[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
91_SB1199sam001
LRB9102177LDmbam03
1 AMENDMENT TO SENATE BILL 1199
2 AMENDMENT NO. . Amend Senate Bill 1199 by replacing
3 the title with the following:
4 "AN ACT to amend the Livestock Management Facilities
5 Act."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Livestock Management Facilities Act is
9 amended by changing Sections 15, 20, 35, and 55 and adding
10 Sections 10.24, 10.26, 11, 12, 12.1, 13, and 18 as follows:
11 (510 ILCS 77/10.24 new)
12 Sec. 10.24. Karst Area. "Karst area" means an area with
13 a land surface containing sinkholes, large springs, disrupted
14 land drainage, and underground drainage systems associated
15 with karstified carbonate bedrock and caves or a land surface
16 without these features but containing a karstified carbonate
17 bedrock unit generally overlain by less than 60 feet of
18 unconsolidated materials.
19 (510 ILCS 77/10.26 new)
20 Sec. 10.26. Karstified carbonate bedrock. "Karstified
-2- LRB9102177LDmbam03
1 carbonate bedrock" means a carbonate bedrock unit (limestone
2 or dolomite) that has a pronounced conduit or secondary
3 porosity due to dissolution of the rock along joints,
4 fractures, or bedding plains.
5 (510 ILCS 77/11 new)
6 Sec. 11. Filing notice of intent to construct and
7 construction data; registration of facilities.
8 (a) An owner or operator shall file a notice of intent
9 to construct for a livestock management facility or livestock
10 waste handling facility with the Department prior to
11 construction to establish a base date, which shall be valid
12 for one year, for determination of setbacks in compliance
13 with setback distances or, in the case of construction that
14 is not a new facility, with the maximum feasible location
15 requirements of Section 35 of this Act.
16 (b) For a livestock waste handling facility that is not
17 subject to Section 12 of this Act, a construction plan of the
18 waste handling structure with design specifications of the
19 structure noted as prepared by or for the owner or operator
20 shall be filed with the Department at least 10 calendar days
21 prior to the anticipated dates of construction. Upon receipt
22 of the notice of intent to construct form or the construction
23 plan, the Department shall review the documents to determine
24 if all information has been submitted or if clarification is
25 needed. The Department shall, within 15 calendar days of
26 receipt of a notice of intent to construct or the
27 construction plan, notify the owner or operator that
28 construction may begin or that clarification is needed.
29 (c) For a livestock waste handling facility that is
30 subject to Section 12 of this Act, a completed registration
31 shall be filed with the Department at least 37 calendar days
32 prior to the anticipated dates of construction. The
33 registration shall include the following: (i) the name and
-3- LRB9102177LDmbam03
1 address of the owner and operator of the livestock waste
2 handling facility; (ii) a general description of the
3 livestock waste handling structure and the type and number of
4 the animal units of livestock it serves; (iii) the
5 construction plan of the waste handling structure with design
6 specifications of the structure noted as prepared by or for
7 the owner or operator, and (iv) anticipated dates of
8 construction. The Department shall, within 15 calendar days
9 of receipt of the registration form, notify the person
10 submitting the form that the registration is complete or that
11 clarification information is needed.
12 (d) Any owner or operator who fails to file a notice of
13 intent to construct form or construction plans with the
14 Department prior to commencing construction, upon being
15 discovered by the Department, shall be subject to an
16 administrative hearing by the Department. The administrative
17 law judge, upon determination of a failure to file the
18 appropriate form, shall impose a civil administrative penalty
19 in an amount no more than $1,000 and shall enter an
20 administrative order directing that the owner or operator
21 file the appropriate form within 10 business days after
22 receiving notice from the Department. If, after receiving
23 the administrative law judge's order to file, the owner or
24 operator fails to file the appropriate form with the
25 Department, the Department shall impose a civil
26 administrative penalty in an amount no less than $1,000 and
27 no more than $2,500 and shall enter an administrative order
28 prohibiting the operation of the facility until the owner or
29 operator is in compliance with this Act. Penalties under this
30 subsection (d) not paid within 60 days of notice from the
31 Department shall be submitted to the Attorney General's
32 office or an approved private collection agency.
33 (510 ILCS 77/12 new)
-4- LRB9102177LDmbam03
1 Sec. 12. Public informational meeting; lagoons and
2 non-lagoon structures.
3 (a) Beginning on the effective date of this amendatory
4 Act of 1999, within 7 days after receiving a form giving
5 notice of intent to construct (i) a new livestock management
6 facility or livestock waste handling facility serving 1,000
7 or more animal units that does not propose to utilize a
8 lagoon or (ii) a livestock waste management facility or
9 livestock waste handling facility that does propose to
10 utilize a lagoon, the Department shall send a copy of the
11 notice form to the county board of the county in which the
12 facility is to be located and shall publish a public notice
13 in a newspaper of general circulation within the county.
14 After receiving a copy of the notice form from the
15 Department, the county board may, at its discretion and
16 within 30 days after receipt of the notice, request that the
17 Department conduct an informational meeting concerning the
18 proposed construction that is subject to this Section. In
19 addition, during the county's 30-day review period, county
20 residents may petition the county board of the county where
21 the proposed new facility will be located to request that the
22 Department conduct an informational meeting. When petitioned
23 by 75 or more of the county's residents who are registered
24 voters, the county board shall request that the Department
25 conduct an informational meeting. If the county board
26 requests that the Department conduct the informational
27 meeting, the Department shall conduct the informational
28 meeting within 15 days of the county board's request. If the
29 Department conducts such a meeting, it shall cause notice of
30 the meeting to be published in a newspaper of general
31 circulation in the county and in the State newspaper and
32 shall send a copy of the notice to the County Board. Upon
33 receipt of the notice, the County Board shall post the notice
34 on the public informational board at the county courthouse at
-5- LRB9102177LDmbam03
1 least 10 days before the meeting. The owner or operator who
2 submitted the notice of intent to construct to the Department
3 shall appear at the meeting. At the meeting, the Department
4 shall afford members of the public an opportunity to ask
5 questions and present oral or written comments concerning the
6 proposed construction.
7 (b) The county board shall submit at the informational
8 meeting or within 30 days following the meeting an advisory,
9 non-binding recommendation to the Department about the
10 proposed new facility's construction in accordance with the
11 applicable requirements of this Act. The advisory,
12 non-binding recommendation shall contain at a minimum:
13 (1) a statement of whether the proposed facility
14 achieves or fails to achieve each of the 8 siting
15 criteria as outlined in subsection (d); and
16 (2) a statement of the information and criteria
17 used by the county board in determining that the proposed
18 facility met or failed to meet any of the criteria
19 described in subsection (d).
20 (c) When the county board requests an informational
21 meeting, construction shall not begin until after the
22 informational meeting has been held, the Department has
23 reviewed the county board's recommendation and replied to the
24 recommendation indicating if the proposed new livestock
25 management facility or the new livestock waste handling
26 facility is or will be in compliance with the requirements of
27 the Act, and the owner, operator, or certified manager and
28 operator has received the Department's notice that the
29 setbacks and all applicable requirements of this Act have
30 been met.
31 (d) At the informational meeting for the proposed
32 facility, the Department of Agriculture shall receive
33 evidence by testimony or otherwise on the following subjects:
34 (1) Whether registration and livestock waste
-6- LRB9102177LDmbam03
1 management plan certification requirements, if required,
2 are met by the notice of intent to construct.
3 (2) Whether the design, location, or proposed
4 operation will protect the environment by being
5 consistent with this Act.
6 (3) Whether the location minimizes any
7 incompatibility with the surrounding area's character by
8 being located in any area zoned for agriculture where the
9 county has zoning or where the county is not zoned, the
10 setback requirements established by this Act are complied
11 with.
12 (4) Whether the facility is located within a
13 100-year floodplain or an otherwise environmentally
14 sensitive area (defined as an area of karst area or with
15 aquifer material within 5 feet of the bottom of the
16 livestock waste handling facility) and whether
17 construction standards set forth in the notice of intent
18 to construct are consistent with the goal of protecting
19 the safety of the area.
20 (5) Whether the owner or operator has submitted
21 plans for operation that minimize the likelihood of any
22 environmental damage to the surrounding area from spills,
23 runoff, and leaching.
24 (6) Whether odor control plans are reasonable and
25 incorporate reasonable or innovative odor reduction
26 technologies given the current state of such
27 technologies.
28 (7) Whether traffic patterns minimize the effect on
29 existing traffic flows.
30 (8) Whether construction or modification of a new
31 facility is consistent with existing community growth,
32 tourism, recreation, or economic development or with
33 specific projects involving community growth, tourism,
34 recreation, or economic development that have been
-7- LRB9102177LDmbam03
1 identified by government action for development or
2 operation within one year through compliance with
3 applicable zoning and setback requirements for populated
4 areas as established by this Act.
5 (510 ILCS 77/12.1 new)
6 Sec. 12.1. Final determination.
7 (a) Within 15 calendar days of the close of the comment
8 period under subsection (b) of Section 12, the Department
9 shall determine if, more likely than not, the provisions of
10 the Act have been met and shall send notice to the applicant
11 and the county board indicating that construction may
12 proceed. If the Department finds that, more likely than not,
13 the provisions of the Act have not been met the Department
14 shall send notice to the applicant that construction is
15 prohibited.
16 (a-5) If the Department finds that additional
17 information or that specific changes are needed in order to
18 assist the Department in making the determination under
19 subsection (a) of this Section, the Department may request
20 such information or changes from the owner or operator of the
21 new livestock waste handling facility or waste management
22 facility.
23 (b) If no informational meeting is held, the Department
24 shall, within 15 calendar days following the end of the
25 period for the county board to request an informational
26 meeting, notify the owner or operator that construction may
27 begin or that clarification is needed.
28 (c) If the owner or operator of a proposed livestock
29 management facility or livestock waste handling facility
30 amends the facility plans during the Department's review, the
31 Department shall notify the county board, which may exercise
32 its option of a public informational meeting pursuant to
33 Section 12 of this Act.
-8- LRB9102177LDmbam03
1 (d) If the owner or operator of a proposed new livestock
2 management or new livestock waste handling facility amends
3 the facility plans during the Department's review process by
4 increasing the animal unit capacity of the facility such that
5 the required setback distances will be increased, the owner
6 or operator shall submit a revised notice of intent to
7 construct and comply with applicable provisions of this Act.
8 (510 ILCS 77/13 new)
9 Sec. 13. Livestock waste handling facilities other than
10 earthen livestock waste lagoons; construction standards;
11 certification; inspection; removal-from-service requirements.
12 (a) After the effective date of this amendatory Act of
13 1999, livestock waste handling facilities other than earthen
14 livestock waste lagoons used for the storage of livestock
15 waste shall be constructed in accordance with this Section.
16 (1) Livestock waste handling facilities constructed
17 of concrete shall meet the strength and load factors set
18 forth in the Midwest Plan Service's Concrete Manure
19 Storages Handbook (MWPS-36) and future updates. In
20 addition, those structures shall meet the following
21 requirements:
22 (A) Waterstops shall be incorporated into the
23 design of the storage structure when consistent with
24 the requirements of paragraph (1) of this
25 subsection;
26 (B) Storage structures that handle waste in a
27 liquid form shall be designed to contain a volume of
28 not less than the amount of waste generated during
29 150 days of facility operation at design capacity;
30 and
31 (C) Storage structures not covered or
32 otherwise protected from precipitation shall, in
33 addition to the waste storage volume requirements of
-9- LRB9102177LDmbam03
1 subparagraph (B) of paragraph (1) of this
2 subsection, include a 2-foot freeboard.
3 (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
6 factors shall be verified by the manufacturer's
7 specifications.
8 (3) Livestock waste handling facilities holding
9 semi-solid livestock waste, including but not limited to
10 picket dam structures, shall be constructed according to
11 the requirements set forth in the Midwest Plan Service's
12 Livestock Waste Facilities Handbook (MWPS-18) and future
13 updates or similar standards used by the Natural
14 Resources Conservation Service of the United States
15 Department of Agriculture.
16 (4) Livestock waste handling facilities holding
17 solid livestock waste shall be constructed according to
18 the requirements set forth in the Midwest Plan Service's
19 Livestock Waste Facilities Handbook (MWPS-18) and future
20 updates or similar standards used by the Natural
21 Resources Conservation Service of the United States
22 Department of Agriculture. In addition, solid livestock
23 waste stacking structures shall be sized to store not
24 less than the amount of waste generated during 6 months
25 of facility operation at design capacity.
26 (5) Holding ponds used for the temporary storage of
27 livestock feedlot run-off shall be constructed according
28 to the requirements set forth in the Midwest Plan
29 Service's Livestock Waste Facilities Handbook (MWPS-18)
30 and future updates or similar standards used by the
31 Natural Resources Conservation Service of the United
32 States Department of Agriculture.
33 (b) New livestock management facilities and livestock
34 waste handling facilities constructed after the effective
-10- LRB9102177LDmbam03
1 date of this amendatory Act of 1999 shall be subject to the
2 additional construction requirements and siting prohibitions
3 provided in this subsection (b).
4 (1) No new non-lagoon livestock management facility
5 or livestock waste handling facility may be constructed
6 within the floodway of a 100-year floodplain. A new
7 livestock management facility or livestock waste handling
8 facility may be constructed within the portion of a
9 100-year floodplain that is within the flood fringe and
10 outside the floodway provided that the facility is
11 designed and constructed to be protected from flooding
12 and meets the requirements set forth in the Rivers,
13 Lakes, and Streams Act, Section 5-40001 of the Counties
14 Code, and Executive Order Number 4 (1979). The
15 delineation of floodplains, floodways, and flood fringes
16 shall be in compliance with the National Flood Insurance
17 Program. Protection from flooding shall be consistent
18 with the National Flood Insurance Program and shall be
19 designed so that stored livestock waste is not readily
20 removed.
21 (2) A new non-lagoon livestock waste handling
22 facility constructed in a karst area shall be designed to
23 prevent seepage of the stored material into groundwater
24 in accordance with ASAE 393.2 or future updates. Owners
25 or operators of proposed facilities should consult with
26 the local soil and water conservation district, the
27 University of Illinois Cooperative Extension Service, or
28 other local, county, or State resources relative to
29 determining the possible presence or absence of such
30 areas. Notwithstanding the other provisions of this
31 paragraph (2), after the effective date of this
32 amendatory Act of 1999, no non-lagoon livestock waste
33 handling facility may be constructed within 400 feet of
34 any natural depression in a karst area formed as a result
-11- LRB9102177LDmbam03
1 of subsurface removal of soil or rock materials that has
2 caused the formation of a collapse feature that exhibits
3 internal drainage. For the purposes of this paragraph
4 (2), the existence of such a natural depression in a
5 karst area shall be indicated by the uppermost closed
6 depression contour lines on a USGS 7 1/2 minute
7 quadrangle topographic map or as determined by Department
8 field investigation in a karst area.
9 (3) A new non-lagoon livestock waste handling
10 facility constructed in an area where aquifer material is
11 present within 5 feet of the bottom of the facility shall
12 be designed to ensure the structural integrity of the
13 containment structure and to prevent seepage of the
14 stored material to groundwater. Footings and underlying
15 structure support shall be incorporated into the design
16 standards of the storage structure in accordance with the
17 requirements of Section 4.1 of the American Society of
18 Agricultural Engineers (ASAE) EP 393.2 or future updates.
19 (c) A livestock waste handling facility owner may rely
20 on guidance from the local soil and water conservation
21 district, the Natural Resources Conservation Service of the
22 United States Department of Agriculture, or the University of
23 Illinois Cooperative Extension Service for soil type and
24 associated information.
25 (d) The standards in subsections (a) and (b) shall serve
26 as interim construction standards until such time as
27 permanent rules promulgated pursuant to Section 55 of this
28 Act become effective. In addition, the Department and the
29 Board shall utilize the interim standards in subsections (a)
30 and (b) as a basis for the development of such permanent
31 rules.
32 (e) The owner or operator of a livestock management
33 facility or livestock waste handling facility may, with the
34 approval of the Department, elect to exceed the strength and
-12- LRB9102177LDmbam03
1 load requirements as set forth in this Section.
2 (f) The owner or operator of a livestock management
3 facility or livestock waste handling facility shall send, by
4 certified mail or in person, to the Department a
5 certification of compliance together with copies of
6 verification documents upon completion of construction. In
7 the case of structures constructed with the design standards
8 used by the Natural Resources Conservation Service of the
9 United States Department of Agriculture, copies of the design
10 standards and a statement of verification signed by a
11 representative of the United States Department of Agriculture
12 shall accompany the owner's or operator's certification of
13 compliance. The certification shall state that the structure
14 meets or exceeds the requirements in subsection (a) of this
15 Section. A $250 filing fee shall accompany the statement.
16 (g) The Department shall inspect the construction site
17 prior to construction, during construction, and within 10
18 business days following receipt of the certification of
19 compliance to determine compliance with the construction
20 standards.
21 (h) The Department shall require modification when
22 necessary to bring the construction into compliance with the
23 standards set forth in this Section. The person making the
24 inspection shall discuss with the owner, operator, or
25 certified livestock manager an evaluation of the livestock
26 waste handling facility construction and shall (i) provide
27 on-site written recommendations to the owner, operator, or
28 certified livestock manager of what modifications are
29 necessary or (ii) inform the owner, operator, or certified
30 livestock manager that the facility meets the standards set
31 forth in this Section. On the day of the inspection, the
32 person making the inspection shall give the owner, operator,
33 or certified livestock manager a written report of findings
34 based on the inspection together with an explanation of
-13- LRB9102177LDmbam03
1 remedial measures necessary to enable the livestock waste
2 handling facility to meet the standards set forth in this
3 Section. The Department shall, within 5 business days of the
4 date of inspection, send an official written notice to the
5 owner or operator of the livestock waste handling facility by
6 certified mail, return receipt requested, indicating that the
7 facility meets the standards set forth in this Section or
8 identifying the remedial measures necessary to enable the
9 livestock waste handling facility to meet the standards set
10 forth in this Section. The owner or operator shall, within
11 10 business days of receipt of an official written notice of
12 deficiencies, contact the Department to develop the
13 principles of an agreement of compliance. The owner or
14 operator and the Department shall enter into an agreement of
15 compliance setting forth the specific changes to be made to
16 bring the construction into compliance with the standards
17 required under this Section. If an agreement of compliance
18 cannot be achieved, the Department shall issue a compliance
19 order to the owner or operator outlining the specific changes
20 to be made to bring the construction into compliance with the
21 standards required under this Section. The owner or operator
22 can request an administrative hearing to contest the
23 provisions of the Department's compliance order.
24 (j) If any owner or operator operates in violation of an
25 agreement of compliance, the Department shall seek an
26 injunction in circuit court to prohibit the operation of the
27 facility until construction and certification of the
28 livestock waste handling facility are in compliance with the
29 provisions of this Section.
30 (k) When any livestock management facility not using an
31 earthen livestock waste lagoon is removed from service, the
32 accumulated livestock waste remaining within the facility
33 shall be removed and applied to land at rates consistent with
34 a waste management plan for the facility. Removal of the
-14- LRB9102177LDmbam03
1 waste shall occur within 12 months after the date livestock
2 production at the facility ceases. In addition, the owner or
3 operator shall make provisions to prevent the accumulation of
4 precipitation within the livestock waste handling facility.
5 Upon completion of the removal of manure, the owner or
6 operator of the facility shall notify the Department that the
7 facility is being removed from service and the remaining
8 manure has been removed. The Department shall conduct an
9 inspection of the livestock waste handling facility and
10 inform the owner or operator in writing that the requirements
11 imposed under this subsection (k) have been met or that
12 additional actions are necessary. Commencement of operations
13 at a facility that has livestock shelters left intact and
14 that has completed the requirements imposed under this
15 subsection (k) and that has been operated as a livestock
16 management facility or livestock waste handling facility for
17 4 consecutive months at any time within the previous 10 years
18 shall not be considered a new or expanded livestock
19 management or waste handling facility. A new facility
20 constructed after May 21, 1996 that has been removed from
21 service for a period of 2 or more years shall not be placed
22 back into service prior to an inspection of the livestock
23 waste handling facility and receipt of written approval by
24 the Department.
25 (510 ILCS 77/15)
26 Sec. 15. Livestock waste lagoon.
27 (a) Standards for livestock waste lagoon construction.
28 Any earthen livestock waste lagoon subject to registration
29 shall be constructed or modified in accordance with "Design
30 of Anaerobic Lagoons for Animal Waste Management" promulgated
31 by the American Society of Agricultural Engineers or the
32 national guidelines as published by the United States
33 Department of Agriculture Natural Resource Conservation
-15- LRB9102177LDmbam03
1 Service in Illinois and titled Waste Treatment Lagoon. The
2 owner or operator of the earthen livestock lagoon may, with
3 approval from the Department, modify or exceed these
4 standards in order to meet site specific objectives.
5 Notwithstanding any other requirement of this subsection,
6 every earthen livestock waste lagoon shall include the
7 construction of a secondary berm, filter strip, grass
8 waterway, or terrace, or any combination of those, outside
9 the perimeter of the primary berm if an engineer licensed
10 under the Professional Engineering Practice Act of 1989 and
11 retained by the registrant determines, with the concurrence
12 of the Department, that construction of such a secondary berm
13 or other feature or features is necessary in order to ensure
14 against a release of livestock waste from the lagoon (i) that
15 encroaches or is reasonably expected to encroach upon land
16 other than the land occupied by the livestock waste handling
17 facility of which the lagoon is a part or (ii) that enters
18 or is reasonably expected to enter the waters of this State.
19 The Department shall determine compliance with these
20 requirements. The Department may require changes in design
21 or additional requirements to protect groundwater, such as
22 extra liner depth or synthetic liners, when it appears
23 groundwater could be impacted.
24 (a-5) New earthen livestock waste lagoons constructed
25 after the effective date of this amendatory Act of 1999 shall
26 be subject to additional construction requirements and siting
27 prohibitions as provided in this subsection (a-5).
28 (1) No new earthen livestock waste lagoon may be
29 constructed within the floodway of a 100-year floodplain.
30 A new earthen livestock waste lagoon may be constructed
31 within the portion of a 100-year floodplain that is
32 within the flood fringe and outside the floodway provided
33 that the facility is designed and constructed so that
34 livestock waste is not readily removed during flooding
-16- LRB9102177LDmbam03
1 and meets the requirements set forth in the Rivers,
2 Lakes, and Streams Act, Section 5-40001 of the Counties
3 Code, and Executive Order Number 4 (1979). The
4 delineation of floodplains, floodways, and flood fringes
5 shall be in compliance with the National Flood Insurance
6 Program.
7 (2) A new earthen livestock waste lagoon
8 constructed in a karst area shall be designed to prevent
9 seepage of the stored material to groundwater. Owners or
10 operators of proposed facilities shall consult with the
11 local soil and water conservation district, the
12 University of Illinois Cooperative Extension Service, or
13 other local, county, or state resources relative to
14 determining the possible presence or absence of such
15 areas. Notwithstanding the other provisions of this
16 paragraph (2), after the effective date of this
17 amendatory Act of 1999, no earthen livestock waste lagoon
18 may be constructed within 400 feet of any natural
19 depression in a karst area formed as a result of
20 subsurface removal of soil or rock materials that has
21 caused the formation of a collapse feature that exhibits
22 internal drainage. For the purposes of this paragraph
23 (2), the existence of such natural depression in a karst
24 area shall be indicated by the uppermost closed
25 depression contour lines on a USGS 7 1/2 minute
26 quadrangle topographic map or as determined by Department
27 field investigation in a karst area.
28 (b) Registration and certification. Any earthen
29 livestock waste lagoon newly constructed or modified (does
30 not include repairs) after the effective date of rules
31 adopted for the implementation of this Act shall be
32 registered by the owner or operator with the Department on a
33 form provided by the Department. Lagoons constructed prior
34 to the effective date of rules adopted for the implementation
-17- LRB9102177LDmbam03
1 of this Act may register with the Department at no charge.
2 In order to give the Department notice of the owner's or
3 operator's intent to construct or modify an earthen livestock
4 waste lagoon, the owner or operator shall register such
5 lagoon with the Department during the preconstruction phase.
6 Construction shall not begin until 30 days after submittal of
7 a registration form by certified mail to the Department.
8 When an informational meeting is requested by the county,
9 construction shall not begin until after the informational
10 meeting has been held.
11 Livestock waste lagoon registration forms shall be made
12 available to producers at 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) Name(s) and address(es) of the owner and
17 operator who are responsible for the livestock waste
18 lagoon.
19 (2) General location of lagoon.
20 (3) Design construction plans and specifications.
21 (4) Specific location information:
22 (A) Distance to a private or public potable
23 well;
24 (B) Distance to closest occupied private
25 residence (other than any occupied by owner or
26 operator);
27 (C) Distance to nearest stream; and
28 (D) Distance to nearest populated area.
29 (5) Anticipated beginning and ending dates of
30 construction.
31 (6) Type of livestock and number of animal units.
32 The Department of Agriculture upon receipt of a livestock
33 waste lagoon registration form shall review the form to
34 determine that all required information has been provided.
-18- LRB9102177LDmbam03
1 The person filing the registration shall be notified within
2 15 working days that the registration is complete or that
3 clarification of information is needed. No later than 10
4 working days after receipt of the clarification information,
5 the Department shall notify the owner or operator that the
6 registration is complete.
7 The Department shall inspect an earthen livestock waste
8 lagoon during preconstruction, construction, and
9 post-construction. The Department shall require
10 modifications when necessary to bring construction in
11 compliance with the standards as set forth in subsection (a)
12 of Section 15. The person making the inspection shall
13 discuss with the owner, operator, or certified livestock
14 manager an evaluation of the livestock waste lagoon
15 construction and shall (i) provide on-site written
16 recommendations to the owner, operator, or certified
17 livestock manager of what modifications are necessary or (ii)
18 inform the owner, operator, or certified livestock manager
19 that the lagoon meets the standards set forth in subsection
20 (a) of Section 15. On the day of the inspection, the person
21 making the inspection shall give the owner, operator, or
22 certified livestock manager a written report of his or her
23 findings based on the inspection, together with an
24 explanation of any remedial measures necessary to enable the
25 lagoon to meet the standards set forth in subsection (a).
26 The person making any inspection shall comply with
27 reasonable animal health protection procedures as requested
28 by the owner, operator, or certified livestock manager.
29 Upon completion of the construction or modification, but
30 prior to placing the lagoon in service, the owner or operator
31 of the livestock waste lagoon shall certify on a form
32 provided by the Department that the lagoon has been
33 constructed or modified in accordance with the standards set
34 forth in subsection (a) of Section 15 and that the
-19- LRB9102177LDmbam03
1 information provided on the registration form is correct.
2 (1) The certification notice to the Department
3 shall include a certification statement and signature.
4 (2) The certification shall state: "I hereby
5 certify that the information provided on this form is
6 correct and that the lagoon has been constructed in
7 accordance with the standards as required by the
8 Livestock Management Facilities Act."
9 Within 10 business days of receipt of the certification
10 of compliance, the Department shall inspect the lagoon site.
11 The Department shall, within 5 business days of the date of
12 inspection, send an official written notice by certified
13 mail, return receipt requested, to the owner or operator of
14 the facility indicating that all the requirements of this
15 Section have been met or that deficiencies exist that must be
16 corrected prior to the completion of the lagoon registration
17 process and the placement of the lagoon into service. The
18 owner or operator of the lagoon may proceed to place the
19 lagoon in service after receipt of the Department's notice
20 that all the requirements of this Section have been met no
21 earlier than 10 working days after submitting to the
22 Department a certification of compliance statement.
23 (b-5) Public informational meeting. Within 7 days after
24 receiving a registration form giving notice of an intent to
25 construct or modify an earthen livestock waste lagoon after
26 the effective date of this amendatory Act of 1997, the
27 Department shall send a copy of the registration form to the
28 county board of the county in which the lagoon is or is to
29 be located. After receiving a copy of a lagoon registration
30 form from the Department under this subsection, within 30
31 days the county board may at its discretion request that the
32 Department conduct a public informational meeting within 15
33 days of the request concerning the proposed construction or
34 modification of the lagoon. If the Department conducts such
-20- LRB9102177LDmbam03
1 a meeting, then at least 10 days before the meeting, the
2 Department shall cause notice of the meeting to be published
3 in a newspaper of general circulation in the county or the
4 State newspaper. The owner or operator who submitted the
5 registration form to the Department shall appear at the
6 meeting. At the meeting, the Department shall afford members
7 of the public an opportunity to ask questions and present
8 oral or written testimony concerning the proposed
9 construction or modification of the lagoon.
10 (c) Complaint procedure. Any person having a complaint
11 concerning an earthen livestock waste lagoon may file a
12 complaint with the Agency. If the Agency finds that
13 groundwater has been negatively impacted because of
14 structural problems with the earthen lagoon, the Agency shall
15 notify the Department that modification of the lagoon is
16 necessary. The livestock owner or operator or the Department
17 may request guidance from the United States Department of
18 Agriculture Natural Resource Conservation Service or the
19 University of Illinois Cooperative Extension Service.
20 The person making any inspection shall comply with animal
21 health protection procedures as requested by the owner or
22 operator.
23 Any earthen livestock waste lagoon in service prior to
24 the effective date of the rules for implementation of this
25 Act is not subject to registration but is only subject to the
26 complaint procedure. However, any such livestock waste
27 lagoon found impacting groundwater shall be required to be
28 repaired, modified, or have procedures instituted so
29 groundwater is not negatively impacted.
30 If an investigation reveals groundwater has been
31 negatively impacted, the Department and Agency shall
32 cooperate with the owner or operator of the affected
33 livestock waste lagoon to provide a reasonable solution to
34 protect the groundwater.
-21- LRB9102177LDmbam03
1 Nothing in this Section shall limit the Agency's
2 authority under the Environmental Protection Act to
3 investigate and respond to violations of the Environmental
4 Protection Act or rules adopted under that Act.
5 (d) Livestock waste lagoon registration fee. The
6 livestock waste lagoon registration fee is $250 $50.
7 (d-5) Reporting release of waste. An owner or operator
8 of a lagoon shall report to the Agency any release of
9 livestock waste from a lagoon within 24 hours after the
10 discovery of the release. The procedure for reporting
11 releases shall be adopted by the Agency by rule.
12 For a first violation of this subsection (d-5) by the
13 owner or operator of a livestock management facility or
14 livestock waste handling facility, the Department shall send
15 the owner or operator a written notice of the violation by
16 certified mail, return receipt requested.
17 If after an administrative hearing the Department finds
18 that the owner or operator of a livestock management facility
19 or livestock waste handling facility has committed a second
20 violation of this subsection (d-5), the Department shall
21 impose on the owner or operator a civil administrative
22 penalty in an amount not exceeding $1,000. The Attorney
23 General may bring an action in the circuit court to enforce
24 the collection of a penalty imposed under this subsection
25 (d-5).
26 If after an administrative hearing the Department finds
27 that the owner or operator of a livestock management facility
28 or livestock waste handling facility has committed a third
29 violation of this subsection (d-5), the Department shall
30 enter an administrative order directing that the owner or
31 operator cease operation of the facility until the violation
32 is corrected.
33 If a livestock management facility or livestock waste
34 handling facility has not committed a violation of this
-22- LRB9102177LDmbam03
1 subsection (d-5) within the 5 years immediately preceding a
2 violation, the violation shall be construed and treated as a
3 first violation.
4 (e) Closure of livestock waste lagoons. When any earthen
5 livestock waste lagoon is removed from service, it shall be
6 completely emptied. Appropriate closure procedures shall be
7 followed as determined by rule. The remaining hole must be
8 filled. The closure requirements shall be completed within
9 two years from the date of cessation of operation unless the
10 lagoon is maintained or serviced. The Department may grant a
11 waiver to the before-stated closure requirements that will
12 permit the lagoon to be used for an alternative purpose.
13 Upon a change in ownership of a registered earthen
14 livestock waste lagoon, the owner shall notify the Department
15 of the change within 30 working days of the closing of the
16 transaction.
17 (f) Administrative authority. All actions of the
18 Department of Agriculture are subject to the Illinois
19 Administrative Procedure Act.
20 Any earthen livestock waste lagoon subject to
21 registration shall not begin operation until the owner or
22 operator of the lagoon has met the requirements of this Act.
23 The owner or operator of any earthen livestock waste
24 lagoon subject to registration that has not been registered
25 or constructed in accordance with standards set forth in
26 subsection (a) of Section 15 shall, upon being identified as
27 such by the Department, be given written notice by the
28 Department to register and certify the lagoon within 10
29 working days of receipt of the notice. The Department may
30 inspect such lagoon and require compliance in accordance with
31 subsections (a) and (b) of this Section. If the owner or
32 operator of the livestock waste lagoon that is subject to
33 registration fails to comply with the notice, the Department
34 may issue a cease and desist order until such time as
-23- LRB9102177LDmbam03
1 compliance is obtained with the requirements of this Act.
2 Failure to construct the lagoon in accordance with the
3 construction plan and Department recommendations is a
4 business offense punishable by a fine of not more than
5 $5,000.
6 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
7 (510 ILCS 77/18 new)
8 Sec. 18. Reporting release of waste.
9 (a) An owner or operator of a livestock waste handling
10 facility shall report to the Agency any release of livestock
11 waste from a livestock waste handling facility or from the
12 transport of livestock waste within 24 hours after discovery
13 of the release. Reporting shall not be required in the case
14 of a release of less than 25 gallons that is not released to
15 the waters of the State or from a controlled and recovered
16 release during field application. For the purposes of this
17 subsection (a), waters of the State do not include small
18 temporary accumulations of surface water from precipitation
19 or irrigation systems. The procedure for reporting releases
20 shall be adopted by the Agency by rule.
21 (b) For a first violation of failing to report a release
22 by the owner or operator of a livestock waste handling
23 facility, the Department shall hold an administrative
24 hearing. If, after an administrative hearing, the Department
25 finds that an owner or operator of a livestock waste handling
26 facility has violated subsection (a) of this Act, the
27 Department shall assess a fine not exceeding $1,000.
28 (c) For a second violation of failing to report a
29 release by the owner or operator of a livestock waste
30 handling facility within a 5-year period, the Department
31 shall hold an administrative hearing. If, after the
32 administrative hearing, the Department finds that the owner
33 or operator of a livestock waste handling facility has
-24- LRB9102177LDmbam03
1 committed a second violation of failing to report a release
2 within a 5-year period, the Department shall impose on the
3 owner or operator an administrative penalty in an amount not
4 exceeding $2,500. The Attorney General may bring an action
5 in the circuit court to enforce the collection of a penalty
6 imposed for failing to report a release.
7 (d) For a third or subsequent violation of failing to
8 report a release by the owner or operator of a livestock
9 waste handling facility within a 5-year period, the
10 Department shall hold an administrative hearing. If, after
11 the administrative hearing, the Department finds that the
12 owner or operator of a livestock waste handling facility has
13 committed a third or subsequent violation of failing to
14 report a release within a 5-year period, the Department shall
15 impose on the owner or operator an administrative penalty in
16 an amount not exceeding $5,000 and shall seek an injunction
17 in the circuit court through the Attorney General of the
18 State of Illinois. The Attorney General may bring action in
19 the circuit court to enforce the collection of a penalty
20 imposed for failing to report a release.
21 (e) If the owner or operator of a livestock waste
22 handling facility has not committed a violation of failing to
23 report a release within the 5 years immediately preceding a
24 violation, a violation shall be considered and treated as a
25 first violation.
26 (510 ILCS 77/20)
27 Sec. 20. Handling, storing and disposing of livestock
28 waste.
29 (a) The livestock management facility owner or operator
30 shall comply with the requirements for handling, storing, and
31 disposing of livestock wastes as set forth in the rules
32 adopted pursuant to the Illinois Environmental Protection Act
33 concerning agriculture related pollution.
-25- LRB9102177LDmbam03
1 (b) The livestock management facility owner or operator
2 at a facility of less than 1,000 animal units shall not be
3 required to prepare and maintain a waste management plan.
4 (c) The livestock management facility owner or operator
5 at a facility of 1,000 or greater animal units but less than
6 5,000 7,000 animal units shall prepare and maintain on file
7 at the livestock management facility a general waste
8 management plan. Notwithstanding this requirement, a
9 livestock management facility subject to this subsection may
10 be operated on an interim basis but not to exceed 6 months
11 after the effective date of the rules promulgated pursuant to
12 this Act to allow for the owner or operator of the facility
13 to develop a waste management plan. The waste management
14 plan shall be available for inspection during normal business
15 hours by Department personnel.
16 (d) The livestock management facility owner or operator
17 at a facility of 5,000 7,000 or greater animal units shall
18 prepare, maintain, and submit to the Department the waste
19 management plan for approval. Approval of the waste
20 management plan shall be predicated on compliance with
21 provisions of subsection (f). The waste management plan shall
22 be approved by the Department before operation of the
23 facility or in the case of an existing facility, the waste
24 management plan shall be submitted within 60 working days
25 after the effective date of the rules promulgated pursuant to
26 this Act.
27 The owner or operator of an existing livestock management
28 facility that through growth meets or exceeds 5,000 7,000
29 animal units shall file its waste management plan with the
30 Department within 60 working days after reaching the stated
31 animal units.
32 The owner or operator of a livestock management facility
33 that is subject to this subsection (d) shall file within 60
34 working days with the Department a revised waste management
-26- LRB9102177LDmbam03
1 plan when there is a significant change as provided in
2 subsection (e) of this Section in items (1), (2), or (10) of
3 subsection (f) that will materially affect compliance with
4 the waste management plan.
5 (d-5) The owner or operator of multiple livestock
6 management facilities under common facility ownership where
7 the cumulative animal units of the facilities are equal to or
8 greater than the animal unit numbers provided for in
9 subsection (c) of this Section shall prepare and keep on file
10 at each facility a waste management plan in accordance with
11 the requirements of subsection (c). The owner or operator of
12 multiple livestock management facilities that are under
13 common facility ownership where the cumulative animal units
14 of the facilities are equal to or greater than the animal
15 unit numbers provided for in subsection (d) of this Section
16 shall prepare and file with the Department a waste management
17 plan in accordance with the provisions of subsection (d).
18 Cumulative animal units shall be determined by combining the
19 animal units of multiple livestock management facilities
20 under the common facility ownership based upon the design
21 capacity of each facility. For the purposes of this
22 subsection (d-5), "under common facility ownership" means the
23 same person or persons own, directly or indirectly, through
24 majority owned business entities at least 51% of any person
25 or persons (as defined by Section 10.55) that own or operate
26 the livestock management facility or livestock waste handling
27 facility located in the State of Illinois.
28 (e) The owner or operator of a livestock management
29 facility shall update the waste management plan when there is
30 a change in values shown in the plan under item (1) of
31 subsection (f) of this Section. The waste management plan and
32 records of livestock waste disposal shall be kept on file for
33 three years.
34 (f) The application of livestock waste to the land is an
-27- LRB9102177LDmbam03
1 acceptable, recommended, and established practice in
2 Illinois. However, when livestock waste is not applied in a
3 responsible manner, it may create pollutional problems. It
4 should be recognized that research relative to livestock
5 waste application based on livestock waste nutrient content
6 is currently ongoing. The Dean of the College of
7 Agricultural, Consumer and Environmental Sciences at the
8 University of Illinois, or his or her designee, shall
9 annually report to the Advisory Committee on the status of
10 phosphorus research, including research that has been
11 supported in whole or in part by the Council for Food and
12 Agricultural Research. The Advisory Committee may also
13 consult with other appropriate research entities on the
14 status of phosphorus research. It is considered acceptable
15 to prepare and implement a waste management plan based on a
16 nitrogen rate, unless otherwise restricted by this Section.
17 It should be recognized that, in most cases, if the agronomic
18 nitrogen rate is met, the phosphorus applied will exceed the
19 crop requirements, but not all of the phosphorus may be
20 available for use by the crop. It will be considered
21 acceptable, therefore, to prepare and implement a waste
22 management plan based on the nitrogen rate. The waste
23 management plan shall include the following:
24 (1) An estimate of the volume of livestock waste to
25 be disposed of annually, which shall be obtained by
26 multiplying the design capacity of the facility by the
27 appropriate amount of waste generated by the animals.
28 The values showing the amount of waste generated in Table
29 2-1, Midwest Plan Services, MWPS-18, Livestock Waste
30 Management Facilities Handbook or Design Criteria for the
31 field application of livestock waste adopted by the
32 Agency may be used.
33 (2) The number of acres available for disposal of
34 the waste, whether they are owned by the owner or
-28- LRB9102177LDmbam03
1 operator of the livestock waste management facility or
2 are shown to be contracted with another person or persons
3 for disposal of waste.
4 (3) An estimate of the nutrient value of the waste.
5 The owner or operator may prepare a plan based on an
6 average of the minimum and maximum numbers in the table
7 values derived from Midwest Plan Services, MWPS-18,
8 Livestock Waste Facilities Handbook, the Agency's
9 Agriculture Related Pollution regulations, or the results
10 of analysis performed on samples of waste. For the
11 purposes of compliance with this subsection, the nutrient
12 values of livestock waste may vary as indicated in the
13 source table. In the case of laboratory analytical
14 results, the nutrient values may vary with the accuracy
15 of the analytical method.
16 (3.5) Results of the Bray P1 or Mehlich test for
17 soil phosphorus reported in pounds of elemental
18 phosphorus per acre. Soil samples shall be obtained and
19 analyzed from the livestock waste application fields on
20 land owned or under the control of the owner or operator
21 where applications are planned. Fields where livestock
22 waste is applied shall be sampled every 3 years. Sampling
23 procedures, such as the number of samples and the depth
24 of sampling, as outlined in the current edition of the
25 Illinois Agronomy Handbook shall be followed when soil
26 samples are obtained.
27 (3.6) If the average Bray P1 or Mehlich test result
28 for soil phosphorus calculated from samples obtained from
29 the application field is 300 pounds or less of elemental
30 phosphorus per acre, livestock waste may continue to be
31 applied to that field in accordance with subsection (f)
32 of this Section. If the average Bray P1 or Mehlich test
33 result for soil phosphorus for an application field is
34 greater than 300 pounds of elemental phosphorus per acre,
-29- LRB9102177LDmbam03
1 the owner or operator shall apply livestock waste at the
2 phosphorus rate to the field until the average Bray P1 or
3 Mehlich test for soil phosphorus indicates there is less
4 than 300 pounds of elemental phosphorus per acre. Upon
5 the development of a phosphorus index that is approved
6 subject to the provisions established in Section 55 of
7 this Act, the owner operator shall use such index in lieu
8 of the 300 pounds of elemental phosphorus per acre.
9 (4) An indication that the livestock waste will be
10 applied at rates not to exceed the agronomic nitrogen
11 demand of the crops to be grown when averaged over a
12 5-year period.
13 (5) A provision that livestock waste applied within
14 1/4 mile of any residence not part of the facility shall
15 be injected or incorporated on the day of application.
16 However, livestock management facilities and livestock
17 waste handling facilities that have irrigation systems in
18 operation prior to the effective date of this Act or
19 existing facilities applying waste on frozen ground are
20 not subject to the provisions of this item (5).
21 (6) A provision that livestock waste may not be
22 applied within 200 feet of surface water unless the water
23 is upgrade or there is adequate diking, and waste will
24 not be applied within 150 feet of potable water supply
25 wells.
26 (7) A provision that livestock waste may not be
27 applied in a 10-year flood plain unless the injection or
28 incorporation method of application is used.
29 (8) A provision that livestock waste may not be
30 applied in waterways.
31 (9) A provision that if waste is spread on frozen
32 or snow-covered land, the application will be limited to
33 land areas on which:
34 (A) land slopes are 5% or less, or
-30- LRB9102177LDmbam03
1 (B) adequate erosion control practices exist.
2 (10) Methods for disposal of animal waste.
3 (g) Any person who is required to prepare and maintain a
4 waste management plan and who fails to do so shall be issued
5 a warning letter by the Department for the first violation
6 and shall be given 30 working days to prepare a waste
7 management plan. For failure to prepare and maintain a waste
8 management plan, the person shall be fined an administrative
9 penalty of up to $1,000 by the Department and shall be
10 required to enter into an agreement of compliance to prepare
11 and maintain a waste management plan within 30 working days.
12 For failure to prepare and maintain a waste management plan
13 after the second 30 day period or for failure to enter into a
14 compliance agreement, the Department may issue an operational
15 cease and desist order until compliance is attained.
16 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
17 (510 ILCS 77/35)
18 Sec. 35. Setbacks for livestock management and livestock
19 handling facilities.
20 (a) Grandfather provision; facilities in existence prior
21 to July 15, 1991. Livestock management facilities and
22 livestock waste handling facilities in existence prior to
23 July 15, 1991 shall comply with setbacks in existence prior
24 to July 15, 1991, as set forth in the Illinois Environmental
25 Protection Act and rules promulgated under that Act.
26 (b) Grandfather provision; facilities in existence on
27 effective date and after July 15, 1991. Livestock management
28 facilities and livestock waste handling facilities in
29 existence on the effective date of this Act but after July
30 15, 1991 shall comply with setbacks in existence prior to the
31 effective date of this Act, as set forth in the Illinois
32 Environmental Protection Act and rules promulgated under that
33 Act.
-31- LRB9102177LDmbam03
1 (c) New livestock management or livestock waste handling
2 facilities. Any new facility shall comply with the following
3 setbacks:
4 (1) For purposes of determining setback distances,
5 minimum distances shall be measured from the nearest
6 corner of the residence or place of common assembly to
7 the nearest corner of the earthen waste lagoon or
8 livestock management facility, whichever is closer.
9 (2) A livestock management facility or livestock
10 waste handling facility serving less than 50 animal
11 units shall be exempt from setback distances as set forth
12 in this Act but shall be subject to rules promulgated
13 under the Illinois Environmental Protection Act.
14 (3) For a livestock management facility or waste
15 handling facility serving 50 or greater but less than
16 1,000 animal units, the minimum setback distance shall be
17 1/4 mile from the nearest occupied non-farm residence and
18 1/2 mile from the nearest populated area.
19 (4) For a livestock management facility or
20 livestock waste handling facility serving 1,000 or
21 greater but less than 7,000 animal units, the setback is
22 as follows:
23 (A) For a populated area, the minimum setback
24 shall be increased 440 feet over the minimum setback
25 of 1/2 mile for each additional 1,000 animal units
26 over 1,000 animal units.
27 (B) For any occupied residence, the minimum
28 setback shall be increased 220 feet over the minimum
29 setback of 1/4 mile for each additional 1,000 animal
30 units over 1,000 animal units.
31 (5) For a livestock management facility or
32 livestock waste handling facility serving 7,000 or
33 greater animal units, the setback is as follows:
34 (A) For a populated area, the minimum setback
-32- LRB9102177LDmbam03
1 shall be 1 mile.
2 (B) For any occupied residence, the minimum
3 setback shall be 1/2 mile.
4 (d) Requirements governing the location of a new
5 livestock management facility and new livestock
6 waste-handling facility and conditions for exemptions or
7 compliance with the maximum feasible location as provided in
8 rules adopted pursuant to the Illinois Environmental
9 Protection Act concerning agriculture regulated pollution
10 shall apply to those facilities identified in subsections (b)
11 and (c) of this Section. With regard to the maximum feasible
12 location requirements, any reference to a setback distance in
13 the rules under the Illinois Environmental Protection Act
14 shall mean the appropriate distance as set forth in this
15 Section.
16 (e) Setback category shall be determined by the design
17 capacity in animal units of the livestock management
18 facility.
19 (f) Setbacks may be decreased when innovative designs as
20 approved by the Department are incorporated into the
21 facility.
22 (g) A setback may be decreased when waivers are obtained
23 from owners of residences that are occupied and located in
24 the setback area.
25 (Source: P.A. 89-456, eff. 5-21-96.)
26 (510 ILCS 77/55)
27 Sec. 55. Rules; Livestock Management Facilities Advisory
28 Committee.
29 (a) There is hereby established a Livestock Management
30 Facilities Advisory Committee, which shall include the
31 Directors of the Department of Agriculture, the Environmental
32 Protection Agency, the Department of Natural Resources, and
33 the Department of Public Health, or their designees. The
-33- LRB9102177LDmbam03
1 Director of Agriculture or his or her designee shall serve as
2 the Chair of the Advisory Committee. Members of the Advisory
3 Committee may organize themselves as they deem necessary and
4 shall serve without compensation.
5 (b) The Advisory Committee shall review, evaluate, and
6 make recommendations to the Department of Agriculture for
7 rules necessary for the implementation of this Act. Based
8 upon the recommendations of the Advisory Committee, the
9 Department of Agriculture shall: (i), within 6 months after
10 the effective date of this Act, propose rules to the
11 Pollution Control Board for the implementation of design and
12 construction standards for livestock waste handling
13 facilities as set forth in Sections 13 and 15(a-5) of this
14 Act based upon the standards set forth in the American
15 Society of Agricultural Engineers' Standards, Engineering
16 Practices and Data (ASAE Standards) and future updates,
17 MidWest Plan Service's Concrete Manure Storage Handbook
18 (MWPS-36) and future updates and related supplemental
19 technical documents, the MidWest Plan Service's Livestock
20 Waste Facilities Handbook (MWPS-18) and future updates and
21 related supplemental technical documents or similar standards
22 used by the Natural Resources Conservation Service of the
23 United States Department of Agriculture; and (ii) on and
24 after the effective date of this amendatory Act of 1999,
25 provide public notice in the State newspaper, the Illinois
26 Register, and on the Department's internet website; hold
27 public hearings during the first notice period; and take
28 public comments and adopt rules pursuant to the Illinois
29 Administrative Procedure Act for all Sections of this Act
30 other than design and construction standards for livestock
31 waste handling facility as set forth in Sections 13 and
32 15(a-5).
33 (c) Within 6 months after the Department of Agriculture
34 proposing rules to The Pollution Control Board, the Board
-34- LRB9102177LDmbam03
1 shall hold hearings on and adopt rules for the implementation
2 of design and construction standards for livestock waste
3 handling facility as set forth in Sections 13 and 15(a-5) of
4 this Act in the manner provided for in Sections 27 and 28 of
5 the Environmental Protection Act. Rules adopted pursuant to
6 this Section shall take into account all available pollution
7 control technologies and, shall be technologically feasible
8 and economically reasonable, and may make distinctions for
9 the type and size of livestock management and livestock
10 management handling facilities and operations.
11 (d) The Advisory Committee shall meet once every 6
12 months after the effective date of this amendatory Act of
13 1997 to review, evaluate, and make recommendations to the
14 Department of Agriculture concerning the Department's random
15 inspection of livestock waste lagoons under Section 16 of
16 this Act.
17 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
18 Section 99. Effective date. This Act takes effect July
19 1, 1999.".