[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ House Amendment 004 ] | [ House Amendment 005 ] | [ Senate Amendment 001 ] |
90_SB1707sam003
LRB9007910LDdvam01
1 AMENDMENT TO SENATE BILL 1707
2 AMENDMENT NO. . Amend Senate Bill 1707, AS AMENDED,
3 after Section 15 by inserting the following:
4 "Section 20. The Livestock Management Facilities Act is
5 amended by changing Section 20 and by adding Sections 11, 12,
6 13, 14, and 65 as follows:
7 (510 ILCS 77/11 new)
8 Sec. 11. Livestock management facilities; new
9 construction.
10 (a) The owner or operator of a new livestock management
11 facility serving 1,000 or greater animal units shall send, by
12 certified mail or in person, to the Department a notice of
13 intent to construct a new livestock management facility. The
14 notice of intent to construct a new livestock management
15 facility shall contain the following:
16 (1) The names and addresses of the owners and the
17 operators of the facility.
18 (2) Location information of the proposed facility
19 identified on a plat book, Farm Service Administration
20 aerial photo, or owner or operator drawing including:
21 (A) the location and distance to the nearest
22 populated area;
-2- LRB9007910LDdvam01
1 (B) the location and distance to the closest
2 occupied private residence other than a residence
3 occupied by the owner or operator;
4 (C) the location and distance to the nearest
5 stream; and
6 (D) the location and distance to the nearest
7 private or public potable well.
8 (3) A general description of the livestock
9 management facility including the livestock waste
10 handling facility, if applicable, the type of livestock,
11 and the design capacity of the livestock management
12 facility in animal units.
13 (4) The anticipated beginning and ending dates of
14 construction.
15 (5) When a livestock waste handling facility is
16 being constructed as part of the new livestock management
17 facility, the design specifications of the livestock
18 waste handling structure associated with the livestock
19 management facility.
20 (b) Beginning on the effective date of this amendatory
21 Act of 1998, within 7 days after receiving a form giving
22 notice of intent to construct a new livestock management
23 facility of 1,000 or greater animal units, the Department
24 shall send a copy of the notice form to the county board of
25 the county in which the facility is or will be located.
26 After receiving a copy of the notice from the Department,
27 the county board may, at its discretion and within 30 days of
28 receipt of the notice, request that the Department conduct an
29 informational meeting concerning the proposed construction.
30 The Department shall conduct the meeting within 15 days of
31 the county board's request. If the Department conducts a
32 meeting, the Department shall publish notice of the meeting
33 in a newspaper of general circulation in the county or in the
34 State newspaper at least 10 days before the meeting. The
-3- LRB9007910LDdvam01
1 owner or operator who submitted the notice of intent to
2 construct to the Department shall appear at the meeting. At
3 the meeting, the Department shall give members of the public
4 an opportunity to ask questions and to present oral or
5 written comments concerning the proposed construction.
6 (c) The date a notice of intent to construct a new
7 livestock management facility or livestock waste handling
8 facility is filed shall be used as the date for determining
9 the initial setbacks under Section 35 of this Act.
10 (d) For the purposes of this Section and Section 35, the
11 following shall not be considered as construction of a new
12 livestock management facility or new livestock waste handling
13 facility: (i) any construction to replace an existing
14 livestock management facility, livestock waste handling
15 facility, or any portion of an existing livestock management
16 facility or livestock waste handling facility that was
17 destroyed by fire or by natural disaster as long as the
18 reconstruction is completed within 10 years of the fire or
19 disaster and the reconstruction is not a new facility as
20 defined in Section 10.45 of this Act, or (ii) any future
21 construction of a livestock management facility or livestock
22 waste handling facility at an existing livestock management
23 facility or livestock waste handling facility that is not a
24 new facility as defined in Section 10.45 of this Act.
25 (510 ILCS 77/12 new)
26 Sec. 12. Livestock waste handling facilities other than
27 earthen livestock waste lagoons.
28 (a) After the effective date of this amendatory Act of
29 1998, livestock waste handling facilities other than earthen
30 livestock waste lagoons used for the storage of livestock
31 waste shall be constructed in accordance with this Section.
32 The livestock waste handling facility owner may rely on
33 guidance from the county Soil and Water Conservation
-4- LRB9007910LDdvam01
1 District, the United States Department of Agriculture Natural
2 Resources Conservation Service, or the University of Illinois
3 Cooperative Extension Service for soil type and water table
4 level information.
5 On soils where high water (vadose water) is a concern or
6 where the soil does not meet the recommended allowable soil
7 bearing strength and load factor as set in the Midwest Plan
8 Services Handbook (MWPS-36) and future updates, footings and
9 underlying structure support shall be incorporated into the
10 design standards of the storage structure in accordance with
11 the requirements of Section 4.1 of the American Society of
12 Agricultural Engineers (ASAE EP393.2) and future updates.
13 (1) Livestock waste handling facilities constructed
14 of concrete shall meet the strength and load factors set
15 forth in the Midwest Plan Service's Concrete Manure
16 Storage Handbook (MWPS-36) and future updates. In
17 addition, those structures shall meet the following
18 requirements:
19 (A) Waterstops shall be incorporated into the
20 design of the storage structure when consistent
21 with the requirements of paragraph (1) of this
22 subsection;
23 (B) Storage structures that handle waste in a
24 liquid form shall be designed to contain a volume
25 of not less than the amount of waste generated
26 during 150 days of facility operation at design
27 capacity; and
28 (C) Storage structures not covered or
29 otherwise protected from precipitation shall, in
30 addition to the waste storage volume requirements of
31 item (B) of paragraph (1) of this subsection,
32 include a 2-foot freeboard.
33 (2) A livestock waste handling facility in a
34 prefabricated form shall meet the strength, load, and
-5- LRB9007910LDdvam01
1 compatibility factors for its intended use. Those
2 factors shall be verified by the manufacturer's
3 specifications.
4 (3) Livestock waste handling facilities holding
5 semi-solid livestock waste, including but not limited to
6 picket dam structures, shall be constructed according to
7 the requirements set forth in the Midwest Plan Service's
8 Livestock Waste Facilities Handbook (MWPS-18) and future
9 updates or similar standards used by the Natural
10 Resources Conservation Service of the United States
11 Department of Agriculture.
12 (4) Livestock waste handling facilities holding
13 solid livestock waste shall be constructed according to
14 the requirements set forth in the Midwest Plan Service's
15 Livestock Waste Facilities Handbook (MWPS-18) and future
16 updates or similar standards used by the Natural
17 Resources Conservation Service of the United States
18 Department of Agriculture. In addition, solid livestock
19 waste stacking structures shall be sized to store not
20 less than the amount of waste generated during 6 months
21 of facility operation at design capacity.
22 (5) Holding ponds, used for the temporary storage
23 of livestock feedlot run-off, shall be constructed
24 according to the requirements set forth in the Midwest
25 Plan Service's Livestock Waste Facilities Handbook
26 (MWPS-18) and future updates or similar standards used by
27 the Natural Resources Conservation Service of the United
28 States Department of Agriculture.
29 No other requirements may be imposed on the construction
30 or operation of a livestock management facility or waste
31 handling facility other than an earthen livestock waste
32 lagoon except as provided in this Act. The owner or operator
33 of the livestock management facility or livestock waste
34 handling facility may elect to exceed the strength and load
-6- LRB9007910LDdvam01
1 requirements.
2 (b) The owner or operator of the livestock waste
3 handling facility shall send by certified mail, or deliver in
4 person, to the Department a notice of intent to construct a
5 livestock waste handling structure, other than an earthen
6 livestock waste lagoon. The notice of intent to construct a
7 livestock waste handling structure shall contain the
8 following:
9 (1) The names and addresses of the owners and
10 operators of the livestock waste handling facility.
11 (2) Location information on the proposed waste
12 handling facility identified on a plat book, Farm Service
13 Administration aerial photo, or owner or operator drawing
14 including:
15 (A) the location and distance to the nearest
16 populated area;
17 (B) the location and distance to the closest
18 occupied private residence other than a residence
19 occupied by the owner or operator;
20 (C) the location and distance to the nearest
21 stream; and
22 (D) the location and distance to the nearest
23 private or public potable well.
24 (3) A blueprint of the livestock waste handling
25 structure with design specifications of the structure
26 noted as prepared by or for the owner or operator.
27 (4) The anticipated beginning and ending dates of
28 construction.
29 (5) A general description of the livestock waste
30 handling structure (such as a pit located under animal
31 housing structure, slurry store, or solid waste holding
32 structure) and the type and animal units of the livestock
33 it serves.
34 On receipt of the notice of intent to construct form, the
-7- LRB9007910LDdvam01
1 Department shall review the form to determine that all
2 required information has been provided. The Department
3 shall, within 15 business days, notify the person submitting
4 the notice that construction may begin or that clarification
5 information is needed. Except for new livestock management
6 facilities that are subject to the provision of Section 11 of
7 this Act, construction may begin no sooner than 15 business
8 days after submission of the notice of intent to construct
9 form or the clarification information.
10 In the case of a delayed construction date, the owner or
11 operator of the livestock waste handling facility may file,
12 for the purpose of giving notice of the intent to construct
13 and the establishment of setbacks or compliance with the
14 Agency's maximum feasible distance, 35 Ill. Admin. Code 501,
15 a notice of intent to construct a livestock waste handling
16 structure containing the information required under
17 paragraphs (1), (2), (4), and (5) of this subsection (b).
18 The information required in paragraph (3) of this subsection
19 (b) shall be filed with the Department no less than 15
20 business days before the commencement of construction.
21 (c) A livestock waste handling facility that serves a
22 new livestock management facility of 1,000 or more animal
23 units shall be subject to Section 11 of this Act.
24 (d) The owner or operator of the livestock management
25 facility or livestock waste handling facility shall send, by
26 certified mail or in person, to the Department a
27 certification of compliance, together with copies of
28 verification documents upon completion of construction. In
29 the case of structures constructed with the design standards
30 used by the Natural Resources Conservation Service of the
31 United States Department of Agriculture, copies of the design
32 standards and a statement of verification signed by a
33 representative of the United States Department of Agriculture
34 shall accompany the owner's or operator's certification of
-8- LRB9007910LDdvam01
1 compliance. The certification shall state that the structure
2 meets or exceeds the requirements in subsection (a) of this
3 Section. A $50 filing fee shall accompany the statement.
4 The owner or operator may begin using the storage structure
5 no earlier than 10 business days after submitting the
6 certification to the Department.
7 (e) The Department shall inspect, to the extent it deems
8 necessary, the construction site prior to construction,
9 during construction, and within 10 business days following
10 receipt of the certification of compliance to determine
11 compliance with the construction standards and to determine
12 that the proposed construction location will be in compliance
13 with setback distances or, in the case of construction that
14 is not a new livestock management facility or waste handling
15 facility, with the maximum feasible location requirements of
16 the Agency's Agriculture Related Pollution regulations, 35
17 Ill. Admin. Code 501.
18 (f) The Department shall seek an injunction in circuit
19 court to prohibit the operation of the facility until
20 construction of the livestock waste handling facility is in
21 compliance with the provisions of this Section.
22 (g) Any person who fails to file a notice of intent to
23 construct form with the Department is guilty of a petty
24 offense and shall be fined $500.
25 (510 ILCS 77/13 new)
26 Sec. 13. Enforcement. The provisions of Sections 11 and
27 12 and the amendments to Section 20 made by this amendatory
28 Act of 1998 shall be enforced by the Department beginning on
29 the effective date of this amendatory Act of 1998.
30 (510 ILCS 77/14 new)
31 Sec. 14. Verification to proceed with construction. The
32 Department shall forthwith provide verification to a
-9- LRB9007910LDdvam01
1 livestock management facility or a livestock waste handling
2 facility authorizing it to begin construction if the
3 livestock management facility or livestock waste handling
4 facility has met or exceeded all of the provisions set forth
5 in this Act. Construction shall not begin until the
6 Department has made that verification.
7 (510 ILCS 77/20)
8 (Text of Section before amendment by P.A. 90-565)
9 Sec. 20. Handling, storing and disposing of livestock
10 waste.
11 (a) The livestock management facility owner or operator
12 shall comply with the requirements for handling, storing, and
13 disposing of livestock wastes as set forth in the rules
14 adopted pursuant to the Illinois Environmental Protection Act
15 concerning agriculture related pollution.
16 (b) The livestock management facility owner or operator
17 at a facility of less than 1,000 animal units shall not be
18 required to prepare and maintain a waste management plan.
19 (c) The livestock management facility owner or operator
20 at a facility of 1,000 or greater animal units but less than
21 7,000 animal units shall prepare and maintain on file at the
22 livestock management facility a general waste management
23 plan. Notwithstanding this requirement, a livestock
24 management facility subject to this subsection may be
25 operated on an interim basis but not to exceed 6 months after
26 the effective date of the rules promulgated pursuant to this
27 Act to allow for the owner or operator of the facility to
28 develop a waste management plan. The waste management plan
29 shall be available for inspection during normal business
30 hours by Department personnel.
31 (d) The livestock management facility owner or operator
32 at a facility of 7,000 or greater animal units shall prepare,
33 maintain, and submit to the Department the waste management
-10- LRB9007910LDdvam01
1 plan for approval. Approval of the waste management plan
2 shall be predicated on compliance with provisions of
3 subsection (f). The waste management plan shall be approved
4 by the Department before operation of the facility or in the
5 case of an existing facility, the waste management plan shall
6 be submitted within 60 working days after the effective date
7 of the rules promulgated pursuant to this Act.
8 The owner or operator of an existing livestock management
9 facility that through growth meets or exceeds 7,000 animal
10 units shall file its waste management plan with the
11 Department within 60 working days after reaching the stated
12 animal units.
13 The owner or operator of a livestock management facility
14 that is subject to this subsection (d) shall file within 60
15 working days with the Department a revised waste management
16 plan when there is a significant change as stated in
17 subsection (e) in items (1), (2), or (10) of subsection (f)
18 that will materially affect compliance with the waste
19 management plan.
20 (d-5) Waste management plan requirement for multiple
21 livestock management facilities under common ownership. The
22 owner or operator of multiple livestock management facilities
23 under common facility ownership where the cumulative animal
24 units of the facilities are equal to or greater than the
25 animal unit numbers of subsection (c) of this Section shall
26 prepare and keep on file at each facility a waste management
27 plan in accordance with the requirements of subsection (c).
28 The owner or operator of multiple livestock management
29 facilities that are under common facility ownership where the
30 cumulative animal units of the facilities are equal to or
31 greater than the animal unit numbers in subsection (d) of
32 this Section shall prepare and file with the Department a
33 waste management plan in accordance with the provisions of
34 subsection (d). Cumulative animal units shall be determined
-11- LRB9007910LDdvam01
1 by combining the animal units of multiple livestock
2 management facilities under common facility ownership based
3 upon the design capacity of each facility.
4 For the purposes of this subsection (d-5), "under common
5 facility ownership" means the same person or persons own at
6 least 51% of the entity that owns the buildings housing the
7 livestock and that the facilities are located in the State of
8 Illinois.
9 (e) Revising a waste management plan and waste disposal
10 records. The owner or operator of a livestock management
11 facility shall update the waste management plan when there is
12 change in the values shown in the plan in item (1) of
13 subsection (f) of this Section. The waste management plan
14 shall also be revised when there is a change in the method of
15 disposal of animal waste or when the available nitrogen
16 value exceeds the variability range for nitrogen set forth
17 in subsection (f) of this Section. The waste management plan
18 and records of livestock waste disposal shall be kept on file
19 for 3 three years.
20 (f) The application of livestock waste to the land is an
21 acceptable, recommended, and established practice in
22 Illinois. However, when livestock waste is not applied in a
23 responsible manner, it may create pollutional problems. It
24 should be recognized that, in most cases, if the agronomic
25 nitrogen rate is met, the phosphorus applied will exceed the
26 crop requirements, but not all of the phosphorus may be
27 available for use by the crop. It will be considered
28 acceptable, therefore, to prepare and implement a waste
29 management plan based on the nitrogen rate. The waste
30 management plan shall include the following:
31 (1) An estimate of the volume of livestock waste to
32 be disposed of annually obtained by multiplying the
33 design capacity of the facility times the appropriate
34 amount of waste generated by the animals. The values
-12- LRB9007910LDdvam01
1 showing the amount of waste generated in Table 2-1,
2 Midwest Plan Services, MWPS-18, Livestock Waste
3 Facilities Handbook may be used.
4 (2) The number of acres available for disposal of
5 the waste.
6 (3) An estimate of the nutrient value of the waste.
7 The owner or operator may prepare and maintain a plan
8 based on table values derived from Midwest Plan Services,
9 MWPS-18, Livestock Waste Facilities Handbook, the
10 Agency's Agriculture Related Pollution regulations, or
11 the results of analysis performed on samples of waste.
12 For the purposes of compliance with this subsection, the
13 nutrient values of livestock waste may vary as indicated
14 in the source table. In the case of laboratory
15 analytical results, the nutrient values may vary with the
16 accuracy of the analytical method.
17 (4) An indication that the livestock waste will be
18 applied at rates not to exceed the agronomic nitrogen
19 demand of the crops to be grown when averaged over a
20 5-year period.
21 (5) A provision that livestock waste applied within
22 1/4 mile of any residence not part of the facility shall
23 be injected or incorporated on the day of application.
24 However, livestock management facilities and livestock
25 waste handling facilities that have irrigation systems in
26 operation prior to the effective date of this Act or
27 existing facilities applying waste on frozen ground are
28 not subject to the provisions of this item (5).
29 (6) A provision that livestock waste may not be
30 applied within 200 feet of surface water unless the water
31 is upgrade or there is adequate diking, and waste will
32 not be applied within 150 feet of potable water supply
33 wells.
34 (7) A provision that livestock waste may not be
-13- LRB9007910LDdvam01
1 applied in a 10-year flood plain unless the injection or
2 incorporation method of application is used.
3 (8) A provision that livestock waste may not be
4 applied in waterways.
5 (9) A provision that if waste is spread on frozen
6 or snow-covered land, the application will be limited to
7 land areas on which:
8 (A) land slopes are 5% or less, or
9 (B) adequate erosion control practices exist.
10 (10) Methods for disposal of animal waste.
11 (g) Any person who is required to prepare and maintain a
12 waste management plan and who fails to do so shall be issued
13 a warning letter by the Department for the first violation
14 and shall be given 30 working days to prepare a waste
15 management plan. For failure to prepare and maintain a waste
16 management plan, the person shall be fined an administrative
17 penalty of up to $500 by the Department and shall be required
18 to enter into an agreement of compliance to prepare and
19 maintain a waste management plan within 30 working days. For
20 failure to prepare and maintain a waste management plan after
21 the second 30 day period or for failure to enter into a
22 compliance agreement, the Department may issue an operational
23 cease and desist order until compliance is attained.
24 (Source: P.A. 89-456, eff. 5-21-96.)
25 (Text of Section after amendment by P.A. 90-565)
26 Sec. 20. Handling, storing and disposing of livestock
27 waste.
28 (a) The livestock management facility owner or operator
29 shall comply with the requirements for handling, storing, and
30 disposing of livestock wastes as set forth in the rules
31 adopted pursuant to the Illinois Environmental Protection Act
32 concerning agriculture related pollution.
33 (b) The livestock management facility owner or operator
34 at a facility of less than 1,000 animal units shall not be
-14- LRB9007910LDdvam01
1 required to prepare and maintain a waste management plan.
2 (c) The livestock management facility owner or operator
3 at a facility of 1,000 or greater animal units but less than
4 7,000 animal units shall prepare and maintain on file at the
5 livestock management facility a general waste management
6 plan. Notwithstanding this requirement, a livestock
7 management facility subject to this subsection may be
8 operated on an interim basis but not to exceed 6 months after
9 the effective date of the rules promulgated pursuant to this
10 Act to allow for the owner or operator of the facility to
11 develop a waste management plan. The waste management plan
12 shall be available for inspection during normal business
13 hours by Department personnel.
14 (d) The livestock management facility owner or operator
15 at a facility of 7,000 or greater animal units shall prepare,
16 maintain, and submit to the Department the waste management
17 plan for approval. Approval of the waste management plan
18 shall be predicated on compliance with provisions of
19 subsection (f). The waste management plan shall be approved
20 by the Department before operation of the facility or in the
21 case of an existing facility, the waste management plan shall
22 be submitted within 60 working days after the effective date
23 of the rules promulgated pursuant to this Act.
24 The owner or operator of an existing livestock management
25 facility that through growth meets or exceeds 7,000 animal
26 units shall file its waste management plan with the
27 Department within 60 working days after reaching the stated
28 animal units.
29 The owner or operator of a livestock management facility
30 that is subject to this subsection (d) shall file within 60
31 working days with the Department a revised waste management
32 plan when there is a significant change stated in subsection
33 (e) of this Section in items (1), (2), or (10) of subsection
34 (f) that will materially affect compliance with the waste
-15- LRB9007910LDdvam01
1 management plan.
2 (d-5) Waste management plan requirement for multiple
3 livestock management facilities under common ownership. The
4 owner or operator of multiple livestock management facilities
5 that are under common facility ownership where the cumulative
6 animal units of the facilities are equal to or greater than
7 the animal unit numbers of subsection (c) of this Section
8 shall prepare and keep on file at each facility a waste
9 management plan in accordance with the requirements of
10 subsection (c). The owner or operator of multiple livestock
11 management facilities that are under common facility
12 ownership where the cumulative animal units of the
13 facilities are equal to or greater than the animal unit
14 numbers in subsection (d) of this Section shall prepare and
15 file with the Department a waste management plan in
16 accordance with the provisions of subsection (d). Cumulative
17 animal units shall be determined by combining the animal
18 units of multiple livestock management facilities under
19 common facility ownership based upon the design capacity of
20 each facility.
21 For the purposes of this subsection (d-5), "under common
22 facility ownership" means that the same person or persons own
23 at least 51% of the entity that owns the buildings housing
24 the livestock and that the facilities are located in the
25 State of Illinois.
26 (e) Revising a waste management plan and waste disposal
27 records. The owner or operator of a livestock management
28 facility shall update the waste management plan when there is
29 a change in the values shown in the plan in item (1) of
30 subsection (f) of this Section. The waste management plan
31 shall also be revised when there is a change in the method of
32 disposal of animal waste or when the available nitrogen
33 value exceeds the variability range for nitrogen set forth
34 in subsection (f) of this Section. The waste management plan
-16- LRB9007910LDdvam01
1 and records of livestock waste disposal shall be kept on file
2 for 3 three years.
3 (f) The application of livestock waste to the land is an
4 acceptable, recommended, and established practice in
5 Illinois. However, when livestock waste is not applied in a
6 responsible manner, it may create pollutional problems. It
7 should be recognized that, in most cases, if the agronomic
8 nitrogen rate is met, the phosphorus applied will exceed the
9 crop requirements, but not all of the phosphorus may be
10 available for use by the crop. It will be considered
11 acceptable, therefore, to prepare and implement a waste
12 management plan based on the nitrogen rate. The waste
13 management plan shall include the following:
14 (1) An estimate of the volume of livestock waste to
15 be disposed of annually obtained by multiplying the
16 design capacity times the appropriate amount of waste
17 generated by the animals. The values showing the amount
18 of waste generated in Table 2-1, Midwest Plan Services,
19 MWPS-18, Livestock Waste Facilities Handbook may be
20 used.
21 (2) The number of acres available for disposal of
22 the waste.
23 (3) An estimate of the nutrient value of the waste.
24 The owner or operator may prepare and maintain a plan
25 based on table values derived from Midwest Plan Services,
26 MWPS-18, Livestock Waste Facilities Handbook, the
27 Agency's Agriculture Related Pollution regulations, or
28 the results of analysis performed on samples of waste.
29 For the purposes of compliance with this subsection, the
30 nutrient values of livestock waste may vary as indicated
31 in the source table. In the case of laboratory
32 analytical results, the nutrient values may vary with the
33 accuracy of the analytical method.
34 (4) An indication that the livestock waste will be
-17- LRB9007910LDdvam01
1 applied at rates not to exceed the agronomic nitrogen
2 demand of the crops to be grown when averaged over a
3 5-year period.
4 (5) A provision that livestock waste applied within
5 1/4 mile of any residence not part of the facility shall
6 be injected or incorporated on the day of application.
7 However, livestock management facilities and livestock
8 waste handling facilities that have irrigation systems in
9 operation prior to the effective date of this Act or
10 existing facilities applying waste on frozen ground are
11 not subject to the provisions of this item (5).
12 (6) A provision that livestock waste may not be
13 applied within 200 feet of surface water unless the water
14 is upgrade or there is adequate diking, and waste will
15 not be applied within 150 feet of potable water supply
16 wells.
17 (7) A provision that livestock waste may not be
18 applied in a 10-year flood plain unless the injection or
19 incorporation method of application is used.
20 (8) A provision that livestock waste may not be
21 applied in waterways.
22 (9) A provision that if waste is spread on frozen
23 or snow-covered land, the application will be limited to
24 land areas on which:
25 (A) land slopes are 5% or less, or
26 (B) adequate erosion control practices exist.
27 (10) Methods for disposal of animal waste.
28 (g) Any person who is required to prepare and maintain a
29 waste management plan and who fails to do so shall be issued
30 a warning letter by the Department for the first violation
31 and shall be given 30 working days to prepare a waste
32 management plan. For failure to prepare and maintain a waste
33 management plan, the person shall be fined an administrative
34 penalty of up to $1,000 by the Department and shall be
-18- LRB9007910LDdvam01
1 required to enter into an agreement of compliance to prepare
2 and maintain a waste management plan within 30 working days.
3 For failure to prepare and maintain a waste management plan
4 after the second 30 day period or for failure to enter into a
5 compliance agreement, the Department may issue an operational
6 cease and desist order until compliance is attained.
7 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
8 (510 ILCS 77/65 new)
9 Sec. 65. Joint and several liability. Notwithstanding
10 any other law to the contrary, and notwithstanding any
11 contractual provision to the contrary, all persons or
12 entities who contract with an owner or operator of a
13 livestock management facility or livestock waste handling
14 facility for the purpose of producing livestock shall be
15 jointly and severally liable for illegal discharges of
16 livestock waste and for pollution resulting from the illegal
17 discharges of livestock waste from that facility.
18 Section 95. No acceleration or delay. Where this Act
19 makes changes in a statute that is represented in this Act by
20 text that is not yet or no longer in effect (for example, a
21 Section represented by multiple versions), the use of that
22 text does not accelerate or delay the taking effect of (i)
23 the changes made by this Act or (ii) provisions derived from
24 any other Public Act.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".