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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.
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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,
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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
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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
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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"
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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.
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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