101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2998

 

Introduced 2/5/2020, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 77/20

    Amends the Livestock Management Facilities Act. Provides that the owner or operator of a livestock management facility of less than 1,000 animal units shall be (rather than shall not be) required to prepare and maintain a waste management plan. Requires the owner or operator of an existing livestock management facility that has or will exceed more than 5,000 animal units to file its waste management plan with the Illinois Environmental Protection Agency and the Department of Agriculture (rather than only the Department of Agriculture). Provides that a waste management plan shall be submitted electronically to both the Illinois Environmental Protection Agency and the Department of Agriculture. Provides that any person who is issued a warning from the Department for failure to submit a waste management plan shall have 15 working days (rather than 30 working days) to prepare a waste management plan. Provides that following the second violation, the Department shall (rather than may) issue an operational cease and desist order until compliance is attained.


LRB101 19766 CMG 69276 b

 

 

A BILL FOR

 

SB2998LRB101 19766 CMG 69276 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Livestock Management Facilities Act is
5amended by changing Section 20 as follows:
 
6    (510 ILCS 77/20)
7    Sec. 20. Handling, storing and disposing of livestock
8waste.
9    (a) The livestock management facility owner or operator
10shall comply with the requirements for handling, storing, and
11disposing of livestock wastes as set forth in the rules adopted
12pursuant to the Illinois Environmental Protection Act
13concerning agriculture related pollution.
14    (b) The livestock management facility owner or operator at
15a facility of less than 1,000 animal units shall not be
16required to prepare and maintain a waste management plan. The
17waste management plan shall be filed electronically with the
18Agency and the Department and a paper copy shall be made
19available for inspection during normal business hours by
20Department personnel.
21    (c) The livestock management facility owner or operator at
22a facility of 1,000 or greater animal units but less than 5,000
23animal units shall prepare and maintain on file at the

 

 

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1livestock management facility a general waste management plan.
2Notwithstanding this requirement, a livestock management
3facility subject to this subsection may be operated on an
4interim basis but not to exceed 6 months after the effective
5date of the rules promulgated pursuant to this Act to allow for
6the owner or operator of the facility to develop a waste
7management plan. The waste management plan shall be filed
8electronically with the Agency and the Department and a paper
9copy shall be made available for inspection during normal
10business hours by Department personnel.
11    (d) The livestock management facility owner or operator at
12a facility of 5,000 or greater animal units shall prepare,
13maintain, and submit to the Department the waste management
14plan for approval. Approval of the waste management plan shall
15be predicated on compliance with provisions of subsection (f).
16The waste management plan shall be approved by the Department
17before operation of the facility or in the case of an existing
18facility, the waste management plan shall be submitted within
1960 working days after the effective date of the rules
20promulgated pursuant to this Act.
21    The owner or operator of an existing livestock management
22facility that through growth meets or exceeds 5,000 animal
23units shall file its waste management plan with the Agency the
24Department within 60 working days after reaching the stated
25animal units.
26    The owner or operator of a livestock management facility

 

 

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1that is subject to this subsection (d) shall file within 60
2working days with the Department and the Agency a revised waste
3management plan when there is a change as provided in
4subsection (e) of this Section that will materially affect
5compliance with the waste management plan.
6    (d-5) The owner or operator of multiple livestock
7management facilities under common facility ownership where
8the cumulative animal units of the facilities are equal to or
9greater than the animal unit numbers provided for in subsection
10(c) of this Section shall prepare and keep on file at each
11facility a waste management plan in accordance with the
12requirements of subsection (c). The owner or operator of
13multiple livestock management facilities that are under common
14facility ownership where the cumulative animal units of the
15facilities are equal to or greater than the animal unit numbers
16provided for in subsection (d) of this Section shall prepare
17and file with the Department a waste management plan in
18accordance with the provisions of subsection (d). Cumulative
19animal units shall be determined by combining the animal units
20of multiple livestock management facilities under the common
21facility ownership based upon the design capacity of each
22facility. For the purposes of this subsection (d-5), "under
23common facility ownership" means the same person or persons
24own, directly or indirectly, through majority owned business
25entities at least 51% of any person or persons (as defined by
26Section 10.55) that own or operate the livestock management

 

 

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1facility or livestock waste handling facility located in the
2State of Illinois.
3    (e) The owner or operator of a livestock management
4facility shall update the waste management plan when there is a
5change in values shown in the plan under item (1) of subsection
6(f) of this Section. The waste management plan and records of
7livestock waste disposal shall be kept on file for three years.
8    (f) The application of livestock waste to the land is an
9acceptable, recommended, and established practice in Illinois.
10However, when livestock waste is not applied in a responsible
11manner, it may create pollutional problems. It should be
12recognized that research relative to livestock waste
13application based on livestock waste nutrient content is
14currently ongoing. The Dean of the College of Agricultural,
15Consumer and Environmental Sciences at the University of
16Illinois, or his or her designee, shall annually report to the
17Advisory Committee on the status of phosphorus research,
18including research that has been supported in whole or in part
19by the Illinois Council on Food and Agricultural Research. The
20Advisory Committee may also consult with other appropriate
21research entities on the status of phosphorus research. It is
22considered acceptable to prepare and implement a waste
23management plan based on a nitrogen rate, unless otherwise
24restricted by this Section. The waste management plan shall
25include the following:
26        (1) An estimate of the volume of livestock waste to be

 

 

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1    disposed of annually, which shall be obtained by
2    multiplying the design capacity of the facility by the
3    appropriate amount of waste generated by the animals. The
4    values showing the amount of waste generated in Table 2-1,
5    Midwest Plan Service's, MWPS-18, Livestock Waste
6    Management Facilities Handbook or Design Criteria for the
7    field application of livestock waste adopted by the Agency
8    may be used.
9        (2) The number of acres available for disposal of the
10    waste, whether they are owned by the owner or operator of
11    the livestock waste management facility or are shown to be
12    contracted with another person or persons for disposal of
13    waste.
14        (3) An estimate of the nutrient value of the waste. The
15    owner or operator may prepare a plan based on an average of
16    the minimum and maximum numbers in the table values derived
17    from Midwest Plan Service's, MWPS-18, Livestock Waste
18    Facilities Handbook, the Agency's Agriculture Related
19    Pollution regulations, or the results of analysis
20    performed on samples of waste. For the purposes of
21    compliance with this subsection, the nutrient values of
22    livestock waste may vary as indicated in the source table.
23    In the case of laboratory analytical results, the nutrient
24    values may vary with the accuracy of the analytical method.
25        (3.5) Results of the Bray P1 or Mehlich test for soil
26    phosphorus reported in pounds of elemental phosphorus per

 

 

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1    acre. Soil samples shall be obtained and analyzed from the
2    livestock waste application fields on land owned or under
3    the control of the owner or operator where applications are
4    planned. Fields where livestock waste is applied shall be
5    sampled every 3 years. Sampling procedures, such as the
6    number of samples and the depth of sampling, as outlined in
7    the current edition of the Illinois Agronomy Handbook shall
8    be followed when soil samples are obtained.
9        (3.6) If the average Bray P1 or Mehlich test result for
10    soil phosphorus calculated from samples obtained from the
11    application field is 300 pounds or less of elemental
12    phosphorus per acre, livestock waste may continue to be
13    applied to that field in accordance with subsection (f) of
14    this Section. If the average Bray P1 or Mehlich test result
15    for soil phosphorus for an application field is greater
16    than 300 pounds of elemental phosphorus per acre, the owner
17    or operator shall apply livestock waste at the phosphorus
18    rate to the field until the average Bray P1 or Mehlich test
19    for soil phosphorus indicates there is less than 300 pounds
20    of elemental phosphorus per acre. Upon the development of a
21    phosphorus index that is approved subject to the provisions
22    established in Section 55 of this Act, the owner or
23    operator shall use such index in lieu of the 300 pounds of
24    elemental phosphorus per acre.
25        (4) An indication that the livestock waste will be
26    applied at rates not to exceed the agronomic nitrogen

 

 

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1    demand of the crops to be grown when averaged over a 5-year
2    period.
3        (5) A provision that livestock waste applied within 1/4
4    mile of any residence not part of the facility shall be
5    injected or incorporated on the day of application.
6    However, livestock management facilities and livestock
7    waste handling facilities that have irrigation systems in
8    operation prior to the effective date of this Act or
9    existing facilities applying waste on frozen ground are not
10    subject to the provisions of this item (5).
11        (6) A provision that livestock waste may not be applied
12    within 200 feet of surface water unless the water is
13    upgrade or there is adequate diking, and waste will not be
14    applied within 150 feet of potable water supply wells.
15        (7) A provision that livestock waste may not be applied
16    in a 10-year flood plain unless the injection or
17    incorporation method of application is used.
18        (8) A provision that livestock waste may not be applied
19    in waterways.
20        (9) A provision that if waste is spread on frozen or
21    snow-covered land, the application will be limited to land
22    areas on which:
23            (A) land slopes are 5% or less, or
24            (B) adequate erosion control practices exist.
25        (10) Methods for disposal of animal waste.
26    (g) Any person who is required to prepare and maintain a

 

 

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1waste management plan and who fails to do so shall be issued a
2warning letter by the Department for the first violation and
3shall be given 15 30 working days to prepare a waste management
4plan. For failure to prepare and maintain a waste management
5plan, the person shall be fined an administrative penalty of up
6to $1,000 by the Department and shall be required to enter into
7an agreement of compliance to prepare and maintain a waste
8management plan within 15 30 working days. For failure to
9prepare and maintain a waste management plan after the second
1015 30 day period or for failure to enter into a compliance
11agreement, the Department shall may issue an operational cease
12and desist order until compliance is attained.
13(Source: P.A. 91-110, eff. 7-13-99; 92-16, eff. 6-28-01.)