(510 ILCS 77/20)
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 animal units
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 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 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 change as provided in subsection
(e) of this Section that will materially affect compliance with the waste
(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 Illinois
Council on 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. 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
(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. 91-110, eff. 7-13-99; 92-16, eff. 6-28-01.)