural Research. The | 7 | | Advisory Committee
may also consult with other appropriate | 8 | | research entities on the status of
phosphorus research. It is | 9 | | considered acceptable to prepare and implement a
waste | 10 | | management plan based on a nitrogen rate, unless otherwise | 11 | | restricted by
this Section. The waste management plan shall | 12 | | include the following:
| 13 | | (1) An estimate of the volume of livestock waste to be | 14 | | disposed of
annually, which shall be obtained by | 15 | | multiplying the design capacity of the
facility by the | 16 | | appropriate amount of waste generated by the animals. The
| 17 | | values showing the amount of waste generated in Table 2-1, | 18 | | Midwest Plan
Service's, MWPS-18, Livestock Waste | 19 | | Management Facilities Handbook or Design
Criteria for the | 20 | | field application of livestock waste adopted by the Agency
| 21 | | may be used.
| 22 | | (2) The number of acres available for disposal of the | 23 | | waste, whether they
are owned by the owner or operator of | 24 | | the livestock waste management facility
or are shown to be | 25 | | contracted with another person or persons for disposal of
| 26 | | waste.
|
| | | HB5637 | - 35 - | LRB098 19119 MGM 54270 b |
|
| 1 | | (3) An estimate of the nutrient value of the waste. The | 2 | | owner or operator
may prepare a plan based on an average of | 3 | | the minimum and maximum numbers in
the table values derived | 4 | | from Midwest Plan Service's, MWPS-18, Livestock Waste
| 5 | | Facilities Handbook, the Agency's Agriculture Related | 6 | | Pollution regulations,
or the results of analysis | 7 | | performed on samples of waste. For the purposes of
| 8 | | compliance with this subsection, the nutrient values of | 9 | | livestock waste may
vary as indicated in the source table. | 10 | | In the case of laboratory analytical
results, the nutrient | 11 | | values may vary with the accuracy of the analytical
method.
| 12 | | (3.5) Results of the Bray P1 or Mehlich test for soil | 13 | | phosphorus reported
in pounds of elemental phosphorus per | 14 | | acre. Soil samples shall be obtained and
analyzed from the | 15 | | livestock waste application fields on land owned or under | 16 | | the
control of the owner or operator where applications are | 17 | | planned. Fields where
livestock waste is applied shall be | 18 | | sampled every 3 years. Sampling
procedures, such as the | 19 | | number of samples and the depth of sampling, as
outlined in | 20 | | the current edition of the Illinois Agronomy Handbook shall | 21 | | be
followed when soil samples are obtained.
| 22 | | (3.6) If the average Bray P1 or Mehlich test result for | 23 | | soil phosphorus
calculated from samples obtained from the | 24 | | application field is 300 pounds or
less of elemental | 25 | | phosphorus per acre, livestock waste may continue to be
| 26 | | applied to that field in accordance with subsection (f) of |
| | | HB5637 | - 36 - | LRB098 19119 MGM 54270 b |
|
| 1 | | this Section.
If the average Bray P1 or Mehlich test result | 2 | | for soil phosphorus for an
application field is greater | 3 | | than 300 pounds of elemental phosphorus per acre,
the owner | 4 | | or operator shall apply livestock waste at the phosphorus | 5 | | rate to the
field until the average Bray P1 or Mehlich test | 6 | | for soil phosphorus indicates
there is less than 300 pounds | 7 | | of elemental phosphorus per acre. Upon the
development of a | 8 | | phosphorus index that is approved subject to the provisions
| 9 | | established in Section 55 of this Act, the owner or | 10 | | operator shall use such
index in lieu of the 300 pounds of | 11 | | elemental phosphorus per acre.
| 12 | | (4) An indication that the livestock waste will be | 13 | | applied at rates not
to exceed the agronomic nitrogen | 14 | | demand of the crops to be grown when averaged
over a 5-year | 15 | | period.
| 16 | | (5) A provision that livestock waste applied within 1/4 | 17 | | mile of any
residence not part of the facility shall be | 18 | | injected or incorporated on the
day of application. | 19 | | However, livestock management facilities and livestock
| 20 | | waste handling facilities that have irrigation systems in | 21 | | operation prior to
the effective date of this Act or | 22 | | existing facilities applying waste on frozen
ground are not | 23 | | subject to the provisions of this item (5).
| 24 | | (6) A provision that livestock waste may not be applied | 25 | | within 200 feet
of surface water unless the water is | 26 | | upgrade or there is adequate diking, and
waste will not be |
| | | HB5637 | - 37 - | LRB098 19119 MGM 54270 b |
|
| 1 | | applied within 150 feet of potable water supply wells.
| 2 | | (7) A provision that livestock waste may not be applied | 3 | | in a 10-year
flood plain unless the injection or | 4 | | incorporation method of application is
used.
| 5 | | (8) A provision that livestock waste may not be applied | 6 | | in waterways.
| 7 | | (9) A provision that if waste is spread on frozen or | 8 | | snow-covered land,
the application will be limited to land | 9 | | areas on which:
| 10 | | (A) land slopes are 5% or less, or
| 11 | | (B) adequate erosion control practices exist.
| 12 | | (10) Methods for disposal of animal waste.
| 13 | | (11) A release control and prevention plan that covers | 14 | | releases at land application areas, livestock waste | 15 | | handling facilities, and livestock management facilities. | 16 | | The plan shall include but not be limited to: containment | 17 | | methods, cleanup procedures, and disposal of released | 18 | | waste. In the event of a release, the waste shall be | 19 | | contained and collected immediately upon discovery, and | 20 | | the release shall be reported under Section 18 of this Act. | 21 | | The cause of the release shall be corrected as soon as | 22 | | practicable and before resuming application. | 23 | | (12) A provision that waste applicators shall inspect | 24 | | land application equipment during use for spillage, | 25 | | leakage, blockage, decoupling, and problems that result in | 26 | | improper operation, and ensure the equipment is properly |
| | | HB5637 | - 38 - | LRB098 19119 MGM 54270 b |
|
| 1 | | calibrated and in good working order prior to application. | 2 | | During application and for 24 hours afterward, conduits to | 3 | | surface waters (including subsurface drainage systems) | 4 | | shall be monitored to ensure a surface water discharge is | 5 | | not occurring, and application shall cease immediately if | 6 | | there is a discharge. In no instance shall application | 7 | | equipment in use be left unattended. | 8 | | (13) A provision that livestock waste shall not be | 9 | | applied within 100 feet of down gradient open subsurface | 10 | | drainage intakes, agricultural drainage wells, sinkholes, | 11 | | grassed waterways, or other conduits to surface water, | 12 | | unless a 35 foot vegetative buffer exists between the land | 13 | | application area and the grassed waterways, open | 14 | | subsurface drainage intakes, agricultural drainage wells, | 15 | | sinkholes, or other conduits to surface water. | 16 | | (g) Any person who is required to prepare and maintain a | 17 | | waste management
plan and who fails to do so shall be issued a | 18 | | warning letter by the Department
for the first violation and | 19 | | shall be given 30 working days to prepare a waste
management | 20 | | plan. For failure to prepare and maintain a waste management | 21 | | plan,
the person shall be fined an administrative penalty of up | 22 | | to $1,000 by the
Department and shall
be required to enter into | 23 | | an agreement of compliance to prepare and maintain
a waste | 24 | | management plan within 30 working days. For failure to prepare | 25 | | and
maintain a waste management plan after the second 30 day | 26 | | period or for failure
to enter into a compliance agreement, the |
| | | HB5637 | - 39 - | LRB098 19119 MGM 54270 b |
|
| 1 | | Department may issue an operational
cease and desist order | 2 | | until compliance is attained.
| 3 | | (Source: P.A. 91-110, eff. 7-13-99; 92-16, eff. 6-28-01.)
| 4 | | (510 ILCS 77/35)
| 5 | | Sec. 35.
Setbacks for livestock management and livestock | 6 | | handling
facilities.
| 7 | | (a) Grandfather provision; facilities in existence prior | 8 | | to July 15, 1991.
Livestock management facilities and livestock | 9 | | waste handling
facilities in existence prior to July 15, 1991 | 10 | | shall comply with
setbacks in existence prior to July 15, 1991, | 11 | | as set forth in the Illinois
Environmental Protection Act and | 12 | | rules promulgated under that Act.
| 13 | | (b) Grandfather provision; facilities in existence on | 14 | | effective date and
after July 15, 1991. Livestock management | 15 | | facilities and livestock waste
handling facilities in | 16 | | existence on the effective date of this Act but after
July 15, | 17 | | 1991 shall comply with setbacks in existence prior to the | 18 | | effective
date of
this Act, as set forth in the Illinois | 19 | | Environmental Protection Act and rules
promulgated under that | 20 | | Act.
| 21 | | (c) New livestock management or livestock waste handling | 22 | | facilities.
Any new facility shall comply with the following | 23 | | setbacks:
| 24 | | (1) For purposes of determining setback distances, | 25 | | minimum
distances shall be measured from the nearest corner |
| | | HB5637 | - 40 - | LRB098 19119 MGM 54270 b |
|
| 1 | | of the residence or place
of common assembly to the nearest | 2 | | corner of the earthen waste lagoon or
livestock management | 3 | | facility, whichever is closer.
| 4 | | (2) A livestock management facility or livestock waste | 5 | | handling facility
serving less than 50 animal
units shall | 6 | | be exempt from
setback distances as set forth in this Act | 7 | | but shall be subject to rules
promulgated under the | 8 | | Illinois Environmental Protection Act.
| 9 | | (3) For a livestock management facility or waste | 10 | | handling
facility serving 50 or greater but less than 1,000 | 11 | | animal units to be constructed before the effective date of | 12 | | this amendatory Act of the 98th General Assembly , the | 13 | | minimum
setback distance shall be 1/4 mile from the nearest | 14 | | occupied
residence and 1/2
mile
from
the nearest populated | 15 | | area.
| 16 | | (4) For a livestock management facility or livestock | 17 | | waste
handling facility serving 1,000 or greater but less | 18 | | than 7,000 animal units to be constructed on or after the | 19 | | effective date of this amendatory Act of the 98th General | 20 | | Assembly ,
the
setback is as follows:
| 21 | | (A) For a populated area, the minimum setback shall | 22 | | be
increased 1/4 mile 440 feet over the minimum setback | 23 | | of one 1/2 mile for each additional
1,000 animal units | 24 | | over 1,000 animal units.
| 25 | | (B) For any occupied residence, the minimum | 26 | | setback shall be
increased 1/4 mile 220 feet over the |
| | | HB5637 | - 41 - | LRB098 19119 MGM 54270 b |
|
| 1 | | minimum setback of 1/2 1/4 mile for each additional
| 2 | | 1,000 animal units over 1,000 animal units.
| 3 | | (5) For a livestock management facility or livestock | 4 | | waste
handling facility serving 50 7,000 or greater but | 5 | | less than 1,000 animal units to be constructed on or after | 6 | | the effective date of this amendatory Act of the 98th | 7 | | General Assembly , the minimum setback is as
follows:
| 8 | | (A) 750 feet from surface waters; and For a | 9 | | populated area, the minimum setback shall be 1 mile.
| 10 | | (B) 1/4 mile from designated surface drinking | 11 | | water supplies, outstanding resource waters, and | 12 | | streams designated as biologically significant by the | 13 | | Department of Natural Resources. For any occupied | 14 | | residence, the minimum setback shall be 1/2 mile.
| 15 | | (d) Requirements governing the location of a new livestock | 16 | | management
facility and new livestock waste-handling facility | 17 | | and conditions for
exemptions or compliance with the maximum | 18 | | feasible location as provided in
rules adopted pursuant to the | 19 | | Illinois Environmental Protection Act concerning
agriculture | 20 | | regulated pollution shall apply to those facilities identified | 21 | | in
subsections (b) and (c) of this Section. With regard to the | 22 | | maximum feasible
location requirements, any reference to a | 23 | | setback distance in the rules
under the Illinois Environmental | 24 | | Protection Act shall mean the appropriate
distance as
set forth | 25 | | in this Section.
| 26 | | (e) Setback category shall be determined by the design |
| | | HB5637 | - 42 - | LRB098 19119 MGM 54270 b |
|
| 1 | | capacity in animal
units of the livestock management
facility.
| 2 | | (f) Setbacks may be decreased when innovative designs as | 3 | | approved by the
Department are incorporated into the facility.
| 4 | | (g) A setback may be decreased when waivers are obtained | 5 | | from owners of
residences that are occupied and located in the | 6 | | setback area.
| 7 | | (Source: P.A. 91-110, eff. 7-13-99.)
| 8 | | (510 ILCS 77/37 new) | 9 | | Sec. 37. Civil action. | 10 | | (a) Any person may commence a civil action on his or her | 11 | | own behalf (1) against any person who is in violation of (A) an | 12 | | agreement of compliance or a compliance order under Section 13 | 13 | | or Section 15 of this Act; (B) the release, reporting, odor | 14 | | control, or certified livestock manager standards under | 15 | | Sections 16, 18, 20, 25 or 30 of this Act; or (C) the setback | 16 | | requirements under Section 35 of this Act; or (2) against the | 17 | | Agency or Department where there is an alleged failure to | 18 | | perform any act or duty under this Act that is not | 19 | | discretionary. | 20 | | (b) The court hearing the action may enforce the provisions | 21 | | of this Act by (1) ordering any person to perform the | 22 | | non-discretionary duty, (2) awarding civil penalties under | 23 | | Sections 15, 16, 18, 20, 25, and 30 of this Act, or (3) | 24 | | awarding damages, including attorney and expert witness fees. | 25 | | No existing civil or criminal remedy for any wrongful action is |
| | | HB5637 | - 43 - | LRB098 19119 MGM 54270 b |
|
| 1 | | impaired by this Act. | 2 | | (c) Any action brought in a State court under this Section | 3 | | may be brought only in the county in which the livestock | 4 | | facility complained of is located. | 5 | | (d) No action shall be commenced before 60 days after the | 6 | | plaintiff has given notice of the alleged violation to (1) the | 7 | | Department, (2) the Agency, and (3) the alleged violator. | 8 | | (e) No action shall be commenced if, at the time the action | 9 | | is filed, the Department or the Attorney General is diligently | 10 | | prosecuting an administrative hearing or legal action as | 11 | | described in Section 13, 16, 18, 25, or 30 of this Act, | 12 | | regarding the same violation. However, any person has the right | 13 | | to intervene in any civil action as a matter of right. | 14 | | (f) In any action under this Section, the Department may | 15 | | intervene if that intervention results in diligent | 16 | | prosecution. | 17 | | (g) Nothing in this Section restricts any right which any | 18 | | person has under any statute or common law to seek enforcement | 19 | | of any standard related to livestock management facilities, | 20 | | livestock waste handling facilities, or lagoons, or to seek any | 21 | | other relief against the owner or operator of the livestock | 22 | | management facilities, livestock waste handling facilities, or | 23 | | lagoons.
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
|
|