2023 Illinois Compiled Statutes › Chapter 510 - ANIMALS › 510 ILCS 77/ - Livestock Management Facilities Act.

(510 ILCS 77/1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Livestock Management Facilities Act.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/5)
Sec. 5. 
		Policy.
(a) The General Assembly finds the following:
(1) Enhancements to the current regulations dealing     with livestock production facilities are needed.
(2) The livestock industry is experiencing rapid     changes as a result of many different occurrences within the industry including increased sophistication of production technology, increased demand for capital to maintain or expand operations, and changing consumer demands for a quality product.
(3) The livestock industry represents a major     economic activity in the Illinois economy.
(4) The trend is for larger concentration of animals     at a livestock management facility due to various market forces.
(5) Current regulation of the operation and     management of livestock production is adequate for today's industry with a few modifications.
(6) Due to the increasing numbers of animals at a     livestock management facility, there is a potential for greater impacts on the immediate area.
(7) Livestock waste lagoons must be constructed     according to standards to maintain structural integrity and to protect groundwater.
(8) Since a majority of odor complaints result from     manure application, livestock producers must be provided with an educational program that will enhance neighbor awareness  and their environmental management skills, with emphasis on management of livestock wastes.
(b) Therefore, it is the policy of the State of Illinois to maintain an
economically viable livestock industry in the State of Illinois while
protecting the environment for the benefit of both the livestock producer and
persons who live in the vicinity of a livestock production facility.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10)
Sec. 10. 
		Definitions. 
		In this Act words and phrases have the meanings set forth in the following
Sections, unless the context clearly requires otherwise:
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.5)
Sec. 10.5. 
		Agency. 
		"Agency" means the Illinois Environmental Protection Agency.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.7)
Sec. 10.7. 
		Animal feeding operation. 
		"Animal feeding operation" means a
feeding operation as defined in the
Illinois Environmental Protection Act and the rules promulgated under that Act
concerning agriculture related pollution.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.10)
Sec. 10.10. 
		Animal unit. 
		"Animal unit" means a unit of measurement for any animal feeding
operation calculated as follows:
(1) Brood cows and slaughter and feeder cattle multiplied by 1.0.
(2) Milking dairy cows multiplied by 1.4.
(3) Young dairy stock multiplied by 0.6.
(4) Swine weighing over 55 pounds multiplied by 0.4.
(5) Swine weighing under 55 pounds multiplied by 0.03.
(6) Sheep, lambs, or goats multiplied by 0.1.
(7) Horses multiplied by 2.0.
(8) Turkeys multiplied by 0.02.
(9) Laying hens or broilers multiplied by 0.01 (if the facility has
continuous overflow watering).
(10) Laying hens or broilers multiplied by 0.03 (if the facility has a
liquid manure handling system).
(11) Ducks multiplied by 0.02.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.15)
Sec. 10.15. 
		Certified livestock manager. 
		"Certified livestock manager" means a person that has been duly
certified by the Department as an operator of a livestock waste handling
facility.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.20)
Sec. 10.20. 
		Department. 
		"Department" means the Illinois Department of Agriculture.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.23)
Sec. 10.23. 
		Farm residence. 
		"Farm residence" means any residence on a
farm owned or occupied by the farm owners, operators, tenants, or seasonal or
year-round hired workers.  For purposes of this definition, a "farm" is the
land, buildings, and machinery used in the commercial production of farm
products, and "farm products" are those plants and animals and their products
which are produced or raised for commercial purposes and include but are not
limited to forages and sod crops, grains and feed crops, dairy and dairy
products, poultry and poultry products, livestock, fruits, vegetables, flowers,
seeds, grasses, trees, fish, honey and other similar products, or any other
plant, animal, or plant or animal product which supplies people with food,
feed, fiber, or fur.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.24)
Sec. 10.24. 
		Karst Area. 
		"Karst area" means an area with a land surface
containing
sinkholes, large springs, disrupted land drainage, and underground drainage
systems associated
with karstified carbonate bedrock and caves or a land surface without these
features but
containing a karstified carbonate bedrock unit generally overlain by less than
60 feet of
unconsolidated materials.
(Source: P.A. 91-110, eff. 7-13-99.)
(510 ILCS 77/10.25)
Sec. 10.25. 
		Lagoon. 
		"Lagoon" means any excavated, diked, or walled structure or combination
of structures designed for biological stabilization and storage of livestock
wastes.  A lagoon does not include structures such as
manufactured slurry storage structures or pits under buildings
as defined in
rules under the Environmental Protection Act concerning agriculture related
pollution.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.26)
Sec. 10.26. 
		Karstified carbonate bedrock. 
		"Karstified carbonate bedrock"
means a
carbonate bedrock unit (limestone or dolomite) that has a pronounced conduit or
secondary
porosity due to dissolution of the rock along joints, fractures, or bedding
plains.
(Source: P.A. 91-110, eff. 7-13-99.)
(510 ILCS 77/10.30)
Sec. 10.30. 
		Livestock management facility. 
		"Livestock management facility" means any animal feeding operation, livestock
shelter, or on-farm milking and accompanying milk-handling area.
Two or more livestock management
facilities under common ownership, where the facilities are not separated by a
minimum distance of 1/4 mile, and that share a common livestock waste handling
facility shall be considered a single livestock management facility.  A
livestock management facility at educational institutions, livestock pasture
operations, where animals are housed on a temporary basis such as county and
state fairs, livestock shows, race tracks, and horse breeding and foaling
farms, and market holding
facilities are not subject to this Act.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.35)
Sec. 10.35. 
		Livestock waste. 
		"Livestock waste" means livestock excreta and associated feed losses,
bedding, wash waters, sprinkling waters from livestock cooling, precipitation
polluted by falling on or flowing onto an animal feeding operation, and other
materials polluted by livestock.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.40)
Sec. 10.40. 
		Livestock waste handling facility. 
		"Livestock waste handling facility" means individually or collectively
those immovable constructions or devices, except sewers, used for collecting,
pumping, treating, or disposing of livestock waste or for the recovery of
by-products from the livestock waste.
Two or more livestock waste handling facilities under common ownership and
where the facilities are not separated by a minimum distance of 1/4 mile shall
be considered a single livestock waste handling facility.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.43)
Sec. 10.43. 
		Modified. 
		"Modified" means structural changes to a lagoon
that increase its volumetric capacity.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.45)
Sec. 10.45. 
		New facility. 
		"New facility" means a livestock management facility or a livestock
waste handling facility the construction or expansion of which is commenced
on or after the effective date of
this Act.
Expanding a facility where the fixed capital cost of the new components
constructed within a 2-year period does not exceed 50% of the fixed capital
cost of a comparable entirely new facility shall not be deemed a new facility
as used in this Act.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.47)
Sec. 10.47. 
		Non-farm residence. 
		"Non-farm residence" means any residence
which is not a farm residence.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.50)
Sec. 10.50. 
		Owner or operator. 
		"Owner or operator" means any person who owns, leases, controls, or
supervises a livestock management facility or livestock waste-handling
facility.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.55)
Sec. 10.55. 
		Person. 
		"Person" means any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust, estate,
political subdivision, state agency, or any other legal entity or their legal
representative, agent, or assigns.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/10.60)
Sec. 10.60. 
		Populated area. 
		"Populated area" means any area where at least 10 inhabited
non-farm
residences are located or where at least 50 persons frequent a common
place of assembly or a non-farm business at least once per week.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/11)
Sec. 11. 
		
		Filing notice of intent to construct and construction data;
registration of facilities.
(a) An owner or operator shall file a notice of intent to construct for a
livestock
management facility or livestock waste handling facility with the Department
prior to
construction to establish a base date, which shall be valid for one year, for
determination of setbacks in compliance with setback distances or, in the case
of
construction that is not a new facility, with the maximum feasible location
requirements of Section 35 of this Act.
(b) For a livestock waste handling facility that is not subject to Section
12
of this Act, a
construction plan of the waste handling structure with design specifications of
the
structure noted as prepared by or for the owner or operator shall be filed with
the
Department at least 10 calendar days prior to the anticipated dates of
construction.
Upon receipt of the notice of intent to construct form or the construction
plan, the
Department shall review the documents to determine if all information has been
submitted or if clarification is needed.  The Department shall, within 15
calendar days
of receipt of a notice of intent to construct or the construction plan, notify
the owner or
operator that construction may begin or that clarification is needed.
(c) For a livestock waste handling facility that is subject to Section 12 of
this Act, a
completed registration shall be filed with the Department at least 37 calendar
days
prior to the anticipated dates of construction.  The registration shall include
the
following:  (i) the name and address of the owner and operator of the livestock
waste
handling facility; (ii) a general description of the livestock waste handling
structure
and the type and number of the animal units of livestock it serves;  (iii) the
construction plan of the waste handling structure with design specifications of
the
structure noted as prepared by or for the owner or operator, and (iv)
anticipated dates
of construction.  The Department shall, within 15 calendar days of receipt of
the
registration form, notify the person submitting the form that the registration
is
complete or that clarification information is needed.
(d) Any owner or operator who fails to file a notice of intent to construct
form or
construction plans with the Department prior to commencing construction, upon
being
discovered by the Department, shall be subject to an administrative hearing by the
Department.  The administrative law judge, upon determination of a failure to file the
appropriate form, shall impose a civil administrative penalty in an amount no more
than $1,000 and shall enter an administrative order directing that the owner or
operator file the appropriate form within 10 business days after receiving notice from
the Department.  If, after receiving the administrative law judge's order to file, the
owner or operator fails to file the appropriate form with the Department, the
Department shall impose a civil administrative penalty in an amount no less than
$1,000 and no more than $2,500 and shall enter an administrative order
prohibiting
the operation of the facility until the owner or operator is in compliance with
this Act.
Penalties under this subsection (d) not paid within 60 days of notice from the
Department shall be submitted to the Attorney General's office or an approved
private collection agency.
(Source: P.A. 91-110, eff. 7-13-99.)
(510 ILCS 77/12)
Sec. 12. 
		Public informational meeting; lagoons and non-lagoon structures.
(a) Beginning on the effective date of this amendatory Act of 1999, within 7
days after
receiving a form giving notice of intent to construct (i) a new livestock
management facility or
livestock waste handling facility serving 1,000 or more animal units that does
not propose to
utilize a lagoon or (ii) a livestock waste management facility or livestock
waste handling facility
that does propose to utilize a lagoon, the Department shall send a copy of the
notice form to the
county board of the county in which the facility is to be located and shall
publish a public notice in
a newspaper of general circulation within the county.  After receiving a copy
of the notice form
from the Department, the county board may, at its discretion and within 30 days
after receipt of
the notice, request that the Department conduct an informational meeting
concerning the
proposed construction that is subject to this Section.  In addition, during the
county's 30-day
review period, county residents may petition the county board of the county
where the proposed
new facility will be located to request that the Department conduct an
informational meeting.
When petitioned by 75 or more of the county's residents who are registered
voters, the county
board shall request that the Department conduct an informational meeting.  If
the county board
requests that the Department conduct the informational meeting, the Department
shall conduct
the informational meeting within 15 days of the county board's request.  If the
Department
conducts such a meeting, it shall cause notice of the meeting to be published
in a newspaper of
general circulation in the county and in the State newspaper and shall send a
copy of the notice to the County Board.  Upon receipt of the notice, the County
Board shall post the notice
on the public
informational board at the county courthouse at least 10 days before the
meeting.  The owner or
operator who submitted the notice of intent to construct to the Department
shall appear at the
meeting.  At the meeting, the Department shall afford members of the public an
opportunity to ask
questions and present oral or written comments concerning the proposed
construction.
(b) The county board shall submit at the informational meeting or within 30
days following
the meeting an advisory, non-binding recommendation to the Department about the
proposed
new facility's construction in accordance with the applicable requirements of
this Act.  The
advisory, non-binding recommendation shall contain at a minimum:
(1) a statement of whether the proposed facility     achieves or fails to achieve each of the 8 siting criteria as outlined in subsection (d); and
(2) a statement of the information and criteria used     by the county board in determining that the proposed facility met or failed to meet any of the criteria described in subsection (d).
(c) When the county board requests an informational meeting, construction
shall not
begin until after the informational meeting has been held, the Department has
reviewed the
county board's recommendation and replied to the recommendation indicating if
the proposed
new livestock management facility or the new livestock waste handling facility
is or will be in
compliance with the requirements of the Act, and the owner, operator, or
certified manager and
operator has received the Department's notice that the setbacks and all
applicable requirements
of this Act have been met.
(d) At the informational meeting for the proposed facility, the Department
of
Agriculture
shall receive evidence by testimony or otherwise on the following subjects:
(1) Whether registration and livestock waste     management plan certification requirements, if required, are met by the notice of intent to construct.
(2) Whether the design, location, or proposed     operation will protect the environment by being consistent with this Act.
(3) Whether the location minimizes any     incompatibility with the surrounding area's character by being located in any area zoned for agriculture where the county has zoning or where the county is not zoned, the setback requirements established by this Act are complied with.
(4) Whether the facility is located within a 100-year     floodplain or an otherwise environmentally sensitive area (defined as an area of karst area or with aquifer material within 5 feet of the bottom of the livestock waste handling facility) and whether construction standards set forth in the notice of intent to construct are consistent with the goal of protecting the safety of the area.
(5) Whether the owner or operator has submitted plans     for operation that minimize the likelihood of any environmental damage to the surrounding area from spills, runoff, and leaching.
(6) Whether odor control plans are reasonable and     incorporate reasonable or innovative odor reduction technologies given the current state of such technologies.
(7) Whether traffic patterns minimize the effect on     existing traffic flows.
(8) Whether construction or modification of a new     facility is consistent with existing community growth, tourism, recreation, or economic development or with specific projects involving community growth, tourism, recreation, or economic development that have been identified by government action for development or operation within one year through compliance with applicable zoning and setback requirements for populated areas as established by this Act.
(Source: P.A. 91-110, eff. 7-13-99.)
(510 ILCS 77/12.1)
Sec. 12.1. 
		Final determination.
(a) Within 15 calendar days of the close of the comment period under
subsection (b) of Section 12,
the Department shall determine if, more likely than not, the provisions of
the Act have been
met and shall send notice to the applicant and the county board indicating that
construction may
proceed.  If the
Department finds that, more likely than not, the provisions of the Act have not
been met the
Department shall send notice to the applicant that construction is prohibited.
(a-5) If the Department finds that additional information or that specific
changes are
needed in order to assist the Department in making the determination under
subsection (a) of this
Section, the
Department may request such information or changes from the owner or operator
of the new
livestock waste handling facility or waste management facility.
(b) If no informational meeting is held, the Department shall, within 15
calendar days
following the end of the period for the county board to request an
informational meeting, notify the
owner or operator that construction may begin or that clarification is needed.
(c) If the owner or operator of a proposed livestock management facility or
livestock
waste handling facility amends the facility plans during the Department's
review, the Department
shall notify the county board, which may exercise its option of a public
informational meeting
pursuant to Section 12 of this Act.
(d) If the owner or operator of a proposed new livestock management or new
livestock
waste handling facility amends the facility plans during the Department's
review process by
increasing the animal unit capacity of the facility such that the required
setback distances will be
increased, the owner or operator shall submit a revised notice of intent to
construct and comply
with applicable provisions of this Act.
(Source: P.A. 91-110, eff. 7-13-99.)
(510 ILCS 77/13)
Sec. 13. Livestock waste handling facilities other than earthen livestock
waste lagoons;
construction standards; certification; inspection; removal-from-service
requirements.
(a) After the effective date of this amendatory Act of 1999, livestock waste
handling
facilities other than earthen livestock waste lagoons used for the storage of
livestock waste shall
be constructed in accordance with this Section.
(1) Livestock waste handling facilities constructed     of concrete shall meet the strength and load factors set forth in the Midwest Plan Service's Concrete Manure Storage Handbook (MWPS-36) and future updates.  In addition, those structures shall meet the following requirements:
(A) Waterstops shall be incorporated into the         design of the storage structure when consistent with the requirements of paragraph (1) of this subsection;
(B) Storage structures that handle waste in a         liquid form shall be designed to contain a volume of not less than the amount of waste generated during 150 days of facility operation at design capacity; the owner or operator of a livestock waste handling facility constructed with concrete with a design capacity of less than 300 animal units may demonstrate to the Department that a reduced storage volume, not less than 60 days, is feasible due to (i) the availability of land application areas that can receive manure at agronomic rates or (ii) another manure disposal method is proposed that will allow for the reduced manure storage design capacity; the Department shall evaluate the proposal and determine whether a reduced manure storage design capacity is appropriate for the site; and
(C) Storage structures not covered or otherwise         protected from precipitation shall, in addition to the waste storage volume requirements of subparagraph (B) of paragraph (1) of this subsection, include a 2-foot freeboard.
(2) A livestock waste handling facility in a     prefabricated form shall meet the strength, load, and compatibility factors for its intended use.  Those factors shall be verified by the manufacturer's specifications.
(3) Livestock waste handling facilities holding     semi-solid livestock waste, including but not limited to picket dam structures, shall be constructed according to the requirements set forth in the Midwest Plan Service's Livestock Waste Facilities Handbook (MWPS-18) and future updates or similar standards used by the Natural Resources Conservation Service of the United States Department of Agriculture.
(4) Livestock waste handling facilities holding solid     livestock waste shall be constructed according to the requirements set forth in the Midwest Plan Service's Livestock Waste Facilities Handbook (MWPS-18) and future updates or similar standards used by the Natural Resources Conservation Service of the United States Department of Agriculture.  In addition, solid livestock waste stacking structures shall be sized to store not less than the amount of waste generated during 6 months of facility operation at design capacity. The owner or operator of a livestock waste handling facility holding solid livestock waste with a design capacity of less than 300 animal units may demonstrate to the Department that a reduced storage volume, not less than 2 months, is feasible due to (i) the availability of land application areas that can receive manure at agronomic rates or (ii) another manure disposal method is proposed that will allow for the reduced storage design capacity. The Department shall evaluate the proposal and determine whether a reduced manure storage design capacity is appropriate for the site.
(5) Holding ponds used for the temporary storage of     livestock feedlot run-off shall be constructed according to the requirements set forth in the Midwest Plan Service's Livestock Waste Facilities Handbook (MWPS-18) and future updates or similar standards used by the Natural Resources Conservation Service of the United States Department of Agriculture.
(b) New livestock management facilities and livestock waste handling
facilities
constructed after the effective date of this amendatory Act of 1999 shall be
subject to the
additional construction requirements and siting prohibitions provided in this
subsection (b).
(1) No new non-lagoon livestock management facility     or livestock waste handling facility may be constructed within the floodway of a 100-year floodplain. A new livestock management facility or livestock waste handling facility may be constructed within the portion of a 100-year floodplain that is within the flood fringe and outside the floodway provided that the facility is designed and constructed to be protected from flooding and meets the requirements set forth in the Rivers, Lakes, and Streams Act, Section 5-40001 of the Counties Code, and Executive Order Number 4 (1979).  The delineation of floodplains, floodways, and flood fringes shall be in compliance with the National Flood Insurance Program.  Protection from flooding shall be consistent with the National Flood Insurance Program and shall be designed so that stored livestock waste is not readily removed.
(2) A new non-lagoon livestock waste handling     facility constructed in a karst area shall be designed to prevent seepage of the stored material into groundwater in accordance with ASAE 393.2 or future updates.  Owners or operators of proposed facilities should consult with the local soil and water conservation district, the University of Illinois Cooperative Extension Service, or other local, county, or State resources relative to determining the possible presence or absence of such areas. Notwithstanding the other provisions of this paragraph (2), after the effective date of this amendatory Act of 1999, no non-lagoon livestock waste handling facility may be constructed within 400 feet of any natural depression in a karst area formed as a result of subsurface removal of soil or rock materials that has caused the formation of a collapse feature that exhibits internal drainage.  For the purposes of this paragraph (2), the existence of such a natural depression in a karst area shall be indicated by the uppermost closed depression contour lines on a USGS 7 1/2 minute quadrangle topographic map or as determined by Department field investigation in a karst area.
(3) A new non-lagoon livestock waste handling     facility constructed in an area where aquifer material is present within 5 feet of the bottom of the facility shall be designed to ensure the structural integrity of the containment structure and to prevent seepage of the stored material to groundwater.  Footings and underlying structure support shall be incorporated into the design standards of the storage structure in accordance with the requirements of Section 4.1 of the American Society of Agricultural Engineers (ASAE) EP 393.2 or future updates.
(c) A livestock waste handling facility owner may rely on guidance from the
local soil
and water conservation district, the Natural Resources Conservation Service of
the United
States Department of Agriculture, or the University of Illinois Cooperative
Extension Service
for soil type and associated information.
(d) The standards in subsections (a) and (b) shall serve as interim
construction
standards until such time as permanent rules promulgated pursuant to Section 55
of this Act
become effective.  In addition, the Department and the Board shall utilize the
interim
standards in subsections (a) and (b) as a basis for the development of such
permanent rules.
(e) The owner or operator of a livestock management facility or livestock
waste
handling facility may, with the approval of the Department, elect to exceed the
strength and
load requirements as set forth in this Section.
(f) The owner or operator of a livestock management facility or livestock
waste
handling facility shall send, by certified mail or in person, to the Department
a certification
of compliance together with copies of verification documents upon completion of
construction.
In the case of structures constructed with the design standards used by the
Natural Resources
Conservation Service of the United States Department of Agriculture, copies of
the design
standards and a statement of verification signed by a representative of the
United States
Department of Agriculture shall accompany the owner's or operator's
certification of
compliance.  The certification shall state that the structure meets or exceeds
the requirements
in subsection (a) of this Section.  A $250 filing fee shall accompany the
statement.
(g) The Department shall inspect the construction site prior to
construction, during
construction, and within 10 business days following receipt of the
certification of compliance
to determine compliance with the construction standards.
(h) The Department shall require modification when necessary to bring the
construction into compliance with the standards set forth in this Section.  The
person making
the inspection shall discuss with the owner, operator, or certified livestock
manager an
evaluation of the livestock waste handling facility construction and shall (i)
provide on-site
written recommendations to the owner, operator, or certified livestock manager
of what
modifications are necessary or (ii) inform the owner, operator, or certified
livestock manager
that the facility meets the standards set forth in this Section.  On the day of
the inspection, the
person making the inspection shall give the owner, operator, or certified
livestock manager a
written report of findings based on the inspection together with an explanation
of remedial
measures necessary to enable the livestock waste handling facility to meet the
standards set
forth in this Section.  The Department shall, within 5 business days of the date of inspection,
send an official written notice to the owner or operator of the livestock waste handling facility
by certified mail, return receipt requested, indicating that the facility meets the standards set
forth in this Section or identifying the remedial measures necessary to enable the livestock
waste handling facility to meet the standards set forth in this Section.  The owner or operator
shall, within 10 business days of receipt of an official written notice of deficiencies, contact the
Department to develop the principles of an agreement of compliance.  The owner or operator
and the Department shall enter into an agreement of compliance setting forth the specific
changes to be made to bring the construction into compliance with the standards
required under
this Section.  If an agreement of compliance cannot be achieved, the Department
shall issue a
compliance order to the owner or operator outlining the specific changes to be
made to bring
the construction into compliance with the standards required under this
Section.
 The owner
or operator can request an administrative hearing to contest the provisions of
the
Department's compliance order.
(i) (Blank).
(j) If any owner or operator operates in violation of an agreement of
compliance, the
Department shall seek an injunction in circuit court to prohibit the operation
of the facility
until construction and certification of the livestock waste handling facility
are in compliance
with the provisions of this Section.
(k) When any livestock management facility not using an earthen livestock
waste
lagoon is removed from service, the accumulated livestock waste remaining within the facility
shall be removed and applied to land at rates consistent with a waste management plan for the
facility.  Removal of the waste shall occur within 12 months after the date
livestock production
at the facility ceases.  In addition, the owner or operator shall make
provisions to prevent the
accumulation of precipitation within the livestock waste handling facility.
Upon completion
of the removal of manure, the owner or operator of the facility shall notify
the Department that
the facility is being removed from service and the remaining manure has been
removed.  The
Department shall conduct an inspection of the livestock waste handling facility
and inform the
owner or operator in writing that the requirements imposed under this
subsection (k) have been met or that
additional actions are necessary.  Commencement of operations at a facility
that has livestock
shelters left intact and that has completed the requirements imposed under this
subsection
(k)
and that has been
operated as a livestock management facility or livestock waste handling
facility for 4
consecutive months at any time within the previous 10 years shall not be
considered a new or
expanded livestock management or waste handling facility.  A new facility
constructed after May 21, 1996 that has
been removed
from service for a period of 2 or more years shall not be placed back into
service prior to an
inspection of the livestock waste handling facility and receipt of written
approval by the
Department.
(Source: P.A. 95-38, eff. 1-1-08; 96-328, eff. 8-11-09.)
(510 ILCS 77/15)
Sec. 15. 
		Livestock waste lagoon.
(a) Standards for livestock waste lagoon construction.
Any earthen livestock waste lagoon subject to registration shall be constructed
or modified in accordance with "Design of Anaerobic Lagoons for Animal Waste
Management" promulgated by the American Society of Agricultural Engineers or
the national guidelines as published by the
United
States Department of Agriculture Natural Resource Conservation Service in
Illinois and titled Waste Treatment Lagoon.  The
owner or operator of the earthen livestock lagoon may, with approval from the
Department, modify or exceed these  standards in order to meet site specific
objectives.
Notwithstanding any other requirement of this subsection, every earthen
livestock waste lagoon shall include the construction of a secondary berm,
filter strip, grass waterway, or terrace, or any combination of those,
outside the perimeter of the primary berm if an engineer licensed under the
Professional Engineering Practice Act of 1989 and retained by the registrant
determines, with the concurrence of the Department,
that construction of
such a secondary berm or other feature or features is necessary in order to
ensure against a release
of livestock waste from the lagoon
(i) that encroaches or is reasonably expected to encroach upon land other
than the land occupied by the livestock waste handling facility of which the
lagoon is a part or (ii)
that enters or is
reasonably expected to enter the waters of this State.
The
Department shall determine compliance with these requirements.  The Department
may require changes in design or additional requirements to protect
groundwater, such as extra liner depth or synthetic liners, when it appears
groundwater could be impacted.
(a-5) New earthen livestock waste lagoons constructed after the effective
date
of this
amendatory Act of 1999 shall be subject to additional construction requirements
and siting
prohibitions as provided in this subsection (a-5).
(1) No new earthen livestock waste lagoon may be     constructed within the floodway of a 100-year floodplain.  A new earthen livestock waste lagoon may be constructed within the portion of a 100-year floodplain that is within the flood fringe and outside the floodway provided that the facility is designed and constructed so that livestock waste is not readily removed during flooding and meets the requirements set forth in the Rivers, Lakes, and Streams Act, Section 5-40001 of the Counties Code, and Executive Order Number 4 (1979).  The delineation of floodplains, floodways, and flood fringes shall be in compliance with the National Flood Insurance Program.
(2) A new earthen livestock waste lagoon constructed     in a karst area shall be designed to prevent seepage of the stored material to groundwater.  Owners or operators of proposed facilities shall consult with the local soil and water conservation district, the University of Illinois Cooperative Extension Service, or other local, county, or State resources relative to determining the possible presence or absence of such areas.  Notwithstanding the other provisions of this paragraph (2), after the effective date of this amendatory Act of 1999, no earthen livestock waste lagoon may be constructed within 400 feet of any natural depression in a karst area formed as a result of subsurface removal of soil or rock materials that has caused the formation of a collapse feature that exhibits internal drainage.  For the purposes of this paragraph (2), the existence of such natural depression in a karst area shall be indicated by the uppermost closed depression contour lines on a USGS 7 1/2 minute quadrangle topographic map or as determined by Department field investigation in a karst area.
(b) Registration and certification.
Any earthen livestock waste lagoon newly constructed or modified (does not
include repairs) after the effective date of rules adopted for the
implementation of this Act shall be registered by the owner or operator with
the Department on a form provided by the Department.  Lagoons constructed prior
to the effective date of rules adopted for the implementation of this Act may
register with the Department at no charge.
In order to give the Department notice of the owner's or operator's intent
to construct or modify an earthen livestock waste lagoon, the owner or
operator shall register such lagoon with the Department during
the
preconstruction phase.  Construction shall not begin until 30 days after
submittal of
a registration form by certified mail to the Department.
When an informational meeting is requested by the county, construction
shall not begin until after the informational meeting has been held.
Livestock waste lagoon registration forms shall be made available to
producers
at offices of the Department of Agriculture, Cooperative Extension Service, and
Soil and Water Conservation Districts.
Registration information shall include the following:
(1) Name(s) and address(es) of the owner and operator     who are responsible for the livestock waste lagoon.
(2) General location of lagoon.
(3) Design construction plans and specifications.
(4) Specific location information:
(A) Distance to a private or public potable well;
(B) Distance to closest occupied private         residence (other than any occupied by owner or operator);
(C) Distance to nearest stream; and
(D) Distance to nearest populated area.
(5) Anticipated beginning and ending dates of     construction.
(6) Type of livestock and number of animal units.
The Department of Agriculture upon receipt of a livestock waste lagoon
registration form shall review the form to determine that all required
information has been provided.  The person filing the registration shall be
notified within 15 working days that the registration is complete or that
clarification of information is needed.  No later than 10 working days after
receipt of the clarification information, the Department shall notify
the owner or operator that the registration is complete.
The Department
shall inspect an earthen
livestock waste lagoon during
preconstruction, construction,
and post-construction.  The Department
shall require
modifications when
necessary to bring
construction in compliance with the standards as set forth in
subsection (a) of Section
15.
The person making the inspection shall discuss with the owner,
operator, or certified livestock manager
an evaluation of the livestock waste lagoon construction and
shall (i) provide on-site written recommendations to the owner,
operator, or certified livestock manager of what
modifications are necessary or (ii) inform the owner, operator, or certified
livestock manager that the lagoon meets the standards set forth in
subsection (a) of Section 15.
On the day of the inspection, the person making the inspection shall give the
owner, operator, or certified livestock manager a written report of his or her
findings based on the inspection, together with an explanation of any remedial
measures necessary to enable the lagoon to meet the standards set forth in
subsection (a).
The person making any inspection shall comply with reasonable animal health
protection procedures as requested by the owner, operator, or
certified livestock manager.
Upon completion of the construction or modification, but prior to placing the
lagoon in service, the owner or operator of the livestock waste lagoon shall
certify on a form provided by the Department that the lagoon has been
constructed or modified in accordance with the standards set forth in
subsection (a) of Section 15 and that the information provided on the
registration form is
correct.
(1) The certification notice to the Department shall     include a certification statement and signature.
(2) The certification shall state: "I hereby certify     that the information provided on this form is correct and that the lagoon has been constructed in accordance with the standards as required by the Livestock Management Facilities Act."
Within 10 business days of receipt of the certification of compliance, the
Department shall inspect the lagoon site.  The Department shall, within 5
business days of the date of inspection, send an official written notice by
certified mail, return receipt requested, to the owner or operator of the
facility indicating that all the requirements of this Section have been met or
that deficiencies exist that must be corrected prior to the completion of the
 lagoon registration process and the placement of the lagoon into service.
The owner or operator of the lagoon may proceed to place the lagoon in
service after receipt of the Department's notice that all the requirements of
this Section have been met.
(c) Complaint procedure.
Any person having a complaint concerning an earthen livestock waste lagoon may
file a
complaint with the Agency.  If the Agency
finds that groundwater has been negatively impacted because of structural
problems with the earthen lagoon, the Agency shall notify the Department that
modification of the lagoon is necessary.
The
livestock owner or operator or the Department may request guidance from the
United States Department of Agriculture Natural Resource Conservation Service
or the University of Illinois Cooperative Extension Service.
The person making any inspection shall comply with animal health protection
procedures as requested by the owner or operator.
Any earthen livestock waste lagoon in service prior to the effective date of
the rules for implementation of this Act is not subject to registration
but is only subject to the complaint procedure.  However, any such
livestock waste lagoon found impacting groundwater shall be required to be
repaired, modified, or have procedures instituted so groundwater is not
negatively impacted.
If an investigation reveals groundwater has been negatively impacted,
the Department and Agency shall cooperate
with the owner or operator of the affected livestock waste lagoon to provide a
reasonable solution to protect the groundwater.
Nothing in this Section shall limit the Agency's authority under the
Environmental Protection Act to investigate and respond to violations of the
Environmental Protection Act or rules adopted under that Act.
(d) Livestock waste lagoon registration fee.  The livestock waste lagoon
registration fee is $250.
(e) Closure of livestock waste lagoons.
When any earthen livestock waste lagoon is removed from service, it shall be
completely emptied.  Appropriate closure procedures shall be followed as
determined by rule.  The remaining hole must be filled.  The closure
requirements shall be completed within two years from the date of cessation of
operation unless the lagoon is maintained or serviced.  The Department may
grant a waiver to the before-stated closure requirements that will permit
the
lagoon to be used for an alternative purpose.
Upon a change in ownership of a registered earthen livestock waste lagoon,
the
owner shall notify the Department of the change within 30 working days of the
closing
of the transaction.
(f) Administrative authority.
All actions of the Department of Agriculture are subject to the Illinois
Administrative Procedure Act.
Any earthen livestock waste lagoon subject to registration shall not begin
operation until the owner or operator of the lagoon has met the requirements of
this Act.
The owner or operator of any earthen livestock waste lagoon subject to
registration that has not been registered or constructed in accordance with
standards set forth in subsection (a) of Section 15 shall, upon being
identified as such by the Department, be
given written notice by the Department to register and certify the lagoon
within 10 working days of receipt of the notice.  The Department
may inspect
such
lagoon and require compliance in accordance with subsections (a) and (b) of
this
Section. If the owner or operator of the livestock waste lagoon that is subject
to registration fails to comply with the notice, the Department may issue a
cease and desist order until such time as compliance is obtained with the
requirements of this Act.
Failure to construct the lagoon in accordance with the construction plan and
Department recommendations is a business offense punishable by a fine of not
more than $5,000.
(Source: P.A. 90-565, eff. 6-1-98; 91-110, eff. 7-13-99.)
(510 ILCS 77/16)
Sec. 16. 
		
		Inspection of earthen livestock waste lagoons by
Department.
At least once each year on a random
basis, the Department shall inspect every earthen livestock waste lagoon that
services 1,000 or more animal units and
is required to be registered
under this Act.
The owner or operator of the lagoon or
a certified livestock manager must be present during the inspection.
If the owner, operator, or certified livestock manager is not present at the
scheduled date, time, and place of the inspection, the inspection shall
proceed in his or her absence.  The
person making the inspection shall conduct a visual inspection to determine
only whether any of the following are present: burrow holes, trees or woody
vegetation, proper freeboard, erosion, settling of the berm, bermtop
maintenance, leaks, and seepage. The person making the inspection shall
discuss with the owner, operator, or certified livestock manager an evaluation
of the livestock waste lagoon's current condition and shall (i) provide on-site
written recommendations to the owner, operator, or certified livestock
manager of what corrective actions are necessary or (ii) inform the owner,
operator, or certified livestock manager that the lagoon meets the standards
set forth in this subsection.
The person making any inspection shall comply with reasonable animal
health protection procedures as requested by the owner, operator, or
certified livestock manager.
The Department
shall send
official written notice of any deficiencies to the owner or operator of the
lagoon
by certified mail, return receipt requested.
 The owner or operator and the Department shall enter into an agreement of
compliance setting forth the specific action and timetable to correct the
deficiencies.
The person making the
reinspection shall notify the Department of the results of
the reinspection, and the Department shall take the appropriate action under
this Section.
If the Department's inspector finds a release or evidence of a release, the
Department shall immediately report such information to the Agency.
For a first violation of this Section by the
owner or operator of a livestock management facility or livestock waste
handling facility, the Department shall send the owner or operator a written
notice of the
violation by certified mail, return receipt requested.
If after an administrative hearing the Department finds that the owner or
operator of a livestock management facility or livestock waste handling
facility has committed a second violation of this Section, the
Department shall impose on the owner or operator a civil administrative penalty
in an
amount not exceeding $1,000.  The Attorney General may bring an action in the
circuit court to enforce the collection of a penalty imposed under this
Section.
If after an administrative hearing the Department finds that the owner or
operator of a livestock management facility or livestock waste handling
facility has committed a third violation of this Section, the
Department shall enter an administrative order directing that the owner or
operator
cease operation of the facility until the violation is corrected.
If a livestock management facility or livestock waste handling facility has
not committed a violation of this Section within the 5 years
immediately preceding a violation, the violation shall be construed and treated
as a first violation.
(Source: P.A. 90-565, eff. 6-1-98.)
(510 ILCS 77/17)
Sec. 17. 
		Financial responsibility. 
		Owners of new or modified lagoons
registered under the provisions of this Act shall establish and maintain
evidence of financial responsibility to provide for the closure of the lagoons
and the proper disposal of their contents within the time provisions outlined
in this Act.  Financial responsibility may be evidenced by any combination of
the following:
(1) Commercial or private insurance;
(2) Guarantee;
(3) Surety bond;
(4) Letter of credit;
(5) Certificate of Deposit or designated savings     account;
(6) Participation in a livestock waste lagoon closure     fund managed by the Illinois Finance Authority.
The level of surety required shall be determined by rule and be based upon
the volumetric capacity of the lagoon.   Surety instruments required under this
Section shall be required
after the effective date of rules adopted for the implementation of this Act.
(Source: P.A. 93-205, eff. 1-1-04.)
(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.)
(510 ILCS 77/20)
Sec. 20. 
		Handling, storing and disposing of livestock waste.
(a) The livestock management facility owner or operator shall comply
with the requirements for handling, storing, and disposing of livestock wastes
as set forth in the rules adopted pursuant to the Illinois Environmental
Protection Act concerning agriculture related pollution.
(b) The livestock management facility owner or operator at a facility of
less than 1,000 animal units shall not be required to prepare and maintain a
waste management plan.
(c) The livestock management facility owner or operator at a facility of
1,000 or greater animal units but less than 5,000 animal units
shall prepare
and maintain on file at the livestock management facility a general waste
management plan.  Notwithstanding this requirement, a livestock management
facility subject to this subsection may be operated on an interim basis but not
to exceed 6 months after the effective date of the rules promulgated pursuant
to this Act to allow for the owner or operator of the facility to develop a
waste management plan.  The waste management plan shall be available for
inspection during normal business hours by Department personnel.
(d) The livestock management facility owner or operator at a facility of
5,000 or greater animal units shall prepare, maintain, and submit to the
Department the waste management plan for approval.  Approval of the waste
management plan shall be predicated on compliance with provisions of subsection
(f).  The waste management plan shall be approved by the Department before
operation of the facility or in the case of an existing facility, the waste
management plan shall be submitted within 60 working days after the effective
date of the rules promulgated pursuant to this Act.
The owner or operator of an existing livestock management facility that
through growth meets or exceeds 5,000 animal units shall file its waste
management plan with the Department within 60 working days after reaching the
stated animal units.
The owner or operator of a livestock management facility that is subject to
this subsection (d) shall file within 60 working days with the Department a
revised waste management plan when there is a change as provided in subsection
(e) of this Section that will materially affect compliance with the waste
management plan.
(d-5) The owner or operator of multiple livestock management facilities
under common facility ownership where the cumulative animal units of the
facilities are equal to or greater than the animal unit numbers provided for in
subsection (c) of this Section shall prepare and keep on file at each facility
a waste management plan in accordance with the requirements of subsection (c).
The owner or operator of multiple livestock management facilities that are
under common facility ownership where the cumulative animal units of the
facilities are equal to or greater than the animal unit numbers provided for
in subsection (d) of this Section shall prepare and file with the Department a
waste management plan in accordance with the provisions of subsection (d).
Cumulative animal units shall be determined by combining the animal units of
multiple livestock management facilities under the common facility ownership
based upon the design capacity of each facility.  For the purposes of this
subsection (d-5), "under common facility ownership" means the same person or
persons own, directly or indirectly, through majority owned business entities
at least 51% of any person or persons (as defined by Section 10.55) that own or
operate the livestock management facility or livestock waste handling facility
located in the State of Illinois.
(e) The owner or operator of a livestock management facility shall update
the waste management plan when there is a change in values shown in the plan
under item (1) of subsection (f) of this Section.  The waste management plan
and records of livestock waste disposal shall be kept on file for three years.
(f) The application of livestock waste to the land is an acceptable,
recommended, and established practice in Illinois.  However, when livestock
waste is not applied in a responsible manner, it may create pollutional
problems.  It should be recognized that research relative to livestock waste
application based on livestock waste nutrient content is currently ongoing.
The Dean of the College of Agricultural, Consumer and Environmental Sciences
at the University of Illinois, or his or her designee, shall annually report
to the Advisory Committee on the status of phosphorus research, including
research that has been supported in whole or in part by the Illinois
Council on Food and Agricultural Research.  The Advisory Committee
may also consult with other appropriate research entities on the status of
phosphorus research.  It is considered acceptable to prepare and implement a
waste management plan based on a nitrogen rate, unless otherwise restricted by
this Section.  The waste management plan shall include the following:
(1) An estimate of the volume of livestock waste to     be disposed of annually, which shall be obtained by multiplying the design capacity of the facility by the appropriate amount of waste generated by the animals.  The values showing the amount of waste generated in Table 2-1, Midwest Plan Service's, MWPS-18, Livestock Waste Management Facilities Handbook or Design Criteria for the field application of livestock waste adopted by the Agency may be used.
(2) The number of acres available for disposal of the     waste, whether they are owned by the owner or operator of the livestock waste management facility or are shown to be contracted with another person or persons for disposal of waste.
(3) An estimate of the nutrient value of the waste.      The owner or operator may prepare a plan based on an average of the minimum and maximum numbers in the table values derived  from Midwest Plan Service's, MWPS-18, Livestock Waste Facilities Handbook, the Agency's Agriculture Related Pollution regulations, or the results of analysis performed on samples of waste.  For the purposes of compliance with this subsection, the nutrient values of livestock waste may vary as indicated in the source table.  In the case of laboratory analytical results, the nutrient values may vary with the accuracy of the analytical method.
(3.5) Results of the Bray P1 or Mehlich test for soil     phosphorus reported in pounds of elemental phosphorus per acre.  Soil samples shall be obtained and analyzed from the livestock waste application fields on land owned or under the control of the owner or operator where applications are planned.  Fields where livestock waste is applied shall be sampled every 3 years.  Sampling procedures, such as the number of samples and the depth of sampling, as outlined in the current edition of the Illinois Agronomy Handbook shall be followed when soil samples are obtained.
(3.6) If the average Bray P1 or Mehlich test result     for soil phosphorus calculated from samples obtained from the application field is 300 pounds or less of elemental phosphorus per acre, livestock waste may continue to be applied to that field in accordance with subsection (f) of this Section. If the average Bray P1 or Mehlich test result for soil phosphorus for an application field is greater than 300 pounds of elemental phosphorus per acre, the owner or operator shall apply livestock waste at the phosphorus rate to the field until the average Bray P1 or Mehlich test for soil phosphorus indicates there is less than 300 pounds of elemental phosphorus per acre.  Upon the development of a phosphorus index that is approved subject to the provisions established in Section 55 of this Act, the owner or operator shall use such index in lieu of the 300 pounds of elemental phosphorus per acre.
(4) An indication that the livestock waste will be     applied at rates not to exceed the agronomic nitrogen demand of the crops to be grown when averaged over a 5-year period.
(5) A provision that livestock waste applied within     1/4 mile of any residence not part of the facility shall be injected or incorporated on the day of application.  However, livestock management facilities and livestock waste handling facilities that have irrigation systems in operation prior to the effective date of this Act or existing facilities applying waste on frozen ground are not subject to the provisions of this item (5).
(6) A provision that livestock waste may not be     applied within 200 feet of surface water unless the water is upgrade or there is adequate diking, and waste will not be applied within 150 feet of potable water supply wells.
(7) A provision that livestock waste may not be     applied in a 10-year flood plain unless the injection or incorporation method of application is used.
(8) A provision that livestock waste may not be     applied in waterways.
(9) A provision that if waste is spread on frozen or     snow-covered land, the application will be limited to land areas on which:
(A) land slopes are 5% or less, or
(B) adequate erosion control practices exist.
(10) Methods for disposal of animal waste.
(g) Any person who is required to prepare and maintain a waste management
plan and who fails to do so shall be issued a warning letter by the Department
for the first violation and shall be given 30 working days to prepare a waste
management plan.  For failure to prepare and maintain a waste management plan,
the person shall be fined an administrative penalty of up to $1,000 by the
Department and shall
be required to enter into an agreement of compliance to prepare and maintain
a waste management plan within 30 working days. For failure to prepare and
maintain a waste management plan after the second 30 day period or for failure
to enter into a compliance agreement, the Department may issue an operational
cease and desist order until compliance is attained.
(Source: P.A. 91-110, eff. 7-13-99; 92-16, eff. 6-28-01.)
(510 ILCS 77/25)
Sec. 25. 
		Odor control.
(a) Operators of livestock waste handling facilities shall practice odor
control methods during the course of manure removal and field application.
Odor control methods shall be those methods identified in the rules adopted
pursuant to the Illinois Environmental Protection Act concerning agriculture
related pollution.
(b) Every single-stage livestock waste lagoon constructed after the
effective date of this amendatory Act of 1997 shall comply with the following
operational guidelines:
(1) In operation, the lagoon must be maintained at     not less than the minimum design volume.
(2) The livestock waste supply to the lagoon must be     below the minimum design volume level.
(3) The livestock waste storage capacity of the     lagoon must be greater than 270 days.
(c) Above-ground livestock waste holding structures must be operated
using odor control management guidelines based on
scientific peer review accepted
by the Department and determined to be economically feasible to the specific
operation.
(d) For a first violation of this Section by the
owner or operator of a livestock management facility or livestock waste
handling facility, the Department shall send the owner or operator a written
notice of the
violation by certified mail, return receipt requested.
If after an administrative hearing the Department finds that the owner or
operator of a livestock management facility or livestock waste handling
facility has committed a second violation of this Section, the
Department shall impose on the owner or operator a civil administrative penalty
in an
amount not exceeding $1,000.  The Attorney General may bring an action in the
circuit court to enforce the collection of a penalty imposed under this
Section.
If after an administrative hearing the Department finds that the owner or
operator of a livestock management facility or livestock waste handling
facility has committed a third violation of this Section, the
Department shall enter an administrative order directing that the owner or
operator
cease operation of the facility until the violation is corrected.
If a livestock management facility or livestock waste handling facility has
not committed a violation of this Section within the 5 years
immediately preceding a violation, the violation shall be construed and treated
as a first violation.
(Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
(510 ILCS 77/30)
Sec. 30. Certified Livestock Manager. The Department shall establish a Certified Livestock Manager program in
conjunction with the livestock industry that will enhance management skills in
critical areas, such as environmental awareness, safety concerns, odor control
techniques and technology, neighbor awareness, current best management
practices, and the developing and implementing of manure management plans.
(a) Applicability.
A livestock waste handling facility serving 300 or greater animal
units shall be operated only under the supervision of a certified livestock
manager. Notwithstanding the before-stated provision, a livestock waste
handling facility may be operated on an interim basis,
but not to exceed 6 months, to allow for the owner or operator of the facility
to become certified.
(b) A certification program shall include the following:
(1) A general working knowledge of best management     practices.
(2) A general working knowledge of livestock waste     handling practices and procedures.
(3) A general working knowledge of livestock     management operations and related safety issues.
(4) An awareness and understanding of the     responsibility of the owner or operator for all employees who may be involved with waste handling.
(c) Any certification issued shall be valid for 3 years and thereafter
be subject to renewal. A renewal shall be valid for a 3 year period and the
procedures set forth in this Section shall be followed.  The Department may
require anyone who is certified to be
recertified in less than 3 years for just cause including but not limited to
repeated complaints where investigations reveal the need to improve management
practices.
(d) Methods for obtaining certified livestock manager status.
(1) The owner or operator of a livestock waste     handling facility serving 300 or greater animal units but less than 1,000 animal units shall become a certified livestock manager by:
(A) attending a training session conducted by the         Department of Agriculture, Cooperative Extension Service, or any agriculture association, which has been approved by or is in cooperation with the Department; or
(B) in lieu of attendance at a training session,         successfully completing a written competency examination.
(2) The owner or operator of a livestock waste     handling facility serving 1,000 or greater animal units shall become a certified livestock manager by attending a training session conducted by the Department of Agriculture, Cooperative Extension Service, or any agriculture association, which has been approved by or is in cooperation with the Department and successfully completing a written competency examination.
(e) The certified livestock manager certificate shall be issued by the
Department and shall indicate that the person named on the certificate is
certified as a livestock management facility manager, the dates of
certification, and when renewal is due.
(f) For the years prior to 2011, the Department shall charge $10 for the issuance or renewal of a
certified
livestock manager certificate.
For the years 2011 and thereafter, the Department shall charge $30 for the issuance or renewal of a certified livestock manager certificate. The Department may, by rule, establish fees to cover the costs of materials and
training for training sessions given by the Department.
(g) The owner or operator of a livestock waste handling facility operating
in violation of the provisions of subsection
(a) of this Section shall be issued a warning letter for the first violation
and
shall be required to have a certified manager for the livestock waste handling
facility within 30 working days.  For failure to comply with the warning
letter within the 30 day period, the person shall
be fined an administrative penalty of up to
$1,000 by the Department and shall be required to enter into an
agreement to have
a certified manager for the livestock waste handling facility within 30 working
days.  For continued failure to comply, the Department may issue an
operational
cease and desist order until compliance is attained.
(Source: P.A. 100-201, eff. 8-18-17.)
(510 ILCS 77/35)
Sec. 35. 
		
		Setbacks for livestock management and livestock handling
facilities.
(a) Grandfather provision; facilities in existence prior to July 15, 1991.
Livestock management facilities and livestock waste handling
facilities in existence prior to July 15, 1991 shall comply with
setbacks in existence prior to July 15, 1991, as set forth in the Illinois
Environmental Protection Act and rules promulgated under that Act.
(b) Grandfather provision; facilities in existence on effective date and
after July 15, 1991.  Livestock management facilities and livestock waste
handling facilities in existence on the effective date of this Act but after
July 15, 1991 shall comply with setbacks in existence prior to the effective
date of
this Act, as set forth in the Illinois Environmental Protection Act and rules
promulgated under that Act.
(c) New livestock management or livestock waste handling facilities.
Any new facility shall comply with the following setbacks:
(1) For purposes of determining setback distances,     minimum distances shall be measured from the nearest corner of the residence or place of common assembly to the nearest corner of the earthen waste lagoon or livestock management facility, whichever is closer.
(2) A livestock management facility or livestock     waste handling facility serving less than 50 animal units shall be exempt from setback distances as set forth in this Act but shall be subject to rules promulgated under the Illinois Environmental Protection Act.
(3) For a livestock management facility or waste     handling facility serving 50 or greater but less than 1,000 animal units, the minimum setback distance shall be 1/4 mile from the nearest occupied residence and 1/2 mile from the nearest populated area.
(4) For a livestock management facility or livestock     waste handling facility serving 1,000 or greater but less than 7,000 animal units, the setback is as follows:
(A) For a populated area, the minimum setback         shall be increased 440 feet over the minimum setback of 1/2 mile for each additional 1,000 animal units over 1,000 animal units.
(B) For any occupied residence, the minimum         setback shall be increased 220 feet over the minimum setback of 1/4 mile for each additional 1,000 animal units over 1,000 animal units.
(5) For a livestock management facility or livestock     waste handling facility serving 7,000 or greater animal units, the setback is as follows:
(A) For a populated area, the minimum setback         shall be 1 mile.
(B) For any occupied residence, the minimum         setback shall be 1/2 mile.
(d) Requirements governing the location of a new livestock management
facility and new livestock waste-handling facility and conditions for
exemptions or compliance with the maximum feasible location as provided in
rules adopted pursuant to the Illinois Environmental Protection Act concerning
agriculture regulated pollution shall apply to those facilities identified in
subsections (b) and (c) of this Section.  With regard to the maximum feasible
location requirements, any reference to a setback distance in the rules
under the Illinois Environmental Protection Act shall mean the appropriate
distance as
set forth in this Section.
(e) Setback category shall be determined by the design capacity in animal
units of the livestock management
facility.
(f) Setbacks may be decreased when innovative designs as approved by the
Department are incorporated into the facility.
(g) A setback may be decreased when waivers are obtained from owners of
residences that are occupied and located in the setback area.
(Source: P.A. 91-110, eff. 7-13-99.)
(510 ILCS 77/40)
Sec. 40. 
		Environmental research. 
		Environmental research is critical to a livestock producer's ability to
implement sound, integrated management systems that will enhance industry
profitability and protect the environment.
The Department of Agriculture shall annually request appropriations to fund
environmental research projects pertinent to livestock management facilities.
Projects may include both university research and on-farm applied research.
Priorities should be given to the following:
(1) Determination of the contribution of soil applied livestock nutrient
volatilization, leaching or storage in the soil and methods of application.
(2) Integrated systems that maintain and enhance water quality.
(3) Odor reduction and control through chemical, biological, or mechanical
means.
(4) Environmental quality in livestock facilities affecting owner, operator,
and employee health.
(5) Environmental quality that could affect residents who live adjacent to
livestock facilities.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/45)
Sec. 45. 
		Tax abatement on environmental equipment. 
		The Department in cooperation with the Agency and the Department of Revenue
shall recommend to the General Assembly incentive programs that will
provide for the abatement of state income tax or real estate tax on capital
expenditures made by the facility owner for purchasing equipment that will
mitigate air and water quality problems.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/50)
Sec. 50. 
		Intergovernmental cooperation. 
		The Department shall consult and advise owners and operators of livestock
management facilities serving 7,000 or greater animal units of applicable laws
and rules relating to environmental laws and rules, the Water Use Act of 1983,
and local road standards.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/55)
Sec. 55. 
		Rules; Livestock Management Facilities Advisory Committee.
(a) There is hereby established a Livestock Management Facilities Advisory
Committee, which shall include the Directors of the Department of Agriculture,
the Environmental Protection Agency, the Department of Natural Resources, and
the Department of Public Health, or their designees.   The Director of
Agriculture or his or her designee shall serve as the Chair of the Advisory
Committee.  Members of the
Advisory Committee may organize themselves as they deem necessary and shall
serve without compensation.
(b) The Advisory Committee shall review, evaluate, and make recommendations
to the Department of Agriculture for rules necessary for the
implementation of this Act.  Based upon the recommendations of the Advisory
Committee, the Department of Agriculture shall: (i) propose rules to the Pollution Control Board for
the implementation of
design and construction standards for livestock
waste handling facilities as set forth in Sections 13 and 15(a-5) of
this Act
based upon
the standards set forth in the American Society of Agricultural Engineers'
Standards,
Engineering Practices and Data (ASAE Standards) and future updates,  Midwest
Plan
Service's Concrete Manure Storage Handbook (MWPS-36) and future updates and
related supplemental technical documents, the Midwest Plan Service's Livestock
Waste Facilities Handbook (MWPS-18) and future updates and related supplemental
technical documents or similar standards used by the Natural Resources
Conservation
Service of the United States Department of Agriculture; and (ii) on
and after the
effective date of this amendatory Act of 1999, provide public notice in
the State
newspaper, the Illinois Register, and on the Department's Internet website;
hold
public
hearings during the first notice period; and take public comments and adopt
rules
pursuant
to the Illinois Administrative Procedure Act for all Sections of this Act other
than
design and construction standards for livestock waste handling facility as set
forth in
Sections 13 and 15(a-5).
(c) The
Pollution Control Board shall hold hearings on and adopt rules
for
the implementation of
design and construction standards for livestock waste handling facilities
as set forth in Sections 13 and 15(a-5) of this Act in the manner
provided for in Sections 27 and 28
of the Environmental Protection Act.  Rules adopted pursuant to this Section
shall take into account all available pollution control technologies
and shall be
technologically feasible and economically reasonable.
(d) The Advisory Committee shall meet once every 6 months after the
effective date of this amendatory Act of 1997 to review, evaluate, and make
recommendations to the Department of Agriculture concerning the Department's
random inspection of livestock waste lagoons under Section 16 of this Act.
(Source: P.A. 90-565, eff. 6-1-98; 91-110, eff. 7-13-99.)
(510 ILCS 77/60)
Sec. 60. 
		The Livestock Management Facilities Fund. 
		The Livestock
Management Facilities Fund is created as a special fund in the State treasury.
All fees and fines collected under this Act shall be deposited into this Fund.
These moneys shall be appropriated to the Department for the purposes of this
Act.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/100)
Sec. 100. 
		
		Nothing in this Act shall be construed as a limitation or
preemption of any statutory or regulatory authority
under the Illinois Environmental Protection
Act.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/105)
Sec. 105. 
		Severability. 
		The provisions of this Act are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/200)
Sec. 200. 
		(Amendatory provisions; text omitted).
(Source: P.A. 89-456, eff. 5-21-96; text omitted.)
(510 ILCS 77/999)
Sec. 999. 
		Effective date. 
		This Act takes effect upon becoming law.
(Source: P.A. 89-456, eff. 5-21-96.)