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90_HB3680 510 ILCS 77/10.24 new 510 ILCS 77/10.90 new 510 ILCS 77/11 new 510 ILCS 77/12 new 510 ILCS 77/13 new 510 ILCS 77/40 510 ILCS 77/65 new Amends the Livestock Management Facilities Act. Defines industrial livestock management facility and waters. Provides prohibitions for the siting of industrial livestock management facilities and for water degradation. Provides water monitoring requirements and provides for enforcement of the Act under the civil and criminal penalty provisions of the Environmental Protection Act. Provides that the Department of Agriculture and the Environmental Protection Agency (now Department of Agriculture) shall annually request funds to perform scientific environmental research pertinent to livestock management facilities and livestock waste handling facilities. Provides that the Department and Agency shall make recommendations to the Governor and General Assembly concerning environmental regulation of these facilities. LRB9010927PTsbA LRB9010927PTsbA 1 AN ACT to protect drinking water supplies, rivers, lakes, 2 and streams from livestock waste from industrial livestock 3 management facilities. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Livestock Management Facilities Act is 7 amended by changing Section 40 and adding Sections 10.24, 8 10.90, 11, 12, 13, and 65 as follows: 9 (510 ILCS 77/10.24 new) 10 Sec. 10.24. Industrial livestock management facility. 11 "Industrial livestock management facility" means any 12 livestock management facility serving 500 or more animal 13 units. 14 (510 ILCS 77/10.90 new) 15 Sec. 10.90. Waters. "Waters" has the meaning provided 16 in Section 3.56 of the Environmental Protection Act. 17 (510 ILCS 77/11 new) 18 Sec. 11. Prohibitions on siting of industrial livestock 19 management facilities. 20 (a) Grandfather provision for facilities in existence 21 prior to January 1, 1998. Industrial livestock management 22 facilities in existence prior to January 1, 1998 shall comply 23 with siting provisions and prohibitions in existence prior to 24 January 1, 1998. The grandfathered facilities may be 25 expanded only by a total of more than 250 animal units if 26 they meet the requirements for siting new industrial 27 livestock management facilities. 28 (b) New industrial livestock management facilities. No 29 livestock waste shall be created, stored, or applied at any -2- LRB9010927PTsbA 1 industrial livestock management facility: 2 (1) In any location where there is a significant 3 risk that the waste or any of the pollutants (including 4 nitrogen, phosphorous, and other pollutants) contained in 5 the waste may enter waters unless the facility has 6 obtained an NPDES permit from the Illinois Environmental 7 Protection Agency. 8 (2) Within the boundary of the 100 year floodplain. 9 (3) In an area of karst topography. 10 (4) In a location less than 5 feet above the 11 seasonal high water table. 12 (5) Less than one-quarter mile from any river or 13 stream draining 5 square miles or more. 14 (510 ILCS 77/12 new) 15 Sec. 12. Water monitoring requirements 16 (a) Prior to October 31, 1998, the Illinois Pollution 17 Control Board shall establish regulations for the monitoring 18 of waters that may be affected by the operation of industrial 19 livestock management facilities. These methods shall 20 prescribe the methods adequate to establish baseline water 21 quality condition in waters that may be affected by the 22 opening of an industrial livestock management facility. 23 These regulations shall prescribe methods adequate to 24 determine if there has been degradation of the chemical, 25 physical, or biological integrity of the waters subsequent to 26 the opening of the facility. 27 (b) No person shall open an industrial livestock 28 management facility after January 1, 1998 prior to conducting 29 monitoring adequate to establish the baseline water quality 30 conditions in all waters that may be affected by the facility 31 and filing the results of this monitoring with the Agency. 32 (c) All operators of industrial livestock management 33 facilities existing as of January 1, 1998 shall, no later -3- LRB9010927PTsbA 1 than May 1, 1999, conduct monitoring adequate to establish 2 baseline conditions in all of the waters that may be affected 3 by the operation of the facility. The results of this 4 monitoring shall be filed with the Agency no later than 5 August 1, 1999. 6 (d) All operators of industrial livestock management 7 facilities whose facilities have opened prior to June 1, 1999 8 shall conduct monitoring adequate to determine if there has 9 been degradation of the chemical, physical, or biological 10 integrity of waters that may be affected by the operation of 11 the facility and file the results of this monitoring with the 12 Agency no later than December 31, 2000. Thereafter, every 13 operator of an industrial livestock management facility that 14 has been open at least 7 months shall conduct monitoring 15 adequate to determine if there has been degradation of the 16 chemical, physical, or biological integrity of waters that 17 may be affected by the operation of the facility and file the 18 results of this monitoring with the Agency at the end of each 19 calendar year in which the facility has operated and each 20 year for 5 years after the facility ceases operation. 21 (e) All reports required to be filed by this Section 22 with the Agency shall be made reasonably accessible to the 23 public. 24 (510 ILCS 77/13 new) 25 Sec. 13. Prohibition on degrading waters through 26 operation of an industrial livestock management facility 27 (a) No person shall cause degradation of the physical, 28 chemical, or biological integrity of any waters in the State 29 through operation of an industrial livestock management 30 facility unless the pollution causing the degradation was 31 permitted by an NPDES permit issued by the Agency in 32 compliance with Illinois' nongradation policy. 33 (b) It shall be prima facia evidence that the operator -4- LRB9010927PTsbA 1 of an industrial livestock management facility has caused the 2 degradation of waters if the monitoring data required to be 3 taken by Section 12 shows that water quality conditions have 4 worsened since the establishment of baseline conditions. 5 (510 ILCS 77/40) 6 Sec. 40. Environmental research. Environmental research 7 is critical to a livestock producer's ability to implement 8 sound, integrated management systems that will enhance 9 industry profitability and protect the environment. 10 The Department of Agriculture and the Environmental 11 Protection Agency shall annually request appropriations to 12 fund environmental research projects pertinent to livestock 13 management facilities and livestock waste handling 14 facilities. Projects may include scientific research,
both15 university research, and on-farm applied research. 16 Priorities should be given to the following: 17 (1) Determination of the contribution of soil applied 18 livestock nutrient volatilization, leaching or storage in the 19 soil and methods of application. 20 (2) Integrated systems that maintain and enhance water 21 quality. 22 (3) Odor reduction and control through chemical, 23 biological, or mechanical means. 24 (4) Environmental quality in livestock facilities 25 affecting owner, operator, and employee health. 26 (5) Environmental quality that could affect residents 27 who live adjacent to livestock facilities. 28 (6) Reviewing, evaluating, and recommending State laws 29 and regulations to the Governor and General Assembly 30 addressing environmental concerns of livestock management 31 facilities and livestock waste handling facilities. 32 (Source: P.A. 89-456, eff. 5-21-96.) -5- LRB9010927PTsbA 1 (510 ILCS 77/65 new) 2 Sec. 65. Enforcement 3 (a) Any person that violates this Act shall be subject 4 to the applicable civil and criminal penalties established by 5 Sections 42, 43, 44, 44.1, and 45 of the Environmental 6 Protection Act. 7 (b) In addition to any other remedy provided by law, any 8 person aggrieved by reason of a violation or threatened 9 violation of this Act may bring suit for actual damages and 10 injunctive relief in the circuit court for any county in 11 which the alleged violation took place or in which the waters 12 allegedly degraded or which may be degraded by the alleged 13 violation are located.
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