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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
91_SB1199enr SB1199 Enrolled LRB9102177LDmbA 1 AN ACT to amend the Livestock Management Facilities Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Livestock Management Facilities Act is 5 amended by changing Sections 15, 20, 35, and 55 and adding 6 Sections 10.24, 10.26, 11, 12, 12.1, 13, and 18 as follows: 7 (510 ILCS 77/10.24 new) 8 Sec. 10.24. Karst Area. "Karst area" means an area with 9 a land surface containing sinkholes, large springs, disrupted 10 land drainage, and underground drainage systems associated 11 with karstified carbonate bedrock and caves or a land surface 12 without these features but containing a karstified carbonate 13 bedrock unit generally overlain by less than 60 feet of 14 unconsolidated materials. 15 (510 ILCS 77/10.26 new) 16 Sec. 10.26. Karstified carbonate bedrock. "Karstified 17 carbonate bedrock" means a carbonate bedrock unit (limestone 18 or dolomite) that has a pronounced conduit or secondary 19 porosity due to dissolution of the rock along joints, 20 fractures, or bedding plains. 21 (510 ILCS 77/11 new) 22 Sec. 11. Filing notice of intent to construct and 23 construction data; registration of facilities. 24 (a) An owner or operator shall file a notice of intent 25 to construct for a livestock management facility or livestock 26 waste handling facility with the Department prior to 27 construction to establish a base date, which shall be valid 28 for one year, for determination of setbacks in compliance 29 with setback distances or, in the case of construction that SB1199 Enrolled -2- LRB9102177LDmbA 1 is not a new facility, with the maximum feasible location 2 requirements of Section 35 of this Act. 3 (b) For a livestock waste handling facility that is not 4 subject to Section 12 of this Act, a construction plan of the 5 waste handling structure with design specifications of the 6 structure noted as prepared by or for the owner or operator 7 shall be filed with the Department at least 10 calendar days 8 prior to the anticipated dates of construction. Upon receipt 9 of the notice of intent to construct form or the construction 10 plan, the Department shall review the documents to determine 11 if all information has been submitted or if clarification is 12 needed. The Department shall, within 15 calendar days of 13 receipt of a notice of intent to construct or the 14 construction plan, notify the owner or operator that 15 construction may begin or that clarification is needed. 16 (c) For a livestock waste handling facility that is 17 subject to Section 12 of this Act, a completed registration 18 shall be filed with the Department at least 37 calendar days 19 prior to the anticipated dates of construction. The 20 registration shall include the following: (i) the name and 21 address of the owner and operator of the livestock waste 22 handling facility; (ii) a general description of the 23 livestock waste handling structure and the type and number of 24 the animal units of livestock it serves; (iii) the 25 construction plan of the waste handling structure with design 26 specifications of the structure noted as prepared by or for 27 the owner or operator, and (iv) anticipated dates of 28 construction. The Department shall, within 15 calendar days 29 of receipt of the registration form, notify the person 30 submitting the form that the registration is complete or that 31 clarification information is needed. 32 (d) Any owner or operator who fails to file a notice of 33 intent to construct form or construction plans with the 34 Department prior to commencing construction, upon being SB1199 Enrolled -3- LRB9102177LDmbA 1 discovered by the Department, shall be subject to an 2 administrative hearing by the Department. The administrative 3 law judge, upon determination of a failure to file the 4 appropriate form, shall impose a civil administrative penalty 5 in an amount no more than $1,000 and shall enter an 6 administrative order directing that the owner or operator 7 file the appropriate form within 10 business days after 8 receiving notice from the Department. If, after receiving 9 the administrative law judge's order to file, the owner or 10 operator fails to file the appropriate form with the 11 Department, the Department shall impose a civil 12 administrative penalty in an amount no less than $1,000 and 13 no more than $2,500 and shall enter an administrative order 14 prohibiting the operation of the facility until the owner or 15 operator is in compliance with this Act. Penalties under this 16 subsection (d) not paid within 60 days of notice from the 17 Department shall be submitted to the Attorney General's 18 office or an approved private collection agency. 19 (510 ILCS 77/12 new) 20 Sec. 12. Public informational meeting; lagoons and 21 non-lagoon structures. 22 (a) Beginning on the effective date of this amendatory 23 Act of 1999, within 7 days after receiving a form giving 24 notice of intent to construct (i) a new livestock management 25 facility or livestock waste handling facility serving 1,000 26 or more animal units that does not propose to utilize a 27 lagoon or (ii) a livestock waste management facility or 28 livestock waste handling facility that does propose to 29 utilize a lagoon, the Department shall send a copy of the 30 notice form to the county board of the county in which the 31 facility is to be located and shall publish a public notice 32 in a newspaper of general circulation within the county. 33 After receiving a copy of the notice form from the SB1199 Enrolled -4- LRB9102177LDmbA 1 Department, the county board may, at its discretion and 2 within 30 days after receipt of the notice, request that the 3 Department conduct an informational meeting concerning the 4 proposed construction that is subject to this Section. In 5 addition, during the county's 30-day review period, county 6 residents may petition the county board of the county where 7 the proposed new facility will be located to request that the 8 Department conduct an informational meeting. When petitioned 9 by 75 or more of the county's residents who are registered 10 voters, the county board shall request that the Department 11 conduct an informational meeting. If the county board 12 requests that the Department conduct the informational 13 meeting, the Department shall conduct the informational 14 meeting within 15 days of the county board's request. If the 15 Department conducts such a meeting, it shall cause notice of 16 the meeting to be published in a newspaper of general 17 circulation in the county and in the State newspaper and 18 shall send a copy of the notice to the County Board. Upon 19 receipt of the notice, the County Board shall post the notice 20 on the public informational board at the county courthouse at 21 least 10 days before the meeting. The owner or operator who 22 submitted the notice of intent to construct to the Department 23 shall appear at the meeting. At the meeting, the Department 24 shall afford members of the public an opportunity to ask 25 questions and present oral or written comments concerning the 26 proposed construction. 27 (b) The county board shall submit at the informational 28 meeting or within 30 days following the meeting an advisory, 29 non-binding recommendation to the Department about the 30 proposed new facility's construction in accordance with the 31 applicable requirements of this Act. The advisory, 32 non-binding recommendation shall contain at a minimum: 33 (1) a statement of whether the proposed facility 34 achieves or fails to achieve each of the 8 siting SB1199 Enrolled -5- LRB9102177LDmbA 1 criteria as outlined in subsection (d); and 2 (2) a statement of the information and criteria 3 used by the county board in determining that the proposed 4 facility met or failed to meet any of the criteria 5 described in subsection (d). 6 (c) When the county board requests an informational 7 meeting, construction shall not begin until after the 8 informational meeting has been held, the Department has 9 reviewed the county board's recommendation and replied to the 10 recommendation indicating if the proposed new livestock 11 management facility or the new livestock waste handling 12 facility is or will be in compliance with the requirements of 13 the Act, and the owner, operator, or certified manager and 14 operator has received the Department's notice that the 15 setbacks and all applicable requirements of this Act have 16 been met. 17 (d) At the informational meeting for the proposed 18 facility, the Department of Agriculture shall receive 19 evidence by testimony or otherwise on the following subjects: 20 (1) Whether registration and livestock waste 21 management plan certification requirements, if required, 22 are met by the notice of intent to construct. 23 (2) Whether the design, location, or proposed 24 operation will protect the environment by being 25 consistent with this Act. 26 (3) Whether the location minimizes any 27 incompatibility with the surrounding area's character by 28 being located in any area zoned for agriculture where the 29 county has zoning or where the county is not zoned, the 30 setback requirements established by this Act are complied 31 with. 32 (4) Whether the facility is located within a 33 100-year floodplain or an otherwise environmentally 34 sensitive area (defined as an area of karst area or with SB1199 Enrolled -6- LRB9102177LDmbA 1 aquifer material within 5 feet of the bottom of the 2 livestock waste handling facility) and whether 3 construction standards set forth in the notice of intent 4 to construct are consistent with the goal of protecting 5 the safety of the area. 6 (5) Whether the owner or operator has submitted 7 plans for operation that minimize the likelihood of any 8 environmental damage to the surrounding area from spills, 9 runoff, and leaching. 10 (6) Whether odor control plans are reasonable and 11 incorporate reasonable or innovative odor reduction 12 technologies given the current state of such 13 technologies. 14 (7) Whether traffic patterns minimize the effect on 15 existing traffic flows. 16 (8) Whether construction or modification of a new 17 facility is consistent with existing community growth, 18 tourism, recreation, or economic development or with 19 specific projects involving community growth, tourism, 20 recreation, or economic development that have been 21 identified by government action for development or 22 operation within one year through compliance with 23 applicable zoning and setback requirements for populated 24 areas as established by this Act. 25 (510 ILCS 77/12.1 new) 26 Sec. 12.1. Final determination. 27 (a) Within 15 calendar days of the close of the comment 28 period under subsection (b) of Section 12, the Department 29 shall determine if, more likely than not, the provisions of 30 the Act have been met and shall send notice to the applicant 31 and the county board indicating that construction may 32 proceed. If the Department finds that, more likely than not, 33 the provisions of the Act have not been met the Department SB1199 Enrolled -7- LRB9102177LDmbA 1 shall send notice to the applicant that construction is 2 prohibited. 3 (a-5) If the Department finds that additional 4 information or that specific changes are needed in order to 5 assist the Department in making the determination under 6 subsection (a) of this Section, the Department may request 7 such information or changes from the owner or operator of the 8 new livestock waste handling facility or waste management 9 facility. 10 (b) If no informational meeting is held, the Department 11 shall, within 15 calendar days following the end of the 12 period for the county board to request an informational 13 meeting, notify the owner or operator that construction may 14 begin or that clarification is needed. 15 (c) If the owner or operator of a proposed livestock 16 management facility or livestock waste handling facility 17 amends the facility plans during the Department's review, the 18 Department shall notify the county board, which may exercise 19 its option of a public informational meeting pursuant to 20 Section 12 of this Act. 21 (d) If the owner or operator of a proposed new livestock 22 management or new livestock waste handling facility amends 23 the facility plans during the Department's review process by 24 increasing the animal unit capacity of the facility such that 25 the required setback distances will be increased, the owner 26 or operator shall submit a revised notice of intent to 27 construct and comply with applicable provisions of this Act. 28 (510 ILCS 77/13 new) 29 Sec. 13. Livestock waste handling facilities other than 30 earthen livestock waste lagoons; construction standards; 31 certification; inspection; removal-from-service requirements. 32 (a) After the effective date of this amendatory Act of 33 1999, livestock waste handling facilities other than earthen SB1199 Enrolled -8- LRB9102177LDmbA 1 livestock waste lagoons used for the storage of livestock 2 waste shall be constructed in accordance with this Section. 3 (1) Livestock waste handling facilities constructed 4 of concrete shall meet the strength and load factors set 5 forth in the Midwest Plan Service's Concrete Manure 6 Storage Handbook (MWPS-36) and future updates. In 7 addition, those structures shall meet the following 8 requirements: 9 (A) Waterstops shall be incorporated into the 10 design of the storage structure when consistent with 11 the requirements of paragraph (1) of this 12 subsection; 13 (B) Storage structures that handle waste in a 14 liquid form shall be designed to contain a volume of 15 not less than the amount of waste generated during 16 150 days of facility operation at design capacity; 17 and 18 (C) Storage structures not covered or 19 otherwise protected from precipitation shall, in 20 addition to the waste storage volume requirements of 21 subparagraph (B) of paragraph (1) of this 22 subsection, include a 2-foot freeboard. 23 (2) A livestock waste handling facility in a 24 prefabricated form shall meet the strength, load, and 25 compatibility factors for its intended use. Those 26 factors shall be verified by the manufacturer's 27 specifications. 28 (3) Livestock waste handling facilities holding 29 semi-solid livestock waste, including but not limited to 30 picket dam structures, shall be constructed according to 31 the requirements set forth in the Midwest Plan Service's 32 Livestock Waste Facilities Handbook (MWPS-18) and future 33 updates or similar standards used by the Natural 34 Resources Conservation Service of the United States SB1199 Enrolled -9- LRB9102177LDmbA 1 Department of Agriculture. 2 (4) Livestock waste handling facilities holding 3 solid livestock waste shall be constructed according to 4 the requirements set forth in the Midwest Plan Service's 5 Livestock Waste Facilities Handbook (MWPS-18) and future 6 updates or similar standards used by the Natural 7 Resources Conservation Service of the United States 8 Department of Agriculture. In addition, solid livestock 9 waste stacking structures shall be sized to store not 10 less than the amount of waste generated during 6 months 11 of facility operation at design capacity. 12 (5) Holding ponds used for the temporary storage of 13 livestock feedlot run-off shall be constructed according 14 to the requirements set forth in the Midwest Plan 15 Service's Livestock Waste Facilities Handbook (MWPS-18) 16 and future updates or similar standards used by the 17 Natural Resources Conservation Service of the United 18 States Department of Agriculture. 19 (b) New livestock management facilities and livestock 20 waste handling facilities constructed after the effective 21 date of this amendatory Act of 1999 shall be subject to the 22 additional construction requirements and siting prohibitions 23 provided in this subsection (b). 24 (1) No new non-lagoon livestock management facility 25 or livestock waste handling facility may be constructed 26 within the floodway of a 100-year floodplain. A new 27 livestock management facility or livestock waste handling 28 facility may be constructed within the portion of a 29 100-year floodplain that is within the flood fringe and 30 outside the floodway provided that the facility is 31 designed and constructed to be protected from flooding 32 and meets the requirements set forth in the Rivers, 33 Lakes, and Streams Act, Section 5-40001 of the Counties 34 Code, and Executive Order Number 4 (1979). The SB1199 Enrolled -10- LRB9102177LDmbA 1 delineation of floodplains, floodways, and flood fringes 2 shall be in compliance with the National Flood Insurance 3 Program. Protection from flooding shall be consistent 4 with the National Flood Insurance Program and shall be 5 designed so that stored livestock waste is not readily 6 removed. 7 (2) A new non-lagoon livestock waste handling 8 facility constructed in a karst area shall be designed to 9 prevent seepage of the stored material into groundwater 10 in accordance with ASAE 393.2 or future updates. Owners 11 or operators of proposed facilities should consult with 12 the local soil and water conservation district, the 13 University of Illinois Cooperative Extension Service, or 14 other local, county, or State resources relative to 15 determining the possible presence or absence of such 16 areas. Notwithstanding the other provisions of this 17 paragraph (2), after the effective date of this 18 amendatory Act of 1999, no non-lagoon livestock waste 19 handling facility may be constructed within 400 feet of 20 any natural depression in a karst area formed as a result 21 of subsurface removal of soil or rock materials that has 22 caused the formation of a collapse feature that exhibits 23 internal drainage. For the purposes of this paragraph 24 (2), the existence of such a natural depression in a 25 karst area shall be indicated by the uppermost closed 26 depression contour lines on a USGS 7 1/2 minute 27 quadrangle topographic map or as determined by Department 28 field investigation in a karst area. 29 (3) A new non-lagoon livestock waste handling 30 facility constructed in an area where aquifer material is 31 present within 5 feet of the bottom of the facility shall 32 be designed to ensure the structural integrity of the 33 containment structure and to prevent seepage of the 34 stored material to groundwater. Footings and underlying SB1199 Enrolled -11- LRB9102177LDmbA 1 structure support shall be incorporated into the design 2 standards of the storage structure in accordance with the 3 requirements of Section 4.1 of the American Society of 4 Agricultural Engineers (ASAE) EP 393.2 or future updates. 5 (c) A livestock waste handling facility owner may rely 6 on guidance from the local soil and water conservation 7 district, the Natural Resources Conservation Service of the 8 United States Department of Agriculture, or the University of 9 Illinois Cooperative Extension Service for soil type and 10 associated information. 11 (d) The standards in subsections (a) and (b) shall serve 12 as interim construction standards until such time as 13 permanent rules promulgated pursuant to Section 55 of this 14 Act become effective. In addition, the Department and the 15 Board shall utilize the interim standards in subsections (a) 16 and (b) as a basis for the development of such permanent 17 rules. 18 (e) The owner or operator of a livestock management 19 facility or livestock waste handling facility may, with the 20 approval of the Department, elect to exceed the strength and 21 load requirements as set forth in this Section. 22 (f) The owner or operator of a livestock management 23 facility or livestock waste handling facility shall send, by 24 certified mail or in person, to the Department a 25 certification of compliance together with copies of 26 verification documents upon completion of construction. In 27 the case of structures constructed with the design standards 28 used by the Natural Resources Conservation Service of the 29 United States Department of Agriculture, copies of the design 30 standards and a statement of verification signed by a 31 representative of the United States Department of Agriculture 32 shall accompany the owner's or operator's certification of 33 compliance. The certification shall state that the structure 34 meets or exceeds the requirements in subsection (a) of this SB1199 Enrolled -12- LRB9102177LDmbA 1 Section. A $250 filing fee shall accompany the statement. 2 (g) The Department shall inspect the construction site 3 prior to construction, during construction, and within 10 4 business days following receipt of the certification of 5 compliance to determine compliance with the construction 6 standards. 7 (h) The Department shall require modification when 8 necessary to bring the construction into compliance with the 9 standards set forth in this Section. The person making the 10 inspection shall discuss with the owner, operator, or 11 certified livestock manager an evaluation of the livestock 12 waste handling facility construction and shall (i) provide 13 on-site written recommendations to the owner, operator, or 14 certified livestock manager of what modifications are 15 necessary or (ii) inform the owner, operator, or certified 16 livestock manager that the facility meets the standards set 17 forth in this Section. On the day of the inspection, the 18 person making the inspection shall give the owner, operator, 19 or certified livestock manager a written report of findings 20 based on the inspection together with an explanation of 21 remedial measures necessary to enable the livestock waste 22 handling facility to meet the standards set forth in this 23 Section. The Department shall, within 5 business days of the 24 date of inspection, send an official written notice to the 25 owner or operator of the livestock waste handling facility by 26 certified mail, return receipt requested, indicating that the 27 facility meets the standards set forth in this Section or 28 identifying the remedial measures necessary to enable the 29 livestock waste handling facility to meet the standards set 30 forth in this Section. The owner or operator shall, within 31 10 business days of receipt of an official written notice of 32 deficiencies, contact the Department to develop the 33 principles of an agreement of compliance. The owner or 34 operator and the Department shall enter into an agreement of SB1199 Enrolled -13- LRB9102177LDmbA 1 compliance setting forth the specific changes to be made to 2 bring the construction into compliance with the standards 3 required under this Section. If an agreement of compliance 4 cannot be achieved, the Department shall issue a compliance 5 order to the owner or operator outlining the specific changes 6 to be made to bring the construction into compliance with the 7 standards required under this Section. The owner or operator 8 can request an administrative hearing to contest the 9 provisions of the Department's compliance order. 10 (j) If any owner or operator operates in violation of an 11 agreement of compliance, the Department shall seek an 12 injunction in circuit court to prohibit the operation of the 13 facility until construction and certification of the 14 livestock waste handling facility are in compliance with the 15 provisions of this Section. 16 (k) When any livestock management facility not using an 17 earthen livestock waste lagoon is removed from service, the 18 accumulated livestock waste remaining within the facility 19 shall be removed and applied to land at rates consistent with 20 a waste management plan for the facility. Removal of the 21 waste shall occur within 12 months after the date livestock 22 production at the facility ceases. In addition, the owner or 23 operator shall make provisions to prevent the accumulation of 24 precipitation within the livestock waste handling facility. 25 Upon completion of the removal of manure, the owner or 26 operator of the facility shall notify the Department that the 27 facility is being removed from service and the remaining 28 manure has been removed. The Department shall conduct an 29 inspection of the livestock waste handling facility and 30 inform the owner or operator in writing that the requirements 31 imposed under this subsection (k) have been met or that 32 additional actions are necessary. Commencement of operations 33 at a facility that has livestock shelters left intact and 34 that has completed the requirements imposed under this SB1199 Enrolled -14- LRB9102177LDmbA 1 subsection (k) and that has been operated as a livestock 2 management facility or livestock waste handling facility for 3 4 consecutive months at any time within the previous 10 years 4 shall not be considered a new or expanded livestock 5 management or waste handling facility. A new facility 6 constructed after May 21, 1996 that has been removed from 7 service for a period of 2 or more years shall not be placed 8 back into service prior to an inspection of the livestock 9 waste handling facility and receipt of written approval by 10 the Department. 11 (510 ILCS 77/15) 12 Sec. 15. Livestock waste lagoon. 13 (a) Standards for livestock waste lagoon construction. 14 Any earthen livestock waste lagoon subject to registration 15 shall be constructed or modified in accordance with "Design 16 of Anaerobic Lagoons for Animal Waste Management" promulgated 17 by the American Society of Agricultural Engineers or the 18 national guidelines as published by the United States 19 Department of Agriculture Natural Resource Conservation 20 Service in Illinois and titled Waste Treatment Lagoon. The 21 owner or operator of the earthen livestock lagoon may, with 22 approval from the Department, modify or exceed these 23 standards in order to meet site specific objectives. 24 Notwithstanding any other requirement of this subsection, 25 every earthen livestock waste lagoon shall include the 26 construction of a secondary berm, filter strip, grass 27 waterway, or terrace, or any combination of those, outside 28 the perimeter of the primary berm if an engineer licensed 29 under the Professional Engineering Practice Act of 1989 and 30 retained by the registrant determines, with the concurrence 31 of the Department, that construction of such a secondary berm 32 or other feature or features is necessary in order to ensure 33 against a release of livestock waste from the lagoon (i) that SB1199 Enrolled -15- LRB9102177LDmbA 1 encroaches or is reasonably expected to encroach upon land 2 other than the land occupied by the livestock waste handling 3 facility of which the lagoon is a part or (ii) that enters 4 or is reasonably expected to enter the waters of this State. 5 The Department shall determine compliance with these 6 requirements. The Department may require changes in design 7 or additional requirements to protect groundwater, such as 8 extra liner depth or synthetic liners, when it appears 9 groundwater could be impacted. 10 (a-5) New earthen livestock waste lagoons constructed 11 after the effective date of this amendatory Act of 1999 shall 12 be subject to additional construction requirements and siting 13 prohibitions as provided in this subsection (a-5). 14 (1) No new earthen livestock waste lagoon may be 15 constructed within the floodway of a 100-year floodplain. 16 A new earthen livestock waste lagoon may be constructed 17 within the portion of a 100-year floodplain that is 18 within the flood fringe and outside the floodway provided 19 that the facility is designed and constructed so that 20 livestock waste is not readily removed during flooding 21 and meets the requirements set forth in the Rivers, 22 Lakes, and Streams Act, Section 5-40001 of the Counties 23 Code, and Executive Order Number 4 (1979). The 24 delineation of floodplains, floodways, and flood fringes 25 shall be in compliance with the National Flood Insurance 26 Program. 27 (2) A new earthen livestock waste lagoon 28 constructed in a karst area shall be designed to prevent 29 seepage of the stored material to groundwater. Owners or 30 operators of proposed facilities shall consult with the 31 local soil and water conservation district, the 32 University of Illinois Cooperative Extension Service, or 33 other local, county, or State resources relative to 34 determining the possible presence or absence of such SB1199 Enrolled -16- LRB9102177LDmbA 1 areas. Notwithstanding the other provisions of this 2 paragraph (2), after the effective date of this 3 amendatory Act of 1999, no earthen livestock waste lagoon 4 may be constructed within 400 feet of any natural 5 depression in a karst area formed as a result of 6 subsurface removal of soil or rock materials that has 7 caused the formation of a collapse feature that exhibits 8 internal drainage. For the purposes of this paragraph 9 (2), the existence of such natural depression in a karst 10 area shall be indicated by the uppermost closed 11 depression contour lines on a USGS 7 1/2 minute 12 quadrangle topographic map or as determined by Department 13 field investigation in a karst area. 14 (b) Registration and certification. Any earthen 15 livestock waste lagoon newly constructed or modified (does 16 not include repairs) after the effective date of rules 17 adopted for the implementation of this Act shall be 18 registered by the owner or operator with the Department on a 19 form provided by the Department. Lagoons constructed prior 20 to the effective date of rules adopted for the implementation 21 of this Act may register with the Department at no charge. 22 In order to give the Department notice of the owner's or 23 operator's intent to construct or modify an earthen livestock 24 waste lagoon, the owner or operator shall register such 25 lagoon with the Department during the preconstruction phase. 26 Construction shall not begin until 30 days after submittal of 27 a registration form by certified mail to the Department. 28 When an informational meeting is requested by the county, 29 construction shall not begin until after the informational 30 meeting has been held. 31 Livestock waste lagoon registration forms shall be made 32 available to producers at offices of the Department of 33 Agriculture, Cooperative Extension Service, and Soil and 34 Water Conservation Districts. SB1199 Enrolled -17- LRB9102177LDmbA 1 Registration information shall include the following: 2 (1) Name(s) and address(es) of the owner and 3 operator who are responsible for the livestock waste 4 lagoon. 5 (2) General location of lagoon. 6 (3) Design construction plans and specifications. 7 (4) Specific location information: 8 (A) Distance to a private or public potable 9 well; 10 (B) Distance to closest occupied private 11 residence (other than any occupied by owner or 12 operator); 13 (C) Distance to nearest stream; and 14 (D) Distance to nearest populated area. 15 (5) Anticipated beginning and ending dates of 16 construction. 17 (6) Type of livestock and number of animal units. 18 The Department of Agriculture upon receipt of a livestock 19 waste lagoon registration form shall review the form to 20 determine that all required information has been provided. 21 The person filing the registration shall be notified within 22 15 working days that the registration is complete or that 23 clarification of information is needed. No later than 10 24 working days after receipt of the clarification information, 25 the Department shall notify the owner or operator that the 26 registration is complete. 27 The Department shall inspect an earthen livestock waste 28 lagoon during preconstruction, construction, and 29 post-construction. The Department shall require 30 modifications when necessary to bring construction in 31 compliance with the standards as set forth in subsection (a) 32 of Section 15. The person making the inspection shall 33 discuss with the owner, operator, or certified livestock 34 manager an evaluation of the livestock waste lagoon SB1199 Enrolled -18- LRB9102177LDmbA 1 construction and shall (i) provide on-site written 2 recommendations to the owner, operator, or certified 3 livestock manager of what modifications are necessary or (ii) 4 inform the owner, operator, or certified livestock manager 5 that the lagoon meets the standards set forth in subsection 6 (a) of Section 15. On the day of the inspection, the person 7 making the inspection shall give the owner, operator, or 8 certified livestock manager a written report of his or her 9 findings based on the inspection, together with an 10 explanation of any remedial measures necessary to enable the 11 lagoon to meet the standards set forth in subsection (a). 12 The person making any inspection shall comply with 13 reasonable animal health protection procedures as requested 14 by the owner, operator, or certified livestock manager. 15 Upon completion of the construction or modification, but 16 prior to placing the lagoon in service, the owner or operator 17 of the livestock waste lagoon shall certify on a form 18 provided by the Department that the lagoon has been 19 constructed or modified in accordance with the standards set 20 forth in subsection (a) of Section 15 and that the 21 information provided on the registration form is correct. 22 (1) The certification notice to the Department 23 shall include a certification statement and signature. 24 (2) The certification shall state: "I hereby 25 certify that the information provided on this form is 26 correct and that the lagoon has been constructed in 27 accordance with the standards as required by the 28 Livestock Management Facilities Act." 29 Within 10 business days of receipt of the certification 30 of compliance, the Department shall inspect the lagoon site. 31 The Department shall, within 5 business days of the date of 32 inspection, send an official written notice by certified 33 mail, return receipt requested, to the owner or operator of 34 the facility indicating that all the requirements of this SB1199 Enrolled -19- LRB9102177LDmbA 1 Section have been met or that deficiencies exist that must be 2 corrected prior to the completion of the lagoon registration 3 process and the placement of the lagoon into service. The 4 owner or operator of the lagoon may proceed to place the 5 lagoon in service after receipt of the Department's notice 6 that all the requirements of this Section have been met
no7 earlier than 10 working days after submitting to the8 Department a certification of compliance statement. 9 (b-5) Public informational meeting. Within 7 days after10 receiving a registration form giving notice of an intent to11 construct or modify an earthen livestock waste lagoon after12 the effective date of this amendatory Act of 1997, the13 Department shall send a copy of the registration form to the14 county board of the county in which the lagoon is or is to15 be located. After receiving a copy of a lagoon registration16 form from the Department under this subsection, within 3017 days the county board may at its discretion request that the18 Department conduct a public informational meeting within 1519 days of the request concerning the proposed construction or20 modification of the lagoon. If the Department conducts such21 a meeting, then at least 10 days before the meeting, the22 Department shall cause notice of the meeting to be published23 in a newspaper of general circulation in the county or the24 State newspaper. The owner or operator who submitted the25 registration form to the Department shall appear at the26 meeting. At the meeting, the Department shall afford members27 of the public an opportunity to ask questions and present28 oral or written testimony concerning the proposed29 construction or modification of the lagoon.30 (c) Complaint procedure. Any person having a complaint 31 concerning an earthen livestock waste lagoon may file a 32 complaint with the Agency. If the Agency finds that 33 groundwater has been negatively impacted because of 34 structural problems with the earthen lagoon, the Agency shall SB1199 Enrolled -20- LRB9102177LDmbA 1 notify the Department that modification of the lagoon is 2 necessary. The livestock owner or operator or the Department 3 may request guidance from the United States Department of 4 Agriculture Natural Resource Conservation Service or the 5 University of Illinois Cooperative Extension Service. 6 The person making any inspection shall comply with animal 7 health protection procedures as requested by the owner or 8 operator. 9 Any earthen livestock waste lagoon in service prior to 10 the effective date of the rules for implementation of this 11 Act is not subject to registration but is only subject to the 12 complaint procedure. However, any such livestock waste 13 lagoon found impacting groundwater shall be required to be 14 repaired, modified, or have procedures instituted so 15 groundwater is not negatively impacted. 16 If an investigation reveals groundwater has been 17 negatively impacted, the Department and Agency shall 18 cooperate with the owner or operator of the affected 19 livestock waste lagoon to provide a reasonable solution to 20 protect the groundwater. 21 Nothing in this Section shall limit the Agency's 22 authority under the Environmental Protection Act to 23 investigate and respond to violations of the Environmental 24 Protection Act or rules adopted under that Act. 25 (d) Livestock waste lagoon registration fee. The 26 livestock waste lagoon registration fee is $250 $50. 27 (d-5) Reporting release of waste. An owner or operator28 of a lagoon shall report to the Agency any release of29 livestock waste from a lagoon within 24 hours after the30 discovery of the release. The procedure for reporting31 releases shall be adopted by the Agency by rule.32 For a first violation of this subsection (d-5) by the33 owner or operator of a livestock management facility or34 livestock waste handling facility, the Department shall sendSB1199 Enrolled -21- LRB9102177LDmbA 1 the owner or operator a written notice of the violation by2 certified mail, return receipt requested.3 If after an administrative hearing the Department finds4 that the owner or operator of a livestock management facility5 or livestock waste handling facility has committed a second6 violation of this subsection (d-5), the Department shall7 impose on the owner or operator a civil administrative8 penalty in an amount not exceeding $1,000. The Attorney9 General may bring an action in the circuit court to enforce10 the collection of a penalty imposed under this subsection11 (d-5).12 If after an administrative hearing the Department finds13 that the owner or operator of a livestock management facility14 or livestock waste handling facility has committed a third15 violation of this subsection (d-5), the Department shall16 enter an administrative order directing that the owner or17 operator cease operation of the facility until the violation18 is corrected.19 If a livestock management facility or livestock waste20 handling facility has not committed a violation of this21 subsection (d-5) within the 5 years immediately preceding a22 violation, the violation shall be construed and treated as a23 first violation.24 (e) Closure of livestock waste lagoons. When any earthen 25 livestock waste lagoon is removed from service, it shall be 26 completely emptied. Appropriate closure procedures shall be 27 followed as determined by rule. The remaining hole must be 28 filled. The closure requirements shall be completed within 29 two years from the date of cessation of operation unless the 30 lagoon is maintained or serviced. The Department may grant a 31 waiver to the before-stated closure requirements that will 32 permit the lagoon to be used for an alternative purpose. 33 Upon a change in ownership of a registered earthen 34 livestock waste lagoon, the owner shall notify the Department SB1199 Enrolled -22- LRB9102177LDmbA 1 of the change within 30 working days of the closing of the 2 transaction. 3 (f) Administrative authority. All actions of the 4 Department of Agriculture are subject to the Illinois 5 Administrative Procedure Act. 6 Any earthen livestock waste lagoon subject to 7 registration shall not begin operation until the owner or 8 operator of the lagoon has met the requirements of this Act. 9 The owner or operator of any earthen livestock waste 10 lagoon subject to registration that has not been registered 11 or constructed in accordance with standards set forth in 12 subsection (a) of Section 15 shall, upon being identified as 13 such by the Department, be given written notice by the 14 Department to register and certify the lagoon within 10 15 working days of receipt of the notice. The Department may 16 inspect such lagoon and require compliance in accordance with 17 subsections (a) and (b) of this Section. If the owner or 18 operator of the livestock waste lagoon that is subject to 19 registration fails to comply with the notice, the Department 20 may issue a cease and desist order until such time as 21 compliance is obtained with the requirements of this Act. 22 Failure to construct the lagoon in accordance with the 23 construction plan and Department recommendations is a 24 business offense punishable by a fine of not more than 25 $5,000. 26 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.) 27 (510 ILCS 77/18 new) 28 Sec. 18. Reporting release of waste. 29 (a) An owner or operator of a livestock waste handling 30 facility shall report to the Agency any release of livestock 31 waste from a livestock waste handling facility or from the 32 transport of livestock waste within 24 hours after discovery 33 of the release. Reporting shall not be required in the case SB1199 Enrolled -23- LRB9102177LDmbA 1 of a release of less than 25 gallons that is not released to 2 the waters of the State or from a controlled and recovered 3 release during field application. For the purposes of this 4 subsection (a), waters of the State do not include small 5 temporary accumulations of surface water from precipitation 6 or irrigation systems. The procedure for reporting releases 7 shall be adopted by the Agency by rule. 8 (b) For a first violation of failing to report a release 9 by the owner or operator of a livestock waste handling 10 facility, the Department shall hold an administrative 11 hearing. If, after an administrative hearing, the Department 12 finds that an owner or operator of a livestock waste handling 13 facility has violated subsection (a) of this Act, the 14 Department shall assess a fine not exceeding $1,000. 15 (c) For a second violation of failing to report a 16 release by the owner or operator of a livestock waste 17 handling facility within a 5-year period, the Department 18 shall hold an administrative hearing. If, after the 19 administrative hearing, the Department finds that the owner 20 or operator of a livestock waste handling facility has 21 committed a second violation of failing to report a release 22 within a 5-year period, the Department shall impose on the 23 owner or operator an administrative penalty in an amount not 24 exceeding $2,500. The Attorney General may bring an action 25 in the circuit court to enforce the collection of a penalty 26 imposed for failing to report a release. 27 (d) For a third or subsequent violation of failing to 28 report a release by the owner or operator of a livestock 29 waste handling facility within a 5-year period, the 30 Department shall hold an administrative hearing. If, after 31 the administrative hearing, the Department finds that the 32 owner or operator of a livestock waste handling facility has 33 committed a third or subsequent violation of failing to 34 report a release within a 5-year period, the Department shall SB1199 Enrolled -24- LRB9102177LDmbA 1 impose on the owner or operator an administrative penalty in 2 an amount not exceeding $5,000 and shall seek an injunction 3 in the circuit court through the Attorney General of the 4 State of Illinois. The Attorney General may bring action in 5 the circuit court to enforce the collection of a penalty 6 imposed for failing to report a release. 7 (e) If the owner or operator of a livestock waste 8 handling facility has not committed a violation of failing to 9 report a release within the 5 years immediately preceding a 10 violation, a violation shall be considered and treated as a 11 first violation. 12 (510 ILCS 77/20) 13 Sec. 20. Handling, storing and disposing of livestock 14 waste. 15 (a) The livestock management facility owner or operator 16 shall comply with the requirements for handling, storing, and 17 disposing of livestock wastes as set forth in the rules 18 adopted pursuant to the Illinois Environmental Protection Act 19 concerning agriculture related pollution. 20 (b) The livestock management facility owner or operator 21 at a facility of less than 1,000 animal units shall not be 22 required to prepare and maintain a waste management plan. 23 (c) The livestock management facility owner or operator 24 at a facility of 1,000 or greater animal units but less than 25 5,000 7,000animal units shall prepare and maintain on file 26 at the livestock management facility a general waste 27 management plan. Notwithstanding this requirement, a 28 livestock management facility subject to this subsection may 29 be operated on an interim basis but not to exceed 6 months 30 after the effective date of the rules promulgated pursuant to 31 this Act to allow for the owner or operator of the facility 32 to develop a waste management plan. The waste management 33 plan shall be available for inspection during normal business SB1199 Enrolled -25- LRB9102177LDmbA 1 hours by Department personnel. 2 (d) The livestock management facility owner or operator 3 at a facility of 5,000 7,000or greater animal units shall 4 prepare, maintain, and submit to the Department the waste 5 management plan for approval. Approval of the waste 6 management plan shall be predicated on compliance with 7 provisions of subsection (f). The waste management plan shall 8 be approved by the Department before operation of the 9 facility or in the case of an existing facility, the waste 10 management plan shall be submitted within 60 working days 11 after the effective date of the rules promulgated pursuant to 12 this Act. 13 The owner or operator of an existing livestock management 14 facility that through growth meets or exceeds 5,000 7,00015 animal units shall file its waste management plan with the 16 Department within 60 working days after reaching the stated 17 animal units. 18 The owner or operator of a livestock management facility 19 that is subject to this subsection (d) shall file within 60 20 working days with the Department a revised waste management 21 plan when there is a significantchange as provided in 22 subsection (e) of this Section in items (1), (2), or (10) of23 subsection (f)that will materially affect compliance with 24 the waste management plan. 25 (d-5) The owner or operator of multiple livestock 26 management facilities under common facility ownership where 27 the cumulative animal units of the facilities are equal to or 28 greater than the animal unit numbers provided for in 29 subsection (c) of this Section shall prepare and keep on file 30 at each facility a waste management plan in accordance with 31 the requirements of subsection (c). The owner or operator of 32 multiple livestock management facilities that are under 33 common facility ownership where the cumulative animal units 34 of the facilities are equal to or greater than the animal SB1199 Enrolled -26- LRB9102177LDmbA 1 unit numbers provided for in subsection (d) of this Section 2 shall prepare and file with the Department a waste management 3 plan in accordance with the provisions of subsection (d). 4 Cumulative animal units shall be determined by combining the 5 animal units of multiple livestock management facilities 6 under the common facility ownership based upon the design 7 capacity of each facility. For the purposes of this 8 subsection (d-5), "under common facility ownership" means the 9 same person or persons own, directly or indirectly, through 10 majority owned business entities at least 51% of any person 11 or persons (as defined by Section 10.55) that own or operate 12 the livestock management facility or livestock waste handling 13 facility located in the State of Illinois. 14 (e) The owner or operator of a livestock management 15 facility shall update the waste management plan when there is 16 a change in values shown in the plan under item (1) of 17 subsection (f) of this Section. The waste management plan and 18 records of livestock waste disposal shall be kept on file for 19 three years. 20 (f) The application of livestock waste to the land is an 21 acceptable, recommended, and established practice in 22 Illinois. However, when livestock waste is not applied in a 23 responsible manner, it may create pollutional problems. It 24 should be recognized that research relative to livestock 25 waste application based on livestock waste nutrient content 26 is currently ongoing. The Dean of the College of 27 Agricultural, Consumer and Environmental Sciences at the 28 University of Illinois, or his or her designee, shall 29 annually report to the Advisory Committee on the status of 30 phosphorus research, including research that has been 31 supported in whole or in part by the Council for Food and 32 Agricultural Research. The Advisory Committee may also 33 consult with other appropriate research entities on the 34 status of phosphorus research. It is considered acceptable SB1199 Enrolled -27- LRB9102177LDmbA 1 to prepare and implement a waste management plan based on a 2 nitrogen rate, unless otherwise restricted by this Section. 3 It should be recognized that, in most cases, if the agronomic4 nitrogen rate is met, the phosphorus applied will exceed the5 crop requirements, but not all of the phosphorus may be6 available for use by the crop. It will be considered7 acceptable, therefore, to prepare and implement a waste8 management plan based on the nitrogen rate.The waste 9 management plan shall include the following: 10 (1) An estimate of the volume of livestock waste to 11 be disposed of annually, which shall be obtained by 12 multiplying the design capacity of the facility by the 13 appropriate amount of waste generated by the animals. 14 The values showing the amount of waste generated in Table 15 2-1, Midwest Plan Service's, MWPS-18, Livestock Waste 16 Management Facilities Handbook or Design Criteria for the 17 field application of livestock waste adopted by the 18 Agency may be used. 19 (2) The number of acres available for disposal of 20 the waste, whether they are owned by the owner or 21 operator of the livestock waste management facility or 22 are shown to be contracted with another person or persons 23 for disposal of waste. 24 (3) An estimate of the nutrient value of the waste. 25 The owner or operator may prepare a plan based on an 26 average of the minimum and maximum numbers in the table 27 values derived from Midwest Plan Service's, MWPS-18, 28 Livestock Waste Facilities Handbook, the Agency's 29 Agriculture Related Pollution regulations, or the results 30 of analysis performed on samples of waste. For the 31 purposes of compliance with this subsection, the nutrient 32 values of livestock waste may vary as indicated in the 33 source table. In the case of laboratory analytical 34 results, the nutrient values may vary with the accuracy SB1199 Enrolled -28- LRB9102177LDmbA 1 of the analytical method. 2 (3.5) Results of the Bray P1 or Mehlich test for 3 soil phosphorus reported in pounds of elemental 4 phosphorus per acre. Soil samples shall be obtained and 5 analyzed from the livestock waste application fields on 6 land owned or under the control of the owner or operator 7 where applications are planned. Fields where livestock 8 waste is applied shall be sampled every 3 years. Sampling 9 procedures, such as the number of samples and the depth 10 of sampling, as outlined in the current edition of the 11 Illinois Agronomy Handbook shall be followed when soil 12 samples are obtained. 13 (3.6) If the average Bray P1 or Mehlich test result 14 for soil phosphorus calculated from samples obtained from 15 the application field is 300 pounds or less of elemental 16 phosphorus per acre, livestock waste may continue to be 17 applied to that field in accordance with subsection (f) 18 of this Section. If the average Bray P1 or Mehlich test 19 result for soil phosphorus for an application field is 20 greater than 300 pounds of elemental phosphorus per acre, 21 the owner or operator shall apply livestock waste at the 22 phosphorus rate to the field until the average Bray P1 or 23 Mehlich test for soil phosphorus indicates there is less 24 than 300 pounds of elemental phosphorus per acre. Upon 25 the development of a phosphorus index that is approved 26 subject to the provisions established in Section 55 of 27 this Act, the owner or operator shall use such index in 28 lieu of the 300 pounds of elemental phosphorus per acre. 29 (4) An indication that the livestock waste will be 30 applied at rates not to exceed the agronomic nitrogen 31 demand of the crops to be grown when averaged over a 32 5-year period. 33 (5) A provision that livestock waste applied within 34 1/4 mile of any residence not part of the facility shall SB1199 Enrolled -29- LRB9102177LDmbA 1 be injected or incorporated on the day of application. 2 However, livestock management facilities and livestock 3 waste handling facilities that have irrigation systems in 4 operation prior to the effective date of this Act or 5 existing facilities applying waste on frozen ground are 6 not subject to the provisions of this item (5). 7 (6) A provision that livestock waste may not be 8 applied within 200 feet of surface water unless the water 9 is upgrade or there is adequate diking, and waste will 10 not be applied within 150 feet of potable water supply 11 wells. 12 (7) A provision that livestock waste may not be 13 applied in a 10-year flood plain unless the injection or 14 incorporation method of application is used. 15 (8) A provision that livestock waste may not be 16 applied in waterways. 17 (9) A provision that if waste is spread on frozen 18 or snow-covered land, the application will be limited to 19 land areas on which: 20 (A) land slopes are 5% or less, or 21 (B) adequate erosion control practices exist. 22 (10) Methods for disposal of animal waste. 23 (g) Any person who is required to prepare and maintain a 24 waste management plan and who fails to do so shall be issued 25 a warning letter by the Department for the first violation 26 and shall be given 30 working days to prepare a waste 27 management plan. For failure to prepare and maintain a waste 28 management plan, the person shall be fined an administrative 29 penalty of up to $1,000 by the Department and shall be 30 required to enter into an agreement of compliance to prepare 31 and maintain a waste management plan within 30 working days. 32 For failure to prepare and maintain a waste management plan 33 after the second 30 day period or for failure to enter into a 34 compliance agreement, the Department may issue an operational SB1199 Enrolled -30- LRB9102177LDmbA 1 cease and desist order until compliance is attained. 2 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.) 3 (510 ILCS 77/35) 4 Sec. 35. Setbacks for livestock management and livestock 5 handling facilities. 6 (a) Grandfather provision; facilities in existence prior 7 to July 15, 1991. Livestock management facilities and 8 livestock waste handling facilities in existence prior to 9 July 15, 1991 shall comply with setbacks in existence prior 10 to July 15, 1991, as set forth in the Illinois Environmental 11 Protection Act and rules promulgated under that Act. 12 (b) Grandfather provision; facilities in existence on 13 effective date and after July 15, 1991. Livestock management 14 facilities and livestock waste handling facilities in 15 existence on the effective date of this Act but after July 16 15, 1991 shall comply with setbacks in existence prior to the 17 effective date of this Act, as set forth in the Illinois 18 Environmental Protection Act and rules promulgated under that 19 Act. 20 (c) New livestock management or livestock waste handling 21 facilities. Any new facility shall comply with the following 22 setbacks: 23 (1) For purposes of determining setback distances, 24 minimum distances shall be measured from the nearest 25 corner of the residence or place of common assembly to 26 the nearest corner of the earthen waste lagoon or 27 livestock management facility, whichever is closer. 28 (2) A livestock management facility or livestock 29 waste handling facility serving less than 50 animal 30 units shall be exempt from setback distances as set forth 31 in this Act but shall be subject to rules promulgated 32 under the Illinois Environmental Protection Act. 33 (3) For a livestock management facility or waste SB1199 Enrolled -31- LRB9102177LDmbA 1 handling facility serving 50 or greater but less than 2 1,000 animal units, the minimum setback distance shall be 3 1/4 mile from the nearest occupied non-farmresidence and 4 1/2 mile from the nearest populated area. 5 (4) For a livestock management facility or 6 livestock waste handling facility serving 1,000 or 7 greater but less than 7,000 animal units, the setback is 8 as follows: 9 (A) For a populated area, the minimum setback 10 shall be increased 440 feet over the minimum setback 11 of 1/2 mile for each additional 1,000 animal units 12 over 1,000 animal units. 13 (B) For any occupied residence, the minimum 14 setback shall be increased 220 feet over the minimum 15 setback of 1/4 mile for each additional 1,000 animal 16 units over 1,000 animal units. 17 (5) For a livestock management facility or 18 livestock waste handling facility serving 7,000 or 19 greater animal units, the setback is as follows: 20 (A) For a populated area, the minimum setback 21 shall be 1 mile. 22 (B) For any occupied residence, the minimum 23 setback shall be 1/2 mile. 24 (d) Requirements governing the location of a new 25 livestock management facility and new livestock 26 waste-handling facility and conditions for exemptions or 27 compliance with the maximum feasible location as provided in 28 rules adopted pursuant to the Illinois Environmental 29 Protection Act concerning agriculture regulated pollution 30 shall apply to those facilities identified in subsections (b) 31 and (c) of this Section. With regard to the maximum feasible 32 location requirements, any reference to a setback distance in 33 the rules under the Illinois Environmental Protection Act 34 shall mean the appropriate distance as set forth in this SB1199 Enrolled -32- LRB9102177LDmbA 1 Section. 2 (e) Setback category shall be determined by the design 3 capacity in animal units of the livestock management 4 facility. 5 (f) Setbacks may be decreased when innovative designs as 6 approved by the Department are incorporated into the 7 facility. 8 (g) A setback may be decreased when waivers are obtained 9 from owners of residences that are occupied and located in 10 the setback area. 11 (Source: P.A. 89-456, eff. 5-21-96.) 12 (510 ILCS 77/55) 13 Sec. 55. Rules; Livestock Management Facilities Advisory 14 Committee. 15 (a) There is hereby established a Livestock Management 16 Facilities Advisory Committee, which shall include the 17 Directors of the Department of Agriculture, the Environmental 18 Protection Agency, the Department of Natural Resources, and 19 the Department of Public Health, or their designees. The 20 Director of Agriculture or his or her designee shall serve as 21 the Chair of the Advisory Committee. Members of the Advisory 22 Committee may organize themselves as they deem necessary and 23 shall serve without compensation. 24 (b) The Advisory Committee shall review, evaluate, and 25 make recommendations to the Department of Agriculture for 26 rules necessary for the implementation of this Act. Based 27 upon the recommendations of the Advisory Committee, the 28 Department of Agriculture shall: (i) , within 6 months after29 the effective date of this Act,propose rules to the 30 Pollution Control Board for the implementation of design and 31 construction standards for livestock waste handling 32 facilities as set forth in Sections 13 and 15(a-5) of this 33 Act based upon the standards set forth in the American SB1199 Enrolled -33- LRB9102177LDmbA 1 Society of Agricultural Engineers' Standards, Engineering 2 Practices and Data (ASAE Standards) and future updates, 3 Midwest Plan Service's Concrete Manure Storage Handbook 4 (MWPS-36) and future updates and related supplemental 5 technical documents, the Midwest Plan Service's Livestock 6 Waste Facilities Handbook (MWPS-18) and future updates and 7 related supplemental technical documents or similar standards 8 used by the Natural Resources Conservation Service of the 9 United States Department of Agriculture; and (ii) on and 10 after the effective date of this amendatory Act of 1999, 11 provide public notice in the State newspaper, the Illinois 12 Register, and on the Department's Internet website; hold 13 public hearings during the first notice period; and take 14 public comments and adopt rules pursuant to the Illinois 15 Administrative Procedure Act for all Sections of this Act 16 other than design and construction standards for livestock 17 waste handling facility as set forth in Sections 13 and 18 15(a-5). 19 (c) Within 6 months after the Department of Agriculture20 proposing rules toThe Pollution Control Board , the Board21 shall hold hearings on and adopt rules for the implementation 22 of design and construction standards for livestock waste 23 handling facilities as set forth in Sections 13 and 15(a-5) 24 of this Act in the manner provided for in Sections 27 and 28 25 of the Environmental Protection Act. Rules adopted pursuant 26 to this Section shall take into account all available 27 pollution control technologies and ,shall be technologically 28 feasible and economically reasonable , and may make29 distinctions for the type and size of livestock management30 and livestock management handling facilities and operations. 31 (d) The Advisory Committee shall meet once every 6 32 months after the effective date of this amendatory Act of 33 1997 to review, evaluate, and make recommendations to the 34 Department of Agriculture concerning the Department's random SB1199 Enrolled -34- LRB9102177LDmbA 1 inspection of livestock waste lagoons under Section 16 of 2 this Act. 3 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.) 4 Section 99. Effective date. This Act takes effect July 5 1, 1999.
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