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91_HB0988
LRB9103783DHmg
1 AN ACT to amend the Livestock Management Facilities Act
2 by changing Section 25.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Livestock Management Facilities Act is
6 amended by changing Section 25 as follows:
7 (510 ILCS 77/25)
8 Sec. 25. Odor control.
9 (a) Operators of livestock waste handling facilities
10 shall practice odor control methods during the course of
11 manure removal and field application. Odor control methods
12 shall be those methods identified in the rules adopted under
13 pursuant to the Illinois Environmental Protection Act
14 concerning agriculture related pollution.
15 (b) Every single-stage livestock waste lagoon constructed
16 after the effective date of this amendatory Act of 1997 shall
17 comply with the following operational guidelines:
18 (1) In operation, the lagoon must be maintained at
19 not less than the minimum design volume.
20 (2) The livestock waste supply to the lagoon must be
21 below the minimum design volume level.
22 (3) The livestock waste storage capacity of the
23 lagoon must be greater than 270 days.
24 (c) Above-ground livestock waste holding structures must
25 be operated using odor control management guidelines based on
26 scientific peer review accepted by the Department and
27 determined to be economically feasible to the specific
28 operation.
29 (d) For a first violation of this Section by the owner
30 or operator of a livestock management facility or livestock
31 waste handling facility, the Department shall send the owner
-2- LRB9103783DHmg
1 or operator a written notice of the violation by certified
2 mail, return receipt requested.
3 If after an administrative hearing the Department finds
4 that the owner or operator of a livestock management facility
5 or livestock waste handling facility has committed a second
6 violation of this Section, the Department shall impose on the
7 owner or operator a civil administrative penalty in an amount
8 not exceeding $1,000. The Attorney General may bring an
9 action in the circuit court to enforce the collection of a
10 penalty imposed under this Section.
11 If after an administrative hearing the Department finds
12 that the owner or operator of a livestock management facility
13 or livestock waste handling facility has committed a third
14 violation of this Section, the Department shall enter an
15 administrative order directing that the owner or operator
16 cease operation of the facility until the violation is
17 corrected.
18 If a livestock management facility or livestock waste
19 handling facility has not committed a violation of this
20 Section within the 5 years immediately preceding a violation,
21 the violation shall be considered construed and treated as a
22 first violation.
23 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)