Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart A - GENERAL PROVISIONS › Section 900.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated in this Section, or unless a different
				  meaning of a word or term is clear from the context, the definition of words or
				  terms in this Part shall be the same as that applied to the same words or terms
				  in the Environmental Protection Act [415 ILCS 5 ] or the Livestock Management
				  Facilities Act [510 ILCS 77 ]. For the purposes of this Part, the terms
				  included in this Section shall have the following meanings:
"Agency" means the Illinois Environmental Protection Agency.
				  [510 ILCS 77/10.5 ]
"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. [510 ILCS
				  77/10.7 ]
"Animal unit" means a unit of measurement for any animal
				  feeding operation calculated as follows:
Brood cows and slaughter and feeder cattle multiplied by
				  1.0.
Milking dairy cows multiplied by 1.4.
Young dairy stock multiplied by 0.6.
Swine weighing over 55 pounds multiplied by 0.4.
Swine weighing under 55 pounds multiplied by 0.03.
Sheep, lambs, or goats multiplied by 0.1.
Horses multiplied by 2.0.
Turkeys multiplied by 0.02.
Laying hens or broilers multiplied by 0.005.
Laying hens or broilers multiplied by 0.01 (if the facility
				  has continuous overflow watering).
Laying hens or broilers multiplied by 0.03 (if the facility
				  has a liquid manure handling system).
Ducks multiplied by 0.02. [510 ILCS
				  77/10.10 ]
For species of animals in an animal feeding operation not
				  specifically listed in this definition, the animal unit factor shall be
				  determined by dividing the average mature animal weight by 1,000. The average
				  mature animal weight shall be determined by the Department with guidance from
				  the University of Illinois Cooperative Extension Service.
"Aquifer material" means sandstone that is five feet or more
				  in thickness, or fractured carbonate that is ten feet or more in thickness; or,
				  sand, gravel, or sand and gravel, as defined in this Section, such that there
				  is at least two feet present within any five foot section of a soil boring
				  performed in accordance with Subpart B or Subpart C of 35 Ill. Adm. Code
				  506.
"Certified livestock manager" means a person that has been
				  duly certified by the Department as an operator of a livestock waste handling
				  facility. [510 ILCS
				  77/10.15 ]
"Department" means the Illinois Department of Agriculture.
				  [510 ILCS 77/10.20
				  ]
"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.
				  [510 ILCS 77/10.23
				  ]
"Flood fringe" means that portion of the floodplain outside
				  the floodway.
"Floodplain" means that land adjacent to a body of water with
				  ground surface elevations at or below the 100-year frequency flood
				  elevation.
"Floodway", for the six counties including Cook, DuPage,
				  Kane, Lake, McHenry and Will, means the channel and that portion of the
				  floodplain adjacent to a stream or watercourse as designated by the Illinois
				  Department of Natural Resources pursuant to Section 18g of the Rivers, Lakes,
				  and Streams Act [615 ILCS 5/18g ], which is
				  needed to store and convey the anticipated future 100-year frequency flood
				  discharge with no more than a 0.1 foot increase in stage due to the loss of
				  flood conveyance or storage, and no more than a 10% increase in velocities.
				  [615 ILCS
				  5/18g(d)(1) ] For the remaining 96
				  counties, "Floodway" means the channel of a river, lake or stream and that
				  portion of the adjacent land area that is needed to safely store and convey
				  flood waters. Where floodways have been delineated for regulatory purposes, the
				  mapped lines show the floodway encroachment limits and will be used. For other
				  areas, floodway limits will be estimated, using hydrologic and hydraulic
				  calculations, to preserve adequate conveyance and storage so that stage
				  increases for the 100-year frequency flood would not exceed 0.1 foot.
"Gravel" or "Sand and gravel" means unconsolidated materials
				  that contain a matrix (particles of two millimeters or less) that is consistent
				  with the definition of "sand" and particles larger than two millimeters in
				  size.
"Inhabited residence" means an occupied residence.
"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.
				  [510 ILCS 77/10.24
				  ]
"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.
				  [510 ILCS
				  77/10.26 ]
"Lagoon" or "Earthen livestock waste 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. [510 ILCS
				  77/10.25 ]
"Licensed professional engineer" means a person, corporation
				  or partnership licensed under the laws of the State of Illinois to practice
				  professional engineering. [415 ILCS
				  5/57.2 ]
"Licensed professional geologist" means an individual who is
				  licensed under the laws of the State of Illinois to engage in the practice of
				  professional geology in Illinois. [225
				  ILCS 745/15 ]
"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 ¼ mile, and
				  that share a common livestock waste handling facility shall be considered a
				  single livestock management facility. Livestock management facilities at
				  educational institutions, livestock pasture operations, facilities 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 the Livestock Management Facilities Act
				  or the requirements of this Part. [510 ILCS
				  77/10.30 ]
"Livestock shelter" means any covered structure, including
				  but not limited to livestock houses or barns, in which livestock are enclosed
				  at any time.
"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. [510 ILCS 77/10.35
				  ]
"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 ¼ mile shall be considered a single
				  livestock waste handling facility. [510 ILCS
				  77/10.40 ] Livestock waste handling facilities at
				  educational institutions, livestock pasture operations, facilities 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 the Livestock Management Facilities Act
				  or the requirements of this Part.
"Maintained" means, with reference to a lagoon, that the
				  lagoon is inspected (including but not limited to inspection for burrow holes,
				  trees and woody vegetation, proper freeboard, erosion, settling of berm, berm
				  top integrity, leaks, and seepage) and preventive action is taken as necessary
				  to assure the integrity of the lagoon and its berm and associated
				  appurtenances.
"Modified" means structural changes to a lagoon that increase
				  its volumetric capacity. [510 ILCS
				  77/10.43 ]
"New facility" means a livestock management facility or a
				  livestock waste handling facility the construction or expansion of which is
				  commenced on or after May 21, 1996 (the effective date of the Livestock
				  Management Facilities 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 the Livestock Management Facilities Act.
				  [510 ILCS 77/10.45 ]
				  For facilities that have ceased operation on or after July 13, 1999,
				  commencement of operations at a facility that has livestock shelters left
				  intact and that has completed the requirements imposed under Section 13(k) of
				  the Livestock Management Facilities Act [510
				  ILCS 77/13(k) ] and Section
				  900.508 of
				  this Part and that has been operated as a livestock management 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.
				  [510
				  ILCS 77/13(k) ] For facilities that
				  have ceased operation prior to July 13, 1999, commencement of operations at a
				  facility that has livestock shelters left intact 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.
"Non-farm residence" means any residence which is not a farm
				  residence. [510 ILCS
				  77/10.47 ]
"Occupied residence" means a house or other type of shelter
				  that is intended or used for human occupancy and has been occupied by humans
				  for more than a total of six months in the last two years at that location. For
				  the purposes of this definition, "intended or used for human occupancy" means
				  running water and sanitation are provided within the residence.
"Owner or operator" means any person who owns, leases,
				  controls, or supervises a livestock management facility or livestock
				  waste-handling facility. [510 ILCS
				  77/10.50 ]
"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. [510 ILCS
				  77/10.55 ]
"Placed in service" means the placement of livestock waste in
				  a livestock waste handling facility upon the completion of construction or
				  modification in accordance with the requirements of this Part.
"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. [510 ILCS 77/10.60
				  ] The existence of a populated area shall be determined by identifying the area
				  around the livestock management or livestock waste handling facility delineated
				  by a distance equal to the applicable setback distance and identifying the
				  number of residences or the existence of a non-farm business or the existence
				  of a common place of assembly within that area. For the purpose of setback
				  requirements, common places of assembly or non-farm businesses include but are
				  not limited to churches, hospitals, schools, day care centers, manufacturing
				  companies, land managed for recreational or conservation purposes, museums,
				  camps, parks, retail and wholesale facilities, and shopping centers. A common
				  place of assembly or a non-farm business includes places that operate less than
				  52 weeks per year, such as schools with seasonal vacation periods and
				  businesses or other places which experience seasonal shutdowns, and parks,
				  camps, and recreational areas which experience seasonal shutdowns or reduced
				  attendance during a portion of the calendar year, provided that such places are
				  frequented by at least 50 persons at least once per week during the portions of
				  the year when seasonal shutdowns or reductions in attendance do not
				  occur.
"Residence" means a house or other structure, including all
				  attachments to the house or structure, which is used as a place of human
				  habitation.
"Sand" means unconsolidated materials, where 70% or more of
				  the particles are of size 0.06 millimeters to 2.00 millimeters, and which
				  according to the USDA soil texture classification scheme includes soil textures
				  of sand and loamy sand and portions of sandy loam and sandy clay loam.
"Serviced" means, with reference to a lagoon, that corrective
				  action is taken as necessary to assure the integrity of the lagoon and its berm
				  and associated appurtenances, including but not limited to removal or repair of
				  burrow holes, trees and woody vegetation, freeboard level, erosion, settling of
				  berm, berm top maintenance, leaks, and seepage.