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90_HB3190
510 ILCS 77/10.30
510 ILCS 77/10.40
510 ILCS 77/10.41 new
510 ILCS 77/18 new
510 ILCS 77/20
Amends the Livestock Management Facilities Act. Provides
that 2 or more livestock management facilities or livestock
waste handling facilities under common ownership that are
adjacent (now separated by one-quarter mile or less) shall be
considered a single facility. Defines a manure storage
structure. Establishes procedures and standards for the
construction, registration, certification, inspection,
complaints, and disposition of livestock manure storage
structures. Provides that the owner or operator of an
existing livestock management facility that through growth
meets or exceeds 1,000 animal units shall file its waste
management plan with the Department of Agriculture within 60
days after reaching the stated animal units. Effective
immediately.
LRB9010397PTsbA
LRB9010397PTsbA
1 AN ACT to amend the Livestock Management Facilities Act
2 by changing Sections 10.30, 10.40, and 20 and by adding
3 Sections 10.41 and 18.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Livestock Management Facilities Act is
7 amended by changing Sections 10.30, 10.40, and 20 and by
8 adding Sections 10.41 and 18 as follows:
9 (510 ILCS 77/10.30)
10 Sec. 10.30. Livestock management facility. "Livestock
11 management facility" means any animal feeding operation,
12 livestock shelter, or on-farm milking and accompanying
13 milk-handling area. Two or more livestock management
14 facilities under common ownership, where the facilities are
15 adjacent or not separated by a minimum distance of 1/4 mile,
16 and that share a common livestock waste handling facility
17 shall be considered a single livestock management facility.
18 A livestock management facility at educational institutions,
19 livestock pasture operations, where animals are housed on a
20 temporary basis such as county and State fairs, livestock
21 shows, race tracks, and horse breeding and foaling farms, and
22 market holding facilities are not subject to this Act.
23 (Source: P.A. 89-456, eff. 5-21-96.)
24 (510 ILCS 77/10.40)
25 Sec. 10.40. Livestock waste handling facility.
26 "Livestock waste handling facility" means individually or
27 collectively those immovable constructions or devices, except
28 sewers, used for collecting, pumping, treating, or disposing
29 of livestock waste or for the recovery of by-products from
30 the livestock waste. Two or more livestock waste handling
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1 facilities under common ownership and where the facilities
2 are adjacent not separated by a minimum distance of 1/4 mile
3 shall be considered a single livestock waste handling
4 facility.
5 (Source: P.A. 89-456, eff. 5-21-96.)
6 (510 ILCS 77/10.41 new)
7 Sec. 10.41. Manure storage structure. "Manure storage
8 structure" means any permanent area or structure that is
9 impermeable and is used for stacking, storing, or containment
10 of livestock waste.
11 (510 ILCS 77/18 new)
12 Sec. 18. Livestock manure storage structures.
13 (a) Standards for livestock manure storage structures.
14 After the effective date of this amendatory Act of 1998,
15 manure storage structures shall be constructed according to
16 the standards in the Midwest Planning Services Livestock
17 Waste Facilities Handbook. The owner or operator of the
18 livestock management facility may, with approval from the
19 Department, modify or exceed these standards to meet specific
20 site objectives. The Department shall determine compliance
21 with these requirements. All actions of the Department of
22 Agriculture under this Section are subject to the Illinois
23 Administrative Procedure Act.
24 (b) Registration. Any manure storage structure newly
25 constructed or modified (does not include repairs) after the
26 effective date of this amendatory Act of 1998 at a livestock
27 management or waste handling facility serving 1,000 or more
28 animal units shall be registered by the owner or operator
29 with the Department on a form provided by the Department.
30 The manure storage structure registration fee is $50. Manure
31 storage structures constructed prior to the effective date of
32 this amendatory Act of 1998 may register with the Department
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1 at no charge.
2 To give the Department notice of intent of the owner or
3 operator to construct or modify a manure storage structure,
4 the owner or operator shall register the manure storage
5 structure with the Department during the preconstruction
6 phase. Construction shall not begin until 30 days after
7 submittal of a registration form by certified mail to the
8 Department. When an informational meeting is requested by
9 the county, construction shall not begin until after the
10 informational meeting has been held.
11 Manure storage structure registration forms shall be made
12 available to persons at the offices of the Department of
13 Agriculture, Cooperative Extension Service, and Soil and
14 Water Conservation Districts.
15 Registration information shall include the following:
16 (1) Names and addresses of the owners and operators
17 who are responsible for the manure storage structure.
18 (2) General location of manure storage structure.
19 (3) Specific location information:
20 (A) Distance to a private or public potable
21 well.
22 (B) Distance to closest occupied private
23 residence other than any occupied by owner or
24 operator.
25 (C) Distance to nearest stream.
26 (D) Distance to nearest populated area.
27 (4) Design construction plans and specifications.
28 (5) Anticipated beginning and ending dates of
29 construction.
30 (6) Type of livestock and number of animal units.
31 The Department of Agriculture upon receipt of a manure
32 storage structure registration form shall review the form to
33 determine that all required information has been provided.
34 The person filing the registration form shall be notified
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1 within 15 working days after receipt that the registration is
2 complete or that clarification of information is needed. No
3 later than 10 working days after receipt of the clarification
4 information, the Department shall notify the owner or
5 operator that the registration is complete.
6 (c) Certification. The Department shall inspect a
7 manure storage structure during preconstruction,
8 construction, and post-construction. The Department shall
9 require modifications when necessary to bring construction in
10 compliance with the standards required under subsection (a).
11 The person making the inspection shall discuss with the
12 owner, operator, or certified livestock manager an evaluation
13 of the manure storage structure construction and shall (i)
14 provide on-site written recommendations to the owner,
15 operator, or certified livestock manager of what
16 modifications are necessary or (ii) inform the owner,
17 operator, or certified livestock manager that the manure
18 storage structure meets the standards required under
19 subsection (a). On the day of the inspection, the person
20 making the inspection shall give the owner, operator, or
21 certified livestock manager a written report of his or her
22 findings based on the inspection, together with an
23 explanation of any remedial measures necessary to enable the
24 manure storage structure to meet the standards required under
25 subsection (a). The person making an inspection shall comply
26 with reasonable animal health protection procedures as
27 requested by the owner, operator, or certified livestock
28 manager.
29 Upon completion of the construction or modification, but
30 prior to placing the manure storage structure in service, the
31 owner or operator of the manure storage structure shall
32 certify on a form provided by the Department that the manure
33 storage structure has been constructed or modified in
34 accordance with the standards required under subsection (a)
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1 and that the information provided on the registration form is
2 correct.
3 (1) The certification notice to the Department
4 shall include a certification statement and signature.
5 (2) The certification shall state: "I hereby
6 certify that the information provided on this form is
7 correct and that the manure storage structure has been
8 constructed in accordance with the standards as required
9 by the Livestock Management Facilities Act."
10 The owner or operator of the manure storage structure may
11 proceed to place the manure storage structure in service no
12 later than 10 working days after submitting to the Department
13 a certification of compliance statement.
14 (d) Public informational meeting. Within 7 days after
15 receiving a registration form giving notice of the intent to
16 construct or modify a manure storage structure, the
17 Department shall send a copy of the registration form to the
18 county board of the county in which the manure storage
19 structure is or is to be located. Within 30 days after
20 receiving a copy of the registration form from the Department
21 under this subsection, the county board may request that the
22 Department conduct a public informational meeting concerning
23 the proposed construction or modification of the manure
24 storage structure. If the Department agrees to conduct the
25 meeting, the meeting shall be held within 15 days of the
26 county board's request, and the Department shall cause notice
27 of the meeting to be published at least 10 days before the
28 meeting in a newspaper of general circulation in the county
29 or if a newspaper is not generally circulated in the county
30 then in a newspaper of general circulation in the State. The
31 owner or operator who submitted the registration form to the
32 Department shall appear at the meeting. At the meeting, the
33 Department shall afford members of the public an opportunity
34 to ask questions and present oral or written testimony
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1 concerning the proposed construction or modification of the
2 manure storage structure.
3 (e) Complaint procedure. Any person having a complaint
4 concerning a manure storage structure may file a complaint
5 with the Agency. If the Agency finds that groundwater has
6 been negatively impacted because of structural problems with
7 the manure storage structure, the Agency shall notify the
8 Department that modification of the manure storage structure
9 is necessary. The structure owner or operator or the
10 Department may request guidance from the United States
11 Department of Agriculture Natural Resource Conservation
12 Service or the University of Illinois Cooperative Extension
13 Service. The person making an inspection shall comply with
14 animal health protection procedures as requested by the owner
15 or operator.
16 Any manure storage structure in service prior to the
17 effective date of this amendatory Act of 1998 is not subject
18 to the registration and certification procedure, but is
19 subject to the complaint procedure. Any manure storage
20 structure found impacting groundwater shall be required to be
21 repaired, modified, or have procedures instituted so
22 groundwater is not negatively impacted. If an investigation
23 reveals groundwater has been negatively impacted, the
24 Department and Agency shall cooperate with the owner or
25 operator of the affected manure storage structure to provide
26 a reasonable solution to protect the groundwater.
27 Nothing in this Section shall limit the Agency's
28 authority under the Environmental Protection Act to
29 investigate and respond to violations of the Environmental
30 Protection Act or rules adopted under that Act.
31 (f) Reporting release of waste. An owner or operator of
32 a manure storage structure shall report to the Agency any
33 release of livestock waste from a manure storage structure
34 within 24 hours after the discovery of the release. The
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1 procedure for reporting releases shall be adopted by the
2 Agency by rule.
3 For a first violation of this subsection by the owner or
4 operator of a manure storage structure, the Department shall
5 send the owner or operator a written notice of the violation
6 by certified mail, return receipt requested.
7 If after an administrative hearing the Department finds
8 that the owner or operator of a manure storage structure has
9 committed a second violation of this subsection, the
10 Department shall impose on the owner or operator a civil
11 administrative penalty in an amount not exceeding $1,000.
12 The Attorney General may bring an action in the circuit court
13 to enforce the collection of a penalty imposed under this
14 subsection.
15 If after an administrative hearing the Department finds
16 that the owner or operator of a manure storage structure has
17 committed a third violation of this subsection, the
18 Department shall enter an administrative order directing the
19 owner or operator to cease operation of the facility until
20 the violation is corrected.
21 If the owner or operator of a manure storage structure
22 has not committed a violation of this subsection within the 5
23 years immediately preceding a violation, the violation shall
24 be construed and treated as a first violation.
25 (g) Status of manure storage facility. When a manure
26 storage structure is removed from service, it shall be
27 completely emptied. Appropriate closure procedures shall be
28 followed as determined by rule. The closure requirements
29 shall be completed within 2 years from the date of cessation
30 of operation unless the manure storage structure is
31 maintained or serviced. Upon a change in ownership of a
32 registered manure storage structure, the owner shall notify
33 the Department of the change within 30 working days of the
34 closing of the transaction.
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1 Any manure storage structure subject to registration
2 shall not begin operation until the owner or operator of the
3 manure storage structure has met the requirements of this
4 Act. The owner or operator of any manure storage structure
5 subject to registration that has not been registered or
6 constructed in accordance with this Section shall, upon being
7 identified by the Department, be given written notice by the
8 Department to register and certify the manure storage
9 structure within 10 working days of receipt of the notice.
10 The Department may inspect the manure storage structure and
11 require compliance in accordance with this Section. If the
12 owner or operator of the manure storage structure that is
13 subject to registration fails to comply with the notice, the
14 Department may issue a cease and desist order until such time
15 as compliance is obtained with the requirements of this
16 Section. Failure to construct the manure storage structure
17 in accordance with the construction plan and Department
18 recommendations is a business offense punishable by a fine of
19 not more than $5,000.
20 (510 ILCS 77/20)
21 (Text of Section before amendment by P.A. 90-565)
22 Sec. 20. Handling, storing and disposing of livestock
23 waste.
24 (a) The livestock management facility owner or operator
25 shall comply with the requirements for handling, storing, and
26 disposing of livestock wastes as set forth in the rules
27 adopted pursuant to the Illinois Environmental Protection Act
28 concerning agriculture related pollution.
29 (b) The livestock management facility owner or operator
30 at a facility of less than 1,000 animal units shall not be
31 required to prepare and maintain a waste management plan.
32 (c) The livestock management facility owner or operator
33 at a facility of 1,000 or greater animal units but less than
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1 7,000 animal units shall prepare and maintain on file at the
2 livestock management facility a general waste management plan
3 and shall also file the plan with the Department.
4 Notwithstanding this requirement, a livestock management
5 facility subject to this subsection may be operated on an
6 interim basis but not to exceed 6 months after the effective
7 date of the rules promulgated pursuant to this Act to allow
8 for the owner or operator of the facility to develop a waste
9 management plan. The waste management plan shall be
10 available for inspection during normal business hours by
11 Department personnel.
12 (d) The livestock management facility owner or operator
13 at a facility of 7,000 or greater animal units shall prepare,
14 maintain, and submit to the Department the waste management
15 plan for approval. Approval of the waste management plan
16 shall be predicated on compliance with provisions of
17 subsection (f). The waste management plan shall be approved
18 by the Department before operation of the facility or in the
19 case of an existing facility, the waste management plan shall
20 be submitted within 60 working days after the effective date
21 of the rules promulgated pursuant to this Act.
22 The owner or operator of an existing livestock management
23 facility that through growth meets or exceeds 7,000 animal
24 units shall file its waste management plan with the
25 Department within 60 working days after reaching the stated
26 animal units.
27 The owner or operator of a livestock management facility
28 that is subject to this subsection (d) shall file within 60
29 working days with the Department a revised waste management
30 plan when there is a significant change in items (1), (2), or
31 (10) of subsection (f) that will materially affect compliance
32 with the waste management plan.
33 (e) The waste management plan and records of livestock
34 waste disposal shall be kept on file for three years.
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1 (f) The application of livestock waste to the land is an
2 acceptable, recommended, and established practice in
3 Illinois. However, when livestock waste is not applied in a
4 responsible manner, it may create pollutional problems. It
5 should be recognized that, in most cases, if the agronomic
6 nitrogen rate is met, the phosphorus applied will exceed the
7 crop requirements, but not all of the phosphorus may be
8 available for use by the crop. It will be considered
9 acceptable, therefore, to prepare and implement a waste
10 management plan based on the nitrogen rate. The waste
11 management plan shall include the following:
12 (1) An estimate of the volume of waste to be
13 disposed of annually.
14 (2) The number of acres available for disposal of
15 the waste.
16 (3) An estimate of the nutrient value of the waste.
17 (4) An indication that the livestock waste will be
18 applied at rates not to exceed the agronomic nitrogen
19 demand of the crops to be grown when averaged over a
20 5-year period.
21 (5) A provision that livestock waste applied within
22 1/4 mile of any residence not part of the facility shall
23 be injected or incorporated on the day of application.
24 However, livestock management facilities and livestock
25 waste handling facilities that have irrigation systems in
26 operation prior to the effective date of this Act or
27 existing facilities applying waste on frozen ground are
28 not subject to the provisions of this item (5).
29 (6) A provision that livestock waste may not be
30 applied within 200 feet of surface water unless the water
31 is upgrade or there is adequate diking, and waste will
32 not be applied within 150 feet of potable water supply
33 wells.
34 (7) A provision that livestock waste may not be
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1 applied in a 10-year flood plain unless the injection or
2 incorporation method of application is used.
3 (8) A provision that livestock waste may not be
4 applied in waterways.
5 (9) A provision that if waste is spread on frozen
6 or snow-covered land, the application will be limited to
7 land areas on which:
8 (A) land slopes are 5% or less, or
9 (B) adequate erosion control practices exist.
10 (10) Methods for disposal of animal waste.
11 (g) Any person who is required to prepare and maintain a
12 waste management plan and who fails to do so shall be issued
13 a warning letter by the Department for the first violation
14 and shall be given 30 working days to prepare a waste
15 management plan. For failure to prepare and maintain a waste
16 management plan, the person shall be fined an administrative
17 penalty of up to $500 by the Department and shall be required
18 to enter into an agreement of compliance to prepare and
19 maintain a waste management plan within 30 working days. For
20 failure to prepare and maintain a waste management plan after
21 the second 30 day period or for failure to enter into a
22 compliance agreement, the Department may issue an operational
23 cease and desist order until compliance is attained.
24 (Source: P.A. 89-456, eff. 5-21-96.)
25 (Text of Section after amendment by P.A. 90-565)
26 Sec. 20. Handling, storing and disposing of livestock
27 waste.
28 (a) The livestock management facility owner or operator
29 shall comply with the requirements for handling, storing, and
30 disposing of livestock wastes as set forth in the rules
31 adopted pursuant to the Illinois Environmental Protection Act
32 concerning agriculture related pollution.
33 (b) The livestock management facility owner or operator
34 at a facility of less than 1,000 animal units shall not be
-12- LRB9010397PTsbA
1 required to prepare and maintain a waste management plan.
2 (c) The livestock management facility owner or operator
3 at a facility of 1,000 or greater animal units but less than
4 7,000 animal units shall prepare and maintain on file at the
5 livestock management facility a general waste management plan
6 and shall also file the plan with the Department. The owner
7 or operator of an existing livestock management facility that
8 through growth meets or exceeds 1,000 animal units shall file
9 its waste management plan with the Department within 60
10 working days after reaching the stated animal units.
11 Notwithstanding this requirement, a livestock management
12 facility subject to this subsection may be operated on an
13 interim basis but not to exceed 6 months after the effective
14 date of the rules promulgated pursuant to this Act to allow
15 for the owner or operator of the facility to develop a waste
16 management plan. The waste management plan shall be
17 available for inspection during normal business hours by
18 Department personnel.
19 (d) The livestock management facility owner or operator
20 at a facility of 7,000 or greater animal units shall prepare,
21 maintain, and submit to the Department the waste management
22 plan for approval. Approval of the waste management plan
23 shall be predicated on compliance with provisions of
24 subsection (f). The waste management plan shall be approved
25 by the Department before operation of the facility or in the
26 case of an existing facility, the waste management plan shall
27 be submitted within 60 working days after the effective date
28 of the rules promulgated pursuant to this Act.
29 The owner or operator of an existing livestock management
30 facility that through growth meets or exceeds 7,000 animal
31 units shall file its waste management plan with the
32 Department within 60 working days after reaching the stated
33 animal units.
34 The owner or operator of a livestock management facility
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1 that is subject to this subsection (d) shall file within 60
2 working days with the Department a revised waste management
3 plan when there is a significant change in items (1), (2), or
4 (10) of subsection (f) that will materially affect compliance
5 with the waste management plan.
6 (e) The waste management plan and records of livestock
7 waste disposal shall be kept on file for three years.
8 (f) The application of livestock waste to the land is an
9 acceptable, recommended, and established practice in
10 Illinois. However, when livestock waste is not applied in a
11 responsible manner, it may create pollutional problems. It
12 should be recognized that, in most cases, if the agronomic
13 nitrogen rate is met, the phosphorus applied will exceed the
14 crop requirements, but not all of the phosphorus may be
15 available for use by the crop. It will be considered
16 acceptable, therefore, to prepare and implement a waste
17 management plan based on the nitrogen rate. The waste
18 management plan shall include the following:
19 (1) An estimate of the volume of waste to be
20 disposed of annually.
21 (2) The number of acres available for disposal of
22 the waste.
23 (3) An estimate of the nutrient value of the waste.
24 (4) An indication that the livestock waste will be
25 applied at rates not to exceed the agronomic nitrogen
26 demand of the crops to be grown when averaged over a
27 5-year period.
28 (5) A provision that livestock waste applied within
29 1/4 mile of any residence not part of the facility shall
30 be injected or incorporated on the day of application.
31 However, livestock management facilities and livestock
32 waste handling facilities that have irrigation systems in
33 operation prior to the effective date of this Act or
34 existing facilities applying waste on frozen ground are
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1 not subject to the provisions of this item (5).
2 (6) A provision that livestock waste may not be
3 applied within 200 feet of surface water unless the water
4 is upgrade or there is adequate diking, and waste will
5 not be applied within 150 feet of potable water supply
6 wells.
7 (7) A provision that livestock waste may not be
8 applied in a 10-year flood plain unless the injection or
9 incorporation method of application is used.
10 (8) A provision that livestock waste may not be
11 applied in waterways.
12 (9) A provision that if waste is spread on frozen
13 or snow-covered land, the application will be limited to
14 land areas on which:
15 (A) land slopes are 5% or less, or
16 (B) adequate erosion control practices exist.
17 (10) Methods for disposal of animal waste.
18 (g) Any person who is required to prepare and maintain a
19 waste management plan and who fails to do so shall be issued
20 a warning letter by the Department for the first violation
21 and shall be given 30 working days to prepare a waste
22 management plan. For failure to prepare and maintain a waste
23 management plan, the person shall be fined an administrative
24 penalty of up to $1,000 by the Department and shall be
25 required to enter into an agreement of compliance to prepare
26 and maintain a waste management plan within 30 working days.
27 For failure to prepare and maintain a waste management plan
28 after the second 30 day period or for failure to enter into a
29 compliance agreement, the Department may issue an operational
30 cease and desist order until compliance is attained.
31 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
32 Section 95. No acceleration or delay. Where this Act
33 makes changes in a statute that is represented in this Act by
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1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.