State of Illinois
91st General Assembly
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[ Senate Amendment 001 ]

91_SB0071

 
                                              LRB9100749LDsbA

 1        AN  ACT  to amend the Livestock Management Facilities Act
 2    by changing Sections 15 and 20 and by adding Sections  10.24,
 3    10.26, 11, 12, 12.1, 13, 18, and 54.

 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 Sections 15 and 20 and by adding Sections
 8    10.24, 10.26, 11, 12, 12.1, 13, 18 and 54 as follows:

 9        (510 ILCS 77/10.24 new)
10        Sec. 10.24.  Karst area.  "Karst area" means an area with
11    a land surface containing sinkholes, large springs, disrupted
12    land  drainage,  and  underground drainage systems associated
13    with karstified carbonate bedrock and caves or a land surface
14    without these features but containing a karstified  carbonate
15    bedrock  unit  generally  overlain  by  less  than 60 feet of
16    unconsolidated materials.

17        (510 ILCS 77/10.26 new)
18        Sec. 10.26.  Karstified  carbonate  bedrock.  "Karstified
19    carbonate  bedrock" means a carbonate bedrock unit (limestone
20    or dolomite) that  has  a  pronounced  conduit  or  secondary
21    porosity  due  to  dissolution  of  the  rock  along  joints,
22    fractures, or bedding plains.

23        (510 ILCS 77/11 new)
24        Sec.  11.  Filing  notice  of  intent  to  construct  and
25    construction data; registration of facilities.
26        (a)  An  owner  or operator shall file a notice of intent
27    to construct for a livestock management facility or livestock
28    waste  handling  facility  with  the  Department   prior   to
29    construction  to  establish a base date, which shall be valid
 
                            -2-               LRB9100749LDsbA
 1    for one year, for determination  of  setbacks  in  compliance
 2    with  setback  distances or, in the case of construction that
 3    is not a new facility, with  the  maximum  feasible  location
 4    requirements of Section 35 of this Act.
 5        (b)  For  a livestock waste handling facility that is not
 6    subject to Section 12 of this Act, a construction plan of the
 7    waste handling structure with design  specifications  of  the
 8    structure  noted  as prepared by or for the owner or operator
 9    shall be filed with the Department at least 10 calendar  days
10    prior  to the anticipated dates of construction. Upon receipt
11    of the notice of intent to construct form or the construction
12    plan, the Department shall review the documents to  determine
13    if  all information has been submitted or if clarification is
14    needed.  The Department shall, within  15  calendar  days  of
15    receipt   of   a   notice  of  intent  to  construct  or  the
16    construction  plan,  notify  the  owner  or   operator   that
17    construction may begin or that clarification is needed.
18        (c)  For  a  livestock  waste  handling  facility that is
19    subject to Section 12 of this Act, a  completed  registration
20    shall  be filed with the Department at least 37 calendar days
21    prior  to  the  anticipated  dates  of   construction.    The
22    registration  shall  include  the  following:  (i)  name  and
23    address  of  the  owner  and  operator of the livestock waste
24    handling  facility;  (ii)  a  general  description   of   the
25    livestock waste handling structure and the type and number of
26    the   animal   units   of  livestock  it  serves;  (iii)  the
27    construction plan of the waste handling structure with design
28    specifications of the structure noted as prepared by  or  for
29    the   owner  or  operator,  and  (iv)  anticipated  dates  of
30    construction.  The Department shall within 15  calendar  days
31    of  receipt  of  the  registration  form,  notify  the person
32    submitting the form that the registration is complete or that
33    clarification information is needed.
34        (d)  Any person who fails to file a notice of  intent  to
 
                            -3-               LRB9100749LDsbA
 1    construct  form  or  construction  plans  with the Department
 2    prior to commencing construction, upon  being  discovered  by
 3    the Department, shall be notified and given a 10 business day
 4    period  to  file  the appropriate forms. If a person fails to
 5    file the forms within 10 business  days  of  receipt  of  the
 6    Department's   notice,   the   Department   shall   hold   an
 7    administrative  hearing.   The administrative law judge, upon
 8    determination of a  failure  to  file  the  appropriate  form
 9    within 10 business days after notice from the Department, may
10    assess  a  monetary  penalty  of  no more than $500 and shall
11    order that person to file the appropriate  form.   If,  after
12    receiving  the  administrative  law  judge's order to file, a
13    person  fails  to  file  the  appropriate   form   with   the
14    Department,   the   Department   shall  file  a  request  for
15    injunction to prohibit the operation of  the  facility  until
16    the person is in compliance with this Act.

17        (510 ILCS 77/12 new)
18        Sec. 12. Public informational meeting.
19        (a)  The   General   Assembly   recognizes   that  actual
20    management practices for operating a livestock waste handling
21    facility may vary from day to day due to economic conditions,
22    weather conditions, and the demands of the enterprise as well
23    as the demands  of  other  enterprises  associated  with  the
24    entity.   To  enhance  public  understanding,  the  owner  or
25    operator of a  livestock  waste  handling  facility  that  is
26    subject  to  this  Section  shall  inform  the public and the
27    county  board  generally  about  construction  standards  and
28    proposed plans for operating to minimize  the  likelihood  of
29    environmental  damage  to  the  surrounding area from spills,
30    runoff, and leaching. A facility's management  practices  for
31    operating   a  livestock  waste  handling  facility  are  not
32    intended  to  be  used  as  an   enforcement   document   for
33    determining violations.
 
                            -4-               LRB9100749LDsbA
 1        (b) The Illinois General Assembly finds that the presence
 2    of  odor  is an inherent characteristic of animal enterprises
 3    and  that  the  detection  of  such  odor  does  not  per  se
 4    constitute air pollution. Eliminating all odors  from  animal
 5    enterprises  is  generally  not  technically nor economically
 6    feasible, but odor nuisance  problems  may  be  minimized  by
 7    properly  storing and applying livestock waste. Odor nuisance
 8    is  generally  defined  by  the  following  4  factors:   (i)
 9    frequency,   (ii)   intensity,   (iii)   duration,  and  (iv)
10    offensiveness.
11        Odor sensation is a personal response. Odor observers are
12    not equally sensitive, nor do they always  agree  as  to  the
13    severity of an odor once it is detected. Odor fluctuates with
14    climatic conditions, such as wind direction, temperature, and
15    atmospheric   stability.   Because  climatic  conditions  and
16    changes in daily practices do vary, a proposed plan for  odor
17    control  is  an  important  management  tool  in  focusing an
18    operator's thinking concerning  methods  of  minimizing  odor
19    nuisance complaints, however, the actual determination by the
20    Agency  of  when  pollution  is occurring is set forth in the
21    Illinois Environmental Protection Act.
22        (c)  Beginning on the effective date of  this  amendatory
23    Act  of  1999,  within  7  calendar  days  after  receiving a
24    completed registration  form  for  any  new  livestock  waste
25    handling   facility   (lagoon   or   non-lagoon),  management
26    facility, or livestock waste handling facility serving  1,000
27    or more animal units, the Department shall send a copy of the
28    notice  of intent to construct form by certified mail, return
29    receipt requested, to the county board of the county in which
30    the facility is or will be located.
31        (d)  After receiving  a  copy  of  the  notice  from  the
32    Department,  the  county  board  may,  at  its discretion and
33    within 30 calendar days after receipt of the notice,  request
34    that   the   Department   conduct  an  informational  meeting
 
                            -5-               LRB9100749LDsbA
 1    concerning the proposed construction of a  facility  that  is
 2    subject  to  this  Section.  In  addition,  during the county
 3    board's 30-day review period, residents of the  county  where
 4    the  proposed  new  facility  that is subject to this Section
 5    will be located may petition the county board to request that
 6    the  Department  conduct  an  informational   meeting.   When
 7    petitioned  by  75  or more of the county's residents who are
 8    registered voters, the county board shall  request  that  the
 9    Department  conduct  an  informational meeting. If the county
10    board requests that the Department conduct the  informational
11    meeting,  the  Department  shall  conduct  the  informational
12    meeting  within  30  calendar  days  of receipt of the county
13    board's request. If the Department conducts such  a  meeting,
14    it  shall  cause  notice  of the meeting to be published in a
15    newspaper of general circulation in  the  county  or  in  the
16    State newspaper at least 10 calendar days before the meeting.
17    The  owner  or operator who submitted the notice of intent to
18    construct to the Department shall appear at the  meeting.  At
19    the  meeting,  the  Department  shall  afford  members of the
20    public an opportunity to ask questions and  present  oral  or
21    written  comments  concerning  the proposed construction. The
22    county board shall submit at  the  informational  meeting  or
23    within 30 days following the meeting an advisory, non-binding
24    recommendation  to  the  Department  about  the  proposed new
25    facility's construction in  accordance  with  the  applicable
26    requirements of this Act.
27        (e)  When  the  county  board  requests  an informational
28    meeting, construction shall not begin until after:
29             (1)  the informational meeting has been held;
30             (2)  the Department has reviewed the county  board's
31        recommendation   and   replied   to   the  recommendation
32        indicating  whether  the  proposed  new  livestock  waste
33        handling  facility  will  be  in  compliance   with   the
34        requirements of the Act; and
 
                            -6-               LRB9100749LDsbA
 1             (3)  the  owner or operator who submitted the notice
 2        of intent to  construct  has  received  the  Department's
 3        notice  that all applicable requirements of this Act have
 4        been met.
 5        (f)  At  the  informational  meeting  the  Department  of
 6    Agriculture  shall  solicit  information  by   testimony   or
 7    otherwise regarding the following subjects:
 8             (1)  the proposed facility's registration (lagoon or
 9        non-lagoon)   and   livestock   waste   management   plan
10        requirements;
11             (2)  whether the proposed facility design, location,
12        or proposed operation will be consistent with this Act;
13             (3)  whether   the   proposed   facility    location
14        minimizes any incompatibility with the surrounding area's
15        character   by   being  located  in  an  area  zoned  for
16        agriculture where the county has  zoning  or,  where  the
17        county is not zoned, the setback requirements established
18        by this Act are complied with;
19             (4)  whether the proposed facility is located within
20        a  100-year  floodplain  or  an otherwise environmentally
21        sensitive area (defined as an area of karst topography or
22        with aquifer material within 5 feet of the bottom of  the
23        livestock   waste   handling   facility),   and   whether
24        construction   standards  set  forth  in  the  lagoon  or
25        non-lagoon  registration   form   are   consistent   with
26        minimizing environmental problems in the area;
27             (5)  whether   the  proposed  facility's  plans  for
28        operation minimize the likelihood of environmental damage
29        to  the  surrounding  area  from  spills,   runoff,   and
30        leaching;
31             (6)  whether  the proposed facility's plans for odor
32        control are  reasonable  and  incorporate  reasonable  or
33        innovative  odor reduction technologies given the current
34        state of such technologies;
 
                            -7-               LRB9100749LDsbA
 1             (7)  whether the plans to deal with traffic patterns
 2        minimize the effect on existing traffic flow; and
 3             (8)  whether   applicable   zoning    and    setback
 4        requirements  of  this Act are met by the construction or
 5        modification and are consistent with  existing  community
 6        growth,  tourism,  recreation, or economic development or
 7        with  specific  projects  involving   community   growth,
 8        tourism,  recreation,  or  economic development that have
 9        been identified by government action for  development  or
10        operation within one year.
11        (g)  This  subsection  (g)  is to be used by the owner or
12    operator for guidance in addressing the  information  meeting
13    relative to subsection (f)(5) of this Section.
14             (1)  In  accordance  with  the legislative intent in
15        subsection (a) of this Section, the owner or operator  of
16        a  new  livestock waste handling facility subject to this
17        Section shall identify  practices  intended  to  be  used
18        relating  to the proper storage of livestock waste at the
19        facility.
20                  (A)  Non-lagoon   livestock   waste    handling
21             facility.  The  proper  design and construction of a
22             non-lagoon livestock waste handling facility is  the
23             primary  method  for protecting the environment from
24             stored livestock waste. A non-lagoon livestock waste
25             handling facility shall be designed and  constructed
26             in  accordance  with the requirements of Section 13.
27             The construction plan with design specifications  of
28             the  structure  or manufacturer's specification that
29             indicates the  structure  will  meet  the  standards
30             required  in  Section  13  for the protection of the
31             environment shall constitute the design and physical
32             environmental  protection  actions  portion   of   a
33             proposed  facility's  plans  for  operation  for the
34             informational meeting requirement in this Section.
 
                            -8-               LRB9100749LDsbA
 1                  (B)  Animal feeding operations. Animal  feeding
 2             operations  shall  have  adequate diversions, dikes,
 3             walls, or curbs that will prevent excessive  outside
 4             surface  runoff  waters  from  flowing  through  the
 5             animal  feeding  operation and will direct runoff to
 6             an appropriate disposal, holding, or  storage  area.
 7             The  diversions are required on all structures under
 8             this subparagraph (B)  unless  there  is  negligible
 9             outside  surface  water  that  can  flow through the
10             facility or the runoff is tributary to an acceptable
11             disposal  area  of  a   livestock   waste   handling
12             facility.   The   construction   plan   with  design
13             specifications of the  structures  shall  constitute
14             the  design  and  physical  environmental protection
15             actions portion of a proposed facility's  plans  for
16             the  information meeting requirement in this Section
17             12.
18                  (C)  Livestock waste  lagoons,  if  applicable.
19             Construction standards and management procedures and
20             practices  governing  the  proper  operation  of  an
21             earthen  livestock  waste  lagoon  shall comply with
22             Section  15  of  this  Act  and  Subpart  B  of  the
23             Livestock  Waste  Regulations  (35  IAC  506).   The
24             certification of construction according to standards
25             and  the operational procedures set forth in Subpart
26             B  of  the   Livestock   Waste   Regulations   shall
27             constitute   the  physical  protective  actions  and
28             operational  requirement  portions  of  a   proposed
29             facility's   plans  for  the  informational  meeting
30             requirement in this Section 12.
31                  (D)  Temporary  livestock  waste   stacks,   if
32             applicable.   Temporary livestock waste stacks shall
33             be constructed in a  manner  to  prevent  waste  and
34             leachate from entering surface or groundwater and no
 
                            -9-               LRB9100749LDsbA
 1             closer than 100 feet from a water well.
 2             (2)  The   owner  or  operator  of  a  proposed  new
 3        livestock waste handling facility subject to this Section
 4        shall  identify   practices   relating   to   the   field
 5        application  of  livestock waste by the owner or operator
 6        of the livestock waste handling facility on land owned or
 7        under the control of the owner or operator. The owner  or
 8        operator  shall identify the proposed method of disposal,
 9        an estimate of  the  amount  of  livestock  waste  to  be
10        generated,  and  an  estimate  of the amount of land area
11        that will be needed for the  proper  application  of  the
12        livestock  waste  at  a  rate not to exceed the agronomic
13        rate set forth in Section 20 of this  Act  or  a  general
14        description  of  an  alternate  method  of  disposal. The
15        estimated  information  on  waste  management  that   was
16        prepared  for  the informational meeting shall constitute
17        the waste management portion of the  proposed  facility's
18        plans  for  the informational meeting requirement in this
19        Section.
20        (h)  This subsection (h) is to be used by  the  owner  or
21    operator  for  guidance in addressing the information meeting
22    relative to subsection  (f)(6)  of  this  Section.    At  the
23    informational  meeting,  the  owner or operator of a proposed
24    new livestock waste handling facility subject to this Section
25    shall  identify  practices  or  innovative   technology   for
26    minimizing  odors  generated  during  the  storage  and field
27    application of livestock waste at the facility on land  owned
28    or  controlled  by the owner or operator.   The proposed plan
29    for minimizing odor to  be  presented  at  the  informational
30    meeting  may  consider  the items in this subsection (h) that
31    are applicable to their sites and operations.
32             (1)  Methods to minimize odor from  the  storage  of
33        livestock  waste  at  a livestock waste handling facility
34        shall include the following:
 
                            -10-              LRB9100749LDsbA
 1                  (i)  Separation distance.  A  primary  practice
 2             for  odor control is the separation of the livestock
 3             waste handling facility from neighboring  residences
 4             and  populated  areas.  The construction of a new or
 5             expanded livestock waste handling facility shall  be
 6             located so as to comply with the appropriate setback
 7             distance as set forth in Section 35 of this Act.
 8                  (ii)  Site     conditions.     Site    specific
 9             considerations  relating   to   local   geographical
10             conditions,  topography, and meteorologic conditions
11             may be considered by the owner or operator  in  odor
12             control,  for  example,  hills  or  wooded  areas to
13             separate the livestock waste handling facility  from
14             neighbors  and  populated  areas  and  to aid in the
15             diffusion of air leaving the facility.
16                  (iii)  Windbreaks. Use of windbreaks or  visual
17             screens  such  as a row of trees or buildings to aid
18             in maintaining a healthy livestock  environment  and
19             aid with the diffusion of air.
20                  (iv)  Other  methods.  Other  methods  that the
21             owner or operator may elect to implement to minimize
22             odor from the storage of livestock waste  and  which
23             may  be  appropriate  for  the  type of facility and
24             specific site conditions, such as:
25                       (I)  Management   practices    that    are
26                  identified   in  "Techniques  to  minimize  the
27                  formation of manure odors" and "Managing animal
28                  enterprises for odor  control"  (Subsections  5
29                  and  6  of  "Control  of  Manure  Odors",  ASAE
30                  EP379.2 (November 1997), and later updates).
31                       (II)  Use   of   enzyme   supplementation,
32                  biological  introduction,  or other nutritional
33                  manipulation  to  affect  odor  from  livestock
34                  waste.
 
                            -11-              LRB9100749LDsbA
 1                       (III)  Innovative technology and practices
 2                  that minimize odor from stored livestock waste.
 3                       (IV)  Alternative  methods   of   handling
 4                  livestock waste.
 5                  (v)  Methods based on peer review. Odor control
 6             management   guidelines  based  on  scientific  peer
 7             review.
 8             (2)  Methods to minimize odor from field application
 9        of livestock waste  by  the  owner  or  operator  of  the
10        livestock  waste handling facility on land owned or under
11        the control of the owner or operator as follows:
12                  (i)  To  aid   in   drying,   avoid   excessive
13             application.  Livestock  waste shall be applied at a
14             rate not to exceed the agronomic rate  specified  in
15             Section 20(f) of this Act.
16                  (ii)  Livestock  waste  applied within 1/4 mile
17             of any residence not part of the facility  shall  be
18             injected  or  incorporated on the day of application
19             when required in Section 20(f) of this Act.
20                  (iii)  Other  management  practices  that   the
21             owner  or  operator  of the livestock waste handling
22             facility   elects   to   implement   during    field
23             application, such as:
24                       (I)  Avoiding spreading livestock waste on
25                  weekends and holidays when people are likely to
26                  be engaged in outdoor activities.
27                       (II)  Spreading   manure  in  the  morning
28                  while the air is warming up and rising.
29                       (III)  Avoiding spreading when wind  would
30                  blow odors toward populated areas.
31                       (IV)  Spreading  livestock waste in cooler
32                  weather.
33                       (V)  Incorporating  livestock  waste  into
34                  the  soil  during  or  after   application   by
 
                            -12-              LRB9100749LDsbA
 1                  injection  or  other  methods of incorporation,
 2                  such as disking or plowing.
 3                       (VI)  Using equipment that minimizes  odor
 4                  dispersal,  such  as  low  trajectory spreading
 5                  equipment.
 6                       (VII)  Other   management   practices   as
 7                  identified  in  "Techniques  to  minimize   the
 8                  formation of manure odors" and "Managing animal
 9                  enterprises  for  odor  control" (Subsections 5
10                  and  6  of  "Control  of  Manure  Odors",  ASAE
11                  EP379.2 (November 1997), and later updates).
12             (3)  Methods to  minimize  odor  from  disposing  of
13        livestock  waste  other  than  by  field  application, if
14        applicable.
15             (4)  Methods to minimize odor from  livestock  waste
16        lagoons shall be as set forth in paragraph (b) of Section
17        25 of this Act.

18        (510 ILCS 77/12.1 new)
19        Sec.12.1. Final determination.
20        (a)  For  a  period of 30 calendar days immediately after
21    the informational meeting,  the  owner  or  operator  or  the
22    county  board  may  submit  to  the Department final comments
23    relative to the proposed facility.
24        (b)  Within 15 calendar days of the close of the  comment
25    period in paragraph (a) of this Section, the Department shall
26    determine if, more likely than not, the provisions of the Act
27    have  been  met  and  shall  send  notice  to  the  applicant
28    indicating   that   construction   may   proceed.    When  no
29    informational meeting is held, the Department  shall,  within
30    15  calendar  days  following  the  end of the period for the
31    county board to request an informational meeting, notify  the
32    owner  or  operator  that  construction  may  begin  or  that
33    clarification is needed.
 
                            -13-              LRB9100749LDsbA
 1        (c)  If  the  Department finds that the proposed facility
 2    is not in compliance with the Act, within  10  business  days
 3    the  Department  shall  notify  the  owner or operator of the
 4    specific deficiencies of non-compliance of the Act. The owner
 5    or operator may reply or may request a meeting to discuss the
 6    discrepancies.  The  owner  or  operator  may  negotiate   an
 7    agreement  to  reach  compliance  with  the  Act  or,  if  no
 8    agreement  can  be  reached,  the  Department shall within 10
 9    business days issue an order disapproving the construction of
10    the proposed facility with specific details of non-compliance
11    with the Act.
12        (d)  If the owner or operator  of  a  proposed  livestock
13    management  facility  or  livestock  waste  handling facility
14    amends the facility  plans  during  the  Department's  review
15    process by the proposed addition of a livestock waste lagoon,
16    the  Department  shall  notify  the  county  board, which may
17    exercise  its  option  of  a  public  informational   meeting
18    pursuant to Section 12 of this Act.
19        (e)  If the owner or operator of a proposed new livestock
20    management  facility or new livestock waste handling facility
21    amends the facility  plans  during  the  Department's  review
22    process  by  increasing  the  animal  unit  capacity  of  the
23    facility  such  that  the  required setback distances will be
24    increased, the owner  or  operator  shall  submit  a  revised
25    notice  of  intent  to  construct  and comply with applicable
26    provisions of this Section.

27        (510 ILCS 77/13 new)
28        Sec. 13.   Construction  standards  for  livestock  waste
29    handling   facilities  other  than  earthen  livestock  waste
30    lagoons; certification; inspection; closure requirements.
31        (a)  After the effective date of this amendatory  Act  of
32    1999,  livestock waste handling facilities other than earthen
33    livestock waste lagoons used for  the  storage  of  livestock
 
                            -14-              LRB9100749LDsbA
 1    waste shall be constructed in accordance with this Section.
 2             (1)  Livestock waste handling facilities constructed
 3        of  concrete shall meet the strength and load factors set
 4        forth in  the  Midwest  Plan  Service's  Concrete  Manure
 5        Storages  Handbook  (MWPS-36)  and  future  updates.   In
 6        addition,  those  structures  shall  meet  the  following
 7        requirements:
 8                  (A)  Waterstops  shall be incorporated into the
 9             design of the storage structure when consistent with
10             the  requirements   of   paragraph   (1)   of   this
11             subsection;
12                  (B)  Storage  structures that handle waste in a
13             liquid form shall be designed to contain a volume of
14             not less than the amount of waste  generated  during
15             150  days  of facility operation at design capacity;
16             and
17                  (C)  Storage   structures   not   covered    or
18             otherwise  protected  from  precipitation  shall, in
19             addition to the waste storage volume requirements of
20             subparagraph  (B)   of   paragraph   (1)   of   this
21             subsection, include a 2-foot freeboard.
22             (2)  A   livestock  waste  handling  facility  in  a
23        prefabricated form shall meet  the  strength,  load,  and
24        compatibility   factors  for  its  intended  use.   Those
25        factors  shall  be   verified   by   the   manufacturer's
26        specifications.
27             (3)  Livestock  waste  handling  facilities  holding
28        semi-solid  livestock waste, including but not limited to
29        picket dam structures, shall be constructed according  to
30        the  requirements set forth in the Midwest Plan Service's
31        Livestock Waste Facilities Handbook (MWPS-18) and  future
32        updates   or   similar  standards  used  by  the  Natural
33        Resources  Conservation  Service  of  the  United  States
34        Department of Agriculture.
 
                            -15-              LRB9100749LDsbA
 1             (4)  Livestock  waste  handling  facilities  holding
 2        solid livestock waste shall be constructed  according  to
 3        the  requirements set forth in the Midwest Plan Service's
 4        Livestock Waste Facilities Handbook (MWPS-18) and  future
 5        updates   or   similar  standards  used  by  the  Natural
 6        Resources  Conservation  Service  of  the  United  States
 7        Department of Agriculture.  In addition, solid  livestock
 8        waste  stacking  structures  shall  be sized to store not
 9        less than the amount of waste generated during  6  months
10        of facility operation at design capacity.
11             (5)  Holding ponds used for the temporary storage of
12        livestock  feedlot run-off shall be constructed according
13        to  the  requirements  set  forth  in  the  Midwest  Plan
14        Service's Livestock Waste Facilities  Handbook  (MWPS-18)
15        and  future  updates  or  similar  standards  used by the
16        Natural Resources  Conservation  Service  of  the  United
17        States Department of Agriculture.
18        (b)  New  livestock  management  facilities and livestock
19    waste handling facilities  constructed  after  the  effective
20    date  of  this amendatory Act of 1999 shall be subject to the
21    additional construction requirements and siting  prohibitions
22    provided in this subsection (b).
23             (1)  No new non-lagoon livestock management facility
24        or  livestock  waste handling facility may be constructed
25        within the floodway of  a  100-year  floodplain.   A  new
26        livestock management facility or livestock waste handling
27        facility  may  be  constructed  within  the  portion of a
28        100-year floodplain that is within the flood  fringe  and
29        outside  the  floodway  provided  that  the  facility  is
30        designed  and  constructed to be protected from flooding.
31        The delineation  of  floodplains,  floodways,  and  flood
32        fringes  shall  be  in compliance with the National Flood
33        Insurance Program.  Protection  from  flooding  shall  be
34        consistent  with the National Flood Insurance Program and
 
                            -16-              LRB9100749LDsbA
 1        shall be designed so that stored livestock waste  is  not
 2        readily removed.
 3             (2)  A   new  non-lagoon  livestock  waste  handling
 4        facility constructed in a karst area shall be designed to
 5        prevent seepage of the stored material  into  groundwater
 6        in  accordance  with ASAE 393.2 or future updates. Owners
 7        or operators of proposed facilities should  consult  with
 8        the  local  soil  and  water  conservation  district, the
 9        University of Illinois Cooperative Extension Service,  or
10        other  local,  county,  or  State  resources  relative to
11        determining the possible  presence  or  absence  of  such
12        areas.  Notwithstanding  the  other  provisions  of  this
13        subdivision  (b)(2),  after  the  effective  date of this
14        amendatory Act of 1999,  no  non-lagoon  livestock  waste
15        handling  facility  may be constructed within any natural
16        depression  in  a  karst  area  formed  as  a  result  of
17        subsurface removal of soil or  rock  materials  that  has
18        caused  the formation of a collapse feature that exhibits
19        internal drainage.  For the purposes of this  subdivision
20        (b)(2),  the  existence of such a natural depression in a
21        karst area shall be indicated  by  the  uppermost  closed
22        depression   contour   lines  on  a  USGS  7  1/2  minute
23        quadrangle topographic map or as determined by Department
24        field investigation in a karst area.
25             (3)  A  new  non-lagoon  livestock  waste   handling
26        facility constructed in an area where aquifer material is
27        present within 5 feet of the bottom of the facility shall
28        be  designed  to  ensure  the structural integrity of the
29        containment structure  and  to  prevent  seepage  of  the
30        stored  material  to groundwater. Footings and underlying
31        structure support shall be incorporated into  the  design
32        standards of the storage structure in accordance with the
33        requirements  of  Section  4.1 of the American Society of
34        Agricultural Engineers (ASAE) EP 393.2 or future updates.
 
                            -17-              LRB9100749LDsbA
 1        (c)  A livestock waste handling facility owner  may  rely
 2    on  guidance  from  the  local  soil  and  water conservation
 3    district, the Natural Resources Conservation Service  of  the
 4    United States Department of Agriculture, or the University of
 5    Illinois   Extension   (formerly  known  as  the  Cooperative
 6    Extension Service) for soil type and associated information.
 7        (d)  No  requirements  other  than  those   provided   in
 8    subsections  (a)  and (b) may be imposed by the Department on
 9    the construction  or  operation  of  a  livestock  management
10    facility  or  waste  handling  facility other than an earthen
11    livestock waste lagoon, except as provided in this Act.
12        (e)  The owner or  operator  of  a  livestock  management
13    facility  or  livestock waste handling facility may, with the
14    approval of the Department, elect to exceed the strength  and
15    load requirements as set forth in this Section.
16        (f)  The  owner  or  operator  of  a livestock management
17    facility or livestock waste handling facility shall send,  by
18    certified   mail   or   in   person,   to  the  Department  a
19    certification  of  compliance   together   with   copies   of
20    verification  documents  upon completion of construction.  In
21    the case of structures constructed with the design  standards
22    used  by  the  Natural  Resources Conservation Service of the
23    United States Department of Agriculture, copies of the design
24    standards  and  a  statement  of  verification  signed  by  a
25    representative of the United States Department of Agriculture
26    shall accompany the owner's or  operator's  certification  of
27    compliance.  The certification shall state that the structure
28    meets  or  exceeds the requirements in subsection (a) of this
29    Section.  A $250 filing fee shall accompany the statement.
30        (g)  The Department shall inspect the  construction  site
31    prior  to  construction,  during  construction, and within 10
32    business days  following  receipt  of  the  certification  of
33    compliance  to  determine  compliance  with  the construction
34    standards.
 
                            -18-              LRB9100749LDsbA
 1        (h)  The  Department  shall  require  modification   when
 2    necessary  to bring the construction into compliance with the
 3    standards set forth in this Section.  The person  making  the
 4    inspection   shall  discuss  with  the  owner,  operator,  or
 5    certified livestock manager an evaluation  of  the  livestock
 6    waste  handling  facility  construction and shall (i) provide
 7    on-site written recommendations to the  owner,  operator,  or
 8    certified   livestock   manager  of  what  modifications  are
 9    necessary or (ii) inform the owner,  operator,  or  certified
10    livestock  manager  that the facility meets the standards set
11    forth in this Section.  On the day  of  the  inspection,  the
12    person  making the inspection shall give the owner, operator,
13    or certified livestock manager a written report  of  findings
14    based  on  the  inspection  together  with  an explanation of
15    remedial measures necessary to  enable  the  livestock  waste
16    handling  facility  to  meet  the standards set forth in this
17    Section. The Department shall, within 5 business days of  the
18    date  of  inspection,  send an official written notice to the
19    owner or operator of the livestock waste handling facility by
20    certified mail, return receipt requested indicating that  the
21    facility  meets  the  standards  set forth in this Section or
22    identifying the remedial measures  necessary  to  enable  the
23    livestock  waste  handling facility to meet the standards set
24    forth in this Section.  The owner or operator  shall,  within
25    10  business days of receipt of an official written notice of
26    deficiencies,  contact  the   Department   to   develop   the
27    principles  of  an  agreement  of  compliance.   The owner or
28    operator and the Department shall enter into an agreement  of
29    compliance  setting  forth the specific changes to be made to
30    bring the  construction  in  compliance  with  the  standards
31    required  under  this Section.  If an agreement of compliance
32    cannot be achieved, the Department shall issue  a  compliance
33    order to the owner or operator outlining the specific changes
34    to  be  made to bring the construction in compliance with the
 
                            -19-              LRB9100749LDsbA
 1    standards required under this Section. The owner or  operator
 2    can   request   an  administrative  hearing  to  contest  the
 3    provisions of the Department's compliance order.
 4        (j)  If any owner or operator operates in violation of an
 5    agreement  of  compliance,  the  Department  shall  seek   an
 6    injunction  in circuit court to prohibit the operation of the
 7    facility  until  construction  and   certification   of   the
 8    livestock  waste handling facility are in compliance with the
 9    provisions of this Section.
10        (k)  When any livestock management facility not using  an
11    earthen  livestock  waste lagoon is removed from service, the
12    accumulated livestock waste  remaining  within  the  facility
13    shall be removed and applied to land at rates consistent with
14    a  waste  management  plan  for the facility.  Removal of the
15    waste shall occur within 12 months after the  date  livestock
16    production at the facility ceases.  In addition, the owner or
17    operator shall make provisions to prevent the accumulation of
18    precipitation  within  the livestock waste handling facility.
19    Upon completion of  the  removal  of  manure,  the  owner  or
20    operator of the facility shall notify the Department that the
21    facility  is  being  removed  from  service and the remaining
22    manure has been removed.  The  Department  shall  conduct  an
23    inspection  of  the  livestock  waste  handling  facility and
24    inform the owner or operator  in  writing  that  the  closure
25    requirements  have  been  met  or that additional actions are
26    necessary to complete closure.  Commencement of operations at
27    a facility that has livestock shelters left intact  and  that
28    has  completed  the  aforementioned  closure requirements and
29    that has been operated as a livestock management facility  or
30    livestock waste handling facility for 4 consecutive months at
31    any time within the previous 10 years shall not be considered
32    a  new  or  expanded  livestock  management or waste handling
33    facility.
 
                            -20-              LRB9100749LDsbA
 1        (510 ILCS 77/15)
 2        Sec. 15. Livestock waste lagoon.
 3        (a)  Standards for livestock waste  lagoon  construction.
 4    Any  earthen  livestock  waste lagoon subject to registration
 5    shall be constructed or modified in accordance  with  "Design
 6    of Anaerobic Lagoons for Animal Waste Management" promulgated
 7    by  the  American  Society  of  Agricultural Engineers or the
 8    national  guidelines  as  published  by  the  United   States
 9    Department   of  Agriculture  Natural  Resource  Conservation
10    Service in Illinois and titled Waste Treatment  Lagoon.   The
11    owner  or  operator of the earthen livestock lagoon may, with
12    approval  from  the  Department,  modify  or   exceed   these
13    standards   in   order  to  meet  site  specific  objectives.
14    Notwithstanding any other  requirement  of  this  subsection,
15    every  earthen    livestock  waste  lagoon  shall include the
16    construction  of  a  secondary  berm,  filter  strip,   grass
17    waterway,  or  terrace,  or any combination of those, outside
18    the perimeter of the primary berm  if  an  engineer  licensed
19    under  the  Professional Engineering Practice Act of 1989 and
20    retained by the registrant determines, with  the  concurrence
21    of the Department, that construction of such a secondary berm
22    or  other feature or features is necessary in order to ensure
23    against a release of livestock waste from the lagoon (i) that
24    encroaches or is reasonably expected to  encroach  upon  land
25    other  than the land occupied by the livestock waste handling
26    facility  of  which the  lagoon is a part or (ii) that enters
27    or is  reasonably expected to enter the waters of this State.
28    The  Department  shall  determine   compliance   with   these
29    requirements.   The  Department may require changes in design
30    or additional requirements to protect  groundwater,  such  as
31    extra  liner  depth  or  synthetic  liners,  when  it appears
32    groundwater could be impacted.
33        (a-5)  New earthen livestock  waste  lagoons  constructed
34    after the effective date of this amendatory Act of 1999 shall
 
                            -21-              LRB9100749LDsbA
 1    be subject to additional construction requirements and siting
 2    prohibitions as provided in this subsection (a-5).
 3             (1)  No  new  earthen  livestock waste lagoon may be
 4        constructed within the floodway of a 100-year floodplain.
 5        A new earthen livestock waste lagoon may  be  constructed
 6        within  the  portion  of  a  100-year  floodplain that is
 7        within the flood fringe and outside the floodway provided
 8        that the facility is designed  and  constructed  so  that
 9        livestock  waste  is not readily removed during flooding.
10        The delineation  of  floodplains,  floodways,  and  flood
11        fringes  shall  be  in compliance with the National Flood
12        Insurance Program.
13             (2)  A   new   earthen   livestock   waste    lagoon
14        constructed  in a karst area shall be designed to prevent
15        seepage of the stored material to groundwater. Owners  or
16        operators  of  proposed facilities shall consult with the
17        local  soil  and   water   conservation   district,   the
18        University  of Illinois Cooperative Extension Service, or
19        other local,  county,  or  state  resources  relative  to
20        determining  the  possible  presence  or  absence of such
21        areas.  Notwithstanding  the  other  provisions  of  this
22        subdivision  (a-5)(2),  after  the effective date of this
23        amendatory Act of 1999, no earthen livestock waste lagoon
24        may be constructed within any  natural  depression  in  a
25        karst  area  formed  as a result of subsurface removal of
26        soil or rock materials that has caused the formation of a
27        collapse feature that exhibits  internal  drainage.   For
28        the  purposes of this subdivision (a-5)(2), the existence
29        of such natural depression  in  a  karst  area  shall  be
30        indicated  by  the  uppermost  closed  depression contour
31        lines on a USGS 7 1/2 minute quadrangle  topographic  map
32        or  as  determined by Department field investigation in a
33        karst area.
34        (b)  Registration   and   certification.   Any    earthen
 
                            -22-              LRB9100749LDsbA
 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.
 
                            -23-              LRB9100749LDsbA
 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.
 
                            -24-              LRB9100749LDsbA
 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        Within  10  business days of receipt of the certification
16    of compliance, the Department shall inspect the lagoon  site.
17    The  Department  shall, within 5 business days of the date of
18    inspection, send an  official  written  notice  by  certified
19    mail,  return  receipt requested, to the owner or operator of
20    the facility indicating that all  the  requirements  of  this
21    Section have been met or that deficiencies exist that must be
22    corrected prior to the completion of the  lagoon registration
23    process  and  the  placement  of the lagoon into service. The
24    owner or operator of the lagoon  may  proceed  to  place  the
25    lagoon  in  service  after receipt of the Department's notice
26    that all the requirements of this Section have  been  met  no
27    earlier   than  10  working  days  after  submitting  to  the
28    Department a certification of compliance statement.
29        (b-5) Public informational meeting.  Within 7 days  after
30    receiving  a  registration form giving notice of an intent to
31    construct or modify an  earthen livestock waste lagoon  after
32    the    effective  date  of  this  amendatory Act of 1997, the
33    Department shall send a  copy of the registration form to the
34    county board of the county in which the  lagoon is or  is  to
 
                            -25-              LRB9100749LDsbA
 1    be  located.  After receiving a copy of a lagoon registration
 2    form from the Department under  this  subsection,  within  30
 3    days  the county board may at its discretion request that the
 4    Department conduct a public informational meeting  within  15
 5    days  of the request concerning the proposed  construction or
 6    modification of the lagoon.  If the Department conducts  such
 7    a  meeting,  then  at  least  10  calendar  days  before  the
 8    meeting,  the Department shall cause notice of the meeting to
 9    be published in a newspaper of  general  circulation  in  the
10    county  or  the  State  newspaper.  The owner or operator who
11    submitted the  registration  form  to  the  Department  shall
12    appear  at the meeting.  At the meeting, the Department shall
13    afford members of the public an opportunity to ask  questions
14    and present oral or written testimony concerning the proposed
15    construction or modification of the lagoon.
16        (c)  Complaint  procedure.  Any person having a complaint
17    concerning an earthen  livestock  waste  lagoon  may  file  a
18    complaint   with  the  Agency.   If  the  Agency  finds  that
19    groundwater  has  been   negatively   impacted   because   of
20    structural problems with the earthen lagoon, the Agency shall
21    notify  the  Department  that  modification  of the lagoon is
22    necessary. The livestock owner or operator or the  Department
23    may  request  guidance  from  the United States Department of
24    Agriculture Natural  Resource  Conservation  Service  or  the
25    University of Illinois Cooperative Extension Service.
26        The person making any inspection shall comply with animal
27    health  protection  procedures  as  requested by the owner or
28    operator.
29        Any earthen livestock waste lagoon in  service  prior  to
30    the  effective  date  of the rules for implementation of this
31    Act is not subject to registration but is only subject to the
32    complaint  procedure.   However,  any  such  livestock  waste
33    lagoon found impacting groundwater shall be  required  to  be
34    repaired,   modified,   or   have  procedures  instituted  so
 
                            -26-              LRB9100749LDsbA
 1    groundwater is not negatively impacted.
 2        If  an  investigation  reveals   groundwater   has   been
 3    negatively   impacted,   the   Department  and  Agency  shall
 4    cooperate  with  the  owner  or  operator  of  the   affected
 5    livestock  waste  lagoon  to provide a reasonable solution to
 6    protect the groundwater.
 7        Nothing  in  this  Section  shall  limit   the   Agency's
 8    authority   under   the   Environmental   Protection  Act  to
 9    investigate and respond to violations  of  the  Environmental
10    Protection Act or rules adopted under that Act.
11        (d)  Livestock   waste   lagoon  registration  fee.   The
12    livestock waste lagoon registration fee is $250 $50.
13        (d-5)  (Blank). Reporting release of waste.  An owner  or
14    operator  of a lagoon  shall report to the Agency any release
15    of livestock waste from a lagoon within 24  hours  after  the
16    discovery  of  the  release.   The  procedure  for  reporting
17    releases shall be adopted by the Agency by rule.
18        For  a  first  violation  of this subsection (d-5) by the
19    owner or operator  of  a  livestock  management  facility  or
20    livestock  waste handling facility, the Department shall send
21    the owner or operator a written notice of  the  violation  by
22    certified mail, return receipt requested.
23        If  after  an administrative hearing the Department finds
24    that the owner or operator of a livestock management facility
25    or livestock waste handling facility has committed  a  second
26    violation  of  this  subsection  (d-5),  the Department shall
27    impose on  the  owner  or  operator  a  civil  administrative
28    penalty  in  an  amount  not  exceeding $1,000.  The Attorney
29    General may bring an action in the circuit court  to  enforce
30    the  collection  of  a  penalty imposed under this subsection
31    (d-5).
32        If after an administrative hearing the  Department  finds
33    that the owner or operator of a livestock management facility
34    or  livestock  waste  handling facility has committed a third
 
                            -27-              LRB9100749LDsbA
 1    violation of this  subsection  (d-5),  the  Department  shall
 2    enter  an  administrative  order  directing that the owner or
 3    operator cease operation of the facility until the  violation
 4    is corrected.
 5        If  a  livestock  management  facility or livestock waste
 6    handling facility has  not  committed  a  violation  of  this
 7    subsection  (d-5)  within the 5 years immediately preceding a
 8    violation, the violation shall be construed and treated as  a
 9    first violation.
10        (e)  Closure of livestock waste lagoons. When any earthen
11    livestock  waste  lagoon is removed from service, it shall be
12    completely emptied.  Appropriate closure procedures shall  be
13    followed  as  determined by rule.  The remaining hole must be
14    filled.  The closure requirements shall be  completed  within
15    two  years from the date of cessation of operation unless the
16    lagoon is maintained or serviced.  The Department may grant a
17    waiver to the before-stated closure  requirements  that  will
18    permit the lagoon to be used for an alternative purpose.
19        Upon  a  change  in  ownership  of  a  registered earthen
20    livestock waste lagoon, the owner shall notify the Department
21    of the change within 30 working days of the  closing  of  the
22    transaction.
23        (f)  Administrative   authority.   All   actions  of  the
24    Department  of  Agriculture  are  subject  to  the   Illinois
25    Administrative Procedure Act.
26        Any   earthen   livestock   waste   lagoon   subject   to
27    registration  shall  not  begin  operation until the owner or
28    operator of the lagoon has met the requirements of this Act.
29        The owner or operator  of  any  earthen  livestock  waste
30    lagoon  subject  to registration that has not been registered
31    or constructed in accordance  with  standards  set  forth  in
32    subsection  (a) of Section 15 shall, upon being identified as
33    such by the  Department,  be  given  written  notice  by  the
34    Department  to  register  and  certify  the  lagoon within 10
 
                            -28-              LRB9100749LDsbA
 1    working days of receipt of the notice.   The  Department  may
 2    inspect such lagoon and require compliance in accordance with
 3    subsections  (a)  and  (b)  of  this Section. If the owner or
 4    operator of the livestock waste lagoon  that  is  subject  to
 5    registration  fails to comply with the notice, the Department
 6    may issue a  cease  and  desist  order  until  such  time  as
 7    compliance  is  obtained  with  the requirements of this Act.
 8    Failure to  construct  the  lagoon  in  accordance  with  the
 9    construction   plan   and  Department  recommendations  is  a
10    business offense punishable  by  a  fine  of  not  more  than
11    $5,000.
12    (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)

13        (510 ILCS 77/18 new)
14        Sec. 18.  Reporting release of waste.
15        (a)  An  owner  or operator of a livestock waste handling
16    facility shall report to the Agency any release of  livestock
17    waste  from  a  livestock waste handling facility or from the
18    transport of  livestock  waste  within  24  hours  after  the
19    discovery of the release.  Reporting shall not be required in
20    the  case  of  a  release of less than 25 gallons that is not
21    released to the waters of the State or from a controlled  and
22    recovered  release  during  field application.  Waters of the
23    State do not include small temporary accumulations of surface
24    water from precipation or irrigation systems.  The  procedure
25    for  reporting  releases  shall  be  adopted by the Agency by
26    rule.
27        (b)  For a first violation of failing to report a release
28    by the owner  or  operator  of  a  livestock  waste  handling
29    facility,  the  Department shall send the owner or operator a
30    written notice of the violation  by  certified  mail,  return
31    receipt  requested.  The Department shall also send a copy of
32    the notice to the Agency.  The owner or operator may petition
33    the Department to contest the written notice of violation.
 
                            -29-              LRB9100749LDsbA
 1        (c)  For a second or subsequent violation of  failing  to
 2    report  a  release  by  the  owner or operator of a livestock
 3    waste  handling  facility  within  a   5-year   period,   the
 4    Department shall hold an administrative hearing. If, after an
 5    administrative  hearing,  the Department finds that the owner
 6    or operator  of  a  livestock  waste  handling  facility  has
 7    committed  a  second  or  subsequent  violation of failing to
 8    report a release within a 5-year period, the Department shall
 9    impose on the owner or operator an administrative penalty  in
10    an  amount  not  exceeding  $1,000.  The Attorney General may
11    bring action in the circuit court to enforce  the  collection
12    of a penalty imposed for failing to report a release.
13        (d)  If  the  owner  or  operator  of  a  livestock waste
14    handling facility has not committed a violation of failing to
15    report a release within the 5 years immediately  preceding  a
16    violation,  a  violation shall be considered and treated as a
17    first violation.

18        (510 ILCS 77/20)
19        Sec. 20.  Handling, storing and  disposing  of  livestock
20    waste.
21        (a)  The  livestock management facility owner or operator
22    shall comply with the requirements for handling, storing, and
23    disposing of livestock wastes  as  set  forth  in  the  rules
24    adopted pursuant to the Illinois Environmental Protection Act
25    concerning agriculture related pollution.
26        (b)  The  livestock management facility owner or operator
27    at a facility of less than 1,000 animal units  shall  not  be
28    required to prepare and maintain a waste management plan.
29        (c)  The  livestock management facility owner or operator
30    at a facility of 1,000 or greater animal units but less than
31    5,000 7,000 animal units shall prepare and maintain  on  file
32    at   the   livestock  management  facility  a  general  waste
33    management  plan.   Notwithstanding   this   requirement,   a
 
                            -30-              LRB9100749LDsbA
 1    livestock  management facility subject to this subsection may
 2    be operated on an interim basis but not to  exceed  6  months
 3    after the effective date of the rules promulgated pursuant to
 4    this  Act  to allow for the owner or operator of the facility
 5    to develop a waste management  plan.   The  waste  management
 6    plan shall be available for inspection during normal business
 7    hours by Department personnel.
 8        (d)  The  livestock management facility owner or operator
 9    at a facility of 5,000 7,000 or greater  animal  units  shall
10    prepare,  maintain,  and  submit  to the Department the waste
11    management  plan  for  approval.  Approval   of   the   waste
12    management  plan  shall  be  predicated  on  compliance  with
13    provisions of subsection (f). The waste management plan shall
14    be  approved  by  the  Department  before  operation  of  the
15    facility  or  in  the case of an existing facility, the waste
16    management plan shall be submitted  within  60  working  days
17    after the effective date of the rules promulgated pursuant to
18    this Act.
19        The owner or operator of an existing livestock management
20    facility  that  through  growth  meets or exceeds 5,000 7,000
21    animal units shall file its waste management  plan  with  the
22    Department  within  60 working days after reaching the stated
23    animal units.
24        The owner or operator of a livestock management  facility
25    that  is  subject to this subsection (d) shall file within 60
26    working days with the Department a revised  waste  management
27    plan  when there is a significant change stated in subsection
28    (e) of this Section in items (1), (2), or (10) of  subsection
29    (f)  that  will  materially  affect compliance with the waste
30    management plan.
31        (d-5)  The  owner  or  operator  of  multiple   livestock
32    management  facilities  under common facility ownership where
33    the cumulative animal units of the facilities are equal to or
34    greater than the animal unit numbers  of  subsection  (c)  of
 
                            -31-              LRB9100749LDsbA
 1    this  Section shall prepare and keep on file at each facility
 2    a waste management plan in accordance with  the  requirements
 3    of   subsection  (c).  The  owner  or  operator  of  multiple
 4    livestock  management  facilities  that  are   under   common
 5    facility  ownership  where the cumulative animal units of the
 6    facilities are equal to  or  greater  than  the  animal  unit
 7    numbers  in  subsection (d) of this Section shall prepare and
 8    file  with  the  Department  a  waste  management   plan   in
 9    accordance with the provisions of subsection (d).  Cumulative
10    animal  units  shall  be  determined  by combining the animal
11    units  of  multiple  livestock  management  facilities  under
12    common facility ownership based upon the design  capacity  of
13    each  facility.  For  the  purposes of this subsection (d-5),
14    "under common facility ownership" means the  same  person  or
15    persons  own,  directly  or  indirectly,  at least 51% of any
16    person or persons that own or operate the building located in
17    the State of Illinois.
18        (e)  The owner or  operator  of  a  livestock  management
19    facility shall update the waste management plan when there is
20    change  in  the  values  shown  in  the  plan  in item (1) of
21    subsection (f) of this Section.  The  waste  management  plan
22    shall also be revised when there is a change in the method of
23    disposal of animal waste or when the available nitrogen value
24    exceeds  the  variability  range  for  nitrogen  set forth in
25    subsection (f) of this Section. The waste management plan and
26     records of livestock waste disposal shall be  kept  on  file
27    for 3 three years.
28        (f)  The application of livestock waste to the land is an
29    acceptable,   recommended,   and   established   practice  in
30    Illinois.  However, when livestock waste is not applied in  a
31    responsible  manner,  it  may create pollutional problems. It
32    should be recognized  that  research  relative  to  livestock
33    waste  application  based on livestock waste nutrient content
34    is  currently  ongoing.   The  Dean   of   the   College   of
 
                            -32-              LRB9100749LDsbA
 1    Agricultural,  Consumer  and  Environmental  Sciences  at the
 2    University  of  Illinois,  or  his  or  her  designee,  shall
 3    annually report to the Department on the status of phosphorus
 4    research.   The  Department  may  also  consult  with   other
 5    appropriate  research  entities  on  the status of phosphorus
 6    research.   It  is  considered  acceptable  to  prepare   and
 7    implement  a  waste management plan based on a nitrogen rate,
 8    unless otherwise restricted by subsection  (f)(3.6)  of  this
 9    Section.  It should be recognized that, in most cases, if the
10    agronomic nitrogen rate is met, the phosphorus  applied  will
11    exceed  the  crop requirements, but not all of the phosphorus
12    may be available for use by the crop. it will  be  considered
13    acceptable,  therefore,  to  prepare  and  implement  a waste
14    management  plan  based  on  the  nitrogen  rate.  The  waste
15    management plan shall include the following:
16             (1)  An estimate of the volume of livestock waste to
17        be disposed  of  annually  obtained  by  multiplying  the
18        design capacity of the facility by the appropriate amount
19        of  waste  generated  by the animals.  The values showing
20        the amount of waste generated in Table 2-1, Midwest  Plan
21        Services,  MWPS-18,  Livestock  Waste Facilities Handbook
22        may be used.
23             (2)  The number of acres available for  disposal  of
24        the waste.
25             (3)  An estimate of the nutrient value of the waste.
26        The  owner  or  operator  may  prepare a plan based on an
27        average of the minimum and maximum numbers in  the  table
28        values  derived  from  Midwest  Plan  Services,  MWPS-18,
29        Livestock   Waste   Facilities   Handbook,  the  Agency's
30        Agriculture Related Pollution regulations, or the results
31        of analysis performed  on  samples  of  waste.   For  the
32        purposes of compliance with this subsection, the nutrient
33        values  of  livestock  waste may vary as indicated in the
34        source  table.  In  the  case  of  laboratory  analytical
 
                            -33-              LRB9100749LDsbA
 1        results, the nutrient values may vary with  the  accuracy
 2        of the analytical method.
 3             (3.5)  Results  of  the  Bray P1 or Mehlich test for
 4        soil  phosphorus  reported   in   pounds   of   elemental
 5        phosphorus  per  acre. Soil samples shall be obtained and
 6        analyzed from the livestock waste application  fields  on
 7        land  owned or under the control of the owner or operator
 8        where applications are planned.  Fields  where  livestock
 9        waste   is  applied  shall  be  sampled  every  4  years.
10        Sampling procedures, such as the number  of  samples  and
11        the depth of sampling, as outlined in the current edition
12        of  the Illinois Agronomy Handbook shall be followed when
13        soil samples are obtained.
14             (3.6)  If the average Bray P1 or Mehlich test result
15        for soil phosphorus calculated from the samples  obtained
16        from  the  application  field  is  300  pounds or less of
17        elemental  phosphorus  per  acre,  livestock  waste   may
18        continue  to  be applied to that field in accordance with
19        subsection (f) of this Section.  If the average  Bray  P1
20        or  Mehlich  test  result  for  soil  phosphorus  for  an
21        application field is greater than 300 pounds of elemental
22        phosphorus  per  acre, the owner or operator may continue
23        to apply livestock waste at  the  nitrogen  rate  to  the
24        field for a period not to exceed 2 years beginning on the
25        date  of  the  soil  sampling that determined the average
26        test result for  soil  phosphorus  of  greater  than  300
27        pounds  of  elemental phosphorus per acre.  If after this
28        period soil test results indicate greater than 300 pounds
29        of elemental phosphorus per acre,  livestock waste may be
30        applied to the field at an agronomic rate for  phosphorus
31        for  the  crop  to be grown until the average test result
32        for soil phosphorus is 300 pounds of elemental phosphorus
33        per acre or less.  When a  phosphorus  index  program  is
34        developed,  the  owner  or operator may elect to use such
 
                            -34-              LRB9100749LDsbA
 1        index in lieu of the 300 pounds of  elemental  phosphorus
 2        per acre restriction.
 3             (4)  An  indication that the livestock waste will be
 4        applied at rates not to  exceed  the  agronomic  nitrogen
 5        demand  of  the  crops  to  be grown when averaged over a
 6        5-year period.
 7             (5)  A provision that livestock waste applied within
 8        1/4 mile of any residence not part of the facility  shall
 9        be  injected  or  incorporated on the day of application.
10        However, livestock management  facilities  and  livestock
11        waste handling facilities that have irrigation systems in
12        operation  prior  to  the  effective  date of this Act or
13        existing facilities applying waste on frozen  ground  are
14        not subject to the provisions of this item (5).
15             (6)  A  provision  that  livestock  waste may not be
16        applied within 200 feet of surface water unless the water
17        is upgrade or there is adequate diking,  and  waste  will
18        not  be  applied  within 150 feet of potable water supply
19        wells.
20             (7)  A provision that livestock  waste  may  not  be
21        applied  in a 10-year flood plain unless the injection or
22        incorporation method of application is used.
23             (8)  A provision that livestock  waste  may  not  be
24        applied in waterways.
25             (9)  A  provision  that if waste is spread on frozen
26        or snow-covered land, the application will be limited  to
27        land areas on which:
28                  (A)  land slopes are 5% or less, or
29                  (B)  adequate erosion control practices exist.
30             (10)  Methods for disposal of animal waste.
31        (g)  Any person who is required to prepare and maintain a
32    waste  management plan and who fails to do so shall be issued
33    a warning letter by the Department for  the  first  violation
34    and  shall  be  given  30  working  days  to  prepare a waste
 
                            -35-              LRB9100749LDsbA
 1    management plan.  For failure to prepare and maintain a waste
 2    management plan, the person shall be fined an  administrative
 3    penalty  of  up  to  $1,000  by  the  Department and shall be
 4    required to enter into an agreement of compliance to  prepare
 5    and  maintain a waste management plan within 30 working days.
 6    For failure to prepare and maintain a waste  management  plan
 7    after the second 30 day period or for failure to enter into a
 8    compliance agreement, the Department may issue an operational
 9    cease and desist order until compliance is attained.
10    (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)

11        (510 ILCS 77/54 new)
12        Sec.  54.  Rules.   The  Department  may  adopt  rules as
13    necessary for the implementation of this  Act  in  accordance
14    with  the  rulemaking  procedure  set  forth  in the Illinois
15    Administrative Procedure Act.

16        (510 ILCS 77/55 rep.)
17        Section 10.  The Livestock Management Facilities  Act  is
18    amended by repealing Section 55.

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.
 
                            -36-              LRB9100749LDsbA
 1                                INDEX
 2               Statutes amended in order of appearance
 3    510 ILCS 77/10.24 new
 4    510 ILCS 77/10.26 new
 5    510 ILCS 77/11 new
 6    510 ILCS 77/12 new
 7    510 ILCS 77/12.1 new
 8    510 ILCS 77/13 new
 9    510 ILCS 77/15
10    510 ILCS 77/18 new
11    510 ILCS 77/20
12    510 ILCS 77/54 new
13    510 ILCS 77/55 rep.

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