Section 700.APPENDIX G   Illinois Environmental Protection Agency's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

PREFACE

On August 19, 1982, Governor James R. Thompson signed into law the Farmland Preservation Act (Ill. Rev. Stat. 1987, ch. 5, par. 1301 et seq.), which required the Illinois Environmental Protection Agency (IEPA) to develop an agricultural land preservation policy statement and cooperative working agreement.  The following policy statement and working agreement are submitted in accordance with the Act.

POLICY STATEMENT

The Illinois Environmental Protection Agency recognizes the need to maintain the quality of the State's productive agricultural land and also to protect this valuable resource from permanent conversion to non-agricultural uses.  It shall be the policy of the Agency in its programs and operations to preserve Illinois farmland, through procedures consistent with State and Federal laws.

ANALYSIS OF IMPACT

The Illinois Environmental Protection Agency has the responsibility to protect public health, welfare and quality of life in Illinois by protecting the environment.  The Agency monitors environmental pollutants, enforces pollution control regulations, carries out permit programs to control certain pollution related activities, and administers grants for planning and construction of wastewater treatment facilities.

IEPA's programs and operations do not involve land acquisition for capital development; therefore, the Agency will not directly cause conversion of agricultural lands.  Indirect and secondary impacts may occur, however, through administration of permits, grants, and regulatory programs.

Permits

The four program Divisions of IEPA (Air Pollution Control, Water Pollution Control, Public Water Supplies, and Land/Noise Pollution Control) issue permits for the construction and operation of pollution control facilities, water treatment works, and enterprises which are potential sources of pollution.  Additionally, the Agency issues authorizations or certifications to federal agencies for their action on applications for permits, licenses and other forms of federal approval of proposed activities.

The Agency's permit programs and related Federal programs can affect farmland as follows:

a.          Through decisions on facility planning areas which consequently affect the location of new sewage treatment plants/interceptors and public water supply facilities/distribution systems.

b.         Through construction permit decisions for new pollution control facilities which may be built at locations which could affect farmland.

c.          Through decisions on the sitting of solid waste facilities.

d.         Through decisions on other pollution source controls for mine related pollution and agricultural related pollution.

e.          Through reviews of environmental impact statements.

Any Agency program activity which is responsible to Federal laws must comply with the National Environmental Policy Act and USEPA policy on farmland preservation.  The USEPA policy, September 8, 1978, is consistent with policies of the U.S. Department of Agriculture and the Council on Environmental Quality.  It proclaims, "It is EPA's policy to protect, through the administration and implementation of its programs and regulations, the nation's environmentally significant agricultural land from irreversible conversion to uses which result in its loss as an environmental or essential food production resource."  However, Agency permit denials, absent state law, cannot be predicated in any instance solely on the taking of prime farmland out of production.  Therefore, information on farmland for permit determinations is limited to the facts relating to pollution control attributes of the source.  In the event a proposed activity is inconsistent with existing state law (i.e., Agricultural Areas Conservation and Protection Act (Ill. Rev. Stat. 1987, ch. 5, par. 1001 et seq.)), permits must be denied by the Agency.

Grants

The direct impact of state and federal wastewater treatment works construction grants programs administered by the Agency upon land conversion is generally insignificant.  The major wastewater construction grant programs are the state Build Illinois Program and the U.S. Environmental Protection Agency program authorized under Section 201 of the Federal Clean Water Act.

In general, land requirements for sitting of grant eligible pollution control facilities are small and are responsive to the existing and near term needs of urban centers.  However, the secondary effects of wastewater treatment provisions to accommodate anticipated future urban growth upon land conversion can be significant.

Future growth and anticipated wastewater treatment needs are currently limited to projected population levels established by the Illinois Bureau of the Budget forecasts and are limited to service within established facility planning areas (FPA).  The service areas for growth are established by local governments consistent with their planned growth patterns and density into adjacent land areas.  The planning requirements which must be met coupled with grant eligibility limitations on transport systems discourage leap frog development.

Although the impact of urbanization upon farmland conversion is significant, the wastewater grant programs merely help provide for adequate pollution control resulting from local decision making and population distribution.

All federal wastewater construction grants are required to protect environmentally significant agricultural lands from irreversible conversion to uses which result in its loss as an environmental or essential food production resource.  As part of the decision making process for the planning, design and construction of interceptors and treatment facilities, farmland protection is considered.  USEPA procedures are defined in regulations developed pursuant to the National Environmental Policy Act and the USEPA policy on farmland protection.  An additional directive to minimize farmland conversion is provided to the USEPA in the federal Farmland Protection Policy Act (7 U.S.C. 4201 et seq.).  Adequate consideration and mitigation are also an integral part of the State wastewater construction grant program which is operated consistent with the USEPA program.

Rules and Regulations

Regulatory programs are administered by each Division as prescribed by the Illinois Pollution Control Board's Rules and Regulations (35 Ill. Adm. Code:  Subtitles A through H).  Enforcement of the regulations may require application of pollution control techniques that are costly or discouraging to some agricultural operations.  This is most evident where urban encroachment upon existing agricultural areas is occurring.

From a broader perspective the regulatory programs are supportive of farmland preservation.  Specific agricultural exemptions are incorporated in the air, solid waste, and noise pollution regulations (Ill. Rev. Stat. 1987, ch. 111½, par. 21(f), and 35 Ill. Adm. Code 237.120(a), 722.151, 809.211, 901.107(a) and (c), and 902.140(a)(4)).  Enforcement of the regulations protects and enhances the quality of Illinois' land, water, and air resources which are indispensible to a productive agricultural industry.

MITIGATION PROCEDURES

Agency program activities shall continue to be responsive to the Farmland Preservation Act.  Agricultural land protection efforts shall be supported through intergovernmental coordination and review consistent with State and Federal laws.  Reasonable opportunities for review and comment on Agency actions will be afforded consistent with schedules for Agency decisions prescribed by law, regulation, or Agency policy.  Where applicable, Agency administrative procedures on regulatory and programmatic functions shall be administered in a manner which is consistent with the Farmland Preservation Act. Protection of agricultural lands shall be carried out in the following Agency actions:

A.       The Agency will continue to participate in an inter-agency committee to carry out the objectives of land preservation.

B.        Consideration of impacts on agricultural land shall be made within the process of developing new or revised regulations or administrative procedures.  In particular, the conversion of farmland shall be evaluated by the Agency in accordance with the National Environmental Policy Act (42 U.S.C. 4231 et seq.) in considering revisions to boundaries of facility planning areas designated in accordance with the Clean Water Act (P.L. 95-217, as amended).  Agency evaluation shall include consideration of comments from IDOA.

C.        The Agency will provide the Illinois Department of Agriculture (IDOA) wastewater permit application information for purposes of administering the Farmland Preservation Act.

D.       In conjunction with Agency approval of an FPA/construction grant (35 Ill. Adm. Code 362 and 363), potential farmland conversion will be considered in the decision making process.

E.        Wastewater treatment works construction grant applicants will be required to submit information for the State Clearinghouse Review.

F.        Agency programmatic activities shall support and encourage agricultural land protection programs to achieve a balanced resource management program.

(May, 1988; revised)

Illinois Environmental Protection Agency – Illinois Department of

Agriculture Cooperative Working Agreement

A.       The IEPA shall provide official notification to the IDOA on a developing facility plan if the facility plan necessitates the creation of a new FPA or an expansion of an approved FPA; however, no notice shall be required for any activity occurring within an approved FPA.  An official notification will include the following information when available from the project applicant:

1.         Project description;

2.         Map indicating general project location in the county;

3.         The most current soil survey map showing precise project boundaries;

4.         Identification of all land classes (I-VIII) lying within project boundaries and the number of acres contained within each land class;

5.         Identification of zoning and whether the project is in compliance with a comprehensive plan regulating the project area, if applicable;

6.         Identification of land use within project area and of that land contiguous to it;

7.         The project proposal discussing how the size and location of the proposed project shall meet and not exceed the goals of the project thereby avoiding unnecessary farmland conversion;

8.         Explanation of project location;

9.         Name, address and telephone number of individual who provided the above information.

The IDOA will initiate its Study of Agricultural Impacts upon receiving the notification and will complete the study in accordance with 8 Ill. Adm. Code 700.Appendix A, Exhibit A, "Time Limitations."

Where applicable, the IEPA will not release information to the general public relative to a final decision on a project subject to the IDOA's Study of Agricultural Impacts until the IDOA has completed its study.  If a project is not in compliance with the IEPA's policy statement and/or working agreement and a compromise cannot be reached, the IDOA shall invoke the Conflict Resolution Process in accordance with 8 Ill. Adm. Code 700.Appendix A, Exhibit C.

Upon approval of an FPA subject to this working agreement, IEPA will forward to IDOA the highest quality map available, delineating the boundaries to the new or modified FPA.

B.        IEPA shall notify IDOA in writing when a petition is submitted to IEPA invoking the "Procedures and Requirements for Conflict Resolution in Revising Water Quality Management Plans" (35 Ill. Adm. Code 351).  In turn, IDOA shall notify in writing the appropriate Soil and Water Conservation District (S&WCD).  Notification shall include:

1.         Those instances which would revise the Water Quality Management Plans (WQM) as outlined in 35 Ill. Adm. Code 351.103.

2.         Those instances where exceptions to boundaries for FPA's may be granted without revising the WQM Plan as discussed in 35 Ill. Adm. Code 351.502.

Adequate notification shall be given to enable IDOA and the S&WCD to review the petition and participate as outlined in 35 Ill. Adm. Code 351.

C.        When the project converts or has the potential to convert farmland, IDOA shall encourage the local S&WCD to participate in providing inputs into:

1.        IEPA regulatory programs covered by P.A. 82-682 (facility sitting under the Environmental Protection Act); and

2.        Issues covered by 35 Ill. Adm. Code 351.

D.       IEPA will notify IDOA in writing of permit applications received for the development and operation of new municipal waste landfills not subject to the facility sitting provisions of P.A. 82-682.

E.        IEPA will notify IDOA in writing of submitted permit applications that pertain to new facilities or modifications to existing facilities which are located outside of approved facility planning areas.

F.        IEPA shall inform applicants for Wastewater Construction Grants of existing farmland protection policies and of information required on grant applications in accordance with the National Environmental Policy Act.  Data required by the Agriculture and Food Act of 1981, P.L. 97-98, shall be solicited by the applicant from the U.S.D.A. Soil Conservation Service.  In cases where these data are not available from SCS, IDOA shall endeavor to provide the necessary information to the applicant to complete the application where possible.

G.       IDOA shall provide IEPA with current maps of the highest quality available, delineating the boundaries of all approved Agricultural Areas in the State.

H.       Should either agency experience changes in policy or procedures which would alter the manner in which the agreement would be executed, the other agency shall be informed for the purpose of negotiating a new agreement.

(May, 1988; revised)

(Source:  Amended at 13 Ill. Reg. 3653, effective March 13, 1989)