510 ILCS 77/18

(510 ILCS 77/18)

Sec. 18.

Reporting release of waste.

(a) An owner or operator of a livestock waste handling facility shall report
to the Agency
any release of livestock waste from a livestock waste handling facility or from
the transport of
livestock waste within 24 hours after discovery of the release.  Reporting
shall not be required in
the case of a release of less than 25 gallons that is not released to the
waters of the State or
from a controlled and recovered release during field application.  For the
purposes of this
subsection (a), waters of the State do not include small temporary
accumulations of
surface water
from precipitation or irrigation systems.  The procedure for reporting releases
shall be adopted by
the Agency by rule.

(b) For a first violation of failing to report a release by the owner or
operator of a livestock
waste handling facility, the Department shall hold an administrative hearing.
If, after an
administrative hearing, the Department finds that an owner or operator of a
livestock waste
handling facility has violated subsection (a) of this Act, the Department shall
assess a fine not
exceeding $1,000.

(c) For a second violation of failing to report a release by the owner or
operator of a
livestock waste handling facility within a 5-year period, the Department shall
hold an
administrative hearing.  If, after the administrative hearing, the Department
finds that the owner or
operator of a livestock waste handling facility has committed a second
violation of
failing to report a release within a 5-year period, the Department shall impose
on the owner or
operator an administrative penalty in an amount not exceeding $2,500.  The
Attorney General
may bring an action in the circuit court to enforce the collection of a penalty
imposed for failing to
report a release.

(d) For a third or subsequent violation of failing to report a release by
the owner or
operator of a livestock waste handling facility within a 5-year period, the
Department shall hold an
administrative hearing.  If, after the administrative hearing, the Department
finds that the owner or
operator of a livestock waste handling facility has committed a third or
subsequent violation of
failing to report a release within a 5-year period, the Department shall impose
on the owner or
operator an administrative penalty in an amount not exceeding $5,000 and shall
seek an
injunction in the circuit court through the Attorney General of the State
of Illinois.  The
Attorney General may bring action in the circuit court to enforce the
collection of a penalty
imposed for failing to report a release.

(e) If the owner or operator of a livestock waste handling facility has not
committed a
violation of failing to report a release within the 5 years immediately
preceding a violation, a
violation shall be considered and treated as a first violation.

(Source: P.A. 91-110, eff. 7-13-99.)