(510 ILCS 77/15)
Livestock waste lagoon.
(a) Standards for livestock waste lagoon construction.
Any earthen livestock waste lagoon subject to registration shall be constructed
or modified in accordance with "Design of Anaerobic Lagoons for Animal Waste
Management" promulgated by the American Society of Agricultural Engineers or
the national guidelines as published by the
States Department of Agriculture Natural Resource Conservation Service in
Illinois and titled Waste Treatment Lagoon. The
owner or operator of the earthen livestock lagoon may, with approval from the
Department, modify or exceed these standards in order to meet site specific
Notwithstanding any other requirement of this subsection, every earthen
livestock waste lagoon shall include the construction of a secondary berm,
filter strip, grass waterway, or terrace, or any combination of those,
outside the perimeter of the primary berm if an engineer licensed under the
Professional Engineering Practice Act of 1989 and retained by the registrant
determines, with the concurrence of the Department,
that construction of
such a secondary berm or other feature or features is necessary in order to
ensure against a release
of livestock waste from the lagoon
(i) that encroaches or is reasonably expected to encroach upon land other
than the land occupied by the livestock waste handling facility of which the
lagoon is a part or (ii)
that enters or is
reasonably expected to enter the waters of this State.
Department shall determine compliance with these requirements. The Department
may require changes in design or additional requirements to protect
groundwater, such as extra liner depth or synthetic liners, when it appears
groundwater could be impacted.
(a-5) New earthen livestock waste lagoons constructed after the effective
amendatory Act of 1999 shall be subject to additional construction requirements
prohibitions as provided in this subsection (a-5).
(1) No new earthen livestock waste lagoon may be
constructed within the floodway of a 100-year floodplain. A new earthen livestock waste lagoon may be constructed within the portion of a 100-year floodplain that is within the flood fringe and outside the floodway provided that the facility is designed and constructed so that livestock waste is not readily removed during flooding and meets the requirements set forth in the Rivers, Lakes, and Streams Act, Section 5-40001 of the Counties Code, and Executive Order Number 4 (1979). The delineation of floodplains, floodways, and flood fringes shall be in compliance with the National Flood Insurance Program.
(2) A new earthen livestock waste lagoon constructed
in a karst area shall be designed to prevent seepage of the stored material to groundwater. Owners or operators of proposed facilities shall consult with the local soil and water conservation district, the University of Illinois Cooperative Extension Service, or other local, county, or State resources relative to determining the possible presence or absence of such areas. Notwithstanding the other provisions of this paragraph (2), after the effective date of this amendatory Act of 1999, no earthen livestock waste lagoon may be constructed within 400 feet of any natural depression in a karst area formed as a result of subsurface removal of soil or rock materials that has caused the formation of a collapse feature that exhibits internal drainage. For the purposes of this paragraph (2), the existence of such natural depression in a karst area shall be indicated by the uppermost closed depression contour lines on a USGS 7 1/2 minute quadrangle topographic map or as determined by Department field investigation in a karst area.
(b) Registration and certification.
Any earthen livestock waste lagoon newly constructed or modified (does not
include repairs) after the effective date of rules adopted for the
implementation of this Act shall be registered by the owner or operator with
the Department on a form provided by the Department. Lagoons constructed prior
to the effective date of rules adopted for the implementation of this Act may
register with the Department at no charge.
In order to give the Department notice of the owner's or operator's intent
to construct or modify an earthen livestock waste lagoon, the owner or
operator shall register such lagoon with the Department during
preconstruction phase. Construction shall not begin until 30 days after
a registration form by certified mail to the Department.
When an informational meeting is requested by the county, construction
shall not begin until after the informational meeting has been held.
Livestock waste lagoon registration forms shall be made available to
at offices of the Department of Agriculture, Cooperative Extension Service, and
Soil and Water Conservation Districts.
Registration information shall include the following:
(1) Name(s) and address(es) of the owner and operator
who are responsible for the livestock waste lagoon.
(2) General location of lagoon.
(3) Design construction plans and specifications.
(4) Specific location information:
(A) Distance to a private or public potable well;
(B) Distance to closest occupied private
residence (other than any occupied by owner or operator);
(C) Distance to nearest stream; and
(D) Distance to nearest populated area.
(5) Anticipated beginning and ending dates of
(6) Type of livestock and number of animal units.
The Department of Agriculture upon receipt of a livestock waste lagoon
registration form shall review the form to determine that all required
information has been provided. The person filing the registration shall be
notified within 15 working days that the registration is complete or that
clarification of information is needed. No later than 10 working days after
receipt of the clarification information, the Department shall notify
the owner or operator that the registration is complete.
shall inspect an earthen
livestock waste lagoon during
and post-construction. The Department
necessary to bring
construction in compliance with the standards as set forth in
subsection (a) of Section
The person making the inspection shall discuss with the owner,
operator, or certified livestock manager
an evaluation of the livestock waste lagoon construction and
shall (i) provide on-site written recommendations to the owner,
operator, or certified livestock manager of what
modifications are necessary or (ii) inform the owner, operator, or certified
livestock manager that the lagoon meets the standards set forth in
subsection (a) of Section 15.
On the day of the inspection, the person making the inspection shall give the
owner, operator, or certified livestock manager a written report of his or her
findings based on the inspection, together with an explanation of any remedial
measures necessary to enable the lagoon to meet the standards set forth in
The person making any inspection shall comply with reasonable animal health
protection procedures as requested by the owner, operator, or
certified livestock manager.
Upon completion of the construction or modification, but prior to placing the
lagoon in service, the owner or operator of the livestock waste lagoon shall
certify on a form provided by the Department that the lagoon has been
constructed or modified in accordance with the standards set forth in
subsection (a) of Section 15 and that the information provided on the
registration form is
(1) The certification notice to the Department shall
include a certification statement and signature.
(2) The certification shall state: "I hereby certify
that the information provided on this form is correct and that the lagoon has been constructed in accordance with the standards as required by the Livestock Management Facilities Act."
Within 10 business days of receipt of the certification of compliance, the
Department shall inspect the lagoon site. The Department shall, within 5
business days of the date of inspection, send an official written notice by
certified mail, return receipt requested, to the owner or operator of the
facility indicating that all the requirements of this Section have been met or
that deficiencies exist that must be corrected prior to the completion of the
lagoon registration process and the placement of the lagoon into service.
The owner or operator of the lagoon may proceed to place the lagoon in
service after receipt of the Department's notice that all the requirements of
this Section have been met.
(c) Complaint procedure.
Any person having a complaint concerning an earthen livestock waste lagoon may
complaint with the Agency. If the Agency
finds that groundwater has been negatively impacted because of structural
problems with the earthen lagoon, the Agency shall notify the Department that
modification of the lagoon is necessary.
livestock owner or operator or the Department may request guidance from the
United States Department of Agriculture Natural Resource Conservation Service
or the University of Illinois Cooperative Extension Service.
The person making any inspection shall comply with animal health protection
procedures as requested by the owner or operator.
Any earthen livestock waste lagoon in service prior to the effective date of
the rules for implementation of this Act is not subject to registration
but is only subject to the complaint procedure. However, any such
livestock waste lagoon found impacting groundwater shall be required to be
repaired, modified, or have procedures instituted so groundwater is not
If an investigation reveals groundwater has been negatively impacted,
the Department and Agency shall cooperate
with the owner or operator of the affected livestock waste lagoon to provide a
reasonable solution to protect the groundwater.
Nothing in this Section shall limit the Agency's authority under the
Environmental Protection Act to investigate and respond to violations of the
Environmental Protection Act or rules adopted under that Act.
(d) Livestock waste lagoon registration fee. The livestock waste lagoon
registration fee is $250.
(e) Closure of livestock waste lagoons.
When any earthen livestock waste lagoon is removed from service, it shall be
completely emptied. Appropriate closure procedures shall be followed as
determined by rule. The remaining hole must be filled. The closure
requirements shall be completed within two years from the date of cessation of
operation unless the lagoon is maintained or serviced. The Department may
grant a waiver to the before-stated closure requirements that will permit
lagoon to be used for an alternative purpose.
Upon a change in ownership of a registered earthen livestock waste lagoon,
owner shall notify the Department of the change within 30 working days of the
of the transaction.
(f) Administrative authority.
All actions of the Department of Agriculture are subject to the Illinois
Administrative Procedure Act.
Any earthen livestock waste lagoon subject to registration shall not begin
operation until the owner or operator of the lagoon has met the requirements of
The owner or operator of any earthen livestock waste lagoon subject to
registration that has not been registered or constructed in accordance with
standards set forth in subsection (a) of Section 15 shall, upon being
identified as such by the Department, be
given written notice by the Department to register and certify the lagoon
within 10 working days of receipt of the notice. The Department
lagoon and require compliance in accordance with subsections (a) and (b) of
Section. If the owner or operator of the livestock waste lagoon that is subject
to registration fails to comply with the notice, the Department may issue a
cease and desist order until such time as compliance is obtained with the
requirements of this Act.
Failure to construct the lagoon in accordance with the construction plan and
Department recommendations is a business offense punishable by a fine of not
more than $5,000.
(Source: P.A. 90-565, eff. 6-1-98; 91-110, eff. 7-13-99.)