94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2409

 

Introduced 2/17/2005, by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 77/11
510 ILCS 77/12
510 ILCS 77/13
510 ILCS 77/20
510 ILCS 77/35
510 ILCS 77/55
510 ILCS 77/17 rep.

    Amends the Livestock Management Facilities Act. Provides that livestock management facilities and livestock waste handling facilities serving less than 50 animal units or serving 150 or less animal units and located wholly within certain agricultural areas are exempt from the requirement to file a notice of intent to construct. Requires owners and operators of livestock waste handling facilities to send a notice of intent to construct to owners of property within the setback distances. Subjects owners and operators who begin construction prior to receiving written approval from the Illinois Department of Agriculture to an administrative hearing and a civil penalty. Provides that livestock management facilities or livestock waste handling facilities serving 2,000 or less animal units located in certain agricultural areas are not required to hold public informational meetings related to proposed construction. Provides that livestock management facilities and livestock waste handling facilities located in certain agricultural areas are exempt from certain construction standards. Allows livestock waste handling facilities with a design capacity of 300 or less animal units to demonstrate that a reduced storage volume is feasible due to the availability of certain land application areas. Exempts settling basins and holding ponds for the management and control of feedlot runoff and within which no livestock manure is actively stored or handled and permanent manure pipelines designed and utilized to transport manure from a livestock waste handling facility to a land application area from certain construction standards. Provides that an owner or operator who commences operation prior to receiving written approval from the Department is subject to an administrative hearing and a civil penalty. Provides that livestock management facility owners and operators who have been issued a National Pollution Discharge Elimination System-Concentrated Animal Feeding Operation Permit are not required to prepare a general waste management plan. Exempts from setback requirements livestock management facilities and livestock waste handling facilities serving 50 to 150 animal units in certain agricultural areas and with certain separation distances. Requires the Livestock Management Facilities Advisory Committee to meet as needed as determined by the Chair to accomplish its duties.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning animals.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Livestock Management Facilities Act is
5 amended by changing Sections 11, 12, 13, 20, 35, and 55 as
6 follows:
 
7     (510 ILCS 77/11)
8     Sec. 11. Filing notice of intent to construct and
9 construction data; registration of facilities.
10     (a) An owner or operator shall file a notice of intent to
11 construct for a livestock management facility or livestock
12 waste handling facility with the Department prior to
13 construction to establish a base date, which shall be valid for
14 one year, for determination of setbacks in compliance with
15 setback distances or, in the case of construction that is not a
16 new facility, with the maximum feasible location requirements
17 of Section 35 of this Act.
18     (a-5) A livestock management facility or livestock waste
19 handling facility serving less than 50 animal units shall be
20 exempt from the requirement to file a notice of intent to
21 construct. A livestock management facility or livestock waste
22 handling facility serving 150 or less animal units located
23 wholly within an agricultural area as established pursuant to
24 the Agricultural Areas Conservation and Protection Act with a
25 separation distance of not less than 2,640 feet between the
26 outermost extent of the livestock management facility or
27 livestock waste handling facility and the agricultural area
28 boundaries shall be exempt from the requirement to file a
29 notice of intent to construct.
30     (b) For a livestock waste handling facility that is not
31 subject to Section 12 of this Act, a construction plan of the
32 waste handling structure with design specifications of the

 

 

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1 structure noted as prepared by or for the owner or operator
2 shall be filed with the Department at least 10 calendar days
3 prior to the anticipated dates of construction. Upon receipt of
4 the notice of intent to construct form or the construction
5 plan, the Department shall review the documents to determine if
6 all information has been submitted or if clarification is
7 needed. Upon notification by the Department that the notice is
8 complete, the owner or operator shall send a copy of the notice
9 of intent to construct for a livestock management facility or
10 livestock waste handling facility to the owners of property
11 within the setback distances. For the purposes of this
12 subsection (b), the owners of property located within the
13 setback areas are presumed, unless established to the contrary,
14 to be the persons shown by the current tax collector's warrant
15 book to be the party in whose name the taxes were last
16 assessed. The Department shall, within 15 calendar days of
17 receipt of a notice of intent to construct or the construction
18 plan, notify the owner or operator that construction may begin
19 or that clarification is needed.
20     (c) For a livestock waste handling facility that is subject
21 to Section 12 of this Act, a completed registration shall be
22 filed with the Department at least 37 calendar days prior to
23 the anticipated dates of construction. The registration shall
24 include the following: (i) the name and address of the owner
25 and operator of the livestock waste handling facility; (ii) a
26 general description of the livestock waste handling structure
27 and the type and number of the animal units of livestock it
28 serves; (iii) the construction plan of the waste handling
29 structure with design specifications of the structure noted as
30 prepared by or for the owner or operator, and (iv) anticipated
31 dates of construction. The Department shall, within 15 calendar
32 days of receipt of the registration form, notify the person
33 submitting the form that the registration is complete or that
34 clarification information is needed. Upon notification by the
35 Department that the registration is complete, the owner or
36 operator shall send a copy of the notice of intent to construct

 

 

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1 for a livestock management facility or livestock waste handling
2 facility to the owners of property within the setback
3 distances. For the purposes of this subsection (c), the owners
4 of property located within the setback areas are presumed,
5 unless established to the contrary, to be the persons shown by
6 the current tax collector's warrant book to be the party in
7 whose name the taxes were last assessed.
8     (d) Any owner or operator who fails to file a notice of
9 intent to construct form or construction plans with the
10 Department prior to commencing construction, upon being
11 discovered by the Department, shall be subject to an
12 administrative hearing by the Department. The administrative
13 law judge, upon determination of a failure to file the
14 appropriate form, shall impose a civil administrative penalty
15 in an amount no more than $1,000 and shall enter an
16 administrative order directing that the owner or operator file
17 the appropriate form within 10 business days after receiving
18 notice from the Department. If, after receiving the
19 administrative law judge's order to file, the owner or operator
20 fails to file the appropriate form with the Department, the
21 Department shall impose a civil administrative penalty in an
22 amount no less than $1,000 and no more than $2,500 and shall
23 enter an administrative order prohibiting the operation of the
24 facility until the owner or operator is in compliance with this
25 Act. Penalties under this subsection (d) not paid within 60
26 days of notice from the Department shall be submitted to the
27 Attorney General's office or an approved private collection
28 agency.
29     (d-5) Any owner or operator who commences construction
30 prior to receiving written approval from the Department shall
31 be subject to an administrative hearing by the Department. The
32 administrative law judge, upon determination of a failure to
33 receive written approval from the Department prior to
34 commencement of construction, shall impose a civil
35 administrative penalty in an amount not exceeding $1,000 and
36 shall enter an administrative order directing that the owner or

 

 

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1 operator pay the monetary penalty to the Department prior to
2 the re-commencement of any additional construction and the
3 placement of the facility into operation.
4 (Source: P.A. 91-110, eff. 7-13-99.)
 
5     (510 ILCS 77/12)
6     Sec. 12. Public informational meeting; lagoons and
7 non-lagoon structures.
8     (a) Beginning on the effective date of this amendatory Act
9 of 1999, within 7 days after receiving a form giving notice of
10 intent to construct (i) a new livestock management facility or
11 livestock waste handling facility serving 1,000 or more animal
12 units that does not propose to utilize a lagoon or (ii) a
13 livestock waste management facility or livestock waste
14 handling facility that does propose to utilize a lagoon, the
15 Department shall send a copy of the notice form to the county
16 board of the county in which the facility is to be located and
17 shall publish a public notice in a newspaper of general
18 circulation within the county. After receiving a copy of the
19 notice form from the Department, the county board may, at its
20 discretion and within 30 days after receipt of the notice,
21 request that the Department conduct an informational meeting
22 concerning the proposed construction that is subject to this
23 Section. In addition, during the county's 30-day review period,
24 county residents may petition the county board of the county
25 where the proposed new facility will be located to request that
26 the Department conduct an informational meeting. When
27 petitioned by 75 or more of the county's residents who are
28 registered voters, the county board shall request that the
29 Department conduct an informational meeting. If the county
30 board requests that the Department conduct the informational
31 meeting, the Department shall conduct the informational
32 meeting within 15 days of the county board's request. If the
33 Department conducts such a meeting, it shall cause notice of
34 the meeting to be published in a newspaper of general
35 circulation in the county and in the State newspaper and shall

 

 

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1 send a copy of the notice to the County Board. Upon receipt of
2 the notice, the County Board shall post the notice on the
3 public informational board at the county courthouse at least 10
4 days before the meeting. The owner or operator who submitted
5 the notice of intent to construct to the Department shall
6 appear at the meeting. At the meeting, the Department shall
7 afford members of the public an opportunity to ask questions
8 and present oral or written comments concerning the proposed
9 construction. Notwithstanding the provisions of this Section,
10 a livestock management facility or livestock waste handling
11 facility serving 2,000 or less animal units whose location and
12 setbacks are located wholly within an agricultural area
13 established pursuant to the Agricultural Areas Conservation
14 and Protection Act shall be exempt from the requirements of
15 this Section.
16     (b) The county board shall submit at the informational
17 meeting or within 30 days following the meeting an advisory,
18 non-binding recommendation to the Department about the
19 proposed new facility's construction in accordance with the
20 applicable requirements of this Act. The advisory, non-binding
21 recommendation shall contain at a minimum:
22         (1) a statement of whether the proposed facility
23     achieves or fails to achieve each of the 8 siting criteria
24     as outlined in subsection (d); and
25         (2) a statement of the information and criteria used by
26     the county board in determining that the proposed facility
27     met or failed to meet any of the criteria described in
28     subsection (d).
29     (c) When the county board requests an informational
30 meeting, construction shall not begin until after the
31 informational meeting has been held, the Department has
32 reviewed the county board's recommendation and replied to the
33 recommendation indicating if the proposed new livestock
34 management facility or the new livestock waste handling
35 facility is or will be in compliance with the requirements of
36 the Act, and the owner, operator, or certified manager and

 

 

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1 operator has received the Department's notice that the setbacks
2 and all applicable requirements of this Act have been met.
3     (d) At the informational meeting for the proposed facility,
4 the Department of Agriculture shall receive evidence by
5 testimony or otherwise on the following subjects:
6         (1) Whether registration and livestock waste
7     management plan certification requirements, if required,
8     are met by the notice of intent to construct.
9         (2) Whether the design, location, or proposed
10     operation will protect the environment by being consistent
11     with this Act.
12         (3) Whether the location minimizes any incompatibility
13     with the surrounding area's character by being located in
14     any area zoned for agriculture where the county has zoning
15     or where the county is not zoned, the setback requirements
16     established by this Act are complied with.
17         (4) Whether the facility is located within a 100-year
18     floodplain or an otherwise environmentally sensitive area
19     (defined as an area of karst area or with aquifer material
20     within 5 feet of the bottom of the livestock waste handling
21     facility) and whether construction standards set forth in
22     the notice of intent to construct are consistent with the
23     goal of protecting the safety of the area.
24         (5) Whether the owner or operator has submitted plans
25     for operation that minimize the likelihood of any
26     environmental damage to the surrounding area from spills,
27     runoff, and leaching.
28         (6) Whether odor control plans are reasonable and
29     incorporate reasonable or innovative odor reduction
30     technologies given the current state of such technologies.
31         (7) Whether traffic patterns minimize the effect on
32     existing traffic flows.
33         (8) Whether construction or modification of a new
34     facility is consistent with existing community growth,
35     tourism, recreation, or economic development or with
36     specific projects involving community growth, tourism,

 

 

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1     recreation, or economic development that have been
2     identified by government action for development or
3     operation within one year through compliance with
4     applicable zoning and setback requirements for populated
5     areas as established by this Act.
6 (Source: P.A. 91-110, eff. 7-13-99.)
 
7     (510 ILCS 77/13)
8     Sec. 13. Livestock waste handling facilities other than
9 earthen livestock waste lagoons; construction standards;
10 certification; inspection; removal-from-service requirements.
11     (a) After the effective date of this amendatory Act of
12 1999, livestock waste handling facilities other than earthen
13 livestock waste lagoons used for the storage of livestock waste
14 shall be constructed in accordance with this Section. A
15 livestock management facility or livestock waste handling
16 facility serving 150 or less animal units located wholly within
17 an agricultural area as established pursuant to the
18 Agricultural Areas Conservation and Protection Act with a
19 separation distance of not less than 2,640 feet between the
20 outermost extent of the livestock management facility or
21 livestock waste handling facility and the agricultural area
22 boundaries shall be exempt from the requirements of this
23 Section.
24         (1) Livestock waste handling facilities constructed of
25     concrete shall meet the strength and load factors set forth
26     in the Midwest Plan Service's Concrete Manure Storage
27     Handbook (MWPS-36) and future updates. In addition, those
28     structures shall meet the following requirements:
29             (A) Waterstops shall be incorporated into the
30         design of the storage structure when consistent with
31         the requirements of paragraph (1) of this subsection;
32             (B) Storage structures that handle waste in a
33         liquid form shall be designed to contain a volume of
34         not less than the amount of waste generated during 150
35         days of facility operation at design capacity. The

 

 

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1         owner or operator of a livestock waste handling
2         facility with a design capacity of 300 or less animal
3         units may demonstrate to the Department that a reduced
4         storage volume, not less than 60 days, is feasible due
5         to the availability of land application areas which can
6         receive manure at agronomic rates or other manure
7         disposal method is proposed which will allow for the
8         reduced manure storage design capacity. The Department
9         shall evaluate the proposal and determine whether a
10         reduced manure storage design capacity is appropriate
11         for the site; and
12             (C) Storage structures not covered or otherwise
13         protected from precipitation shall, in addition to the
14         waste storage volume requirements of subparagraph (B)
15         of paragraph (1) of this subsection, include a 2-foot
16         freeboard.
17         (2) A livestock waste handling facility in a
18     prefabricated form shall meet the strength, load, and
19     compatibility factors for its intended use. Those factors
20     shall be verified by the manufacturer's specifications.
21         (3) Livestock waste handling facilities holding
22     semi-solid livestock waste, including but not limited to
23     picket dam structures, shall be constructed according to
24     the requirements set forth in the Midwest Plan Service's
25     Livestock Waste Facilities Handbook (MWPS-18) and future
26     updates or similar standards used by the Natural Resources
27     Conservation Service of the United States Department of
28     Agriculture.
29         (4) Livestock waste handling facilities holding solid
30     livestock waste shall be constructed according to the
31     requirements set forth in the Midwest Plan Service's
32     Livestock Waste Facilities Handbook (MWPS-18) and future
33     updates or similar standards used by the Natural Resources
34     Conservation Service of the United States Department of
35     Agriculture. In addition, solid livestock waste stacking
36     structures shall be sized to store not less than the amount

 

 

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1     of waste generated during 6 months of facility operation at
2     design capacity. The owner or operator of a livestock waste
3     handling facility with a design capacity of 300 or less
4     animal units may demonstrate to the Department that a
5     reduced storage volume, not less than 2 months, is feasible
6     due to the availability of land application areas which can
7     receive manure at agronomic rates or other manure disposal
8     method is proposed which will allow for the reduced storage
9     design capacity. The Department shall evaluate the
10     proposal and determine whether a reduced manure storage
11     design capacity is appropriate for the site.
12         (5) Holding ponds used for the temporary storage of
13     livestock feedlot run-off shall be constructed according
14     to the requirements set forth in the Midwest Plan Service's
15     Livestock Waste Facilities Handbook (MWPS-18) and future
16     updates or similar standards used by the Natural Resources
17     Conservation Service of the United States Department of
18     Agriculture.
19         (6) Settling basins and holding ponds that are
20     designed, constructed, and operated solely for the
21     management and control of feedlot runoff only and within
22     which no livestock manure is actively stored or handled are
23     exempt from the requirements of this Section. An additional
24     manure storage structure must be present at the livestock
25     management facility for this exemption to be valid.
26         (7) Permanent manure pipelines or other conveyances
27     that are designed and utilized to transport manure from a
28     livestock waste handling facility to a land application
29     area shall not be subject to the provisions of this
30     Section. Pipelines and other conveyances that transport
31     manure from one component of a livestock waste handling
32     facility to another component of the same livestock waste
33     handling facility shall be subject to the provisions of
34     this Section.
35     (b) New livestock management facilities and livestock
36 waste handling facilities constructed after the effective date

 

 

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1 of this amendatory Act of 1999 shall be subject to the
2 additional construction requirements and siting prohibitions
3 provided in this subsection (b).
4         (1) No new non-lagoon livestock management facility or
5     livestock waste handling facility may be constructed
6     within the floodway of a 100-year floodplain. A new
7     livestock management facility or livestock waste handling
8     facility may be constructed within the portion of a
9     100-year floodplain that is within the flood fringe and
10     outside the floodway provided that the facility is designed
11     and constructed to be protected from flooding and meets the
12     requirements set forth in the Rivers, Lakes, and Streams
13     Act, Section 5-40001 of the Counties Code, and Executive
14     Order Number 4 (1979). The delineation of floodplains,
15     floodways, and flood fringes shall be in compliance with
16     the National Flood Insurance Program. Protection from
17     flooding shall be consistent with the National Flood
18     Insurance Program and shall be designed so that stored
19     livestock waste is not readily removed.
20         (2) A new non-lagoon livestock waste handling facility
21     constructed in a karst area shall be designed to prevent
22     seepage of the stored material into groundwater in
23     accordance with ASAE 393.2 or future updates. Owners or
24     operators of proposed facilities should consult with the
25     local soil and water conservation district, the University
26     of Illinois Cooperative Extension Service, or other local,
27     county, or State resources relative to determining the
28     possible presence or absence of such areas.
29     Notwithstanding the other provisions of this paragraph
30     (2), after the effective date of this amendatory Act of
31     1999, no non-lagoon livestock waste handling facility may
32     be constructed within 400 feet of any natural depression in
33     a karst area formed as a result of subsurface removal of
34     soil or rock materials that has caused the formation of a
35     collapse feature that exhibits internal drainage. For the
36     purposes of this paragraph (2), the existence of such a

 

 

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1     natural depression in a karst area shall be indicated by
2     the uppermost closed depression contour lines on a USGS 7
3     1/2 minute quadrangle topographic map or as determined by
4     Department field investigation in a karst area.
5         (3) A new non-lagoon livestock waste handling facility
6     constructed in an area where aquifer material is present
7     within 5 feet of the bottom of the facility shall be
8     designed to ensure the structural integrity of the
9     containment structure and to prevent seepage of the stored
10     material to groundwater. Footings and underlying structure
11     support shall be incorporated into the design standards of
12     the storage structure in accordance with the requirements
13     of Section 4.1 of the American Society of Agricultural
14     Engineers (ASAE) EP 393.2 or future updates.
15     (c) A livestock waste handling facility owner may rely on
16 guidance from the local soil and water conservation district,
17 the Natural Resources Conservation Service of the United States
18 Department of Agriculture, or the University of Illinois
19 Cooperative Extension Service for soil type and associated
20 information.
21     (d) The standards in subsections (a) and (b) shall serve as
22 interim construction standards until such time as permanent
23 rules promulgated pursuant to Section 55 of this Act become
24 effective. In addition, the Department and the Board shall
25 utilize the interim standards in subsections (a) and (b) as a
26 basis for the development of such permanent rules.
27     (e) The owner or operator of a livestock management
28 facility or livestock waste handling facility may, with the
29 approval of the Department, elect to exceed the strength and
30 load requirements as set forth in this Section.
31     (f) The owner or operator of a livestock management
32 facility or livestock waste handling facility shall send, by
33 certified mail or in person, to the Department a certification
34 of compliance together with copies of verification documents
35 upon completion of construction. In the case of structures
36 constructed with the design standards used by the Natural

 

 

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1 Resources Conservation Service of the United States Department
2 of Agriculture, copies of the design standards and a statement
3 of verification signed by a representative of the United States
4 Department of Agriculture shall accompany the owner's or
5 operator's certification of compliance. The certification
6 shall state that the structure meets or exceeds the
7 requirements in subsection (a) of this Section. A $250 filing
8 fee shall accompany the statement.
9     (g) The Department shall inspect the construction site
10 prior to construction, during construction, and within 10
11 business days following receipt of the certification of
12 compliance to determine compliance with the construction
13 standards.
14     (h) The Department shall require modification when
15 necessary to bring the construction into compliance with the
16 standards set forth in this Section. The person making the
17 inspection shall discuss with the owner, operator, or certified
18 livestock manager an evaluation of the livestock waste handling
19 facility construction and shall (i) provide on-site written
20 recommendations to the owner, operator, or certified livestock
21 manager of what modifications are necessary or (ii) inform the
22 owner, operator, or certified livestock manager that the
23 facility meets the standards set forth in this Section. On the
24 day of the inspection, the person making the inspection shall
25 give the owner, operator, or certified livestock manager a
26 written report of findings based on the inspection together
27 with an explanation of remedial measures necessary to enable
28 the livestock waste handling facility to meet the standards set
29 forth in this Section. The Department shall, within 5 business
30 days of the date of inspection, send an official written notice
31 to the owner or operator of the livestock waste handling
32 facility by certified mail, return receipt requested,
33 indicating that the facility meets the standards set forth in
34 this Section or identifying the remedial measures necessary to
35 enable the livestock waste handling facility to meet the
36 standards set forth in this Section. The owner or operator

 

 

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1 shall, within 10 business days of receipt of an official
2 written notice of deficiencies, contact the Department to
3 develop the principles of an agreement of compliance. The owner
4 or operator and the Department shall enter into an agreement of
5 compliance setting forth the specific changes to be made to
6 bring the construction into compliance with the standards
7 required under this Section. If an agreement of compliance
8 cannot be achieved, the Department shall issue a compliance
9 order to the owner or operator outlining the specific changes
10 to be made to bring the construction into compliance with the
11 standards required under this Section. The owner or operator
12 can request an administrative hearing to contest the provisions
13 of the Department's compliance order.
14     (j) If any owner or operator operates in violation of an
15 agreement of compliance, the Department shall seek an
16 injunction in circuit court to prohibit the operation of the
17 facility until construction and certification of the livestock
18 waste handling facility are in compliance with the provisions
19 of this Section.
20     (j-5) Any owner or operator who commences operation prior
21 to receiving written approval from the Department shall be
22 subject to an administrative hearing by the Department. The
23 administrative law judge, upon determination of a failure to
24 receive written approval from the Department prior to the
25 commencement of operation shall impose a civil administrative
26 penalty in an amount not exceeding $1,000.
27     (k) When any livestock management facility not using an
28 earthen livestock waste lagoon is removed from service, the
29 accumulated livestock waste remaining within the facility
30 shall be removed and applied to land at rates consistent with a
31 waste management plan for the facility. Removal of the waste
32 shall occur within 12 months after the date livestock
33 production at the facility ceases. In addition, the owner or
34 operator shall make provisions to prevent the accumulation of
35 precipitation within the livestock waste handling facility.
36 Upon completion of the removal of manure, the owner or operator

 

 

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1 of the facility shall notify the Department that the facility
2 is being removed from service and the remaining manure has been
3 removed. The Department shall conduct an inspection of the
4 livestock waste handling facility and inform the owner or
5 operator in writing that the requirements imposed under this
6 subsection (k) have been met or that additional actions are
7 necessary. Commencement of operations at a facility that has
8 livestock shelters left intact and that has completed the
9 requirements imposed under this subsection (k) and that has
10 been operated as a livestock management facility or livestock
11 waste handling facility for 4 consecutive months at any time
12 within the previous 10 years shall not be considered a new or
13 expanded livestock management or waste handling facility. A new
14 facility constructed after May 21, 1996 that has been removed
15 from service for a period of 2 or more years shall not be
16 placed back into service prior to an inspection of the
17 livestock waste handling facility and receipt of written
18 approval by the Department.
19 (Source: P.A. 91-110, eff. 7-13-99.)
 
20     (510 ILCS 77/20)
21     Sec. 20. Handling, storing and disposing of livestock
22 waste.
23     (a) The livestock management facility owner or operator
24 shall comply with the requirements for handling, storing, and
25 disposing of livestock wastes as set forth in the rules adopted
26 pursuant to the Illinois Environmental Protection Act
27 concerning agriculture related pollution.
28     (b) The livestock management facility owner or operator at
29 a facility of less than 1,000 animal units shall not be
30 required to prepare and maintain a waste management plan.
31     (c) The livestock management facility owner or operator at
32 a facility of 1,000 or greater animal units but less than 5,000
33 animal units shall prepare and maintain on file at the
34 livestock management facility a general waste management plan.
35 Notwithstanding this requirement, a livestock management

 

 

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1 facility subject to this subsection may be operated on an
2 interim basis but not to exceed 6 months after the effective
3 date of the rules promulgated pursuant to this Act to allow for
4 the owner or operator of the facility to develop a waste
5 management plan. The waste management plan shall be available
6 for inspection during normal business hours by Department
7 personnel. A livestock management facility owner or operator
8 who has been issued a National Pollutant Discharge Elimination
9 System-Concentrated Animal Feeding Operation Permit by the
10 United States Environmental Protection Agency or the Illinois
11 Environmental Protection Agency shall not be subject to the
12 requirements of this subsection (c) during the time period that
13 the permit is effective.
14     (d) The livestock management facility owner or operator at
15 a facility of 5,000 or greater animal units shall prepare,
16 maintain, and submit to the Department the waste management
17 plan for approval. Approval of the waste management plan shall
18 be predicated on compliance with provisions of subsection (f).
19 The waste management plan shall be approved by the Department
20 before operation of the facility or in the case of an existing
21 facility, the waste management plan shall be submitted within
22 60 working days after the effective date of the rules
23 promulgated pursuant to this Act.
24     The owner or operator of an existing livestock management
25 facility that through growth meets or exceeds 5,000 animal
26 units shall file its waste management plan with the Department
27 within 60 working days after reaching the stated animal units.
28     The owner or operator of a livestock management facility
29 that is subject to this subsection (d) shall file within 60
30 working days with the Department a revised waste management
31 plan when there is a change as provided in subsection (e) of
32 this Section that will materially affect compliance with the
33 waste management plan.
34     A livestock management facility owner or operator who has
35 been issued a National Pollutant Discharge Elimination
36 System-Concentrated Animal Feeding Operation Permit by the

 

 

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1 United States Environmental Protection Agency or the Illinois
2 Environmental Protection Agency shall not be subject to the
3 requirements of this subsection (d) during the time period that
4 the permit is effective.
5     (d-5) The owner or operator of multiple livestock
6 management facilities under common facility ownership where
7 the cumulative animal units of the facilities are equal to or
8 greater than the animal unit numbers provided for in subsection
9 (c) of this Section shall prepare and keep on file at each
10 facility a waste management plan in accordance with the
11 requirements of subsection (c). The owner or operator of
12 multiple livestock management facilities that are under common
13 facility ownership where the cumulative animal units of the
14 facilities are equal to or greater than the animal unit numbers
15 provided for in subsection (d) of this Section shall prepare
16 and file with the Department a waste management plan in
17 accordance with the provisions of subsection (d). Cumulative
18 animal units shall be determined by combining the animal units
19 of multiple livestock management facilities under the common
20 facility ownership based upon the design capacity of each
21 facility. For the purposes of this subsection (d-5), "under
22 common facility ownership" means the same person or persons
23 own, directly or indirectly, through majority owned business
24 entities at least 51% of any person or persons (as defined by
25 Section 10.55) that own or operate the livestock management
26 facility or livestock waste handling facility located in the
27 State of Illinois.
28     (e) The owner or operator of a livestock management
29 facility shall update the waste management plan when there is a
30 change in values shown in the plan under item (1) of subsection
31 (f) of this Section. The waste management plan and records of
32 livestock waste disposal shall be kept on file for three years.
33     (f) The application of livestock waste to the land is an
34 acceptable, recommended, and established practice in Illinois.
35 However, when livestock waste is not applied in a responsible
36 manner, it may create pollutional problems. It should be

 

 

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1 recognized that research relative to livestock waste
2 application based on livestock waste nutrient content is
3 currently ongoing. The Dean of the College of Agricultural,
4 Consumer and Environmental Sciences at the University of
5 Illinois, or his or her designee, shall annually report to the
6 Advisory Committee on the status of phosphorus research,
7 including research that has been supported in whole or in part
8 by the Illinois Council on Food and Agricultural Research. The
9 Advisory Committee may also consult with other appropriate
10 research entities on the status of phosphorus research. It is
11 considered acceptable to prepare and implement a waste
12 management plan based on a nitrogen rate, unless otherwise
13 restricted by this Section. The waste management plan shall
14 include the following:
15         (1) An estimate of the volume of livestock waste to be
16     disposed of annually, which shall be obtained by
17     multiplying the design capacity of the facility by the
18     appropriate amount of waste generated by the animals. The
19     values showing the amount of waste generated in Table 2-1,
20     Midwest Plan Service's, MWPS-18, Livestock Waste
21     Management Facilities Handbook or Design Criteria for the
22     field application of livestock waste adopted by the Agency
23     may be used.
24         (2) The number of acres available for disposal of the
25     waste, whether they are owned by the owner or operator of
26     the livestock waste management facility or are shown to be
27     contracted with another person or persons for disposal of
28     waste.
29         (3) An estimate of the nutrient value of the waste. The
30     owner or operator may prepare a plan based on an average of
31     the minimum and maximum numbers in the table values derived
32     from Midwest Plan Service's, MWPS-18, Livestock Waste
33     Facilities Handbook, the Agency's Agriculture Related
34     Pollution regulations, or the results of analysis
35     performed on samples of waste. For the purposes of
36     compliance with this subsection, the nutrient values of

 

 

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1     livestock waste may vary as indicated in the source table.
2     In the case of laboratory analytical results, the nutrient
3     values may vary with the accuracy of the analytical method.
4         (3.5) Results of the Bray P1 or Mehlich test for soil
5     phosphorus reported in pounds of elemental phosphorus per
6     acre. Soil samples shall be obtained and analyzed from the
7     livestock waste application fields on land owned or under
8     the control of the owner or operator where applications are
9     planned. Fields where livestock waste is applied shall be
10     sampled every 3 years. Sampling procedures, such as the
11     number of samples and the depth of sampling, as outlined in
12     the current edition of the Illinois Agronomy Handbook shall
13     be followed when soil samples are obtained.
14         (3.6) If the average Bray P1 or Mehlich test result for
15     soil phosphorus calculated from samples obtained from the
16     application field is 300 pounds or less of elemental
17     phosphorus per acre, livestock waste may continue to be
18     applied to that field in accordance with subsection (f) of
19     this Section. If the average Bray P1 or Mehlich test result
20     for soil phosphorus for an application field is greater
21     than 300 pounds of elemental phosphorus per acre, the owner
22     or operator shall apply livestock waste at the phosphorus
23     rate to the field until the average Bray P1 or Mehlich test
24     for soil phosphorus indicates there is less than 300 pounds
25     of elemental phosphorus per acre. Upon the development of a
26     phosphorus index that is approved subject to the provisions
27     established in Section 55 of this Act, the owner or
28     operator shall use such index in lieu of the 300 pounds of
29     elemental phosphorus per acre.
30         (4) An indication that the livestock waste will be
31     applied at rates not to exceed the agronomic nitrogen
32     demand of the crops to be grown when averaged over a 5-year
33     period.
34         (5) A provision that livestock waste applied within 1/4
35     mile of any residence not part of the facility shall be
36     injected or incorporated on the day of application.

 

 

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1     However, livestock management facilities and livestock
2     waste handling facilities that have irrigation systems in
3     operation prior to the effective date of this Act or
4     existing facilities applying waste on frozen ground are not
5     subject to the provisions of this item (5).
6         (6) A provision that livestock waste may not be applied
7     within 200 feet of surface water unless the water is
8     upgrade or there is adequate diking, and waste will not be
9     applied within 150 feet of potable water supply wells.
10         (7) A provision that livestock waste may not be applied
11     in a 10-year flood plain unless the injection or
12     incorporation method of application is used.
13         (8) A provision that livestock waste may not be applied
14     in waterways.
15         (9) A provision that if waste is spread on frozen or
16     snow-covered land, the application will be limited to land
17     areas on which:
18             (A) land slopes are 5% or less, or
19             (B) adequate erosion control practices exist.
20         (10) Methods for disposal of animal waste.
21     (g) Any person who is required to prepare and maintain a
22 waste management plan and who fails to do so shall be issued a
23 warning letter by the Department for the first violation and
24 shall be given 30 working days to prepare a waste management
25 plan. For failure to prepare and maintain a waste management
26 plan, the person shall be fined an administrative penalty of up
27 to $1,000 by the Department and shall be required to enter into
28 an agreement of compliance to prepare and maintain a waste
29 management plan within 30 working days. For failure to prepare
30 and maintain a waste management plan after the second 30 day
31 period or for failure to enter into a compliance agreement, the
32 Department may issue an operational cease and desist order
33 until compliance is attained.
34 (Source: P.A. 91-110, eff. 7-13-99; 92-16, eff. 6-28-01.)
 
35     (510 ILCS 77/35)

 

 

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1     Sec. 35. Setbacks for livestock management and livestock
2 handling facilities.
3     (a) Grandfather provision; facilities in existence prior
4 to July 15, 1991. Livestock management facilities and livestock
5 waste handling facilities in existence prior to July 15, 1991
6 shall comply with setbacks in existence prior to July 15, 1991,
7 as set forth in the Illinois Environmental Protection Act and
8 rules promulgated under that Act.
9     (b) Grandfather provision; facilities in existence on
10 effective date and after July 15, 1991. Livestock management
11 facilities and livestock waste handling facilities in
12 existence on the effective date of this Act but after July 15,
13 1991 shall comply with setbacks in existence prior to the
14 effective date of this Act, as set forth in the Illinois
15 Environmental Protection Act and rules promulgated under that
16 Act.
17     (c) New livestock management or livestock waste handling
18 facilities. Any new facility shall comply with the following
19 setbacks:
20         (1) For purposes of determining setback distances,
21     minimum distances shall be measured from the nearest corner
22     of the residence or place of common assembly to the nearest
23     corner of the earthen waste lagoon or livestock management
24     facility, whichever is closer.
25         (2) A livestock management facility or livestock waste
26     handling facility serving less than 50 animal units shall
27     be exempt from setback distances as set forth in this Act
28     but shall be subject to rules promulgated under the
29     Illinois Environmental Protection Act.
30         (3) For a livestock management facility or waste
31     handling facility serving 50 or greater but less than 1,000
32     animal units, the minimum setback distance shall be 1/4
33     mile from the nearest occupied residence and 1/2 mile from
34     the nearest populated area.
35         (3.5) A livestock management facility or waste
36     handling facility serving 50 or greater and 150 or less

 

 

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1     animal units located wholly within an agricultural area as
2     established pursuant to the Agricultural Areas
3     Conservation and Protection Act with a separation distance
4     of not less than 2,640 feet between the outermost extent of
5     the livestock management facility or livestock waste
6     handling facility and the agricultural area boundaries
7     shall be exempt from setback distances as set forth in this
8     Act but shall be subject to rules adopted under the
9     Illinois Environmental Protection Act.
10         (4) For a livestock management facility or livestock
11     waste handling facility serving 1,000 or greater but less
12     than 7,000 animal units, the setback is as follows:
13             (A) For a populated area, the minimum setback shall
14         be increased 440 feet over the minimum setback of 1/2
15         mile for each additional 1,000 animal units over 1,000
16         animal units.
17             (B) For any occupied residence, the minimum
18         setback shall be increased 220 feet over the minimum
19         setback of 1/4 mile for each additional 1,000 animal
20         units over 1,000 animal units.
21         (5) For a livestock management facility or livestock
22     waste handling facility serving 7,000 or greater animal
23     units, the setback is as follows:
24             (A) For a populated area, the minimum setback shall
25         be 1 mile.
26             (B) For any occupied residence, the minimum
27         setback shall be 1/2 mile.
28     (d) Requirements governing the location of a new livestock
29 management facility and new livestock waste-handling facility
30 and conditions for exemptions or compliance with the maximum
31 feasible location as provided in rules adopted pursuant to the
32 Illinois Environmental Protection Act concerning agriculture
33 regulated pollution shall apply to those facilities identified
34 in subsections (b) and (c) of this Section. With regard to the
35 maximum feasible location requirements, any reference to a
36 setback distance in the rules under the Illinois Environmental

 

 

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1 Protection Act shall mean the appropriate distance as set forth
2 in this Section.
3     (e) Setback category shall be determined by the design
4 capacity in animal units of the livestock management facility.
5     (f) Setbacks may be decreased when innovative designs as
6 approved by the Department are incorporated into the facility.
7     (g) A setback may be decreased when waivers are obtained
8 from owners of residences that are occupied and located in the
9 setback area.
10 (Source: P.A. 91-110, eff. 7-13-99.)
 
11     (510 ILCS 77/55)
12     Sec. 55. Rules; Livestock Management Facilities Advisory
13 Committee.
14     (a) There is hereby established a Livestock Management
15 Facilities Advisory Committee, which shall include the
16 Directors of the Department of Agriculture, the Environmental
17 Protection Agency, the Department of Natural Resources, and the
18 Department of Public Health, or their designees. The Director
19 of Agriculture or his or her designee shall serve as the Chair
20 of the Advisory Committee. Members of the Advisory Committee
21 may organize themselves as they deem necessary and shall serve
22 without compensation.
23     (b) The Advisory Committee shall review, evaluate, and make
24 recommendations to the Department of Agriculture for rules
25 necessary for the implementation of this Act. Based upon the
26 recommendations of the Advisory Committee, the Department of
27 Agriculture shall: (i) propose rules to the Pollution Control
28 Board for the implementation of design and construction
29 standards for livestock waste handling facilities as set forth
30 in Sections 13 and 15(a-5) of this Act based upon the standards
31 set forth in the American Society of Agricultural Engineers'
32 Standards, Engineering Practices and Data (ASAE Standards) and
33 future updates, Midwest Plan Service's Concrete Manure Storage
34 Handbook (MWPS-36) and future updates and related supplemental
35 technical documents, the Midwest Plan Service's Livestock

 

 

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1 Waste Facilities Handbook (MWPS-18) and future updates and
2 related supplemental technical documents or similar standards
3 used by the Natural Resources Conservation Service of the
4 United States Department of Agriculture; and (ii) on and after
5 the effective date of this amendatory Act of 1999, provide
6 public notice in the State newspaper, the Illinois Register,
7 and on the Department's Internet website; hold public hearings
8 during the first notice period; and take public comments and
9 adopt rules pursuant to the Illinois Administrative Procedure
10 Act for all Sections of this Act other than design and
11 construction standards for livestock waste handling facility
12 as set forth in Sections 13 and 15(a-5).
13     (c) The Pollution Control Board shall hold hearings on and
14 adopt rules for the implementation of design and construction
15 standards for livestock waste handling facilities as set forth
16 in Sections 13 and 15(a-5) of this Act in the manner provided
17 for in Sections 27 and 28 of the Environmental Protection Act.
18 Rules adopted pursuant to this Section shall take into account
19 all available pollution control technologies and shall be
20 technologically feasible and economically reasonable.
21     (d) The Advisory Committee shall meet as needed as
22 determined by the Chair of the Advisory Committee to accomplish
23 the requirements of subsection (b) once every 6 months after
24 the effective date of this amendatory Act of 1997 to review,
25 evaluate, and make recommendations to the Department of
26 Agriculture concerning the Department's random inspection of
27 livestock waste lagoons under Section 16 of this Act.
28 (Source: P.A. 90-565, eff. 6-1-98; 91-110, eff. 7-13-99.)
 
29     (510 ILCS 77/17 rep.)
30     Section 10. The Livestock Management Facilities Act is
31 amended by repealing Section 17.