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90_SB1707ham001
LRB9007910MWpcam02
1 AMENDMENT TO SENATE BILL 1707
2 AMENDMENT NO. . Amend Senate Bill 1707 by replacing
3 everything after Section 15 with the following:
4 "Section 20. The Livestock Management Facilities Act is
5 amended by changing Sections 10.30, 10.40, 15, 16, 17, 20,
6 25, 30, and 35 and by adding Sections 10.65, 36, and 51 as
7 follows:
8 (510 ILCS 77/10.30)
9 Sec. 10.30. Livestock management facility. "Livestock
10 management facility" means any animal feeding operation,
11 livestock shelter, or on-farm milking and accompanying
12 milk-handling area. Two or more livestock management
13 facilities under common ownership, if where the facilities
14 are not separated by one mile or if they use a common system
15 or acreage for the storage or disposal of waste, a minimum
16 distance of 1/4 mile, and that share a common livestock waste
17 handling facility shall be considered a single livestock
18 management facility. A livestock management facility at
19 educational institutions, livestock pasture operations, where
20 animals are housed on a temporary basis such as county and
21 state fairs, livestock shows, race tracks, and horse breeding
22 and foaling farms, and market holding facilities are not
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1 subject to this Act.
2 (Source: P.A. 89-456, eff. 5-21-96.)
3 (510 ILCS 77/10.40)
4 Sec. 10.40. Livestock waste handling facility.
5 "Livestock waste handling facility" means individually or
6 collectively those immovable constructions or devices, except
7 sewers, used for collecting, pumping, treating, or disposing
8 of livestock waste or for the recovery of by-products from
9 the livestock waste. Two or more livestock waste handling
10 facilities under common ownership and where the facilities
11 are not separated by one mile a minimum distance of 1/4 mile
12 shall be considered a single livestock waste handling
13 facility.
14 (Source: P.A. 89-456, eff. 5-21-96.)
15 (510 ILCS 77/10.65 new)
16 Sec. 10.65. Waters of this State. "Waters of this State"
17 means "waters" as defined in the Environmental Protection
18 Act, except that the term does not include any water or
19 accumulation of water attributable exclusively to or
20 resulting solely from the construction of a secondary berm in
21 connection with the construction of a livestock waste
22 handling facility.
23 (510 ILCS 77/15)
24 (This Section may contain text from a Public Act with a
25 delayed effective date)
26 Sec. 15. Livestock waste handling facility lagoon.
27 (a) Standards for livestock waste lagoon construction.
28 Any earthen livestock waste lagoon subject to registration
29 shall be constructed or modified in accordance with "Design
30 of Anaerobic Lagoons for Animal Waste Management" promulgated
31 by the American Society of Agricultural Engineers or the
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1 national guidelines as published by the United States
2 Department of Agriculture Natural Resource Conservation
3 Service in Illinois and titled Waste Treatment Lagoon. The
4 owner or operator of the earthen livestock lagoon may, with
5 approval from the Department, modify or exceed these
6 standards in order to meet site specific objectives.
7 Notwithstanding any other requirement of this subsection,
8 every earthen livestock waste lagoon shall include the
9 construction of a secondary berm, filter strip, grass
10 waterway, or terrace, or any combination of those, outside
11 the perimeter of the primary berm if an engineer licensed
12 under the Professional Engineering Practice Act of 1989 and
13 retained by the registrant determines, with the concurrence
14 of the Department, that construction of such a secondary berm
15 or other feature or features is necessary in order to ensure
16 against a release of livestock waste from the lagoon (i) that
17 encroaches or is reasonably expected to encroach upon land
18 other than the land occupied by the livestock waste handling
19 facility of which the lagoon is a part or (ii) that enters
20 or is reasonably expected to enter the waters of this State.
21 The Department shall determine compliance with these
22 requirements. The Department may require changes in design
23 or additional requirements to protect groundwater, such as
24 extra liner depth or synthetic liners, when it appears
25 groundwater could be impacted.
26 (a-1) Standards for livestock waste handling facilities
27 other than earthen livestock waste lagoons. After the
28 effective date of this amendatory Act of 1998, livestock
29 waste handling facilities other than earthen livestock waste
30 lagoons used for the storage of livestock waste shall be
31 constructed in accordance with this Section.
32 The Advisory Committee shall review, evaluate, and make
33 recommendations to the Department to establish permanent
34 construction standards for livestock waste handling
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1 facilities other then earthen livestock waste lagoons.
2 Within 4 after the effective date of this amendatory Act of
3 1998, the Department shall propose permanent construction
4 standards for livestock waste handling facilities other than
5 earthen lagoons to the Pollution Control Board.
6 Within 8 months after the Department proposes permanent
7 construction standards, the Pollution Control Board shall
8 hold hearings on and shall adopt permanent construction
9 standards.
10 (a-2) Interim standards for livestock waste handling
11 facilities other than earthen livestock waste lagoons. After
12 the effective date of this amendatory Act of 1998 and prior
13 to the adoption of final construction standards by the
14 Pollution Control Board, the livestock waste handling
15 facility owner may rely on guidance from the county Soil and
16 Water Conservation District, the United States Department of
17 Agriculture Natural Resources Conservation Service, or the
18 University of Illinois Cooperative Extension Service for soil
19 type and water table level information.
20 On soils where high water (vadose water) is a concern or
21 where the soil does not meet the recommended allowable soil
22 bearing strength and load factor as set in the Midwest Plan
23 Services Handbook (MWPS-36) and future updates, footings and
24 underlying structure support shall be incorporated into the
25 design standards of the storage structure in accordance with
26 the requirements of Section 4.1 of the American Society of
27 Agricultural Engineers (ASAE EP393.2) and future updates.
28 (1) Livestock waste handling facilities constructed
29 of concrete shall meet the strength and load factors set
30 forth in the Midwest Plan Service's Concrete Manure
31 Storage Handbook (MWPS-36) and future updates. In
32 addition, those structures shall meet the following
33 requirements:
34 (A) Waterstops shall be incorporated into the
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1 design of the storage structure when consistent
2 with the requirements of paragraph (1) of this
3 subsection;
4 (B) Storage structures that handle waste in a
5 liquid form shall be designed to contain a volume
6 of not less than the amount of waste generated
7 during 150 days of facility operation at design
8 capacity; and
9 (C) Storage structures not covered or
10 otherwise protected from precipitation shall, in
11 addition to the waste storage volume requirements of
12 item (B) of paragraph (1) of this subsection,
13 include a 2-foot freeboard.
14 (2) A livestock waste handling facility in a
15 prefabricated form shall meet the strength, load, and
16 compatibility factors for its intended use. Those
17 factors shall be verified by the manufacturer's
18 specifications.
19 (3) Livestock waste handling facilities holding
20 semi-solid livestock waste, including but not limited to
21 picket dam structures, shall be constructed according to
22 the requirements set forth in the Midwest Plan Service's
23 Livestock Waste Facilities Handbook (MWPS-18) and future
24 updates or similar standards used by the Natural
25 Resources Conservation Service of the United States
26 Department of Agriculture.
27 (4) Livestock waste handling facilities holding
28 solid livestock waste shall be constructed according to
29 the requirements set forth in the Midwest Plan Service's
30 Livestock Waste Facilities Handbook (MWPS-18) and future
31 updates or similar standards used by the Natural
32 Resources Conservation Service of the United States
33 Department of Agriculture. In addition, solid livestock
34 waste stacking structures shall be sized to store not
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1 less than the amount of waste generated during 6 months
2 of facility operation at design capacity.
3 (5) Holding ponds, used for the temporary storage
4 of livestock feedlot run-off, shall be constructed
5 according to the requirements set forth in the Midwest
6 Plan Service's Livestock Waste Facilities Handbook
7 (MWPS-18) and future updates or similar standards used by
8 the Natural Resources Conservation Service of the United
9 States Department of Agriculture.
10 (b) Registration and certification. Any earthen
11 livestock waste lagoon or other livestock waste handling
12 facility with a capacity to serve more than 500 animal units
13 that is newly constructed, or modified, or expanded (does
14 not include repairs) after the effective date of rules
15 adopted for the implementation of this Act shall be
16 registered by the owner or operator with the Department on a
17 form provided by the Department. Owners or operators of
18 lagoons or other livestock waste handling facilities
19 constructed prior to May 20, 1997 the effective date of rules
20 adopted for the implementation of this Act may register them
21 with the Department at no charge.
22 In order to give the Department notice of the owner's or
23 operator's intent to construct or modify a an earthen
24 livestock waste handling facility lagoon, the owner or
25 operator shall register the facility such lagoon with the
26 Department before beginning construction during the
27 preconstruction phase. The Department shall provide a copy
28 of the registration form to the Agency. Construction shall
29 not begin until 30 days after submittal of a registration
30 form by certified mail to the Department. When an
31 informational meeting is requested by the county,
32 construction shall not begin until after the informational
33 meeting has been held.
34 Livestock waste handling facility lagoon registration
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1 forms shall be made available to producers at offices of the
2 Department of Agriculture, Cooperative Extension Service, and
3 Soil and Water Conservation Districts.
4 Registration information shall include the following:
5 (1) Name(s) and address(es) of the owner and
6 operator who are responsible for the livestock waste
7 handling facility lagoon.
8 (2) General location of the facility lagoon.
9 (3) Design construction plans and specifications.
10 (4) Specific location information:
11 (A) Distance to a private or public potable
12 well;
13 (B) Distance to closest occupied private
14 residence (other than any occupied by owner or
15 operator);
16 (C) Distance to nearest stream; and
17 (D) Distance to nearest populated area.
18 (5) Anticipated beginning and ending dates of
19 construction.
20 (6) Type of livestock and number of animal units.
21 The Department of Agriculture, upon receipt of a
22 livestock waste lagoon registration form, shall review the
23 form to determine that all required information has been
24 provided. The person filing the registration shall be
25 notified within 15 working days that the registration is
26 complete or that clarification of information is needed. No
27 later than 10 working days after receipt of the clarification
28 information, the Department shall notify the owner or
29 operator that the registration is complete.
30 The Department shall inspect a an earthen livestock waste
31 handling facility lagoon during preconstruction,
32 construction, and post-construction. The Department shall
33 require modifications when necessary to bring construction in
34 compliance with the standards as set forth in subsections
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1 subsection (a), (a-1), or (a-2) of Section 15. The person
2 making the inspection shall discuss with the owner, operator,
3 or certified livestock manager an evaluation of the livestock
4 waste handling facility lagoon construction and shall (i)
5 provide on-site written recommendations to the owner,
6 operator, or certified livestock manager of what
7 modifications are necessary or (ii) inform the owner,
8 operator, or certified livestock manager that the facility
9 lagoon meets the standards set forth in subsections
10 subsection (a), (a-1), or (a-2) of Section 15. Within 10 days
11 On the day of the inspection, the person making the
12 inspection shall give the owner, operator, or certified
13 livestock manager a written report of his or her findings
14 based on the inspection, together with an explanation of any
15 remedial measures necessary to enable the facility lagoon to
16 meet the standards set forth in subsections subsection (a),
17 (a-1), or (a-2).
18 The person making any inspection shall comply with
19 reasonable animal health protection procedures as requested
20 by the owner, operator, or certified livestock manager.
21 Upon completion of the construction or modification, but
22 prior to placing the facility lagoon in service, the owner or
23 operator of the livestock waste handling facility lagoon
24 shall certify on a form provided by the Department that the
25 facility lagoon has been constructed or modified in
26 accordance with the standards set forth in subsections
27 subsection (a), (a-1), or (a-2) of Section 15 and that the
28 information provided on the registration form is correct.
29 (1) The certification notice to the Department
30 shall include a certification statement and signature.
31 (2) The certification shall state: "I hereby
32 certify that the information provided on this form is
33 correct and that the livestock waste handling facility
34 lagoon has been constructed in accordance with the
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1 standards as required by the Livestock Management
2 Facilities Act."
3 The owner or operator of the facility lagoon may proceed
4 to place the facility lagoon in service no earlier than 10
5 working days after submitting to the Department a
6 certification of compliance statement.
7 (b-5) Public informational meeting. Within 7 days after
8 receiving a registration form giving notice of an intent to
9 construct or modify a an earthen livestock waste handling
10 facility with a capacity to serve more than 500 animal units
11 lagoon after the effective date of this amendatory Act of
12 1998 1997, the Department shall send a copy of the
13 registration form to the county board of the county in which
14 the facility lagoon is or is to be located. After receiving
15 a copy of a livestock waste handling facility lagoon
16 registration form from the Department under this subsection,
17 within 30 days the county board may at its discretion request
18 that the Department conduct a public informational meeting
19 within 15 days of the request concerning the proposed
20 construction or modification of the facility lagoon. If the
21 Department conducts such a meeting, then at least 10 days
22 before the meeting, the Department shall cause notice of the
23 meeting to be published in a newspaper of general circulation
24 in the county or the State newspaper. The owner or operator
25 who submitted the registration form to the Department shall
26 appear at the meeting. At the meeting, the Department shall
27 afford members of the public an opportunity to ask questions
28 and present oral or written testimony concerning the proposed
29 construction or modification of the facility lagoon.
30 (c) Complaint procedure. Any person having a complaint
31 concerning a an earthen livestock waste handling facility or
32 a livestock management facility lagoon may file a complaint
33 with the Agency. If the Agency finds that groundwater has
34 been negatively impacted because of structural problems with
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1 the facility earthen lagoon, the Agency shall notify the
2 Department that modification of the facility of the lagoon is
3 necessary. The livestock owner or operator or the Department
4 may request guidance from the United States Department of
5 Agriculture Natural Resource Conservation Service or the
6 University of Illinois Cooperative Extension Service.
7 The person making any inspection shall comply with animal
8 health protection procedures as requested by the owner or
9 operator.
10 Any earthen livestock waste handling facility lagoon in
11 service prior to May 20, 1997 the effective date of the rules
12 for implementation of this Act is not subject to registration
13 but is only subject to the complaint procedure. However, Any
14 such livestock waste handling facility lagoon found impacting
15 groundwater shall be required to be repaired, modified, or
16 have procedures instituted so groundwater is not negatively
17 impacted.
18 If an investigation reveals groundwater has been
19 negatively impacted, the Department and Agency shall
20 cooperate with the owner or operator of the affected
21 livestock waste handling facility lagoon to provide a
22 reasonable solution to protect the groundwater.
23 Nothing in this Section shall limit the Agency's
24 authority under the Environmental Protection Act to
25 investigate and respond to violations of the Environmental
26 Protection Act or rules adopted under that Act.
27 (d) Livestock waste handling facility lagoon
28 registration fee. The livestock waste handling facility
29 lagoon registration fee is $250 $50. The fees shall be
30 earmarked for inspection and oversight expenses of the
31 Department and Agency.
32 (d-5) Reporting release of waste. An owner or operator
33 of a livestock management facility or livestock waste
34 handling facility lagoon shall report to the Agency any
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1 release of livestock waste from the facility a lagoon within
2 24 hours after the discovery of the release. The procedure
3 for reporting releases shall be adopted by the Agency by
4 rule.
5 For a first violation of this subsection (d-5) by the
6 owner or operator of a livestock management facility or
7 livestock waste handling facility, the Department shall send
8 the owner or operator a written notice of the violation by
9 certified mail, return receipt requested.
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 second
13 violation of this subsection (d-5), the Department shall
14 impose on the owner or operator a civil administrative
15 penalty in an amount not exceeding $1,000. The Attorney
16 General may bring an action in the circuit court to enforce
17 the collection of a penalty imposed under this subsection
18 (d-5).
19 If after an administrative hearing the Department finds
20 that the owner or operator of a livestock management facility
21 or livestock waste handling facility has committed a third
22 violation of this subsection (d-5), the Department shall
23 enter an administrative order directing that the owner or
24 operator cease operation of the facility until the violation
25 is corrected.
26 If a livestock management facility or livestock waste
27 handling facility has not committed a violation of this
28 subsection (d-5) within the 5 years immediately preceding a
29 violation, the violation shall be construed and treated as a
30 first violation.
31 (e) Closure of livestock waste handling facilities
32 lagoons. When any earthen livestock waste handling facility
33 lagoon is removed from service, it shall be completely
34 emptied. Appropriate closure procedures shall be followed as
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1 determined by rule. Any the remaining hole or pit must be
2 filled. The closure requirements shall be completed within
3 two years from the date of cessation of operation unless the
4 facility lagoon is maintained or serviced. The Department
5 may grant a waiver to the before-stated closure requirements
6 that will permit the livestock waste handling facility lagoon
7 to be used for an alternative purpose.
8 Upon a change in ownership of a registered earthen
9 livestock waste handling facility lagoon, the owner shall
10 notify the Department of the change within 30 working days of
11 the closing of the transaction.
12 (f) Administrative authority. All actions of the
13 Department of Agriculture are subject to the Illinois
14 Administrative Procedure Act.
15 Any new earthen livestock waste handling facility lagoon
16 subject to registration shall not begin operation until the
17 owner or operator of the lagoon has met the requirements of
18 this Act.
19 The owner or operator of any earthen livestock waste
20 handling facility lagoon subject to registration that has not
21 been registered or constructed in accordance with standards
22 set forth in subsections subsection (a), (a-1), or (a-2) of
23 Section 15 shall, upon being identified as such by the
24 Department, be given written notice by the Department to
25 register and certify the livestock waste handling facility
26 lagoon within 10 working days of receipt of the notice. The
27 Department may inspect such livestock waste handling facility
28 lagoon and require compliance in accordance with subsections
29 (a), (a-1), (a-2), and (b) of this Section. If the owner or
30 operator of the livestock waste handling facility lagoon that
31 is subject to registration fails to comply with the notice,
32 the Department may issue a cease and desist order until such
33 time as compliance is obtained with the requirements of this
34 Act. Failure to construct the livestock waste handling
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1 facility lagoon in accordance with the construction plan and
2 Department recommendations is a business offense punishable
3 by a fine of not more than $5,000.
4 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
5 (510 ILCS 77/16)
6 (This Section may contain text from a Public Act with a
7 delayed effective date)
8 Sec. 16. Inspection of earthen livestock waste handling
9 facilities lagoons by Department. At least once each year
10 on a random basis, the Department shall inspect every earthen
11 livestock waste handling facility lagoon that services 500
12 1,000 or more animal units and is required to be registered
13 under this Act. The owner or operator of the livestock
14 waste handling facility lagoon or a certified livestock
15 manager must be present during the inspection. If the
16 owner, operator, or certified livestock manager is not
17 present at the scheduled date, time, and place of the
18 inspection, the inspection shall proceed in his or her
19 absence. The person making the inspection shall conduct a
20 visual inspection to determine only whether any of the
21 following are present: burrow holes, trees or woody
22 vegetation, proper freeboard, erosion, settling of the berm,
23 bermtop maintenance, leaks, and seepage. The person making
24 the inspection shall discuss with the owner, operator, or
25 certified livestock manager an evaluation of the livestock
26 waste handling facility's lagoon's current condition and
27 shall (i) provide on-site written recommendations to the
28 owner, operator, or certified livestock manager of what
29 corrective actions are necessary or (ii) inform the owner,
30 operator, or certified livestock manager that the facility
31 lagoon meets the standards set forth in this subsection.
32 The person making any inspection shall comply with
33 reasonable animal health protection procedures as requested
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1 by the owner, operator, or certified livestock manager.
2 The Department shall send official written notice of any
3 deficiencies to the owner or operator of the facility lagoon
4 by certified mail, return receipt requested. The owner or
5 operator and the Department shall enter into an agreement of
6 compliance setting forth the specific action and timetable to
7 correct the deficiencies. The person making the
8 reinspection shall notify the Department of the results of
9 the reinspection, and the Department shall take the
10 appropriate action under this Section. If the Department's
11 inspector finds a release or evidence of a release, the
12 Department shall immediately report such information to the
13 Agency.
14 For a first violation of this Section by the owner or
15 operator of a livestock management facility or livestock
16 waste handling facility, 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 Department finds
20 that the owner or operator of a livestock management facility
21 or livestock waste handling facility has committed a second
22 violation of this Section, the Department shall impose on the
23 owner or operator a civil administrative penalty in an amount
24 not exceeding $1,000. The Attorney General may bring an
25 action in the circuit court to enforce the collection of a
26 penalty imposed under this Section.
27 If after an administrative hearing the Department finds
28 that the owner or operator of a livestock management facility
29 or livestock waste handling facility has committed a third
30 violation of this Section, the Department shall enter an
31 administrative order directing that the owner or operator
32 cease operation of the facility until the violation is
33 corrected.
34 If a livestock management facility or livestock waste
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1 handling facility has not committed a violation of this
2 Section within the 5 years immediately preceding a violation,
3 the violation shall be construed and treated as a first
4 violation.
5 (Source: P.A. 90-565, eff. 6-1-98.)
6 (510 ILCS 77/17)
7 (This Section may contain text from a Public Act with a
8 delayed effective date)
9 Sec. 17. Financial responsibility. Owners of livestock
10 waste handling facilities new or modified lagoons registered
11 under the provisions of this Act shall establish and maintain
12 evidence of financial responsibility to provide for the
13 closure of the facilities lagoons and the proper disposal of
14 their contents within the time provisions outlined in this
15 Act. Financial responsibility may be evidenced by any
16 combination of the following:
17 (1) Commercial or private insurance;
18 (2) Guarantee;
19 (3) Surety bond;
20 (4) Letter of credit;
21 (5) Certificate of Deposit or designated savings
22 account;
23 (6) Participation in a livestock waste handling facility
24 lagoon closure fund managed by the Illinois Farm Development
25 Authority.
26 The level of surety required shall be determined by rule
27 and be based upon the volumetric capacity of the facility
28 lagoon. Surety instruments required under this Section
29 shall be required after the effective date of rules adopted
30 for the implementation of this Act.
31 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
32 (510 ILCS 77/20)
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1 (This Section may contain text from a Public Act with a
2 delayed effective date)
3 Sec. 20. Handling, storing and disposing of livestock
4 waste.
5 (a) The livestock management facility owner or operator
6 shall comply with the requirements for handling, storing, and
7 disposing of livestock wastes as set forth in the rules
8 adopted pursuant to the Illinois Environmental Protection Act
9 concerning agriculture related pollution.
10 (b) The livestock management facility owner or operator
11 at a facility of less than 500 1,000 animal units shall not
12 be required to prepare and maintain a waste management plan.
13 (c) The livestock management facility owner or operator
14 at a facility of 500 1,000 or greater animal units but less
15 than 5,000 7,000 animal units shall prepare and maintain on
16 file at the livestock management facility a general waste
17 management plan. Notwithstanding this requirement, a
18 livestock management facility subject to this subsection may
19 be operated on an interim basis but not to exceed 6 months
20 after the effective date of the rules promulgated pursuant to
21 this Act to allow for the owner or operator of the facility
22 to develop a waste management plan. The waste management
23 plan shall be available for inspection during normal business
24 hours by Department personnel.
25 (d) The livestock management facility owner or operator
26 at a facility of 5,000 7,000 or greater animal units shall
27 prepare, maintain, and submit to the Department the waste
28 management plan for approval. Approval of the waste
29 management plan shall be predicated on compliance with
30 provisions of subsection (f). The waste management plan shall
31 be approved by the Department before operation of the
32 facility or in the case of an existing facility, the waste
33 management plan shall be submitted within 60 working days
34 after the effective date of the rules promulgated pursuant to
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1 this Act.
2 The owner or operator of an existing livestock management
3 facility that through growth meets or exceeds 5,000 7,000
4 animal units shall file its waste management plan with the
5 Department within 60 working days after reaching the stated
6 animal units.
7 The owner or operator of a livestock management facility
8 that is subject to this subsection (d) shall file within 60
9 working days with the Department a revised waste management
10 plan when there is a significant change in items (1), (2), or
11 (10) of subsection (f) that will materially affect compliance
12 with the waste management plan.
13 (e) The waste management plan and records of livestock
14 waste disposal shall be kept on file for 5 three years.
15 (f) The application of livestock waste to the land is an
16 acceptable, recommended, and established practice in
17 Illinois. However, when livestock waste is not applied in a
18 responsible manner, it may create pollution pollutional
19 problems. It should be recognized that, in most cases, if
20 the agronomic nitrogen rate is met, the phosphorus applied
21 will exceed the crop requirements, but not all of the
22 phosphorus may be available for use by the crop. It will be
23 considered acceptable, therefore, to prepare and implement a
24 waste management plan based on the phosphorus, nitrogen, or
25 potassium rate, whichever is more limiting. The waste
26 management plan shall include the following:
27 (1) An estimate of the volume of waste to be
28 disposed of annually.
29 (2) The number of acres available for disposal of
30 the waste.
31 (3) An estimate of the nutrient value of the waste.
32 (4) An indication that the livestock waste will be
33 applied at rates not to exceed the agronomic phosphorus,
34 nitrogen, and potassium nitrogen demand of the crops to
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1 be grown when averaged over a 5-year period.
2 (5) A provision that livestock waste applied within
3 1/4 mile of any residence not part of the facility shall
4 be injected or incorporated on the day of application.
5 However, livestock management facilities and livestock
6 waste handling facilities that have irrigation systems in
7 operation prior to the effective date of this Act or
8 existing facilities applying waste on frozen ground are
9 not subject to the provisions of this item (5).
10 (6) A provision that livestock waste may not be
11 applied within 200 feet of surface water unless the water
12 is upgrade or there is adequate diking, and waste will
13 not be applied within 200 150 feet of potable water
14 supply wells.
15 (7) A provision that livestock waste may not be
16 applied in a 10-year flood plain unless the injection or
17 incorporation method of application is used.
18 (8) A provision that livestock waste may not be
19 applied in waterways.
20 (9) A provision that if waste is spread on frozen
21 or snow-covered land, the application will be limited to
22 land areas on which:
23 (A) land slopes are 5% or less, or
24 (B) adequate erosion control practices exist.
25 (10) Methods for disposal of animal waste.
26 (g) Any person who is required to prepare and maintain a
27 waste management plan and who fails to do so shall be issued
28 a warning letter by the Department for the first violation
29 and shall be given 30 working days to prepare a waste
30 management plan. For failure to prepare and maintain a waste
31 management plan, the person shall be fined an administrative
32 penalty of up to $1,000 by the Department and shall be
33 required to enter into an agreement of compliance to prepare
34 and maintain a waste management plan within 30 working days.
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1 For failure to prepare and maintain a waste management plan
2 after the second 30 day period or for failure to enter into a
3 compliance agreement, the Department may issue an operational
4 cease and 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 77/25)
7 (This Section may contain text from Public Act with a
8 delayed effective date)
9 Sec. 25. Odor control.
10 (a) Operators of livestock waste handling facilities
11 shall practice odor control methods during the course of
12 manure removal and field application. Odor control methods
13 shall be those methods identified in the rules adopted
14 pursuant to the Illinois Environmental Protection Act
15 concerning agriculture related pollution.
16 (b) Every single-stage livestock waste handling facility
17 lagoon constructed after the effective date of this
18 amendatory Act of 1998 1997 shall comply with the following
19 operational guidelines:
20 (1) In operation, the facility lagoon must be
21 maintained at not less than the minimum design volume.
22 (2) If applicable, the livestock waste supply to the
23 facility lagoon must be below the minimum design volume
24 level.
25 (3) The livestock waste storage capacity of the
26 facility lagoon must be greater than 270 days.
27 (c) Above-ground livestock waste holding structures must
28 be operated using odor control management guidelines based on
29 scientific peer review accepted by the Department and
30 determined to be economically feasible to the specific
31 operation.
32 (d) For a first violation of this Section by the owner
33 or operator of a livestock management facility or livestock
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1 waste handling facility, the Department shall send the owner
2 or operator a written notice of the violation by certified
3 mail, return receipt requested.
4 If after an administrative hearing the Department finds
5 that the owner or operator of a livestock management facility
6 or livestock waste handling facility has committed a second
7 violation of this Section, the Department shall impose on the
8 owner or operator a civil administrative penalty in an amount
9 not exceeding $1,000. The Attorney General may bring an
10 action in the circuit court to enforce the collection of a
11 penalty imposed under this Section.
12 If after an administrative hearing the Department finds
13 that the owner or operator of a livestock management facility
14 or livestock waste handling facility has committed a third
15 violation of this Section, the Department shall enter an
16 administrative order directing that the owner or operator
17 cease operation of the facility until the violation is
18 corrected.
19 If a livestock management facility or livestock waste
20 handling facility has not committed a violation of this
21 Section within the 5 years immediately preceding a violation,
22 the violation shall be construed and treated as a first
23 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 livestock earthen 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 non-farm residence and 1/2 mile
8 from the nearest populated area.
9 (4) For a livestock management facility or
10 livestock waste handling facility serving 1,000 or
11 greater but less than 7,000 animal units, the setback is
12 as follows:
13 (A) For a populated area, the minimum setback
14 shall be increased 440 feet over the minimum setback
15 of 1/2 mile for each additional 1,000 animal units
16 over 1,000 animal units.
17 (B) For any occupied residence, the minimum
18 setback shall be increased 220 feet over the minimum
19 setback of 1/4 mile for each additional 1,000 animal
20 units over 1,000 animal units.
21 (5) For a livestock management facility or
22 livestock waste handling facility serving 7,000 or
23 greater animal units, the setback is as follows:
24 (A) For a populated area, the minimum setback
25 shall be 1 mile.
26 (B) For any occupied residence, the minimum
27 setback shall be 1/2 mile.
28 (d) Requirements governing the location of a new
29 livestock management facility and new livestock
30 waste-handling facility and conditions for exemptions or
31 compliance with the maximum feasible location as provided in
32 rules adopted pursuant to the Illinois Environmental
33 Protection Act concerning agriculture regulated pollution
34 shall apply to those facilities identified in subsections (b)
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1 and (c) of this Section. With regard to the maximum feasible
2 location requirements, any reference to a setback distance in
3 the rules under the Illinois Environmental Protection Act
4 shall mean the appropriate distance as set forth in this
5 Section.
6 (e) Setback category shall be determined by the design
7 capacity in animal units of the livestock management
8 facility.
9 (f) Setbacks may be decreased when innovative designs as
10 approved by the Department are incorporated into the
11 facility.
12 (g) A setback may be decreased when waivers are obtained
13 from owners of residences that are occupied and located in
14 the setback area.
15 (Source: P.A. 89-456, eff. 5-21-96.)
16 (510 ILCS 77/36 new)
17 Sec. 36. Construction in flood plain and other areas;
18 prohibition. After the effective date of this amendatory Act
19 of 1998, no livestock management facility or livestock waste
20 handling facility of 500 or greater animal units shall be
21 constructed in (i) the 100-year flood plain, (ii) any area
22 with karst topography, or (iii) any area where the seasonal
23 high water table is 5 feet or less below the bottom of the
24 livestock management facility or the livestock waste handling
25 facility.
26 (510 ILCS 77/51 new)
27 Sec. 51. Joint and several liability. All owners,
28 operators, and controlling persons of a livestock management
29 facility of a livestock waste handling facility shall be
30 jointly and severally liable for penalties or damages to
31 private or public property resulting from violations of Title
32 35, Subtitle E of the Environmental Protection Act and from
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1 violations of this Act. For the purposes of this Section,
2 "controlling person" includes any person who, through
3 contract or otherwise, participates in the management of a
4 facility unless the person is a natural person who is an
5 employee of the owner or operator.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law, except that Section 20 takes effect on June 1,
8 1998.".