State of Illinois
90th General Assembly
Legislation

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90_SB1571

      SEE INDEX
               Amends the Counties Code.   Authorizes  counties  to
      exercise  zoning    powers with respect to animal and poultry
      husbandry operations serving or  designed to serve  1,000  or
      greater  animal units as defined in the Livestock  Management
      Facilities Act.  Requires that a county's exercise  of  those
      powers  be  at  least  as  restrictive  as  provided  in  the
      Livestock Management  Facilities Act or in rules implementing
      that  Act.   Provides  for  a  public  hearing.    Amends the
      Livestock Management  Facilities  Act.    Provides  that  the
      provisions  concerning livestock waste lagoons shall apply to
      all  livestock  waste  handling  facilities.   Makes  various
      changes in relation to: construction of facilities, reporting
      water  releases,  inspection  of  facilities,  setbacks,  and
      penalties.  Prohibits construction  of  livestock  management
      facilities or livestock waste handling facilities of 1,000 or
      greater  animal  units  in  (i) the the 100-year flood plain,
      (ii) any area with karst topography, and (iii) any area where
      the seasonal high water table is 5 feet  or  less  below  the
      bottom of the facility.  Provides that owners or operators of
      facilities  who  are not residents of Illinois and who do not
      own the land on  which  the  facility  is  located  shall  be
      jointly  and  severally  liable  for damages resulting from a
      spill at the facility.  Effective June 1, 1998.
                                                     LRB9011606MWpc
                                               LRB9011606MWpc
 1        AN ACT in relation to animals.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Counties  Code  is amended by changing
 5    Section 5-12001 as follows:
 6        (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
 7        Sec.  5-12001.  Authority  to   regulate   and   restrict
 8    location and use of structures.
 9        For  the  purpose of promoting the public health, safety,
10    morals, comfort and general welfare, conserving the values of
11    property  throughout  the  county,  lessening   or   avoiding
12    congestion  in the public streets and highways, and lessening
13    or avoiding the hazards to persons  and  damage  to  property
14    resulting  from  the accumulation or runoff of storm or flood
15    waters, the county board or board of county commissioners, as
16    the case may be, of each county,  shall  have  the  power  to
17    regulate  and  restrict  the  location  and use of buildings,
18    structures and land for trade, industry, residence and  other
19    uses  which  may  be specified by such board, to regulate and
20    restrict the intensity of such uses, to establish building or
21    setback lines on or  along  any  street,  trafficway,  drive,
22    parkway  or  storm  or  floodwater  runoff  channel  or basin
23    outside the limits of cities, villages and incorporated towns
24    which have in effect municipal zoning ordinances;  to  divide
25    the entire county outside the limits of such cities, villages
26    and  incorporated towns into districts of such number, shape,
27    area and of such different classes, according to the  use  of
28    land  and  buildings,  the  intensity  of such use (including
29    height of  buildings  and  structures  and  surrounding  open
30    space)  and other classification as may be deemed best suited
31    to carry out the purposes of this Division; to prohibit uses,
                            -2-                LRB9011606MWpc
 1    buildings or structures incompatible with  the  character  of
 2    such  districts respectively; and to prevent additions to and
 3    alteration or remodeling of existing buildings or  structures
 4    in  such  a  way as to avoid the restrictions and limitations
 5    lawfully  imposed  hereunder:  Provided,  that  permits  with
 6    respect to the  erection,  maintenance,  repair,  alteration,
 7    remodeling or extension of buildings or structures used or to
 8    be used for agricultural purposes shall be issued free of any
 9    charge.   The  corporate  authorities  of  the  county may by
10    ordinance  require  the  construction  of  fences  around  or
11    protective  covers  over  previously  constructed  artificial
12    basins of water dug in the ground and used  for  swimming  or
13    wading, which are located on private residential property and
14    intended  for  the  use  of  the  owner  and  guests.  In all
15    ordinances or resolutions passed under the authority of  this
16    Division,   due   allowance   shall   be  made  for  existing
17    conditions,  the  conservation  of   property   values,   the
18    directions  of  building development to the best advantage of
19    the entire county, and the uses to which property is  devoted
20    at  the  time  of  the  enactment  of  any  such ordinance or
21    resolution.
22        The powers by this Division given shall not be  exercised
23    so  as  to  deprive the owner of any existing property of its
24    use or maintenance for  the  purpose  to  which  it  is  then
25    lawfully devoted; nor shall they be exercised so as to impose
26    regulations  or require permits with respect to land used for
27    agricultural purposes, which includes  the  growing  of  farm
28    crops,  truck  garden  crops,  animal  and poultry husbandry,
29    apiculture,     aquaculture,     dairying,      floriculture,
30    horticulture,  nurseries,  tree  farms, sod farms, pasturage,
31    viticulture,   and   wholesale    greenhouses    when    such
32    agricultural  purposes  constitute  the principal activity on
33    the land, other than parcels of land consisting of less  than
34    5  acres  from  which $1,000 or less of agricultural products
                            -3-                LRB9011606MWpc
 1    were sold in any calendar year in counties with a  population
 2    between  300,000  and  400,000 or in counties contiguous to a
 3    county with a population between  300,000  and  400,000,  and
 4    other than parcels of land consisting of less than 5 acres in
 5    counties  with  a  population  in  excess of 400,000, or with
 6    respect to the  erection,  maintenance,  repair,  alteration,
 7    remodeling or extension of buildings or structures used or to
 8    be  used for agricultural purposes upon such land except that
 9    such buildings or structures for agricultural purposes may be
10    required to  conform  to  building  or  set  back  lines  and
11    counties  may  establish a minimum lot size for residences on
12    land used for  agricultural  purposes;  nor  shall  any  such
13    powers  be  so  exercised as to prohibit the temporary use of
14    land for  the  installation,  maintenance  and  operation  of
15    facilities  used  by  contractors  in  the ordinary course of
16    construction activities, except that such facilities  may  be
17    required  to  be  located  not  less than 1,000 feet from any
18    building used for residential purposes, and except  that  the
19    period of such temporary use shall not exceed the duration of
20    the  construction contract; nor shall any such powers include
21    the right to specify or regulate the type or location of  any
22    poles,  towers,  wires, cables, conduits, vaults, laterals or
23    any other similar distributing equipment of a public  utility
24    as defined in the Public utilities Act, if the public utility
25    is  subject  to the Messages Tax Act, the Gas Revenue Tax Act
26    or the Public Utilities Revenue Act, or if such facilities or
27    equipment are located on any rights of way and are  used  for
28    railroad  purposes, nor shall any such powers be exercised in
29    any respect as to  the  facilities,  as  defined  in  Section
30    5-12001.1,  of  a telecommunications carrier, as also defined
31    therein, except to the extent and in the manner set forth  in
32    Section  5-12001.1.   As  used  in  this  Act,  "agricultural
33    purposes"  do  not  include the extraction of sand, gravel or
34    limestone, and such activities may  be  regulated  by  county
                            -4-                LRB9011606MWpc
 1    zoning  ordinance even when such activities are related to an
 2    agricultural purpose.
 3        Notwithstanding any other provision of this Section,  the
 4    county board  or board of county commissioners of each county
 5    may  exercise  the  powers  granted in the first paragraph of
 6    this Section with respect to animal and    poultry  husbandry
 7    operations  serving  or  designed  to  serve 1,000 or greater
 8    animal  units  as  defined  in   the   Livestock   Management
 9    Facilities   Act.   A    county  board  or  board  of  county
10    commissioners must, however,  exercise    those  powers  with
11    respect   to  those  operations  in  a  manner  at  least  as
12    restrictive  as  provided   in   the   Livestock   Management
13    Facilities  Act  or  in  rules implementing that Act.  At its
14    discretion a county board or board of   county  commissioners
15    may  conduct  one  or  more  public  hearings concerning  the
16    exercise of its powers under this  paragraph.   If  a  county
17    board  or  board    of  county  commissioners conducts such a
18    meeting, the board shall cause  notice of the meeting  to  be
19    published  in  a  newspaper  of  general  circulation  in the
20    county or in the State newspaper.  At the meeting  the  board
21    shall    afford  members  of the public an opportunity to ask
22    questions and present  oral or written  testimony  concerning
23    the county's exercise of powers under this paragraph.
24        Nothing  in  this Division shall be construed to restrict
25    the  powers  granted  by  statute  to  cities,  villages  and
26    incorporated towns as to territory contiguous to but  outside
27    of  the  limits  of  such  cities,  villages and incorporated
28    towns. Any zoning ordinance enacted by  a  city,  village  or
29    incorporated  town shall supersede, with respect to territory
30    within the corporate limits of the municipality,  any  county
31    zoning  plan  otherwise  applicable.  The  powers  granted to
32    counties by this Division shall be treated as in addition  to
33    powers conferred by statute to control or approve maps, plats
34    or  subdivisions.   In this Division, "agricultural purposes"
                            -5-                LRB9011606MWpc
 1    include,  without  limitation,   the   growing,   developing,
 2    processing,  conditioning,  or  selling  of hybrid seed corn,
 3    seed beans, seed oats, or other farm seeds.
 4    (Source: P.A. 89-654,  eff.  8-14-96;  90-261,  eff.  1-1-98;
 5    90-522, eff. 1-1-98; revised 11-4-97.)
 6        Section  10.  The  Livestock Management Facilities Act is
 7    amended by changing Sections 15, 16, 17, 20, 25, 30,  and  35
 8    and by adding Sections 10.65, 36, and 51 as follows:
 9        (510 ILCS 77/10.65 new)
10        Sec. 10.65. Waters of this State.  "Waters of this State"
11    means  "waters"  as  defined  in the Environmental Protection
12    Act, except that the term  does  not  include  any  water  or
13    accumulation   of   water   attributable  exclusively  to  or
14    resulting solely from the construction of a secondary berm in
15    connection  with  the  construction  of  a  livestock   waste
16    handling facility.
17        (510 ILCS 77/15)
18        (This  Section  may contain text from a Public Act with a
19    delayed effective date)
20        Sec. 15. Livestock waste handling facility lagoon.
21        (a)  Standards  for  livestock  waste  handling  facility
22    lagoon construction. Any  earthen  livestock  waste  handling
23    facility  lagoon subject to registration shall be constructed
24    or modified in accordance with "Design of  Anaerobic  Lagoons
25    for  Animal  Waste  Management"  promulgated  by the American
26    Society of Agricultural Engineers or the national  guidelines
27    as  published  by the United States Department of Agriculture
28    Natural Resource Conservation Service in Illinois and  titled
29    Waste Treatment Lagoon.  The owner or operator of the earthen
30    livestock  waste  handling facility lagoon may, with approval
31    from the Department, modify or  exceed  these   standards  in
                            -6-                LRB9011606MWpc
 1    order to meet site specific objectives.   Notwithstanding any
 2    other   requirement   of   this   subsection,  every  earthen
 3    livestock waste handling facility lagoon  shall  include  the
 4    construction   of  a  secondary  berm,  filter  strip,  grass
 5    waterway, or terrace, or any combination  of  those,  outside
 6    the  perimeter  of  the  primary berm if an engineer licensed
 7    under the Professional Engineering Practice Act of  1989  and
 8    retained  by  the registrant determines, with the concurrence
 9    of the Department, that construction of such a secondary berm
10    or other feature or features is necessary in order to  ensure
11    against a release of livestock waste from the facility lagoon
12    (i)  that  encroaches  or  is reasonably expected to encroach
13    upon land other  than the  land  occupied  by  the  livestock
14    waste  handling  facility  of  which the  lagoon is a part or
15    (ii) that enters or is   reasonably  expected  to  enter  the
16    waters   of   this  State.  The  Department  shall  determine
17    compliance  with  these  requirements.   The  Department  may
18    require changes  in  design  or  additional  requirements  to
19    protect  groundwater,  such as extra liner depth or synthetic
20    liners, when it appears groundwater could be impacted.
21        (b)  Registration   and   certification.   Any    earthen
22    livestock  waste  lagoon  or  other  livestock waste handling
23    facility newly constructed, or  modified, or  expanded  (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.   Owners  or  operators  of
28    lagoons   or   other   livestock  waste  handling  facilities
29    constructed prior to May 20, 1997 the effective date of rules
30    adopted for the implementation of this Act may register  them
31    with the Department at no charge.
32        In  order to give the Department notice of the owner's or
33    operator's  intent  to  construct  or  modify  a  an  earthen
34    livestock  waste  handling  facility  lagoon,  the  owner  or
                            -7-                LRB9011606MWpc
 1    operator shall register the facility  such  lagoon  with  the
 2    Department   before   beginning   construction   during   the
 3    preconstruction  phase.   The Department shall provide a copy
 4    of the registration form to the  Agency.  Construction  shall
 5    not  begin  until  30  days after submittal of a registration
 6    form  by  certified  mail  to  the  Department.     When   an
 7    informational   meeting   is   requested   by   the   county,
 8    construction  shall  not  begin until after the informational
 9    meeting has been held.
10        Livestock waste  handling  facility  lagoon  registration
11    forms  shall be made available to producers at offices of the
12    Department of Agriculture, Cooperative Extension Service, and
13    Soil and Water Conservation Districts.
14        Registration information shall include the following:
15             (1)  Name(s)  and  address(es)  of  the  owner   and
16        operator  who  are  responsible  for  the livestock waste
17        handling facility lagoon.
18             (2)  General location of the facility lagoon.
19             (3)  Design construction plans and specifications.
20             (4)  Specific location information:
21                  (A)  Distance to a private  or  public  potable
22             well;
23                  (B)  Distance   to   closest  occupied  private
24             residence (other  than  any  occupied  by  owner  or
25             operator);
26                  (C)  Distance to nearest stream; and
27                  (D)  Distance to nearest populated area.
28             (5)  Anticipated   beginning  and  ending  dates  of
29        construction.
30             (6)  Type of livestock and number of animal units.
31        The  Department  of  Agriculture,  upon  receipt   of   a
32    livestock  waste  lagoon  registration form, shall review the
33    form to determine that  all  required  information  has  been
34    provided.   The  person  filing  the  registration  shall  be
                            -8-                LRB9011606MWpc
 1    notified  within  15  working  days  that the registration is
 2    complete or that clarification of information is needed.   No
 3    later than 10 working days after receipt of the clarification
 4    information,   the  Department  shall  notify  the  owner  or
 5    operator that the registration is complete.
 6        The Department shall inspect a an earthen livestock waste
 7    handling    facility    lagoon    during     preconstruction,
 8    construction,  and  post-construction.   The Department shall
 9    require modifications when necessary to bring construction in
10    compliance with the standards as set forth in subsection  (a)
11    of  Section  15.     The  person  making the inspection shall
12    discuss with the  owner,  operator,  or  certified  livestock
13    manager   an  evaluation  of  the  livestock  waste  handling
14    facility lagoon construction and shall  (i)  provide  on-site
15    written  recommendations to the owner, operator, or certified
16    livestock manager of what modifications are necessary or (ii)
17    inform the owner, operator, or  certified  livestock  manager
18    that  the  facility  lagoon  meets the standards set forth in
19    subsection (a) of Section 15. Within 10 days On  the  day  of
20    the  inspection,  the person making the inspection shall give
21    the owner, operator, or certified livestock manager a written
22    report of his  or  her  findings  based  on  the  inspection,
23    together   with  an  explanation  of  any  remedial  measures
24    necessary to enable the lagoon  to  meet  the  standards  set
25    forth in subsection (a).
26        The  person  making  any  inspection  shall  comply  with
27    reasonable  animal  health protection procedures as requested
28    by the owner, operator, or certified livestock manager.
29        Upon completion of the construction or modification,  but
30    prior to placing the facility lagoon in service, the owner or
31    operator  of  the  livestock  waste  handling facility lagoon
32    shall certify on a form provided by the Department  that  the
33    facility   lagoon   has   been  constructed  or  modified  in
34    accordance with the standards set forth in subsection (a)  of
                            -9-                LRB9011606MWpc
 1    Section   15   and  that  the  information  provided  on  the
 2    registration form is correct.
 3             (1)  The  certification  notice  to  the  Department
 4        shall include a  certification statement and signature.
 5             (2)  The  certification  shall  state:   "I   hereby
 6        certify  that  the  information  provided on this form is
 7        correct and that the livestock  waste  handling  facility
 8        lagoon  has  been  constructed  in  accordance  with  the
 9        standards   as   required  by  the  Livestock  Management
10        Facilities Act."
11        The owner or operator of the facility lagoon may  proceed
12    to  place  the  facility lagoon in service no earlier than 10
13    working  days  after   submitting   to   the   Department   a
14    certification of compliance statement.
15        (b-5)  Public informational meeting.  Within 7 days after
16    receiving a registration form giving notice of an  intent  to
17    construct  or  modify  a an  earthen livestock waste handling
18    facility lagoon after the  effective date of this  amendatory
19    Act  of  1998  1997, the Department shall send a  copy of the
20    registration form to the county board of the county in  which
21    the  facility lagoon is or is to be located.  After receiving
22    a   copy  of  a  livestock  waste  handling  facility  lagoon
23    registration form from the Department under this  subsection,
24    within 30 days the county board may at its discretion request
25    that  the  Department  conduct a public informational meeting
26    within  15  days  of  the  request  concerning  the  proposed
27    construction or modification of the facility lagoon.  If  the
28    Department  conducts  such  a  meeting, then at least 10 days
29    before the  meeting, the Department shall cause notice of the
30    meeting to be published in a newspaper of general circulation
31    in the county or the State newspaper.  The owner or  operator
32    who  submitted  the registration form to the Department shall
33    appear at the meeting.  At the meeting, the Department  shall
34    afford members of  the public an opportunity to ask questions
                            -10-               LRB9011606MWpc
 1    and present oral or written testimony concerning the proposed
 2    construction or modification of the facility lagoon.
 3        (c)  Complaint  procedure.  Any person having a complaint
 4    concerning a an earthen livestock waste handling facility  or
 5    a  livestock  management facility lagoon may file a complaint
 6    with the Agency.  If the Agency finds  that  groundwater  has
 7    been  negatively impacted because of structural problems with
 8    the facility earthen lagoon,  the  Agency  shall  notify  the
 9    Department  that modification of the lagoon is necessary. The
10    livestock owner or operator or  the  Department  may  request
11    guidance  from  the  United  States Department of Agriculture
12    Natural Resource Conservation Service or  the  University  of
13    Illinois Cooperative Extension Service.
14        The person making any inspection shall comply with animal
15    health  protection  procedures  as  requested by the owner or
16    operator.
17        Any earthen livestock waste handling facility  lagoon  in
18    service prior to May 20, 1997 the effective date of the rules
19    for implementation of this Act is not subject to registration
20    but is only subject to the complaint procedure.  However, Any
21    such livestock waste handling facility lagoon found impacting
22    groundwater  shall  be  required to be repaired, modified, or
23    have procedures instituted so groundwater is  not  negatively
24    impacted.
25        If   an   investigation   reveals  groundwater  has  been
26    negatively  impacted,  the  Department   and   Agency   shall
27    cooperate   with  the  owner  or  operator  of  the  affected
28    livestock  waste  handling  facility  lagoon  to  provide   a
29    reasonable solution to protect the groundwater.
30        Nothing   in   this  Section  shall  limit  the  Agency's
31    authority  under  the   Environmental   Protection   Act   to
32    investigate  and  respond  to violations of the Environmental
33    Protection Act or rules adopted under that Act.
34        (d)  Livestock    waste    handling    facility    lagoon
                            -11-               LRB9011606MWpc
 1    registration fee.   The  livestock  waste  handling  facility
 2    lagoon  registration  fee  is  $250  $50.   The fees shall be
 3    earmarked  for  inspection  and  oversight  expenses  of  the
 4    Department and Agency.
 5        (d-5)  Reporting release of waste.  An owner or  operator
 6    of   a  livestock  management  facility  or  livestock  waste
 7    handling facility lagoon  shall  report  to  the  Agency  any
 8    release  of livestock waste from the facility a lagoon within
 9    24 hours after the discovery of the release.   The  procedure
10    for  reporting  releases  shall  be  adopted by the Agency by
11    rule.
12        For a first violation of this  subsection  (d-5)  by  the
13    owner  or  operator  of  a  livestock  management facility or
14    livestock waste handling facility, the Agency shall impose on
15    the owner or operator a civil administrative  penalty  in  an
16    amount not exceeding $500 the Department shall send the owner
17    or  operator  a  written notice of the violation by certified
18    mail, return receipt requested.
19        If after an administrative hearing the Agency  Department
20    finds  that  the  owner or operator of a livestock management
21    facility or livestock waste handling facility has committed a
22    second  violation  of  this  subsection  (d-5),  the   Agency
23    Department  shall  impose  on  the  owner or operator a civil
24    administrative penalty in  an  amount  not  exceeding  $1,500
25    $1,000.   The  Attorney  General  may  bring an action in the
26    circuit court to enforce the collection of a penalty  imposed
27    under this subsection (d-5).
28        If  after an administrative hearing the Agency Department
29    finds that the owner or operator of  a  livestock  management
30    facility or livestock waste handling facility has committed a
31    third   violation   of  this  subsection  (d-5),  the  Agency
32    Department shall enter an administrative order directing that
33    the owner or operator cease operation of the  facility  until
34    the violation is corrected and the Agency shall impose on the
                            -12-               LRB9011606MWpc
 1    owner or operator a civil administrative penalty in an amount
 2    not   exceeding   $1,500  per  day  until  the  violation  is
 3    corrected.
 4        If a livestock management  facility  or  livestock  waste
 5    handling  facility  has  not  committed  a  violation of this
 6    subsection (d-5) within the 10 5 years immediately  preceding
 7    a  violation, the violation shall be construed and treated as
 8    a first violation.
 9        (d-10)  If after a hearing  the  Agency  finds  that  the
10    owner  of  a livestock management facility or livestock waste
11    handling facility has released livestock waste  in  violation
12    of this Act or rules adopted under this Act, the Agency shall
13    impose  on  the  owner  a  civil  administrative  penalty  as
14    follows:
15             (i)  For  a  release of less than 1,000 gallons, the
16        penalty shall be $1,000.
17             (ii)  For a release of at least  1,000  gallons  but
18        less than 10,000 gallons, the penalty shall be $1,500.
19             (iii)  For  a release of 10,000 gallons or more, the
20        penalty shall be $1,500 plus $1,000 for  each  additional
21        10,000  gallons (or fraction thereof) in excess of 10,000
22        gallons.
23        The penalties imposed under this subsection (d-10) are in
24    addition to penalties imposed under subsection (d-5).
25        (e)  Closure  of  livestock  waste  handling   facilities
26    lagoons.  When  any earthen livestock waste handling facility
27    lagoon is  removed  from  service,  it  shall  be  completely
28    emptied.  Appropriate closure procedures shall be followed as
29    determined  by  rule.   Any the remaining hole or pit must be
30    filled.  The closure requirements shall be  completed  within
31    two  years from the date of cessation of operation unless the
32    facility lagoon is maintained or  serviced.   The  Department
33    may  grant a waiver to the before-stated closure requirements
34    that will permit the lagoon to be  used  for  an  alternative
                            -13-               LRB9011606MWpc
 1    purpose.
 2        Upon  a  change  in  ownership  of  a  registered earthen
 3    livestock waste handling facility  lagoon,  the  owner  shall
 4    notify the Department of the change within 30 working days of
 5    the closing of the transaction.
 6        (f)  Administrative   authority.   All   actions  of  the
 7    Department  of  Agriculture  are  subject  to  the   Illinois
 8    Administrative Procedure Act.
 9        Any  new earthen livestock waste handling facility lagoon
10    subject to registration shall not begin operation  until  the
11    owner  or  operator of the lagoon has met the requirements of
12    this Act.
13        The owner or operator  of  any  earthen  livestock  waste
14    handling facility lagoon subject to registration that has not
15    been  registered  or constructed in accordance with standards
16    set forth in subsection (a) of Section 15 shall,  upon  being
17    identified as such by the Department, be given written notice
18    by the Department to register and certify the livestock waste
19    handling facility lagoon within 10 working days of receipt of
20    the  notice.  The Department may inspect such livestock waste
21    handling facility lagoon and require compliance in accordance
22    with subsections (a) and (b) of this Section. If the owner or
23    operator of the livestock waste handling facility lagoon that
24    is subject to registration fails to comply with  the  notice,
25    the  Department may issue a cease and desist order until such
26    time as compliance is obtained with the requirements of  this
27    Act.  Failure  to  construct  the  livestock  waste  handling
28    facility  lagoon in accordance with the construction plan and
29    Department recommendations is a business  offense  punishable
30    by a fine of not more than $5,000.
31    (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
32        (510 ILCS 77/16)
33        (This  Section  may contain text from a Public Act with a
                            -14-               LRB9011606MWpc
 1    delayed effective date)
 2        Sec. 16.  Inspection of earthen livestock waste  handling
 3    facilities   lagoons   by   Environmental  Protection  Agency
 4    Department.   At least once each year on a random basis,  the
 5    Agency Department shall inspect every earthen livestock waste
 6    handling  facility  lagoon that services 1,000 or more animal
 7    units and is required to be registered under this Act.    The
 8    owner  or  operator  of the livestock waste handling facility
 9    lagoon or a  certified  livestock  manager  must  be  present
10    during the inspection.   If the owner, operator, or certified
11    livestock manager is not present at the scheduled date, time,
12    and  place of the inspection, the inspection shall proceed in
13    his or her absence.  The person making the  inspection  shall
14    conduct  a visual inspection to determine only whether any of
15    the following are  present:  burrow  holes,  trees  or  woody
16    vegetation,  proper freeboard, erosion, settling of the berm,
17    bermtop maintenance, leaks, and seepage.  The  person  making
18    the  inspection  shall  discuss  with the owner, operator, or
19    certified livestock manager an evaluation  of  the  livestock
20    waste  handling  facility's  lagoon's  current  condition and
21    shall (i) provide  on-site  written  recommendations  to  the
22    owner,  operator,  or  certified  livestock  manager  of what
23    corrective actions are necessary or (ii)  inform  the  owner,
24    operator,  or  certified  livestock manager that the facility
25    lagoon meets the standards set forth in this subsection.
26        The  person  making  any  inspection  shall  comply  with
27    reasonable animal health protection procedures  as  requested
28    by the owner, operator, or certified livestock manager.
29        The  Agency Department shall send official written notice
30    of any deficiencies to the owner or operator of the  facility
31    lagoon  by  certified  mail, return receipt requested.    The
32    owner or operator and the Agency Department shall enter  into
33    an  agreement of compliance setting forth the specific action
34    and timetable to  correct  the  deficiencies.     The  person
                            -15-               LRB9011606MWpc
 1    making the reinspection shall notify the Agency Department of
 2    the  results  of  the reinspection, and the Agency Department
 3    shall take the appropriate action under this  Section.     If
 4    the  Department's  inspector finds a release or evidence of a
 5    release,  the  Department  shall  immediately   report   such
 6    information to the Agency.
 7        For  a  first  violation  of this Section by the owner or
 8    operator of a  livestock  management  facility  or  livestock
 9    waste handling facility, the Agency shall impose on the owner
10    or  operator  a civil administrative penalty in an amount not
11    exceeding $500 Department shall send the owner or operator  a
12    written  notice  of  the  violation by certified mail, return
13    receipt requested.
14        If after an administrative hearing the Agency  Department
15    finds  that  the  owner or operator of a livestock management
16    facility or livestock waste handling facility has committed a
17    second violation of this Section, the Agency Department shall
18    impose on  the  owner  or  operator  a  civil  administrative
19    penalty  in  an  amount  not  exceeding  $1,500  $1,000.  The
20    Attorney General may bring an action in the circuit court  to
21    enforce  the  collection  of  a  penalty  imposed  under this
22    Section.
23        If after an administrative hearing the Agency  Department
24    finds  that  the  owner or operator of a livestock management
25    facility or livestock waste handling facility has committed a
26    third violation of this Section, the Agency Department  shall
27    enter  an  administrative  order  directing that the owner or
28    operator cease operation of the facility until the  violation
29    is  corrected  and  the  Agency  shall impose on the owner or
30    operator a civil administrative  penalty  in  an  amount  not
31    exceeding $1,500 per day until the violation is corrected.
32        If  a  livestock  management  facility or livestock waste
33    handling facility has  not  committed  a  violation  of  this
34    Section  within  the  10  5  years  immediately  preceding  a
                            -16-               LRB9011606MWpc
 1    violation,  the violation shall be construed and treated as a
 2    first violation.
 3    (Source: P.A. 90-565, eff. 6-1-98.)
 4        (510 ILCS 77/17)
 5        (This Section may contain text from a Public Act  with  a
 6    delayed effective date)
 7        Sec.  17.  Financial responsibility.  Owners of livestock
 8    waste handling facilities new or modified lagoons  registered
 9    under the provisions of this Act shall establish and maintain
10    evidence  of  financial  responsibility  to  provide  for the
11    closure of the facilities lagoons and the proper disposal  of
12    their  contents  within  the time provisions outlined in this
13    Act.   Financial  responsibility  may  be  evidenced  by  any
14    combination of the following:
15        (1)  Commercial or private insurance;
16        (2)  Guarantee;
17        (3)  Surety bond;
18        (4)  Letter of credit;
19        (5)  Certificate  of  Deposit   or   designated   savings
20    account;
21        (6)  Participation in a livestock waste handling facility
22    lagoon  closure fund managed by the Illinois Farm Development
23    Authority.
24        The level of surety required shall be determined by  rule
25    and  be  based  upon  the volumetric capacity of the facility
26    lagoon.   Surety  instruments  required  under  this  Section
27    shall  be  required after the effective date of rules adopted
28    for the implementation of this Act.
29    (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
30        (510 ILCS 77/20)
31        (This Section may contain text from a Public Act  with  a
32    delayed effective date)
                            -17-               LRB9011606MWpc
 1        Sec.  20.   Handling,  storing and disposing of livestock
 2    waste.
 3        (a)  The livestock management facility owner or  operator
 4    shall comply with the requirements for handling, storing, and
 5    disposing  of  livestock  wastes  as  set  forth in the rules
 6    adopted pursuant to the Illinois Environmental Protection Act
 7    concerning agriculture related pollution.
 8        (b)  The livestock management facility owner or  operator
 9    at  a  facility  of less than 1,000 animal units shall not be
10    required to prepare and maintain a waste management plan.
11        (c)  The livestock management facility owner or  operator
12    at  a facility of 1,000 or greater animal units but less than
13    5,000 7,000 animal units shall prepare and maintain  on  file
14    at   the   livestock  management  facility  a  general  waste
15    management  plan.   Notwithstanding   this   requirement,   a
16    livestock  management facility subject to this subsection may
17    be operated on an interim basis but not to  exceed  6  months
18    after the effective date of the rules promulgated pursuant to
19    this  Act  to allow for the owner or operator of the facility
20    to develop a waste management  plan.   The  waste  management
21    plan shall be available for inspection during normal business
22    hours by Department personnel.
23        (d)  The  livestock management facility owner or operator
24    at a facility of 5,000 7,000 or greater  animal  units  shall
25    prepare,  maintain,  and  submit  to the Department the waste
26    management  plan  for  approval.  Approval   of   the   waste
27    management  plan  shall  be  predicated  on  compliance  with
28    provisions of subsection (f). The waste management plan shall
29    be  approved  by  the  Department  before  operation  of  the
30    facility  or  in  the case of an existing facility, the waste
31    management plan shall be submitted  within  60  working  days
32    after the effective date of the rules promulgated pursuant to
33    this Act.
34        The owner or operator of an existing livestock management
                            -18-               LRB9011606MWpc
 1    facility  that  through  growth meets or exceeds 7,000 animal
 2    units  shall  file  its  waste  management  plan   with   the
 3    Department  within  60 working days after reaching the stated
 4    animal units.
 5        The owner or operator of a livestock management  facility
 6    that  is  subject to this subsection (d) shall file within 60
 7    working days with the Department a revised  waste  management
 8    plan when there is a significant change in items (1), (2), or
 9    (10) of subsection (f) that will materially affect compliance
10    with the waste management plan.
11        (e)  The  waste  management plan and records of livestock
12    waste disposal shall be kept on file for 5 three years.
13        (f)  The application of livestock waste to the land is an
14    acceptable,  recommended,   and   established   practice   in
15    Illinois.   However, when livestock waste is not applied in a
16    responsible  manner,  it  may  create  pollution  pollutional
17    problems.  It should be recognized that, in  most  cases,  if
18    the  agronomic  nitrogen  rate is met, the phosphorus applied
19    will exceed  the  crop  requirements,  but  not  all  of  the
20    phosphorus  may be available for use by the crop.  It will be
21    considered acceptable, therefore, to prepare and implement  a
22    waste  management plan based on the phosphorus nitrogen rate.
23    The waste management plan shall include the following:
24             (1)  An estimate  of  the  volume  of  waste  to  be
25        disposed of annually.
26             (2)  The  number  of acres available for disposal of
27        the waste.
28             (3)  An estimate of the nutrient value of the waste.
29             (4)  An indication that the livestock waste will  be
30        applied  at  rates not to exceed the agronomic phosphorus
31        nitrogen demand of the crops to be  grown  when  averaged
32        over a 5-year period.
33             (5)  A provision that livestock waste applied within
34        1/4  mile of any residence not part of the facility shall
                            -19-               LRB9011606MWpc
 1        be injected or incorporated on the  day  of  application.
 2        However,  livestock  management  facilities and livestock
 3        waste handling facilities that have irrigation systems in
 4        operation prior to the effective  date  of  this  Act  or
 5        existing  facilities  applying waste on frozen ground are
 6        not subject to the provisions of this item (5).
 7             (6)  A provision that livestock  waste  may  not  be
 8        applied within 200 feet of surface water unless the water
 9        is  upgrade  or  there is adequate diking, and waste will
10        not be applied within  200  150  feet  of  potable  water
11        supply wells.
12             (7)  A  provision  that  livestock  waste may not be
13        applied in a 10-year flood plain unless the injection  or
14        incorporation method of application is used.
15             (8)  A  provision  that  livestock  waste may not be
16        applied in waterways.
17             (9)  A provision that if waste is spread  on  frozen
18        or  snow-covered land, the application will be limited to
19        land areas on which:
20                  (A)  land slopes are 5% or less, or
21                  (B)  adequate erosion control practices exist.
22             (10)  Methods for disposal of animal waste.
23        (g)  Any person who is required to prepare and maintain a
24    waste management plan and who fails to do so shall be  issued
25    a  warning  letter  by the Department for the first violation
26    and shall be  given  30  working  days  to  prepare  a  waste
27    management plan.  For failure to prepare and maintain a waste
28    management  plan, the person shall be fined an administrative
29    penalty of up to  $1,000  by  the  Department  and  shall  be
30    required  to enter into an agreement of compliance to prepare
31    and maintain a waste management plan within 30 working  days.
32    For  failure  to prepare and maintain a waste management plan
33    after the second 30 day period or for failure to enter into a
34    compliance agreement, the Department may issue an operational
                            -20-               LRB9011606MWpc
 1    cease and desist order until compliance is attained.
 2    (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
 3        (510 ILCS 77/25)
 4        (This Section may contain text from  Public  Act  with  a
 5    delayed effective date)
 6        Sec. 25.  Odor control.
 7        (a)  Operators  of  livestock  waste  handling facilities
 8    shall practice odor control  methods  during  the  course  of
 9    manure  removal  and field application.  Odor control methods
10    shall be  those  methods  identified  in  the  rules  adopted
11    pursuant   to   the  Illinois  Environmental  Protection  Act
12    concerning agriculture related pollution.
13        (b) Every single-stage livestock waste handling  facility
14    lagoon   constructed   after   the  effective  date  of  this
15    amendatory Act of 1998 1997 shall comply with  the  following
16    operational guidelines:
17             (1)  In  operation,  the  facility  lagoon  must  be
18        maintained at not less than the minimum design volume.
19             (2)  The  livestock  waste  supply  to  the facility
20        lagoon must be below the minimum design volume level.
21             (3) The livestock  waste  storage  capacity  of  the
22        facility lagoon must be greater than 270 days.
23        (c)  Above-ground livestock waste holding structures must
24    be operated using odor control management guidelines based on
25    scientific  peer  review  accepted  by  the  Department   and
26    determined  to  be  economically  feasible  to  the  specific
27    operation.
28        (d)  For  a  first violation of this Section by the owner
29    or operator of a livestock management facility  or  livestock
30    waste  handling  facility, the Department shall impose on the
31    owner or operator a civil administrative penalty in an amount
32    not exceeding $500 the Department shall  send  the  owner  or
33    operator a written notice of the violation by certified mail,
                            -21-               LRB9011606MWpc
 1    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 $1,500 $1,000.  The Attorney General may bring
 8    an 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  and  the  Department  shall impose on the owner or
17    operator a civil administrative  penalty  in  an  amount  not
18    exceeding $1,500 per day until the violation is corrected.
19        If  a  livestock  management  facility or livestock waste
20    handling facility has  not  committed  a  violation  of  this
21    Section  within  the  10  5  years  immediately  preceding  a
22    violation,  the violation shall be construed and treated as a
23    first violation.
24    (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
25        (510 ILCS 77/30)
26        (This Section may contain text from a Public Act  with  a
27    delayed effective date)
28        Sec.  30.  Certified  Livestock  Manager.  The Department
29    shall establish a  Certified  Livestock  Manager  program  in
30    conjunction  with  the  livestock  industry that will enhance
31    management skills in critical areas,  such  as  environmental
32    awareness,  safety  concerns,  odor  control  techniques  and
33    technology,   neighbor  awareness,  current  best  management
                            -22-               LRB9011606MWpc
 1    practices, and the  developing  and  implementing  of  manure
 2    management plans.
 3        (a)  Applicability.  A  livestock waste handling facility
 4    serving 300 or greater animal units shall  be  operated  only
 5    under  the supervision of a certified livestock manager.  Not
 6    withstanding the before-stated provision, a  livestock  waste
 7    handling  facility  may  be operated on an interim basis, but
 8    not to exceed 6 months, to allow for the owner or operator of
 9    the facility to become certified.
10        (b)  A certification program shall include the following:
11             (1)  A general working knowledge of best  management
12        practices.
13             (2)  A  general working knowledge of livestock waste
14        handling practices and procedures.
15             (3)  A  general  working  knowledge   of   livestock
16        management operations and related safety issues.
17             (4)  An   awareness   and   understanding   of   the
18        responsibility of the owner or operator for all employees
19        who may be involved with waste handling.
20        (c)  Any  certification issued shall be valid for 3 years
21    and thereafter be subject to  renewal.  A  renewal  shall  be
22    valid  for  a  3  year period and the procedures set forth in
23    this Section shall be followed.  The Department  may  require
24    anyone  who  is  certified  to  be recertified in less than 3
25    years for just cause including but not  limited  to  repeated
26    complaints  where  investigations  reveal the need to improve
27    management practices.
28        (d)  Methods for obtaining  certified  livestock  manager
29    status.
30             (1)  The  owner  or  operator  of  a livestock waste
31        handling facility serving 300 or greater animal units but
32        less than 1,000 animal units  shall  become  a  certified
33        livestock manager by:
34                  (A)  attending  a training session conducted by
                            -23-               LRB9011606MWpc
 1             the Department of Agriculture, Cooperative Extension
 2             Service, or any agriculture association,  which  has
 3             been  approved  by  or  is  in  cooperation with the
 4             Department; or
 5                  (B)  in  lieu  of  attendance  at  a   training
 6             session,    successfully    completing   a   written
 7             competency examination.
 8             (2)  The owner or  operator  of  a  livestock  waste
 9        handling  facility  serving 1,000 or greater animal units
10        shall become a certified livestock manager by attending a
11        training  session  conducted   by   the   Department   of
12        Agriculture,   Cooperative   Extension  Service,  or  any
13        agriculture association, which has been approved by or is
14        in  cooperation  with  the  Department  and  successfully
15        completing a written competency examination.
16        (e)  The certified livestock manager certificate shall be
17    issued by the Department and shall indicate that  the  person
18    named   on  the  certificate  is  certified  as  a  livestock
19    management facility manager, the dates of certification,  and
20    when renewal is due.
21        (f)  The Department shall charge $50 $10 for the issuance
22    or  renewal of a certified livestock manager certificate. The
23    Department may, by rule, establish fees to cover the costs of
24    materials and training for training  sessions  given  by  the
25    Department.
26        (g)  The  owner or operator of a livestock waste handling
27    facility  operating  in  violation  of  the   provisions   of
28    subsection  (a)  of  this  Section  shall be issued a warning
29    letter for the first violation and shall be required to  have
30    a certified manager for the livestock waste handling facility
31    within  30  working  days.   For  failure  to comply with the
32    warning letter within the 30 day period, the person shall  be
33    fined  an  administrative  penalty  of  up  to  $1,000 by the
34    Department and shall be required to enter into  an  agreement
                            -24-               LRB9011606MWpc
 1    to  have a certified manager for the livestock waste handling
 2    facility within 30 working days.  For  continued  failure  to
 3    comply,  the  Department  may  issue an operational cease and
 4    desist order until compliance is attained.
 5    (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
 6        (510 ILCS 77/35)
 7        Sec. 35.  Setbacks for livestock management and livestock
 8    handling facilities.
 9        (a)  Grandfather provision; facilities in existence prior
10    to  July  15,  1991.  Livestock  management  facilities   and
11    livestock  waste  handling  facilities  in existence prior to
12    July 15, 1991 shall comply with setbacks in  existence  prior
13    to  July 15, 1991, as set forth in the Illinois Environmental
14    Protection Act and rules promulgated under that Act.
15        (b)  Grandfather provision; facilities  in  existence  on
16    effective date and after July 15, 1991.  Livestock management
17    facilities   and   livestock  waste  handling  facilities  in
18    existence on the effective date of this Act  but  after  July
19    15, 1991 shall comply with setbacks in existence prior to the
20    effective  date  of  this  Act,  as set forth in the Illinois
21    Environmental Protection Act and rules promulgated under that
22    Act.
23        (c)  New livestock management or livestock waste handling
24    facilities. Any new facility shall comply with the  following
25    setbacks:
26             (1)  For  purposes of determining setback distances,
27        minimum distances shall  be  measured  from  the  nearest
28        corner  of  the  residence or place of common assembly to
29        the  nearest  corner  of  the  earthen  livestock   waste
30        handling   facility   lagoon   or   livestock  management
31        facility, whichever is closer.
32             (2)  A livestock management  facility  or  livestock
33        waste  handling  facility    serving  less than 50 animal
                            -25-               LRB9011606MWpc
 1        units shall be exempt from setback distances as set forth
 2        in this Act but shall be  subject  to  rules  promulgated
 3        under the Illinois Environmental Protection Act.
 4             (3)  For  a  livestock  management facility or waste
 5        handling facility serving 50 or  greater  but  less  than
 6        1,000 animal units, the minimum setback shall be 1/4 mile
 7        from  the  nearest  occupied  farm  residence (unless the
 8        residence is owned by  the  owner  of  the  facility)  or
 9        non-farm   residence   and  1/2  mile  from  the  nearest
10        populated area.
11             (4)  For  a   livestock   management   facility   or
12        livestock   waste  handling  facility  serving  1,000  or
13        greater but less than 7,000 animal units, the setback  is
14        as follows:
15                  (A)  For  a populated area, the minimum setback
16             shall be increased 440 feet over the minimum setback
17             of 1/2 mile for each additional 1,000  animal  units
18             over 1,000 animal units.
19                  (B)  For  any  occupied  residence, the minimum
20             setback shall be increased 220 feet over the minimum
21             setback of 1/4 mile for each additional 1,000 animal
22             units over 1,000 animal units.
23             (5)  For  a   livestock   management   facility   or
24        livestock   waste  handling  facility  serving  7,000  or
25        greater animal units, the setback is as follows:
26                  (A)  For a populated area, the minimum  setback
27             shall be 2 miles 1 mile.
28                  (B)  For  any  occupied  residence, the minimum
29             setback shall be one 1/2 mile.
30        (d)  Requirements  governing  the  location  of   a   new
31    livestock    management    facility    and    new   livestock
32    waste-handling facility  and  conditions  for  exemptions  or
33    compliance  with the maximum feasible location as provided in
34    rules  adopted  pursuant  to   the   Illinois   Environmental
                            -26-               LRB9011606MWpc
 1    Protection  Act  concerning  agriculture  regulated pollution
 2    shall apply to those facilities identified in subsections (b)
 3    and (c) of this Section.  With regard to the maximum feasible
 4    location requirements, any reference to a setback distance in
 5    the rules under the  Illinois  Environmental  Protection  Act
 6    shall  mean  the  appropriate  distance  as set forth in this
 7    Section.
 8        (e)  Setback category shall be determined by  the  design
 9    capacity   in   animal  units  of  the  livestock  management
10    facility.
11        (f)  Setbacks may be decreased when innovative designs as
12    approved  by  the  Department  are  incorporated   into   the
13    facility.
14        (g)  A setback may be decreased when waivers are obtained
15    from  owners  of  residences that are occupied and located in
16    the setback area.
17    (Source: P.A. 89-456, eff. 5-21-96.)
18        (510 ILCS 77/36 new)
19        Sec. 36.  Construction in flood plain  and  other  areas;
20    prohibition.   After  the  effective date of this  amendatory
21    Act of 1998, no livestock management  facility  or  livestock
22    waste  handling  facility  of 1,000 or  greater  animal units
23    shall be constructed in (i) the 100-year  flood  plain,  (ii)
24    any  area with karst  topography, or (iii) any area where the
25    seasonal high water table is 5 feet or less below the  bottom
26    of  the    livestock  management  facility or livestock waste
27    handling facility.
28        (510 ILCS 77/51 new)
29        Sec. 51.  Joint and  several  liability.   Any  owner  or
30    operator  of  a  livestock  management  facility or livestock
31    waste handling  facility in this State  that  (i)  is  not  a
32    resident  of  this  State  and  (ii) does not own the land on
                            -27-               LRB9011606MWpc
 1    which the  livestock management facility or  livestock  waste
 2    handling  facility  is located shall be jointly and severally
 3    liable for any damages  to  property  downstream  or  to  the
 4    natural  resources  of  this  State  resulting from any spill
 5    occurring at  the livestock management facility or  livestock
 6    waste handling facility.
 7        Section  99.   Effective  date.  This Act takes effect on
 8    June 1, 1998.
                            -28-               LRB9011606MWpc
 1                                INDEX
 2               Statutes amended in order of appearance
 3    55 ILCS 5/5-12001         from Ch. 34, par. 5-12001
 4    510 ILCS 77/10.65 new
 5    510 ILCS 77/15
 6    510 ILCS 77/16
 7    510 ILCS 77/17
 8    510 ILCS 77/20
 9    510 ILCS 77/25
10    510 ILCS 77/30
11    510 ILCS 77/35
12    510 ILCS 77/36 new
13    510 ILCS 77/51 new

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