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91st General Assembly
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Public Act 91-0110

SB1199 Enrolled                               LRB9102177LDmbA

    AN ACT to amend the Livestock Management Facilities Act.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Livestock Management Facilities Act is
amended by changing Sections 15, 20, 35, and  55  and  adding
Sections 10.24, 10.26, 11, 12, 12.1, 13, and 18 as follows:

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

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

    (510 ILCS 77/11 new)
    Sec.  11.  Filing  notice  of  intent  to  construct  and
construction data; registration of facilities.
    (a)  An  owner  or operator shall file a notice of intent
to construct for a livestock management facility or livestock
waste  handling  facility  with  the  Department   prior   to
construction  to  establish a base date, which shall be valid
for one year, for determination  of  setbacks  in  compliance
with  setback  distances or, in the case of construction that
is not a new facility, with  the  maximum  feasible  location
requirements of Section 35 of this Act.
    (b)  For  a livestock waste handling facility that is not
subject to Section 12 of this Act, a construction plan of the
waste handling structure with design  specifications  of  the
structure  noted  as prepared by or for the owner or operator
shall be filed with the Department at least 10 calendar  days
prior  to the anticipated dates of construction. Upon receipt
of the notice of intent to construct form or the construction
plan, the Department shall review the documents to  determine
if  all information has been submitted or if clarification is
needed.  The Department shall, within  15  calendar  days  of
receipt   of   a   notice  of  intent  to  construct  or  the
construction  plan,  notify  the  owner  or   operator   that
construction may begin or that clarification is needed.
    (c)  For  a  livestock  waste  handling  facility that is
subject to Section 12 of this Act, a  completed  registration
shall  be filed with the Department at least 37 calendar days
prior  to  the  anticipated  dates  of   construction.    The
registration  shall  include the following:  (i) the name and
address of the owner and  operator  of  the  livestock  waste
handling   facility;   (ii)  a  general  description  of  the
livestock waste handling structure and the type and number of
the  animal  units  of  livestock  it  serves;    (iii)   the
construction plan of the waste handling structure with design
specifications  of  the structure noted as prepared by or for
the  owner  or  operator,  and  (iv)  anticipated  dates   of
construction.   The Department shall, within 15 calendar days
of receipt  of  the  registration  form,  notify  the  person
submitting the form that the registration is complete or that
clarification information is needed.
    (d)  Any  owner or operator who fails to file a notice of
intent to construct  form  or  construction  plans  with  the
Department  prior  to  commencing  construction,  upon  being
discovered   by  the  Department,  shall  be  subject  to  an
administrative hearing by the Department.  The administrative
law judge, upon  determination  of  a  failure  to  file  the
appropriate form, shall impose a civil administrative penalty
in  an  amount  no  more  than  $1,000  and  shall  enter  an
administrative  order  directing  that  the owner or operator
file the appropriate  form  within  10  business  days  after
receiving  notice  from  the Department.  If, after receiving
the administrative law judge's order to file,  the  owner  or
operator   fails  to  file  the  appropriate  form  with  the
Department,   the   Department   shall   impose    a    civil
administrative  penalty  in an amount no less than $1,000 and
no more than $2,500 and shall enter an  administrative  order
prohibiting  the operation of the facility until the owner or
operator is in compliance with this Act. Penalties under this
subsection (d) not paid within 60 days  of  notice  from  the
Department  shall  be  submitted  to  the  Attorney General's
office or an approved private collection agency.

    (510 ILCS 77/12 new)
    Sec.  12.  Public  informational  meeting;  lagoons   and
non-lagoon structures.
    (a)  Beginning  on  the effective date of this amendatory
Act of 1999, within 7 days  after  receiving  a  form  giving
notice  of intent to construct (i) a new livestock management
facility or livestock waste handling facility  serving  1,000
or  more  animal  units  that  does  not propose to utilize a
lagoon or (ii)  a  livestock  waste  management  facility  or
livestock  waste  handling  facility  that  does  propose  to
utilize  a  lagoon,  the  Department shall send a copy of the
notice form to the county board of the county  in  which  the
facility  is  to be located and shall publish a public notice
in a newspaper of  general  circulation  within  the  county.
After   receiving   a  copy  of  the  notice  form  from  the
Department, the county  board  may,  at  its  discretion  and
within  30 days after receipt of the notice, request that the
Department conduct an informational  meeting  concerning  the
proposed  construction  that  is subject to this Section.  In
addition, during the county's 30-day  review  period,  county
residents  may  petition the county board of the county where
the proposed new facility will be located to request that the
Department conduct an informational meeting. When  petitioned
by  75  or  more of the county's residents who are registered
voters, the county board shall request  that  the  Department
conduct  an  informational  meeting.   If  the  county  board
requests   that  the  Department  conduct  the  informational
meeting,  the  Department  shall  conduct  the  informational
meeting within 15 days of the county board's request.  If the
Department conducts such a meeting, it shall cause notice  of
the  meeting  to  be  published  in  a  newspaper  of general
circulation in the county and  in  the  State  newspaper  and
shall  send  a  copy of the notice to the County Board.  Upon
receipt of the notice, the County Board shall post the notice
on the public informational board at the county courthouse at
least 10 days before the meeting.  The owner or operator  who
submitted the notice of intent to construct to the Department
shall  appear at the meeting.  At the meeting, the Department
shall afford members of the  public  an  opportunity  to  ask
questions and present oral or written comments concerning the
proposed construction.
    (b)  The  county  board shall submit at the informational
meeting or within 30 days following the meeting an  advisory,
non-binding   recommendation  to  the  Department  about  the
proposed new facility's construction in accordance  with  the
applicable   requirements   of   this   Act.   The  advisory,
non-binding recommendation shall contain at a minimum:
         (1)  a statement of whether  the  proposed  facility
    achieves  or  fails  to  achieve  each  of  the  8 siting
    criteria as outlined in subsection (d); and
         (2)  a statement of  the  information  and  criteria
    used by the county board in determining that the proposed
    facility  met  or  failed  to  meet  any  of the criteria
    described in subsection (d).
    (c)  When the  county  board  requests  an  informational
meeting,   construction  shall  not  begin  until  after  the
informational meeting  has  been  held,  the  Department  has
reviewed the county board's recommendation and replied to the
recommendation  indicating  if  the  proposed  new  livestock
management  facility  or  the  new  livestock  waste handling
facility is or will be in compliance with the requirements of
the Act, and the owner, operator, or  certified  manager  and
operator  has  received  the  Department's  notice  that  the
setbacks  and  all  applicable  requirements of this Act have
been met.
    (d)  At  the  informational  meeting  for  the   proposed
facility,   the   Department  of  Agriculture  shall  receive
evidence by testimony or otherwise on the following subjects:
         (1)  Whether  registration   and   livestock   waste
    management  plan certification requirements, if required,
    are met by the notice of intent to construct.
         (2)  Whether  the  design,  location,  or   proposed
    operation   will   protect   the   environment  by  being
    consistent with this Act.
         (3)  Whether    the    location    minimizes     any
    incompatibility  with the surrounding area's character by
    being located in any area zoned for agriculture where the
    county has zoning or where the county is not  zoned,  the
    setback requirements established by this Act are complied
    with.
         (4)  Whether   the  facility  is  located  within  a
    100-year  floodplain  or  an  otherwise   environmentally
    sensitive  area (defined as an area of karst area or with
    aquifer material within 5  feet  of  the  bottom  of  the
    livestock    waste   handling   facility)   and   whether
    construction standards set forth in the notice of  intent
    to  construct  are consistent with the goal of protecting
    the safety of the area.
         (5)  Whether the owner  or  operator  has  submitted
    plans  for  operation that minimize the likelihood of any
    environmental damage to the surrounding area from spills,
    runoff, and leaching.
         (6)  Whether odor control plans are  reasonable  and
    incorporate   reasonable  or  innovative  odor  reduction
    technologies   given   the   current   state   of    such
    technologies.
         (7)  Whether traffic patterns minimize the effect on
    existing traffic flows.
         (8)  Whether  construction  or modification of a new
    facility is consistent with  existing  community  growth,
    tourism,  recreation,  or  economic  development  or with
    specific projects involving  community  growth,  tourism,
    recreation,   or  economic  development  that  have  been
    identified  by  government  action  for  development   or
    operation   within   one  year  through  compliance  with
    applicable zoning and setback requirements for  populated
    areas as established by this Act.

    (510 ILCS 77/12.1 new)
    Sec. 12.1.  Final determination.
    (a)  Within  15 calendar days of the close of the comment
period under subsection (b) of  Section  12,  the  Department
shall  determine  if, more likely than not, the provisions of
the Act have been met and shall send notice to the  applicant
and   the  county  board  indicating  that  construction  may
proceed.  If the Department finds that, more likely than not,
the provisions of the Act have not been  met  the  Department
shall  send  notice  to  the  applicant  that construction is
prohibited.
    (a-5)  If   the   Department   finds   that    additional
information  or  that specific changes are needed in order to
assist the  Department  in  making  the  determination  under
subsection  (a)  of  this Section, the Department may request
such information or changes from the owner or operator of the
new livestock waste handling  facility  or  waste  management
facility.
    (b)  If  no informational meeting is held, the Department
shall, within 15 calendar  days  following  the  end  of  the
period  for  the  county  board  to  request an informational
meeting, notify the owner or operator that  construction  may
begin or that clarification is needed.
    (c)  If  the  owner  or  operator of a proposed livestock
management facility  or  livestock  waste  handling  facility
amends the facility plans during the Department's review, the
Department  shall notify the county board, which may exercise
its option of a  public  informational  meeting  pursuant  to
Section 12 of this Act.
    (d)  If the owner or operator of a proposed new livestock
management  or  new  livestock waste handling facility amends
the facility plans during the Department's review process  by
increasing the animal unit capacity of the facility such that
the  required  setback distances will be increased, the owner
or operator shall  submit  a  revised  notice  of  intent  to
construct and comply with applicable provisions of this Act.

    (510 ILCS 77/13 new)
    Sec.  13.  Livestock waste handling facilities other than
earthen  livestock  waste  lagoons;  construction  standards;
certification; inspection; removal-from-service requirements.
    (a)  After the effective date of this amendatory  Act  of
1999,  livestock waste handling facilities other than earthen
livestock waste lagoons used for  the  storage  of  livestock
waste shall be constructed in accordance with this Section.
         (1)  Livestock waste handling facilities constructed
    of  concrete shall meet the strength and load factors set
    forth in  the  Midwest  Plan  Service's  Concrete  Manure
    Storage   Handbook  (MWPS-36)  and  future  updates.   In
    addition,  those  structures  shall  meet  the  following
    requirements:
              (A)  Waterstops shall be incorporated into  the
         design of the storage structure when consistent with
         the   requirements   of   paragraph   (1)   of  this
         subsection;
              (B)  Storage structures that handle waste in  a
         liquid form shall be designed to contain a volume of
         not  less  than the amount of waste generated during
         150 days of facility operation at  design  capacity;
         and
              (C)  Storage    structures   not   covered   or
         otherwise protected  from  precipitation  shall,  in
         addition to the waste storage volume requirements of
         subparagraph   (B)   of   paragraph   (1)   of  this
         subsection, include a 2-foot freeboard.
         (2)  A  livestock  waste  handling  facility  in   a
    prefabricated  form  shall  meet  the strength, load, and
    compatibility  factors  for  its  intended  use.    Those
    factors   shall   be   verified   by  the  manufacturer's
    specifications.
         (3)  Livestock  waste  handling  facilities  holding
    semi-solid livestock waste, including but not limited  to
    picket  dam structures, shall be constructed according to
    the requirements set forth in the Midwest Plan  Service's
    Livestock  Waste Facilities Handbook (MWPS-18) and future
    updates  or  similar  standards  used  by   the   Natural
    Resources  Conservation  Service  of  the  United  States
    Department of Agriculture.
         (4)  Livestock  waste  handling  facilities  holding
    solid  livestock  waste shall be constructed according to
    the requirements set forth in the Midwest Plan  Service's
    Livestock  Waste Facilities Handbook (MWPS-18) and future
    updates  or  similar  standards  used  by   the   Natural
    Resources  Conservation  Service  of  the  United  States
    Department  of Agriculture.  In addition, solid livestock
    waste stacking structures shall be  sized  to  store  not
    less  than  the amount of waste generated during 6 months
    of facility operation at design capacity.
         (5)  Holding ponds used for the temporary storage of
    livestock feedlot run-off shall be constructed  according
    to  the  requirements  set  forth  in  the  Midwest  Plan
    Service's  Livestock  Waste Facilities Handbook (MWPS-18)
    and future updates  or  similar  standards  used  by  the
    Natural  Resources  Conservation  Service  of  the United
    States Department of Agriculture.
    (b)  New livestock management  facilities  and  livestock
waste  handling  facilities  constructed  after the effective
date of this amendatory Act of 1999 shall be subject  to  the
additional  construction requirements and siting prohibitions
provided in this subsection (b).
         (1)  No new non-lagoon livestock management facility
    or livestock waste handling facility may  be  constructed
    within  the  floodway  of  a  100-year  floodplain. A new
    livestock management facility or livestock waste handling
    facility may be  constructed  within  the  portion  of  a
    100-year  floodplain  that is within the flood fringe and
    outside  the  floodway  provided  that  the  facility  is
    designed and constructed to be  protected  from  flooding
    and  meets  the  requirements  set  forth  in the Rivers,
    Lakes, and Streams Act, Section 5-40001 of  the  Counties
    Code,   and   Executive   Order  Number  4  (1979).   The
    delineation of floodplains, floodways, and flood  fringes
    shall  be in compliance with the National Flood Insurance
    Program.  Protection from flooding  shall  be  consistent
    with  the  National  Flood Insurance Program and shall be
    designed so that stored livestock waste  is  not  readily
    removed.
         (2)  A   new  non-lagoon  livestock  waste  handling
    facility constructed in a karst area shall be designed to
    prevent seepage of the stored material  into  groundwater
    in  accordance with ASAE 393.2 or future updates.  Owners
    or operators of proposed facilities should  consult  with
    the  local  soil  and  water  conservation  district, the
    University of Illinois Cooperative Extension Service,  or
    other  local,  county,  or  State  resources  relative to
    determining the possible  presence  or  absence  of  such
    areas.  Notwithstanding  the  other  provisions  of  this
    paragraph   (2),   after   the  effective  date  of  this
    amendatory Act of 1999,  no  non-lagoon  livestock  waste
    handling  facility  may be constructed within 400 feet of
    any natural depression in a karst area formed as a result
    of subsurface removal of soil or rock materials that  has
    caused  the formation of a collapse feature that exhibits
    internal drainage.  For the purposes  of  this  paragraph
    (2),  the  existence  of  such  a natural depression in a
    karst area shall be indicated  by  the  uppermost  closed
    depression   contour   lines  on  a  USGS  7  1/2  minute
    quadrangle topographic map or as determined by Department
    field investigation in a karst area.
         (3)  A  new  non-lagoon  livestock  waste   handling
    facility constructed in an area where aquifer material is
    present within 5 feet of the bottom of the facility shall
    be  designed  to  ensure  the structural integrity of the
    containment structure  and  to  prevent  seepage  of  the
    stored  material to groundwater.  Footings and underlying
    structure support shall be incorporated into  the  design
    standards of the storage structure in accordance with the
    requirements  of  Section  4.1 of the American Society of
    Agricultural Engineers (ASAE) EP 393.2 or future updates.
    (c)  A livestock waste handling facility owner  may  rely
on  guidance  from  the  local  soil  and  water conservation
district, the Natural Resources Conservation Service  of  the
United States Department of Agriculture, or the University of
Illinois  Cooperative  Extension  Service  for  soil type and
associated information.
    (d)  The standards in subsections (a) and (b) shall serve
as  interim  construction  standards  until  such   time   as
permanent  rules  promulgated  pursuant to Section 55 of this
Act become effective.  In addition, the  Department  and  the
Board  shall utilize the interim standards in subsections (a)
and (b) as a basis for  the  development  of  such  permanent
rules.
    (e)  The  owner  or  operator  of  a livestock management
facility or livestock waste handling facility may,  with  the
approval  of the Department, elect to exceed the strength and
load requirements as set forth in this Section.
    (f)  The owner or  operator  of  a  livestock  management
facility  or livestock waste handling facility shall send, by
certified  mail  or  in   person,   to   the   Department   a
certification   of   compliance   together   with  copies  of
verification documents upon completion  of  construction.  In
the  case of structures constructed with the design standards
used by the Natural Resources  Conservation  Service  of  the
United States Department of Agriculture, copies of the design
standards  and  a  statement  of  verification  signed  by  a
representative of the United States Department of Agriculture
shall  accompany  the  owner's or operator's certification of
compliance.  The certification shall state that the structure
meets or exceeds the requirements in subsection (a)  of  this
Section.  A $250 filing fee shall accompany the statement.
    (g)  The  Department  shall inspect the construction site
prior to construction, during  construction,  and  within  10
business  days  following  receipt  of  the  certification of
compliance to  determine  compliance  with  the  construction
standards.
    (h)  The   Department  shall  require  modification  when
necessary to bring the construction into compliance with  the
standards  set  forth in this Section.  The person making the
inspection  shall  discuss  with  the  owner,  operator,   or
certified  livestock  manager  an evaluation of the livestock
waste handling facility construction and  shall  (i)  provide
on-site  written  recommendations  to the owner, operator, or
certified  livestock  manager  of  what   modifications   are
necessary  or  (ii)  inform the owner, operator, or certified
livestock manager that the facility meets the  standards  set
forth  in  this  Section.   On the day of the inspection, the
person making the inspection shall give the owner,  operator,
or  certified  livestock manager a written report of findings
based on the  inspection  together  with  an  explanation  of
remedial  measures  necessary  to  enable the livestock waste
handling facility to meet the standards  set  forth  in  this
Section.  The Department shall, within 5 business days of the
date  of  inspection,  send an official written notice to the
owner or operator of the livestock waste handling facility by
certified mail, return receipt requested, indicating that the
facility meets the standards set forth  in  this  Section  or
identifying  the  remedial  measures  necessary to enable the
livestock waste handling facility to meet the  standards  set
forth  in  this Section.  The owner or operator shall, within
10 business days of receipt of an official written notice  of
deficiencies,   contact   the   Department   to  develop  the
principles of an  agreement  of  compliance.   The  owner  or
operator  and the Department shall enter into an agreement of
compliance setting forth the specific changes to be  made  to
bring  the  construction  into  compliance with the standards
required under this Section.  If an agreement  of  compliance
cannot  be  achieved, the Department shall issue a compliance
order to the owner or operator outlining the specific changes
to be made to bring the construction into compliance with the
standards required under this Section.  The owner or operator
can  request  an  administrative  hearing  to   contest   the
provisions of the Department's compliance order.
    (j)  If any owner or operator operates in violation of an
agreement   of  compliance,  the  Department  shall  seek  an
injunction in circuit court to prohibit the operation of  the
facility   until   construction   and  certification  of  the
livestock waste handling facility are in compliance with  the
provisions of this Section.
    (k)  When  any livestock management facility not using an
earthen livestock waste lagoon is removed from  service,  the
accumulated  livestock  waste  remaining  within the facility
shall be removed and applied to land at rates consistent with
a waste management plan for the  facility.   Removal  of  the
waste  shall  occur within 12 months after the date livestock
production at the facility ceases.  In addition, the owner or
operator shall make provisions to prevent the accumulation of
precipitation within the livestock waste  handling  facility.
Upon  completion  of  the  removal  of  manure,  the owner or
operator of the facility shall notify the Department that the
facility is being removed  from  service  and  the  remaining
manure  has  been  removed.   The Department shall conduct an
inspection of  the  livestock  waste  handling  facility  and
inform the owner or operator in writing that the requirements
imposed  under  this  subsection  (k)  have  been met or that
additional actions are necessary.  Commencement of operations
at a facility that has livestock  shelters  left  intact  and
that  has  completed  the  requirements  imposed  under  this
subsection  (k)  and  that  has  been operated as a livestock
management facility or livestock waste handling facility  for
4 consecutive months at any time within the previous 10 years
shall   not   be  considered  a  new  or  expanded  livestock
management  or  waste  handling  facility.   A  new  facility
constructed after May 21, 1996 that  has  been  removed  from
service  for  a period of 2 or more years shall not be placed
back into service prior to an  inspection  of  the  livestock
waste  handling  facility  and receipt of written approval by
the Department.

    (510 ILCS 77/15)
    Sec. 15. Livestock waste lagoon.
    (a)  Standards for livestock waste  lagoon  construction.
Any  earthen  livestock  waste lagoon subject to registration
shall be constructed or modified in accordance  with  "Design
of Anaerobic Lagoons for Animal Waste Management" promulgated
by  the  American  Society  of  Agricultural Engineers or the
national  guidelines  as  published  by  the  United   States
Department   of  Agriculture  Natural  Resource  Conservation
Service in Illinois and titled Waste Treatment  Lagoon.   The
owner  or  operator of the earthen livestock lagoon may, with
approval  from  the  Department,  modify  or   exceed   these
standards   in   order  to  meet  site  specific  objectives.
Notwithstanding any other  requirement  of  this  subsection,
every  earthen    livestock  waste  lagoon  shall include the
construction  of  a  secondary  berm,  filter  strip,   grass
waterway,  or  terrace,  or any combination of those, outside
the perimeter of the primary berm  if  an  engineer  licensed
under  the  Professional Engineering Practice Act of 1989 and
retained by the registrant determines, with  the  concurrence
of the Department, that construction of such a secondary berm
or  other feature or features is necessary in order to ensure
against a release of livestock waste from the lagoon (i) that
encroaches or is reasonably expected to  encroach  upon  land
other  than the land occupied by the livestock waste handling
facility  of  which the  lagoon is a part or (ii) that enters
or is  reasonably expected to enter the waters of this State.
The  Department  shall  determine   compliance   with   these
requirements.   The  Department may require changes in design
or additional requirements to protect  groundwater,  such  as
extra  liner  depth  or  synthetic  liners,  when  it appears
groundwater could be impacted.
    (a-5)  New earthen livestock  waste  lagoons  constructed
after the effective date of this amendatory Act of 1999 shall
be subject to additional construction requirements and siting
prohibitions as provided in this subsection (a-5).
         (1)  No  new  earthen  livestock waste lagoon may be
    constructed within the floodway of a 100-year floodplain.
    A new earthen livestock waste lagoon may  be  constructed
    within  the  portion  of  a  100-year  floodplain that is
    within the flood fringe and outside the floodway provided
    that the facility is designed  and  constructed  so  that
    livestock  waste  is  not readily removed during flooding
    and meets the  requirements  set  forth  in  the  Rivers,
    Lakes,  and  Streams Act, Section 5-40001 of the Counties
    Code,  and  Executive  Order  Number   4   (1979).    The
    delineation  of floodplains, floodways, and flood fringes
    shall be in compliance with the National Flood  Insurance
    Program.
         (2)  A    new   earthen   livestock   waste   lagoon
    constructed in a karst area shall be designed to  prevent
    seepage of the stored material to groundwater.  Owners or
    operators  of  proposed facilities shall consult with the
    local  soil  and   water   conservation   district,   the
    University  of Illinois Cooperative Extension Service, or
    other local,  county,  or  State  resources  relative  to
    determining  the  possible  presence  or  absence of such
    areas.  Notwithstanding  the  other  provisions  of  this
    paragraph   (2),   after   the  effective  date  of  this
    amendatory Act of 1999, no earthen livestock waste lagoon
    may  be  constructed  within  400  feet  of  any  natural
    depression  in  a  karst  area  formed  as  a  result  of
    subsurface removal of soil or  rock  materials  that  has
    caused  the formation of a collapse feature that exhibits
    internal drainage.  For the purposes  of  this  paragraph
    (2),  the existence of such natural depression in a karst
    area  shall  be  indicated  by   the   uppermost   closed
    depression   contour   lines  on  a  USGS  7  1/2  minute
    quadrangle topographic map or as determined by Department
    field investigation in a karst area.
    (b)  Registration   and   certification.   Any    earthen
livestock  waste  lagoon  newly constructed or modified (does
not include  repairs)  after  the  effective  date  of  rules
adopted   for   the  implementation  of  this  Act  shall  be
registered by the owner or operator with the Department on  a
form  provided  by the Department.  Lagoons constructed prior
to the effective date of rules adopted for the implementation
of this Act may register with the Department at no charge.
    In order to give the Department notice of the owner's  or
operator's intent to construct or modify an earthen livestock
waste  lagoon,  the  owner  or  operator  shall register such
lagoon with the Department during the preconstruction  phase.
Construction shall not begin until 30 days after submittal of
a  registration  form  by  certified  mail to the Department.
When an informational meeting is  requested  by  the  county,
construction  shall  not  begin until after the informational
meeting has been held.
    Livestock waste lagoon registration forms shall  be  made
available  to  producers  at  offices  of  the  Department of
Agriculture, Cooperative  Extension  Service,  and  Soil  and
Water Conservation Districts.
    Registration information shall include the following:
         (1)  Name(s)   and  address(es)  of  the  owner  and
    operator who are  responsible  for  the  livestock  waste
    lagoon.
         (2)  General location of lagoon.
         (3)  Design construction plans and specifications.
         (4)  Specific location information:
              (A)  Distance  to  a  private or public potable
         well;
              (B)  Distance  to  closest   occupied   private
         residence  (other  than  any  occupied  by  owner or
         operator);
              (C)  Distance to nearest stream; and
              (D)  Distance to nearest populated area.
         (5)  Anticipated  beginning  and  ending  dates   of
    construction.
         (6)  Type of livestock and number of animal units.
    The Department of Agriculture upon receipt of a livestock
waste  lagoon  registration  form  shall  review  the form to
determine that all required information  has  been  provided.
The  person  filing the registration shall be notified within
15 working days that the registration  is  complete  or  that
clarification  of  information  is  needed.  No later than 10
working days after receipt of the clarification  information,
the  Department  shall  notify the owner or operator that the
registration is complete.
    The Department shall inspect an earthen  livestock  waste
lagoon     during    preconstruction,    construction,    and
post-construction.     The    Department    shall     require
modifications   when   necessary  to  bring  construction  in
compliance with the standards as set forth in subsection  (a)
of  Section  15.     The  person  making the inspection shall
discuss with the  owner,  operator,  or  certified  livestock
manager   an   evaluation   of  the  livestock  waste  lagoon
construction  and   shall   (i)   provide   on-site   written
recommendations   to   the   owner,  operator,  or  certified
livestock manager of what modifications are necessary or (ii)
inform the owner, operator, or  certified  livestock  manager
that  the  lagoon meets the standards set forth in subsection
(a) of Section 15. On the day of the inspection,  the  person
making  the  inspection  shall  give  the owner, operator, or
certified livestock manager a written report of  his  or  her
findings   based   on   the   inspection,  together  with  an
explanation of any remedial measures necessary to enable  the
lagoon to meet the standards set forth in subsection (a).
    The  person  making  any  inspection  shall  comply  with
reasonable  animal  health protection procedures as requested
by the owner, operator, or certified livestock manager.
    Upon completion of the construction or modification,  but
prior to placing the lagoon in service, the owner or operator
of  the  livestock  waste  lagoon  shall  certify  on  a form
provided  by  the  Department  that  the  lagoon   has   been
constructed  or modified in accordance with the standards set
forth  in  subsection  (a)  of  Section  15  and   that   the
information provided on the registration form is correct.
         (1)  The  certification  notice  to  the  Department
    shall include a  certification statement and signature.
         (2)  The   certification   shall  state:  "I  hereby
    certify that the information provided  on  this  form  is
    correct  and  that  the  lagoon  has  been constructed in
    accordance  with  the  standards  as  required   by   the
    Livestock Management Facilities Act."
    Within  10  business days of receipt of the certification
of compliance, the Department shall inspect the lagoon  site.
The  Department  shall, within 5 business days of the date of
inspection, send an  official  written  notice  by  certified
mail,  return  receipt requested, to the owner or operator of
the facility indicating that all  the  requirements  of  this
Section have been met or that deficiencies exist that must be
corrected prior to the completion of the  lagoon registration
process  and  the  placement  of the lagoon into service. The
owner or operator of the lagoon  may  proceed  to  place  the
lagoon  in  service  after receipt of the Department's notice
that all the requirements of this Section have  been  met  no
earlier   than  10  working  days  after  submitting  to  the
Department a certification of compliance statement.
    (b-5) Public informational meeting.  Within 7 days  after
receiving  a  registration form giving notice of an intent to
construct or modify an  earthen livestock waste lagoon  after
the    effective  date  of  this  amendatory Act of 1997, the
Department shall send a  copy of the registration form to the
county board of the county in which the  lagoon is or  is  to
be  located.  After receiving a copy of a lagoon registration
form from the Department under  this  subsection,  within  30
days  the county board may at its discretion request that the
Department conduct a public informational meeting  within  15
days  of the request concerning the proposed  construction or
modification of the lagoon.  If the Department conducts  such
a  meeting,  then  at  least 10 days before the  meeting, the
Department shall cause notice of the meeting to be  published
in  a  newspaper  of general circulation in the county or the
State newspaper.  The owner or  operator  who  submitted  the
registration  form  to  the  Department  shall  appear at the
meeting.  At the meeting, the Department shall afford members
of  the public an opportunity to ask  questions  and  present
oral   or   written   testimony   concerning   the   proposed
construction or modification of the lagoon.
    (c)  Complaint  procedure.  Any person having a complaint
concerning an earthen  livestock  waste  lagoon  may  file  a
complaint   with  the  Agency.   If  the  Agency  finds  that
groundwater  has  been   negatively   impacted   because   of
structural problems with the earthen lagoon, the Agency shall
notify  the  Department  that  modification  of the lagoon is
necessary. The livestock owner or operator or the  Department
may  request  guidance  from  the United States Department of
Agriculture Natural  Resource  Conservation  Service  or  the
University of Illinois Cooperative Extension Service.
    The person making any inspection shall comply with animal
health  protection  procedures  as  requested by the owner or
operator.
    Any earthen livestock waste lagoon in  service  prior  to
the  effective  date  of the rules for implementation of this
Act is not subject to registration but is only subject to the
complaint  procedure.   However,  any  such  livestock  waste
lagoon found impacting groundwater shall be  required  to  be
repaired,   modified,   or   have  procedures  instituted  so
groundwater is not negatively impacted.
    If  an  investigation  reveals   groundwater   has   been
negatively   impacted,   the   Department  and  Agency  shall
cooperate  with  the  owner  or  operator  of  the   affected
livestock  waste  lagoon  to provide a reasonable solution to
protect the groundwater.
    Nothing  in  this  Section  shall  limit   the   Agency's
authority   under   the   Environmental   Protection  Act  to
investigate and respond to violations  of  the  Environmental
Protection Act or rules adopted under that Act.
    (d)  Livestock   waste   lagoon  registration  fee.   The
livestock waste lagoon registration fee is $250 $50.
    (d-5)  Reporting release of waste.  An owner or  operator
of  a  lagoon    shall  report  to  the Agency any release of
livestock waste from a  lagoon  within  24  hours  after  the
discovery  of  the  release.   The  procedure  for  reporting
releases shall be adopted by the Agency by rule.
    For  a  first  violation  of this subsection (d-5) by the
owner or operator  of  a  livestock  management  facility  or
livestock  waste handling facility, the Department shall send
the owner or operator a written notice of  the  violation  by
certified mail, return receipt requested.
    If  after  an administrative hearing the Department finds
that the owner or operator of a livestock management facility
or livestock waste handling facility has committed  a  second
violation  of  this  subsection  (d-5),  the Department shall
impose on  the  owner  or  operator  a  civil  administrative
penalty  in  an  amount  not  exceeding $1,000.  The Attorney
General may bring an action in the circuit court  to  enforce
the  collection  of  a  penalty imposed under this subsection
(d-5).
    If after an administrative hearing the  Department  finds
that the owner or operator of a livestock management facility
or  livestock  waste  handling facility has committed a third
violation of this  subsection  (d-5),  the  Department  shall
enter  an  administrative  order  directing that the owner or
operator cease operation of the facility until the  violation
is corrected.
    If  a  livestock  management  facility or livestock waste
handling facility has  not  committed  a  violation  of  this
subsection  (d-5)  within the 5 years immediately preceding a
violation, the violation shall be construed and treated as  a
first violation.
    (e)  Closure of livestock waste lagoons. When any earthen
livestock  waste  lagoon is removed from service, it shall be
completely emptied.  Appropriate closure procedures shall  be
followed  as  determined by rule.  The remaining hole must be
filled.  The closure requirements shall be  completed  within
two  years from the date of cessation of operation unless the
lagoon is maintained or serviced.  The Department may grant a
waiver to the before-stated closure  requirements  that  will
permit the lagoon to be used for an alternative purpose.
    Upon  a  change  in  ownership  of  a  registered earthen
livestock waste lagoon, the owner shall notify the Department
of the change within 30 working days of the  closing  of  the
transaction.
    (f)  Administrative   authority.   All   actions  of  the
Department  of  Agriculture  are  subject  to  the   Illinois
Administrative Procedure Act.
    Any   earthen   livestock   waste   lagoon   subject   to
registration  shall  not  begin  operation until the owner or
operator of the lagoon has met the requirements of this Act.
    The owner or operator  of  any  earthen  livestock  waste
lagoon  subject  to registration that has not been registered
or constructed in accordance  with  standards  set  forth  in
subsection  (a) of Section 15 shall, upon being identified as
such by the  Department,  be  given  written  notice  by  the
Department  to  register  and  certify  the  lagoon within 10
working days of receipt of the notice.   The  Department  may
inspect such lagoon and require compliance in accordance with
subsections  (a)  and  (b)  of  this Section. If the owner or
operator of the livestock waste lagoon  that  is  subject  to
registration  fails to comply with the notice, the Department
may issue a  cease  and  desist  order  until  such  time  as
compliance  is  obtained  with  the requirements of this Act.
Failure to  construct  the  lagoon  in  accordance  with  the
construction   plan   and  Department  recommendations  is  a
business offense punishable  by  a  fine  of  not  more  than
$5,000.
(Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)

    (510 ILCS 77/18 new)
    Sec. 18.  Reporting release of waste.
    (a)  An  owner  or operator of a livestock waste handling
facility shall report to the Agency any release of  livestock
waste  from  a  livestock waste handling facility or from the
transport of livestock waste within 24 hours after  discovery
of  the release.  Reporting shall not be required in the case
of a release of less than 25 gallons that is not released  to
the  waters  of  the State or from a controlled and recovered
release during field application.  For the purposes  of  this
subsection  (a),  waters  of  the  State do not include small
temporary accumulations of surface water  from  precipitation
or  irrigation systems.  The procedure for reporting releases
shall be adopted by the Agency by rule.
    (b)  For a first violation of failing to report a release
by the owner  or  operator  of  a  livestock  waste  handling
facility,   the   Department  shall  hold  an  administrative
hearing.  If, after an administrative hearing, the Department
finds that an owner or operator of a livestock waste handling
facility  has  violated  subsection  (a)  of  this  Act,  the
Department shall assess a fine not exceeding $1,000.
    (c)  For a  second  violation  of  failing  to  report  a
release  by  the  owner  or  operator  of  a  livestock waste
handling facility within  a  5-year  period,  the  Department
shall   hold   an  administrative  hearing.   If,  after  the
administrative hearing, the Department finds that  the  owner
or  operator  of  a  livestock  waste  handling  facility has
committed a second violation of failing to report  a  release
within  a  5-year  period, the Department shall impose on the
owner or operator an administrative penalty in an amount  not
exceeding  $2,500.   The Attorney General may bring an action
in the circuit court to enforce the collection of  a  penalty
imposed for failing to report a release.
    (d)  For  a  third  or subsequent violation of failing to
report a release by the owner  or  operator  of  a  livestock
waste   handling   facility   within  a  5-year  period,  the
Department shall hold an administrative hearing.   If,  after
the  administrative  hearing,  the  Department finds that the
owner or operator of a livestock waste handling facility  has
committed  a  third  or  subsequent  violation  of failing to
report a release within a 5-year period, the Department shall
impose on the owner or operator an administrative penalty  in
an  amount  not exceeding $5,000 and shall seek an injunction
in the circuit court through  the  Attorney  General  of  the
State  of Illinois.  The Attorney General may bring action in
the circuit court to enforce  the  collection  of  a  penalty
imposed for failing to report a release.
    (e)  If  the  owner  or  operator  of  a  livestock waste
handling facility has not committed a violation of failing to
report a release within the 5 years immediately  preceding  a
violation,  a  violation shall be considered and treated as a
first violation.

    (510 ILCS 77/20)
    Sec. 20.  Handling, storing and  disposing  of  livestock
waste.
    (a)  The  livestock management facility owner or operator
shall comply with the requirements for handling, storing, and
disposing of livestock wastes  as  set  forth  in  the  rules
adopted pursuant to the Illinois Environmental Protection Act
concerning agriculture related pollution.
    (b)  The  livestock management facility owner or operator
at a facility of less than 1,000 animal units  shall  not  be
required to prepare and maintain a waste management plan.
    (c)  The  livestock management facility owner or operator
at a facility of 1,000 or greater animal units but less  than
5,000  7,000  animal units shall prepare and maintain on file
at  the  livestock  management  facility  a   general   waste
management   plan.    Notwithstanding   this  requirement,  a
livestock management facility subject to this subsection  may
be  operated  on  an interim basis but not to exceed 6 months
after the effective date of the rules promulgated pursuant to
this Act to allow for the owner or operator of  the  facility
to  develop  a  waste  management plan.  The waste management
plan shall be available for inspection during normal business
hours by Department personnel.
    (d)  The livestock management facility owner or  operator
at  a  facility  of 5,000 7,000 or greater animal units shall
prepare, maintain, and submit to  the  Department  the  waste
management   plan   for   approval.  Approval  of  the  waste
management  plan  shall  be  predicated  on  compliance  with
provisions of subsection (f). The waste management plan shall
be  approved  by  the  Department  before  operation  of  the
facility or in the case of an existing  facility,  the  waste
management  plan  shall  be  submitted within 60 working days
after the effective date of the rules promulgated pursuant to
this Act.
    The owner or operator of an existing livestock management
facility that through growth meets  or  exceeds  5,000  7,000
animal  units  shall  file its waste management plan with the
Department within 60 working days after reaching  the  stated
animal units.
    The  owner or operator of a livestock management facility
that is subject to this subsection (d) shall file  within  60
working  days  with the Department a revised waste management
plan when there  is  a  significant  change  as  provided  in
subsection  (e) of this Section in items (1), (2), or (10) of
subsection (f) that will materially  affect  compliance  with
the waste management plan.
    (d-5)  The   owner  or  operator  of  multiple  livestock
management facilities under common facility  ownership  where
the cumulative animal units of the facilities are equal to or
greater   than  the  animal  unit  numbers  provided  for  in
subsection (c) of this Section shall prepare and keep on file
at each facility a waste management plan in  accordance  with
the requirements of subsection (c).  The owner or operator of
multiple  livestock  management  facilities  that  are  under
common  facility  ownership where the cumulative animal units
of the facilities are equal to or  greater  than  the  animal
unit  numbers  provided for in subsection (d) of this Section
shall prepare and file with the Department a waste management
plan in accordance with the  provisions  of  subsection  (d).
Cumulative  animal units shall be determined by combining the
animal units  of  multiple  livestock  management  facilities
under  the  common  facility  ownership based upon the design
capacity  of  each  facility.   For  the  purposes  of   this
subsection (d-5), "under common facility ownership" means the
same  person  or persons own, directly or indirectly, through
majority owned business entities at least 51% of  any  person
or  persons (as defined by Section 10.55) that own or operate
the livestock management facility or livestock waste handling
facility located in the State of Illinois.
    (e)  The owner or  operator  of  a  livestock  management
facility shall update the waste management plan when there is
a  change  in  values  shown  in  the  plan under item (1) of
subsection (f) of this Section. The waste management plan and
records of livestock waste disposal shall be kept on file for
three years.
    (f)  The application of livestock waste to the land is an
acceptable,  recommended,   and   established   practice   in
Illinois.   However, when livestock waste is not applied in a
responsible manner, it may create pollutional problems.    It
should  be  recognized  that  research  relative to livestock
waste application based on livestock waste  nutrient  content
is   currently   ongoing.    The   Dean  of  the  College  of
Agricultural, Consumer  and  Environmental  Sciences  at  the
University  of  Illinois,  or  his  or  her  designee,  shall
annually  report  to  the Advisory Committee on the status of
phosphorus  research,  including  research  that   has   been
supported  in  whole  or  in part by the Council for Food and
Agricultural  Research.   The  Advisory  Committee  may  also
consult with  other  appropriate  research  entities  on  the
status  of  phosphorus research.  It is considered acceptable
to prepare and implement a waste management plan based  on  a
nitrogen  rate,  unless otherwise restricted by this Section.
It should be recognized that, in most cases, if the agronomic
nitrogen rate is met, the phosphorus applied will exceed  the
crop  requirements,  but  not  all  of  the phosphorus may be
available for  use  by  the  crop.   It  will  be  considered
acceptable,  therefore,  to  prepare  and  implement  a waste
management  plan  based  on  the  nitrogen  rate.  The  waste
management plan shall include the following:
         (1)  An estimate of the volume of livestock waste to
    be disposed of  annually,  which  shall  be  obtained  by
    multiplying  the  design  capacity of the facility by the
    appropriate amount of waste  generated  by  the  animals.
    The values showing the amount of waste generated in Table
    2-1,  Midwest  Plan  Service's,  MWPS-18, Livestock Waste
    Management Facilities Handbook or Design Criteria for the
    field application  of  livestock  waste  adopted  by  the
    Agency may be used.
         (2)  The  number  of acres available for disposal of
    the waste,  whether  they  are  owned  by  the  owner  or
    operator  of  the  livestock waste management facility or
    are shown to be contracted with another person or persons
    for disposal of waste.
         (3)  An estimate of the nutrient value of the waste.
    The owner or operator may prepare  a  plan  based  on  an
    average  of  the minimum and maximum numbers in the table
    values derived  from  Midwest  Plan  Service's,  MWPS-18,
    Livestock   Waste   Facilities   Handbook,  the  Agency's
    Agriculture Related Pollution regulations, or the results
    of analysis performed  on  samples  of  waste.   For  the
    purposes of compliance with this subsection, the nutrient
    values  of  livestock  waste may vary as indicated in the
    source table.   In  the  case  of  laboratory  analytical
    results,  the  nutrient values may vary with the accuracy
    of the analytical method.
         (3.5)  Results of the Bray P1 or  Mehlich  test  for
    soil   phosphorus   reported   in   pounds  of  elemental
    phosphorus per acre.  Soil samples shall be obtained  and
    analyzed  from  the livestock waste application fields on
    land owned or under the control of the owner or  operator
    where  applications  are planned.  Fields where livestock
    waste is applied shall be sampled every 3 years. Sampling
    procedures, such as the number of samples and  the  depth
    of  sampling,  as  outlined in the current edition of the
    Illinois Agronomy Handbook shall be  followed  when  soil
    samples are obtained.
         (3.6)  If the average Bray P1 or Mehlich test result
    for soil phosphorus calculated from samples obtained from
    the  application field is 300 pounds or less of elemental
    phosphorus per acre, livestock waste may continue  to  be
    applied  to  that field in accordance with subsection (f)
    of this Section.  If the average Bray P1 or Mehlich  test
    result  for  soil  phosphorus for an application field is
    greater than 300 pounds of elemental phosphorus per acre,
    the owner or operator shall apply livestock waste at  the
    phosphorus rate to the field until the average Bray P1 or
    Mehlich  test for soil phosphorus indicates there is less
    than 300 pounds of elemental phosphorus  per  acre.  Upon
    the  development  of  a phosphorus index that is approved
    subject to the provisions established in  Section  55  of
    this  Act,  the owner or operator shall use such index in
    lieu of the 300 pounds of elemental phosphorus per acre.
         (4)  An indication that the livestock waste will  be
    applied  at  rates  not  to exceed the agronomic nitrogen
    demand of the crops to be  grown  when  averaged  over  a
    5-year period.
         (5)  A provision that livestock waste applied within
    1/4  mile of any residence not part of the facility shall
    be injected or incorporated on the  day  of  application.
    However,  livestock  management  facilities and livestock
    waste handling facilities that have irrigation systems in
    operation prior to the effective  date  of  this  Act  or
    existing  facilities  applying waste on frozen ground are
    not subject to the provisions of this item (5).
         (6)  A provision that livestock  waste  may  not  be
    applied within 200 feet of surface water unless the water
    is  upgrade  or  there is adequate diking, and waste will
    not be applied within 150 feet of  potable  water  supply
    wells.
         (7)  A  provision  that  livestock  waste may not be
    applied in a 10-year flood plain unless the injection  or
    incorporation method of application is used.
         (8)  A  provision  that  livestock  waste may not be
    applied in waterways.
         (9)  A provision that if waste is spread  on  frozen
    or  snow-covered land, the application will be limited to
    land areas on which:
              (A)  land slopes are 5% or less, or
              (B)  adequate erosion control practices exist.
         (10)  Methods for disposal of animal waste.
    (g)  Any person who is required to prepare and maintain a
waste management plan and who fails to do so shall be  issued
a  warning  letter  by the Department for the first violation
and shall be  given  30  working  days  to  prepare  a  waste
management plan.  For failure to prepare and maintain a waste
management  plan, the person shall be fined an administrative
penalty of up to  $1,000  by  the  Department  and  shall  be
required  to enter into an agreement of compliance to prepare
and maintain a waste management plan within 30 working  days.
For  failure  to prepare and maintain a waste management plan
after the second 30 day period or for failure to enter into a
compliance agreement, the Department may issue an operational
cease and desist order until compliance is attained.
(Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)

    (510 ILCS 77/35)
    Sec. 35.  Setbacks for livestock management and livestock
handling facilities.
    (a)  Grandfather provision; facilities in existence prior
to  July  15,  1991.  Livestock  management  facilities   and
livestock  waste  handling  facilities  in existence prior to
July 15, 1991 shall comply with setbacks in  existence  prior
to  July 15, 1991, as set forth in the Illinois Environmental
Protection Act and rules promulgated under that Act.
    (b)  Grandfather provision; facilities  in  existence  on
effective date and after July 15, 1991.  Livestock management
facilities   and   livestock  waste  handling  facilities  in
existence on the effective date of this Act  but  after  July
15, 1991 shall comply with setbacks in existence prior to the
effective  date  of  this  Act,  as set forth in the Illinois
Environmental Protection Act and rules promulgated under that
Act.
    (c)  New livestock management or livestock waste handling
facilities. Any new facility shall comply with the  following
setbacks:
         (1)  For  purposes of determining setback distances,
    minimum distances shall  be  measured  from  the  nearest
    corner  of  the  residence or place of common assembly to
    the  nearest  corner  of  the  earthen  waste  lagoon  or
    livestock management facility, whichever is closer.
         (2)  A livestock management  facility  or  livestock
    waste  handling  facility    serving  less than 50 animal
    units shall be exempt from setback distances as set forth
    in this Act but shall be  subject  to  rules  promulgated
    under the Illinois Environmental Protection Act.
         (3)  For  a  livestock  management facility or waste
    handling facility serving 50 or  greater  but  less  than
    1,000 animal units, the minimum setback distance shall be
    1/4 mile from the nearest occupied non-farm residence and
    1/2 mile from the nearest populated area.
         (4)  For   a   livestock   management   facility  or
    livestock  waste  handling  facility  serving  1,000   or
    greater  but less than 7,000 animal units, the setback is
    as follows:
              (A)  For a populated area, the minimum  setback
         shall be increased 440 feet over the minimum setback
         of  1/2  mile for each additional 1,000 animal units
         over 1,000 animal units.
              (B)  For any occupied  residence,  the  minimum
         setback shall be increased 220 feet over the minimum
         setback of 1/4 mile for each additional 1,000 animal
         units over 1,000 animal units.
         (5)  For   a   livestock   management   facility  or
    livestock  waste  handling  facility  serving  7,000   or
    greater animal units, the setback is as follows:
              (A)  For  a populated area, the minimum setback
         shall be 1 mile.
              (B)  For any occupied  residence,  the  minimum
         setback shall be 1/2 mile.
    (d)  Requirements   governing   the  location  of  a  new
livestock   management    facility    and    new    livestock
waste-handling  facility  and  conditions  for  exemptions or
compliance with the maximum feasible location as provided  in
rules   adopted   pursuant   to  the  Illinois  Environmental
Protection Act  concerning  agriculture  regulated  pollution
shall apply to those facilities identified in subsections (b)
and (c) of this Section.  With regard to the maximum feasible
location requirements, any reference to a setback distance in
the  rules  under  the  Illinois Environmental Protection Act
shall mean the appropriate distance  as  set  forth  in  this
Section.
    (e)  Setback  category  shall be determined by the design
capacity  in  animal  units  of  the   livestock   management
facility.
    (f)  Setbacks may be decreased when innovative designs as
approved   by   the  Department  are  incorporated  into  the
facility.
    (g)  A setback may be decreased when waivers are obtained
from owners of residences that are occupied  and  located  in
the setback area.
(Source: P.A. 89-456, eff. 5-21-96.)

    (510 ILCS 77/55)
    Sec. 55.  Rules; Livestock Management Facilities Advisory
Committee.
    (a)  There  is  hereby established a Livestock Management
Facilities  Advisory  Committee,  which  shall  include   the
Directors of the Department of Agriculture, the Environmental
Protection  Agency,  the Department of Natural Resources, and
the Department of Public Health, or  their  designees.    The
Director of Agriculture or his or her designee shall serve as
the Chair of the Advisory Committee.  Members of the Advisory
Committee  may organize themselves as they deem necessary and
shall serve without compensation.
    (b)  The Advisory Committee shall review,  evaluate,  and
make  recommendations  to  the  Department of Agriculture for
rules necessary for the implementation of  this  Act.   Based
upon  the  recommendations  of  the  Advisory  Committee, the
Department of Agriculture shall: (i), within 6  months  after
the  effective  date  of  this  Act,  propose  rules  to  the
Pollution  Control Board for the implementation of design and
construction   standards   for   livestock   waste   handling
facilities as set forth in Sections 13 and  15(a-5)  of  this
Act  based  upon  the  standards  set  forth  in the American
Society of  Agricultural  Engineers'  Standards,  Engineering
Practices  and  Data  (ASAE  Standards)  and  future updates,
Midwest  Plan  Service's  Concrete  Manure  Storage  Handbook
(MWPS-36)  and  future  updates  and   related   supplemental
technical  documents,  the  Midwest  Plan Service's Livestock
Waste Facilities Handbook (MWPS-18) and  future  updates  and
related supplemental technical documents or similar standards
used  by  the  Natural  Resources Conservation Service of the
United States Department of  Agriculture;  and  (ii)  on  and
after  the  effective  date  of  this amendatory Act of 1999,
provide public notice in the State  newspaper,  the  Illinois
Register,  and  on  the  Department's  Internet website; hold
public hearings during the  first  notice  period;  and  take
public  comments  and  adopt  rules  pursuant to the Illinois
Administrative Procedure Act for all  Sections  of  this  Act
other  than  design  and construction standards for livestock
waste handling facility as  set  forth  in  Sections  13  and
15(a-5).
    (c)  Within  6 months after the Department of Agriculture
proposing rules to The Pollution  Control  Board,  the  Board
shall hold hearings on and adopt rules for the implementation
of  design  and  construction  standards  for livestock waste
handling facilities as set forth in Sections 13  and  15(a-5)
of  this Act in the manner provided for in Sections 27 and 28
of the Environmental Protection Act.  Rules adopted  pursuant
to  this  Section  shall  take  into  account  all  available
pollution  control technologies and, shall be technologically
feasible  and   economically   reasonable,   and   may   make
distinctions  for  the  type and size of livestock management
and livestock management handling facilities and operations.
    (d)  The Advisory  Committee  shall  meet  once  every  6
months  after  the  effective  date of this amendatory Act of
1997 to review, evaluate, and  make  recommendations  to  the
Department  of Agriculture concerning the Department's random
inspection of livestock waste lagoons  under  Section  16  of
this Act.
(Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)

    Section  99.  Effective date.  This Act takes effect July
1, 1999.

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