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91_HB0988eng HB0988 Engrossed 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 13pursuant tothe 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 HB0988 Engrossed -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 consideredconstrued and treated asa 22 first violation. 23 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)