Full Text of SB1272 100th General Assembly
SB1272sam001 100TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/28/2017
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| 1 | | AMENDMENT TO SENATE BILL 1272
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1272 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Livestock Management Facilities Act is | 5 | | amended by changing Sections 11 and 20 as follows:
| 6 | | (510 ILCS 77/11)
| 7 | | Sec. 11.
Filing notice of intent to construct and | 8 | | construction data;
registration of facilities.
| 9 | | (a) An owner or operator shall file a notice of intent to | 10 | | construct for a
livestock
management facility or livestock | 11 | | waste handling facility with the Department
prior to
| 12 | | construction to establish a base date, which shall be valid for | 13 | | one year, for
determination of setbacks in compliance with | 14 | | setback distances or, in the case
of
construction that is not a | 15 | | new facility, with the maximum feasible location
requirements | 16 | | of Section 35 of this Act.
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| 1 | | (b) For a livestock waste handling facility that is not | 2 | | subject to Section
12
of this Act, a
construction plan of the | 3 | | waste handling structure with design specifications of
the
| 4 | | structure noted as prepared by or for the owner or operator | 5 | | shall be filed with
the
Department at least 10 calendar days | 6 | | prior to the anticipated dates of
construction.
Upon receipt of | 7 | | the notice of intent to construct form or the construction
| 8 | | plan, the
Department shall review the documents to determine if | 9 | | all information has been
submitted or if clarification is | 10 | | needed. The Department shall, within 15
calendar days
of | 11 | | receipt of a notice of intent to construct or the construction | 12 | | plan, notify
the owner or
operator that construction may begin | 13 | | or that clarification is needed.
| 14 | | (c) For a livestock waste handling facility that is subject | 15 | | to Section 12 of
this Act, a
completed registration shall be | 16 | | filed with the Department at least 37 calendar
days
prior to | 17 | | the anticipated dates of construction. The registration shall | 18 | | include
the
following: | 19 | | (i) the name and address of the owner and operator of | 20 | | the livestock
waste
handling facility; | 21 | | (ii) a general description of the livestock waste | 22 | | handling
structure
and the type and number of the animal | 23 | | units of livestock it serves; | 24 | | (iii) the
construction plan of the waste handling | 25 | | structure with design specifications of
the
structure | 26 | | noted as prepared by or for the owner or operator ; , and |
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| 1 | | (iv)
anticipated dates
of construction ; and . | 2 | | (v) a waste management plan that complies with the | 3 | | requirements for handling, storing, and disposing of | 4 | | livestock waste under rules adopted under the | 5 | | Environmental Protection Act concerning | 6 | | agriculture-related pollution. | 7 | | The Department shall, within 15 calendar days of receipt of
| 8 | | the
registration form, notify the person submitting the form | 9 | | that the registration
is
complete or that clarification | 10 | | information is needed.
| 11 | | (d) Any owner or operator who fails to file a notice of | 12 | | intent to construct
form or
construction plans with the | 13 | | Department prior to commencing construction, upon
being
| 14 | | discovered by the Department, shall be subject to an | 15 | | administrative hearing by the
Department. The administrative | 16 | | law judge, upon determination of a failure to file the
| 17 | | appropriate form, shall impose a civil administrative penalty | 18 | | in an amount no more
than $1,000 and shall enter an | 19 | | administrative order directing that the owner or
operator file | 20 | | the appropriate form within 10 business days after receiving | 21 | | notice from
the Department. If, after receiving the | 22 | | administrative law judge's order to file, the
owner or operator | 23 | | fails to file the appropriate form with the Department, the
| 24 | | Department shall impose a civil administrative penalty in an | 25 | | amount no less than
$1,000 and no more than $2,500 and shall | 26 | | enter an administrative order
prohibiting
the operation of the |
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| 1 | | facility until the owner or operator is in compliance with
this | 2 | | Act.
Penalties under this subsection (d) not paid within 60 | 3 | | days of notice from the
Department shall be submitted to the | 4 | | Attorney General's office or an approved
private collection | 5 | | agency.
| 6 | | (Source: P.A. 91-110, eff. 7-13-99.)
| 7 | | (510 ILCS 77/20)
| 8 | | Sec. 20. Handling, storing and disposing of livestock | 9 | | waste.
| 10 | | (a) The livestock management facility owner or operator | 11 | | shall comply
with the requirements for handling, storing, and | 12 | | disposing of livestock wastes
as set forth in the rules adopted | 13 | | pursuant to the Illinois Environmental
Protection Act | 14 | | concerning agriculture related pollution.
| 15 | | (b) The livestock management facility owner or operator of | 16 | | at a new livestock management facility of
300 or greater animal | 17 | | units but less than 1,000 animal units shall not be required to | 18 | | prepare and maintain a
waste management plan prior to operation | 19 | | of the facility and maintain it on file at the facility . An | 20 | | existing livestock management facility subject to this | 21 | | subsection (b) may be operated on an interim basis not to | 22 | | exceed 6 months after the effective date of this amendatory Act | 23 | | of the 100th General Assembly to allow for the owner or | 24 | | operator of the facility to develop a waste management plan. | 25 | | Waste management plans under this subsection (b) shall be |
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| 1 | | available for inspection during normal business hours by | 2 | | Department personnel and be made available on a publicly | 3 | | accessible website.
| 4 | | (c) The livestock management facility owner or operator at | 5 | | a new livestock management facility of
1,000 or greater animal | 6 | | units but less than 5,000 animal units
shall prepare and submit | 7 | | to the Department a waste management plan as part of the notice | 8 | | of intent to construct process
and maintain it on file at the | 9 | | livestock management facility a general waste
management plan . | 10 | | The plan shall be made available on a publicly accessible | 11 | | website. Notwithstanding this requirement, an existing a | 12 | | livestock management
facility subject to this subsection (c) | 13 | | may be operated on an interim basis but not
to exceed 6 months | 14 | | after the effective date of this amendatory Act of the 100th | 15 | | General Assembly the rules promulgated pursuant
to this Act to | 16 | | allow for the owner or operator of the facility to develop a
| 17 | | waste management plan. The waste management plan shall be | 18 | | available for
inspection during normal business hours by | 19 | | Department personnel.
| 20 | | (d) The livestock management facility owner or operator at | 21 | | a facility of
5,000 or greater animal units shall prepare, | 22 | | maintain, and submit to the
Department the waste management | 23 | | plan for approval. Approval of the waste
management plan shall | 24 | | be predicated on compliance with provisions of subsection
(f). | 25 | | The waste management plan shall be approved by the Department | 26 | | before
operation of the facility or in the case of an existing |
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| 1 | | facility, the waste
management plan shall be submitted within | 2 | | 60 working days after the effective
date of the rules | 3 | | promulgated pursuant to this Act.
| 4 | | The owner or operator of an existing livestock management | 5 | | facility that
through growth meets or exceeds 5,000 animal | 6 | | units shall file its waste
management plan with the Department | 7 | | within 60 working days after reaching the
stated animal units.
| 8 | | The owner or operator of a livestock management facility | 9 | | that is subject to
this subsection (d) shall file within 60 | 10 | | working days with the Department a
revised waste management | 11 | | plan when there is a change as provided in subsection
(e) of | 12 | | this Section that will materially affect compliance with the | 13 | | waste
management plan.
| 14 | | (d-5) The owner or operator of multiple livestock | 15 | | management facilities
under common facility ownership where | 16 | | the cumulative animal units of the
facilities are equal to or | 17 | | greater than the animal unit numbers provided for in
subsection | 18 | | (c) of this Section shall prepare and keep on file at each | 19 | | facility
a waste management plan in accordance with the | 20 | | requirements of subsection (c).
The owner or operator of | 21 | | multiple livestock management facilities that are
under common | 22 | | facility ownership where the cumulative animal units of the
| 23 | | facilities are equal to or greater than the animal unit numbers | 24 | | provided for
in subsection (d) of this Section shall prepare | 25 | | and file with the Department a
waste management plan in | 26 | | accordance with the provisions of subsection (d).
Cumulative |
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| 1 | | animal units shall be determined by combining the animal units | 2 | | of
multiple livestock management facilities under the common | 3 | | facility ownership
based upon the design capacity of each | 4 | | facility. For the purposes of this
subsection (d-5), "under | 5 | | common facility ownership" means the same person or
persons | 6 | | own, directly or indirectly, through majority owned business | 7 | | entities
at least 51% of any person or persons (as defined by | 8 | | Section 10.55) that own or
operate the livestock management | 9 | | facility or livestock waste handling facility
located in the | 10 | | State of Illinois.
| 11 | | (e) The owner or operator of a livestock management | 12 | | facility shall update
the waste management plan when there is a | 13 | | change in values shown in the plan
under item (1) of subsection | 14 | | (f) of this Section. The waste management plan
and records of | 15 | | livestock waste disposal shall be kept on file for three years.
| 16 | | (f) The application of livestock waste to the land is an | 17 | | acceptable,
recommended, and established practice in Illinois. | 18 | | However, when livestock
waste is not applied in a responsible | 19 | | manner, it may create pollutional
problems. It should be | 20 | | recognized that research relative to livestock waste
| 21 | | application based on livestock waste nutrient content is | 22 | | currently ongoing.
The Dean of the College of Agricultural, | 23 | | Consumer and Environmental Sciences
at the University of | 24 | | Illinois, or his or her designee, shall annually report
to the | 25 | | Advisory Committee on the status of phosphorus research, | 26 | | including
research that has been supported in whole or in part |
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| 1 | | by the Illinois
Council on Food and Agricultural Research. The | 2 | | Advisory Committee
may also consult with other appropriate | 3 | | research entities on the status of
phosphorus research. It is | 4 | | considered acceptable to prepare and implement a
waste | 5 | | management plan based on a nitrogen rate, unless otherwise | 6 | | restricted by
this Section. The waste management plan shall | 7 | | include the following:
| 8 | | (1) An estimate of the volume of livestock waste to be | 9 | | disposed of
annually, which shall be obtained by | 10 | | multiplying the design capacity of the
facility by the | 11 | | appropriate amount of waste generated by the animals. The
| 12 | | values showing the amount of waste generated in Table 2-1, | 13 | | Midwest Plan
Service's, MWPS-18, Livestock Waste | 14 | | Management Facilities Handbook or Design
Criteria for the | 15 | | field application of livestock waste adopted by the Agency
| 16 | | may be used.
| 17 | | (2) The number of acres available for disposal of the | 18 | | waste, whether they
are owned by the owner or operator of | 19 | | the livestock waste management facility
or are shown to be | 20 | | contracted with another person or persons for disposal of
| 21 | | waste.
| 22 | | (3) An estimate of the nutrient value of the waste. The | 23 | | owner or operator
may prepare a plan based on an average of | 24 | | the minimum and maximum numbers in
the table values derived | 25 | | from Midwest Plan Service's, MWPS-18, Livestock Waste
| 26 | | Facilities Handbook, the Agency's Agriculture Related |
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| 1 | | Pollution regulations,
or the results of analysis | 2 | | performed on samples of waste. For the purposes of
| 3 | | compliance with this subsection, the nutrient values of | 4 | | livestock waste may
vary as indicated in the source table. | 5 | | In the case of laboratory analytical
results, the nutrient | 6 | | values may vary with the accuracy of the analytical
method.
| 7 | | (3.5) Results of the Bray P1 or Mehlich test for soil | 8 | | phosphorus reported
in pounds of elemental phosphorus per | 9 | | acre. Soil samples shall be obtained and
analyzed from the | 10 | | livestock waste application fields on land owned or under | 11 | | the
control of the owner or operator where applications are | 12 | | planned. Fields where
livestock waste is applied shall be | 13 | | sampled every 3 years. Sampling
procedures, such as the | 14 | | number of samples and the depth of sampling, as
outlined in | 15 | | the current edition of the Illinois Agronomy Handbook shall | 16 | | be
followed when soil samples are obtained.
| 17 | | (3.6) If the average Bray P1 or Mehlich test result for | 18 | | soil phosphorus
calculated from samples obtained from the | 19 | | application field is 300 pounds or
less of elemental | 20 | | phosphorus per acre, livestock waste may continue to be
| 21 | | applied to that field in accordance with subsection (f) of | 22 | | this Section.
If the average Bray P1 or Mehlich test result | 23 | | for soil phosphorus for an
application field is greater | 24 | | than 300 pounds of elemental phosphorus per acre,
the owner | 25 | | or operator shall apply livestock waste at the phosphorus | 26 | | rate to the
field until the average Bray P1 or Mehlich test |
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| 1 | | for soil phosphorus indicates
there is less than 300 pounds | 2 | | of elemental phosphorus per acre. Upon the
development of a | 3 | | phosphorus index that is approved subject to the provisions
| 4 | | established in Section 55 of this Act, the owner or | 5 | | operator shall use such
index in lieu of the 300 pounds of | 6 | | elemental phosphorus per acre.
| 7 | | (4) An indication that the livestock waste will be | 8 | | applied at rates not
to exceed the agronomic nitrogen | 9 | | demand of the crops to be grown when averaged
over a 5-year | 10 | | period.
| 11 | | (5) A provision that livestock waste applied within 1/4 | 12 | | mile of any
residence not part of the facility shall be | 13 | | injected or incorporated on the
day of application. | 14 | | However, livestock management facilities and livestock
| 15 | | waste handling facilities that have irrigation systems in | 16 | | operation prior to
the effective date of this Act or | 17 | | existing facilities applying waste on frozen
ground are not | 18 | | subject to the provisions of this item (5).
| 19 | | (6) A provision that livestock waste may not be applied | 20 | | within 200 feet
of surface water unless the water is | 21 | | upgrade or there is adequate diking, and
waste will not be | 22 | | applied within 150 feet of potable water supply wells.
| 23 | | (7) A provision that livestock waste may not be applied | 24 | | in a 10-year
flood plain unless the injection or | 25 | | incorporation method of application is
used.
| 26 | | (8) A provision that livestock waste may not be applied |
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| 1 | | in waterways.
| 2 | | (9) A provision that if waste is spread on frozen or | 3 | | snow-covered land,
the application will be limited to land | 4 | | areas on which:
| 5 | | (A) land slopes are 5% or less, or
| 6 | | (B) adequate erosion control practices exist.
| 7 | | (10) Methods for disposal of animal waste.
| 8 | | (g) Any person who is required to prepare and maintain a | 9 | | waste management
plan and who fails to do so shall be issued a | 10 | | warning letter by the Department
for the first violation and | 11 | | shall be given 30 working days to prepare a waste
management | 12 | | plan. For failure to prepare and maintain a waste management | 13 | | plan,
the person shall be fined an administrative penalty of up | 14 | | to $1,000 by the
Department and shall
be required to enter into | 15 | | an agreement of compliance to prepare and maintain
a waste | 16 | | management plan within 30 working days. For failure to prepare | 17 | | and
maintain a waste management plan after the second 30 day | 18 | | period or for failure
to enter into a compliance agreement, the | 19 | | Department may issue an operational
cease and desist order | 20 | | until compliance is attained.
| 21 | | (Source: P.A. 91-110, eff. 7-13-99; 92-16, eff. 6-28-01.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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