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90_HB3784
510 ILCS 77/11 new
510 ILCS 77/12 new
510 ILCS 77/20
Amends the Livestock Management Facilities Act. Provides
that the Department of Agriculture shall hold an
informational meeting concerning the proposed construction of
a new livestock management facility of 1,000 or greater
animal units at the request of the county board of the county
in which the facility is or will be located. Sets
construction standards for livestock waste handling
facilities other than earthen livestock lagoons. Requires
the owner or operator of multiple livestock management
facilities under common facility ownership to prepare and
keep on file a waste management plan. Requires the owner or
operator of a livestock management facility to update the
waste management plan when certain changes occur. Provides
for the use of values from specified tables when calculating
nutrient content of livestock waste. Makes other changes.
Effective immediately.
LRB9009187MWpcB
LRB9009187MWpcB
1 AN ACT to amend the Livestock Management Facilities Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Livestock Management Facilities Act is
5 amended by changing Section 20 and by adding Sections 11 and
6 12 as follows:
7 (510 ILCS 77/11 new)
8 Sec. 11. Livestock management facilities; new
9 construction.
10 (a) Beginning on the effective date of this amendatory
11 Act of 1998, within 7 days after receiving a form giving
12 notice of intent to construct a new livestock management
13 facility of 1,000 or greater animal units, the Department
14 shall send a copy of the notice form to the county board of
15 the county in which the facility is or will be located.
16 After receiving a copy of the notice from the Department,
17 the county board may, at its discretion and within 30 days of
18 receipt of the notice, request that the Department conduct an
19 informational meeting concerning the proposed construction.
20 The Department shall conduct the meeting within 15 days of
21 the county board's request. If the Department conducts a
22 meeting, the Department shall publish notice of the meeting
23 in a newspaper of general circulation in the county or in
24 the State newspaper at least 10 days before the meeting.
25 The owner or operator who submitted the notice of intent to
26 construct to the Department shall appear at the meeting. At
27 the meeting, the Department shall give members of the public
28 an opportunity to ask questions and to present oral or
29 written comments concerning the proposed construction.
30 (b) The date a notice of intent to construct a new
31 livestock management facility or livestock waste handling
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1 facility is filed shall be used as the date for determining
2 the initial setbacks under Section 35 of this Act.
3 (c) For the purposes of this Section and Section 35, the
4 following shall not be considered as construction of a new
5 livestock management facility or new livestock waste
6 handling facility: (i) any construction to replace an
7 existing livestock management facility, livestock waste
8 handling facility, or any portion of an existing livestock
9 management facility or livestock waste handling facility that
10 was destroyed by fire or by natural disaster as long as the
11 reconstruction is completed within 10 years of the fire or
12 disaster and the reconstruction is not a new facility as
13 defined in Section 10.45 of this Act, or (ii) any future
14 construction of a livestock management facility or livestock
15 waste handling facility at an existing livestock management
16 facility or livestock waste handling facility that is not a
17 new facility as defined in Section 10.45 of this Act.
18 (510 ILCS 77/12 new)
19 Sec. 12. Livestock waste handling facilities other than
20 earthen livestock waste lagoons.
21 (a) After the effective date of this amendatory Act of
22 1998, livestock waste handling facilities other than earthen
23 livestock lagoons used for the storage of livestock waste
24 shall be constructed in accordance with this Section.
25 (1) Livestock waste handling facilities constructed
26 of concrete shall meet the strength and load factors set
27 forth in the Midwest Plan Service's Concrete Manure
28 Storage Handbook (MWPS-36). In addition, those
29 structures shall meet the following requirements:
30 (A) Waterstops shall be incorporated into the
31 design of the storage structure when consistent
32 with the requirements of paragraph (1) of this
33 subsection;
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1 (B) Storage structures that handle waste in a
2 liquid form shall be designed to contain a volume
3 of not less than the amount of waste generated
4 during 150 days of facility operation at design
5 capacity; and
6 (C) Storage structures not covered or
7 otherwise protected from precipitation shall, in
8 addition to the waste storage volume requirements of
9 item (B) of paragraph (1) of this subsection,
10 include a 2-foot freeboard.
11 (2) A livestock waste handling facility in a
12 prefabricated form shall meet the strength, load, and
13 compatibility factors for its intended use. Those
14 factors shall be verified by the manufacturer's
15 specifications.
16 (3) Livestock waste handling facilities holding
17 semi-solid livestock waste, including but not limited to
18 picket dam structures, shall be constructed according to
19 the requirements set forth in the Midwest Plan Service's
20 Livestock Waste Facilities Handbook (MWSP-18) or similar
21 standards used by the Natural Resources Conservation
22 Service of the United States Department of Agriculture.
23 (4) Livestock waste handling facilities holding
24 solid livestock waste shall shall be constructed
25 according to the requirements set forth in the Midwest
26 Plan Service's Livestock Waste Facilities Handbook
27 (MWSP-18) or similar standards used by the Natural
28 Resources Conservation Service of the United States
29 Department of Agriculture. In addition, solid livestock
30 waste stacking structures shall be sized to store not
31 less than the amount of waste generated during 6 months
32 of facility operation at design capacity.
33 (5) Holding ponds, used for the temporary storage
34 of livestock feedlot run-off, shall be constructed
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1 according to the requirements set forth in the Midwest
2 Plan Service's Livestock Waste Facilities Handbook
3 (MWSP-18) or similar standards used by the Natural
4 Resources Conservation Service of the United States
5 Department of Agriculture.
6 The provisions of this Section apply to the construction
7 of a new livestock waste handling facility or a new livestock
8 waste management facility begun on or after the effective
9 date of this amendatory Act of 1998.
10 No other requirements may be imposed on the construction
11 or operation of a livestock management facility or waste
12 handling facility other than an earthen livestock waste
13 lagoon except as provided in this Act. The owner or
14 operator of the livestock management facility or livestock
15 waste handling facility may elect to exceed the strength and
16 load requirements.
17 (b) The owner or operator of the livestock management
18 facility or livestock waste handling facility shall send, by
19 certified mail or in person, to the Department a
20 certification of compliance, together with copies of
21 verification documents upon completion of construction. In
22 the case of structures constructed with the design standards
23 used by the Natural Resources Conservation Service of the
24 United States Department of Agriculture, copies of the design
25 standards and a statement of verification signed by a
26 representative of the United States Department of Agriculture
27 shall accompany the owner or operator's certification of
28 compliance. The certification shall state that the structure
29 meets or exceed the requirements in subsection (a) of this
30 Section. A $50 filing fee shall accompany the statement.
31 The owner or operator may begin using the storage structure
32 no earlier than 10 business days after submitting the
33 certification to the Department. The Department shall
34 verify, to the extent that is reasonably possible during the
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1 10 business days, that the structure meets the requirements
2 of this Section.
3 (c) The owner or operator of a livestock waste storage
4 structure, the construction of which is not a new facility,
5 may request that the Department visit the construction site
6 and confirm that the proposed construction will comply with
7 the maximum feasible location requirements of the Agency's
8 Agriculture Related Pollution regulations, 35 Ill. Admin.
9 Code 501.
10 (510 ILCS 77/20)
11 (Text of Section before amendment by P.A. 90-565)
12 Sec. 20. Handling, storing and disposing of livestock
13 waste.
14 (a) The livestock management facility owner or operator
15 shall comply with the requirements for handling, storing, and
16 disposing of livestock wastes as set forth in the rules
17 adopted pursuant to the Illinois Environmental Protection Act
18 concerning agriculture related pollution.
19 (b) The livestock management facility owner or operator
20 at a facility of less than 1,000 animal units shall not be
21 required to prepare and maintain a waste management plan.
22 (c) The livestock management facility owner or operator
23 at a facility of 1,000 or greater animal units but less than
24 7,000 animal units shall prepare and maintain on file at the
25 livestock management facility a general waste management
26 plan. Notwithstanding this requirement, a livestock
27 management facility subject to this subsection may be
28 operated on an interim basis but not to exceed 6 months after
29 the effective date of the rules promulgated pursuant to this
30 Act to allow for the owner or operator of the facility to
31 develop a waste management plan. The waste management plan
32 shall be available for inspection during normal business
33 hours by Department personnel.
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1 (d) The livestock management facility owner or operator
2 at a facility of 7,000 or greater animal units shall prepare,
3 maintain, and submit to the Department the waste management
4 plan for approval. Approval of the waste management plan
5 shall be predicated on compliance with provisions of
6 subsection (f). The waste management plan shall be approved
7 by the Department before operation of the facility or in the
8 case of an existing facility, the waste management plan shall
9 be submitted within 60 working days after the effective date
10 of the rules promulgated pursuant to this Act.
11 The owner or operator of an existing livestock management
12 facility that through growth meets or exceeds 7,000 animal
13 units shall file its waste management plan with the
14 Department within 60 working days after reaching the stated
15 animal units.
16 The owner or operator of a livestock management facility
17 that is subject to this subsection (d) shall file within 60
18 working days with the Department a revised waste management
19 plan when there is a significant change as stated in
20 subsection (e) in items (1), (2), or (10) of subsection (f)
21 that will materially affect compliance with the waste
22 management plan.
23 (d-5) Waste management plan requirement for multiple
24 livestock management facilities under common ownership. The
25 owner or operator of multiple livestock management facilities
26 under common facility ownership where the cumulative animal
27 units of the facilities are equal to or greater than the
28 animal unit numbers of subsection (c) of this Section shall
29 prepare and keep on file at each facility a waste management
30 plan in accordance with the requirements of subsection (c).
31 The owner or operator of multiple livestock management
32 facilities that are under common facility ownership where the
33 cumulative animal units of the facilities are equal to or
34 greater than the animal unit numbers in subsection (d) of
-7- LRB9009187MWpcB
1 this Section shall prepare and file with the Department a
2 waste management plan in accordance with the provisions of
3 subsection (d). Cumulative animal units shall be determined
4 by combining the animal units of multiple livestock
5 management facilities under common facility ownership based
6 upon the design capacity of each facility.
7 For the purposes of this subsection (d-5), "under common
8 facility ownership" means the same person or persons own at
9 least 51% of the entity that owns the buildings housing the
10 livestock and that the facilities are located in the State of
11 Illinois.
12 (e) Revising a waste management plan and waste disposal
13 records. The owner or operator of a livestock management
14 facility shall update the waste management plan when there is
15 change in the values shown in the plan in item (1) of
16 subsection (f) of this Section. The waste management plan
17 shall also be revised when there is a change in the method of
18 disposal of animal waste or when the available nitrogen
19 value exceeds the variability range for nitrogen set forth
20 in subsection (f) of this Section. The waste management plan
21 and records of livestock waste disposal shall be kept on file
22 for 3 three years.
23 (f) The application of livestock waste to the land is an
24 acceptable, recommended, and established practice in
25 Illinois. However, when livestock waste is not applied in a
26 responsible manner, it may create pollutional problems. It
27 should be recognized that, in most cases, if the agronomic
28 nitrogen rate is met, the phosphorus applied will exceed the
29 crop requirements, but not all of the phosphorus may be
30 available for use by the crop. It will be considered
31 acceptable, therefore, to prepare and implement a waste
32 management plan based on the nitrogen rate. The waste
33 management plan shall include the following:
34 (1) An estimate of the volume of livestock waste to
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1 be disposed of annually obtained by multiplying the
2 design capacity of the facility times the appropriate
3 amount of waste generated by the animals. The values
4 showing the amount of waste generated in Table 2-1,
5 Midwest Plan Services, MWPS-18, Livestock Waste
6 Facilities Handbook may be used.
7 (2) The number of acres available for disposal of
8 the waste.
9 (3) An estimate of the nutrient value of the waste.
10 The owner or operator may prepare and maintain a plan
11 based on table values derived from Midwest Plan Services,
12 MWPS-18, Livestock Waste Facilities Handbook, the
13 Agency's Agriculture Related Pollution regulations, or
14 the results of analysis performed on samples of waste.
15 For the purposes of compliance with this subsection, the
16 nutrient values of livestock waste may vary as indicated
17 in the source table. In the case of laboratory
18 analytical results, the nutrient values may vary with the
19 accuracy of the analytical method.
20 (4) An indication that the livestock waste will be
21 applied at rates not to exceed the agronomic nitrogen
22 demand of the crops to be grown when averaged over a
23 5-year period.
24 (5) A provision that livestock waste applied within
25 1/4 mile of any residence not part of the facility shall
26 be injected or incorporated on the day of application.
27 However, livestock management facilities and livestock
28 waste handling facilities that have irrigation systems in
29 operation prior to the effective date of this Act or
30 existing facilities applying waste on frozen ground are
31 not subject to the provisions of this item (5).
32 (6) A provision that livestock waste may not be
33 applied within 200 feet of surface water unless the water
34 is upgrade or there is adequate diking, and waste will
-9- LRB9009187MWpcB
1 not be applied within 150 feet of potable water supply
2 wells.
3 (7) A provision that livestock waste may not be
4 applied in a 10-year flood plain unless the injection or
5 incorporation method of application is used.
6 (8) A provision that livestock waste may not be
7 applied in waterways.
8 (9) A provision that if waste is spread on frozen
9 or snow-covered land, the application will be limited to
10 land areas on which:
11 (A) land slopes are 5% or less, or
12 (B) adequate erosion control practices exist.
13 (10) Methods for disposal of animal waste.
14 (g) Any person who is required to prepare and maintain a
15 waste management plan and who fails to do so shall be issued
16 a warning letter by the Department for the first violation
17 and shall be given 30 working days to prepare a waste
18 management plan. For failure to prepare and maintain a waste
19 management plan, the person shall be fined an administrative
20 penalty of up to $500 by the Department and shall be required
21 to enter into an agreement of compliance to prepare and
22 maintain a waste management plan within 30 working days. For
23 failure to prepare and maintain a waste management plan after
24 the second 30 day period or for failure to enter into a
25 compliance agreement, the Department may issue an operational
26 cease and desist order until compliance is attained.
27 (Source: P.A. 89-456, eff. 5-21-96.)
28 (Text of Section after amendment by P.A. 90-565)
29 Sec. 20. Handling, storing and disposing of livestock
30 waste.
31 (a) The livestock management facility owner or operator
32 shall comply with the requirements for handling, storing, and
33 disposing of livestock wastes as set forth in the rules
34 adopted pursuant to the Illinois Environmental Protection Act
-10- LRB9009187MWpcB
1 concerning agriculture related pollution.
2 (b) The livestock management facility owner or operator
3 at a facility of less than 1,000 animal units shall not be
4 required to prepare and maintain a waste management plan.
5 (c) The livestock management facility owner or operator
6 at a facility of 1,000 or greater animal units but less than
7 7,000 animal units shall prepare and maintain on file at the
8 livestock management facility a general waste management
9 plan. Notwithstanding this requirement, a livestock
10 management facility subject to this subsection may be
11 operated on an interim basis but not to exceed 6 months after
12 the effective date of the rules promulgated pursuant to this
13 Act to allow for the owner or operator of the facility to
14 develop a waste management plan. The waste management plan
15 shall be available for inspection during normal business
16 hours by Department personnel.
17 (d) The livestock management facility owner or operator
18 at a facility of 7,000 or greater animal units shall prepare,
19 maintain, and submit to the Department the waste management
20 plan for approval. Approval of the waste management plan
21 shall be predicated on compliance with provisions of
22 subsection (f). The waste management plan shall be approved
23 by the Department before operation of the facility or in the
24 case of an existing facility, the waste management plan shall
25 be submitted within 60 working days after the effective date
26 of the rules promulgated pursuant to this Act.
27 The owner or operator of an existing livestock management
28 facility that through growth meets or exceeds 7,000 animal
29 units shall file its waste management plan with the
30 Department within 60 working days after reaching the stated
31 animal units.
32 The owner or operator of a livestock management facility
33 that is subject to this subsection (d) shall file within 60
34 working days with the Department a revised waste management
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1 plan when there is a significant change stated in subsection
2 (e) of this Section in items (1), (2), or (10) of subsection
3 (f) that will materially affect compliance with the waste
4 management plan.
5 (d-5) Waste management plan requirement for multiple
6 livestock management facilities under common ownership. The
7 owner or operator of multiple livestock management facilities
8 that are under common facility ownership where the cumulative
9 animal units of the facilities are equal to or greater than
10 the animal unit numbers of subsection (c) of this Section
11 shall prepare and keep on file at each facility a waste
12 management plan in accordance with the requirements of
13 subsection (c). The owner or operator of multiple livestock
14 management facilities that are under common facility
15 ownership where the cumulative animal units of the
16 facilities are equal to or greater than the animal unit
17 numbers in subsection (d) of this Section shall prepare and
18 file with the Department a waste management plan in
19 accordance with the provisions of subsection (d). Cumulative
20 animal units shall be determined by combining the animal
21 unites of multiple livestock management facilities under
22 common facility ownership based upon the design capacity of
23 each facility.
24 For the purposes of this subsection (d-5), "under common
25 facility ownership" means that the same person or persons own
26 at least 51% of the entity that owns the buildings housing
27 the livestock and that the facilities are located in the
28 State of Illinois.
29 (e) Revising a waste management plan and waste disposal
30 records. The owner or operator of a livestock management
31 facility shall update the waste management plan when there is
32 a change in the values shown in the plan in item (1) of
33 subsection (f) of this Section. The waste management plan
34 shall also be revised when there is a change in the method of
-12- LRB9009187MWpcB
1 disposal of animal waste or when the available nitrogen
2 value exceeds the variability range for nitrogen set forth
3 in subsection (f) of this Section. The waste management plan
4 and records of livestock waste disposal shall be kept on file
5 for 3 three years.
6 (f) The application of livestock waste to the land is an
7 acceptable, recommended, and established practice in
8 Illinois. However, when livestock waste is not applied in a
9 responsible manner, it may create pollutional problems. It
10 should be recognized that, in most cases, if the agronomic
11 nitrogen rate is met, the phosphorus applied will exceed the
12 crop requirements, but not all of the phosphorus may be
13 available for use by the crop. It will be considered
14 acceptable, therefore, to prepare and implement a waste
15 management plan based on the nitrogen rate. The waste
16 management plan shall include the following:
17 (1) An estimate of the volume of livestock waste to
18 be disposed of annually obtained by multiplying the
19 design capacity times the appropriate amount of waste
20 generated by the animals. The values showing the amount
21 of waste generated in Table 2-1, Midwest Plan Services,
22 MWPS-18, Livestock Waste Facilities Handbook may be
23 used.
24 (2) The number of acres available for disposal of
25 the waste.
26 (3) An estimate of the nutrient value of the waste.
27 The owner or operator may prepare and maintain a plan
28 based on table values derived from Midwest Plan Services,
29 MWPS-18, Livestock Waste Facilities Handbook, the
30 Agency's Agriculture Related Pollution regulations, or
31 the results of analysis performed on samples of waste.
32 For the purposes of compliance with this subsection, the
33 nutrient values of livestock waste may vary as indicated
34 in the source table. In the case of laboratory
-13- LRB9009187MWpcB
1 analytical results, the nutrient values may vary with the
2 accuracy of the analytical method.
3 (4) An indication that the livestock waste will be
4 applied at rates not to exceed the agronomic nitrogen
5 demand of the crops to be grown when averaged over a
6 5-year period.
7 (5) A provision that livestock waste applied within
8 1/4 mile of any residence not part of the facility shall
9 be injected or incorporated on the day of application.
10 However, livestock management facilities and livestock
11 waste handling facilities that have irrigation systems in
12 operation prior to the effective date of this Act or
13 existing facilities applying waste on frozen ground are
14 not subject to the provisions of this item (5).
15 (6) A provision that livestock waste may not be
16 applied within 200 feet of surface water unless the water
17 is upgrade or there is adequate diking, and waste will
18 not be applied within 150 feet of potable water supply
19 wells.
20 (7) A provision that livestock waste may not be
21 applied in a 10-year flood plain unless the injection or
22 incorporation method of application is used.
23 (8) A provision that livestock waste may not be
24 applied in waterways.
25 (9) A provision that if waste is spread on frozen
26 or snow-covered land, the application will be limited to
27 land areas on which:
28 (A) land slopes are 5% or less, or
29 (B) adequate erosion control practices exist.
30 (10) Methods for disposal of animal waste.
31 (g) Any person who is required to prepare and maintain a
32 waste management plan and who fails to do so shall be issued
33 a warning letter by the Department for the first violation
34 and shall be given 30 working days to prepare a waste
-14- LRB9009187MWpcB
1 management plan. For failure to prepare and maintain a waste
2 management plan, the person shall be fined an administrative
3 penalty of up to $1,000 by the Department and shall be
4 required to enter into an agreement of compliance to prepare
5 and maintain a waste management plan within 30 working days.
6 For failure to prepare and maintain a waste management plan
7 after the second 30 day period or for failure to enter into a
8 compliance agreement, the Department may issue an operational
9 cease and desist order until compliance is attained.
10 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
11 Section 95. No acceleration or delay. Where this Act
12 makes changes in a statute that is represented in this Act by
13 text that is not yet or no longer in effect (for example, a
14 Section represented by multiple versions), the use of that
15 text does not accelerate or delay the taking effect of (i)
16 the changes made by this Act or (ii) provisions derived from
17 any other Public Act.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.