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(510 ILCS 77/13)
Sec. 13. Livestock waste handling facilities other than earthen livestock
waste lagoons;
construction standards; certification; inspection; removal-from-service
requirements.
(a) After the effective date of this amendatory Act of 1999, livestock waste
handling
facilities other than earthen livestock waste lagoons used for the storage of
livestock waste shall
be constructed in accordance with this Section.
(1) Livestock waste handling facilities constructed |
| of concrete shall meet the strength and load factors set forth in the Midwest Plan Service's Concrete Manure Storage Handbook (MWPS-36) and future updates. In addition, those structures shall meet the following requirements:
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(A) Waterstops shall be incorporated into the
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| design of the storage structure when consistent with the requirements of paragraph (1) of this subsection;
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(B) Storage structures that handle waste in a
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| liquid form shall be designed to contain a volume of not less than the amount of waste generated during 150 days of facility operation at design capacity; the owner or operator of a livestock waste handling facility constructed with concrete with a design capacity of less than 300 animal units may demonstrate to the Department that a reduced storage volume, not less than 60 days, is feasible due to (i) the availability of land application areas that can receive manure at agronomic rates or (ii) another manure disposal method is proposed that will allow for the reduced manure storage design capacity; the Department shall evaluate the proposal and determine whether a reduced manure storage design capacity is appropriate for the site; and
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(C) Storage structures not covered or otherwise
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| protected from precipitation shall, in addition to the waste storage volume requirements of subparagraph (B) of paragraph (1) of this subsection, include a 2-foot freeboard.
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(2) A livestock waste handling facility in a
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| prefabricated form shall meet the strength, load, and compatibility factors for its intended use. Those factors shall be verified by the manufacturer's specifications.
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(3) Livestock waste handling facilities holding
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| semi-solid livestock waste, including but not limited to picket dam structures, shall be constructed according to the requirements set forth in the Midwest Plan Service's Livestock Waste Facilities Handbook (MWPS-18) and future updates or similar standards used by the Natural Resources Conservation Service of the United States Department of Agriculture.
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(4) Livestock waste handling facilities holding solid
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| livestock waste shall be constructed according to the requirements set forth in the Midwest Plan Service's Livestock Waste Facilities Handbook (MWPS-18) and future updates or similar standards used by the Natural Resources Conservation Service of the United States Department of Agriculture. In addition, solid livestock waste stacking structures shall be sized to store not less than the amount of waste generated during 6 months of facility operation at design capacity. The owner or operator of a livestock waste handling facility holding solid livestock waste with a design capacity of less than 300 animal units may demonstrate to the Department that a reduced storage volume, not less than 2 months, is feasible due to (i) the availability of land application areas that can receive manure at agronomic rates or (ii) another manure disposal method is proposed that will allow for the reduced storage design capacity. The Department shall evaluate the proposal and determine whether a reduced manure storage design capacity is appropriate for the site.
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(5) Holding ponds used for the temporary storage of
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| livestock feedlot run-off shall be constructed according to the requirements set forth in the Midwest Plan Service's Livestock Waste Facilities Handbook (MWPS-18) and future updates or similar standards used by the Natural Resources Conservation Service of the United States Department of Agriculture.
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(b) New livestock management facilities and livestock waste handling
facilities
constructed after the effective date of this amendatory Act of 1999 shall be
subject to the
additional construction requirements and siting prohibitions provided in this
subsection (b).
(1) No new non-lagoon livestock management facility
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| or livestock waste handling facility may be constructed within the floodway of a 100-year floodplain. A new livestock management facility or livestock waste handling facility may be constructed within the portion of a 100-year floodplain that is within the flood fringe and outside the floodway provided that the facility is designed and constructed to be protected from flooding and meets the requirements set forth in the Rivers, Lakes, and Streams Act, Section 5-40001 of the Counties Code, and Executive Order Number 4 (1979). The delineation of floodplains, floodways, and flood fringes shall be in compliance with the National Flood Insurance Program. Protection from flooding shall be consistent with the National Flood Insurance Program and shall be designed so that stored livestock waste is not readily removed.
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(2) A new non-lagoon livestock waste handling
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| facility constructed in a karst area shall be designed to prevent seepage of the stored material into groundwater in accordance with ASAE 393.2 or future updates. Owners or operators of proposed facilities should consult with the local soil and water conservation district, the University of Illinois Cooperative Extension Service, or other local, county, or State resources relative to determining the possible presence or absence of such areas. Notwithstanding the other provisions of this paragraph (2), after the effective date of this amendatory Act of 1999, no non-lagoon livestock waste handling facility may be constructed within 400 feet of any natural depression in a karst area formed as a result of subsurface removal of soil or rock materials that has caused the formation of a collapse feature that exhibits internal drainage. For the purposes of this paragraph (2), the existence of such a natural depression in a karst area shall be indicated by the uppermost closed depression contour lines on a USGS 7 1/2 minute quadrangle topographic map or as determined by Department field investigation in a karst area.
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(3) A new non-lagoon livestock waste handling
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| facility constructed in an area where aquifer material is present within 5 feet of the bottom of the facility shall be designed to ensure the structural integrity of the containment structure and to prevent seepage of the stored material to groundwater. Footings and underlying structure support shall be incorporated into the design standards of the storage structure in accordance with the requirements of Section 4.1 of the American Society of Agricultural Engineers (ASAE) EP 393.2 or future updates.
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(c) A livestock waste handling facility owner may rely on guidance from the
local soil
and water conservation district, the Natural Resources Conservation Service of
the United
States Department of Agriculture, or the University of Illinois Cooperative
Extension Service
for soil type and associated information.
(d) The standards in subsections (a) and (b) shall serve as interim
construction
standards until such time as permanent rules promulgated pursuant to Section 55
of this Act
become effective. In addition, the Department and the Board shall utilize the
interim
standards in subsections (a) and (b) as a basis for the development of such
permanent rules.
(e) The owner or operator of a livestock management facility or livestock
waste
handling facility may, with the approval of the Department, elect to exceed the
strength and
load requirements as set forth in this Section.
(f) The owner or operator of a livestock management facility or livestock
waste
handling facility shall send, by certified mail or in person, to the Department
a certification
of compliance together with copies of verification documents upon completion of
construction.
In the case of structures constructed with the design standards used by the
Natural Resources
Conservation Service of the United States Department of Agriculture, copies of
the design
standards and a statement of verification signed by a representative of the
United States
Department of Agriculture shall accompany the owner's or operator's
certification of
compliance. The certification shall state that the structure meets or exceeds
the requirements
in subsection (a) of this Section. A $250 filing fee shall accompany the
statement.
(g) The Department shall inspect the construction site prior to
construction, during
construction, and within 10 business days following receipt of the
certification of compliance
to determine compliance with the construction standards.
(h) The Department shall require modification when necessary to bring the
construction into compliance with the standards set forth in this Section. The
person making
the inspection shall discuss with the owner, operator, or certified livestock
manager an
evaluation of the livestock waste handling facility construction and shall (i)
provide on-site
written recommendations to the owner, operator, or certified livestock manager
of what
modifications are necessary or (ii) inform the owner, operator, or certified
livestock manager
that the facility meets the standards set forth in this Section. On the day of
the inspection, the
person making the inspection shall give the owner, operator, or certified
livestock manager a
written report of findings based on the inspection together with an explanation
of remedial
measures necessary to enable the livestock waste handling facility to meet the
standards set
forth in this Section. The Department shall, within 5 business days of the date of inspection,
send an official written notice to the owner or operator of the livestock waste handling facility
by certified mail, return receipt requested, indicating that the facility meets the standards set
forth in this Section or identifying the remedial measures necessary to enable the livestock
waste handling facility to meet the standards set forth in this Section. The owner or operator
shall, within 10 business days of receipt of an official written notice of deficiencies, contact the
Department to develop the principles of an agreement of compliance. The owner or operator
and the Department shall enter into an agreement of compliance setting forth the specific
changes to be made to bring the construction into compliance with the standards
required under
this Section. If an agreement of compliance cannot be achieved, the Department
shall issue a
compliance order to the owner or operator outlining the specific changes to be
made to bring
the construction into compliance with the standards required under this
Section.
The owner
or operator can request an administrative hearing to contest the provisions of
the
Department's compliance order.
(i) (Blank).
(j) If any owner or operator operates in violation of an agreement of
compliance, the
Department shall seek an injunction in circuit court to prohibit the operation
of the facility
until construction and certification of the livestock waste handling facility
are in compliance
with the provisions of this Section.
(k) When any livestock management facility not using an earthen livestock
waste
lagoon is removed from service, the accumulated livestock waste remaining within the facility
shall be removed and applied to land at rates consistent with a waste management plan for the
facility. Removal of the waste shall occur within 12 months after the date
livestock production
at the facility ceases. In addition, the owner or operator shall make
provisions to prevent the
accumulation of precipitation within the livestock waste handling facility.
Upon completion
of the removal of manure, the owner or operator of the facility shall notify
the Department that
the facility is being removed from service and the remaining manure has been
removed. The
Department shall conduct an inspection of the livestock waste handling facility
and inform the
owner or operator in writing that the requirements imposed under this
subsection (k) have been met or that
additional actions are necessary. Commencement of operations at a facility
that has livestock
shelters left intact and that has completed the requirements imposed under this
subsection
(k)
and that has been
operated as a livestock management facility or livestock waste handling
facility for 4
consecutive months at any time within the previous 10 years shall not be
considered a new or
expanded livestock management or waste handling facility. A new facility
constructed after May 21, 1996 that has
been removed
from service for a period of 2 or more years shall not be placed back into
service prior to an
inspection of the livestock waste handling facility and receipt of written
approval by the
Department.
(Source: P.A. 95-38, eff. 1-1-08; 96-328, eff. 8-11-09.)
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