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90_HB2903
510 ILCS 77/25
Amends the Livestock Management Facilities Act concerning
odor control. Makes a technical change.
LRB9010184PTsb
LRB9010184PTsb
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 (Text of Section before amendment by P.A. 90-565)
9 Sec. 25. Odor control. Operators of livestock waste
10 handling facilities shall practice odor control methods
11 during the course of manure removal and field application.
12 Odor control methods shall be those methods identified in the
13 rules adopted pursuant to the Illinois Environmental
14 Protection Act concerning agriculture related pollution.
15 (Source: P.A. 89-456, eff. 5-21-96.)
16 (Text of Section after amendment by P.A. 90-565)
17 Sec. 25. Odor control; violations.
18 (a) Operators of livestock waste handling facilities
19 shall practice odor control methods during the course of
20 manure removal and field application. Odor control methods
21 shall be those methods identified in the rules adopted
22 pursuant to the Illinois Environmental Protection Act
23 concerning agriculture related pollution.
24 (b) Every single-stage livestock waste lagoon constructed
25 after the effective date of this amendatory Act of 1997 shall
26 comply with the following operational guidelines:
27 (1) In operation, the lagoon must be maintained at
28 not less than the minimum design volume.
29 (2) The livestock waste supply to the lagoon must be
30 below the minimum design volume level.
31 (3) The livestock waste storage capacity of the
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1 lagoon must be greater than 270 days.
2 (c) Above-ground livestock waste holding structures must
3 be operated using odor control management guidelines based on
4 scientific peer review accepted by the Department and
5 determined to be economically feasible to the specific
6 operation.
7 (d) For a first violation of this Section by the owner
8 or operator of a livestock management facility or livestock
9 waste handling facility, the Department shall send the owner
10 or operator a written notice of the violation by certified
11 mail, return receipt requested.
12 If after an administrative hearing the Department finds
13 that the owner or operator of a livestock management facility
14 or livestock waste handling facility has committed a second
15 violation of this Section, the Department shall impose on the
16 owner or operator a civil administrative penalty in an amount
17 not exceeding $1,000. The Attorney General may bring an
18 action in the circuit court to enforce the collection of a
19 penalty imposed under this Section.
20 If after an administrative hearing the Department finds
21 that the owner or operator of a livestock management facility
22 or livestock waste handling facility has committed a third
23 violation of this Section, the Department shall enter an
24 administrative order directing that the owner or operator
25 cease operation of the facility until the violation is
26 corrected.
27 If a livestock management facility or livestock waste
28 handling facility has not committed a violation of this
29 Section within the 5 years immediately preceding a violation,
30 the violation shall be construed and treated as a first
31 violation.
32 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
33 Section 95. No acceleration or delay. Where this Act
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1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.