[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0110
SB1199 Enrolled LRB9102177LDmbA
AN ACT to amend the Livestock Management Facilities Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Livestock Management Facilities Act is
amended by changing Sections 15, 20, 35, and 55 and adding
Sections 10.24, 10.26, 11, 12, 12.1, 13, and 18 as follows:
(510 ILCS 77/10.24 new)
Sec. 10.24. Karst Area. "Karst area" means an area with
a land surface containing sinkholes, large springs, disrupted
land drainage, and underground drainage systems associated
with karstified carbonate bedrock and caves or a land surface
without these features but containing a karstified carbonate
bedrock unit generally overlain by less than 60 feet of
unconsolidated materials.
(510 ILCS 77/10.26 new)
Sec. 10.26. Karstified carbonate bedrock. "Karstified
carbonate bedrock" means a carbonate bedrock unit (limestone
or dolomite) that has a pronounced conduit or secondary
porosity due to dissolution of the rock along joints,
fractures, or bedding plains.
(510 ILCS 77/11 new)
Sec. 11. Filing notice of intent to construct and
construction data; registration of facilities.
(a) An owner or operator shall file a notice of intent
to construct for a livestock management facility or livestock
waste handling facility with the Department prior to
construction to establish a base date, which shall be valid
for one year, for determination of setbacks in compliance
with setback distances or, in the case of construction that
is not a new facility, with the maximum feasible location
requirements of Section 35 of this Act.
(b) For a livestock waste handling facility that is not
subject to Section 12 of this Act, a construction plan of the
waste handling structure with design specifications of the
structure noted as prepared by or for the owner or operator
shall be filed with the Department at least 10 calendar days
prior to the anticipated dates of construction. Upon receipt
of the notice of intent to construct form or the construction
plan, the Department shall review the documents to determine
if all information has been submitted or if clarification is
needed. The Department shall, within 15 calendar days of
receipt of a notice of intent to construct or the
construction plan, notify the owner or operator that
construction may begin or that clarification is needed.
(c) For a livestock waste handling facility that is
subject to Section 12 of this Act, a completed registration
shall be filed with the Department at least 37 calendar days
prior to the anticipated dates of construction. The
registration shall include the following: (i) the name and
address of the owner and operator of the livestock waste
handling facility; (ii) a general description of the
livestock waste handling structure and the type and number of
the animal units of livestock it serves; (iii) the
construction plan of the waste handling structure with design
specifications of the structure noted as prepared by or for
the owner or operator, and (iv) anticipated dates of
construction. The Department shall, within 15 calendar days
of receipt of the registration form, notify the person
submitting the form that the registration is complete or that
clarification information is needed.
(d) Any owner or operator who fails to file a notice of
intent to construct form or construction plans with the
Department prior to commencing construction, upon being
discovered by the Department, shall be subject to an
administrative hearing by the Department. The administrative
law judge, upon determination of a failure to file the
appropriate form, shall impose a civil administrative penalty
in an amount no more than $1,000 and shall enter an
administrative order directing that the owner or operator
file the appropriate form within 10 business days after
receiving notice from the Department. If, after receiving
the administrative law judge's order to file, the owner or
operator fails to file the appropriate form with the
Department, the Department shall impose a civil
administrative penalty in an amount no less than $1,000 and
no more than $2,500 and shall enter an administrative order
prohibiting the operation of the facility until the owner or
operator is in compliance with this Act. Penalties under this
subsection (d) not paid within 60 days of notice from the
Department shall be submitted to the Attorney General's
office or an approved private collection agency.
(510 ILCS 77/12 new)
Sec. 12. Public informational meeting; lagoons and
non-lagoon structures.
(a) Beginning on the effective date of this amendatory
Act of 1999, within 7 days after receiving a form giving
notice of intent to construct (i) a new livestock management
facility or livestock waste handling facility serving 1,000
or more animal units that does not propose to utilize a
lagoon or (ii) a livestock waste management facility or
livestock waste handling facility that does propose to
utilize a lagoon, the Department shall send a copy of the
notice form to the county board of the county in which the
facility is to be located and shall publish a public notice
in a newspaper of general circulation within the county.
After receiving a copy of the notice form from the
Department, the county board may, at its discretion and
within 30 days after receipt of the notice, request that the
Department conduct an informational meeting concerning the
proposed construction that is subject to this Section. In
addition, during the county's 30-day review period, county
residents may petition the county board of the county where
the proposed new facility will be located to request that the
Department conduct an informational meeting. When petitioned
by 75 or more of the county's residents who are registered
voters, the county board shall request that the Department
conduct an informational meeting. If the county board
requests that the Department conduct the informational
meeting, the Department shall conduct the informational
meeting within 15 days of the county board's request. If the
Department conducts such a meeting, it shall cause notice of
the meeting to be published in a newspaper of general
circulation in the county and in the State newspaper and
shall send a copy of the notice to the County Board. Upon
receipt of the notice, the County Board shall post the notice
on the public informational board at the county courthouse at
least 10 days before the meeting. The owner or operator who
submitted the notice of intent to construct to the Department
shall appear at the meeting. At the meeting, the Department
shall afford members of the public an opportunity to ask
questions and present oral or written comments concerning the
proposed construction.
(b) The county board shall submit at the informational
meeting or within 30 days following the meeting an advisory,
non-binding recommendation to the Department about the
proposed new facility's construction in accordance with the
applicable requirements of this Act. The advisory,
non-binding recommendation shall contain at a minimum:
(1) a statement of whether the proposed facility
achieves or fails to achieve each of the 8 siting
criteria as outlined in subsection (d); and
(2) a statement of the information and criteria
used by the county board in determining that the proposed
facility met or failed to meet any of the criteria
described in subsection (d).
(c) When the county board requests an informational
meeting, construction shall not begin until after the
informational meeting has been held, the Department has
reviewed the county board's recommendation and replied to the
recommendation indicating if the proposed new livestock
management facility or the new livestock waste handling
facility is or will be in compliance with the requirements of
the Act, and the owner, operator, or certified manager and
operator has received the Department's notice that the
setbacks and all applicable requirements of this Act have
been met.
(d) At the informational meeting for the proposed
facility, the Department of Agriculture shall receive
evidence by testimony or otherwise on the following subjects:
(1) Whether registration and livestock waste
management plan certification requirements, if required,
are met by the notice of intent to construct.
(2) Whether the design, location, or proposed
operation will protect the environment by being
consistent with this Act.
(3) Whether the location minimizes any
incompatibility with the surrounding area's character by
being located in any area zoned for agriculture where the
county has zoning or where the county is not zoned, the
setback requirements established by this Act are complied
with.
(4) Whether the facility is located within a
100-year floodplain or an otherwise environmentally
sensitive area (defined as an area of karst area or with
aquifer material within 5 feet of the bottom of the
livestock waste handling facility) and whether
construction standards set forth in the notice of intent
to construct are consistent with the goal of protecting
the safety of the area.
(5) Whether the owner or operator has submitted
plans for operation that minimize the likelihood of any
environmental damage to the surrounding area from spills,
runoff, and leaching.
(6) Whether odor control plans are reasonable and
incorporate reasonable or innovative odor reduction
technologies given the current state of such
technologies.
(7) Whether traffic patterns minimize the effect on
existing traffic flows.
(8) Whether construction or modification of a new
facility is consistent with existing community growth,
tourism, recreation, or economic development or with
specific projects involving community growth, tourism,
recreation, or economic development that have been
identified by government action for development or
operation within one year through compliance with
applicable zoning and setback requirements for populated
areas as established by this Act.
(510 ILCS 77/12.1 new)
Sec. 12.1. Final determination.
(a) Within 15 calendar days of the close of the comment
period under subsection (b) of Section 12, the Department
shall determine if, more likely than not, the provisions of
the Act have been met and shall send notice to the applicant
and the county board indicating that construction may
proceed. If the Department finds that, more likely than not,
the provisions of the Act have not been met the Department
shall send notice to the applicant that construction is
prohibited.
(a-5) If the Department finds that additional
information or that specific changes are needed in order to
assist the Department in making the determination under
subsection (a) of this Section, the Department may request
such information or changes from the owner or operator of the
new livestock waste handling facility or waste management
facility.
(b) If no informational meeting is held, the Department
shall, within 15 calendar days following the end of the
period for the county board to request an informational
meeting, notify the owner or operator that construction may
begin or that clarification is needed.
(c) If the owner or operator of a proposed livestock
management facility or livestock waste handling facility
amends the facility plans during the Department's review, the
Department shall notify the county board, which may exercise
its option of a public informational meeting pursuant to
Section 12 of this Act.
(d) If the owner or operator of a proposed new livestock
management or new livestock waste handling facility amends
the facility plans during the Department's review process by
increasing the animal unit capacity of the facility such that
the required setback distances will be increased, the owner
or operator shall submit a revised notice of intent to
construct and comply with applicable provisions of this Act.
(510 ILCS 77/13 new)
Sec. 13. Livestock waste handling facilities other than
earthen livestock waste lagoons; construction standards;
certification; inspection; removal-from-service requirements.
(a) After the effective date of this amendatory Act of
1999, livestock waste handling facilities other than earthen
livestock waste lagoons used for the storage of livestock
waste shall be constructed in accordance with this Section.
(1) Livestock waste handling facilities constructed
of concrete shall meet the strength and load factors set
forth in the Midwest Plan Service's Concrete Manure
Storage Handbook (MWPS-36) and future updates. In
addition, those structures shall meet the following
requirements:
(A) Waterstops shall be incorporated into the
design of the storage structure when consistent with
the requirements of paragraph (1) of this
subsection;
(B) Storage structures that handle waste in a
liquid form shall be designed to contain a volume of
not less than the amount of waste generated during
150 days of facility operation at design capacity;
and
(C) Storage structures not covered or
otherwise protected from precipitation shall, in
addition to the waste storage volume requirements of
subparagraph (B) of paragraph (1) of this
subsection, include a 2-foot freeboard.
(2) A livestock waste handling facility in a
prefabricated form shall meet the strength, load, and
compatibility factors for its intended use. Those
factors shall be verified by the manufacturer's
specifications.
(3) Livestock waste handling facilities holding
semi-solid livestock waste, including but not limited to
picket dam structures, shall be constructed according to
the requirements set forth in the Midwest Plan Service's
Livestock Waste Facilities Handbook (MWPS-18) and future
updates or similar standards used by the Natural
Resources Conservation Service of the United States
Department of Agriculture.
(4) Livestock waste handling facilities holding
solid livestock waste shall be constructed according to
the requirements set forth in the Midwest Plan Service's
Livestock Waste Facilities Handbook (MWPS-18) and future
updates or similar standards used by the Natural
Resources Conservation Service of the United States
Department of Agriculture. In addition, solid livestock
waste stacking structures shall be sized to store not
less than the amount of waste generated during 6 months
of facility operation at design capacity.
(5) Holding ponds used for the temporary storage of
livestock feedlot run-off shall be constructed according
to the requirements set forth in the Midwest Plan
Service's Livestock Waste Facilities Handbook (MWPS-18)
and future updates or similar standards used by the
Natural Resources Conservation Service of the United
States Department of Agriculture.
(b) New livestock management facilities and livestock
waste handling facilities constructed after the effective
date of this amendatory Act of 1999 shall be subject to the
additional construction requirements and siting prohibitions
provided in this subsection (b).
(1) No new non-lagoon livestock management facility
or livestock waste handling facility may be constructed
within the floodway of a 100-year floodplain. A new
livestock management facility or livestock waste handling
facility may be constructed within the portion of a
100-year floodplain that is within the flood fringe and
outside the floodway provided that the facility is
designed and constructed to be protected from flooding
and meets the requirements set forth in the Rivers,
Lakes, and Streams Act, Section 5-40001 of the Counties
Code, and Executive Order Number 4 (1979). The
delineation of floodplains, floodways, and flood fringes
shall be in compliance with the National Flood Insurance
Program. Protection from flooding shall be consistent
with the National Flood Insurance Program and shall be
designed so that stored livestock waste is not readily
removed.
(2) A new non-lagoon livestock waste handling
facility constructed in a karst area shall be designed to
prevent seepage of the stored material into groundwater
in accordance with ASAE 393.2 or future updates. Owners
or operators of proposed facilities should consult with
the local soil and water conservation district, the
University of Illinois Cooperative Extension Service, or
other local, county, or State resources relative to
determining the possible presence or absence of such
areas. Notwithstanding the other provisions of this
paragraph (2), after the effective date of this
amendatory Act of 1999, no non-lagoon livestock waste
handling facility may be constructed within 400 feet of
any natural depression in a karst area formed as a result
of subsurface removal of soil or rock materials that has
caused the formation of a collapse feature that exhibits
internal drainage. For the purposes of this paragraph
(2), the existence of such a natural depression in a
karst area shall be indicated by the uppermost closed
depression contour lines on a USGS 7 1/2 minute
quadrangle topographic map or as determined by Department
field investigation in a karst area.
(3) A new non-lagoon livestock waste handling
facility constructed in an area where aquifer material is
present within 5 feet of the bottom of the facility shall
be designed to ensure the structural integrity of the
containment structure and to prevent seepage of the
stored material to groundwater. Footings and underlying
structure support shall be incorporated into the design
standards of the storage structure in accordance with the
requirements of Section 4.1 of the American Society of
Agricultural Engineers (ASAE) EP 393.2 or future updates.
(c) A livestock waste handling facility owner may rely
on guidance from the local soil and water conservation
district, the Natural Resources Conservation Service of the
United States Department of Agriculture, or the University of
Illinois Cooperative Extension Service for soil type and
associated information.
(d) The standards in subsections (a) and (b) shall serve
as interim construction standards until such time as
permanent rules promulgated pursuant to Section 55 of this
Act become effective. In addition, the Department and the
Board shall utilize the interim standards in subsections (a)
and (b) as a basis for the development of such permanent
rules.
(e) The owner or operator of a livestock management
facility or livestock waste handling facility may, with the
approval of the Department, elect to exceed the strength and
load requirements as set forth in this Section.
(f) The owner or operator of a livestock management
facility or livestock waste handling facility shall send, by
certified mail or in person, to the Department a
certification of compliance together with copies of
verification documents upon completion of construction. In
the case of structures constructed with the design standards
used by the Natural Resources Conservation Service of the
United States Department of Agriculture, copies of the design
standards and a statement of verification signed by a
representative of the United States Department of Agriculture
shall accompany the owner's or operator's certification of
compliance. The certification shall state that the structure
meets or exceeds the requirements in subsection (a) of this
Section. A $250 filing fee shall accompany the statement.
(g) The Department shall inspect the construction site
prior to construction, during construction, and within 10
business days following receipt of the certification of
compliance to determine compliance with the construction
standards.
(h) The Department shall require modification when
necessary to bring the construction into compliance with the
standards set forth in this Section. The person making the
inspection shall discuss with the owner, operator, or
certified livestock manager an evaluation of the livestock
waste handling facility construction and shall (i) provide
on-site written recommendations to the owner, operator, or
certified livestock manager of what modifications are
necessary or (ii) inform the owner, operator, or certified
livestock manager that the facility meets the standards set
forth in this Section. On the day of the inspection, the
person making the inspection shall give the owner, operator,
or certified livestock manager a written report of findings
based on the inspection together with an explanation of
remedial measures necessary to enable the livestock waste
handling facility to meet the standards set forth in this
Section. The Department shall, within 5 business days of the
date of inspection, send an official written notice to the
owner or operator of the livestock waste handling facility by
certified mail, return receipt requested, indicating that the
facility meets the standards set forth in this Section or
identifying the remedial measures necessary to enable the
livestock waste handling facility to meet the standards set
forth in this Section. The owner or operator shall, within
10 business days of receipt of an official written notice of
deficiencies, contact the Department to develop the
principles of an agreement of compliance. The owner or
operator and the Department shall enter into an agreement of
compliance setting forth the specific changes to be made to
bring the construction into compliance with the standards
required under this Section. If an agreement of compliance
cannot be achieved, the Department shall issue a compliance
order to the owner or operator outlining the specific changes
to be made to bring the construction into compliance with the
standards required under this Section. The owner or operator
can request an administrative hearing to contest the
provisions of the Department's compliance order.
(j) If any owner or operator operates in violation of an
agreement of compliance, the Department shall seek an
injunction in circuit court to prohibit the operation of the
facility until construction and certification of the
livestock waste handling facility are in compliance with the
provisions of this Section.
(k) When any livestock management facility not using an
earthen livestock waste lagoon is removed from service, the
accumulated livestock waste remaining within the facility
shall be removed and applied to land at rates consistent with
a waste management plan for the facility. Removal of the
waste shall occur within 12 months after the date livestock
production at the facility ceases. In addition, the owner or
operator shall make provisions to prevent the accumulation of
precipitation within the livestock waste handling facility.
Upon completion of the removal of manure, the owner or
operator of the facility shall notify the Department that the
facility is being removed from service and the remaining
manure has been removed. The Department shall conduct an
inspection of the livestock waste handling facility and
inform the owner or operator in writing that the requirements
imposed under this subsection (k) have been met or that
additional actions are necessary. Commencement of operations
at a facility that has livestock shelters left intact and
that has completed the requirements imposed under this
subsection (k) and that has been operated as a livestock
management facility or livestock waste handling facility for
4 consecutive months at any time within the previous 10 years
shall not be considered a new or expanded livestock
management or waste handling facility. A new facility
constructed after May 21, 1996 that has been removed from
service for a period of 2 or more years shall not be placed
back into service prior to an inspection of the livestock
waste handling facility and receipt of written approval by
the Department.
(510 ILCS 77/15)
Sec. 15. Livestock waste lagoon.
(a) Standards for livestock waste lagoon construction.
Any earthen livestock waste lagoon subject to registration
shall be constructed or modified in accordance with "Design
of Anaerobic Lagoons for Animal Waste Management" promulgated
by the American Society of Agricultural Engineers or the
national guidelines as published by the United States
Department of Agriculture Natural Resource Conservation
Service in Illinois and titled Waste Treatment Lagoon. The
owner or operator of the earthen livestock lagoon may, with
approval from the Department, modify or exceed these
standards in order to meet site specific objectives.
Notwithstanding any other requirement of this subsection,
every earthen livestock waste lagoon shall include the
construction of a secondary berm, filter strip, grass
waterway, or terrace, or any combination of those, outside
the perimeter of the primary berm if an engineer licensed
under the Professional Engineering Practice Act of 1989 and
retained by the registrant determines, with the concurrence
of the Department, that construction of such a secondary berm
or other feature or features is necessary in order to ensure
against a release of livestock waste from the lagoon (i) that
encroaches or is reasonably expected to encroach upon land
other than the land occupied by the livestock waste handling
facility of which the lagoon is a part or (ii) that enters
or is reasonably expected to enter the waters of this State.
The Department shall determine compliance with these
requirements. The Department may require changes in design
or additional requirements to protect groundwater, such as
extra liner depth or synthetic liners, when it appears
groundwater could be impacted.
(a-5) New earthen livestock waste lagoons constructed
after the effective date of this amendatory Act of 1999 shall
be subject to additional construction requirements and siting
prohibitions as provided in this subsection (a-5).
(1) No new earthen livestock waste lagoon may be
constructed within the floodway of a 100-year floodplain.
A new earthen livestock waste lagoon may be constructed
within the portion of a 100-year floodplain that is
within the flood fringe and outside the floodway provided
that the facility is designed and constructed so that
livestock waste is not readily removed during flooding
and meets the requirements set forth in the Rivers,
Lakes, and Streams Act, Section 5-40001 of the Counties
Code, and Executive Order Number 4 (1979). The
delineation of floodplains, floodways, and flood fringes
shall be in compliance with the National Flood Insurance
Program.
(2) A new earthen livestock waste lagoon
constructed in a karst area shall be designed to prevent
seepage of the stored material to groundwater. Owners or
operators of proposed facilities shall consult with the
local soil and water conservation district, the
University of Illinois Cooperative Extension Service, or
other local, county, or State resources relative to
determining the possible presence or absence of such
areas. Notwithstanding the other provisions of this
paragraph (2), after the effective date of this
amendatory Act of 1999, no earthen livestock waste lagoon
may be constructed within 400 feet of any natural
depression in a karst area formed as a result of
subsurface removal of soil or rock materials that has
caused the formation of a collapse feature that exhibits
internal drainage. For the purposes of this paragraph
(2), the existence of such natural depression in a karst
area shall be indicated by the uppermost closed
depression contour lines on a USGS 7 1/2 minute
quadrangle topographic map or as determined by Department
field investigation in a karst area.
(b) Registration and certification. Any earthen
livestock waste lagoon newly constructed or modified (does
not include repairs) after the effective date of rules
adopted for the implementation of this Act shall be
registered by the owner or operator with the Department on a
form provided by the Department. Lagoons constructed prior
to the effective date of rules adopted for the implementation
of this Act may register with the Department at no charge.
In order to give the Department notice of the owner's or
operator's intent to construct or modify an earthen livestock
waste lagoon, the owner or operator shall register such
lagoon with the Department during the preconstruction phase.
Construction shall not begin until 30 days after submittal of
a registration form by certified mail to the Department.
When an informational meeting is requested by the county,
construction shall not begin until after the informational
meeting has been held.
Livestock waste lagoon registration forms shall be made
available to producers at offices of the Department of
Agriculture, Cooperative Extension Service, and Soil and
Water Conservation Districts.
Registration information shall include the following:
(1) Name(s) and address(es) of the owner and
operator who are responsible for the livestock waste
lagoon.
(2) General location of lagoon.
(3) Design construction plans and specifications.
(4) Specific location information:
(A) Distance to a private or public potable
well;
(B) Distance to closest occupied private
residence (other than any occupied by owner or
operator);
(C) Distance to nearest stream; and
(D) Distance to nearest populated area.
(5) Anticipated beginning and ending dates of
construction.
(6) Type of livestock and number of animal units.
The Department of Agriculture upon receipt of a livestock
waste lagoon registration form shall review the form to
determine that all required information has been provided.
The person filing the registration shall be notified within
15 working days that the registration is complete or that
clarification of information is needed. No later than 10
working days after receipt of the clarification information,
the Department shall notify the owner or operator that the
registration is complete.
The Department shall inspect an earthen livestock waste
lagoon during preconstruction, construction, and
post-construction. The Department shall require
modifications when necessary to bring construction in
compliance with the standards as set forth in subsection (a)
of Section 15. The person making the inspection shall
discuss with the owner, operator, or certified livestock
manager an evaluation of the livestock waste lagoon
construction and shall (i) provide on-site written
recommendations to the owner, operator, or certified
livestock manager of what modifications are necessary or (ii)
inform the owner, operator, or certified livestock manager
that the lagoon meets the standards set forth in subsection
(a) of Section 15. On the day of the inspection, the person
making the inspection shall give the owner, operator, or
certified livestock manager a written report of his or her
findings based on the inspection, together with an
explanation of any remedial measures necessary to enable the
lagoon to meet the standards set forth in subsection (a).
The person making any inspection shall comply with
reasonable animal health protection procedures as requested
by the owner, operator, or certified livestock manager.
Upon completion of the construction or modification, but
prior to placing the lagoon in service, the owner or operator
of the livestock waste lagoon shall certify on a form
provided by the Department that the lagoon has been
constructed or modified in accordance with the standards set
forth in subsection (a) of Section 15 and that the
information provided on the registration form is correct.
(1) The certification notice to the Department
shall include a certification statement and signature.
(2) The certification shall state: "I hereby
certify that the information provided on this form is
correct and that the lagoon has been constructed in
accordance with the standards as required by the
Livestock Management Facilities Act."
Within 10 business days of receipt of the certification
of compliance, the Department shall inspect the lagoon site.
The Department shall, within 5 business days of the date of
inspection, send an official written notice by certified
mail, return receipt requested, to the owner or operator of
the facility indicating that all the requirements of this
Section have been met or that deficiencies exist that must be
corrected prior to the completion of the lagoon registration
process and the placement of the lagoon into service. The
owner or operator of the lagoon may proceed to place the
lagoon in service after receipt of the Department's notice
that all the requirements of this Section have been met no
earlier than 10 working days after submitting to the
Department a certification of compliance statement.
(b-5) Public informational meeting. Within 7 days after
receiving a registration form giving notice of an intent to
construct or modify an earthen livestock waste lagoon after
the effective date of this amendatory Act of 1997, the
Department shall send a copy of the registration form to the
county board of the county in which the lagoon is or is to
be located. After receiving a copy of a lagoon registration
form from the Department under this subsection, within 30
days the county board may at its discretion request that the
Department conduct a public informational meeting within 15
days of the request concerning the proposed construction or
modification of the lagoon. If the Department conducts such
a meeting, then at least 10 days before the meeting, the
Department shall cause notice of the meeting to be published
in a newspaper of general circulation in the county or the
State newspaper. The owner or operator who submitted the
registration form to the Department shall appear at the
meeting. At the meeting, the Department shall afford members
of the public an opportunity to ask questions and present
oral or written testimony concerning the proposed
construction or modification of the lagoon.
(c) Complaint procedure. Any person having a complaint
concerning an earthen livestock waste lagoon may file a
complaint with the Agency. If the Agency finds that
groundwater has been negatively impacted because of
structural problems with the earthen lagoon, the Agency shall
notify the Department that modification of the lagoon is
necessary. The livestock owner or operator or the Department
may request guidance from the United States Department of
Agriculture Natural Resource Conservation Service or the
University of Illinois Cooperative Extension Service.
The person making any inspection shall comply with animal
health protection procedures as requested by the owner or
operator.
Any earthen livestock waste lagoon in service prior to
the effective date of the rules for implementation of this
Act is not subject to registration but is only subject to the
complaint procedure. However, any such livestock waste
lagoon found impacting groundwater shall be required to be
repaired, modified, or have procedures instituted so
groundwater is not negatively impacted.
If an investigation reveals groundwater has been
negatively impacted, the Department and Agency shall
cooperate with the owner or operator of the affected
livestock waste lagoon to provide a reasonable solution to
protect the groundwater.
Nothing in this Section shall limit the Agency's
authority under the Environmental Protection Act to
investigate and respond to violations of the Environmental
Protection Act or rules adopted under that Act.
(d) Livestock waste lagoon registration fee. The
livestock waste lagoon registration fee is $250 $50.
(d-5) Reporting release of waste. An owner or operator
of a lagoon shall report to the Agency any release of
livestock waste from a lagoon within 24 hours after the
discovery of the release. The procedure for reporting
releases shall be adopted by the Agency by rule.
For a first violation of this subsection (d-5) by the
owner or operator of a livestock management facility or
livestock waste handling facility, the Department shall send
the owner or operator a written notice of the violation by
certified mail, return receipt requested.
If after an administrative hearing the Department finds
that the owner or operator of a livestock management facility
or livestock waste handling facility has committed a second
violation of this subsection (d-5), the Department shall
impose on the owner or operator a civil administrative
penalty in an amount not exceeding $1,000. The Attorney
General may bring an action in the circuit court to enforce
the collection of a penalty imposed under this subsection
(d-5).
If after an administrative hearing the Department finds
that the owner or operator of a livestock management facility
or livestock waste handling facility has committed a third
violation of this subsection (d-5), the Department shall
enter an administrative order directing that the owner or
operator cease operation of the facility until the violation
is corrected.
If a livestock management facility or livestock waste
handling facility has not committed a violation of this
subsection (d-5) within the 5 years immediately preceding a
violation, the violation shall be construed and treated as a
first violation.
(e) Closure of livestock waste lagoons. When any earthen
livestock waste lagoon is removed from service, it shall be
completely emptied. Appropriate closure procedures shall be
followed as determined by rule. The remaining hole must be
filled. The closure requirements shall be completed within
two years from the date of cessation of operation unless the
lagoon is maintained or serviced. The Department may grant a
waiver to the before-stated closure requirements that will
permit the lagoon to be used for an alternative purpose.
Upon a change in ownership of a registered earthen
livestock waste lagoon, the owner shall notify the Department
of the change within 30 working days of the closing of the
transaction.
(f) Administrative authority. All actions of the
Department of Agriculture are subject to the Illinois
Administrative Procedure Act.
Any earthen livestock waste lagoon subject to
registration shall not begin operation until the owner or
operator of the lagoon has met the requirements of this Act.
The owner or operator of any earthen livestock waste
lagoon subject to registration that has not been registered
or constructed in accordance with standards set forth in
subsection (a) of Section 15 shall, upon being identified as
such by the Department, be given written notice by the
Department to register and certify the lagoon within 10
working days of receipt of the notice. The Department may
inspect such lagoon and require compliance in accordance with
subsections (a) and (b) of this Section. If the owner or
operator of the livestock waste lagoon that is subject to
registration fails to comply with the notice, the Department
may issue a cease and desist order until such time as
compliance is obtained with the requirements of this Act.
Failure to construct the lagoon in accordance with the
construction plan and Department recommendations is a
business offense punishable by a fine of not more than
$5,000.
(Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
(510 ILCS 77/18 new)
Sec. 18. Reporting release of waste.
(a) An owner or operator of a livestock waste handling
facility shall report to the Agency any release of livestock
waste from a livestock waste handling facility or from the
transport of livestock waste within 24 hours after discovery
of the release. Reporting shall not be required in the case
of a release of less than 25 gallons that is not released to
the waters of the State or from a controlled and recovered
release during field application. For the purposes of this
subsection (a), waters of the State do not include small
temporary accumulations of surface water from precipitation
or irrigation systems. The procedure for reporting releases
shall be adopted by the Agency by rule.
(b) For a first violation of failing to report a release
by the owner or operator of a livestock waste handling
facility, the Department shall hold an administrative
hearing. If, after an administrative hearing, the Department
finds that an owner or operator of a livestock waste handling
facility has violated subsection (a) of this Act, the
Department shall assess a fine not exceeding $1,000.
(c) For a second violation of failing to report a
release by the owner or operator of a livestock waste
handling facility within a 5-year period, the Department
shall hold an administrative hearing. If, after the
administrative hearing, the Department finds that the owner
or operator of a livestock waste handling facility has
committed a second violation of failing to report a release
within a 5-year period, the Department shall impose on the
owner or operator an administrative penalty in an amount not
exceeding $2,500. The Attorney General may bring an action
in the circuit court to enforce the collection of a penalty
imposed for failing to report a release.
(d) For a third or subsequent violation of failing to
report a release by the owner or operator of a livestock
waste handling facility within a 5-year period, the
Department shall hold an administrative hearing. If, after
the administrative hearing, the Department finds that the
owner or operator of a livestock waste handling facility has
committed a third or subsequent violation of failing to
report a release within a 5-year period, the Department shall
impose on the owner or operator an administrative penalty in
an amount not exceeding $5,000 and shall seek an injunction
in the circuit court through the Attorney General of the
State of Illinois. The Attorney General may bring action in
the circuit court to enforce the collection of a penalty
imposed for failing to report a release.
(e) If the owner or operator of a livestock waste
handling facility has not committed a violation of failing to
report a release within the 5 years immediately preceding a
violation, a violation shall be considered and treated as a
first violation.
(510 ILCS 77/20)
Sec. 20. Handling, storing and disposing of livestock
waste.
(a) The livestock management facility owner or operator
shall comply with the requirements for handling, storing, and
disposing of livestock wastes as set forth in the rules
adopted pursuant to the Illinois Environmental Protection Act
concerning agriculture related pollution.
(b) The livestock management facility owner or operator
at a facility of less than 1,000 animal units shall not be
required to prepare and maintain a waste management plan.
(c) The livestock management facility owner or operator
at a facility of 1,000 or greater animal units but less than
5,000 7,000 animal units shall prepare and maintain on file
at the livestock management facility a general waste
management plan. Notwithstanding this requirement, a
livestock management facility subject to this subsection may
be operated on an interim basis but not to exceed 6 months
after the effective date of the rules promulgated pursuant to
this Act to allow for the owner or operator of the facility
to develop a waste management plan. The waste management
plan shall be available for inspection during normal business
hours by Department personnel.
(d) The livestock management facility owner or operator
at a facility of 5,000 7,000 or greater animal units shall
prepare, maintain, and submit to the Department the waste
management plan for approval. Approval of the waste
management plan shall be predicated on compliance with
provisions of subsection (f). The waste management plan shall
be approved by the Department before operation of the
facility or in the case of an existing facility, the waste
management plan shall be submitted within 60 working days
after the effective date of the rules promulgated pursuant to
this Act.
The owner or operator of an existing livestock management
facility that through growth meets or exceeds 5,000 7,000
animal units shall file its waste management plan with the
Department within 60 working days after reaching the stated
animal units.
The owner or operator of a livestock management facility
that is subject to this subsection (d) shall file within 60
working days with the Department a revised waste management
plan when there is a significant change as provided in
subsection (e) of this Section in items (1), (2), or (10) of
subsection (f) that will materially affect compliance with
the waste management plan.
(d-5) The owner or operator of multiple livestock
management facilities under common facility ownership where
the cumulative animal units of the facilities are equal to or
greater than the animal unit numbers provided for in
subsection (c) of this Section shall prepare and keep on file
at each facility a waste management plan in accordance with
the requirements of subsection (c). The owner or operator of
multiple livestock management facilities that are under
common facility ownership where the cumulative animal units
of the facilities are equal to or greater than the animal
unit numbers provided for in subsection (d) of this Section
shall prepare and file with the Department a waste management
plan in accordance with the provisions of subsection (d).
Cumulative animal units shall be determined by combining the
animal units of multiple livestock management facilities
under the common facility ownership based upon the design
capacity of each facility. For the purposes of this
subsection (d-5), "under common facility ownership" means the
same person or persons own, directly or indirectly, through
majority owned business entities at least 51% of any person
or persons (as defined by Section 10.55) that own or operate
the livestock management facility or livestock waste handling
facility located in the State of Illinois.
(e) The owner or operator of a livestock management
facility shall update the waste management plan when there is
a change in values shown in the plan under item (1) of
subsection (f) of this Section. The waste management plan and
records of livestock waste disposal shall be kept on file for
three years.
(f) The application of livestock waste to the land is an
acceptable, recommended, and established practice in
Illinois. However, when livestock waste is not applied in a
responsible manner, it may create pollutional problems. It
should be recognized that research relative to livestock
waste application based on livestock waste nutrient content
is currently ongoing. The Dean of the College of
Agricultural, Consumer and Environmental Sciences at the
University of Illinois, or his or her designee, shall
annually report to the Advisory Committee on the status of
phosphorus research, including research that has been
supported in whole or in part by the Council for Food and
Agricultural Research. The Advisory Committee may also
consult with other appropriate research entities on the
status of phosphorus research. It is considered acceptable
to prepare and implement a waste management plan based on a
nitrogen rate, unless otherwise restricted by this Section.
It should be recognized that, in most cases, if the agronomic
nitrogen rate is met, the phosphorus applied will exceed the
crop requirements, but not all of the phosphorus may be
available for use by the crop. It will be considered
acceptable, therefore, to prepare and implement a waste
management plan based on the nitrogen rate. The waste
management plan shall include the following:
(1) An estimate of the volume of livestock waste to
be disposed of annually, which shall be obtained by
multiplying the design capacity of the facility by the
appropriate amount of waste generated by the animals.
The values showing the amount of waste generated in Table
2-1, Midwest Plan Service's, MWPS-18, Livestock Waste
Management Facilities Handbook or Design Criteria for the
field application of livestock waste adopted by the
Agency may be used.
(2) The number of acres available for disposal of
the waste, whether they are owned by the owner or
operator of the livestock waste management facility or
are shown to be contracted with another person or persons
for disposal of waste.
(3) An estimate of the nutrient value of the waste.
The owner or operator may prepare a plan based on an
average of the minimum and maximum numbers in the table
values derived from Midwest Plan Service's, MWPS-18,
Livestock Waste Facilities Handbook, the Agency's
Agriculture Related Pollution regulations, or the results
of analysis performed on samples of waste. For the
purposes of compliance with this subsection, the nutrient
values of livestock waste may vary as indicated in the
source table. In the case of laboratory analytical
results, the nutrient values may vary with the accuracy
of the analytical method.
(3.5) Results of the Bray P1 or Mehlich test for
soil phosphorus reported in pounds of elemental
phosphorus per acre. Soil samples shall be obtained and
analyzed from the livestock waste application fields on
land owned or under the control of the owner or operator
where applications are planned. Fields where livestock
waste is applied shall be sampled every 3 years. Sampling
procedures, such as the number of samples and the depth
of sampling, as outlined in the current edition of the
Illinois Agronomy Handbook shall be followed when soil
samples are obtained.
(3.6) If the average Bray P1 or Mehlich test result
for soil phosphorus calculated from samples obtained from
the application field is 300 pounds or less of elemental
phosphorus per acre, livestock waste may continue to be
applied to that field in accordance with subsection (f)
of this Section. If the average Bray P1 or Mehlich test
result for soil phosphorus for an application field is
greater than 300 pounds of elemental phosphorus per acre,
the owner or operator shall apply livestock waste at the
phosphorus rate to the field until the average Bray P1 or
Mehlich test for soil phosphorus indicates there is less
than 300 pounds of elemental phosphorus per acre. Upon
the development of a phosphorus index that is approved
subject to the provisions established in Section 55 of
this Act, the owner or operator shall use such index in
lieu of the 300 pounds of elemental phosphorus per acre.
(4) An indication that the livestock waste will be
applied at rates not to exceed the agronomic nitrogen
demand of the crops to be grown when averaged over a
5-year period.
(5) A provision that livestock waste applied within
1/4 mile of any residence not part of the facility shall
be injected or incorporated on the day of application.
However, livestock management facilities and livestock
waste handling facilities that have irrigation systems in
operation prior to the effective date of this Act or
existing facilities applying waste on frozen ground are
not subject to the provisions of this item (5).
(6) A provision that livestock waste may not be
applied within 200 feet of surface water unless the water
is upgrade or there is adequate diking, and waste will
not be applied within 150 feet of potable water supply
wells.
(7) A provision that livestock waste may not be
applied in a 10-year flood plain unless the injection or
incorporation method of application is used.
(8) A provision that livestock waste may not be
applied in waterways.
(9) A provision that if waste is spread on frozen
or snow-covered land, the application will be limited to
land areas on which:
(A) land slopes are 5% or less, or
(B) adequate erosion control practices exist.
(10) Methods for disposal of animal waste.
(g) Any person who is required to prepare and maintain a
waste management plan and who fails to do so shall be issued
a warning letter by the Department for the first violation
and shall be given 30 working days to prepare a waste
management plan. For failure to prepare and maintain a waste
management plan, the person shall be fined an administrative
penalty of up to $1,000 by the Department and shall be
required to enter into an agreement of compliance to prepare
and maintain a waste management plan within 30 working days.
For failure to prepare and maintain a waste management plan
after the second 30 day period or for failure to enter into a
compliance agreement, the Department may issue an operational
cease and desist order until compliance is attained.
(Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
(510 ILCS 77/35)
Sec. 35. Setbacks for livestock management and livestock
handling facilities.
(a) Grandfather provision; facilities in existence prior
to July 15, 1991. Livestock management facilities and
livestock waste handling facilities in existence prior to
July 15, 1991 shall comply with setbacks in existence prior
to July 15, 1991, as set forth in the Illinois Environmental
Protection Act and rules promulgated under that Act.
(b) Grandfather provision; facilities in existence on
effective date and after July 15, 1991. Livestock management
facilities and livestock waste handling facilities in
existence on the effective date of this Act but after July
15, 1991 shall comply with setbacks in existence prior to the
effective date of this Act, as set forth in the Illinois
Environmental Protection Act and rules promulgated under that
Act.
(c) New livestock management or livestock waste handling
facilities. Any new facility shall comply with the following
setbacks:
(1) For purposes of determining setback distances,
minimum distances shall be measured from the nearest
corner of the residence or place of common assembly to
the nearest corner of the earthen waste lagoon or
livestock management facility, whichever is closer.
(2) A livestock management facility or livestock
waste handling facility serving less than 50 animal
units shall be exempt from setback distances as set forth
in this Act but shall be subject to rules promulgated
under the Illinois Environmental Protection Act.
(3) For a livestock management facility or waste
handling facility serving 50 or greater but less than
1,000 animal units, the minimum setback distance shall be
1/4 mile from the nearest occupied non-farm residence and
1/2 mile from the nearest populated area.
(4) For a livestock management facility or
livestock waste handling facility serving 1,000 or
greater but less than 7,000 animal units, the setback is
as follows:
(A) For a populated area, the minimum setback
shall be increased 440 feet over the minimum setback
of 1/2 mile for each additional 1,000 animal units
over 1,000 animal units.
(B) For any occupied residence, the minimum
setback shall be increased 220 feet over the minimum
setback of 1/4 mile for each additional 1,000 animal
units over 1,000 animal units.
(5) For a livestock management facility or
livestock waste handling facility serving 7,000 or
greater animal units, the setback is as follows:
(A) For a populated area, the minimum setback
shall be 1 mile.
(B) For any occupied residence, the minimum
setback shall be 1/2 mile.
(d) Requirements governing the location of a new
livestock management facility and new livestock
waste-handling facility and conditions for exemptions or
compliance with the maximum feasible location as provided in
rules adopted pursuant to the Illinois Environmental
Protection Act concerning agriculture regulated pollution
shall apply to those facilities identified in subsections (b)
and (c) of this Section. With regard to the maximum feasible
location requirements, any reference to a setback distance in
the rules under the Illinois Environmental Protection Act
shall mean the appropriate distance as set forth in this
Section.
(e) Setback category shall be determined by the design
capacity in animal units of the livestock management
facility.
(f) Setbacks may be decreased when innovative designs as
approved by the Department are incorporated into the
facility.
(g) A setback may be decreased when waivers are obtained
from owners of residences that are occupied and located in
the setback area.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/55)
Sec. 55. Rules; Livestock Management Facilities Advisory
Committee.
(a) There is hereby established a Livestock Management
Facilities Advisory Committee, which shall include the
Directors of the Department of Agriculture, the Environmental
Protection Agency, the Department of Natural Resources, and
the Department of Public Health, or their designees. The
Director of Agriculture or his or her designee shall serve as
the Chair of the Advisory Committee. Members of the Advisory
Committee may organize themselves as they deem necessary and
shall serve without compensation.
(b) The Advisory Committee shall review, evaluate, and
make recommendations to the Department of Agriculture for
rules necessary for the implementation of this Act. Based
upon the recommendations of the Advisory Committee, the
Department of Agriculture shall: (i), within 6 months after
the effective date of this Act, propose rules to the
Pollution Control Board for the implementation of design and
construction standards for livestock waste handling
facilities as set forth in Sections 13 and 15(a-5) of this
Act based upon the standards set forth in the American
Society of Agricultural Engineers' Standards, Engineering
Practices and Data (ASAE Standards) and future updates,
Midwest Plan Service's Concrete Manure Storage Handbook
(MWPS-36) and future updates and related supplemental
technical documents, the Midwest Plan Service's Livestock
Waste Facilities Handbook (MWPS-18) and future updates and
related supplemental technical documents or similar standards
used by the Natural Resources Conservation Service of the
United States Department of Agriculture; and (ii) on and
after the effective date of this amendatory Act of 1999,
provide public notice in the State newspaper, the Illinois
Register, and on the Department's Internet website; hold
public hearings during the first notice period; and take
public comments and adopt rules pursuant to the Illinois
Administrative Procedure Act for all Sections of this Act
other than design and construction standards for livestock
waste handling facility as set forth in Sections 13 and
15(a-5).
(c) Within 6 months after the Department of Agriculture
proposing rules to The Pollution Control Board, the Board
shall hold hearings on and adopt rules for the implementation
of design and construction standards for livestock waste
handling facilities as set forth in Sections 13 and 15(a-5)
of this Act in the manner provided for in Sections 27 and 28
of the Environmental Protection Act. Rules adopted pursuant
to this Section shall take into account all available
pollution control technologies and, shall be technologically
feasible and economically reasonable, and may make
distinctions for the type and size of livestock management
and livestock management handling facilities and operations.
(d) The Advisory Committee shall meet once every 6
months after the effective date of this amendatory Act of
1997 to review, evaluate, and make recommendations to the
Department of Agriculture concerning the Department's random
inspection of livestock waste lagoons under Section 16 of
this Act.
(Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
Section 99. Effective date. This Act takes effect July
1, 1999.
[ Top ]