TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.101 AUTHORITY (REPEALED)
Section 501.101 Authority
(Repealed)
(Source:
Repealed at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.102 POLICY
Section 501.102 Policy
a) It is the purpose of the General Assembly in adopting the
Environmental Protection Act to restore, maintain, and enhance the purity of
the air and waters of Illinois to protect health, welfare, property, and
quality of life. An adequate supply of healthy livestock is essential to the
well-being of Illinois citizens and the nation. They provide a daily source of
meat, milk, and eggs. Their efficient, economic production must be the concern
of both producers and consumers if we are to have a continued abundance of high-quality,
wholesome food and other livestock products at reasonable prices. The policy must
establish regulations that will provide a balance between a wholesome
environment and the efficient production of adequate livestock products.
b) Livestock produce wastes that, when properly used, supply
nutrients and organic matter to soils. The mere presence of livestock waste in
a given location does not denote pollution, but may, when improperly stored,
transported, or disposed of, undesirably affect the environment.
c) It is determined that the construction, establishment, and
operation of specified livestock management facilities and livestock
waste-handling facilities without environmental planning and safeguards or the
use of specified livestock wastes for agricultural purposes causes, threatens,
or allows the discharge of contaminants into the air or waters of Illinois so
as to cause or threaten to cause pollution or to render those waters harmful to
public health, safety, or welfare, to domestic, commercial, industrial,
agricultural, and recreational uses, or to humans, livestock, wild animals, birds,
or fish or other aquatic life.
d) It is determined that the construction, establishment and
operation of livestock management facilities and livestock waste-handling
facilities without environmental planning and safeguards or the use of
livestock wastes for agricultural purposes causes, threatens, or allows air
pollution. The discharge of contaminants into the air of Illinois in
sufficient quantities and of such characteristics and duration as to be
injurious to human, plant, or animal life, to health, or to property, or to
unreasonably interfere with the enjoyment of life or property. [415 ILCS
5/3.115] It is recognized that the presence of odor is an inherent
characteristic of livestock management facilities and livestock waste-handling
facilities, and that the detection of that odor is not per se air pollution.
e) It is the purpose of this Chapter to prevent pollution of the
air and waters of Illinois caused by failure to plan regarding proper
environmental safeguards for the construction, location, and operation of specified
livestock management facilities and livestock waste-handling facilities. A
permit system is established to ensure that those activities take account of
environmental considerations and to meet the requirements for federal approval,
as established by the CWA. It is also the purpose of these regulations to
prevent pollution from the numerous point and non-point discharges, both
continuous and fluctuating, which are present in specified livestock management
facilities or livestock waste-handling facilities. To this end, procedural
safeguards are required, in addition to compliance with the CWA, NPDES filing
requirements, and the feedlot category of point source effluent guidelines.
(Source: Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.103 ORGANIZATION OF THIS CHAPTER
Section 501.103 Organization of this Chapter
The Board regulations adopted in 35 Illinois Administrative
Code Subtitle E: Agriculture Related Pollution, Chapter I: Pollution Control
Board are organized as provided in this Section.
a) Part
501 of this Chapter contains definitions and incorporations by reference
applicable to Parts 501, 502 and 503, which are the Parts of this Chapter
administered by the Environmental Protection Agency. Subpart C of Part 501
also contains the requirements applicable to all livestock waste-handling facilities
and livestock management facilities, whether or not those facilities are
defined as Animal Feeding Operations (AFOs) or Concentrated Animal Feeding Operations
(CAFOs) and without regard to whether the facility is subject to National
Pollutant Discharge Elimination System (NPDES) permitting requirements.
b) Part
502 identifies which AFOs are subject to NPDES permit requirements and
specifies those requirements. Part 502 also provides the State technical
standards applicable to permitted CAFOs. That
Part also contains requirements applicable to land application activities from
AFOs that are defined as large CAFOs and are not permitted under an NPDES
permit.
c) Part
503 contains the requirements applicable to fish and aquatic animal production
facilities, irrigation activities, and silvicultural activities and sources.
d) Part
506 implements the Livestock Management Facilities Act [510 ILCS 77]. Those
rules and the Livestock Management Facilities Act are administered by the
Illinois Department of Agriculture.
(Source: Added at 38 Ill. Reg. 17661,
effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.104 SEVERABILITY
Section 501.104 Severability
If any provision of this Part is adjudged invalid, or
if the application of this Part to any person or in any circumstance is
adjudged invalid, that invalidity will not affect the validity of this Chapter
as a whole, or of any Part, Subpart, sentence or clause not adjudged invalid.
(Source: Amended at 48 Ill. Reg. 3170,
effective February 15, 2024)
SUBPART B: DEFINITIONS AND INCORPORATIONS
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.200 INCORPORATIONS BY REFERENCE
Section 501.200
Incorporations by Reference
a) The Board incorporates the following material by reference:
ASABE. American Society of
Agricultural and Biological Engineers, 2950 Niles Road, St. Joseph, MI 49085
(269-429-0300), fax 269-429-3852, hq@asabe.org
"Management
of Manure Odors", ASABE, EP379.4 (January 2007).
"Design of Anaerobic Lagoons
for Animal Waste Management", ASABE, EP403.4 (R2011)
"Illinois Agronomy Handbook,
24th Edition", University of Illinois, College of Agriculture,
Consumer and Environmental Sciences. Urbana, IL, July 2009. Available from
University of Illinois, Office of Extension and Outreach, 111 Mumford Hall
(MC-710), 1301 W. Gregory Dr., Urbana, IL 61801 (217) 333-5900.
MWPS. Available from MidWest Plan
Service, 122 Davidson Hall, Iowa State University, Ames, IA 50011-3080 (515) 294-4337.
"Livestock Waste Facilities
Handbook, Third Edition", MWPS-18. MidWest Plan Service. April 1993.
"Manure Characteristics",
Section 1. Second Edition MWPS-18-S1. MidWest Plan Service. 2004.
"Recommended Chemical Soil
Test Procedures for the North Central Region", North Central Regional
Publication No. 221, Missouri Agricultural Experiment Station Bulletin SB 1001
(January 1998). Available from North Central Region-University of Missouri
Soil Testing Lab, 23 Mumford Hall, University of Missouri, Columbia, MO 65211
(573) 884-4288.
"Average Crop, Pasture, and
Forestry Productivity Ratings for Illinois Soils; Bulletin No. 810",
University of Illinois, College of Agricultural, Consumer and Environmental
Sciences, Office of Research (2000), revised January 15, 2011 to amend Table 2
for B810. Available from University of Illinois, College of Agricultural,
Consumer, and Environmental Sciences, Office of Research, 228 Mumford Hall,
1301 W. Gregory Dr., Urbana IL 61801 (217) 333-0240.
"Optimum Crop Productivity
Ratings for Illinois Soils; Bulletin 811", University of Illinois, College
of Agricultural, Consumer and Environmental Sciences, Office of Research (2000),
revised January 15, 2011 to amend Table S2 for B811. Available from University
of Illinois, College of Agricultural, Consumer, and Environmental Sciences,
Office of Research, 228 Mumford Hall, 1301 W. Gregory Dr., Urbana IL 61801
(217) 333-0240.
"NOAA Atlas 14:
Precipitation Frequency Atlas of the United States", United States
Department of Commerce, National Oceanic and Atmospheric Administration,
National Weather Service, Volume 2, Version 3.0 (2004), revised 2006.
Available from NOAA, NWS, Office of Hydrologic Development, 1325 East West Highway,
Silver Spring MD 20910 (Available online at https://www.weather.gov/media/owp/oh/hdsc/docs/Atlas14_Volume2.pdf.
Code of Federal Regulations.
Available from the Superintendent of Documents, U.S. Government Printing
Office, Washington, DC 20401 (202) 783-3238:
40 CFR 412.46(a)(1)(ii) (2008),
New Source Performance Standards (NSPS).
40 CFR 412.46(a)(1)(vi) (2008),
New Source Performance Standards (NSPS).
"Agricultural Waste Management
Field Handbook", United States Department of Agriculture, Natural
Resources Conservation Service (2009). Available from USDA, NRCS, 1400
Independence Ave., S.W., Washington, DC 20250.
b) This Section incorporates no later editions or amendments.
(Source: Amended at 48 Ill. Reg. 3170,
effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.201 DEFINITIONS
Section 501.201 Definitions
a) Except as otherwise stated in this Part, and unless a
different meaning of the term is clear from its context, the definitions of
terms used in this Chapter are the same as those used in the Act and 35 Ill.
Adm. Code: Subtitle C, Chapter I.
b) The definitions contained in this Subpart apply to 35 Ill.
Adm. Code 501, 502, and 503.
(Source: Amended at 48 Ill. Reg. 3170,
effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.205 ACT
Section 501.205 Act
The Illinois Environmental
Protection Act.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.210 ADMINISTRATOR
Section 501.210
Administrator
The Administrator of the United
States Environmental Protection Agency or his designee.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.215 AIR POLLUTION
Section 501.215 Air
Pollution
The presence in the atmosphere
of one or more contaminants in sufficient quantities and of such
characteristics and duration as to be injurious to human, plant or animal life,
to health, or to property, or to unreasonably interfere with the enjoyment of life
or property.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.220 AGENCY
Section 501.220 Agency
The Illinois Environmental
Protection Agency.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.223 ANIMAL CONFINEMENT AREA
Section 501.223 Animal Confinement Area
Animal confinement area includes open lots, housed lots,
feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking
centers, cowyards, barnyards, medication pens, walkers, animal walkways, and
stables.
(Source: Amended at 48 Ill. Reg. 3170,
effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.225 ANIMAL FEEDING OPERATION
Section 501.225 Animal
Feeding Operation
a) A lot or facility (other than an aquatic animal production
facility) where the following conditions are met:
1) Animals have been, are, or will be stabled or confined and fed
or maintained for a total of 45 days or more in any 12-month period, and
2) Crops, vegetation, forage growth, or post-harvest residues
that are grown in place are not sustained in the normal growing season over any
portion of the lot or facility.
b) Two or more animal feeding operations under common ownership
are considered to be a single animal feeding operation if they are adjacent to
each other or if they use a common area or system to dispose of wastes.
(Source: Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.230 ANIMAL UNIT
Section 501.230 Animal Unit
A unit of measurement for any
animal feeding operation calculated by adding the following animal numbers:
a) Brood cows and slaughter and feeder cattle multiplied by 1.0
b) Milking dairy cows multiplied by 1.4
c) Young dairy stock multiplied by 0.6
d) Swine weighing over 55 pounds multiplied by 0.4
e) Swine weighing under 55 pounds multiplied by 0.03
f) Sheep, lambs or goats multiplied by 0.1
g) Horses multiplied by 2.0
h) Turkeys multiplied by 0.02
i) Laying hens or broilers multiplied by 0.01 (if the facility
has continuous overflow watering)
j) Laying hens or broilers multiplied by 0.03 (if the facility
has a liquid manure handling system)
k) Ducks multiplied by 0.02
(Source: Added at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.235 BOARD
Section 501.235 Board
The Illinois Pollution Control
Board.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.236 CHEMICALS AND OTHER CONTAMINANTS
Section 501.236 Chemicals and Other Contaminants
Antibiotics, hormones, feed
additives, pesticides, hazardous and toxic chemicals, petroleum products and
by-products, other chemical products and by-products, and the residues and
containers of any of these materials.
(Source: Added at 38 Ill. Reg. 17661,
effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.238 CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)
Section 501.238 Concentrated Animal Feeding Operation
(CAFO)
An Animal Feeding Operation (AFO) that is defined as a Large
CAFO under 35 Ill. Adm. Code 502.103 or as a medium CAFO under 35 Ill. Adm.
Code 502.104, or that is designated as a CAFO under 35 Ill. Adm. Code 502.106.
(Source: Amended at 48 Ill. Reg. 3170,
effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.240 CONSTRUCTION
Section 501.240 Construction
Start of on-site fabrication,
erection, or installation.
(Source:
Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.241 CWA
Section 501.241 CWA
The Clean Water Act, as amended (33
USC 1251 et seq.).
(Source: Amended at 38 Ill. Reg. 17661,
effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.242 DRY LOT
Section 501.242 Dry lot
A facility for growing ducks in confinement with a dry
litter floor cover and no access to swimming areas.
(Source: Added at 38 Ill. Reg. 17661,
effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.244 EROSION FACTOR T
Section 501.244 Erosion Factor T
An estimate of the maximum average annual rate, in tons per
acre per year, of soil erosion by water that can occur without affecting crop
productivity over a sustained period.
BOARD NOTE: Erosion Factor T for Illinois soils is
available from the United States Department of Agriculture, Natural Resources
Conservation Service, Illinois Office, 2118 W. Park Court, Champaign IL 61821,
(217) 353-6676. The published soil surveys for Illinois are available at
http://www.nrcs.usda.gov.
(Source: Added at 38 Ill. Reg. 17661,
effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.245 EXISTING LIVESTOCK MANAGEMENT FACILITY AND LIVESTOCK WASTE-HANDLING FACILITY
Section 501.245 Existing
Livestock Management Facility and Livestock Waste-Handling Facility
Any livestock management
facility and livestock waste-handling facility, the construction or
modification which started before the effective date of this Chapter.
(Source:
Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.246 EXPANSION
Section 501.246 Expansion
Start of construction at a
livestock management facility or livestock waste-handling facility where the
fixed capital cost of the new components constructed within a 2-year period
exceeds 50% of a comparable entirely new facility’s fixed capital cost.
(Source: Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.248 FARM RESIDENCE
Section 501.248 Farm
Residence
Any residence on a farm owned or
occupied by the farm owners, operators, tenants, or seasonal or year-round
hired workers. For this definition, a "farm" is the land, buildings,
and machinery used in the commercial production of farm products, and
"farm products" are those plants and animals and their products that
are produced or raised for commercial purposes and include forages and sod
crops, grains and feed crops, dairy and dairy products, poultry and poultry
products, livestock, fruits, vegetables, flowers, seeds, grasses, trees, fish,
honey and other similar products, or any other plant, animal, or plant or
animal product which supplies people with food, feed, fiber, or fur.
(Source: Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.250 FEEDLOT RUNOFF
Section 501.250 Feedlot
Runoff
Polluted liquid flowing from any
animal feeding operation caused by precipitation or other water sources falling
on or flowing onto an animal feeding operation.
(Source: Amended at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.252 FROZEN GROUND
Section 501.252 Frozen Ground
Soil that is frozen anywhere between the first ½ inch to 8
inches of soil as measured from the ground surface.
(Source: Added at 38 Ill. Reg. 17661,
effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.253 GRASSED WATERWAY
Section 501.253 Grassed Waterway
A natural or constructed waterway or outlet shaped or graded
and established in suitable vegetation as needed for the conveyance of runoff
from a field, diversion or other structure.
(Source: Added at 38 Ill. Reg. 17661,
effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.254 GROUNDWATER
Section 501.254 Groundwater
Underground water which occurs within the saturated zone
and geologic materials where the fluid pressure in the pore space is equal to
or greater than atmospheric pressure [415 ILCS 5/3.210].
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.255 HOLDING POND
Section 501.255 Holding Pond
Any excavated, diked or walled
structure or combination of structures designed for the interception and
temporary storage of feedlot runoff.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.260 IMPERMEABLE
Section 501.260 Impermeable
Not permitting significant
passage of fluids under the usual pressure differences found in constructed
livestock waste-handling facilities.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.261 INCORPORATION
Section 501.261 Incorporation
A method of land application of livestock waste in which the
livestock waste is thoroughly mixed or completely covered with the soil
within 24 hours. Any ponded liquid livestock waste remaining on the site after
application is not considered to be thoroughly mixed or completely covered
with the soil.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.263 INJECTION
Section 501.263 Injection
The placement of livestock waste 4 to 12 inches below the
soil surface in the crop root zone using equipment specifically designed for
that purpose, when the applied material is retained by the soil.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.265 LAGOON
Section 501.265 Lagoon
Any excavated, diked or walled
structure or combination of structures designed for biological stabilization
and storage of livestock wastes.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.267 LAND APPLICATION AREA
Section 501.267 Land Application Area
Land under the control of an Animal Feeding Operation owner
or operator, whether it is owned, rented or leased, to which livestock waste
from the production area is or may be applied.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.270 LEACHATE
Section 501.270 Leachate
Waters containing materials
removed from livestock waste.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.274 LIQUID LIVESTOCK WASTE
Section 501.274 Liquid
Livestock Waste
Livestock waste which can be
spread with a conventional liquid manure spreader. This includes pit manures,
lagoon manures, holding pond or tank manures, and any other livestock waste
consisting of less than 20% solids concentration.
(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.275 LIQUID MANURE-HOLDING TANK
Section 501.275 Liquid
Manure-Holding Tank
Any fabricated structure, with
or without a cover, either formed in place or transported to the site, used for
containing liquid livestock wastes.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.280 LIVESTOCK
Section 501.280 Livestock
Farm animals kept or raised for
food, profit, use or pleasure to include the species fowl, ovine, caprine,
bovine, porcine, equine and other commercially produced animals and operations
such as mink, rabbit, etc.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.285 LIVESTOCK MANAGEMENT FACILITY
Section 501.285 Livestock
Management Facility
Any animal feeding operation,
livestock shelter or on-farm milking and accompanying milk-handling area.
(Source: Amended at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.290 LIVESTOCK SHELTER
Section 501.290 Livestock
Shelter
Any covered structure, including
livestock houses or barns, in which livestock are enclosed at any time.
(Source: Amended at 48 Ill. Reg. 3170,
effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.295 LIVESTOCK WASTE
Section 501.295 Livestock
Waste
Manure, litter, process
wastewater, overflow from watering systems, wash waters, sprinkling waters from
livestock cooling, precipitation polluted by falling on or flowing onto an Animal
Feeding Operation, and other materials polluted by livestock, including soils
and sludges removed from livestock waste storage structures. Livestock waste
does not include agricultural stormwater discharge.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.300 LIVESTOCK WASTE-HANDLING FACILITY
Section 501.300 Livestock
Waste-Handling Facility
Individually or collectively
those constructions or devices, except sewers, used for collecting, pumping,
treating, or disposing of livestock waste or for the recovery of by-products
from livestock waste. The facility includes acceptable disposal areas, such as
pasture or other suitable agricultural land, which can serve as an adequate
filtering device to settle out and assimilate pollutants from livestock waste
before the clarified water reaches a stream or other body of surface water or
groundwater.
(Source: Amended at 48 Ill. Reg. 3170,
effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.305 MAN-MADE
Section 501.305 Man-made
Constructed by man.
(Source: Amended at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.310 MAN-MADE DITCH
Section 501.310 Man-made
Ditch
A discrete fissure or channel
excavated in the earth.
(Source: Amended at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.312 MANURE
Section 501.312 Manure
Animal excreta, bedding, compost and raw materials or other
materials commingled with manure or set aside for disposal.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.313 MANURE STORAGE AREA
Section 501.313 Manure Storage Area
Includes lagoons, runoff ponds, storage sheds, stockpiles,
under-the-house or pit storages, liquid impoundments, static piles, and
composting piles.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.315 MANURE STORAGE STRUCTURE
Section 501.315 Manure
Storage Structure
Any permanent area or structure
which is impermeable and is used for stacking, storing or containment of
livestock waste.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.317 MAXIMUM FEASIBLE LOCATION
Section 501.317 Maximum
Feasible Location
Any location establishing a new
livestock management facility or new livestock waste-handling facility where
one of the following conditions exists:
a) The site is located closer to the livestock owner's or
operator's residence than to a neighboring farm or non-farm residence or
populated area; or
b) The site is adjacent to an existing livestock management
facility or livestock waste-handling facility, or is farther away from a
neighboring farm or non-farm residence or populated area than the existing
livestock management facility or livestock waste-handling facility, when the
livestock owner or operator does not reside on the farm where the livestock are
to be kept or raised; or
c) The site is accessible to roads, water, and electricity and is
at the farthest location from a neighboring farm or non-farm residence or
populated area; there is no existing livestock management facility or livestock
waste-handling facility on the site, and the livestock owner or operator does
not reside on the farm where the livestock are to be kept or raised.
(Source: Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.320 MODIFICATION
Section 501.320 Modification
The physical change in or
alteration in the method of operation of any livestock management facility or
livestock waste-handling facility that increases the livestock waste amount over
the level authorized by the NPDES permit.
(Source:
Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.325 NAVIGABLE WATERS (REPEALED)
Section 501.325 Navigable
Waters (Repealed)
(Source: Repealed at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.330 NEW LIVESTOCK MANAGEMENT FACILITY AND NEW LIVESTOCK WASTE-HANDLING FACILITY
Section 501.330 New
Livestock Management Facility and New Livestock Waste-Handling Facility
Any livestock management
facility or livestock waste-handling facility the construction or modification
of which is started after December 31, 1977.
(Source: Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.333 NEW SOURCE
Section 501.333 New Source
Any building, structure, facility, or installation from
which there is or may be a discharge of pollutants, the construction of which started
after either of the following dates:
a) after
the promulgation of standards of performance under Section 306 of the Clean
Water Act that apply to the source; or
b) after
the proposal of standards of performance in compliance with Section 306 of the
Clean Water Act that apply to the source, but only if the standards are
promulgated in compliance with Section 306 within 120 days after their
proposal.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.335 NPDES
Section 501.335 NPDES
The National Pollutant Discharge
Elimination System for issuing, establishing conditions for, and denying
permits under Section 402 of the CWA. All terms used regarding NPDES that have
been defined in the CWA or regulations adopted under the CWA have the meanings
specified in the CWA or those regulations, unless specifically noted otherwise.
(Source:
Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.340 NPDES PERMIT
Section 501.340 NPDES Permit
A permit issued under the NPDES.
(Source:
Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.342 NON-FARM RESIDENCE
Section 501.342 Non-farm
Residence
Any residence which is not a
farm residence.
(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.343 OVERFLOW
Section 501.343 Overflow
The discharge of livestock waste resulting from the filling
of livestock waste storage structures beyond the point at which livestock waste
or stormwater can no longer be contained by the structure.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.345 OWNER/ OPERATOR
Section 501.345 Owner/
Operator
Any person who owns, leases, operates,
controls or supervises a livestock management facility or livestock
waste-handling facility.
(Source: Amended at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.350 PERSON
Section 501.350 Person
Any individual, partnership,
co-partnership, firm, company, corporation, association, joint stock company,
trust, estate, political subdivision, state agency or any other legal entity,
or their legal representative, agent or assigns.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.355 POLLUTANT
Section 501.355 Pollutant
Dredged spoil, solid waste,
incinerator residue, filter backwash, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and industrial,
municipal and agricultural waste discharged into water, as defined in CWA.
(Source: Amended at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.356 POPULATED AREA
Section 501.356 Populated
Area
Any area where at least ten (10)
inhabited non-farm residences or at least fifty (50) persons frequenting a
common place of assembly or a non-farm business at least once per week.
(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.357 PROCESS WASTEWATER
Section 501.357 Process Wastewater
Water directly or indirectly used in the operation of the Animal
Feeding Operation for any of the following activities: spillage or overflow
from animal or poultry watering systems; washing, cleaning, or flushing pens,
barns, manure pits, or other Animal Feeding Operation facilities; direct
contact swimming, washing, or spray cooling of animals; or dust control. It
also includes any water that comes into contact with any raw materials,
products, or byproducts, including manure, litter, feed, milk, eggs or bedding.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.358 PRODUCTION AREA
Section 501.358 Production Area
The part of an Animal Feeding Operation that includes the
animal confinement area, the manure storage area, the raw materials storage
area, and the waste containment areas. Also included in the definition of
production area is any egg washing or egg processing facility, and any area
used in the storage, handling, treatment, or disposal of mortalities.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.359 RAW MATERIALS STORAGE AREA
Section 501.359 Raw Materials Storage Area
Includes feed silos, silage bunkers, and bedding materials
stacks.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.360 REVISED UNIVERSAL SOIL LOSS EQUATION VERSION 2 (RUSLE2)
Section 501.360 Revised
Universal Soil Loss Equation Version 2 (RUSLE2)
a) The equation for calculating soil loss
due to erosion is as follows:

Where:
|
ai
|
=
|
long-term average soils loss for the ith
day;
|
|
|
|
|
|
riri
|
=
|
erosivity factor;
|
|
|
|
|
|
ki
|
=
|
soil erodibility factor;
|
|
|
|
|
|
li
|
=
|
soil length factor;
|
|
|
|
|
|
S
|
=
|
soil steepness factor;
|
|
|
|
|
|
ci
|
=
|
cover management factor; and
|
|
|
|
|
|
pi
|
=
|
supporting practices factor,
|
|
|
|
|
|
all on the ith day, except for slop
steepness factor (S).
|
b) The average annual soil
loss is computed as follows:

Where:
|
A
|
=
|
average annual soil loss.
|
|
|
|
|
|
365m
|
=
|
number of days per year.
|
|
|
|
|
|
m
|
=
|
number of years in the analysis period. The value
for m is 1 for continuous vegetation on range, pasture, and other lands,
where conditions are the same year after year, while m = the number of years
of cropping management rotations on cropland and the number of years
following a disturbance such as construction, logging, grading of a reclaimed
surface mine, or closing of a land fill where conditions are changing year to
year.
|
BOARD NOTE: Soil loss may
be calculated using Revised Universal Soil Loss Equation 2 (RUSLE2) software
program available at http://fargo.nserl.purdue.edu/rusle2_dataweb/
RUSLE2_Index.htm.
Additional information may be obtained from the United States Department of
Agriculture, Agricultural Research Services, 1400 Independence Avenue, S.W.,
Washington DC 20250, (202) 720-3656.
(Source: Amended at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.361 SATURATED
Section 501.361 Saturated
Soils in which pore spaces are occupied by liquid to the
extent that additional inputs of water or liquid wastes cannot infiltrate into
the soil.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.363 SETBACKS
Section 501.363 Setbacks
A specified distance from surface waters or potential
conduits to surface waters where livestock waste may not be land applied.
Examples of conduits to surface waters include open tile intake structures,
sinkholes, and agriculture well heads.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.365 SILVICULTURAL POINT SOURCE
Section 501.365
Silvicultural Point Source
Any discernible, confined, and
discrete conveyance related to rock crushing, gravel washing, log sorting, or
log storage facilities that is operated for silvicultural activities and from
which pollutants are discharged into navigable waters.
(Source: Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.370 STANDARD OF PERFORMANCE
Section 501.370 Standard of
Performance
A standard for the control of
the discharge of pollutants reflecting the greatest degree of effluent
reduction that the Administrator determines to be achievable through applying
the best available demonstrated control technology, processes, operating
methods, or other alternatives, including, where practicable, a standard
permitting no discharge of pollutants, as defined in Section 306 of CWA.
(Source:
Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.372 SUPERNATANT
Section 501.372 Supernatant
The liquid portion of the
livestock waste that overlies deposited or settled solids that are stored in a
tank or lagoon.
(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.373 SURFACE LAND APPLICATION
Section 501.373 Surface Land Application
Application of livestock waste to the ground surface that is
not incorporated or injected.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.375 TEMPORARY MANURE STACK
Section 501.375 Temporary
Manure Stack
Any mound or stack resulting
from the emergency or seasonal piling of livestock wastes.
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.377 VEGETATIVE BUFFER
Section 501.377 Vegetative Buffer
A narrow, permanent strip of dense
perennial vegetation established parallel to the land contours and
perpendicular to the field’s dominant slope for slowing water runoff, enhancing
water infiltration, and minimizing the risk of any potential nutrients or
pollutants from leaving the field and reaching surface waters.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.378 VEGETATIVE FENCE ROW
Section 501.378 Vegetative Fence Row
Narrow, permanent strip of perennial vegetation established
at the edge of a field that is a minimum of 15 feet wide. The vegetative fence
row slows water runoff and enhances water infiltration, reducing the risk of
pollutants leaving the field.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.379 WASTE CONTAINMENT AREA
Section 501.379 Waste Containment Area
Includes settling basins and areas within berms and
diversions that separate uncontaminated stormwater from livestock waste.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.380 WATER POLLUTION
Section 501.380 Water
Pollution
The alteration of the physical,
thermal, chemical, biological, or radioactive properties of any waters of the
State, or the discharge of any contaminant into any waters of the State, as
will or is likely to create a nuisance or render those waters harmful or
detrimental or injurious to public health, safety, or welfare, to domestic,
commercial, industrial, agricultural, recreational, or other legitimate uses,
or to humans, livestock, wild animals, birds, or fish or other aquatic life.
(Source:
Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.385 WET LOT
Section 501.385 Wet Lot
A confinement facility for raising ducks that is open to the
environment, has a small number of sheltered areas, and has open water runs and
swimming areas to which ducks have free access.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.390 25-YEAR, 24-HOUR PRECIPITATION EVENT
Section 501.390 25-Year, 24-Hour Precipitation Event
The maximum 24-hour precipitation event with a probable
recurrence interval of once in 25 years, as defined by NOAA Atlas 14;
Precipitation Frequency Atlas of the United States, incorporated by reference
in Section 501.200.
(Source: Added at 38 Ill. Reg.
17661, effective August 11, 2014)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.395 100-YEAR, 24-HOUR PRECIPITATION EVENT
Section 501.395 100-Year, 24-Hour Precipitation Event
The maximum 24-hour precipitation
event with a probable recurrence interval of once in 100 years, as defined by
NOAA Atlas 14; Precipitation Frequency Atlas of the United States, incorporated
by reference in Section 501.200.
(Source: Added at 38 Ill.
Reg. 17661, effective August 11, 2014)
SUBPART C: OPERATIONAL RULES FOR ALL LIVESTOCK MANAGEMENT FACILITIES AND LIVESTOCK WASTE-HANDLING FACILITIES
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.401 PURPOSE AND SCOPE OF OPERATIONAL RULES FOR LIVESTOCK MANAGEMENT FACILITIES AND LIVESTOCK WASTE-HANDLING FACILITIES
Section 501.401 Purpose
and Scope of Operational Rules for Livestock Management Facilities and
Livestock Waste-Handling Facilities
a) Besides the regulations contained within this Chapter, every
person must also comply with the Act and other Board regulations.
b) The owner or operator of any livestock management facility or
livestock waste-handling facility must comply with the CWA, NPDES filing
requirements, and the feedlot category of point source effluent guidelines. All
livestock management facilities and livestock waste-handling facilities must
determine whether the facility is subject to NPDES permit requirements and
follow those requirements when and where they apply. CAFOs are subject to
additional requirements applicable under 35 Ill. Adm. Code 502.
c) This Subpart applies to stockyards and similar operations
where animals are held briefly, as well as to conventional livestock
operations.
d) The transportation of livestock wastes must be planned and
conducted so as not to cause, threaten, or allow any violation of the Act and
applicable regulations.
e) Any runoff or overflow from a livestock management facility or
a livestock waste-handling facility must not cause a water quality violation under
the Act or 35 Ill. Adm. Code Subtitle C: Water Pollution.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.402 LOCATION OF NEW LIVESTOCK MANAGEMENT FACILITIES AND NEW LIVESTOCK WASTE-HANDLING FACILITIES
Section 501.402 Location of
New Livestock Management Facilities and New Livestock Waste-Handling Facilities
a) A new livestock management facility or new livestock
waste-handling facility must not contain within its boundaries any stream or
other surface waters except small temporary accumulations of water occurring as
a direct result of precipitation.
b) New livestock management facilities and new livestock
waste-handling facilities located within a 10-year flood height as recorded by
the United States Geological Survey or as officially estimated by the Illinois
State Water Survey must be protected against that flood.
c) Limitations Effective July 15, 1991
1) Upon July 15, 1991, new or expanded livestock management
facilities and new or expanded livestock waste-handling facilities must not be
located within ½ mile of a populated area or ¼ mile of a non-farm residence.
2) For subsection (c), the following are not considered locating
a new or expanded livestock management or waste-handling facility:
A) Starting operations at an idle facility that has livestock
shelters left intact and that has been operated as a livestock management
facility or livestock waste-handling facility for four consecutive months at
any time within the 10 previous years;
B) Starting operations at a facility reconstructed after partial
or total destruction due to natural causes, i.e., tornado, fire, or earthquake.
3) Adequate odor control methods and technology must be practiced
by operators of new and existing livestock management facilities and livestock
waste-handling facilities so as not to cause air pollution.
d) The setback requirements of subsection (c) do not apply to any
livestock management facility or livestock waste-handling facility that meets
any of the following conditions:
1) The facility is located in an agricultural area, so designated
under the Agricultural Areas Conservation and Protection Act, [505 ILCS 5];
2) The facility undergoes expansion, and the facility owner certifies
and notifies the Agency in writing that the facility was operating as a
livestock management facility or livestock waste-handling facility for at least
one year before the existence of any non-farm residence within ¼ mile of the
facility or of a populated area within ½ mile of the facility; or
3) The use of the facility as a livestock management or livestock
waste-handling facility is allowed by local zoning or municipal ordinance. If
no local zoning or municipal ordinance exists that covers that use, the
facility is exempt if the livestock are not raised or kept at the facility
primarily for hire or the raising or keeping of livestock at the facility does
not have financial profit as a primary aim.
e) A new livestock management facility or new livestock
waste-handling facility that locates within ¼ mile of a neighboring farm
residence must locate at the maximum feasible location from that residence.
f) A new livestock management facility or new livestock
waste-handling facility that locates within ¼ mile of a non-farm residence or ½
mile of a populated area, as allowed by subsection (d), must locate at the
maximum feasible location from the residence or populated area.
g) New livestock management facilities or new livestock
waste-handling facilities located on soil types or geological formations where
the deposition of livestock waste is likely to cause groundwater pollution must
be constructed in such a way that pollution will be prevented, or supplementary
measures must be adopted that will prevent pollution.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.403 PROTECTION OF LIVESTOCK MANAGEMENT FACILITIES AND LIVESTOCK WASTE-HANDLING FACILITIES
Section 501.403 Protection
of Livestock Management Facilities and Livestock Waste-Handling Facilities
a) Existing livestock management facilities and livestock
waste-handling facilities must have adequate diversion dikes, walls, or curbs
that will prevent excessive outside surface waters from flowing through the
animal feeding operation and will direct runoff to an appropriate disposal,
holding, or storage area. The diversions are required on all these structures
unless there is negligible outside surface water that can flow through the
facility or the runoff is tributary to an acceptable disposal area or a livestock
waste-handling facility. If inadequate diversions cause or threaten to cause a
violation of the Act or applicable regulations, the Agency may require
corrective measures.
b) New livestock management facilities and livestock
waste-handling facilities must have adequate diversions, dikes, walls, or curbs
that will prevent excessive outside surface runoff waters from flowing through
the animal feeding operation and will direct runoff to an appropriate disposal,
holding, or storage area. The diversions are required on all these structures
unless there is negligible outside surface water that can flow through the
facility or the runoff is tributary to an acceptable disposal area or a
livestock waste-handling facility. A holding pond must be capable of storing a
volume equal to or exceeding the animal feeding operation's area, plus any
tributary area that is not part of the animal feeding operation (including roof
area if tributary to the facility), multiplied by 12 inches for runoff from
earthen areas or 15 inches for runoff from concrete areas unless the operator
has justifiable reasons substantiating that a lesser storage volume is
adequate. If inadequate storage volumes cause or threaten to cause a violation
of the Act or applicable regulations, the Agency may require corrective
measures. The storage volume of the containment facility must never be less
than the 25-year 24-hour storm effluent guidelines as required by the new
source performance standards of the U.S. Environmental Protection Agency in 40
CFR 412.
(Source: Amended at 48 Ill. Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.404 HANDLING AND STORAGE OF LIVESTOCK WASTE
Section 501.404 Handling and
Storage of Livestock Waste
a) Any livestock waste stored for more than six months must be
contained in a manure storage structure.
b) Temporary Manure Stacks
1) A temporary manure stack is a potential secondary source, as
defined by the Act. As a potential secondary source, a temporary manure stack
is subject to the minimum setback zones established in Title IV of the Act.
2) A temporary manure stack must not be located within 75 feet of
any water well, except monitoring wells.
3) A temporary manure stack must be constructed or established
and maintained in a manner to prevent runoff and leachate from entering surface
waters or groundwaters. A cover and pad or other control must be provided to
prevent runoff and leachate from entering surface waters and groundwater.
c) Livestock Waste-Holding Facilities
1) Liquid manure-holding tanks must be impermeable and capable of
withstanding pressures and loadings to which those tanks may be subjected.
2) Holding ponds and lagoons must be impermeable or so sealed as
to prevent groundwater or surface water pollution.
3) For livestock management facilities and livestock waste-handling
facilities that are not required to obtain an NPDES permit, the contents of
livestock waste-handling facilities must be kept at levels such that there is
adequate storage capacity so that an overflow does not occur except in the case
of precipitation exceeding a 25-year 24-hour storm.
4) Liquid Livestock Waste
A) Existing livestock management facilities that handle the waste
in a liquid form must have adequate storage capacity in a liquid manure-holding
tank, lagoon, holding pond, or any combination so as not to cause air or water
pollution as defined in the Act or applicable regulations. If inadequate
storage time causes or threatens to cause a violation of the Act or applicable
regulations, the Agency may require that additional storage time be provided.
In those cases, interim pollution prevention measures may be required by the
Agency.
B) New livestock waste-handling facilities that handle the waste
in a liquid form must provide a minimum of 120-day storage with a liquid
manure-holding tank, lagoon, holding pond, or any combination unless the
operator has justifiable reasons substantiating that a lesser storage volume is
adequate. If inadequate storage volumes cause or threaten to cause a violation
of the Act or applicable regulations, the Agency may require corrective
measures.
d) Runoff Field Application Systems
Any livestock
management facility not meeting the definition of a CAFO in Section 501.238 may
construct and operate a runoff field application system for treating livestock
waste from fewer than 300 animal units, complying with 35 Ill. Adm. Code 570,
in lieu of utilizing liquid manure-holding tanks, holding ponds, or lagoons in
compliance with subsection (c) or other livestock waste-handling systems that
would assure compliance with the Act and this Subtitle E.
e) Subsections (a) through (d) do not apply to livestock
management facilities with fifty (50) or fewer animal units if the following
conditions exist:
1) The facility's location relative to the waters of the State is
such that there is no discharge of livestock waste into the waters of the
State, in violation of Section 12 of the Act;
2) There is no discharge of livestock waste into the waters of
the State through a human-made ditch, flushing system, or similar human-made
device, in violation of Section 12 of the Act; and
3) The facility is managed so that livestock waste is not allowed
to accumulate to an extent that threatens to cause a discharge into the waters
of the State, in violation of Section 12 of the Act.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION CHAPTER I: POLLUTION CONTROL BOARD
PART 501
GENERAL PROVISIONS
SECTION 501.405 FIELD APPLICATION OF LIVESTOCK WASTE
Section 501.405 Field
Application of Livestock Waste
a) For livestock management facilities and livestock waste-handling
facilities that are not required to obtain an NPDES permit, the quantity of
livestock waste applied on soils must not exceed a practical limit as
determined by soil type, especially its permeability, the soil condition
(frozen or unfrozen), the percent slope of the land, cover mulch, proximity to
surface waters and likelihood of reaching groundwater, and other relevant
considerations. These livestock waste application guidelines will be adopted under
35 Ill. Adm. Code 502.305, unless otherwise provided for by Board regulations. Facilities
required to obtain an NPDES permit are subject to the requirements in 35 Ill.
Adm. Code 502.Subpart F. Unpermitted Large CAFOs claiming an agricultural
stormwater exemption must comply with 35 Ill. Adm. Code 502.102 and the
practices listed in Section 502.510(b) to qualify for the exemption.
b) Operators of livestock waste-handling facilities must practice
odor control methods during manure removal and field application so as not to
affect a neighboring farm or non-farm residence or populated area by causing
air pollution as described in Section 501.102(d). Odor control methods include:
1) Soil injection or other methods of incorporation of waste into
the soil, including disking or plowing;
2) Consideration of climatic conditions, including wind direction
and inversions;
3) For liquid livestock waste: whether supernatant used for
irrigation purposes has been stored in a livestock waste lagoon system that complies
with "Design of Anaerobic Lagoons for Animal Waste Management", as
incorporated by reference at Section 501.200.
4) Other methods as described in "Management of Manure
Odor", as incorporated by reference at Section 501.200.
(Source: Amended at 48 Ill.
Reg. 3170, effective February 15, 2024)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|