Full Text of SB1273 100th General Assembly
SB1273sam001 100TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/28/2017
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| 1 | | AMENDMENT TO SENATE BILL 1273
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1273 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 12.7 as follows: | 6 | | (415 ILCS 5/12.7 new) | 7 | | Sec. 12.7. Concentrated animal feeding operation reporting | 8 | | program. | 9 | | (a) As used in this Section: | 10 | | "Animal feeding operation" or "AFO" means a lot or | 11 | | facility, other than an aquatic animal production facility, | 12 | | where the following conditions are met: | 13 | | (1) animals have been, are, or will be stabled or | 14 | | confined and fed or maintained for a total of 45 days or | 15 | | more in any 12-month period; and | 16 | | (2) crops, vegetation, forage growth, or post-harvest |
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| 1 | | residues that are grown in place are not sustained in the | 2 | | normal growing season over any portion of the lot or | 3 | | facility. | 4 | | Two or more animal feeding operations under common ownership | 5 | | are deemed to be a single animal feeding operation if they are | 6 | | adjacent to each other or if they utilize a common area or | 7 | | system for the disposal of wastes. | 8 | | "Animal unit" means a unit of measurement for any animal | 9 | | feeding operation calculated by adding the following animal | 10 | | numbers: | 11 | | (1) brood cows and slaughter and feeder cattle | 12 | | multiplied by 1.0; | 13 | | (2) milking dairy cows multiplied by 1.4; | 14 | | (3) young dairy stock multiplied by 0.6; | 15 | | (4) swine weighing over 55 pounds multiplied by 0.4; | 16 | | (5) swine weighing under 55 pounds multiplied by 0.03; | 17 | | (6) sheep, lambs, or goats multiplied by 0.1; | 18 | | (7) horses multiplied by 2.0; | 19 | | (8) turkeys multiplied by 0.02; | 20 | | (9) laying hens or broilers multiplied by 0.01, if the | 21 | | facility has continuous
overflow watering; | 22 | | (10) laying hens or broilers multiplied by 0.03, if the | 23 | | facility has a liquid manure handling system; and | 24 | | (11) ducks multiplied by 0.02. | 25 | | "Large concentrated animal feeding operation" or "large | 26 | | CAFO" means an animal feeding operation that stables or |
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| 1 | | confines at least the number of animals specified in any of the | 2 | | following categories: | 3 | | (1) seven hundred mature dairy cows, whether milked or | 4 | | dry; | 5 | | (2) one thousand veal calves; | 6 | | (3) one thousand cattle other than mature dairy cows or | 7 | | veal calves, including, but not limited to, heifers, | 8 | | steers, bulls, and cow and calf pairs; | 9 | | (4) two thousand five hundred swine, each weighing 55 | 10 | | pounds or more; | 11 | | (5) ten thousand swine, each weighing less than 55 | 12 | | pounds; | 13 | | (6) five hundred horses; | 14 | | (7) ten thousand sheep or lambs; | 15 | | (8) fifty five thousand turkeys; | 16 | | (9) thirty thousand laying hens or broilers, if the | 17 | | animal feeding operation uses a liquid manure handling | 18 | | system; | 19 | | (10) one hundred twenty-five thousand chickens, other | 20 | | than laying hens, if the animal feeding operation uses a | 21 | | manure handling system other than a liquid manure handling | 22 | | system; | 23 | | (11) eighty-two thousand laying hens, if the animal | 24 | | feeding operation uses a manure handling system other than | 25 | | a liquid manure handling system; | 26 | | (12) thirty thousand ducks, if the animal feeding |
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| 1 | | operation uses a manure handling system other than a liquid | 2 | | manure handling system; or | 3 | | (13) five thousand ducks, if the animal feeding | 4 | | operation uses a liquid manure handling system. | 5 | | "Medium concentrated animal feeding operation" or "medium | 6 | | CAFO" means an animal feeding operation that all of the | 7 | | following requirements apply to: | 8 | | (1) The animal feeding operation stables or confines | 9 | | the number of animals specified in any of the following | 10 | | categories: | 11 | | (A) two hundred to 699 mature dairy cows, whether | 12 | | milked or dry; | 13 | | (B) three hundred to 999 veal calves; | 14 | | (C) three hundred to 999 cattle other than mature | 15 | | dairy cows or veal calves, including, but not limited | 16 | | to, heifers, steers, bulls, and cow and calf pairs; | 17 | | (D) seven hundred fifty to 2,499 swine, each | 18 | | weighing 55 pounds or more; | 19 | | (E) three thousand to 9,999 swine, each weighing | 20 | | less than 55 pounds; | 21 | | (F) one hundred fifty to 499 horses; | 22 | | (G) three thousand to 9,999 sheep or lambs; | 23 | | (H) sixteen thousand five hundred to 54,999 | 24 | | turkeys; | 25 | | (I) nine thousand to 29,999 laying hens or | 26 | | broilers, if the animal feeding operation uses a liquid |
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| 1 | | manure handling system; | 2 | | (J) thirty-seven thousand five hundred to 124,999 | 3 | | chickens, other than laying hens, if the animal feeding | 4 | | operation uses a manure handling system other than a | 5 | | liquid manure handling system; | 6 | | (K) twenty-five thousand to 81,999 laying hens, if | 7 | | the animal feeding operation uses a manure handling | 8 | | system other than a liquid manure handling system; | 9 | | (L) ten thousand to 29,999 ducks, if the animal | 10 | | feeding operation uses a manure handling system other | 11 | | than a liquid manure handling system; or | 12 | | (M) one thousand five hundred to 4,999 ducks, if | 13 | | the animal feeding operation uses a liquid manure | 14 | | handling system. | 15 | | (2) Pollutants are discharged into waters of the United | 16 | | States through a man-made ditch, flushing system, or other | 17 | | similar man-made device; pollutants are discharged | 18 | | directly into waters of the United States that originate | 19 | | outside of and pass over, across, through, or otherwise | 20 | | come into direct contact with the animals confined in the | 21 | | animal feeding operation; or the animal feeding operation | 22 | | is designated as a CAFO by the Agency pursuant to 35 Ill. | 23 | | Adm. Code 502.106. | 24 | | (b) Owners or operators of animal feeding operations that | 25 | | confine 300 animal units or more, or AFOs that meet the size | 26 | | threshold to qualify as a medium CAFO or large CAFO, must |
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| 1 | | submit reporting forms and supporting information to the Agency | 2 | | prior to operation. Once in operation, owners or operators of | 3 | | medium CAFOs and large CAFOs must register annually with the | 4 | | Agency. | 5 | | (c) As of the effective of this amendatory Act of the 100th | 6 | | General Assembly, all medium CAFOs and large CAFOs shall | 7 | | register with the Agency as provided in this subsection. | 8 | | All medium CAFOs and large CAFOs shall register between | 9 | | January 1 and March 31 of each year and facilities constructed | 10 | | after March 31 of any year shall register during the next | 11 | | available period of registration. The following information | 12 | | shall be reported to the Agency, on a form to be supplied by | 13 | | the Agency: | 14 | | (1) the names, addresses, and phone numbers of the | 15 | | owners and operators of the operation; | 16 | | (2) the location of the operation identified by the | 17 | | street address or the latitude and longitude; | 18 | | (3) each type of animal stabled or confined at the | 19 | | facility and the maximum number of each animal type; | 20 | | (4) the number of acres under the control of the owner | 21 | | or operator available for land application; and | 22 | | (5) a copy of the operation's waste management plan if | 23 | | the operation has such a plan. | 24 | | If an AFO that has provided information to the Agency under | 25 | | this Section ceases operation, then the owner or operator of | 26 | | the AFO must submit a notification of termination to the Agency |
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| 1 | | within 30 days after closure of the facility. Any submittal | 2 | | required under this Section shall be mailed to the Agency's | 3 | | Division of Water Pollution and Control or sent electronically | 4 | | in a form provided by the Agency. Medium CAFOs and large CAFOs | 5 | | must annually reregister by submitting a renewal form between | 6 | | January and March of each year, and provide current address and | 7 | | contact information within 15 working days of a change. | 8 | | In the case of annual renewal forms, the Agency may accept | 9 | | forms identifying only information that is different from the | 10 | | information previously provided, including differing waste | 11 | | management plan information. The Agency may charge filing fees | 12 | | for initial and annual information filings. The Agency shall | 13 | | make the information collected under this Section available to | 14 | | the public. | 15 | | (d) The owner or operator of a medium CAFO or large CAFO | 16 | | must comply with all conditions of reporting. It shall be a | 17 | | violation of this Section for any person to: | 18 | | (1) provide misleading, false, or fraudulent | 19 | | registration information; or | 20 | | (2) fail to register annually or promptly provide any | 21 | | record or allow the Agency access to inspect any records | 22 | | required to be submitted.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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