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90_HB3164
510 ILCS 77/15
Amends the Livestock Management Facilities Act concerning
livestock waste lagoons. Makes a technical change.
LRB9009360PTsb
LRB9009360PTsb
1 AN ACT to amend the Livestock Management Facilities Act
2 by changing Section 15.
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 15 as follows:
7 (510 ILCS 77/15)
8 (Text of Section before amendment by P.A. 90-565)
9 Sec. 15. Livestock waste lagoon.
10 (a) Standards for livestock waste lagoon construction.
11 Any earthen livestock waste lagoon subject to registration
12 shall be constructed or modified in accordance with "Design
13 of Anaerobic Lagoons for Animal Waste Management" promulgated
14 by the American Society of Agricultural Engineers and
15 designated (ASAE EP403.1) or the national guidelines as
16 published by the United States Department of Agriculture
17 Natural Resource Conservation Service in Illinois and titled
18 Waste Treatment Lagoon. The owner or operator of the earthen
19 livestock lagoon may, with approval from the Department,
20 modify or exceed these standards in order to meet site
21 specific objectives. The Department shall determine
22 compliance with these requirements. The Department may
23 require changes in design or additional requirements to
24 protect groundwater, such as extra liner depth or synthetic
25 liners, when it appears groundwater could be impacted.
26 (b) Registration and certification. Any earthen
27 livestock waste lagoon newly constructed or modified (does
28 not include repairs) after the effective date of rules
29 adopted for the implementation of this Act shall be
30 registered by the owner or operator with the Department on a
31 form provided by the Department. Lagoons constructed prior
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1 to the effective date of rules adopted for the implementation
2 of this Act may register with the Department at no charge.
3 The owner or operator shall register such lagoon with the
4 Department during the preconstruction phase. Construction
5 shall not begin until 30 days after submittal of a
6 registration form by certified mail to the Department.
7 Livestock waste lagoon registration forms shall be made
8 available to producers at offices of the Department of
9 Agriculture, Cooperative Extension Service, and Soil and
10 Water Conservation Districts.
11 Registration information shall include the following:
12 (1) Name(s) and address(es) of the owner and
13 operator who are responsible for the livestock waste
14 lagoon.
15 (2) General location of lagoon.
16 (3) Design construction plans and specifications.
17 (4) Specific location information:
18 (A) Distance to a private or public potable
19 well;
20 (B) Distance to closest occupied private
21 residence (other than any occupied by owner or
22 operator);
23 (C) Distance to nearest stream; and
24 (D) Distance to nearest populated area.
25 (5) Anticipated beginning and ending dates of
26 construction.
27 (6) Type of livestock and number of animal units.
28 The Department of Agriculture upon receipt of a livestock
29 waste lagoon registration form shall review the form to
30 determine that all required information has been provided.
31 The person filing the registration shall be notified within
32 15 working days that the registration is complete or that
33 clarification of information is needed. No later than 10
34 working days after receipt of the clarification information,
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1 the Department shall notify the owner or operator that the
2 registration is complete.
3 The Department shall inspect an earthen livestock waste
4 lagoon during at least one of the following phases:
5 preconstruction, construction, and post-construction. The
6 Department shall require modifications when necessary to
7 bring construction in compliance with the standards as set
8 forth in subsection (a) of Section 15. The person making the
9 inspection shall discuss with the owner or operator an
10 evaluation of the livestock waste lagoon construction and
11 provide on-site written recommendations to the owner or
12 operator of what modifications are necessary or that the
13 lagoon meets the standards set forth in subsection (a) of
14 Section 15.
15 The person making any inspection shall comply with
16 reasonable animal health protection procedures as requested
17 by the owner or operator.
18 Upon completion of the construction or modification, but
19 prior to placing the lagoon in service, the owner or operator
20 of the livestock waste lagoon shall certify on a form
21 provided by the Department that the lagoon has been
22 constructed or modified in accordance with the standards set
23 forth in subsection (a) of Section 15 and that the
24 information provided on the registration form is correct.
25 (1) The certification notice to the Department
26 shall include a certification statement and signature.
27 (2) The certification shall state: "I hereby
28 certify that the information provided on this form is
29 correct and that the lagoon has been constructed in
30 accordance with the standards as required by the
31 Livestock Management Facilities Act."
32 The owner or operator of the lagoon may proceed to place
33 the lagoon in service no earlier than 10 working days after
34 submitting to the Department a certification of compliance
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1 statement.
2 (c) Complaint procedure. Any person having a complaint
3 concerning an earthen livestock waste lagoon may file a
4 complaint with the Agency. If the Agency finds that
5 groundwater has been negatively impacted because of
6 structural problems with the earthen lagoon, the Agency shall
7 notify the Department that modification of the lagoon is
8 necessary. The livestock owner or operator or the Department
9 may request guidance from the United States Department of
10 Agriculture Natural Resource Conservation Service or the
11 University of Illinois Cooperative Extension Service.
12 The person making any inspection shall comply with animal
13 health protection procedures as requested by the owner or
14 operator.
15 Any earthen livestock waste lagoon in service prior to
16 the effective date of the rules for implementation of this
17 Act is not subject to registration but is only subject to the
18 complaint procedure. However, any such livestock waste
19 lagoon found impacting groundwater shall be required to be
20 repaired, modified, or have procedures instituted so
21 groundwater is not negatively impacted.
22 If an investigation reveals groundwater has been
23 negatively impacted, the Department and Agency shall
24 cooperate with the owner or operator of the affected
25 livestock waste lagoon to provide a reasonable solution to
26 protect the groundwater.
27 Nothing in this Section shall limit the Agency's
28 authority under the Environmental Protection Act to
29 investigate and respond to violations of the Environmental
30 Protection Act or rules adopted under that Act.
31 (d) Livestock waste lagoon registration fee. The
32 livestock waste lagoon registration fee is $50.
33 (e) Closure of livestock waste lagoons. When any earthen
34 livestock waste lagoon is removed from service, it shall be
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1 completely emptied. Appropriate closure procedures shall be
2 followed as determined by rule. The remaining hole must be
3 filled. The closure requirements shall be completed within
4 two years from the date of cessation of operation unless the
5 lagoon is maintained or serviced. The Department may grant a
6 waiver to the before-stated closure requirements that will
7 permit the lagoon to be used for an alternative purpose.
8 Upon a change in ownership of a registered earthen
9 livestock waste lagoon, the owner shall notify the Department
10 of the change within 30 working days of the closing of the
11 transaction.
12 (f) Administrative authority. All actions of the
13 Department of Agriculture are subject to the Illinois
14 Administrative Procedure Act.
15 Any earthen livestock waste lagoon subject to
16 registration shall not begin operation until the owner or
17 operator of the lagoon has met the requirements of this Act.
18 The owner or operator of any earthen livestock waste
19 lagoon subject to registration that has not been registered
20 or constructed in accordance with standards set forth in
21 subsection (a) of Section 15 shall, upon being identified as
22 such by the Department, be given written notice by the
23 Department to register and certify the lagoon within 10
24 working days of receipt of the notice. The Department may
25 inspect such lagoon and require compliance in accordance with
26 subsections (a) and (b) of this Section. If the owner or
27 operator of the livestock waste lagoon that is subject to
28 registration fails to comply with the notice, the Department
29 may issue a cease and desist order until such time as
30 compliance is obtained with the requirements of this Act.
31 Failure to construct the lagoon in accordance with the
32 construction plan and Department recommendations is a
33 business offense punishable by a fine of not more than
34 $5,000.
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1 (Source: P.A. 89-456, eff. 5-21-96.)
2 (Text of Section after amendment by P.A. 90-565)
3 Sec. 15. Livestock waste lagoon.
4 (a) Standards for livestock waste lagoon construction;
5 compliance; and changes. Any earthen livestock waste lagoon
6 subject to registration shall be constructed or modified in
7 accordance with "Design of Anaerobic Lagoons for Animal Waste
8 Management" promulgated by the American Society of
9 Agricultural Engineers or the national guidelines as
10 published by the United States Department of Agriculture
11 Natural Resource Conservation Service in Illinois and titled
12 Waste Treatment Lagoon. The owner or operator of the earthen
13 livestock lagoon may, with approval from the Department,
14 modify or exceed these standards in order to meet site
15 specific objectives. Notwithstanding any other requirement
16 of this subsection, every earthen livestock waste lagoon
17 shall include the construction of a secondary berm, filter
18 strip, grass waterway, or terrace, or any combination of
19 those, outside the perimeter of the primary berm if an
20 engineer licensed under the Professional Engineering Practice
21 Act of 1989 and retained by the registrant determines, with
22 the concurrence of the Department, that construction of such
23 a secondary berm or other feature or features is necessary in
24 order to ensure against a release of livestock waste from the
25 lagoon (i) that encroaches or is reasonably expected to
26 encroach upon land other than the land occupied by the
27 livestock waste handling facility of which the lagoon is a
28 part or (ii) that enters or is reasonably expected to enter
29 the waters of this State. The Department shall determine
30 compliance with these requirements. The Department may
31 require changes in design or additional requirements to
32 protect groundwater, such as extra liner depth or synthetic
33 liners, when it appears groundwater could be impacted.
34 (b) Registration and certification. Any earthen
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1 livestock waste lagoon newly constructed or modified (does
2 not include repairs) after the effective date of rules
3 adopted for the implementation of this Act shall be
4 registered by the owner or operator with the Department on a
5 form provided by the Department. Lagoons constructed prior
6 to the effective date of rules adopted for the implementation
7 of this Act may register with the Department at no charge.
8 In order to give the Department notice of the owner's or
9 operator's intent to construct or modify an earthen livestock
10 waste lagoon, the owner or operator shall register such
11 lagoon with the Department during the preconstruction phase.
12 Construction shall not begin until 30 days after submittal of
13 a registration form by certified mail to the Department.
14 When an informational meeting is requested by the county,
15 construction shall not begin until after the informational
16 meeting has been held.
17 Livestock waste lagoon registration forms shall be made
18 available to producers at offices of the Department of
19 Agriculture, Cooperative Extension Service, and Soil and
20 Water Conservation Districts.
21 Registration information shall include the following:
22 (1) Name(s) and address(es) of the owner and
23 operator who are responsible for the livestock waste
24 lagoon.
25 (2) General location of lagoon.
26 (3) Design construction plans and specifications.
27 (4) Specific location information:
28 (A) Distance to a private or public potable
29 well;
30 (B) Distance to closest occupied private
31 residence (other than any occupied by owner or
32 operator);
33 (C) Distance to nearest stream; and
34 (D) Distance to nearest populated area.
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1 (5) Anticipated beginning and ending dates of
2 construction.
3 (6) Type of livestock and number of animal units.
4 The Department of Agriculture upon receipt of a livestock
5 waste lagoon registration form shall review the form to
6 determine that all required information has been provided.
7 The person filing the registration shall be notified within
8 15 working days that the registration is complete or that
9 clarification of information is needed. No later than 10
10 working days after receipt of the clarification information,
11 the Department shall notify the owner or operator that the
12 registration is complete.
13 The Department shall inspect an earthen livestock waste
14 lagoon during preconstruction, construction, and
15 post-construction. The Department shall require
16 modifications when necessary to bring construction in
17 compliance with the standards as set forth in subsection (a)
18 of Section 15. The person making the inspection shall
19 discuss with the owner, operator, or certified livestock
20 manager an evaluation of the livestock waste lagoon
21 construction and shall (i) provide on-site written
22 recommendations to the owner, operator, or certified
23 livestock manager of what modifications are necessary or (ii)
24 inform the owner, operator, or certified livestock manager
25 that the lagoon meets the standards set forth in subsection
26 (a) of Section 15. On the day of the inspection, the person
27 making the inspection shall give the owner, operator, or
28 certified livestock manager a written report of his or her
29 findings based on the inspection, together with an
30 explanation of any remedial measures necessary to enable the
31 lagoon to meet the standards set forth in subsection (a).
32 The person making any inspection shall comply with
33 reasonable animal health protection procedures as requested
34 by the owner, operator, or certified livestock manager.
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1 Upon completion of the construction or modification, but
2 prior to placing the lagoon in service, the owner or operator
3 of the livestock waste lagoon shall certify on a form
4 provided by the Department that the lagoon has been
5 constructed or modified in accordance with the standards set
6 forth in subsection (a) of Section 15 and that the
7 information provided on the registration form is correct.
8 (1) The certification notice to the Department
9 shall include a certification statement and signature.
10 (2) The certification shall state: "I hereby
11 certify that the information provided on this form is
12 correct and that the lagoon has been constructed in
13 accordance with the standards as required by the
14 Livestock Management Facilities Act."
15 The owner or operator of the lagoon may proceed to place
16 the lagoon in service no earlier than 10 working days after
17 submitting to the Department a certification of compliance
18 statement.
19 (b-5) Public informational meeting. Within 7 days after
20 receiving a registration form giving notice of an intent to
21 construct or modify an earthen livestock waste lagoon after
22 the effective date of this amendatory Act of 1997, the
23 Department shall send a copy of the registration form to the
24 county board of the county in which the lagoon is or is to
25 be located. After receiving a copy of a lagoon registration
26 form from the Department under this subsection, within 30
27 days the county board may at its discretion request that the
28 Department conduct a public informational meeting within 15
29 days of the request concerning the proposed construction or
30 modification of the lagoon. If the Department conducts such
31 a meeting, then at least 10 days before the meeting, the
32 Department shall cause notice of the meeting to be published
33 in a newspaper of general circulation in the county or the
34 State newspaper. The owner or operator who submitted the
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1 registration form to the Department shall appear at the
2 meeting. At the meeting, the Department shall afford members
3 of the public an opportunity to ask questions and present
4 oral or written testimony concerning the proposed
5 construction or modification of the lagoon.
6 (c) Complaint procedure. Any person having a complaint
7 concerning an earthen livestock waste lagoon may file a
8 complaint with the Agency. If the Agency finds that
9 groundwater has been negatively impacted because of
10 structural problems with the earthen lagoon, the Agency shall
11 notify the Department that modification of the lagoon is
12 necessary. The livestock owner or operator or the Department
13 may request guidance from the United States Department of
14 Agriculture Natural Resource Conservation Service or the
15 University of Illinois Cooperative Extension Service.
16 The person making any inspection shall comply with animal
17 health protection procedures as requested by the owner or
18 operator.
19 Any earthen livestock waste lagoon in service prior to
20 the effective date of the rules for implementation of this
21 Act is not subject to registration but is only subject to the
22 complaint procedure. However, any such livestock waste
23 lagoon found impacting groundwater shall be required to be
24 repaired, modified, or have procedures instituted so
25 groundwater is not negatively impacted.
26 If an investigation reveals groundwater has been
27 negatively impacted, the Department and Agency shall
28 cooperate with the owner or operator of the affected
29 livestock waste lagoon to provide a reasonable solution to
30 protect the groundwater.
31 Nothing in this Section shall limit the Agency's
32 authority under the Environmental Protection Act to
33 investigate and respond to violations of the Environmental
34 Protection Act or rules adopted under that Act.
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1 (d) Livestock waste lagoon registration fee. The
2 livestock waste lagoon registration fee is $50.
3 (d-5) Reporting release of waste. An owner or operator
4 of a lagoon shall report to the Agency any release of
5 livestock waste from a lagoon within 24 hours after the
6 discovery of the release. The procedure for reporting
7 releases shall be adopted by the Agency by rule.
8 For a first violation of this subsection (d-5) by the
9 owner or operator of a livestock management facility or
10 livestock waste handling facility, the Department shall send
11 the owner or operator a written notice of the violation by
12 certified mail, return receipt requested.
13 If after an administrative hearing the Department finds
14 that the owner or operator of a livestock management facility
15 or livestock waste handling facility has committed a second
16 violation of this subsection (d-5), the Department shall
17 impose on the owner or operator a civil administrative
18 penalty in an amount not exceeding $1,000. The Attorney
19 General may bring an action in the circuit court to enforce
20 the collection of a penalty imposed under this subsection
21 (d-5).
22 If after an administrative hearing the Department finds
23 that the owner or operator of a livestock management facility
24 or livestock waste handling facility has committed a third
25 violation of this subsection (d-5), the Department shall
26 enter an administrative order directing that the owner or
27 operator cease operation of the facility until the violation
28 is corrected.
29 If a livestock management facility or livestock waste
30 handling facility has not committed a violation of this
31 subsection (d-5) within the 5 years immediately preceding a
32 violation, the violation shall be construed and treated as a
33 first violation.
34 (e) Closure of livestock waste lagoons. When any earthen
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1 livestock waste lagoon is removed from service, it shall be
2 completely emptied. Appropriate closure procedures shall be
3 followed as determined by rule. The remaining hole must be
4 filled. The closure requirements shall be completed within
5 two years from the date of cessation of operation unless the
6 lagoon is maintained or serviced. The Department may grant a
7 waiver to the before-stated closure requirements that will
8 permit the lagoon to be used for an alternative purpose.
9 Upon a change in ownership of a registered earthen
10 livestock waste lagoon, the owner shall notify the Department
11 of the change within 30 working days of the closing of the
12 transaction.
13 (f) Administrative authority. All actions of the
14 Department of Agriculture are subject to the Illinois
15 Administrative Procedure Act.
16 Any earthen livestock waste lagoon subject to
17 registration shall not begin operation until the owner or
18 operator of the lagoon has met the requirements of this Act.
19 The owner or operator of any earthen livestock waste
20 lagoon subject to registration that has not been registered
21 or constructed in accordance with standards set forth in
22 subsection (a) of Section 15 shall, upon being identified as
23 such by the Department, be given written notice by the
24 Department to register and certify the lagoon within 10
25 working days of receipt of the notice. The Department may
26 inspect such lagoon and require compliance in accordance with
27 subsections (a) and (b) of this Section. If the owner or
28 operator of the livestock waste lagoon that is subject to
29 registration fails to comply with the notice, the Department
30 may issue a cease and desist order until such time as
31 compliance is obtained with the requirements of this Act.
32 Failure to construct the lagoon in accordance with the
33 construction plan and Department recommendations is a
34 business offense punishable by a fine of not more than
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1 $5,000.
2 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)