TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.101 NPDES PERMIT REQUIREMENT AND DUTY TO MAINTAIN PERMIT COVERAGE
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)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.102 LAND APPLICATION DISCHARGES AND AGRICULTURAL STORMWATER
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.103 LARGE CAFOS
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.104 MEDIUM CAFOS
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.105 SMALL CAFOS
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.106 CASE-BY-CASE DESIGNATION REQUIRING NPDES PERMITS
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
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.201 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)
ADMINISTRATIVE CODE TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502 PERMITS
SECTION 502.202 PERMIT APPLICATION SUBMISSIONS
Section 502.202 Permit
Application Submissions
All permit applications must be
mailed or delivered to Illinois Environmental Protection Agency, Bureau of
Water, 2520 West Iles Avenue, PO Box 19276, Springfield, Illinois 62794-9276.
(Source: Amended at 49 Ill. Reg. 12691,
effective September 23, 2025)
|
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.203 NEW APPLICATIONS (REPEALED)
Section 502.203 New
Applications (Repealed)
(Source: Repealed at 38 Ill. Reg. 17687,
effective August 11, 2014)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.204 RENEWAL
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.205 NEW OPERATIONS (REPEALED)
Section 502.205 New
Operations (Repealed)
(Source: Repealed at 38 Ill. Reg. 17687,
effective August 11, 2014)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.206 SIGNATURES
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.207 DISCLOSURE REQUIRED FOR LAND TRUSTS
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
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.301 STANDARDS FOR ISSUANCE
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.302 DURATION OF PERMITS
Section 502.302 Duration of
Permits
NPDES permits will be issued for
fixed terms not to exceed five years.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.303 NEW SOURCE STANDARDS
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.304 ISSUANCE AND CONDITIONS
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.305 AGENCY CRITERIA
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.310 CAFOS SEEKING COVERAGE UNDER NPDES GENERAL PERMITS
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.315 CAFO PERMIT REQUIREMENTS
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.320 RECORDKEEPING REQUIREMENTS
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.325 ANNUAL REPORT
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
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.401 APPEALS FROM CONDITIONS IN PERMITS
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.402 DEFENSES
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.403 MODIFICATION OR TERMINATION OF PERMITS
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
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.500 PURPOSE, SCOPE, AND APPLICABILITY
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.505 NUTRIENT MANAGEMENT PLAN INFORMATION
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, 24th 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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.510 NUTRIENT MANAGEMENT PLAN REQUIREMENTS
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.515 TERMS OF NUTRIENT MANAGEMENT PLAN
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)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.520 CHANGES TO THE NUTRIENT MANAGEMENT PLAN
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
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.600 APPLICABILITY
Section 502.600 Applicability
a) This Subpart
provides livestock waste discharge limitations and technical standards for
permitted CAFOs. Permitted CAFOs must achieve the livestock waste discharge
limitations and technical standards in this Subpart by the permit coverage date.
This Subpart does not apply to CAFOs that stable or confine horses, sheep, or ducks.
CAFOs that stable or confine horses or sheep are subject to applicable
production area livestock waste discharge limitations and technical standards
found in Section 502.720. CAFOs that confine ducks in either a dry lot or wet lot
are subject to applicable production area livestock waste discharge limitations
and technical standards found in Section 502.730.
b) 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.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.605 LIVESTOCK WASTE DISCHARGE LIMITATIONS FOR THE PRODUCTION AREA FOR PERMITTED CAFOS
Section 502.605 Livestock Waste Discharge
Limitations for the Production Area for Permitted CAFOs
a) Except
as provided in subsections (a)(1), (a)(2), and (c), there must be no livestock
waste discharge into the waters of the United States from the CAFO production
area. Whenever precipitation causes an overflow of livestock wastes from the
containment or storage structure, livestock wastes in the overflow may be
discharged into the waters of the United States if:
1) The
production area is designed, constructed, operated, and maintained to contain
all livestock wastes, including the runoff and the direct precipitation from a
25-year, 24-hour precipitation event, except that, for
swine, poultry, or veal, large CAFOs that are new sources must comply with
Subpart H, and
2) The
production area is operated in accordance with the additional measures and
records required by Section 502.610.
b) Any point source
subject to this Subpart must achieve the livestock waste discharge limitations
in this Section by the permit coverage date.
c) Voluntary Alternative
Performance Standards. Any CAFO subject to this Subpart may request the Agency
to establish NPDES permit livestock waste discharge limitations based upon
site-specific alternative technologies that achieve a quantity of pollutants
discharged from the production area equal to or less than the quantity of
pollutants that would be discharged under the baseline performance standards as
provided by subsection (a).
1) In requesting
site-specific livestock waste discharge limitations to be included in the NPDES
permit, the CAFO owner or operator must submit a supporting technical analysis
and any other relevant information and data that would support those site-specific
livestock waste discharge limitations within the time frame the Agency provides.
2) The supporting
technical analysis must include calculating the quantity of pollutants
discharged, on a mass basis when appropriate, based on a site-specific analysis
of a system designed, constructed, operated, and maintained to contain all
livestock waste, including the runoff from a 25-year, 24-hour rainfall event.
3) The technical
analysis of the discharge of pollutants must include:
A) all daily inputs
to the storage system, including livestock waste, direct precipitation, and
runoff;
B) all daily outputs
from the storage system, including losses due to evaporation, sludge removal,
and wastewater removal for use on cropland at the CAFO or transport off-site;
C) a calculation
determining the predicted median annual overflow volume based on a 25-year period
of actual rainfall data applicable to the site;
D) site-specific
pollutant data, including nitrogen, phosphorus, BOD5, and total
suspended solids, for the CAFO from representative sampling and analyzing all
sources of input to the storage system, or other appropriate pollutant data;
and
E) predicted annual
average pollutant discharge, expressed, when appropriate, as a mass discharge
on a daily basis (lbs/day), and calculated considering subsections (c)(3)(A)
through (D).
4) The Agency may
request additional information to supplement the supporting technical analysis,
including inspecting the CAFO.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.610 ADDITIONAL MEASURES FOR CAFO PRODUCTION AREAS
Section 502.610 Additional Measures for CAFO
Production Areas
Each CAFO subject to this Subpart must implement the
following:
a) The CAFO owner
or operator must at all times properly operate and maintain all structural and
operational aspects of the facilities, including all systems for livestock
waste treatment, storage, management, monitoring, and testing.
b) Livestock within
a CAFO production area must not come into contact with the waters of the United
States.
c) Visual Inspections.
There must be routine visual inspections of the CAFO production area, including
the following:
1) Inspecting
weekly all stormwater diversion devices, runoff diversion structures, and
devices channeling contaminated stormwater to the wastewater and manure storage
and containment structure;
2) Inspecting water
lines daily in the production areas, including drinking water or cooling water
lines; and
3) Inspecting
livestock waste storage facilities weekly. The inspection will note the total
volume of materials in the liquid livestock waste storage facility using the
depth marker required in subsection (d).
d) Depth Marker.
All open-surface liquid livestock waste storage facilities must have a depth
marker that clearly indicates the minimum capacity necessary to contain the
runoff and direct precipitation of the 25-year, 24-hour rainfall event. In the
case of new sources subject to livestock waste discharge limitations
established under Section 502.830, all open surface livestock waste storage
structures associated with the sources must include a depth marker that clearly
indicates the minimum capacity necessary to contain the maximum runoff and
direct precipitation associated with the design storm used in sizing the
storage facility for no discharge.
e) Corrective Actions.
Any deficiencies found because of these inspections must be corrected as soon
as possible.
f) In addition to
the requirement in subsection (e), deficiencies not corrected within 30 days
must be accompanied by an explanation of the factors preventing immediate
correction.
g) Pollutant
discharge to the waters of the United States from dead livestock or dead animal
disposal facilities is prohibited. Dead livestock and water contaminated by
dead livestock must not be disposed of in the liquid manure storage structures,
egg wash wastewater facilities, egg processing wastewater facilities, or areas
used to hold products, by-products, or raw materials that are set aside for
disposal, or contaminated stormwater facilities, other than facilities used
solely to dispose of dead livestock.
h) Chemicals and
other contaminants must not be disposed of in any livestock waste or stormwater
storage or treatment system unless specifically designed to treat those chemicals
and other contaminants.
i) A CAFO owner or
operator utilizing an earthen lagoon or other earthen manure storage area or
waste containment area must inspect all berm tops, exterior berm sides, and
non-submerged interior berm sides for evidence of erosion, burrowing animal
activity, and other indications of berm degradation on a frequency of at least
once every week.
j) The CAFO owner or operator must periodically remove
livestock waste solids from liquid manure storage areas and the waste
containment area to continue operating the storage structures properly. Soils
that are contaminated with livestock waste removed from earthen manure storage
structures must be considered livestock waste.
k) Requirements Relating
to the Transfer of Livestock Waste to Other Persons
1) Before
transferring livestock waste to other persons, CAFOs must provide the recipient
of the livestock waste with the most current nutrient analysis.
2) The analysis provided
must be consistent with applicable requirements to sample livestock wastes in
Section 502.635(b).
3) CAFOs must
retain for five years records of the date, recipient name and address, and
approximate amount of livestock waste transferred to another person.
l) Livestock Waste
Storage Requirements
1) Livestock waste
storage structures at the CAFO production area must be designed to contain a
volume equal to or greater than the total volumes of the following:
A) the amount of
waste generated during a 180-day period of operation at design capacity;
B) the runoff
volumes generated during a 180-day period, including all runoff and
precipitation from lots, roofs, and other surfaces where precipitation is
directed into the storage structure;
C) the volume of all
wash-down liquid generated during the 180-day period that is directed into the
manure storage structure;
D) the volume of
runoff and precipitation directed to the storage structure during a 25-year, 24-hour
storm event;
E) the design volatile
solids loading volume, if applicable;
F) the sludge
accumulation volume, if applicable; and
G) a freeboard of 2
feet, except for structures with a cover or otherwise protected from
precipitation.
2) The storage
volume requirements in this subsection (l) do not apply to pump stations,
settling tanks, pumps, piping, or other components of the CAFO production area
that temporarily hold or transport waste to a storage facility meeting this
subsection (l).
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.615 NUTRIENT TRANSPORT POTENTIAL
Section 502.615 Nutrient Transport Potential
a) Field Assessment.
An individual field assessment of the potential for nitrogen and phosphorus
transport from the field to surface waters must be conducted and the results
contained in the nutrient management plan. The following factors must be
identified for each field to determine nitrogen and phosphorus transport
potential to the waters of the United States.
1) Soil
type;
2) Slope;
3) Conservation
practices;
4) Soil
erodibility or potential for soil erosion;
5) Soil
test phosphorus;
6) Tile
inlet locations;
7) Distance
to surface waters;
8) Proximity
to wells;
9) Location
of conduits to surface water, including preferential flow paths; and
10) Subsurface
drainage tiles.
b) The applicant must
use the field assessment information obtained in subsection (a) to determine
the appropriate phosphorus-based or nitrogen-based application rate for each
assessed field. The determination must comply with subsection (c) or (d) and
Sections 502.620, 502.625, 502.630, and 502.635.
c) Nitrogen-based
application of livestock waste must comply with the following requirements:
1) livestock waste application
must comply with the setback requirements in Section 502.645;
2) available soil
phosphorus (median Bray P1 or Mehlich 3 using Recommended Chemical Soil Test
Procedures for the North Central Region, incorporated by reference in 35 Ill.
Adm. Code 501.200) is equal to or less than 300 pounds per acre;
3) the soil loss
calculated using the Revised Universal Soil Loss Equation 2 (RUSLE2) is less
than the Erosion Factor T;
BOARD NOTE: Soil loss may be calculated using the
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 Service, 1400 Independence Avenue, S.W.,
Washington DC 20250, (202) 720-3656. 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) 353-6600. The published soil surveys for Illinois are available at
http://www.nrcs.usda.gov.
4) if conduits on
the field are less than 400 feet from surface waters, the setback requirements
in Section 502.645(b)(2) do not apply. Instead, the following setbacks apply:
A) Livestock
waste application must be conducted no closer than:
i) 150
feet from a tile inlet, agricultural well head, sinkhole, or edge of a ditch
that has no vegetative buffer; or
ii) 50 feet from a
tile inlet, agricultural well head, sinkhole, or edge of a ditch that has a 50-foot
vegetative buffer or 50 feet from the center of a grass waterway;
B) These setbacks do
not apply if the CAFO demonstrates to the Agency that a setback or buffer is
not necessary because implementing alternative conservation practices
(including injection and incorporation) or field-specific conditions will
provide pollutant reductions equivalent to or better than the reductions that
would be achieved by the 150-foot setback under subsection (c)(4)(A)(i) or the
50-foot setback under subsection (c)(4)(A)(ii);
5) if conduits on
the field are more than 400 feet from surface waters, the setback requirements
in subsection (c)(4) do not apply;
6) where surface
waters are on the assessed field or within 200 feet of the field, the livestock
waste applied to the field must be injected or incorporated within 24 hours after
the application or equivalent conservation practices must be installed and
maintained on the field under USDA-NRCS practice standards; and
7) if
nitrogen-based application cannot be conducted under this subsection (c), then
phosphorus-based application must be conducted as specified in subsection (d).
d) Phosphorus-based
application of livestock waste must comply with the following requirements:
1) livestock waste application
must comply with the setback requirements in Section 502.645;
2) the livestock
waste application rate must not exceed the annual agronomic nitrogen demand of the
next crop grown as provided in Section 502.625(a);
3) if the soil
contains greater than 50 pounds of available soil phosphorus per acre (median
Bray P1 or Mehlich 3 in accordance with Recommended Chemical Soil Test
Procedures for the North Central Region, incorporated by reference in 35 Ill.
Adm. Code 501.200), phosphorus-based application rates must maintain or lower
the soil test phosphorus during the nutrient management plan period;
4) if the soil
contains greater than 300 pounds of available soil phosphorus per acre (median
Bray P1 or Mehlich 3 in accordance with Recommended Chemical Soil Test
Procedures for the North Central Region, incorporated by reference in 35 Ill.
Adm. Code 501.200), the amount of phosphorus applied in the livestock waste must
not exceed the amount of phosphorus next year's crop grown and harvested
removes; and
5) livestock waste must
not be applied to fields with available soil phosphorus (median Bray P1 or
Mehlich 3 in accordance with Recommended Chemical Soil Test Procedures for the
North Central Region, incorporated by reference in 35 Ill. Adm. Code 501.200)
greater than 400 pounds per acre.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.620 PROTOCOLS TO LAND APPLY LIVESTOCK WASTE
Section 502.620 Protocols to Land Apply Livestock
Waste
a) Livestock wastes must not be applied to the waters of the
United States. Livestock waste application must not cause runoff into the
waters of the United States during non-precipitation events. Livestock waste
application must not occur on land that is saturated at the time of
application. Livestock waste must not be applied onto land with ponded water.
b) Discharge of
livestock waste to waters of the United States or off-site during dry weather
through subsurface drains is prohibited.
c) Livestock waste must
not be applied during precipitation when runoff of livestock waste will be
produced.
d) Surface land
application of livestock waste must not occur within 24 hours preceding a precipitation
forecast of 0.5 inches or more in a 24-hour period as measured in liquid form.
The CAFO owner or operator must use one of the following two methods for
determining whether these conditions exist and must maintain a record of the
forecast from the source used.
1) A prediction of
a 60 percent or greater chance of 0.5 inches or more of precipitation in a 24-hour
period as measured in liquid form, obtained from the National Weather Service's
Meteorological Development Laboratory, Statistical Modeling Branch, 1325 East
West Highway, Silver Spring MD 20910 for the location nearest to the land
application area; or
BOARD NOTE: The prediction in subsection (d)(1)
may be obtained from the National Weather Service at https://www.wpc.ncep.noaa.gov/pqpf/conus_hpc_pqpf.php
2) A prediction of
0.5 inches or more of precipitation in a 24 hour period as measured in liquid
form and identified as higher than Quantitative Precipitation Forecast (QPF)
category 3, obtained from the National Weather Service's Meteorological
Development Laboratory, Statistical Modeling Branch, 1325 East West Highway, Silver
Spring MD 20910 for the land application area location.
BOARD NOTE: The prediction in subsection
(d)(2) may be obtained from the National Weather Service at http://www.wpc.ncep.noaa.gov/qpf/qpf2.shtml.
e) Determination of
soil loss must be made for each field using Revised Universal Soil Loss
Equation 2 (RUSLE2).
BOARD NOTE: Soil loss may be calculated
using the 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 Service, 1400 Independence Avenue, S.W.,
Washington DC 20250, (202) 720-3656
f) Surface land
application may be used when the land slope is no greater than 5% or when the yearly
average soil loss calculated using RUSLE2 is equal to or less than 5 tons per
acre per year or Erosion Factor T, whichever is less, regardless of slope.
Injection or incorporation within 24 hours must be used when the land slope is
greater than 5% and the yearly average soil loss calculated using RUSLE2 is
greater than 5 tons per acre per year or Erosion Factor T, whichever is less.
Fields with varying or steep slopes must be divided into separate areas for
calculating yearly average soil loss using RUSLE2 to comply with this
subsection.
BOARD NOTE: Soil loss may be calculated
using the RUSLE2 software program available at http://fargo.nserl.purdue.edu/rusle2_dataweb/RUSLE2_Index.htm.
Additional information on RUSLE2 may be obtained from the United States
Department of Agriculture, Agricultural Research Services, 1400 Independence
Avenue, S.W., Washington DC 20250, (202) 720-3656. 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) 353-6600. The published soil surveys for Illinois
are available at http://www.nrcs.usda.gov.
g) Land application
of livestock waste is prohibited on slopes greater than 15%.
h) Liquid livestock
waste must not be applied to land with less than 36 inches of soil covering
fractured bedrock, sand, or gravel. The depth of soil cover may be determined
by using NRCS soil surveys, Illinois State Geological Survey well logs, or soil
probes.
i) Livestock waste
must not be applied to bedrock outcrops.
j) Livestock waste
must be applied at no greater than 50 percent of the agronomic nitrogen rate
determined under Section 502.625 when there is less than 60 inches of
unconsolidated material over bedrock. The depth of unconsolidated material may
be determined by using NRCS surveys, Illinois State Geological Survey well
logs, or soil probes.
k) Livestock waste must
be applied at no greater than 50 percent of the agronomic nitrogen rate
determined under Section 502.625 when the minimum soil depth to seasonal high
water table is less than or equal to 2 feet. The depth of soil to the seasonal
high water table may be determined by using information from NRCS soil surveys,
soil probes, and water table levels from Illinois State Geological Survey well
log data or well points.
l) Livestock waste
must not be applied at rates that exceed the infiltration rates of the soil.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.625 DETERMINATION OF LIVESTOCK WASTE APPLICATION RATES
Section 502.625 Determination of Livestock Waste
Application Rates
a) Livestock
waste application must not exceed the agronomic nitrogen rate, which is defined
as the annual application rate of nitrogen that can be expected to be required
for a realistic crop yield goal. Multi-year phosphorus application is allowed
when the application is specified in a nutrient management plan and meets the
requirements in Section 502.615. Any application must be consistent with
nutrient management plan requirements. The agronomic rate must be determined
in a manner consistent with this Section and Section 502.615.
b) Livestock Waste
Volumes. The estimate of the annual volume of available livestock waste for
application must be obtained by multiplying the number of animals constituting
the maximum design capacity of the facility by the appropriate amount of waste the
animals generate. For this Section, "maximum design capacity"
means the maximum number of animals that can be housed at any time for a
minimum of 45 days at a CAFO. The following sources may be used to obtain the
amount of waste generated:
1) Livestock Waste
Facilities Handbook, Third Edition, Table 2-1, incorporated by reference at 35
Ill. Adm. Code 501.200(a);
2) 35 Ill. Adm.
Code 560.Table 1;
3) Manure
Characteristics, 2nd ed., 2004 (MWPS-18 Section 1), MidWest Plan
Service, incorporated by reference at 35 Ill. Adm. Code 501.200(a); and
4) NRCS
Agricultural Waste Management Field Handbook Chapter 4, incorporated by
reference at 35 Ill. Adm. Code 501.200(a).
c) Nutrient Value
of Livestock Waste. For new livestock facilities that have not generated livestock
waste, the owner or operator must prepare a
plan based on an average of the minimum and maximum numbers in the table values
derived from Livestock Waste Facilities Handbook, Third Edition, Table 2-1,
10-6, or 10-7, or Manure Characteristics, incorporated
by reference at 35 Ill. Adm. Code 501.200, or 35 Ill. Adm. Code 560.Table 1 or
Table 2. If "as produced" or "as excreted" nutrient values
are used, the nitrogen value must be adjusted to account for losses due to the
type of storage system used, using an average of the ranges in Livestock Waste
Facilities Handbook, Third Edition, Table 10-1. Other sources of nutrient
values may be used if approved by the Agency.
Owners or operators of existing livestock facilities
must prepare the plan based on representative sampling and analysis of the
livestock waste the CAFOs generate in accordance with Section 502.635(b).
d) Adjustments to
Nitrogen Availability. Adjustments must be made to nitrogen availability to
account for the following:
1) Nitrogen loss
from livestock waste due to method of application, based on an average of the
ranges in Livestock Waste Facilities Handbook, Third Edition, Table 10-2; and
2) The first-year
mineralization of organic nitrogen into a plant-available form, as obtained
from Livestock Waste Facilities Handbook, Third Edition, Table 10-5.
e) Realistic Crop
Yield Goal
1) The realistic
crop yield goal must be determined for each field where the livestock waste is
to be land applied. The realistic crop yield goal must be determined using an
average yield over a five-year period from the field where livestock waste is
to be land applied. The source of data used to determine the realistic crop
yield goal is provided in subsection (e)(2).
2) Whenever five
years of data are available for the field where livestock waste is to be land
applied, proven yields must be used in calculating the realistic crop yield,
unless there is an agronomic basis for predicting a different realistic crop
yield goal. The owner or operator must indicate the method used to determine
the proven yield. Data from years with crop disasters may be discarded.
A) If five years of
proven yield data are not available for the field where the livestock waste is
to be land applied, or if an agronomic basis exists for predicting a different
realistic crop yield goal, the owner or operator may calculate the realistic
crop yield goal using crop insurance yields or Farm Service Agency USDA yields.
If either of these sources is used, a copy of the insurance or assigned crop
yields must be included with the nutrient management plan.
B) If data is not
available on proven yields, crop insurance yields, or Farm Service Agency
yields; or if an agronomic basis exists for predicting a different realistic
crop yield goal, the owner or operator must use soil-based yield data from the
University of Illinois "Average Crop, Pasture, and Forestry Productivity
Ratings for Illinois Soils; Bulletin No. 810" (Bulletin 810) or "Optimum
Crop Productivity Ratings for Illinois Soils; Bulletin 811" (Bulletin
811), incorporated by reference at 35 Ill. Adm. Code 501.200, to comply with
subsection (e)(1) to calculate the realistic crop yield goal.
i) If Bulletin 810
or 811 is used to calculate the realistic crop yield goal, a soil map of the
land application areas must be included in the nutrient management plan.
ii) If Bulletin 810
or 811 is used, the realistic crop yield goal must be determined by a weighted
average of the soil interpretation yield estimates for the fields where
livestock waste is to be land applied.
iii) If Bulletin 811
is used, the owner or operator must demonstrate in the nutrient management plan
that the operational management and field conditions of the facility and land
application areas meet the requirements for optimum conditions as provided in
Bulletin 811.
f) Nitrogen Credits
1) The CAFO owner
or operator must calculate nitrogen credits, under Section 502.505(n)(7), for nitrogen-producing
crops grown the previous year, for other sources of nitrogen applied for the
growing season, and for mineralized organic nitrogen in livestock waste applied
during the previous three years.
2) The CAFO owner
or operator must calculate nitrogen credits for the mineralized organic
nitrogen in livestock waste applied during the previous three years at the rate
of 50%, 25%, and 12.5%, respectively, of that mineralized during the first
year.
g) Phosphorus. The
CAFO owner or operator must develop or amend the plan to determine the maximum
livestock waste application rate for each field. The plan for that field must
contain the following:
1) The phosphorus
content of the livestock waste must be determined in accordance with subsection
(c);
2) The realistic
crop yield goal of each crop in the field, obtained under subsection (e)(1);
3) The phosphorus
amount needed for each crop in the planned crop rotation, expressed as P2O5,
obtained from the Illinois Agronomy Handbook, 24th Edition,
incorporated by reference at 35 Ill. Adm. Code 501.200. Determining this
phosphorus amount must be based on the realistic crop yield goal for each
planned crop and the soil test for available phosphorus (Bray P1 or Mehlich 3 conducted
according to the Recommended Chemical Soil Test Procedures for the North
Central Region, incorporated by reference in 35 Ill. Adm. Code 501.200);
4) The
phosphorus carryover from previous years' application of phosphorus or
livestock waste;
5) Soil test
phosphorus results for that field; and
6) The maximum
livestock waste application rate, consistent with nitrogen-based or
phosphorus-based applications allowed under Section 502.615.
h) Nitrogen and
phosphorus fertilization rates for the realistic crop yield goal may be
obtained from the Illinois Agronomy Handbook, 24th Edition,
incorporated by reference at 35 Ill. Adm. Code 501.200, or 35 Ill. Adm. Code
560.Appendix A.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.630 PROTOCOLS TO LAND APPLY LIVESTOCK WASTE DURING WINTER
Section 502.630 Protocols to Land Apply Livestock
Waste During Winter
a) Winter
Application Prohibition. Surface land application of livestock waste on
frozen, ice-covered, or snow-covered ground is prohibited except as specified
in subsection (a)(1).
1) Despite
the winter application prohibition in subsection (a), surface land application
of livestock waste on frozen, ice-covered, or snow-covered ground is allowed if
all of the following conditions are met:
A) No
practical alternative measures are available to handle the livestock waste
within storage facilities or to dispose of the livestock waste at other sites.
Examples of practical alternative measures may include the transfer of waste to
another waste handling facility or sewage treatment plant, rental or
acquisition of a storage tank, reduction of herd size or depopulation, and
protection of the facility from direct precipitation and clean stormwater
runoff;
B) Liquid
livestock waste cannot be injected or incorporated within 24 hours after application
due to soil conditions;
C) Before
December 1, the owner or operator has taken steps to provide 120 days of
available capacity for manure storage areas. Examples of steps that could be
taken may include land application of livestock waste, transfer of waste to
another party, protection of waste storage structures from direct precipitation
and stormwater runoff, and depopulating facilities to reduce the amount of
waste generated;
D) The
owner or operator has complied with subsection (a)(1)(C) and yet the storage
volume available on December 1 of that winter season is less than 120 days of
storage;
E) The
owner or operator has notified the Agency in writing on December 1 of that
winter season that the CAFO has less than 120 days of storage available; and
F) The discharge of livestock waste from the structure to the surface waters is expected to
occur due to a shortage in storage capacity.
2) The
storage volume calculation in subsection (a)(1)(C) must include runoff and
direct precipitation plus the volume of livestock excreta, wash water, and
other process wastewater generated and expected to enter the storage structure from
December 1 to April 1. Runoff volume calculations must meet the following
requirements:
A) Runoff
calculations must be based on the runoff transferred into the storage structure
under frozen ground conditions;
B) Direct
precipitation that will reduce the available storage volume must be based on
normal precipitation for the December 1 to April 1 period for the nearest
weather station and, for facilities exposed to precipitation, the 25-year,
24-hour storm event volume or the design storm event volume determined under
Subpart H for swine, poultry, and veal large CAFOs that are new sources. Normal
precipitation determinations must be based on
National Weather Service or State Water Survey Records;
BOARD NOTE: The following sources
may be used to determine normal precipitation:
http://www.isws.illinois.edu/atmos/statecli/newnormals/newnormals.htm
or https://www.ncei.noaa.gov/products/land-based-station/us-climate-normals
C) The
owner or operator must keep a record of the precipitation value used and the
source from which the value was obtained; and
D) Calculations
must allow for a freeboard of two feet.
3) If winter land application is necessary,
it must be conducted under a winter application plan described in subsection
(b) and according to the conditions of subsection (c).
b) Winter
Application Plan
To conduct surface land
application on frozen, ice-covered, or snow-covered ground, this subsection (b)
must be met.
1) No land application may occur within ¼ mile of a
non-farm residence.
2) No discharge may occur during the land
application of livestock waste.
3) Surface land application on frozen ground
must not occur within 24 hours preceding a precipitation forecast of 0.25
inches or more in a 24-hour period as measured in liquid form. The CAFO owner
or operator must use one of the following two methods for determining whether
these conditions exist and must maintain a record of the forecast from the
source used.
A) A
prediction of a 60 percent or greater chance of 0.25 inches or more of
precipitation in a 24-hour period as measured in liquid form, obtained from the
National Weather Service's Meteorological Development Laboratory, Statistical
Modeling Branch 1325 East West Highway, Silver Spring MD 20910, for the
location nearest to the land application area; or
BOARD NOTE: The prediction in subsection
(b)(3)(A) may be obtained from the National Weather Service at https://www.wpc.ncep.noaa.gov/pqpf/conus_hpc_pqpf.php.
B) A precipitation
prediction of 0.25 inches or more in a 24-hour period as measured in liquid
form and identified as higher than QPF category 2 obtained from the National Weather
Service Meteorological Development Laboratory, Statistical Modeling Branch,
1325 East West Highway, Silver Spring MD 20910, for the land application area
location.
BOARD NOTE: The prediction in subsection
(b)(3)(B) may be obtained from the National Weather Service at https://www.wpc.ncep.noaa.gov/qpf/qpf2.shtml.
4) Surface
land application of livestock waste on ice-covered or snow-covered land must not occur within 24 hours preceding a precipitation forecast
of 0.1 inches or more in a 24-hour period as measured in liquid form.
The CAFO owner or operator must use one of the two methods provided below for
determining whether or not these conditions exist and must maintain a record of
the forecast from the source used.
A) A precipitation prediction of a 60 percent
or greater chance of 0.1 inches or more in a 24-hour period as measured in
liquid form obtained from the National Weather Service's Meteorological
Development Laboratory, Statistical Modeling Branch, 1325 East West Highway,
Silver Spring MD 20910 for the location nearest to the land application area;
or
BOARD
NOTE: The prediction in subsection (b)(4)(A) may be obtained from the National
Weather Service at https://www.wpc.ncep.noaa.gov/pqpf/conus_hpc_pqpf.php.
B) A precipitation prediction of 0.1 inches
or more in a 24-hour period as measured in liquid form and identified as higher
than QPF category 1 obtained from the National Weather Service's Meteorological
Development Laboratory, Statistical Modeling Branch, 1325 East West Highway,
Silver Spring MD 20910 for the land application area location.
BOARD
NOTE: The prediction in subsection (b)(4)(B) may be obtained from the National
Weather Service at https://www.wpc.ncep.noaa.gov/qpf/qpf2.shtml.
5) If the land application of livestock waste
is on ice-covered or snow-covered land, surface land
application must not occur when the predicted high temperature exceeds 32
degrees F on the day of land application or on any of the 7 days following land
application as predicted by the National Weather Service's Meteorological
Development Laboratory, Statistical Modeling Branch, 1325 East West Highway,
Silver Spring MD 20910 for the location nearest to the land application area.
The owner or operator must maintain a record of the forecast from the source
used.
BOARD
NOTE: The predicted high temperature in subsection (b)(5) may be obtained from
the National Weather Service at https://www.weather.gov.
6) If the surface land application of
livestock waste is on ice-covered or snow-covered land, the CAFO owner or operator must visually monitor for runoff
from the site. The CAFO owner or operator daily must monitor each ice-covered
or snow-covered field where land application has been conducted when the
ambient temperature is 32 degrees F or greater following winter land
application until all the ice or snow melts from the land application area.
7) If the surface land application of
livestock waste is on ice-covered or snow-covered land and a runoff from the
land application area occurs, the CAFO owner or
operator must report any discharge of livestock waste within 24 hours after the
discovery of the discharge as follows:
A) The report must be made to the Agency through the
Illinois Emergency Management Agency by calling 1-800-782-7860 or
1-217-782-7860;
B) Within 5 days after this telephone report, the
CAFO owner or operator must file a written report with the Agency that includes
the name and telephone number of the person filing the report, the discharge
location, an estimated quantity of the discharge, the discharge’s time and
duration, actions taken in response to the discharge, and observations on the
discharge’s condition with regards to turbidity, color, foaming, floatable
solids and other deleterious conditions for each day of the runoff event until
the ice or snow melts off the site.
c) Availability
of Individual Fields for Winter Application
If livestock waste is to be surface applied on frozen ground, ice-covered land,
or snow-covered land, the land application may only be conducted on land that
meets the following requirements:
1) Adequate
erosion and runoff control practices exist, including vegetative fence rows around
the site, contour farming, terracing, catchment basins, and buffer areas that
intercept surface runoff from the site;
2) A
crop stubble, crop residue, or vegetative buffer of 200 feet exists between the
land application area and surface waters, waterways, open tile line intake
structures, sinkholes, agricultural wellheads, or other conduits to surface
water and the vegetative buffer zone is downgradient of the livestock waste
application area;
3) Application on land with slopes greater
than 5% is prohibited;
4) Application
may only occur on sites that have field-specific soil erosion loss calculated
using Revised Universal Soil Loss Equation less than Erosion Factor T and have
a median Bray P1 or Mehlich 3 soil level of phosphorus equal to or less than
300 pounds per acre using Recommended Chemical Soil Test Procedures for the
North Central Region, incorporated by reference in 35 Ill. Adm. Code 501.200;
BOARD NOTE: Soil loss may be
calculated using the 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 Service, 1400 Independence Avenue, S.W., Washington
DC 20250, (202) 720-3656. 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) 353-6600. The published soil surveys for Illinois are available at
http://www.nrcs.usda.gov.
5) Surface
application may only occur if the setbacks equal three times the otherwise
applicable setbacks by Sections 502.615 and 502.645 if the slope of the field
is between 2 percent and 5 percent. This setback requirement does not include
the quarter-mile distance from residences contained in Section 502.645(a); and
6) For fields
with slopes of less than 2 percent, the surface application may only occur if
the setbacks equal two times the otherwise applicable setbacks required by Sections
502.615 and 502.645. This setback requirement does not include the quarter-mile
distance from residences contained in Section 502.645(a).
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.635 MANURE AND SOIL SAMPLING AND ANALYSIS
Section 502.635 Manure and Soil Sampling and
Analysis
a) Soil Phosphorus
Sampling. Soil samples must be obtained and analyzed from each field of the
land application area where applications are planned. Fields where livestock
waste is applied must be sampled twice for each field during the permit's term.
Soil testing must be conducted as follows:
1) Soil sampling
for phosphorus must follow the sampling
protocols in Chapter 8 of the Illinois Agronomy Handbook, 24th
Edition, incorporated by reference at 35 Ill. Adm. Code 501.200. Laboratory
analysis for soil phosphorus (Bray P1 or Mehlich 3) must be in accordance with
Recommended Chemical Soil Test Procedures for the North Central Region,
incorporated by reference at 35 Ill. Adm. Code 501.200;
2) Soil
samples must be at the same time in the cropping cycle and rotation so that
results are comparable year to year; and
3) The
two required soil samples for each field must be taken at least one year apart.
b) Manure Sampling.
1) The CAFO owner
or operator must annually obtain a laboratory analysis of the nutrient content
representative of the livestock waste to be land applied as provided within the
nutrient management plan. Livestock waste must be sampled during the
application process. Multiple subsamples must be obtained and combined into
one sample so that a representative sample is obtained for analysis. Results
of a sample taken during waste application the previous year can be used for
plan preparation unless there has been a change in the waste management
practices during the year. The analytical results of
livestock waste samples must be used for calculating the application rate the
NPDES permit allows.
2) The laboratory
analysis of the livestock waste sample must include total Kjeldahl nitrogen,
ammonia or ammonium nitrogen, total phosphorus, total potassium, and percent
total solids. The nutrient results must be reported on the laboratory analysis
sheet on a lb/ton or mg/kg dry weight basis or lb/1000 gal or mg/L wet weight
basis. The results of these analyses are to be used in determining application
rates for livestock waste.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.640 INSPECTION OF LAND APPLICATION EQUIPMENT FOR LEAKS
Section 502.640 Inspection of Land Application
Equipment for Leaks
a) For
all permitted CAFOs that land apply livestock waste, the CAFO owner or operator
must periodically inspect equipment used for land application of livestock
waste for leaks or problems that result in improper operation.
b) The
CAFO owner or operator must ensure that the land application equipment is
properly calibrated on a routine basis for livestock waste application.
c) Calibration
procedures and schedules must be described for all equipment in the CAFO's
nutrient management plan.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.645 LAND APPLICATION SETBACK REQUIREMENTS
Section 502.645 Land Application Setback
Requirements
a) Distance
from Residences
Livestock waste must not be land
applied within ¼ mile of any residence not part of the CAFO unless it is
injected or incorporated on the day of application.
b) Setbacks
from Waters
1) Livestock
waste must not be land applied within 200 feet of surface water, unless the
water is upgrade or there is adequate diking, which includes, diking that
prevents runoff from the land application from entering surface waters that are
within 200 feet of the land application area.
2) Livestock
waste must not be land applied within 100 feet of downgradient open subsurface
drainage intakes, agricultural drainage wells, sinkholes, grassed waterways, or
other conduits to surface waters unless a 35-foot vegetative buffer exists
between the land application area and the grassed waterways, open subsurface
drainage intakes, agricultural drainage wells, sinkholes, or other conduits to
surface water.
3) The
setback requirements in subsection (b)(2) do not apply if the CAFO demonstrates
to the Agency that a setback or buffer is not necessary because implementing
alternative conservation practices (including injection and incorporation) or
field-specific conditions will provide pollutant reductions equivalent to or
better than the reductions that a 100-foot setback would achieve.
c) Livestock
waste must not be applied in a 10-year flood plain unless the injection or
incorporation method of application is used.
d) Livestock
waste must not be land applied to waters of the United States, grassed
waterways, or other conduits to surface waters.
e) Livestock
waste must not be land applied within 150 feet of potable water supply wells.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
SUBPART G: ADDITIONAL LIVESTOCK WASTE DISCHARGE LIMITATIONS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.710 NEW SOURCE PERFORMANCE STANDARDS FOR DAIRY COWS AND CATTLE OTHER THAN VEAL CALVES
Section 502.710 New Source Performance Standards for
Dairy Cows and Cattle Other Than Veal Calves
a) New Source
Performance Standards (NSPS) Applicability
Any CAFO with the capacity to stable or confine 700 or more
mature dairy cows, whether milked or dry, or 1,000 or more cattle other than
mature dairy cows or veal calves that is a new source must achieve the
livestock waste discharge limitations representing the application of NSPS as
of the date of permit coverage or within the timelines provided in Section
502.303.
b) The livestock waste discharge
limitations representing NSPS for the CAFO production area for CAFOs subject to
this Section are the livestock waste discharge limitations found in Sections
502.605 and 502.610.
c) The livestock waste discharge
limitations representing NSPS for the CAFO land application area are the
livestock waste discharge limitations and requirements found in Sections
502.615 through 502.645.
d) CAFOs subject to this Section must
comply with Subpart F as of the date of permit coverage or within the timelines
provided in Section 502.303.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.720 HORSE AND SHEEP CAFOS: BPT, BAT, AND NSPS
Section 502.720 Horse and Sheep CAFOs: BPT, BAT,
and NSPS
This Section contains the effluent limitations
applicable to discharges resulting from the production area at horse and sheep
CAFOs. The limitations and requirements of this Section are applicable on the
date of permit coverage. CAFOs with the capacity to stable or confine fewer
than 10,000 sheep or fewer than 500 horses are exempt from these effluent
limitations.
a) Effluent Limitations
Attainable by the Application of the Best Practicable Control Technology Currently
Available (BPT) for Horse and Sheep CAFOs
1) Except as
provided in subsection (a)(2), any existing point source subject to this
Section must have no process wastewater pollutant discharge into the waters of
the United States. Achieving no process wastewater discharge to waters
of the United States is the effluent limitation representing the application of
BPT for horse and sheep CAFOs.
2) Process waste
pollutants in the overflow may be discharged to waters of the United States
whenever rainfall events, either chronic or catastrophic, cause process
wastewater to overflow from a facility designed, constructed, and operated to
contain all process-generated wastewaters plus the runoff from a 10-year,
24-hour rainfall event for the point source's location.
b) Effluent Limitations
Attainable by the Application of the Best Available Technology Economically Achievable
(BAT) for Horse and Sheep CAFOs
1) Except when
subsection (b)(2) applies, any existing point source subject to this Section must
not discharge process wastewater pollutants into the waters of the United
States. Achieving no process wastewater discharge into the waters of
the United States is the effluent limitation representing the application of
BAT for Horse and Sheep CAFOs.
2) Whenever
rainfall events cause an overflow of process wastewater from a facility
designed, constructed, operated, and maintained to contain all
process-generated wastewaters plus the runoff from a 25-year, 24-hour rainfall
event at the point source’s location, any process wastewater pollutants in the
overflow may be discharged to waters of the United States.
c) New Source
Performance Standards (NSPS) for Horse and Sheep CAFOs
Except as provided in subsection (b)(2), any new
source subject to this Section must have no discharge of process wastewater
pollutants into the waters of the United States. Achieving no process
wastewater discharge into the waters of the United States is the performance
standard representing NSPS for horse and sheep CAFOs.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.730 DUCK CAFOS: BPT AND NSPS
Section 502.730 Duck CAFOs: BPT and NSPS
This Section contains the effluent limitations
applicable to discharges resulting from the production areas at dry lot and wet
lot duck CAFOs. CAFOs subject to this Section must attain the limitations and
requirements of this Section as of the date of permit coverage. CAFOs with the
capacity to stable or confine fewer than 5,000 ducks are exempt from these
effluent limitations.
a) Effluent Limitations
Attainable by the Application of the Best Practicable Control Technology Currently
Available (BPT) for Wet Lot and Dry Lot Duck CAFOs.
Any existing point source subject to this Section
must achieve the following effluent limitations representing the degree of
effluent reduction attainable by applying BPT:
1) BOD5
is limited to a maximum daily limit of 3.66 pounds/1,000 ducks or 1.66 kg/1,000
ducks.
2) BOD5
is limited to a maximum monthly average of 2.0 pounds/1,000 ducks or 0.91 kg/1,000
ducks.
3) Fecal coliform
is not to exceed the most probable number (MPN) of 400/100 ml at any time.
b) New Source Performance
Standards for Wet Lot and Dry Lot Duck CAFOs
1) Except as
provided in subsection (b)(2), any new source subject to this Section must not
discharge process wastewater pollutants into the waters of the United States.
Achieving no process wastewater discharge into the waters of the United
States is the performance standard representing NSPS for duck CAFOs.
2) Whenever
rainfall events cause an overflow of process wastewater from a facility
designed, constructed, operated, and maintained to contain all
process-generated wastewaters plus the runoff from a 25-year, 24-hour rainfall
event at the point source’s location, any process wastewater pollutants in the
overflow may be discharged to waters of the United States.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
SUBPART H: NEW SOURCE PERFORMANCE STANDARDS FOR NEW SWINE, POULTRY AND VEAL LARGE CAFOS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.800 APPLICABILITY
Section 502.800 Applicability
a) This Subpart
applies to all new swine, poultry, and veal CAFOs with the capacity to stable
or confine the total amount of specific animals provided for in the definition
of large CAFOs in Section 502.103.
b) This Subpart H is
in addition to the livestock waste discharge limitations and technical
standards in Subpart F, except Section 502.605.
c) The limitations
and requirements of this Subpart are applicable on the date of NPDES permit
coverage or within the timelines provided in Section 502.303.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.810 PRODUCTION AREA REQUIREMENTS
Section 502.810 Production Area Requirements
There must be no discharge of livestock waste
pollutants to waters of the United States from the production area unless the
CAFO complies with the alternative livestock waste discharge limitations provided
in Section 502.830.
(Source: Added at 38 Ill. Reg. 17687,
effective August 11, 2014)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.820 LAND APPLICATION AREA REQUIREMENTS
Section 502.820 Land Application Area Requirements
For CAFOs subject to this Subpart, the land
application areas must attain the same limitations and requirements as
specified in Sections 502.615 through 502.645.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.830 ALTERNATIVE BEST MANAGEMENT PRACTICE LIVESTOCK WASTE DISCHARGE LIMITATIONS
Section 502.830 Alternative Best Management
Practice Livestock Waste Discharge Limitations
a) Any CAFO subject
to this Subpart may request that the Agency establish NPDES permit best
management practice (BMP) livestock waste discharge limitations designed to
ensure no discharge of livestock waste based upon a site-specific evaluation of
the CAFO's open surface livestock storage structure.
b) The NPDES permit
BMPs for livestock waste discharge limitations must address the CAFO's entire
production area. In the case of any CAFO using an open surface livestock waste
storage structure for which the Agency establishes livestock waste discharge
limitations, "no discharge of livestock waste pollutants," as used in
this Subpart H, means that the storage structure is designed, operated, and
maintained in accordance with BMPs the Agency established on a site-specific
basis after a technical evaluation of the storage structure.
c) The technical
evaluation must address the elements listed in Section 502.840.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.840 TECHNICAL EVALUATION
Section 502.840 Technical Evaluation
All technical evaluations conducted under this Subpart
H must address the minimum elements contained in this Section. Waste
management and storage facilities designed, constructed, operated, and
maintained consistent with the analysis conducted in subsections (a) through
(g) and operated in accordance with the additional measures and records
required by Section 502.610 will fulfill this Subpart.
a) Information to
be used in the design of the open manure storage structure including:
1) Minimum storage
periods for rainy seasons;
2) Additional minimum
capacity for chronic rainfalls;
3) Applicable
technical standards that prohibit or otherwise limit land application on
frozen, saturated, or snow-covered ground found in Section 502.630;
4) Planned emptying
and dewatering schedules consistent with the CAFO's nutrient management plan;
5) Additional
storage capacity for livestock waste intended to be transferred to another
recipient at a later time; and
6) Any other
factors that would affect the sizing of the structure.
b) The design of
the open livestock waste storage structure as determined under 40 CFR
412.46(a)(1)(ii), incorporated by reference at 35 Ill. Adm. Code 501.200, or
equivalent design software or procedures approved by the Agency.
BOARD NOTE: NRCS Animal Waste Management (AWM) software
specified under 40 CFR 412.46(a)(1)(ii) is available at http://www.nrcs.usda.gov.
Additional information may be obtained from the United States Department of
Agriculture, Agricultural Research Service, 1400 Independence Avenue, S.W.,
Washington DC 20250, (202) 720-3656.
c) All inputs used
in the open livestock waste storage structure design, including:
1) actual climate
data for the previous 30 years, consisting of historical average monthly
precipitation and evaporation values;
2) the number and
types of animals;
3) anticipated
animal sizes or weights;
4) any added water
and bedding;
5) any other
process wastewater; and
6) the size and
condition of outside areas exposed to rainfall and contributing runoff to the
open livestock waste storage structure.
d) The planned
minimum period of storage in months, including the factors for designing an
open livestock waste storage structure described in subsection (a).
Alternatively, the CAFO may determine the minimum period of storage by
specifying times the storage pond will be emptied consistent with the CAFO's
nutrient management plan.
e) Site-specific
predicted design specifications, including:
1) dimensions of
the storage facility;
2) daily manure and
wastewater additions;
3) the size and characteristics
of the land application areas; and
4) the total
calculated storage period in months.
f) An evaluation of
the adequacy of the designed manure storage structure under 40 CFR
412.46(a)(1)(vi), incorporated by reference at 35 Ill. Adm. Code 501.200.
1) The evaluation
must include all inputs used in the simulation, including:
A) daily
precipitation, temperature, and evaporation data for the previous 100 years;
B) user-specified
soil profiles representative of the CAFO's land application areas;
C) planned crop
rotations consistent with the CAFO's nutrient management plan; and
D) the final modeled
result of no overflows from the designed open livestock waste storage
structure.
2) For those CAFOs
where 100 years of local weather data for the CAFO's location is not available,
CAFOs may use a simulation with a confidence interval analysis conducted over a
period of 100 years.
3) The adequacy of
the designed manure storage structure may be evaluated using equivalent
evaluation and simulation procedures the Agency approves.
BOARD NOTE: The Soil Plant Air Water (SPAW)
Hydrology Tool specified at 40 CFR 412.46(a)(1)(vi) is available at https://www.nrcs.usda.gov/resources/tech-tools/spaw-version-602.
Additional information may be obtained from the United States Department of Agriculture,
Agricultural Research Service, 1400 Independence Avenue, S.W., Washington DC 20250,
(202) 720-3656.
g) The
Agency may waive the requirement in subsection (f) for a site-specific
evaluation of the designed livestock waste storage structure and instead
authorize a CAFO to use a technical evaluation developed for a class of
specific facilities within a specified geographical area.
h) The Agency may
request additional information to support a request for livestock waste
discharge limitations based on a site-specific open surface livestock waste
storage structure.
(Source: Amended at 48 Ill. Reg. 3196,
effective February 15, 2024)
Section 502.APPENDIX A References to Previous Rules (Repealed)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 502
PERMITS
SECTION 502.APPENDIX A REFERENCES TO PREVIOUS RULES (REPEALED)
Section 502.APPENDIX A References
to Previous Rules (Repealed)
(Source:
Repealed at 48 Ill. Reg. 3196, effective February 15, 2024)
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