Full Text of SB2088 94th General Assembly
SB2088sam001 94TH GENERAL ASSEMBLY
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Sen. Debbie DeFrancesco Halvorson
Filed: 3/10/2005
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| AMENDMENT TO SENATE BILL 2088
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| AMENDMENT NO. ______. Amend Senate Bill 2088 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Livestock Management Facilities Act is | 5 |
| amended by changing Sections 11, 12, 13, 20, 35, and 55 as | 6 |
| follows:
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| (510 ILCS 77/11)
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| 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 |
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| separation distance of not less than 2,640 feet between the | 2 |
| outermost extent of the livestock management facility or | 3 |
| livestock waste handling facility and the agricultural area | 4 |
| boundaries shall be exempt from the requirement to file a | 5 |
| notice of intent to construct.
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| (b) For a livestock waste handling facility that is not | 7 |
| subject to Section
12
of this Act, a
construction plan of the | 8 |
| waste handling structure with design specifications of
the
| 9 |
| structure noted as prepared by or for the owner or operator | 10 |
| shall be filed with
the
Department at least 10 calendar days | 11 |
| prior to the anticipated dates of
construction.
Upon receipt of | 12 |
| the notice of intent to construct form or the construction
| 13 |
| plan, the
Department shall review the documents to determine if | 14 |
| all information has been
submitted or if clarification is | 15 |
| needed. Upon notification by the Department that the notice is | 16 |
| complete, the owner or operator shall send a copy of the notice | 17 |
| of intent to construct for a livestock management facility or | 18 |
| livestock waste handling facility to the owners of property | 19 |
| within the setback distances. For the purposes of this | 20 |
| subsection (b), the owners of property located within the | 21 |
| setback areas are presumed, unless established to the contrary, | 22 |
| to be the persons shown by the current tax collector's warrant | 23 |
| book to be the party in whose name the taxes were last | 24 |
| assessed. The Department shall, within 15
calendar days
of | 25 |
| receipt of a notice of intent to construct or the construction | 26 |
| plan, notify
the owner or
operator that construction may begin | 27 |
| or that clarification is needed.
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| (c) For a livestock waste handling facility that is subject | 29 |
| to Section 12 of
this Act, a
completed registration shall be | 30 |
| filed with the Department at least 37 calendar
days
prior to | 31 |
| the anticipated dates of construction. The registration shall | 32 |
| include
the
following: (i) the name and address of the owner | 33 |
| and operator of the livestock
waste
handling facility; (ii) a | 34 |
| general description of the livestock waste handling
structure
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| and the type and number of the animal units of livestock it | 2 |
| serves; (iii) the
construction plan of the waste handling | 3 |
| structure with design specifications of
the
structure noted as | 4 |
| prepared by or for the owner or operator, and (iv)
anticipated | 5 |
| dates
of construction. The Department shall, within 15 calendar | 6 |
| days of receipt of
the
registration form, notify the person | 7 |
| submitting the form that the registration
is
complete or that | 8 |
| clarification information is needed. Upon notification by the | 9 |
| Department that the registration is complete, the owner or | 10 |
| operator shall send a copy of the notice of intent to construct | 11 |
| for a livestock management facility or livestock waste handling | 12 |
| facility to the owners of property within the setback | 13 |
| distances. For the purposes of this subsection (c), the owners | 14 |
| of property located within the setback areas are presumed, | 15 |
| unless established to the contrary, to be the persons shown by | 16 |
| the current tax collector's warrant book to be the party in | 17 |
| whose name the taxes were last assessed.
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| (d) Any owner or operator who fails to file a notice of | 19 |
| intent to construct
form or
construction plans with the | 20 |
| Department prior to commencing construction, upon
being
| 21 |
| discovered by the Department, shall be subject to an | 22 |
| administrative hearing by the
Department. The administrative | 23 |
| law judge, upon determination of a failure to file the
| 24 |
| appropriate form, shall impose a civil administrative penalty | 25 |
| in an amount no more
than $1,000 and shall enter an | 26 |
| administrative order directing that the owner or
operator file | 27 |
| the appropriate form within 10 business days after receiving | 28 |
| notice from
the Department. If, after receiving the | 29 |
| administrative law judge's order to file, the
owner or operator | 30 |
| fails to file the appropriate form with the Department, the
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| Department shall impose a civil administrative penalty in an | 32 |
| amount no less than
$1,000 and no more than $2,500 and shall | 33 |
| enter an administrative order
prohibiting
the operation of the | 34 |
| facility until the owner or operator is in compliance with
this |
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| Act.
Penalties under this subsection (d) not paid within 60 | 2 |
| days of notice from the
Department shall be submitted to the | 3 |
| Attorney General's office or an approved
private collection | 4 |
| agency.
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| (d-5) Any owner or operator who commences construction | 6 |
| prior to receiving written approval from the Department shall | 7 |
| be subject to an administrative hearing by the Department. The | 8 |
| administrative law judge, upon determination of a failure to | 9 |
| receive written approval from the Department prior to | 10 |
| commencement of construction, shall impose a civil | 11 |
| administrative penalty in an amount not exceeding $1,000 and | 12 |
| shall enter an administrative order directing that the owner or | 13 |
| operator pay the monetary penalty to the Department prior to | 14 |
| the re-commencement of any additional construction and the | 15 |
| placement of the facility into operation.
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| (Source: P.A. 91-110, eff. 7-13-99.)
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| (510 ILCS 77/12)
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| Sec. 12. Public informational meeting; lagoons and | 19 |
| non-lagoon structures.
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| (a) Beginning on the effective date of this amendatory Act | 21 |
| of 1999, within 7
days after
receiving a form giving notice of | 22 |
| intent to construct (i) a new livestock
management facility or
| 23 |
| livestock waste handling facility serving 1,000 or more animal | 24 |
| units that does
not propose to
utilize a lagoon or (ii) a | 25 |
| livestock waste management facility or livestock
waste | 26 |
| handling facility
that does propose to utilize a lagoon, the | 27 |
| Department shall send a copy of the
notice form to the
county | 28 |
| board of the county in which the facility is to be located and | 29 |
| shall
publish a public notice in
a newspaper of general | 30 |
| circulation within the county. After receiving a copy
of the | 31 |
| notice form
from the Department, the county board may, at its | 32 |
| discretion and within 30 days
after receipt of
the notice, | 33 |
| request that the Department conduct an informational meeting
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| concerning the
proposed construction that is subject to this | 2 |
| Section. In addition, during the
county's 30-day
review period, | 3 |
| county residents may petition the county board of the county
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| where the proposed
new facility will be located to request that | 5 |
| the Department conduct an
informational meeting.
When | 6 |
| petitioned by 75 or more of the county's residents who are | 7 |
| registered
voters, the county
board shall request that the | 8 |
| Department conduct an informational meeting. If
the county | 9 |
| board
requests that the Department conduct the informational | 10 |
| meeting, the Department
shall conduct
the informational | 11 |
| meeting within 15 days of the county board's request. If the
| 12 |
| Department
conducts such a meeting, it shall cause notice of | 13 |
| the meeting to be published
in a newspaper of
general | 14 |
| circulation in the county and in the State newspaper and shall | 15 |
| send a
copy of the notice to the County Board. Upon receipt of | 16 |
| the notice, the County
Board shall post the notice
on the | 17 |
| public
informational board at the county courthouse at least 10 | 18 |
| days before the
meeting. The owner or
operator who submitted | 19 |
| the notice of intent to construct to the Department
shall | 20 |
| appear at the
meeting. At the meeting, the Department shall | 21 |
| afford members of the public an
opportunity to ask
questions | 22 |
| and present oral or written comments concerning the proposed
| 23 |
| construction. Notwithstanding the provisions of this Section, | 24 |
| a livestock management facility or livestock waste handling | 25 |
| facility serving 2,000 or less animal units whose location and | 26 |
| setbacks are located wholly within an agricultural area | 27 |
| established pursuant to the Agricultural Areas Conservation | 28 |
| and Protection Act shall be exempt from the requirements of | 29 |
| this Section.
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| (b) The county board shall submit at the informational | 31 |
| meeting or within 30
days following
the meeting an advisory, | 32 |
| non-binding recommendation to the Department about the
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| proposed
new facility's construction in accordance with the | 34 |
| applicable requirements of
this Act. The
advisory, non-binding |
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| recommendation shall contain at a minimum:
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| (1) a statement of whether the proposed facility | 3 |
| achieves or fails to
achieve each
of the 8 siting criteria | 4 |
| as outlined in subsection (d); and
| 5 |
| (2) a statement of the information and criteria used by | 6 |
| the county board
in
determining that the proposed facility | 7 |
| met or failed to meet any of the
criteria
described in | 8 |
| subsection (d).
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| (c) When the county board requests an informational | 10 |
| meeting, construction
shall not
begin until after the | 11 |
| informational meeting has been held, the Department has
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| reviewed the
county board's recommendation and replied to the | 13 |
| recommendation indicating if
the proposed
new livestock | 14 |
| management facility or the new livestock waste handling | 15 |
| facility
is or will be in
compliance with the requirements of | 16 |
| the Act, and the owner, operator, or
certified manager and
| 17 |
| operator has received the Department's notice that the setbacks | 18 |
| and all
applicable requirements
of this Act have been met.
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| (d) At the informational meeting for the proposed facility, | 20 |
| the Department
of
Agriculture
shall receive evidence by | 21 |
| testimony or otherwise on the following subjects:
| 22 |
| (1) Whether registration and livestock waste | 23 |
| management plan certification
requirements, if required, | 24 |
| are met by the notice of intent to construct.
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| (2) Whether the design, location, or proposed | 26 |
| operation will protect the
environment
by being consistent | 27 |
| with this Act.
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| (3) Whether the location minimizes any incompatibility | 29 |
| with the
surrounding area's
character by being located in | 30 |
| any area zoned for agriculture where the county
has zoning | 31 |
| or where the county is not zoned, the setback requirements
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| established by this Act are complied with.
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| (4) Whether the facility is located within a 100-year | 34 |
| floodplain or an
otherwise
environmentally sensitive area |
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| (defined as an area of karst area or with
aquifer
material | 2 |
| within 5 feet of the bottom of the livestock waste handling | 3 |
| facility)
and
whether construction standards set forth in | 4 |
| the notice of intent to construct
are
consistent with the | 5 |
| goal of protecting the safety of the area.
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| (5) Whether the owner or operator has submitted plans | 7 |
| for operation that
minimize
the likelihood of any | 8 |
| environmental damage to the surrounding area from spills,
| 9 |
| runoff, and leaching.
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| (6) Whether odor control plans are reasonable and | 11 |
| incorporate reasonable
or
innovative odor reduction | 12 |
| technologies given the current state of such
technologies.
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| (7) Whether traffic patterns minimize the effect on | 14 |
| existing traffic
flows.
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| (8) Whether construction or modification of a new | 16 |
| facility is consistent
with existing
community growth, | 17 |
| tourism, recreation, or economic development or with | 18 |
| specific
projects involving community growth, tourism, | 19 |
| recreation, or economic
development that have been | 20 |
| identified by government action for development or
| 21 |
| operation within one year through compliance with | 22 |
| applicable zoning and setback
requirements for populated | 23 |
| areas as established by this Act.
| 24 |
| (Source: P.A. 91-110, eff. 7-13-99.)
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| (510 ILCS 77/13)
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| Sec. 13. Livestock waste handling facilities other than | 27 |
| earthen livestock
waste lagoons;
construction standards; | 28 |
| certification; inspection; removal-from-service
requirements. | 29 |
| (a) After the effective date of this amendatory Act of | 30 |
| 1999, livestock waste
handling
facilities other than earthen | 31 |
| livestock waste lagoons used for the storage of
livestock waste | 32 |
| shall
be constructed in accordance with this Section. A | 33 |
| livestock management facility or livestock waste handling |
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| facility serving 150 or less animal units located wholly within | 2 |
| an agricultural area as established pursuant to the | 3 |
| Agricultural Areas Conservation and Protection Act with a | 4 |
| separation distance of not less than 2,640 feet between the | 5 |
| outermost extent of the livestock management facility or | 6 |
| livestock waste handling facility and the agricultural area | 7 |
| boundaries shall be exempt from the requirements of this | 8 |
| Section.
| 9 |
| (1) Livestock waste handling facilities constructed of | 10 |
| concrete shall meet
the
strength and load factors set forth | 11 |
| in the Midwest Plan Service's Concrete
Manure
Storage | 12 |
| Handbook (MWPS-36) and future updates. In addition, those | 13 |
| structures
shall
meet the following requirements:
| 14 |
| (A) Waterstops shall be incorporated into the | 15 |
| design of the storage
structure when consistent with | 16 |
| the requirements of paragraph (1) of this
subsection;
| 17 |
| (B) Storage structures that handle waste in a | 18 |
| liquid form shall be
designed to contain a volume of | 19 |
| not less than the amount of waste generated
during 150 | 20 |
| days of facility operation at design capacity . The | 21 |
| owner or operator of a livestock waste handling | 22 |
| facility with a design capacity of 300 or less animal | 23 |
| units may demonstrate to the Department that a reduced | 24 |
| storage volume, not less than 60 days, is feasible due | 25 |
| to the availability of land application areas which can | 26 |
| receive manure at agronomic rates or other manure | 27 |
| disposal method is proposed which will allow for the | 28 |
| reduced manure storage design capacity. The Department | 29 |
| shall evaluate the proposal and determine whether a | 30 |
| reduced manure storage design capacity is appropriate | 31 |
| for the site ; and
| 32 |
| (C) Storage structures not covered or otherwise | 33 |
| protected from
precipitation shall, in addition to the | 34 |
| waste storage volume requirements of
subparagraph (B) |
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| of paragraph (1) of this subsection, include a 2-foot
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| freeboard.
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| (2) A livestock waste handling facility in a | 4 |
| prefabricated form shall meet
the
strength, load, and | 5 |
| compatibility factors for its intended use. Those factors
| 6 |
| shall be
verified by the manufacturer's specifications.
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| (3) Livestock waste handling facilities holding | 8 |
| semi-solid livestock
waste,
including but not limited to | 9 |
| picket dam structures, shall be constructed
according to
| 10 |
| the requirements set forth in the Midwest Plan Service's | 11 |
| Livestock Waste
Facilities
Handbook (MWPS-18) and future | 12 |
| updates or similar standards used by the Natural
Resources | 13 |
| Conservation Service of the United States Department of | 14 |
| Agriculture.
| 15 |
| (4) Livestock waste handling facilities holding solid | 16 |
| livestock waste
shall be
constructed according to the | 17 |
| requirements set forth in the Midwest Plan
Service's
| 18 |
| Livestock Waste Facilities Handbook (MWPS-18) and future | 19 |
| updates or similar
standards used by the Natural Resources | 20 |
| Conservation Service of the United
States
Department of | 21 |
| Agriculture. In addition, solid livestock waste stacking
| 22 |
| structures shall
be sized to store not less than the amount | 23 |
| of waste generated during 6 months
of facility
operation at | 24 |
| design capacity. The owner or operator of a livestock waste | 25 |
| handling facility with a design capacity of 300 or less | 26 |
| animal units may demonstrate to the Department that a | 27 |
| reduced storage volume, not less than 2 months, is feasible | 28 |
| due to the availability of land application areas which can | 29 |
| receive manure at agronomic rates or other manure disposal | 30 |
| method is proposed which will allow for the reduced storage | 31 |
| design capacity. The Department shall evaluate the | 32 |
| proposal and determine whether a reduced manure storage | 33 |
| design capacity is appropriate for the site.
| 34 |
| (5) Holding ponds used for the temporary storage of |
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| livestock feedlot
run-off
shall be constructed according | 2 |
| to the requirements set forth in the Midwest
Plan
Service's | 3 |
| Livestock Waste Facilities Handbook (MWPS-18) and future | 4 |
| updates or
similar standards used by the Natural Resources | 5 |
| Conservation Service of the
United
States Department of | 6 |
| Agriculture.
| 7 |
| (6) Settling basins and holding ponds that are | 8 |
| designed, constructed, and operated solely for the | 9 |
| management and control of feedlot runoff only and within | 10 |
| which no livestock manure is actively stored or handled are | 11 |
| exempt from the requirements of this Section. An additional | 12 |
| manure storage structure must be present at the livestock | 13 |
| management facility for this exemption to be valid. | 14 |
| (7) Permanent manure pipelines or other conveyances | 15 |
| that are designed and utilized to transport manure from a | 16 |
| livestock waste handling facility to a land application | 17 |
| area shall not be subject to the provisions of this | 18 |
| Section. Pipelines and other conveyances that transport | 19 |
| manure from one component of a livestock waste handling | 20 |
| facility to another component of the same livestock waste | 21 |
| handling facility shall be subject to the provisions of | 22 |
| this Section.
| 23 |
| (b) New livestock management facilities and livestock | 24 |
| waste handling
facilities
constructed after the effective date | 25 |
| of this amendatory Act of 1999 shall be
subject to the
| 26 |
| additional construction requirements and siting prohibitions | 27 |
| provided in this
subsection (b).
| 28 |
| (1) No new non-lagoon livestock management facility or | 29 |
| livestock waste
handling facility may be constructed | 30 |
| within the floodway of a 100-year
floodplain. A
new | 31 |
| livestock management facility or livestock waste handling | 32 |
| facility may be
constructed within the portion of a | 33 |
| 100-year floodplain that is within the
flood fringe
and | 34 |
| outside the floodway provided that the facility is designed |
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| and constructed
to be
protected from flooding and meets the | 2 |
| requirements set forth in the Rivers,
Lakes, and Streams | 3 |
| Act, Section 5-40001 of the Counties Code,
and Executive | 4 |
| Order Number 4 (1979). The delineation of
floodplains, | 5 |
| floodways, and flood fringes shall be in compliance with | 6 |
| the
National Flood
Insurance Program. Protection from | 7 |
| flooding shall be consistent with the
National
Flood | 8 |
| Insurance Program and shall be designed so that stored | 9 |
| livestock waste is
not
readily removed.
| 10 |
| (2) A new non-lagoon livestock waste handling facility | 11 |
| constructed in a
karst
area shall be designed to prevent | 12 |
| seepage of the stored material into
groundwater in
| 13 |
| accordance with ASAE 393.2 or future updates. Owners or | 14 |
| operators of proposed
facilities should consult with the | 15 |
| local soil and water conservation district,
the
University | 16 |
| of Illinois Cooperative Extension Service, or other local, | 17 |
| county,
or State
resources relative to determining the | 18 |
| possible presence or absence of such
areas.
| 19 |
| Notwithstanding the other provisions of this paragraph | 20 |
| (2), after the
effective date
of this amendatory Act of | 21 |
| 1999, no non-lagoon livestock waste handling facility
may | 22 |
| be
constructed within 400 feet of any natural depression in | 23 |
| a karst area formed as
a result
of subsurface removal of | 24 |
| soil or rock materials that has caused the formation
of a
| 25 |
| collapse feature that exhibits internal drainage. For the | 26 |
| purposes of this
paragraph
(2), the existence of such a | 27 |
| natural depression in a karst area shall be
indicated by
| 28 |
| the uppermost closed depression contour lines on a USGS 7 | 29 |
| 1/2 minute quadrangle
topographic map or as determined by | 30 |
| Department field investigation in a karst
area.
| 31 |
| (3) A new non-lagoon livestock waste handling facility | 32 |
| constructed in an
area
where aquifer material is present | 33 |
| within 5 feet of the bottom of the facility
shall be
| 34 |
| designed to ensure the structural integrity of the |
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| containment structure and to
prevent
seepage of the stored | 2 |
| material to groundwater. Footings and underlying
structure
| 3 |
| support shall be incorporated into the design standards of | 4 |
| the storage
structure in
accordance with the requirements | 5 |
| of Section 4.1 of the American Society of
Agricultural | 6 |
| Engineers (ASAE) EP 393.2 or future updates.
| 7 |
| (c) A livestock waste handling facility owner may rely on | 8 |
| guidance from the
local soil
and water conservation district, | 9 |
| the Natural Resources Conservation Service of
the United
States | 10 |
| Department of Agriculture, or the University of Illinois | 11 |
| Cooperative
Extension Service
for soil type and associated | 12 |
| information.
| 13 |
| (d) The standards in subsections (a) and (b) shall serve as | 14 |
| interim
construction
standards until such time as permanent | 15 |
| rules promulgated pursuant to Section 55
of this Act
become | 16 |
| effective. In addition, the Department and the Board shall | 17 |
| utilize the
interim
standards in subsections (a) and (b) as a | 18 |
| basis for the development of such
permanent rules.
| 19 |
| (e) The owner or operator of a livestock management | 20 |
| facility or livestock
waste
handling facility may, with the | 21 |
| approval of the Department, elect to exceed the
strength and
| 22 |
| load requirements as set forth in this Section.
| 23 |
| (f) The owner or operator of a livestock management | 24 |
| facility or livestock
waste
handling facility shall send, by | 25 |
| certified mail or in person, to the Department
a certification
| 26 |
| of compliance together with copies of verification documents | 27 |
| upon completion of
construction.
In the case of structures | 28 |
| constructed with the design standards used by the
Natural | 29 |
| Resources
Conservation Service of the United States Department | 30 |
| of Agriculture, copies of
the design
standards and a statement | 31 |
| of verification signed by a representative of the
United States
| 32 |
| Department of Agriculture shall accompany the owner's or | 33 |
| operator's
certification of
compliance. The certification | 34 |
| shall state that the structure meets or exceeds
the |
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| requirements
in subsection (a) of this Section. A $250 filing | 2 |
| fee shall accompany the
statement.
| 3 |
| (g) The Department shall inspect the construction site | 4 |
| prior to
construction, during
construction, and within 10 | 5 |
| business days following receipt of the
certification of | 6 |
| compliance
to determine compliance with the construction | 7 |
| standards.
| 8 |
| (h) The Department shall require modification when | 9 |
| necessary to bring the
construction into compliance with the | 10 |
| standards set forth in this Section. The
person making
the | 11 |
| inspection shall discuss with the owner, operator, or certified | 12 |
| livestock
manager an
evaluation of the livestock waste handling | 13 |
| facility construction and shall (i)
provide on-site
written | 14 |
| recommendations to the owner, operator, or certified livestock | 15 |
| manager
of what
modifications are necessary or (ii) inform the | 16 |
| owner, operator, or certified
livestock manager
that the | 17 |
| facility meets the standards set forth in this Section. On the | 18 |
| day of
the inspection, the
person making the inspection shall | 19 |
| give the owner, operator, or certified
livestock manager a
| 20 |
| written report of findings based on the inspection together | 21 |
| with an explanation
of remedial
measures necessary to enable | 22 |
| the livestock waste handling facility to meet the
standards set
| 23 |
| forth in this Section. The Department shall, within 5 business | 24 |
| days of the date of inspection,
send an official written notice | 25 |
| to the owner or operator of the livestock waste handling | 26 |
| facility
by certified mail, return receipt requested, | 27 |
| indicating that the facility meets the standards set
forth in | 28 |
| this Section or identifying the remedial measures necessary to | 29 |
| enable the livestock
waste handling facility to meet the | 30 |
| standards set forth in this Section. The owner or operator
| 31 |
| shall, within 10 business days of receipt of an official | 32 |
| written notice of deficiencies, contact the
Department to | 33 |
| develop the principles of an agreement of compliance. The owner | 34 |
| or operator
and the Department shall enter into an agreement of |
|
|
|
09400SB2088sam001 |
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|
| 1 |
| compliance setting forth the specific
changes to be made to | 2 |
| bring the construction into compliance with the standards
| 3 |
| required under
this Section. If an agreement of compliance | 4 |
| cannot be achieved, the Department
shall issue a
compliance | 5 |
| order to the owner or operator outlining the specific changes | 6 |
| to be
made to bring
the construction into compliance with the | 7 |
| standards required under this
Section.
The owner
or operator | 8 |
| can request an administrative hearing to contest the provisions | 9 |
| of
the
Department's compliance order.
| 10 |
| (j) If any owner or operator operates in violation of an | 11 |
| agreement of
compliance, the
Department shall seek an | 12 |
| injunction in circuit court to prohibit the operation
of the | 13 |
| facility
until construction and certification of the livestock | 14 |
| waste handling facility
are in compliance
with the provisions | 15 |
| of this Section.
| 16 |
| (j-5) Any owner or operator who commences operation prior | 17 |
| to receiving written approval from the Department shall be | 18 |
| subject to an administrative hearing by the Department. The | 19 |
| administrative law judge, upon determination of a failure to | 20 |
| receive written approval from the Department prior to the | 21 |
| commencement of operation shall impose a civil administrative | 22 |
| penalty in an amount not exceeding $1,000.
| 23 |
| (k) When any livestock management facility not using an | 24 |
| earthen livestock
waste
lagoon is removed from service, the | 25 |
| accumulated livestock waste remaining within the facility
| 26 |
| shall be removed and applied to land at rates consistent with a | 27 |
| waste management plan for the
facility. Removal of the waste | 28 |
| shall occur within 12 months after the date
livestock | 29 |
| production
at the facility ceases. In addition, the owner or | 30 |
| operator shall make
provisions to prevent the
accumulation of | 31 |
| precipitation within the livestock waste handling facility.
| 32 |
| Upon completion
of the removal of manure, the owner or operator | 33 |
| of the facility shall notify
the Department that
the facility | 34 |
| is being removed from service and the remaining manure has been
|
|
|
|
09400SB2088sam001 |
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| 1 |
| removed. The
Department shall conduct an inspection of the | 2 |
| livestock waste handling facility
and inform the
owner or | 3 |
| operator in writing that the requirements imposed under this
| 4 |
| subsection (k) have been met or that
additional actions are | 5 |
| necessary. Commencement of operations at a facility
that has | 6 |
| livestock
shelters left intact and that has completed the | 7 |
| requirements imposed under this
subsection
(k)
and that has | 8 |
| been
operated as a livestock management facility or livestock | 9 |
| waste handling
facility for 4
consecutive months at any time | 10 |
| within the previous 10 years shall not be
considered a new or
| 11 |
| expanded livestock management or waste handling facility. A new | 12 |
| facility
constructed after May 21, 1996 that has
been removed
| 13 |
| from service for a period of 2 or more years shall not be | 14 |
| placed back into
service prior to an
inspection of the | 15 |
| livestock waste handling facility and receipt of written
| 16 |
| approval by the
Department.
| 17 |
| (Source: P.A. 91-110, eff. 7-13-99.)
| 18 |
| (510 ILCS 77/20)
| 19 |
| Sec. 20. Handling, storing and disposing of livestock | 20 |
| waste.
| 21 |
| (a) The livestock management facility owner or operator | 22 |
| shall comply
with the requirements for handling, storing, and | 23 |
| disposing of livestock wastes
as set forth in the rules adopted | 24 |
| pursuant to the Illinois Environmental
Protection Act | 25 |
| concerning agriculture related pollution.
| 26 |
| (b) The livestock management facility owner or operator at | 27 |
| a facility of
less than 1,000 animal units shall not be | 28 |
| required to prepare and maintain a
waste management plan.
| 29 |
| (c) The livestock management facility owner or operator at | 30 |
| a facility of
1,000 or greater animal units but less than 5,000 | 31 |
| animal units
shall prepare
and maintain on file at the | 32 |
| livestock management facility a general waste
management plan. | 33 |
| Notwithstanding this requirement, a livestock management
|
|
|
|
09400SB2088sam001 |
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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 |
|
|
|
09400SB2088sam001 |
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|
| 1 |
| been issued a National Pollutant Discharge Elimination | 2 |
| System-Concentrated Animal Feeding Operation Permit by the | 3 |
| United States Environmental Protection Agency or the Illinois | 4 |
| Environmental Protection Agency shall not be subject to the | 5 |
| requirements of this subsection (d) during the time period that | 6 |
| the permit is effective.
| 7 |
| (d-5) The owner or operator of multiple livestock | 8 |
| management facilities
under common facility ownership where | 9 |
| the cumulative animal units of the
facilities are equal to or | 10 |
| greater than the animal unit numbers provided for in
subsection | 11 |
| (c) of this Section shall prepare and keep on file at each | 12 |
| facility
a waste management plan in accordance with the | 13 |
| requirements of subsection (c).
The owner or operator of | 14 |
| multiple livestock management facilities that are
under common | 15 |
| facility ownership where the cumulative animal units of the
| 16 |
| facilities are equal to or greater than the animal unit numbers | 17 |
| provided for
in subsection (d) of this Section shall prepare | 18 |
| and file with the Department a
waste management plan in | 19 |
| accordance with the provisions of subsection (d).
Cumulative | 20 |
| animal units shall be determined by combining the animal units | 21 |
| of
multiple livestock management facilities under the common | 22 |
| facility ownership
based upon the design capacity of each | 23 |
| facility. For the purposes of this
subsection (d-5), "under | 24 |
| common facility ownership" means the same person or
persons | 25 |
| own, directly or indirectly, through majority owned business | 26 |
| entities
at least 51% of any person or persons (as defined by | 27 |
| Section 10.55) that own or
operate the livestock management | 28 |
| facility or livestock waste handling facility
located in the | 29 |
| State of Illinois.
| 30 |
| (e) The owner or operator of a livestock management | 31 |
| facility shall update
the waste management plan when there is a | 32 |
| change in values shown in the plan
under item (1) of subsection | 33 |
| (f) of this Section. The waste management plan
and records of | 34 |
| livestock waste disposal shall be kept on file for three years.
|
|
|
|
09400SB2088sam001 |
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|
| 1 |
| (f) The application of livestock waste to the land is an | 2 |
| acceptable,
recommended, and established practice in Illinois. | 3 |
| However, when livestock
waste is not applied in a responsible | 4 |
| manner, it may create pollutional
problems. It should be | 5 |
| recognized that research relative to livestock waste
| 6 |
| application based on livestock waste nutrient content is | 7 |
| currently ongoing.
The Dean of the College of Agricultural, | 8 |
| Consumer and Environmental Sciences
at the University of | 9 |
| Illinois, or his or her designee, shall annually report
to the | 10 |
| Advisory Committee on the status of phosphorus research, | 11 |
| including
research that has been supported in whole or in part | 12 |
| by the Illinois
Council on Food and Agricultural Research. The | 13 |
| Advisory Committee
may also consult with other appropriate | 14 |
| research entities on the status of
phosphorus research. It is | 15 |
| considered acceptable to prepare and implement a
waste | 16 |
| management plan based on a nitrogen rate, unless otherwise | 17 |
| restricted by
this Section. The waste management plan shall | 18 |
| include the following:
| 19 |
| (1) An estimate of the volume of livestock waste to be | 20 |
| disposed of
annually, which shall be obtained by | 21 |
| multiplying the design capacity of the
facility by the | 22 |
| appropriate amount of waste generated by the animals. The
| 23 |
| values showing the amount of waste generated in Table 2-1, | 24 |
| Midwest Plan
Service's, MWPS-18, Livestock Waste | 25 |
| Management Facilities Handbook or Design
Criteria for the | 26 |
| field application of livestock waste adopted by the Agency
| 27 |
| may be used.
| 28 |
| (2) The number of acres available for disposal of the | 29 |
| waste, whether they
are owned by the owner or operator of | 30 |
| the livestock waste management facility
or are shown to be | 31 |
| contracted with another person or persons for disposal of
| 32 |
| waste.
| 33 |
| (3) An estimate of the nutrient value of the waste. The | 34 |
| owner or operator
may prepare a plan based on an average of |
|
|
|
09400SB2088sam001 |
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LRB094 03795 JAM 43359 a |
|
| 1 |
| the minimum and maximum numbers in
the table values derived | 2 |
| from Midwest Plan Service's, MWPS-18, Livestock Waste
| 3 |
| Facilities Handbook, the Agency's Agriculture Related | 4 |
| Pollution regulations,
or the results of analysis | 5 |
| performed on samples of waste. For the purposes of
| 6 |
| compliance with this subsection, the nutrient values of | 7 |
| livestock waste may
vary as indicated in the source table. | 8 |
| In the case of laboratory analytical
results, the nutrient | 9 |
| values may vary with the accuracy of the analytical
method.
| 10 |
| (3.5) Results of the Bray P1 or Mehlich test for soil | 11 |
| phosphorus reported
in pounds of elemental phosphorus per | 12 |
| acre. Soil samples shall be obtained and
analyzed from the | 13 |
| livestock waste application fields on land owned or under | 14 |
| the
control of the owner or operator where applications are | 15 |
| planned. Fields where
livestock waste is applied shall be | 16 |
| sampled every 3 years. Sampling
procedures, such as the | 17 |
| number of samples and the depth of sampling, as
outlined in | 18 |
| the current edition of the Illinois Agronomy Handbook shall | 19 |
| be
followed when soil samples are obtained.
| 20 |
| (3.6) If the average Bray P1 or Mehlich test result for | 21 |
| soil phosphorus
calculated from samples obtained from the | 22 |
| application field is 300 pounds or
less of elemental | 23 |
| phosphorus per acre, livestock waste may continue to be
| 24 |
| applied to that field in accordance with subsection (f) of | 25 |
| this Section.
If the average Bray P1 or Mehlich test result | 26 |
| for soil phosphorus for an
application field is greater | 27 |
| than 300 pounds of elemental phosphorus per acre,
the owner | 28 |
| or operator shall apply livestock waste at the phosphorus | 29 |
| rate to the
field until the average Bray P1 or Mehlich test | 30 |
| for soil phosphorus indicates
there is less than 300 pounds | 31 |
| of elemental phosphorus per acre. Upon the
development of a | 32 |
| phosphorus index that is approved subject to the provisions
| 33 |
| established in Section 55 of this Act, the owner or | 34 |
| operator shall use such
index in lieu of the 300 pounds of |
|
|
|
09400SB2088sam001 |
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LRB094 03795 JAM 43359 a |
|
| 1 |
| elemental phosphorus per acre.
| 2 |
| (4) An indication that the livestock waste will be | 3 |
| applied at rates not
to exceed the agronomic nitrogen | 4 |
| demand of the crops to be grown when averaged
over a 5-year | 5 |
| period.
| 6 |
| (5) A provision that livestock waste applied within 1/4 | 7 |
| mile of any
residence not part of the facility shall be | 8 |
| injected or incorporated on the
day of application. | 9 |
| However, livestock management facilities and livestock
| 10 |
| waste handling facilities that have irrigation systems in | 11 |
| operation prior to
the effective date of this Act or | 12 |
| existing facilities applying waste on frozen
ground are not | 13 |
| subject to the provisions of this item (5).
| 14 |
| (6) A provision that livestock waste may not be applied | 15 |
| within 200 feet
of surface water unless the water is | 16 |
| upgrade or there is adequate diking, and
waste will not be | 17 |
| applied within 150 feet of potable water supply wells.
| 18 |
| (7) A provision that livestock waste may not be applied | 19 |
| in a 10-year
flood plain unless the injection or | 20 |
| incorporation method of application is
used.
| 21 |
| (8) A provision that livestock waste may not be applied | 22 |
| in waterways.
| 23 |
| (9) A provision that if waste is spread on frozen or | 24 |
| snow-covered land,
the application will be limited to land | 25 |
| areas on which:
| 26 |
| (A) land slopes are 5% or less, or
| 27 |
| (B) adequate erosion control practices exist.
| 28 |
| (10) Methods for disposal of animal waste.
| 29 |
| (g) Any person who is required to prepare and maintain a | 30 |
| waste management
plan and who fails to do so shall be issued a | 31 |
| warning letter by the Department
for the first violation and | 32 |
| shall be given 30 working days to prepare a waste
management | 33 |
| plan. For failure to prepare and maintain a waste management | 34 |
| plan,
the person shall be fined an administrative penalty of up |
|
|
|
09400SB2088sam001 |
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|
| 1 |
| to $1,000 by the
Department and shall
be required to enter into | 2 |
| an agreement of compliance to prepare and maintain
a waste | 3 |
| management plan within 30 working days. For failure to prepare | 4 |
| and
maintain a waste management plan after the second 30 day | 5 |
| period or for failure
to enter into a compliance agreement, the | 6 |
| Department may issue an operational
cease and desist order | 7 |
| until compliance is attained.
| 8 |
| (Source: P.A. 91-110, eff. 7-13-99; 92-16, eff. 6-28-01.)
| 9 |
| (510 ILCS 77/35)
| 10 |
| Sec. 35. Setbacks for livestock management and livestock | 11 |
| handling
facilities. | 12 |
| (a) Grandfather provision; facilities in existence prior | 13 |
| to July 15, 1991.
Livestock management facilities and livestock | 14 |
| waste handling
facilities in existence prior to July 15, 1991 | 15 |
| shall comply with
setbacks in existence prior to July 15, 1991, | 16 |
| as set forth in the Illinois
Environmental Protection Act and | 17 |
| rules promulgated under that Act.
| 18 |
| (b) Grandfather provision; facilities in existence on | 19 |
| effective date and
after July 15, 1991. Livestock management | 20 |
| facilities and livestock waste
handling facilities in | 21 |
| existence on the effective date of this Act but after
July 15, | 22 |
| 1991 shall comply with setbacks in existence prior to the | 23 |
| effective
date of
this Act, as set forth in the Illinois | 24 |
| Environmental Protection Act and rules
promulgated under that | 25 |
| Act.
| 26 |
| (c) New livestock management or livestock waste handling | 27 |
| facilities.
Any new facility shall comply with the following | 28 |
| setbacks:
| 29 |
| (1) For purposes of determining setback distances, | 30 |
| minimum
distances shall be measured from the nearest corner | 31 |
| of the residence or place
of common assembly to the nearest | 32 |
| corner of the earthen waste lagoon or
livestock management | 33 |
| facility, whichever is closer.
|
|
|
|
09400SB2088sam001 |
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LRB094 03795 JAM 43359 a |
|
| 1 |
| (2) A livestock management facility or livestock waste | 2 |
| handling facility
serving less than 50 animal
units shall | 3 |
| be exempt from
setback distances as set forth in this Act | 4 |
| but shall be subject to rules
promulgated under the | 5 |
| Illinois Environmental Protection Act.
| 6 |
| (3) For a livestock management facility or waste | 7 |
| handling
facility serving 50 or greater but less than 1,000 | 8 |
| animal units, the minimum
setback distance shall be 1/4 | 9 |
| mile from the nearest occupied
residence and 1/2
mile
from
| 10 |
| the nearest populated area.
| 11 |
| (3.5) A livestock management facility or waste | 12 |
| handling facility serving 50 or greater and 150 or less | 13 |
| animal units located wholly within an agricultural area as | 14 |
| established pursuant to the Agricultural Areas | 15 |
| Conservation and Protection Act with a separation distance | 16 |
| of not less than 2,640 feet between the outermost extent of | 17 |
| the livestock management facility or livestock waste | 18 |
| handling facility and the agricultural area boundaries | 19 |
| shall be exempt from setback distances as set forth in this | 20 |
| Act but shall be subject to rules adopted under the | 21 |
| Illinois Environmental Protection Act.
| 22 |
| (4) For a livestock management facility or livestock | 23 |
| waste
handling facility serving 1,000 or greater but less | 24 |
| than 7,000 animal units,
the
setback is as follows:
| 25 |
| (A) For a populated area, the minimum setback shall | 26 |
| be
increased 440 feet over the minimum setback of 1/2 | 27 |
| mile for each additional
1,000 animal units over 1,000 | 28 |
| animal units.
| 29 |
| (B) For any occupied residence, the minimum | 30 |
| setback shall be
increased 220 feet over the minimum | 31 |
| setback of 1/4 mile for each additional
1,000 animal | 32 |
| units over 1,000 animal units.
| 33 |
| (5) For a livestock management facility or livestock | 34 |
| waste
handling facility serving 7,000 or greater animal |
|
|
|
09400SB2088sam001 |
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LRB094 03795 JAM 43359 a |
|
| 1 |
| units, the setback is as
follows:
| 2 |
| (A) For a populated area, the minimum setback shall | 3 |
| be 1 mile.
| 4 |
| (B) For any occupied residence, the minimum | 5 |
| setback shall be 1/2 mile.
| 6 |
| (d) Requirements governing the location of a new livestock | 7 |
| management
facility and new livestock waste-handling facility | 8 |
| and conditions for
exemptions or compliance with the maximum | 9 |
| feasible location as provided in
rules adopted pursuant to the | 10 |
| Illinois Environmental Protection Act concerning
agriculture | 11 |
| regulated pollution shall apply to those facilities identified | 12 |
| in
subsections (b) and (c) of this Section. With regard to the | 13 |
| maximum feasible
location requirements, any reference to a | 14 |
| setback distance in the rules
under the Illinois Environmental | 15 |
| Protection Act shall mean the appropriate
distance as
set forth | 16 |
| in this Section.
| 17 |
| (e) Setback category shall be determined by the design | 18 |
| capacity in animal
units of the livestock management
facility.
| 19 |
| (f) Setbacks may be decreased when innovative designs as | 20 |
| approved by the
Department are incorporated into the facility.
| 21 |
| (g) A setback may be decreased when waivers are obtained | 22 |
| from owners of
residences that are occupied and located in the | 23 |
| setback area.
| 24 |
| (Source: P.A. 91-110, eff. 7-13-99.)
| 25 |
| (510 ILCS 77/55)
| 26 |
| Sec. 55. Rules; Livestock Management Facilities Advisory | 27 |
| Committee.
| 28 |
| (a) There is hereby established a Livestock Management | 29 |
| Facilities Advisory
Committee, which shall include the | 30 |
| Directors of the Department of Agriculture,
the Environmental | 31 |
| Protection Agency, the Department of Natural Resources, and
the | 32 |
| Department of Public Health, or their designees. The Director | 33 |
| of
Agriculture or his or her designee shall serve as the Chair |
|
|
|
09400SB2088sam001 |
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LRB094 03795 JAM 43359 a |
|
| 1 |
| of the Advisory
Committee. Members of the
Advisory Committee | 2 |
| may organize themselves as they deem necessary and shall
serve | 3 |
| without compensation.
| 4 |
| (b) The Advisory Committee shall review, evaluate, and make | 5 |
| recommendations
to the Department of Agriculture for rules | 6 |
| necessary for the
implementation of this Act. Based upon the | 7 |
| recommendations of the Advisory
Committee, the Department of | 8 |
| Agriculture shall: (i) propose rules to the Pollution Control | 9 |
| Board for
the implementation of
design and construction | 10 |
| standards for livestock
waste handling facilities as set forth | 11 |
| in Sections 13 and 15(a-5) of
this Act
based upon
the standards | 12 |
| set forth in the American Society of Agricultural Engineers'
| 13 |
| Standards,
Engineering Practices and Data (ASAE Standards) and | 14 |
| future updates, Midwest
Plan
Service's Concrete Manure Storage | 15 |
| Handbook (MWPS-36) and future updates and
related supplemental | 16 |
| technical documents, the Midwest Plan Service's Livestock
| 17 |
| Waste Facilities Handbook (MWPS-18) and future updates and | 18 |
| related supplemental
technical documents or similar standards | 19 |
| used by the Natural Resources
Conservation
Service of the | 20 |
| United States Department of Agriculture; and (ii) on
and after | 21 |
| the
effective date of this amendatory Act of 1999, provide | 22 |
| public notice in
the State
newspaper, the Illinois Register, | 23 |
| and on the Department's Internet website;
hold
public
hearings | 24 |
| during the first notice period; and take public comments and | 25 |
| adopt
rules
pursuant
to the Illinois Administrative Procedure | 26 |
| Act for all Sections of this Act other
than
design and | 27 |
| construction standards for livestock waste handling facility | 28 |
| as set
forth in
Sections 13 and 15(a-5).
| 29 |
| (c) The
Pollution Control Board shall hold hearings on and | 30 |
| adopt rules
for
the implementation of
design and construction | 31 |
| standards for livestock waste handling facilities
as set forth | 32 |
| in Sections 13 and 15(a-5) of this Act in the manner
provided | 33 |
| for in Sections 27 and 28
of the Environmental Protection Act. | 34 |
| Rules adopted pursuant to this Section
shall take into account |
|
|
|
09400SB2088sam001 |
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LRB094 03795 JAM 43359 a |
|
| 1 |
| all available pollution control technologies
and shall be
| 2 |
| technologically feasible and economically reasonable.
| 3 |
| (d) The Advisory Committee shall meet as needed as | 4 |
| determined by the Chair of the Advisory Committee to accomplish | 5 |
| the requirements of subsection (b)
once every 6 months after | 6 |
| the
effective date of this amendatory Act of 1997 to review, | 7 |
| evaluate, and make
recommendations to the Department of | 8 |
| Agriculture concerning the Department's
random inspection of | 9 |
| livestock waste lagoons under Section 16 of this Act.
| 10 |
| (Source: P.A. 90-565, eff. 6-1-98; 91-110, eff. 7-13-99.)
| 11 |
| (510 ILCS 77/17 rep.)
| 12 |
| Section 10. The Livestock Management Facilities Act is | 13 |
| amended by repealing Section 17.".
|
|