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90_HB1547enr
510 ILCS 50/1 from Ch. 8, par. 168
510 ILCS 50/3 from Ch. 8, par. 170
510 ILCS 50/19 from Ch. 8, par. 186
510 ILCS 50/22 from Ch. 8, par. 189
510 ILCS 50/24 from Ch. 8, par. 191
510 ILCS 100/3 from Ch. 8, par. 503
Amends the Illinois Diseased Animals Act. Provides that
the Department of Agriculture may designate a disease as a
"contagious or infectious disease" or as a "reportable
disease" by rule. Provides that a veterinarian who has
information on the existence of any reportable (rather than
contagious or infectious) disease among animals in this
State, who fails to report it, shall be guilty of a business
offense (rather than a Class A misdemeanor), with a fine of
not more than $1,000. Changes provisions directing that
owners of swine who do not report the existence of hog
cholera or any other contagious or infectious swine disease
and who transport diseased swine shall be liable to anyone
suffering damage as a result, to identical provisions
applying to all owners of animals and any contagious or
infectious disease. Amends the Illinois Swine Disease
Control and Eradication Act to define "contagious or
infectious disease" as it is defined in the Illinois Diseased
Animals Act. Makes other changes.
LRB9003676SMdvD
HB1547 Enrolled LRB9003676SMdvD
1 AN ACT concerning soil and water resources.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Soil and Water Conservation Districts Act
5 is amended by changing Section 6 as follows:
6 (70 ILCS 405/6) (from Ch. 5, par. 111)
7 Sec. 6. Powers and duties. In addition to the powers and
8 duties otherwise conferred upon the Department, it shall have
9 the following powers and duties:
10 (1) To offer such assistance as may be appropriate to
11 the directors of soil and water conservation districts,
12 organized as provided hereinafter, in the carrying out of any
13 of the powers and programs.
14 (2) To keep the directors of each of said several
15 districts informed of the activities and experience of other
16 such districts, and to facilitate an interchange of advice
17 and experience between such districts and cooperation between
18 them.
19 (3) To coordinate the programs of the several districts
20 so far as this may be done by advice and consultation.
21 (4) To seek the cooperation and assistance of the United
22 States and of agencies of this State, in the work of such
23 districts.
24 (5) To disseminate information throughout the State
25 concerning the formation of such districts, and to assist in
26 the formation of such districts in areas where their
27 organization is desirable.
28 (6) To consider, review, and express its opinion
29 concerning any rules, regulations, ordinances or other action
30 of the board of directors of any district and to advise such
31 board of directors accordingly.
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1 (7) To prepare and submit to the Director of the
2 Department an annual budget.
3 (8) To develop and coordinate a comprehensive State
4 erosion and sediment control program, including guidelines to
5 be used by districts in implementing this program. In
6 developing this program, the Department may consult with and
7 request technical assistance from local, State and federal
8 agencies, and may consult and advise with technically
9 qualified persons and with the soil and water conservation
10 districts. The guidelines developed may be revised from time
11 to time as necessary.
12 (9) To promote among its members the management of
13 marginal agricultural and other rural lands for forestry,
14 consistent with the goals and purposes of the "Illinois
15 Forestry Development Act".
16 Nothing in this Act shall authorize the Department or any
17 district to regulate or control point source discharges to
18 waters.
19 (10) To make grants subject to annual appropriation from
20 the Build Illinois Purposes Fund, the Build Illinois Bond
21 Fund or any other sources, including the federal government,
22 to Soil and Water Conservation Districts and the Soil
23 Conservation Service.
24 (11) To provide payment for outstanding health care
25 costs of Soil and Water Conservation District employees
26 incurred between January 1, 1996 and December 31, 1996 that
27 were eligible for reimbursement from the District's insurance
28 carrier, Midcontinent Medical Benefit Trust, but have not
29 been paid to date by Midcontinent. All claims shall be filed
30 with the Department on or before January 30, 1998 to be
31 considered for payment under the provisions of this
32 amendatory Act of 1997. The Department shall approve or
33 reject claims based upon documentation and in accordance with
34 established procedures. The authority granted under this
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1 item (11) expires on September 1, 1998.
2 Nothing in this Act shall authorize the Department in any
3 district to regulate or curtail point source discharges to
4 waters.
5 (Source: P.A. 84-111.)
6 Section 5. The Illinois Dead Animal Disposal Act is
7 amended by changing Section 17 as follows:
8 (225 ILCS 610/17) (from Ch. 8, par. 165)
9 Sec. 17. (a) No person caring for, acting as an agent
10 for the owner of or owning any animal, poultry or fish which
11 has died shall allow the body or parts of the body to lie
12 about the premises. Such body or parts of the body shall be
13 disposed of within 24 hours after death as prescribed by
14 regulations of the Department. The Department may prohibit
15 the hauling or transportation of the body of any animal,
16 poultry or fish which has died of a highly contagious,
17 infectious or communicable disease and may specify the method
18 of disposal.
19 (b) The owner, operator, caretaker or animal collection
20 service may dispose of bodies of dead animals, poultry or
21 fish by composting on the site where the death of the animals
22 occurred, or by transporting the bodies to a licensed
23 landfill for disposal. Parts of bodies may be transported to
24 the licensed landfill only in the case of on-site slaughter
25 or on-site necropsy performed to determine the cause of death
26 of the animal. Transporting the bodies or those parts of
27 bodies shall be by conveyance that is owned or operated by
28 the owner, operator, caretaker or animal collection service.
29 (c) When the destruction or disposal of a body or parts
30 of a body of an animal, poultry or fish, is by burying,
31 burning or composting, it shall be done in a manner as
32 required by regulations of the Department and in compliance
HB1547 Enrolled -4- LRB9003676SMdvD
1 with the requirements of the Environmental Protection Act.
2 (d) Any site where the bodies of dead animals or poultry
3 are to be composted shall comply with the following setbacks:
4 (1) The composting site shall include a setback of
5 at least 200 feet from the nearest potable water supply
6 well, except in accordance with subsection (b) of Section
7 14.2 of the Environmental Protection Act.
8 (2) The composting site shall be located outside
9 the boundary of the 10-year floodplain or the site shall
10 be protected from flooding.
11 (3) A composting site constructed after the
12 effective date of this amendatory Act of 1997 so as to
13 constitute a "new facility" after that date as defined in
14 the Livestock Management Facilities Act shall be located
15 at least 1/4 mile from the nearest occupied residence
16 (other than a residence located on the same property as
17 the facility).
18 (Source: P.A. 88-133.)
19 Section 10. The Livestock Management Facilities Act is
20 amended by changing Sections 15, 17, 20, 25, 30, and 55 and
21 adding Section 16 as follows:
22 (510 ILCS 77/15)
23 Sec. 15. Livestock waste lagoon.
24 (a) Standards for livestock waste lagoon construction.
25 Any earthen livestock waste lagoon subject to registration
26 shall be constructed or modified in accordance with "Design
27 of Anaerobic Lagoons for Animal Waste Management" promulgated
28 by the American Society of Agricultural Engineers and
29 designated (ASAE EP403.1) or the national guidelines as
30 published by the United States Department of Agriculture
31 Natural Resource Conservation Service in Illinois and titled
32 Waste Treatment Lagoon. The owner or operator of the earthen
HB1547 Enrolled -5- LRB9003676SMdvD
1 livestock lagoon may, with approval from the Department,
2 modify or exceed these standards in order to meet site
3 specific objectives. Notwithstanding any other requirement
4 of this subsection, every earthen livestock waste lagoon
5 shall include the construction of a secondary berm, filter
6 strip, grass waterway, or terrace, or any combination of
7 those, outside the perimeter of the primary berm if an
8 engineer licensed under the Professional Engineering Practice
9 Act of 1989 and retained by the registrant determines, with
10 the concurrence of the Department, that construction of such
11 a secondary berm or other feature or features is necessary in
12 order to ensure against a release of livestock waste from the
13 lagoon (i) that encroaches or is reasonably expected to
14 encroach upon land other than the land occupied by the
15 livestock waste handling facility of which the lagoon is a
16 part or (ii) that enters or is reasonably expected to enter
17 the waters of this State. The Department shall determine
18 compliance with these requirements. The Department may
19 require changes in design or additional requirements to
20 protect groundwater, such as extra liner depth or synthetic
21 liners, when it appears groundwater could be impacted.
22 (b) Registration and certification. Any earthen
23 livestock waste lagoon newly constructed or modified (does
24 not include repairs) after the effective date of rules
25 adopted for the implementation of this Act shall be
26 registered by the owner or operator with the Department on a
27 form provided by the Department. Lagoons constructed prior
28 to the effective date of rules adopted for the implementation
29 of this Act may register with the Department at no charge.
30 In order to give the Department notice of the owner's or
31 operator's intent to construct or modify an earthen livestock
32 waste lagoon, the owner or operator shall register such
33 lagoon with the Department during the preconstruction phase.
34 Construction shall not begin until 30 days after submittal of
HB1547 Enrolled -6- LRB9003676SMdvD
1 a registration form by certified mail to the Department.
2 When an informational meeting is requested by the county,
3 construction shall not begin until after the informational
4 meeting has been held.
5 Livestock waste lagoon registration forms shall be made
6 available to producers at offices of the Department of
7 Agriculture, Cooperative Extension Service, and Soil and
8 Water Conservation Districts.
9 Registration information shall include the following:
10 (1) Name(s) and address(es) of the owner and
11 operator who are responsible for the livestock waste
12 lagoon.
13 (2) General location of lagoon.
14 (3) Design construction plans and specifications.
15 (4) Specific location information:
16 (A) Distance to a private or public potable
17 well;
18 (B) Distance to closest occupied private
19 residence (other than any occupied by owner or
20 operator);
21 (C) Distance to nearest stream; and
22 (D) Distance to nearest populated area.
23 (5) Anticipated beginning and ending dates of
24 construction.
25 (6) Type of livestock and number of animal units.
26 The Department of Agriculture upon receipt of a livestock
27 waste lagoon registration form shall review the form to
28 determine that all required information has been provided.
29 The person filing the registration shall be notified within
30 15 working days that the registration is complete or that
31 clarification of information is needed. No later than 10
32 working days after receipt of the clarification information,
33 the Department shall notify the owner or operator that the
34 registration is complete.
HB1547 Enrolled -7- LRB9003676SMdvD
1 The Department shall inspect an earthen livestock waste
2 lagoon during at least one of the following phases:
3 preconstruction, construction, and post-construction. The
4 Department shall require modifications when necessary to
5 bring construction in compliance with the standards as set
6 forth in subsection (a) of Section 15. The person making
7 the inspection shall discuss with the owner, or operator, or
8 certified livestock manager an evaluation of the livestock
9 waste lagoon construction and shall (i) provide on-site
10 written recommendations to the owner, or operator, or
11 certified livestock manager of what modifications are
12 necessary or (ii) inform the owner, operator, or certified
13 livestock manager that the lagoon meets the standards set
14 forth in subsection (a) of Section 15. On the day of the
15 inspection, the person making the inspection shall give the
16 owner, operator, or certified livestock manager a written
17 report of his or her findings based on the inspection,
18 together with an explanation of any remedial measures
19 necessary to enable the lagoon to meet the standards set
20 forth in subsection (a).
21 The person making any inspection shall comply with
22 reasonable animal health protection procedures as requested
23 by the owner, or operator, or certified livestock manager.
24 Upon completion of the construction or modification, but
25 prior to placing the lagoon in service, the owner or operator
26 of the livestock waste lagoon shall certify on a form
27 provided by the Department that the lagoon has been
28 constructed or modified in accordance with the standards set
29 forth in subsection (a) of Section 15 and that the
30 information provided on the registration form is correct.
31 (1) The certification notice to the Department
32 shall include a certification statement and signature.
33 (2) The certification shall state: "I hereby
34 certify that the information provided on this form is
HB1547 Enrolled -8- LRB9003676SMdvD
1 correct and that the lagoon has been constructed in
2 accordance with the standards as required by the
3 Livestock Management Facilities Act."
4 The owner or operator of the lagoon may proceed to place
5 the lagoon in service no earlier than 10 working days after
6 submitting to the Department a certification of compliance
7 statement.
8 (b-5) Public informational meeting. Within 7 days after
9 receiving a registration form giving notice of an intent to
10 construct or modify an earthen livestock waste lagoon after
11 the effective date of this amendatory Act of 1997, the
12 Department shall send a copy of the registration form to the
13 county board of the county in which the lagoon is or is to
14 be located. After receiving a copy of a lagoon registration
15 form from the Department under this subsection, within 30
16 days the county board may at its discretion request that the
17 Department conduct a public informational meeting within 15
18 days of the request concerning the proposed construction or
19 modification of the lagoon. If the Department conducts such
20 a meeting, then at least 10 days before the meeting, the
21 Department shall cause notice of the meeting to be published
22 in a newspaper of general circulation in the county or the
23 State newspaper. The owner or operator who submitted the
24 registration form to the Department shall appear at the
25 meeting. At the meeting, the Department shall afford members
26 of the public an opportunity to ask questions and present
27 oral or written testimony concerning the proposed
28 construction or modification of the lagoon.
29 (c) Complaint procedure. Any person having a complaint
30 concerning an earthen livestock waste lagoon may file a
31 complaint with the Agency. If the Agency finds that
32 groundwater has been negatively impacted because of
33 structural problems with the earthen lagoon, the Agency shall
34 notify the Department that modification of the lagoon is
HB1547 Enrolled -9- LRB9003676SMdvD
1 necessary. The livestock owner or operator or the Department
2 may request guidance from the United States Department of
3 Agriculture Natural Resource Conservation Service or the
4 University of Illinois Cooperative Extension Service.
5 The person making any inspection shall comply with animal
6 health protection procedures as requested by the owner or
7 operator.
8 Any earthen livestock waste lagoon in service prior to
9 the effective date of the rules for implementation of this
10 Act is not subject to registration but is only subject to the
11 complaint procedure. However, any such livestock waste
12 lagoon found impacting groundwater shall be required to be
13 repaired, modified, or have procedures instituted so
14 groundwater is not negatively impacted.
15 If an investigation reveals groundwater has been
16 negatively impacted, the Department and Agency shall
17 cooperate with the owner or operator of the affected
18 livestock waste lagoon to provide a reasonable solution to
19 protect the groundwater.
20 Nothing in this Section shall limit the Agency's
21 authority under the Environmental Protection Act to
22 investigate and respond to violations of the Environmental
23 Protection Act or rules adopted under that Act.
24 (d) Livestock waste lagoon registration fee. The
25 livestock waste lagoon registration fee is $50.
26 (d-5) Reporting release of waste. An owner or operator
27 of a lagoon shall report to the Agency any release of
28 livestock waste from a lagoon within 24 hours after the
29 discovery of the release. The procedure for reporting
30 releases shall be adopted by the Agency by rule.
31 For a first violation of this subsection (d-5) by the
32 owner or operator of a livestock management facility or
33 livestock waste handling facility, the Department shall send
34 the owner or operator a written notice of the violation by
HB1547 Enrolled -10- LRB9003676SMdvD
1 certified mail, return receipt requested.
2 If after an administrative hearing the Department finds
3 that the owner or operator of a livestock management facility
4 or livestock waste handling facility has committed a second
5 violation of this subsection (d-5), the Department shall
6 impose on the owner or operator a civil administrative
7 penalty in an amount not exceeding $1,000. The Attorney
8 General may bring an action in the circuit court to enforce
9 the collection of a penalty imposed under this subsection
10 (d-5).
11 If after an administrative hearing the Department finds
12 that the owner or operator of a livestock management facility
13 or livestock waste handling facility has committed a third
14 violation of this subsection (d-5), the Department shall
15 enter an administrative order directing that the owner or
16 operator cease operation of the facility until the violation
17 is corrected.
18 If a livestock management facility or livestock waste
19 handling facility has not committed a violation of this
20 subsection (d-5) within the 5 years immediately preceding a
21 violation, the violation shall be construed and treated as a
22 first violation.
23 (e) Closure of livestock waste lagoons. When any earthen
24 livestock waste lagoon is removed from service, it shall be
25 completely emptied. Appropriate closure procedures shall be
26 followed as determined by rule. The remaining hole must be
27 filled. The closure requirements shall be completed within
28 two years from the date of cessation of operation unless the
29 lagoon is maintained or serviced. The Department may grant a
30 waiver to the before-stated closure requirements that will
31 permit the lagoon to be used for an alternative purpose.
32 Upon a change in ownership of a registered earthen
33 livestock waste lagoon, the owner shall notify the Department
34 of the change within 30 working days of the closing of the
HB1547 Enrolled -11- LRB9003676SMdvD
1 transaction.
2 (f) Administrative authority. All actions of the
3 Department of Agriculture are subject to the Illinois
4 Administrative Procedure Act.
5 Any earthen livestock waste lagoon subject to
6 registration shall not begin operation until the owner or
7 operator of the lagoon has met the requirements of this Act.
8 The owner or operator of any earthen livestock waste
9 lagoon subject to registration that has not been registered
10 or 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
14 working days of receipt of the notice. The Department may
15 inspect such lagoon and require compliance in accordance with
16 subsections (a) and (b) of this Section. If the owner or
17 operator of the livestock waste lagoon that is subject to
18 registration fails to comply with the notice, the Department
19 may issue a cease and desist order until such time as
20 compliance is obtained with the requirements of this Act.
21 Failure to construct the lagoon in accordance with the
22 construction plan and Department recommendations is a
23 business offense punishable by a fine of not more than
24 $5,000.
25 (Source: P.A. 89-456, eff. 5-21-96.)
26 (510 ILCS 77/16 new)
27 Sec. 16. Inspection of earthen livestock waste lagoons
28 by Department. At least once each year on a random basis,
29 the Department shall inspect every earthen livestock waste
30 lagoon that services 1,000 or more animal units and is
31 required to be registered under this Act. The owner or
32 operator of the lagoon or a certified livestock manager must
33 be present during the inspection. If the owner, operator,
HB1547 Enrolled -12- LRB9003676SMdvD
1 or certified livestock manager is not present at the
2 scheduled date, time, and place of the inspection, the
3 inspection shall proceed in his or her absence. The person
4 making the inspection shall conduct a visual inspection to
5 determine only whether any of the following are present:
6 burrow holes, trees or woody vegetation, proper freeboard,
7 erosion, settling of the berm, bermtop maintenance, leaks,
8 and seepage. The person making the inspection shall discuss
9 with the owner, operator, or certified livestock manager an
10 evaluation of the livestock waste lagoon's current condition
11 and shall (i) provide on-site written recommendations to the
12 owner, operator, or certified livestock manager of what
13 corrective actions are necessary or (ii) inform the owner,
14 operator, or certified livestock manager that the lagoon
15 meets the standards set forth in this subsection.
16 The person making any inspection shall comply with
17 reasonable animal health protection procedures as requested
18 by the owner, operator, or certified livestock manager.
19 The Department shall send official written notice of any
20 deficiencies to the owner or operator of the lagoon by
21 certified mail, return receipt requested. The owner or
22 operator and the Department shall enter into an agreement of
23 compliance setting forth the specific action and timetable to
24 correct the deficiencies. The person making the
25 reinspection shall notify the Department of the results of
26 the reinspection, and the Department shall take the
27 appropriate action under this Section. If the Department's
28 inspector finds a release or evidence of a release, the
29 Department shall immediately report such information to the
30 Agency.
31 For a first violation of this Section by the owner or
32 operator of a livestock management facility or livestock
33 waste handling facility, the Department shall send the owner
34 or operator a written notice of the violation by certified
HB1547 Enrolled -13- LRB9003676SMdvD
1 mail, return receipt requested.
2 If after an administrative hearing the Department finds
3 that the owner or operator of a livestock management facility
4 or livestock waste handling facility has committed a second
5 violation of this Section, the Department shall impose on the
6 owner or operator a civil administrative penalty in an amount
7 not exceeding $1,000. The Attorney General may bring an
8 action in the circuit court to enforce the collection of a
9 penalty imposed under this Section.
10 If after an administrative hearing the Department finds
11 that the owner or operator of a livestock management facility
12 or livestock waste handling facility has committed a third
13 violation of this Section, the Department shall enter an
14 administrative order directing that the owner or operator
15 cease operation of the facility until the violation is
16 corrected.
17 If a livestock management facility or livestock waste
18 handling facility has not committed a violation of this
19 Section within the 5 years immediately preceding a violation,
20 the violation shall be construed and treated as a first
21 violation.
22 (510 ILCS 77/17)
23 Sec. 17. Financial responsibility. Owners of new or
24 modified lagoons registered under the provisions of this Act
25 shall establish and maintain evidence of financial
26 responsibility to provide for the closure of the lagoons and
27 the proper disposal of their contents within the time
28 provisions outlined in this Act. Financial responsibility
29 may be evidenced by any combination of the following:
30 (1) Commercial or private insurance;
31 (2) Guarantee;
32 (3) Surety bond;
33 (4) Letter of credit;
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1 (5) Certificate of Deposit or designated savings
2 account;.
3 (6) Participation in a livestock waste lagoon closure
4 fund managed by the Illinois Farm Development Authority.
5 The level of surety required shall be determined by rule
6 and be based upon the volumetric capacity of the lagoon. By
7 January 1, 1997, The Department shall conduct a study of the
8 availability and cost of commercial surety instruments and
9 report its findings to the General Assembly for its
10 consideration and review. Surety instruments required under
11 this Section shall be required after the effective date of
12 rules adopted for the implementation of this Act.
13 (Source: P.A. 89-456, eff. 5-21-96.)
14 (510 ILCS 77/20)
15 Sec. 20. Handling, storing and disposing of livestock
16 waste.
17 (a) The livestock management facility owner or operator
18 shall comply with the requirements for handling, storing, and
19 disposing of livestock wastes as set forth in the rules
20 adopted pursuant to the Illinois Environmental Protection Act
21 concerning agriculture related pollution.
22 (b) The livestock management facility owner or operator
23 at a facility of less than 1,000 animal units shall not be
24 required to prepare and maintain a waste management plan.
25 (c) The livestock management facility owner or operator
26 at a facility of 1,000 or greater animal units but less than
27 7,000 animal units shall prepare and maintain on file at the
28 livestock management facility a general waste management
29 plan. Notwithstanding this requirement, a livestock
30 management facility subject to this subsection may be
31 operated on an interim basis but not to exceed 6 months after
32 the effective date of the rules promulgated pursuant to this
33 Act to allow for the owner or operator of the facility to
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1 develop a waste management plan. The waste management plan
2 shall be available for inspection during normal business
3 hours by Department personnel.
4 (d) The livestock management facility owner or operator
5 at a facility of 7,000 or greater animal units shall prepare,
6 maintain, and submit to the Department the waste management
7 plan for approval. Approval of the waste management plan
8 shall be predicated on compliance with provisions of
9 subsection (f). The waste management plan shall be approved
10 by the Department before operation of the facility or in the
11 case of an existing facility, the waste management plan shall
12 be submitted within 60 working days after the effective date
13 of the rules promulgated pursuant to this Act.
14 The owner or operator of an existing livestock management
15 facility that through growth meets or exceeds 7,000 animal
16 units shall file its waste management plan with the
17 Department within 60 working days after reaching the stated
18 animal units.
19 The owner or operator of a livestock management facility
20 that is subject to this subsection (d) shall file within 60
21 working days with the Department a revised waste management
22 plan when there is a significant change in items (1), (2), or
23 (10) of subsection (f) that will materially affect compliance
24 with the waste management plan.
25 (e) The waste management plan and records of livestock
26 waste disposal shall be kept on file for three years.
27 (f) The application of livestock waste to the land is an
28 acceptable, recommended, and established practice in
29 Illinois. However, when livestock waste is not applied in a
30 responsible manner, it may create pollutional problems. It
31 should be recognized that, in most cases, if the agronomic
32 nitrogen rate is met, the phosphorus applied will exceed the
33 crop requirements, but not all of the phosphorus may be
34 available for use by the crop. It will be considered
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1 acceptable, therefore, to prepare and implement a waste
2 management plan based on the nitrogen rate. The waste
3 management plan shall include the following:
4 (1) An estimate of the volume of waste to be
5 disposed of annually.
6 (2) The number of acres available for disposal of
7 the waste.
8 (3) An estimate of the nutrient value of the waste.
9 (4) An indication that the livestock waste will be
10 applied at rates not to exceed the agronomic nitrogen
11 demand of the crops to be grown when averaged over a
12 5-year period.
13 (5) A provision that livestock waste applied within
14 1/4 mile of any residence not part of the facility shall
15 be injected or incorporated on the day of application.
16 However, livestock management facilities and livestock
17 waste handling facilities that have irrigation systems in
18 operation prior to the effective date of this Act or
19 existing facilities applying waste on frozen ground are
20 not subject to the provisions of this item (5).
21 (6) A provision that livestock waste may not be
22 applied within 200 feet of surface water unless the water
23 is upgrade or there is adequate diking, and waste will
24 not be applied within 150 feet of potable water supply
25 wells.
26 (7) A provision that livestock waste may not be
27 applied in a 10-year flood plain unless the injection or
28 incorporation method of application is used.
29 (8) A provision that livestock waste may not be
30 applied in waterways.
31 (9) A provision that if waste is spread on frozen
32 or snow-covered land, the application will be limited to
33 land areas on which:
34 (A) land slopes are 5% or less, or
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1 (B) adequate erosion control practices exist.
2 (10) Methods for disposal of animal waste.
3 (g) Any person who is required to prepare and maintain a
4 waste management plan and who fails to do so shall be issued
5 a warning letter by the Department for the first violation
6 and shall be given 30 working days to prepare a waste
7 management plan. For failure to prepare and maintain a waste
8 management plan, the person shall be fined an administrative
9 penalty of up to $1,000 $500 by the Department and shall be
10 required to enter into an agreement of compliance to prepare
11 and maintain a waste management plan within 30 working days.
12 For failure to prepare and maintain a waste management plan
13 after the second 30 day period or for failure to enter into a
14 compliance agreement, the Department may issue an operational
15 cease and desist order until compliance is attained.
16 (Source: P.A. 89-456, eff. 5-21-96.)
17 (510 ILCS 77/25)
18 Sec. 25. Odor control.
19 (a) Operators of livestock waste handling facilities
20 shall practice odor control methods during the course of
21 manure removal and field application. Odor control methods
22 shall be those methods identified in the rules adopted
23 pursuant to the Illinois Environmental Protection Act
24 concerning agriculture related pollution.
25 (b) Every single-stage livestock waste lagoon constructed
26 after the effective date of this amendatory Act of 1997 shall
27 comply with the following operational guidelines:
28 (1) In operation, the lagoon must be maintained at
29 not less than the minimum design volume.
30 (2) The livestock waste supply to the lagoon must be
31 below the minimum design volume level.
32 (3) The livestock waste storage capacity of the
33 lagoon must be greater than 270 days.
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1 (c) Above-ground livestock waste holding structures must
2 be operated using odor control management guidelines based on
3 scientific peer review accepted by the Department and
4 determined to be economically feasible to the specific
5 operation.
6 (d) For a first violation of this Section by the owner
7 or operator of a livestock management facility or livestock
8 waste handling facility, the Department shall send the owner
9 or operator a written notice of the violation by certified
10 mail, return receipt requested.
11 If after an administrative hearing the Department finds
12 that the owner or operator of a livestock management facility
13 or livestock waste handling facility has committed a second
14 violation of this Section, the Department shall impose on the
15 owner or operator a civil administrative penalty in an amount
16 not exceeding $1,000. The Attorney General may bring an
17 action in the circuit court to enforce the collection of a
18 penalty imposed under this Section.
19 If after an administrative hearing the Department finds
20 that the owner or operator of a livestock management facility
21 or livestock waste handling facility has committed a third
22 violation of this Section, the Department shall enter an
23 administrative order directing that the owner or operator
24 cease operation of the facility until the violation is
25 corrected.
26 If a livestock management facility or livestock waste
27 handling facility has not committed a violation of this
28 Section within the 5 years immediately preceding a violation,
29 the violation shall be construed and treated as a first
30 violation.
31 (Source: P.A. 89-456, eff. 5-21-96.)
32 (510 ILCS 77/30)
33 Sec. 30. Certified Livestock Manager. The Department
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1 shall establish a Certified Livestock Manager program in
2 conjunction with the livestock industry that will enhance
3 management skills in critical areas, such as environmental
4 awareness, safety concerns, odor control techniques and
5 technology, neighbor awareness, current best management
6 practices, and the developing and implementing of manure
7 management plans.
8 (a) Applicability. A livestock waste handling facility
9 serving 300 or greater animal units shall be operated only
10 under the supervision of a certified livestock manager. Not
11 withstanding the before-stated provision, a livestock waste
12 handling facility may be operated on an interim basis, but
13 not to exceed 6 months, to allow for the owner or operator of
14 the facility to become certified.
15 (b) A certification program shall include the following:
16 (1) A general working knowledge of best management
17 practices.
18 (2) A general working knowledge of livestock waste
19 handling practices and procedures.
20 (3) A general working knowledge of livestock
21 management operations and related safety issues.
22 (4) An awareness and understanding of the
23 responsibility of the owner or operator for all employees
24 who may be involved with waste handling.
25 (c) Any certification issued shall be valid for 3 years
26 and thereafter be subject to renewal. A renewal shall be
27 valid for a 3 year period and the procedures set forth in
28 this Section shall be followed. The Department may require
29 anyone who is certified to be recertified in less than 3
30 years for just cause including but not limited to repeated
31 complaints where investigations reveal the need to improve
32 management practices.
33 (d) Methods for obtaining certified livestock manager
34 status.
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1 (1) The owner or operator of a livestock waste
2 handling facility serving 300 or greater animal units but
3 less than 1,000 animal units shall become a certified
4 livestock manager by:
5 (A) attending a training session conducted by
6 the Department of Agriculture, Cooperative Extension
7 Service, or any agriculture association, which has
8 been approved by or is in cooperation with the
9 Department; or
10 (B) in lieu of attendance at a training
11 session, successfully completing a written
12 competency examination.
13 (2) The owner or operator of a livestock waste
14 handling facility serving 1,000 or greater animal units
15 shall become a certified livestock manager by attending a
16 training session conducted by the Department of
17 Agriculture, Cooperative Extension Service, or any
18 agriculture association, which has been approved by or is
19 in cooperation with the Department and successfully
20 completing a written competency examination.
21 (e) The certified livestock manager certificate shall be
22 issued by the Department and shall indicate that the person
23 named on the certificate is certified as a livestock
24 management facility manager, the dates of certification, and
25 when renewal is due.
26 (f) The Department shall charge $10 for the issuance or
27 renewal of a certified livestock manager certificate. The
28 Department may, by rule, establish fees to cover the costs of
29 materials and training for training sessions given by the
30 Department.
31 (g) The owner or operator of a livestock waste handling
32 facility operating in violation of the provisions of
33 subsection (a) of this Section shall be issued a warning
34 letter for the first violation and shall be required to have
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1 a certified manager for the livestock waste handling facility
2 within 30 working days. For failure to comply with the
3 warning letter within the 30 day period, the person shall be
4 fined an administrative penalty of up to $1,000 $500 by the
5 Department and shall be required to enter into an agreement
6 to have a certified manager for the livestock waste handling
7 facility within 30 working days. For failure to comply with
8 the agreement to have a certified manager for the livestock
9 waste handling facility within the 30 day period or for
10 failure to enter into a compliance agreement, the person
11 shall be fined up to $1,000 by the Department and shall be
12 required to enter into an agreement to have a certified
13 manager for the livestock waste handling facility within 30
14 working days. For continued failure to comply, the
15 Department may issue an operational cease and desist order
16 until compliance is attained.
17 (Source: P.A. 89-456, eff. 5-21-96.)
18 (510 ILCS 77/55)
19 Sec. 55. Rules; Livestock Management Facilities Advisory
20 Committee.
21 (a) There is hereby established a Livestock Management
22 Facilities Advisory Committee, which shall include the
23 Directors of the Department of Agriculture, the Environmental
24 Protection Agency, the Department of Natural Resources, and
25 the Department of Public Health, or their designees. The
26 Director of Agriculture or his or her designee shall serve as
27 the Chair of the Advisory Committee. Members of the Advisory
28 Committee may organize themselves as they deem necessary and
29 shall serve without compensation.
30 (b) The Advisory Committee shall review, evaluate, and
31 make recommendations to the Department of Agriculture for
32 rules necessary for the implementation of this Act. Based
33 upon the recommendations of the Advisory Committee, the
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1 Department of Agriculture shall, within 6 months after the
2 effective date of this Act, propose rules to the Pollution
3 Control Board for the implementation of this Act.
4 (c) Within 6 months after the Department of Agriculture
5 proposing rules to the Pollution Control Board, the Board
6 shall hold hearings on and adopt rules for the implementation
7 of this Act in the manner provided for in Sections 27 and 28
8 of the Environmental Protection Act. Rules adopted pursuant
9 to this Section shall take into account all available
10 pollution control technologies, shall be technologically
11 feasible and economically reasonable, and may make
12 distinctions for the type and size of livestock management
13 and livestock management handling facilities and operations.
14 (d) The Advisory Committee shall meet once every 6
15 months after the effective date of this amendatory Act of
16 1997 to review, evaluate, and make recommendations to the
17 Department of Agriculture concerning the Department's random
18 inspection of livestock waste lagoons under Section 16 of
19 this Act.
20 (Source: P.A. 89-456, eff. 5-21-96.)
21 Section 99. Effective date. This Section and Section 2
22 take effect upon becoming law.