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90_HB2356
225 ILCS 610/17 from Ch. 8, par. 165
510 ILCS 77/15
510 ILCS 77/18 new
510 ILCS 77/65 new
Amends the Illinois Dead Animal Disposal Act and the
Livestock Management Facilities Act. Amends the Illinois
Dead Animal Disposal Act to require setbacks for sites where
the bodies of dead animals or poultry are to be composted.
Amends the Livestock Management Facilities Act to require the
Environmental Protection Agency to annually inspect certain
livestock waste lagoons and to inspect a waste management
plan. Requires an owner or operator of a lagoon to report
certain releases. Provides that an engineer may require
changes in design or additional requirements to a primary
lagoon berm. Provides that a newly constructed lagoon may not
be operated for one year or later if rules for the
implementation of the Act have not been adopted yet.
Requires a slurry storage structure to have a bio-mass or
other material on top of the structure. Provides that for a
second or subsequent violation of the Act, a lagoon,
livestock management facility, or livestock waste handling
facility may not be expanded until the owner or operator
complies or until one year after the violation. Effective
immediately.
LRB9007336NTsb
LRB9007336NTsb
1 AN ACT concerning animals, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Dead Animal Disposal Act is
5 amended by changing Section 17 as follows:
6 (225 ILCS 610/17) (from Ch. 8, par. 165)
7 Sec. 17. (a) No person caring for, acting as an agent
8 for the owner of or owning any animal, poultry or fish which
9 has died shall allow the body or parts of the body to lie
10 about the premises. Such body or parts of the body shall be
11 disposed of within 24 hours after death as prescribed by
12 regulations of the Department. The Department may prohibit
13 the hauling or transportation of the body of any animal,
14 poultry or fish which has died of a highly contagious,
15 infectious or communicable disease and may specify the method
16 of disposal.
17 (b) The owner, operator, caretaker or animal collection
18 service may dispose of bodies of dead animals, poultry or
19 fish by composting on the site where the death of the animals
20 occurred, or by transporting the bodies to a licensed
21 landfill for disposal. Parts of bodies may be transported to
22 the licensed landfill only in the case of on-site slaughter
23 or on-site necropsy performed to determine the cause of death
24 of the animal. Transporting the bodies or those parts of
25 bodies shall be by conveyance that is owned or operated by
26 the owner, operator, caretaker or animal collection service.
27 (c) When the destruction or disposal of a body or parts
28 of a body of an animal, poultry or fish, is by burying,
29 burning or composting, it shall be done in a manner as
30 required by regulations of the Department and in compliance
31 with the requirements of the Environmental Protection Act.
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1 (d) Any site where the bodies of dead animals or poultry
2 are to be composted shall comply with the following setbacks:
3 (1) The composting site of the facility shall
4 include a setback of at least 200 feet from the nearest
5 potable water supply well except in accordance with
6 Section 14.2(b) of the Environmental Protection Act.
7 (2) The composting site of the facility shall be
8 located outside the boundary of the 10-year floodplain or
9 the site shall be floodproofed.
10 (3) The composting site of the facility shall be
11 located so as to minimize incompatibility with the
12 character of the surrounding area, including at least a
13 200 foot setback from any occupied residence, and in the
14 case of a facility that is developed or expanded after
15 the effective date of this amendatory Act of 1997, the
16 composting site shall be located at least 1/8 mile from
17 the nearest occupied residence (other than a residence
18 located on the same property as the facility).
19 (Source: P.A. 88-133.)
20 Section 10. The Livestock Management Facilities Act is
21 amended by changing Section 15 and adding Sections 18 and 65
22 as follows:
23 (510 ILCS 77/15)
24 Sec. 15. Livestock waste lagoon.
25 (a) Standards for livestock waste lagoon construction.
26 Any earthen livestock waste lagoon subject to registration
27 shall be constructed or modified in accordance with "Design
28 of Anaerobic Lagoons for Animal Waste Management" promulgated
29 by the American Society of Agricultural Engineers and
30 designated (ASAE EP403.1) or the national guidelines as
31 published by the United States Department of Agriculture
32 Natural Resource Conservation Service in Illinois and titled
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1 Waste Treatment Lagoon. The owner or operator of the earthen
2 livestock lagoon may, with approval from the Department,
3 modify or exceed these standards in order to meet site
4 specific objectives. The Department shall determine
5 compliance with these requirements. The Department may
6 require changes in design or additional requirements to
7 protect groundwater, such as extra liner depth or synthetic
8 liners, when it appears groundwater could be impacted.
9 (b) Registration and certification. Any earthen
10 livestock waste lagoon newly constructed or modified (does
11 not include repairs) after the effective date of rules
12 adopted for the implementation of this Act shall be
13 registered by the owner or operator with the Department on a
14 form provided by the Department. Lagoons constructed prior
15 to the effective date of rules adopted for the implementation
16 of this Act may register with the Department at no charge.
17 The owner or operator shall register such lagoon with the
18 Department during the preconstruction phase. Construction
19 shall not begin until 30 days after submittal of a
20 registration form by certified mail to the Department.
21 Livestock waste lagoon registration forms shall be made
22 available to producers at offices of the Department of
23 Agriculture, Cooperative Extension Service, and Soil and
24 Water Conservation Districts.
25 Registration information shall include the following:
26 (1) Name(s) and address(es) of the owner and
27 operator who are responsible for the livestock waste
28 lagoon.
29 (2) General location of lagoon.
30 (3) Design construction plans and specifications.
31 (4) Specific location information:
32 (A) Distance to a private or public potable
33 well;
34 (B) Distance to closest occupied private
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1 residence (other than any occupied by owner or
2 operator);
3 (C) Distance to nearest stream; and
4 (D) Distance to nearest populated area.
5 (5) Anticipated beginning and ending dates of
6 construction.
7 (6) Type of livestock and number of animal units.
8 The Department of Agriculture upon receipt of a livestock
9 waste lagoon registration form shall review the form to
10 determine that all required information has been provided.
11 The person filing the registration shall be notified within
12 15 working days that the registration is complete or that
13 clarification of information is needed. No later than 10
14 working days after receipt of the clarification information,
15 the Department shall notify the owner or operator that the
16 registration is complete.
17 The Department shall inspect an earthen livestock waste
18 lagoon during at least one of the following phases:
19 preconstruction, construction, and post-construction. The
20 Department shall require modifications when necessary to
21 bring construction in compliance with the standards as set
22 forth in subsection (a) of Section 15. The person making the
23 inspection shall discuss with the owner or operator an
24 evaluation of the livestock waste lagoon construction and
25 provide on-site written recommendations to the owner or
26 operator of what modifications are necessary or that the
27 lagoon meets the standards set forth in subsection (a) of
28 Section 15.
29 The person making any inspection shall comply with
30 reasonable animal health protection procedures as requested
31 by the owner or operator.
32 Upon completion of the construction or modification, but
33 prior to placing the lagoon in service, the owner or operator
34 of the livestock waste lagoon shall certify on a form
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1 provided by the Department that the lagoon has been
2 constructed or modified in accordance with the standards set
3 forth in subsection (a) of Section 15 and that the
4 information provided on the registration form is correct.
5 (1) The certification notice to the Department
6 shall include a certification statement and signature.
7 (2) The certification shall state: "I hereby
8 certify that the information provided on this form is
9 correct and that the lagoon has been constructed in
10 accordance with the standards as required by the
11 Livestock Management Facilities Act."
12 The owner or operator of the lagoon may proceed to place
13 the lagoon in service no earlier than 10 working days after
14 submitting to the Department a certification of compliance
15 statement.
16 (c) Complaint procedure. Any person having a complaint
17 concerning an earthen livestock waste lagoon may file a
18 complaint with the Agency. If the Agency finds that
19 groundwater has been negatively impacted because of
20 structural problems with the earthen lagoon, the Agency shall
21 notify the Department that modification of the lagoon is
22 necessary. The livestock owner or operator or the Department
23 may request guidance from the United States Department of
24 Agriculture Natural Resource Conservation Service or the
25 University of Illinois Cooperative Extension Service.
26 The person making any inspection shall comply with animal
27 health protection procedures as requested by the owner or
28 operator.
29 Any earthen livestock waste lagoon in service prior to
30 the effective date of the rules for implementation of this
31 Act is not subject to registration but is only subject to the
32 complaint procedure. However, any such livestock waste
33 lagoon found impacting groundwater shall be required to be
34 repaired, modified, or have procedures instituted so
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1 groundwater is not negatively impacted.
2 If an investigation reveals groundwater has been
3 negatively impacted, the Department and Agency shall
4 cooperate with the owner or operator of the affected
5 livestock waste lagoon to provide a reasonable solution to
6 protect the groundwater.
7 Nothing in this Section shall limit the Agency's
8 authority under the Environmental Protection Act to
9 investigate and respond to violations of the Environmental
10 Protection Act or rules adopted under that Act.
11 (d) Livestock waste lagoon registration fee. The
12 livestock waste lagoon registration fee is $50.
13 (d-1) Annual inspection. The Agency shall annually
14 inspect a registered lagoon if the lagoon serves 1000 or more
15 animal units. Additionally, the Agency shall inspect the
16 waste management plan.
17 (d-2) Releases. An owner or operator of a lagoon shall
18 report any release of livestock waste from a lagoon that
19 enters or is reasonably expected to enter the waters of the
20 State. The Agency may authorize emergency releases.
21 Due to site specific objectives or conditions, an
22 engineer may require changes in design or additional
23 requirements, including, but not limited to, a total or
24 partial secondary berm, filter strip, grass waterway or
25 terrace, or any combination thereof, provided it will not
26 undermine the structural integrity of the primary lagoon berm
27 in order to protect the waters of the State.
28 (e) Closure of livestock waste lagoons. When any earthen
29 livestock waste lagoon is removed from service, it shall be
30 completely emptied. Appropriate closure procedures shall be
31 followed as determined by rule. The remaining hole must be
32 filled. The closure requirements shall be completed within
33 two years from the date of cessation of operation unless the
34 lagoon is maintained or serviced. The Department may grant a
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1 waiver to the before-stated closure requirements that will
2 permit the lagoon to be used for an alternative purpose.
3 Upon a change in ownership of a registered earthen
4 livestock waste lagoon, the owner shall notify the Department
5 of the change within 30 working days of the closing of the
6 transaction.
7 (f) Administrative authority. All actions of the
8 Department of Agriculture are subject to the Illinois
9 Administrative Procedure Act.
10 Any earthen livestock waste lagoon subject to
11 registration shall not begin operation until the owner or
12 operator of the lagoon has met the requirements of this Act.
13 The owner or operator of any earthen livestock waste
14 lagoon subject to registration that has not been registered
15 or constructed in accordance with standards set forth in
16 subsection (a) of Section 15 shall, upon being identified as
17 such by the Department, be given written notice by the
18 Department to register and certify the lagoon within 10
19 working days of receipt of the notice. The Department may
20 inspect such lagoon and require compliance in accordance with
21 subsections (a) and (b) of this Section. If the owner or
22 operator of the livestock waste lagoon that is subject to
23 registration fails to comply with the notice, the Department
24 may issue a cease and desist order until such time as
25 compliance is obtained with the requirements of this Act.
26 Failure to construct the lagoon in accordance with the
27 construction plan and Department recommendations is a
28 business offense punishable by a fine of not more than
29 $5,000.
30 (g) Moratorium on operation. A lagoon newly constructed
31 after the effective date of this amendatory Act of 1997 may
32 not be operated until one year after the effective date of
33 this amendatory Act of 1997 or until after the effective date
34 of rules adopted for the implementation of this Act if that
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1 date is later than one year after the effective date of this
2 amendatory Act of 1997.
3 (Source: P.A. 89-456, eff. 5-21-96.)
4 (510 ILCS 77/18 new)
5 Sec. 18. Slurry storage structures. A slurry storage
6 structure shall have a bio-mass or other material proven to
7 be successful by the Agency on top of the structure to seal
8 the top in order to reduce odor.
9 (510 ILCS 77/65 new)
10 Sec. 65. Repeat violations; moratorium on expansion.
11 For a second or subsequent violation of this Act, a lagoon,
12 livestock management facility, or a livestock waste handling
13 facility may not be expanded until the owner or operator
14 complies with the requirements of this Act or until one year
15 after the violation occurred.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.