AUTHORITY: Implementing Sections 9, 10, 12, 13, 21, and 22 of the Environmental Protection Act [415 ILCS 5/9, 10, 12, 13, 21, 22] and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/27].

SOURCE: Filed and effective January 1, 1978; amended at 2 Ill. Reg. 44, p. 137, effective October 30, 1978; codified at 7 Ill. Reg. 10594; amended in R12-23 at 38 Ill. Reg. 17687, effective August 11, 2014; amended in R18-25 at 48 Ill. Reg. 3196, effective February 15, 2024.

SUBPART A: PERMITS REQUIRED

 

Section 502.101  NPDES Permit Requirement and Duty to Maintain Permit Coverage

 

a)         A Concentrated Animal Feeding Operation (CAFO) is a point source.  Any discharge of pollutants into the waters of the United States from a CAFO is prohibited unless authorized by an NPDES permit or unless the discharge is an agricultural stormwater discharge as described in Section 502.102(b).  A person must not cause or allow a discharge from a CAFO that violates federal or State law, including the Clean Water Act (CWA) (33 U.S.C. 1251), the Act, or Board rules.

 

b)         The owner or operator of a CAFO must seek coverage under an NPDES permit if the CAFO discharges.

 

c)         The owner or operator of a CAFO that discharges must either apply for an individual NPDES permit or submit a notice of intent for coverage under an NPDES general permit.  If the Agency has not made a general permit available to the CAFO, the CAFO owner or operator must apply for an individual permit to the Agency.  All permit applications and applications for permit modifications must contain the information stated in Subpart B.

 

d)         Any permitted CAFO must apply for reissuance of the NPDES permit at least 180 days before the NPDES permit expires unless the CAFO will not discharge after the NPDES permit expires.

 

e)         The owner or operator of a new CAFO that will discharge must apply for NPDES permit coverage at least 180 days before the time that the CAFO begins operation.

 

f)         Once an Animal Feeding Operation is defined as a CAFO for at least one type of animal, the NPDES permit requirements for CAFOs apply to all confined animals at the animal feeding operation and all livestock waste generated by those animals or the production of those animals.

 

(Source: Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.102  Land Application Discharges and Agricultural Stormwater

 

a)         Livestock waste discharge into the waters of the United States from a CAFO resulting from CAFO’s livestock waste application to land application areas is a discharge from that CAFO subject to NPDES permit requirements, except when it is an agricultural stormwater discharge and therefore exempt from the definition of a point source under section 502 of the Clean Water Act. 

 

b)         Where livestock waste has been land-applied both according to site-specific nutrient management practices that ensure appropriate agricultural utilization of the livestock waste's nutrients and in compliance with Section 502.510 for permitted CAFOs and Section 502.510(b) for unpermitted Large CAFOs, a precipitation-related discharge of livestock waste from land application areas of an unpermitted large CAFO or a permitted CAFO is an agricultural stormwater discharge.

 

c)         Unpermitted large CAFOs must maintain the documentation specified in Section 502.510(b)(16) either on site or at a nearby office, or otherwise make that documentation readily available to the Agency upon request.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.103  Large CAFOs

 

An Animal Feeding Operation is defined as a Large CAFO if at least the numbers of animals specified in any of the following categories are stabled or confined:

 

Number of Animals	Kind of Animals
700	Mature dairy cows, whether milked or dry
1,000	Veal calves
1,000	Cattle other than mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, and cow/calf pairs.
2,500	Swine, each weighing 55 pounds or more
10,000	Swine, each weighing less than 55 pounds
500	Horses
10,000	Sheep or lambs
55,000	Turkeys
30,000	Laying hens or broilers, if the Animal Feeding Operation uses a liquid manure handling system
125,000	Chickens (other than laying hens), if the Animal Feeding Operation uses other than a liquid manure handling system
82,000	Laying hens, if the Animal Feeding Operation uses other than a liquid manure handling system
30,000	Ducks, if the Animal Feeding Operation uses other than a liquid manure handling system
5,000	Ducks, if the Animal Feeding Operation uses a liquid manure handling system

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.104  Medium CAFOs

 

a)         An Animal Feeding Operation is defined as a Medium CAFO if the following numbers of animals specified in any of the following categories are stabled or confined and subsection (b), (c) or (d) is met:

 

Number of Animals	Kind of Animals
200 to 699	Mature dairy cows, whether milked or dry
300 to 999	Veal calves
300 to 999	Cattle other than mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, and cow/calf pairs.
750 to 2,499	Swine, each weighing 55 pounds or more
3,000 to 9,999	Swine, each weighing less than 55 pounds
150 to 499	Horses
3,000 to 9,999	Sheep or lambs
16,500 to 54,999	Turkeys
9,000 to 29,999	Laying hens or broilers, if the Animal Feeding Operation uses a liquid manure handling system
37,500 to 124,999	Chickens (other than laying hens), if the Animal Feeding Operation uses other than a liquid manure handling system
25,000 to 81,999	Laying hens, if the Animal Feeding Operation uses other than a liquid manure handling system
10,000 to 29,999	Ducks, if the Animal Feeding Operation uses other than a liquid manure handling system
1,500 to 4,999	Ducks, if the Animal Feeding Operation uses a liquid manure handling system

 

b)         Pollutants are discharged into the waters of the United States through a human-made ditch, flushing system, or similar human-made device;

 

c)         Pollutants are discharged directly into the waters of the United States that originate outside of and pass over, across, through, or otherwise come into direct contact with the animals confined in the operation; or

 

d)         The Agency designates the Animal Feeding Operation as a CAFO under Section 502.106.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.105  Small CAFOs

 

An Animal Feeding Operation is a Small CAFO if the Agency designates it as a CAFO under Section 502.106 and it is not a Medium CAFO.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.106  Case-By-Case Designation Requiring NPDES Permits

 

a)         Despite any other provision of this Part, the Agency may require any Animal Feeding Operation not falling within Section 502.103 or 502.104 to obtain an NPDES permit by designating the Animal Feeding Operation as a CAFO upon determining that it significantly contributes pollutants to waters of the United States.  In determining whether the Animal Feeding Operation significantly contributes pollutants, the Agency must consider the following factors:

 

1)         The Animal Feeding Operation's size and the amount of livestock wastes reaching the waters of the United States;

 

2)         The Animal Feeding Operation's location relative to the waters of the United States;

 

3)         The means to convey livestock wastes into the waters of the United States;

 

4)         The slope, vegetation, rainfall, and other factors relative to the likelihood or frequency of livestock waste discharge into waters of the United States; and

 

5)         Other factors signifying the pollution problem sought to be regulated.

 

b)         The Agency, however, may not require a permit under subsection (a) for any Animal Feeding Operation with less than the number of animals stated in Section 502.104, unless it meets either of the following conditions:

 

1)         Pollutants are discharged into the waters of the United States through a human-made ditch, flushing system, or similar human-made device; or

 

2)         Pollutants are discharged directly into waters of the United States that originate outside of and pass over, across, through, or otherwise come into direct contact with the animals confined in the operation.

 

c)         In no case may a permit application be required from an Animal Feeding Operation designated under this Section until the operation has been inspected and determined that the operation should and could be regulated under the permit program.

 

d)         Before designating an Animal Feeding Operation as a CAFO, the Agency must send the Animal Feeding Operation a written notice that it intends to designate the Animal Feeding Operation as a CAFO.  The notice must include grounds for the designation and information regarding the opportunity to request a meeting with the Agency within 90 days after the Animal Feeding Operation's receipt of the notice to present evidence that it is not significantly contributing pollutants to the waters of the United States as provided in subsection (a).  Beginning 90 days after the Animal Feeding Operation receives initial written notice, the Agency may designate the Animal Feeding Operation as a CAFO.  The Agency must send the Animal Feeding Operation a written notice of its decision and grounds to designate in writing.

 

e)         Upon receipt of the Agency's decision to designate, the owner or operator must apply for an NPDES permit with the Agency within 90 days.  The Agency may issue an NPDES permit with a compliance schedule detailing interim steps to be taken along with a final date, not to exceed 14 months from the date the permit is issued, by which compliance with the Act and all applicable regulations must be achieved.

 

f)         The question of whether the designation was proper will remain open while the permit application is pending.  Any appeal of the Agency's designation decision must be made as part of an NPDES permit appeal.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

SUBPART B: PERMIT APPLICATIONS

 

Section 502.201  Permit Applications

 

a)         All applications from a new or existing CAFO for any permit, including an individual permit or a general permit, required under this Chapter must contain, when appropriate, the following information and documents:

 

1)         The name of the owner or operator;

 

2)         The facility location and mailing addresses;

 

3)         The latitude and longitude of the entrance to the production area;

 

4)         Specific information about the average and maximum number and type of animals, whether in open confinement or housed under a roof (beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys, other);

 

5)         A statement as to any projected changes in the livestock operation's size and when they may occur during the term of the permit;

 

6)         The type of containment and storage (anaerobic lagoon, roofed storage shed, storage ponds, underfloor pits, above-ground storage tanks, below-ground storage tanks, concrete pad, impervious soil pad, other) and total capacity for manure, litter, and process wastewater storage (in tons or gallons);

 

7)         A topographic map of the geographic area in which the CAFO is located showing the specific location of the production area and land application areas, and indicating the following:

 

A)        Direction and location of surface and subsurface drainage and other discharges from the facility; and

 

B)        Location of waterways in the area.

 

8)         Estimated amounts of livestock waste generated per year (in tons or gallons);

 

9)         The total acreage of the land application area and the estimated amount of waste to be applied to those acres per year;

 

10)       Estimated amount of livestock waste transferred to other persons per year (in tons or gallons);

 

11)       A nutrient management plan that is consistent with Subpart E;

 

12)       A stormwater pollution prevention plan;

 

13)       A spill control and prevention plan; and

 

14)       A statement identifying and justifying any departure from current design criteria the Agency promulgates.

 

b)         The Agency may adopt procedures requiring additional information as is necessary to determine whether the CAFO will meet the Act and applicable Board rules.

 

c)         Applicable requirements of 35 Ill. Adm. Code 309:  Subpart A apply to applications for NPDES permits required by this Chapter.  The Agency may prescribe the form in which information required under this Section must be submitted.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.202  Permit Application Submissions

 

All permit applications must be mailed or delivered to Illinois Environmental Protection Agency, Bureau of Water, 1021 N. Grand Ave. E., Springfield IL  62794.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.203  New Applications (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 17687, effective August 11, 2014)

 

Section 502.204  Renewal

 

Permittees seeking reissuance of their NPDES permit under Section 502.101(d) must apply for reissuance of the permit, using proper forms, at least 180 days before the permit expires.  The Agency will notify those persons of the need for renewal at least 60 days before the date on which the renewal application must be submitted; however, failure to do so does not excuse noncompliance with this Chapter.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.205  New Operations (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 17687, effective August 11, 2014)

 

Section 502.206  Signatures

 

An application submitted by a corporation must be signed by a principal executive officer of at least the level of vice president, or a duly authorized representative if that representative is responsible for operating the facility.  In the case of a partnership or a sole proprietorship, the application must be signed by a general partner or the proprietor, respectively. In the case of a publicly-owned facility, the application must be signed by either a principal executive officer, ranking elected official, or another duly authorized employee.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.207  Disclosure Required for Land Trusts

 

An applicant filing for an NPDES permit must satisfy the Land Trust Beneficial Interest Disclosure Act [735 ILCS 405] before the Agency grants the applicant its permit.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

SUBPART C: PERMIT ISSUANCE AND CONDITIONS

 

Section 502.301  Standards for Issuance

 

The Agency must not grant any NPDES permit unless the applicant submits proof that the subject facility:

 

a)         Will be constructed, modified, or operated so as not to violate the Act or applicable Board rules or the Federal Water Pollution Control Act (CWA) (12 U.S.C. 24), or has been granted a variance under Title IX of the Act; and

 

b)         Either conforms to the design criteria the Agency promulgates under Section 502.305 or is based on other criteria which the applicant proves will produce consistently satisfactory results.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.302  Duration of Permits

 

NPDES permits will be issued for fixed terms not to exceed five years.

 

Section 502.303  New Source Standards

 

Despite any other provision of this Subtitle, if a point source started construction after the enactment date of the CWA and was constructed to meet the applicable federal "standard of performance" defined in Section 306 of the CWA, the point source is not subject to any more stringent federal "standard of performance" during a ten-year period beginning on the date the construction is completed or during the depreciation or amortization period of the facility for Section 167 or 169 (or both) of the Internal Revenue Code of 1954, whichever period ends first (26 U.S.C. 167 and 169).

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.304  Issuance and Conditions

 

a)         35 Ill. Adm. Code 309: Subpart A applies to the issuance, conditions, and modification of NPDES permits under this Chapter in the same manner as those provisions apply to NPDES permits issued under 35 Ill. Adm. Code 309.  Specific provisions applicable to CAFOs seeking coverage under NPDES general permits are found in Section 502.310.

 

b)         In addition to specific conditions authorized under this Part, the Agency may impose conditions in any permit issued under this Part as may be necessary to accomplish the purposes of the Act or Board rules.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.305  Agency Criteria

 

a)         Unless otherwise provided for by Board rules, the Agency may adopt procedures that state criteria for the design and maintenance of facilities subject to this chapter.  These procedures must be revised from time to time to reflect current engineering judgment and advances in the state of the art.

 

b)         Before adopting new criteria or making substantive changes in any criteria the Agency adopts, the Agency must publish a summary of the proposed changes in the Environmental Register and, at the Agency's expense, in a widely circulated agricultural periodical.

 

c)         In adopting new or revised criteria, the Agency must comply with the Illinois Administrative Procedure Act [5 ILCS 100].

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.310  CAFOs Seeking Coverage Under NPDES General Permits

 

a)         CAFO owners or operators must submit a notice of intent that meets the requirements of Section 502.201 and Subpart E when seeking authorization to discharge under a general permit.

 

b)         When additional information is necessary to complete the notice of intent or to clarify, modify, or supplement previously submitted material, the Agency may request that information from the owner or operator as provided in 35 Ill. Adm. Code 309.106.

 

c)         The Agency must notify the public of its proposal to grant coverage under the general permit to the CAFO.  This public notice must include the CAFO's nutrient management plan.

 

d)         The process for submitting public comments and hearing requests, and the hearing            process if a request for a hearing is granted, will follow the procedures applicable to draft individual permits found in 35 Ill. Adm. Code 309.109(b) and 309.115 through 309.118.

 

e)         The time period for the public to comment and request a hearing is 30 days following the date of the notice issued under subsection (c).

 

f)         When a public hearing is held, the Agency must respond to significant comments received during the comment period as provided in 35 Ill. Adm. Code 309.119 and 309.120, except that notice and transmission to the USEPA Regional Administrator is not required.  If no hearing is held, the Agency must follow the procedures in 35 Ill. Adm. Code 309.112 and 309.120 for Agency action after the comment period.  The Agency must require the CAFO owner or operator to revise the nutrient management plan if necessary to be granted permit coverage.

 

g)         When the Agency authorizes coverage for the CAFO owner or operator under the general permit, the terms of the nutrient management plan must become incorporated as terms and conditions of the permit for the CAFO.  Incorporating terms and conditions does not require a modification of the general permit.

 

h)         The Agency must notify the CAFO owner or operator and inform the public that coverage has been authorized and of the terms of the nutrient management plan, incorporated as terms and conditions of the permit applicable to the CAFO.

 

i)          Nothing in this Section limits the Agency's authority to require an individual NPDES permit under Section 39(b) of the Act.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.315  CAFO Permit Requirements

 

NPDES permits issued to CAFOs under this Part must include:

 

a)         Requirements to implement a nutrient management plan that meets Subpart E.

 

b)         Requirements for the permittee to create a complete copy of the records required in Section 502.320, maintain the records on-site for five years from creation, and make the records available to the Agency upon request.

 

c)         Annual reporting requirements for permitted CAFOs.  The permittee must submit an annual report to the Agency. The annual report must include the information specified in Section 502.325.

 

d)         Requirements to comply with the livestock waste discharge limitations in Subparts F, G, and H, if applicable.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.320  Recordkeeping Requirements

 

The permittee must create, maintain for five years, and make available to the Agency, upon request, the following records:

 

a)         A copy of all applicable records identified under Section 502.510(b)(16);

 

b)         A copy of the information required under Section 502.201;

 

c)         Records documenting the visual inspections required under Section 502.610(c);

 

d)         Weekly records of the depth of the manure and process wastewater in the liquid livestock waste storage as indicated by the depth marker, as described in Section 502.610(d);

 

e)         Records documenting any actions taken to correct deficiencies as required by Sections 502.610(e) and (f). Deficiencies not corrected within 30 days must be accompanied by an explanation of the factors preventing immediate correction;

 

f)         Records of mortalities management and practices the facility uses to meet the requirements of Section 502.610(g);

 

g)         Records documenting the current design of any livestock waste storage structures, including volume for solids accumulation, design treatment volume, total design volume, and approximate number of days of storage capacity;

 

h)         Records of the date, time, and estimated volume of any overflow;

 

i)          A copy of the facility's site-specific nutrient management plan;

 

j)          Expected crop yields for land application areas;

 

k)         The dates livestock waste is applied to each land application area;

 

l)          Records documenting subsurface drainage inspections conducted according to the plan developed under Section 502.510(b)(13);

 

m)        Results from livestock waste and soil sampling;

 

n)         Explanation of the basis for determining livestock waste application rates;

 

o)         Calculations showing the total nitrogen and phosphorus to be applied to each field, including sources other than livestock waste;

 

p)         Total amount of nitrogen and phosphorus applied to each field, including documentation of calculations for the total amount applied;

 

q)         The method used to apply the livestock waste;

 

r)          Date of livestock waste application equipment inspection;

 

s)         Maximum number and type of animals, whether in open confinement or housed under roof by the following types: beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, turkeys, ducks, other;

 

t)          All records necessary to prepare the annual report required by Section 502.325;

 

u)         Total acreage of land application area the nutrient management plan covers;

 

v)         The quantity of livestock waste removed when a manure storage area or waste containment area is dewatered;

 

w)        The following information for each day during which livestock wastes are applied to land:

 

1)         the amount applied to each field in either gallons, wet tons, or dry tons per acre;

 

2)         soil water conditions at the time of application (such as dry, saturated, flooded, frozen, snow-covered);

 

3)         an estimate of the precipitation amount 24 hours before, and for 24 hours after, the application;

 

4)         the type of application method used (surface, surface with incorporation, or injection);

 

5)         the location of the field where livestock waste was applied;

 

6)         Leak inspection results of livestock waste application equipment;

 

7)         the name and address of off-site recipients of livestock waste, the amount of waste transferred to each off-site recipient in gallons or dry tons, off-site location on a topographic map, and acreage of each site the off-site recipient used;

 

8)         Weather conditions, including precipitation, air temperature, wind speed, wind direction, and dew point, at the time of land application and for 24 hours before, and for 24 hours following, the application; and

 

9)         Records of the weather forecasts required to be maintained under Sections 502.620(d) and 502.630(b)(3), (4), and (5);

 

x)         The laboratory analysis sheets reporting the analysis of the livestock waste samples must be kept on file at the facility for the permit’s term and for 5 years after the permit expires; and

 

y)         Records documenting the test methods and sampling protocols for manure, litter, and process wastewater and soil analyses.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.325  Annual Report

 

a)         The NPDES permit must specify annual reporting requirements for the CAFO.  The annual report must be submitted to the Agency.

 

b)         The annual report must contain the following minimum elements:

 

1)         Maximum number and type of animals, whether in open confinement or housed under roof by the following types: beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, turkeys, ducks, other;

 

2)         Quantity of livestock waste the facility generated in the previous 12 months (tons/gallons);

 

3)         Quantity of livestock waste the facility transferred to another person in the previous 12 months (in tons or gallons);

 

4)         Total acreage of land application area the nutrient management plan covers;

 

5)         Total acreage the CAFO used for land application of livestock waste in the previous 12 months and that was under the control of the CAFO through ownership, lease, or consent agreement;

 

6)         A statement indicating whether the current version of the CAFO's nutrient management plan for land application of livestock waste was developed or approved by a certified nutrient management planner and by who issued the certificate;

 

7)         Summary of all livestock waste discharges from the production area that have occurred in the previous 12 months, including date, time, and approximate volume;

 

8)         A report of instances of noncompliance with the NPDES permit in the previous 12 months;

 

9)         The actual crops planted and actual yields for each field;

 

10)        The actual nitrogen and phosphorus content of the livestock waste;

 

11)        The results of calculations conducted under Section 502.515(d)(3) and (e)(3);

 

12)        The amount of livestock waste land applied to each field during the previous 12 months;

 

13)        For any CAFO that implements a nutrient management plan that addresses application rates under Section 502.515(e):

 

A)        the results of any soil testing for nitrogen and phosphorus taken during the preceding 12 months;

 

B)        data used to calculate under Section 502.515(e)(3), and

 

C)        the amount of any supplemental fertilizer applied during the previous 12 months; and

 

14)        Annual review of the nutrient management practices to be implemented and an update of the nutrient management plan when the nutrient management practices change.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

SUBPART D: APPEAL AND ENFORCEMENT

 

Section 502.401  Appeals from Conditions in Permits

 

An applicant may consider any condition the Agency imposes in a permit as the Agency refusing to grant a permit.  An applicant or others who have been a party or participant at an Agency hearing are entitled to appeal the Agency's decision to the Board under Section 40 of the Act, 35 Ill. Adm. Code 105 and 35 Ill. Adm. Code:  Subtitle C, Chapter I.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.402  Defenses

 

a)         Issuing or possessing a permit does not allow the permittee to violate the Act or Board rules and is not a defense to a violation other than an alleged violation for construction or operation without a permit.

 

b)         Compliance with an NPDES permit must be considered compliance for purposes of Sections 42, 43, and 44 of the Act (Penalties), with the Act and applicable rules, to the extent that compliance would be a defense to enforcement action under the CWA.

 

c)         Except for federally-imposed requirements for NPDES permits, complying with the rules the Board promulgates under the Act will be a prima facie defense to any action, legal, equitable, or criminal, or an administrative proceeding for a violation of the Act, brought by any person.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.403  Modification or Termination of Permits

 

The Board may, after petition and opportunity for hearing under the Act and its procedural rules in 35 Ill. Adm. Code 101 through 130, terminate any permit or modify it in any manner that is consistent with the Act and applicable Board rules or federal requirements upon proof of cause, including the following:

 

a)         Violating any condition of the permit;

 

b)         Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or

 

c)         Change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

SUBPART E: REQUIREMENTS FOR DEVELOPING AND IMPLEMENTING NUTRIENT MANAGEMENT PLANS

 

Section 502.500  Purpose, Scope, and Applicability

 

The requirements in this Subpart are intended to minimize the transportation of nitrogen and phosphorus into the waters of the United States to comply with the nutrient management plan.

 

a)         The requirements in this Subpart apply to CAFOs required to obtain an NPDES permit. Unpermitted large CAFOs claiming an agricultural stormwater exemption under Section 502.102 are not required to have a nutrient management plan but must comply with the requirements listed in Section 502.510(b) to qualify for the exemption.

 

b)         The CAFO owner or operator must develop, submit, and implement a site-specific nutrient management plan.  This plan must specifically identify and describe practices that will be implemented to assure compliance with this Subpart and the livestock waste discharge limitations and technical standards of Subparts F, G, and H.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.505  Nutrient Management Plan Information

 

The nutrient management plan must include the following items:

 

a)         Name, address, and phone number of the CAFO owners;

 

b)         Name, address, and phone number of the managers or operators if different than the owners;

 

c)         Address, phone number, and plat location of the CAFO production area;

 

d)         Name of the person who developed the nutrient management plan and a statement indicating whether it was developed or approved by a certified nutrient management planner and by whom the certification was issued;

 

e)         Type of waste storage for the CAFO;

 

f)         Species, size, and maximum number of animals at the CAFO;

 

g)         Scaled aerial photos or maps depicting each field available and intended for livestock waste applications with available acreage listed and indicating residences, non-farm businesses, common places of assembly, streams, wells, waterways, lakes, ponds, rivers, drainage ditches, subsurface drainage systems, other water sources, 10-year flood plain, buffers, slope, locations of structural Best Management Practices, setbacks and areas restricted from application by this Subpart E;

 

h)         For land application areas the owner or operator of the CAFO does not own or rent, copies of the consent statement between the livestock facilities’ owner or operator and the landowner where livestock waste will be applied;

 

i)          Cropping schedule for each field for the past year, anticipated crops for the current year, and anticipated crops for the five-year term of the permit;

 

j)          Realistic crop yield goal for each crop in each field;

 

k)         An estimate of the livestock waste’s nutrient value or the analysis results determined under Section 502.625(c);

 

l)          Livestock waste application methods;

 

m)        Results of the Bray P1 or Mehlich 3 test for soil phosphorus, conducted according to Recommended Chemical Soil Test Procedures for the North Central Region, incorporated by reference in 35 Ill. Adm. Code 501.200, reported in pounds of elemental phosphorus per acre.  If the livestock waste is to be land applied based on a single-year or multi-year phosphorus application on the land application area, the following items must be provided:

 

1)         An estimate of the volume of livestock waste to be disposed of annually;

 

2)         The phosphorus content of the livestock waste;

 

3)         The phosphorus amount needed for each crop in the planned crop rotation, expressed as pounds of P₂0₅ per acre, obtained from the Illinois Agronomy Handbook, 24^th Edition, incorporated by reference at 35 Ill. Adm. Code 501.200; and

 

4)         The maximum livestock waste application rate based on phosphorus for each field, determined under Section 502.625(g).

 

n)         Calculations showing the following:

 

1)         An estimate of the volume of livestock waste to be disposed of annually;

 

2)         Nitrogen loss due to the method of storage, if applicable;

 

3)         Amount of nitrogen available for application;

 

4)         Nitrogen loss due to the method of application;

 

5)         Amount of plant-available nitrogen including mineralized first-year organic nitrogen;

 

6)         Amount of nitrogen required by each crop in each field based on realistic crop yield goal;

 

7)         Nitrogen credits from previous crops, from other sources of fertilizer applied for the growing season, and from any livestock waste applications during the previous three years for each field;

 

8)         Livestock waste application rate based on nitrogen for each field; and

 

9)         Land area required for application;

 

o)         A listing of fields and the planned livestock waste application amounts for each field.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.510  Nutrient Management Plan Requirements

 

a)         Any permit issued to a CAFO must require implementing a nutrient management plan by the date of permit coverage that includes, best management practices necessary to meet this Section and the applicable livestock discharge limitations and technical standards in 35 Ill. Adm. Code 501 and 502.

 

b)         The nutrient management plan must specify and demonstrate:

 

1)         The livestock waste application rate of nitrogen in a single year and phosphorus in a single year or multiple years, not to exceed the single-year crop nitrogen and single-year or multi-year phosphorus requirements for realistic crop yield goals in the rotation;

 

2)         Adequate land application area for livestock waste application which may include:

 

A)        land the CAFO owner or operator owns;

 

B)        land the CAFO rents or leases;

 

C)        land covered by a consent agreement between the CAFO owner or operator and the property owner; or

 

D)        any combination of the land described in subsection (b)(2)(A) through (C);

 

3)         Adequate storage of livestock waste, including procedures to ensure proper operation and maintenance of the storage facilities;

 

4)         Proper management of mortalities to ensure that they are not disposed of in a liquid livestock waste or stormwater storage or treatment system that is not specifically designed to treat animal mortalities;

 

5)         That clean water is diverted, as appropriate, from the production area;

 

6)         That direct contact of confined animals with waters of the United States is prevented;

 

7)         That chemicals and other contaminants handled on-site are not disposed of in any livestock waste or stormwater storage or treatment system unless specifically designed to treat those chemicals and other contaminants;

 

8)         Appropriate site-specific conservation practices to be implemented, including, as appropriate, buffers or equivalent practices, to control pollutant runoff to waters of the United States;

 

9)         Protocols for appropriate livestock waste and soil testing.  Livestock waste must be analyzed at least once annually for nitrogen and phosphorus content, and soil analyzed at least twice every five years for phosphorus content. The results of these analyses are to be used in determining application rates for livestock wastes;

 

10)         Protocols to land apply livestock waste according to site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients;

 

11)         Livestock waste must not be applied within the distance from residences provided in Section 502.645(a) and within the areas prohibited from land application by this Part;

 

12)         A winter land application plan that meets Section 502.630;

 

13)         The plan for inspecting, monitoring, managing, and repairing subsurface drainage systems at the livestock waste application site. Inspecting subsurface drainage systems must include visual inspection before land application to determine failures that may cause discharges and visual inspection during and after land application to identify discharges.  For this subsection (b)(13), visual inspection means a person inspecting the tile inlet, tile outlet, and unobstructed land surface to assess the structural ability of the subsurface drainage system;

 

14)         A spill prevention and control plan;

 

15)         Annual review of the nutrient management practices to be implemented and an update of the nutrient management plan when the nutrient management practices change;

 

16)         Specific records that will be maintained to document implementing and managing the minimum elements described in subsections (b)(2) through (15); and

 

17)         A description of the storage provisions and schedules provided for livestock waste when cropping practices, soil conditions, weather conditions, or other conditions prevent applying livestock waste to land or prevent other methods of livestock waste disposal.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.515  Terms of Nutrient Management Plan

 

Any permit issued to a CAFO must require compliance with the terms of the CAFO's site-specific nutrient management plan.  These terms include:

 

a)         The terms of the nutrient management plan are the information, protocols, best management practices, and other conditions in the nutrient management plan the Agency determines are necessary to meet Sections 502.505 and 502.510.

 

b)         The terms of the nutrient management plan, regarding protocols for land application of livestock waste as required by Subpart F, must include:

 

1)         the fields available for land application;

 

2)         field-specific rates of application properly developed under subsection (d) or (e) to ensure appropriate agricultural utilization of the nutrients in the livestock waste; and

 

3)         any timing limitations identified in the nutrient management plan concerning land application on the fields available for land application.

 

c)         The terms of the nutrient management plan must address rates of application using either the linear approach as described in subsection (d) or the narrative rate approach as described in subsection (e), unless the Agency specifies that only one of these approaches may be used.

 

d)         The linear approach is an approach that expresses application rates as pounds of nitrogen and phosphorus, according to the following specifications:

 

1)         The terms include maximum application rates from livestock waste for each year of permit coverage, for each crop identified in the nutrient management plan, in chemical forms determined to be acceptable to the Agency, in pounds per acre, per year, for each field to be used for land application, and the factors necessary to determine those rates.

 

2)         The factors that are terms must include:

 

A)        the outcome of assessing the field-specific potential for nitrogen and phosphorus transport from each field;

 

B)        the crops to be planted in each field or any other uses of a field such as pasture or fallow fields;

 

C)        the realistic yield goal for each crop or use identified for each field;

 

D)        the nitrogen and phosphorus recommendations, according to Section 502.625, for each crop or use identified for each field;

 

E)        credits for all nitrogen in the field that will be plant available;

 

F)         consideration of multi-year phosphorus application;

 

G)        accounting for all other additions of plant-available nitrogen and phosphorus to the field;

 

H)        the form and source of livestock waste to be land-applied;

 

I)         the timing and method of land application; and

 

J)         the methodology by which the nutrient management plan accounts for the amount of nitrogen and phosphorus in the livestock waste to be applied.

 

3)         CAFOs that use this linear approach must calculate the maximum amount of livestock waste to be land applied at least once each year using the results of the most recent representative livestock waste tests for nitrogen and phosphorus taken within 12 months before the date of land application required by Section 502.635.

 

e)         The narrative rate approach is an approach that expresses application rates as a narrative rate of application that results in the amount, in tons or gallons, of livestock waste to be land applied, according to this subsection (e).

 

1)         The terms include:

 

A)        maximum amounts of nitrogen and phosphorus derived from all sources of nutrients, for each crop identified in the nutrient management plan, in chemical forms determined to be acceptable to the Agency, in pounds per acre, for each field, and the factors necessary to determine those amounts;

 

B)        the outcome of assessing the field-specific potential for nitrogen and phosphorus transport from each field;

 

C)        the crops to be planted in each field or any other uses, such as pasture or fallow fields, including alternative crops identified under subsection (e)(1)(G);

 

D)        the realistic yield goal for each crop or use identified for each field;

 

E)        the nitrogen and phosphorus recommendations according to Section 502.625 for each crop or use identified for each field;

 

F)         the methodology by which the nutrient management plan accounts for the following factors when calculating the amounts of livestock waste to be land applied:

 

i)          results of soil tests conducted using protocols identified in the nutrient management plan, as required by Section 502.510(b)(9);

 

ii)         credits for all nitrogen in the field that will be plant available;

 

iii)        the amount of nitrogen and phosphorus in the livestock waste to be applied;

 

iv)        consideration of multi-year phosphorus application;

 

v)         accounting for all other additions of plant nitrogen and phosphorus to the field;

 

vi)        the form and source of livestock waste;

 

vii)       the timing and method of land application; and

 

viii)      volatilizing nitrogen and mineralizing organic nitrogen.

 

G)        alternative crops identified in the CAFO's nutrient management plan that are not in the planned crop rotation.

 

i)          When a CAFO includes alternative crops in its nutrient management plan, the crops must be listed by field, in addition to the crops identified in the planned crop rotation for that field, and the nutrient management plan must include realistic crop yield goals and the nitrogen and phosphorus recommendations according to Section 502.625 for each crop.

 

ii)         Maximum amounts of nitrogen and phosphorus from all sources of nutrients and the amounts of livestock waste to be applied must be determined using the methodology described in subsections (e)(1)(A) through (F).

 

2)         For CAFOs using this narrative approach, the following projections must be included in the nutrient management plan submitted to the Agency, but are not terms of the nutrient management plan:

 

A)        the CAFO's planned crop rotations for each field for the period of permit coverage;

 

B)        the projected amount of livestock waste to be applied;

 

C)        projected credits for all nitrogen in the field that will be plant available;

 

D)        consideration of multi-year phosphorus application;

 

E)        accounting for all other additions of plant-available nitrogen and phosphorus to the field;

 

F)         the predicted form, source, and method of applying livestock waste for each crop; and

 

G)        timing of application for each field, insofar as it concerns calculating the rates of application.

 

3)         CAFOs that use this narrative rate approach must calculate maximum amounts of livestock waste to be land applied at least once each year using the methodology required in subsections (e)(1)(A) through (F) before land applying livestock waste and must rely on the following data:

 

A)        a field-specific determination of nitrogen that will be plant available consistent with the methodology required by subsections (e)(1)(A) through (F), and for phosphorus, the results of the most recent soil test conducted using Agency-approved soil testing requirements; and

 

B)        the results of most recent representative livestock waste tests for nitrogen and phosphorus taken within 12 months before the date of land application, to determine the amount of nitrogen and phosphorus in the livestock waste to be applied.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

 

Section 502.520  Changes to the Nutrient Management Plan

 

When a CAFO owner or operator makes changes to the CAFO's nutrient management plan previously submitted to the Agency, the procedures in this Section are applicable.

 

a)         The CAFO owner or operator must identify changes to the nutrient management plan, except that the results calculated under Sections 502.515(d)(3) and (e)(3) are not subject to this Section.  These calculations may be revised without submittal to the Agency if the calculation revisions do not change the terms of the nutrient management plan.

 

b)         The Agency must determine whether the changes to the nutrient management plan necessitate revising the terms of the nutrient management plan incorporated into the permit issued to the CAFO.

 

1)         If revising the terms of the nutrient management plan is not necessary, the Agency must notify the CAFO owner or operator and, upon that notification, the CAFO may implement the revised nutrient management plan.

 

2)         If revising the terms of the nutrient management plan is necessary, the Agency must determine whether the changes are substantial changes as described in subsection (d).

 

3)         If the Agency determines that the changes to the terms of the nutrient management plan are not substantial, the Agency must notify the owner or operator and inform the public of any changes to the terms of the nutrient management plan that are incorporated into the permit.

 

c)         If the Agency determines that the changes to the terms of the nutrient management plan are substantial, the Agency must notify the public and make the proposed changes and the information the CAFO owner or operator submits available for public review and comment.

 

1)         The process and time limits for submitting public comments and hearing requests, the hearing process if a request for a hearing is granted, and the process for responding to significant comments received during the comment period will follow the procedures applicable to draft general permits found in Section 502.310(d) through (f).

 

2)         The Agency will require the CAFO owner or operator to further revise the nutrient management plan if necessary to approve the revision to the terms of the nutrient management plan incorporated into the CAFO's permit.

 

3)         Once the Agency incorporates the revised terms of the nutrient management plan into the permit, the Agency must notify the owner or operator and inform the public of the final decision concerning the revisions to the terms and conditions of the permit.

 

d)         Substantial changes to the terms of the nutrient management plan incorporated as terms and conditions of a permit include:

 

1)         Adding new land application areas not previously included in the CAFO's nutrient management plan; except that, if the land application area that is being added to the nutrient management plan is covered by the terms of a nutrient management plan incorporated into an existing NPDES permit in compliance with Section 502.515, and the CAFO owner or operator applies livestock waste on the newly added land application area in compliance with the existing field-specific permit terms applicable to the newly added land application area, adding new land would be a change to the new CAFO owner's or operator's nutrient management plan but not a substantial change for this Section;

 

2)         For nutrient management plans using the linear approach stated in Section 502.515(d), changes to the field-specific maximum annual rates of land application (pounds of nitrogen and phosphorus from livestock waste).  For nutrient management plans using the narrative rate approach, changes to the maximum amounts of nitrogen and phosphorus derived from all sources for each crop;

 

3)         Adding any crop or other uses not included in the terms of the CAFO's nutrient management plan and corresponding field-specific application rates expressed in accordance with Section 502.515; and

 

4)         Changes to site-specific components of the CAFO's nutrient management plan, when the changes are likely to increase the risk of nitrogen and phosphorus transport to waters of the United States.

 

(Source:  Amended at 48 Ill. Reg. 3196, effective February 15, 2024)

SUBPART F: LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS