reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart C - PERMIT ISSUANCE AND CONDITIONS › Section 502.301 - Standards for Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must not grant any NPDES permit unless the
				  applicant submits proof that the subject facility:
a) Will be constructed, modified, or operated
				so as not to violate the Act or applicable Board rules or the Federal Water
				Pollution Control Act (CWA) (12 U.S.C. 24), or has been granted
				a variance under Title IX of the Act; and
b) Either conforms to the design criteria the
				Agency promulgates under Section
				502.305 or is based on other
				criteria which the applicant proves will produce consistently satisfactory
				results.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart C - PERMIT ISSUANCE AND CONDITIONS › Section 502.303 - New Source Standards

Current through Register Vol. 48, No. 28, July 12, 2024
Despite any other provision of this Subtitle, if a point
				  source started construction after the enactment date of the CWA and was
				  constructed to meet the applicable federal "standard of performance" defined in
				  Section 306 of the CWA, the point source is not subject to any more stringent
				  federal "standard of performance" during a ten-year period beginning on the
				  date the construction is completed or during the depreciation or amortization
				  period of the facility for Section 167 or 169 (or both) of the Internal Revenue
				  Code of 1954, whichever period ends first (26 U.S.C. 167 and
				  169).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart C - PERMIT ISSUANCE AND CONDITIONS › Section 502.304 - Issuance and Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) 35 Ill.
				Adm. Code 309: Subpart A applies to the issuance, conditions, and modification
				of NPDES permits under this Chapter in the same manner as those provisions
				apply to NPDES permits issued under 35 Ill. Adm. Code 309. Specific provisions
				applicable to CAFOs seeking coverage under NPDES general permits are found in
				Section 502.310.
b) In addition to specific conditions
				authorized under this Part, the Agency may impose conditions in any permit
				issued under this Part as may be necessary to accomplish the purposes of the
				Act or Board rules.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart C - PERMIT ISSUANCE AND CONDITIONS › Section 502.305 - Agency Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless
				otherwise provided for by Board rules, the Agency may adopt procedures that
				state criteria for the design and maintenance of facilities subject to this
				chapter. These procedures must be revised from time to time to reflect current
				engineering judgment and advances in the state of the art.
b) Before adopting new criteria or making
				substantive changes in any criteria the Agency adopts, the Agency must publish
				a summary of the proposed changes in the Environmental Register and, at the
				Agency's expense, in a widely circulated agricultural periodical.
c) In adopting new or revised criteria, the
				Agency must comply with the Illinois Administrative Procedure Act
				[5 ILCS
				100 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart C - PERMIT ISSUANCE AND CONDITIONS › Section 502.310 - CAFOs Seeking Coverage Under NPDES General Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) CAFO owners or operators must submit a
				notice of intent that meets the requirements of Section
				502.201 and Subpart E when
				seeking authorization to discharge under a general permit.
b) When additional information is necessary
				to complete the notice of intent or to clarify, modify, or supplement
				previously submitted material, the Agency may request that information from the
				owner or operator as provided in 35 Ill. Adm. Code
				309.106.
c) The Agency must notify the public of its
				proposal to grant coverage under the general permit to the CAFO. This public
				notice must include the CAFO's nutrient management plan.
d) The process for submitting public comments
				and hearing requests, and the hearing process if a request for a hearing is
				granted, will follow the procedures applicable to draft individual permits
				found in 35 Ill. Adm. Code
				309.109(b) and
				309.115 through
				309.118.
e) The time period for the public to comment
				and request a hearing is 30 days following the date of the notice issued under
				subsection (c).
f) When a public
				hearing is held, the Agency must respond to significant comments received
				during the comment period as provided in 35 Ill. Adm. Code
				309.119 and
				309.120, except that notice and
				transmission to the USEPA Regional Administrator is not required. If no hearing
				is held, the Agency must follow the procedures in 35 Ill. Adm. Code
				309.112 and
				309.120 for Agency action after
				the comment period. The Agency must require the CAFO owner or operator to
				revise the nutrient management plan if necessary to be granted permit
				coverage.
g) When the Agency
				authorizes coverage for the CAFO owner or operator under the general permit,
				the terms of the nutrient management plan must become incorporated as terms and
				conditions of the permit for the CAFO. Incorporating terms and conditions does
				not require a modification of the general permit.
h) The Agency must notify the CAFO owner or
				operator and inform the public that coverage has been authorized and of the
				terms of the nutrient management plan, incorporated as terms and conditions of
				the permit applicable to the CAFO.
i) Nothing in this Section limits the
				Agency's authority to require an individual NPDES permit under Section 39(b) of
				the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart C - PERMIT ISSUANCE AND CONDITIONS › Section 502.315 - CAFO Permit Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
NPDES permits issued to CAFOs under this Part must
				  include:
a) Requirements to implement
				a nutrient management plan that meets Subpart E.
b) Requirements for the permittee to create a
				complete copy of the records required in Section
				502.320, maintain the records
				on-site for five years from creation, and make the records available to the
				Agency upon request.
c) Annual
				reporting requirements for permitted CAFOs. The permittee must submit an annual
				report to the Agency. The annual report must include the information specified
				in Section 502.325.
d) Requirements to comply with the livestock
				waste discharge limitations in Subparts F, G, and H, if applicable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart C - PERMIT ISSUANCE AND CONDITIONS › Section 502.325 - Annual Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) The NPDES
				permit must specify annual reporting requirements for the CAFO. The annual
				report must be submitted to the Agency.
b) The annual report must contain the
				following minimum elements:
1) Maximum number
				and type of animals, whether in open confinement or housed under roof by the
				following types: beef cattle, broilers, layers, swine weighing 55 pounds or
				more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers,
				veal calves, sheep and lambs, horses, turkeys, ducks, other;
2) Quantity of livestock waste the facility
				generated in the previous 12 months (tons/gallons);
3) Quantity of livestock waste the facility
				transferred to another person in the previous 12 months (in tons or
				gallons);
4) Total acreage of land
				application area the nutrient management plan covers;
5) Total acreage the CAFO used for land
				application of livestock waste in the previous 12 months and that was under the
				control of the CAFO through ownership, lease, or consent agreement;
6) A statement indicating whether the current
				version of the CAFO's nutrient management plan for land application of
				livestock waste was developed or approved by a certified nutrient management
				planner and by who issued the certificate;
7) Summary of all livestock waste discharges
				from the production area that have occurred in the previous 12 months,
				including date, time, and approximate volume;
8) A report of instances of noncompliance
				with the NPDES permit in the previous 12 months;
9) The actual crops planted and actual yields
				for each field;
10) The actual
				nitrogen and phosphorus content of the livestock waste;
11) The results of calculations conducted
				under Section 502.515(d)(3) and
				(e)(3);
12) The amount of livestock waste land
				applied to each field during the previous 12 months;
13) For any CAFO that implements a nutrient
				management plan that addresses application rates under Section
				502.515(e):
A) the results of any soil testing for
				nitrogen and phosphorus taken during the preceding 12 months;
B) data used to calculate under Section
				502.515(e)(3),
				and
C) the amount of any
				supplemental fertilizer applied during the previous 12 months; and
14) Annual review of the nutrient
				management practices to be implemented and an update of the nutrient management
				plan when the nutrient management practices change.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart D - APPEAL AND ENFORCEMENT › Section 502.401 - Appeals from Conditions in Permits

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant may consider any condition the Agency imposes in
				  a permit as the Agency refusing to grant a permit. An applicant or others who
				  have been a party or participant at an Agency hearing are entitled to appeal
				  the Agency's decision to the Board under Section 40 of the Act, 35 Ill. Adm.
				  Code 105 and 35 Ill. Adm. Code: Subtitle C, Chapter I.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart D - APPEAL AND ENFORCEMENT › Section 502.402 - Defenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Issuing or
				possessing a permit does not allow the permittee to violate the Act or Board
				rules and is not a defense to a violation other than an alleged violation for
				construction or operation without a permit.
b) Compliance with an NPDES permit must be
				considered compliance for purposes of Sections 42, 43, and 44 of the Act
				(Penalties), with the Act and applicable rules, to the extent that compliance
				would be a defense to enforcement action under the CWA.
c) Except for federally-imposed requirements
				for NPDES permits, complying with the rules the Board promulgates under the Act
				will be a prima facie defense to any action, legal, equitable, or criminal, or
				an administrative proceeding for a violation of the Act, brought by any
				person.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart D - APPEAL AND ENFORCEMENT › Section 502.403 - Modification or Termination of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Board may, after petition and opportunity for hearing
				  under the Act and its procedural rules in 35 Ill. Adm. Code 101 through 130,
				  terminate any permit or modify it in any manner that is consistent with the Act
				  and applicable Board rules or federal requirements upon proof of cause,
				  including the following:
a) Violating
				any condition of the permit;
b)
				Obtaining a permit by misrepresentation or failure to disclose fully all
				relevant facts; or
c) Change in any
				condition that requires either a temporary or permanent reduction or
				elimination of the permitted discharge.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart E - REQUIREMENTS FOR DEVELOPING AND IMPLEMENTING NUTRIENT MANAGEMENT PLANS › Section 502.500 - Purpose, Scope, and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements in this Subpart are intended to minimize the
				  transportation of nitrogen and phosphorus into the waters of the United States
				  to comply with the nutrient management plan.
a) The requirements in this Subpart apply to
				CAFOs required to obtain an NPDES permit. Unpermitted large CAFOs claiming an
				agricultural stormwater exemption under Section
				502.102 are not required to have
				a nutrient management plan but must comply with the requirements listed in
				Section 502.510(b) to
				qualify for the exemption.
b) The
				CAFO owner or operator must develop, submit, and implement a site-specific
				nutrient management plan. This plan must specifically identify and describe
				practices that will be implemented to assure compliance with this Subpart and
				the livestock waste discharge limitations and technical standards of Subparts
				F, G, and H.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart E - REQUIREMENTS FOR DEVELOPING AND IMPLEMENTING NUTRIENT MANAGEMENT PLANS › Section 502.505 - Nutrient Management Plan Information

Current through Register Vol. 48, No. 28, July 12, 2024
The nutrient management plan must include the following
				  items:
a) Name, address, and phone
				number of the CAFO owners;
b) Name,
				address, and phone number of the managers or operators if different than the
				owners;
c) Address, phone number,
				and plat location of the CAFO production area;
d) Name of the person who developed the
				nutrient management plan and a statement indicating whether it was developed or
				approved by a certified nutrient management planner and by whom the
				certification was issued;
e) Type
				of waste storage for the CAFO;
f)
				Species, size, and maximum number of animals at the CAFO;
g) Scaled aerial photos or maps depicting
				each field available and intended for livestock waste applications with
				available acreage listed and indicating residences, non-farm businesses, common
				places of assembly, streams, wells, waterways, lakes, ponds, rivers, drainage
				ditches, subsurface drainage systems, other water sources, 10-year flood plain,
				buffers, slope, locations of structural Best Management Practices, setbacks and
				areas restricted from application by this Subpart E;
h) For land application areas the owner or
				operator of the CAFO does not own or rent, copies of the consent statement
				between the livestock facilities' owner or operator and the landowner where
				livestock waste will be applied;
i)
				Cropping schedule for each field for the past year, anticipated crops for the
				current year, and anticipated crops for the five-year term of the
				permit;
j) Realistic crop yield
				goal for each crop in each field;
k) An estimate of the livestock waste's
				nutrient value or the analysis results determined under Section
				502.625(c);
l) Livestock waste application
				methods;
m) Results of the Bray P1
				or Mehlich 3 test for soil phosphorus, conducted according to Recommended
				Chemical Soil Test Procedures for the North Central Region, incorporated by
				reference in 35 Ill. Adm. Code
				501.200, reported in pounds of
				elemental phosphorus per acre. If the livestock waste is to be land applied
				based on a single-year or multi-year phosphorus application on the land
				application area, the following items must be provided:
1) An estimate of the volume of livestock
				waste to be disposed of annually;
2) The phosphorus content of the livestock
				waste;
3) The phosphorus amount
				needed for each crop in the planned crop rotation, expressed as pounds of
				P205 per acre, obtained from the
				Illinois Agronomy Handbook, 24th Edition,
				incorporated by reference at 35 Ill. Adm. Code 501.200; and
4) The maximum livestock waste application
				rate based on phosphorus for each field, determined under Section
				502.625(g).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart E - REQUIREMENTS FOR DEVELOPING AND IMPLEMENTING NUTRIENT MANAGEMENT PLANS › Section 502.515 - Terms of Nutrient Management Plan

Current through Register Vol. 48, No. 28, July 12, 2024
Any permit issued to a CAFO must require compliance with the
				  terms of the CAFO's site-specific nutrient management plan. These terms
				  include:
a) The terms of the nutrient
				management plan are the information, protocols, best management practices, and
				other conditions in the nutrient management plan the Agency determines are
				necessary to meet Sections
				502.505 and
				502.510.
b) The terms of the nutrient management plan,
				regarding protocols for land application of livestock waste as required by
				Subpart F, must include:
1) the fields
				available for land application;
2)
				field-specific rates of application properly developed under subsection (d) or
				(e) to ensure appropriate agricultural utilization of the nutrients in the
				livestock waste; and
3) any timing
				limitations identified in the nutrient management plan concerning land
				application on the fields available for land application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart E - REQUIREMENTS FOR DEVELOPING AND IMPLEMENTING NUTRIENT MANAGEMENT PLANS › Section 502.520 - Changes to the Nutrient Management Plan

Current through Register Vol. 48, No. 28, July 12, 2024
When a CAFO owner or operator makes changes to the CAFO's
				  nutrient management plan previously submitted to the Agency, the procedures in
				  this Section are applicable.
a) The
				CAFO owner or operator must identify changes to the nutrient management plan,
				except that the results calculated under Sections
				502.515(d)(3) and
				(e)(3) are not subject to this Section. These
				calculations may be revised without submittal to the Agency if the calculation
				revisions do not change the terms of the nutrient management plan.
b) The Agency must determine whether the
				changes to the nutrient management plan necessitate revising the terms of the
				nutrient management plan incorporated into the permit issued to the CAFO.
1) If revising the terms of the nutrient
				management plan is not necessary, the Agency must notify the CAFO owner or
				operator and, upon that notification, the CAFO may implement the revised
				nutrient management plan.
2) If
				revising the terms of the nutrient management plan is necessary, the Agency
				must determine whether the changes are substantial changes as described in
				subsection (d).
3) If the Agency
				determines that the changes to the terms of the nutrient management plan are
				not substantial, the Agency must notify the owner or operator and inform the
				public of any changes to the terms of the nutrient management plan that are
				incorporated into the permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart F - LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS › Section 502.600 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart
				provides livestock waste discharge limitations and technical standards for
				permitted CAFOs. Permitted CAFOs must achieve the livestock waste discharge
				limitations and technical standards in this Subpart by the permit coverage
				date. This Subpart does not apply to CAFOs that stable or confine horses,
				sheep, or ducks. CAFOs that stable or confine horses or sheep are subject to
				applicable production area livestock waste discharge limitations and technical
				standards found in Section
				502.720. CAFOs that confine
				ducks in either a dry lot or wet lot are subject to applicable production area
				livestock waste discharge limitations and technical standards found in Section
				502.730.
b) Unpermitted Large CAFOs claiming an
				agricultural stormwater exemption under Section
				502.102 are not required to have
				a nutrient management plan but must comply with the requirements listed in
				Section 502.510(b) to
				qualify for the exemption.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart F - LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS › Section 502.605 - Livestock Waste Discharge Limitations for the Production Area for Permitted CAFOs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided in subsections (a)(1), (a)(2), and (c), there must be no livestock
				waste discharge into the waters of the United States from the CAFO production
				area. Whenever precipitation causes an overflow of livestock wastes from the
				containment or storage structure, livestock wastes in the overflow may be
				discharged into the waters of the United States if:
1) The production area is designed,
				constructed, operated, and maintained to contain all livestock wastes,
				including the runoff and the direct precipitation from a 25-year, 24-hour
				precipitation event, except that, for swine, poultry, or veal, large CAFOs that
				are new sources must comply with Subpart H, and
2) The production area is operated in
				accordance with the additional measures and records required by Section
				502.610.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart F - LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS › Section 502.610 - Additional Measures for CAFO Production Areas

Current through Register Vol. 48, No. 28, July 12, 2024
Each CAFO subject to this Subpart must implement the
				  following:
a) The CAFO owner or
				operator must at all times properly operate and maintain all structural and
				operational aspects of the facilities, including all systems for livestock
				waste treatment, storage, management, monitoring, and testing.
b) Livestock within a CAFO production area
				must not come into contact with the waters of the United States.
c) Visual Inspections
.
There
				must be routine visual inspections of the CAFO production area, including the
				following:
1) Inspecting weekly all stormwater
				diversion devices, runoff diversion structures, and devices channeling
				contaminated stormwater to the wastewater and manure storage and containment
				structure;
2) Inspecting water
				lines daily in the production areas, including drinking water or cooling water
				lines; and
3) Inspecting livestock
				waste storage facilities weekly. The inspection will note the total volume of
				materials in the liquid livestock waste storage facility using the depth marker
				required in subsection (d).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart F - LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS › Section 502.615 - Nutrient Transport Potential

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Field Assessment. An individual field assessment of the potential for nitrogen
				and phosphorus transport from the field to surface waters must be conducted and
				the results contained in the nutrient management plan. The following factors
				must be identified for each field to determine nitrogen and phosphorus
				transport potential to the waters of the United States.
1) Soil type;
2) Slope;
3) Conservation practices;
4) Soil erodibility or potential for soil
				erosion;
5) Soil test
				phosphorus;
6) Tile inlet
				locations;
7) Distance to surface
				waters;
8) Proximity to
				wells;
9) Location of conduits to
				surface water, including preferential flow paths; and
10) Subsurface drainage tiles.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart F - LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS › Section 502.620 - Protocols to Land Apply Livestock Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a) Livestock wastes must not be applied to
				the waters of the United States. Livestock waste application must not cause
				runoff into the waters of the United States during non-precipitation events.
				Livestock waste application must not occur on land that is saturated at the
				time of application. Livestock waste must not be applied onto land with ponded
				water.
b) Discharge of livestock
				waste to waters of the United States or off-site during dry weather through
				subsurface drains is prohibited.
c)
				Livestock waste must not be applied during precipitation when runoff of
				livestock waste will be produced.
d) Surface land application of livestock
				waste must not occur within 24 hours preceding a precipitation forecast of
				0.5 inches or more in a 24-hour
				period as measured in liquid form. The CAFO owner or operator must use one of
				the following two methods for determining whether these conditions exist and
				must maintain a record of the forecast from the source used.
1) A prediction of a 60 percent or greater
				chance of 0.5 inches or more of
				precipitation in a 24-hour period as measured in liquid form, obtained from the
				National Weather Service's Meteorological Development Laboratory, Statistical
				Modeling Branch, 1325 East West Highway, Silver Spring MD 20910 for the
				location nearest to the land application area; or
BOARD NOTE: The prediction in subsection (d)(1) may be
				  obtained from the National Weather Service at
https://www.wpc.ncep.noaa.gov/pqpf/conus_hpc_pqpf.php
2) A prediction of
				0.5 inches or more of
				precipitation in a 24 hour period as measured in liquid form and identified as
				higher than Quantitative Precipitation Forecast (QPF) category 3, obtained from
				the National Weather Service's Meteorological Development Laboratory,
				Statistical Modeling Branch, 1325 East West Highway, Silver Spring MD 20910 for
				the land application area location.
BOARD NOTE: The prediction in subsection (d)(2) may be
				  obtained from the National Weather Service at
http://www.wpc.ncep.noaa.gov/qpf/qpf2.shtml
.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart F - LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS › Section 502.625 - Determination of Livestock Waste Application Rates

Current through Register Vol. 48, No. 28, July 12, 2024
a) Livestock waste application must not
				exceed the agronomic nitrogen rate, which is defined as the annual application
				rate of nitrogen that can be expected to be required for a realistic crop yield
				goal. Multi-year phosphorus application is allowed when the application is
				specified in a nutrient management plan and meets the requirements in Section
				502.615. Any application must be
				consistent with nutrient management plan requirements. The agronomic rate must
				be determined in a manner consistent with this Section and Section
				502.615.
b) Livestock Waste
				Volumes. The estimate of the annual volume of available livestock waste for
				application must be obtained by multiplying the number of animals constituting
				the maximum design capacity of the facility by the appropriate amount of waste
				the animals generate
.
For this Section, "maximum design
				capacity" means the maximum number of animals that can be housed at any time
				for a minimum of 45 days at a CAFO. The following sources may be used to obtain
				the amount of waste generated:
1) Livestock
				Waste Facilities Handbook, Third Edition, Table 2-1, incorporated by reference
				at 35 Ill. Adm. Code 501.200(a);
2) 35 Ill. Adm. Code 560. Table 1;
3) Manure Characteristics,
				2nd ed., 2004 (MWPS-18 Section 1), MidWest Plan
				Service, incorporated by reference at 35 Ill. Adm. Code
				501.200(a);
				and
4) NRCS Agricultural Waste
				Management Field Handbook Chapter 4, incorporated by reference at 35 Ill. Adm.
				Code 501.200(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart F - LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS › Section 502.630 - Protocols to Land Apply Livestock Waste During Winter

Current through Register Vol. 48, No. 28, July 12, 2024
a) Winter Application Prohibition. Surface
				land application of livestock waste on frozen, ice-covered, or snow-covered
				ground is prohibited except as specified in subsection (a)(1).
1) Despite the winter application prohibition
				in subsection (a), surface land application of livestock waste on frozen,
				ice-covered, or snow-covered ground is allowed if all of the following
				conditions are met:
A) No practical
				alternative measures are available to handle the livestock waste within storage
				facilities or to dispose of the livestock waste at other sites. Examples of
				practical alternative measures may include the transfer of waste to another
				waste handling facility or sewage treatment plant, rental or acquisition of a
				storage tank, reduction of herd size or depopulation, and protection of the
				facility from direct precipitation and clean stormwater runoff;
B) Liquid livestock waste cannot be injected
				or incorporated within 24 hours after application due to soil
				conditions;
C) Before December 1,
				the owner or operator has taken steps to provide 120 days of available capacity
				for manure storage areas. Examples of steps that could be taken may include
				land application of livestock waste, transfer of waste to another party,
				protection of waste storage structures from direct precipitation and stormwater
				runoff, and depopulating facilities to reduce the amount of waste
				generated;
D) The owner or operator
				has complied with subsection (a)(1)(C) and yet the storage volume available on
				December 1 of that winter season is less than 120 days of storage;
E) The owner or operator has notified the
				Agency in writing on December 1 of that winter season that the CAFO has less
				than 120 days of storage available; and
F) The discharge of livestock waste from the
				structure to the surface waters is expected to occur due to a shortage in
				storage capacity.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart F - LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS › Section 502.635 - Manure and Soil Sampling and Analysis

Current through Register Vol. 48, No. 28, July 12, 2024
a) Soil Phosphorus Sampling. Soil samples
				must be obtained and analyzed from each field of the land application area
				where applications are planned. Fields where livestock waste is applied must be
				sampled twice for each field during the permit's term. Soil testing must be
				conducted as follows:
1) Soil sampling for
				phosphorus must follow the sampling protocols in Chapter 8 of the Illinois
				Agronomy Handbook, 24th Edition, incorporated by
				reference at 35 Ill. Adm. Code
				501.200. Laboratory analysis for
				soil phosphorus (Bray P1 or Mehlich 3) must be in accordance with Recommended
				Chemical Soil Test Procedures for the North Central Region, incorporated by
				reference at 35 Ill. Adm. Code 501.200;
2) Soil samples must be at the same time in
				the cropping cycle and rotation so that results are comparable year to year;
				and
3) The two required soil
				samples for each field must be taken at least one year apart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart F - LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS › Section 502.640 - Inspection of Land Application Equipment for Leaks

Current through Register Vol. 48, No. 28, July 12, 2024
a) For all permitted CAFOs that land apply
				livestock waste, the CAFO owner or operator must periodically inspect equipment
				used for land application of livestock waste for leaks or problems that result
				in improper operation.
b) The CAFO
				owner or operator must ensure that the land application equipment is properly
				calibrated on a routine basis for livestock waste application.
c) Calibration procedures and schedules must
				be described for all equipment in the CAFO's nutrient management
				plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart F - LIVESTOCK WASTE DISCHARGE LIMITATIONS AND TECHNICAL STANDARDS › Section 502.645 - Land Application Setback Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Distance from Residences
Livestock waste must not be land applied within 1/4 mile of
				  any residence not part of the CAFO unless it is injected or incorporated on the
				  day of application.
b)
				Setbacks from Waters
1) Livestock waste must
				not be land applied within 200 feet of surface water, unless the water is
				upgrade or there is adequate diking, which includes, diking that prevents
				runoff from the land application from entering surface waters that are within
				200 feet of the land application area.
2) Livestock waste must not be land applied
				within 100 feet of downgradient open subsurface drainage intakes, agricultural
				drainage wells, sinkholes, grassed waterways, or other conduits to surface
				waters unless a 35-foot vegetative buffer exists between the land application
				area and the grassed waterways, open subsurface drainage intakes, agricultural
				drainage wells, sinkholes, or other conduits to surface water.
3) The setback requirements in subsection
				(b)(2) do not apply if the CAFO demonstrates to the Agency that a setback or
				buffer is not necessary because implementing alternative conservation practices
				(including injection and incorporation) or field-specific conditions will
				provide pollutant reductions equivalent to or better than the reductions that a
				100-foot setback would achieve.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart G - ADDITIONAL LIVESTOCK WASTE DISCHARGE LIMITATIONS › Section 502.710 - New Source Performance Standards for Dairy Cows and Cattle Other Than Veal Calves

Current through Register Vol. 48, No. 28, July 12, 2024
a) New Source
				Performance Standards (NSPS) Applicability
Any CAFO with the capacity to stable or confine 700 or more
				  mature dairy cows, whether milked or dry, or 1,000 or more cattle other than
				  mature dairy cows or veal calves that is a new source must achieve the
				  livestock waste discharge limitations representing the application of NSPS as
				  of the date of permit coverage or within the timelines provided in Section
				  502.303.
b) The livestock waste discharge limitations
				representing NSPS for the CAFO production area for CAFOs subject to this
				Section are the livestock waste discharge limitations found in Sections
				502.605 and
				502.610.
c) The livestock waste discharge limitations
				representing NSPS for the CAFO land application area are the livestock waste
				discharge limitations and requirements found in Sections
				502.615 through
				502.645.
d) CAFOs subject to this Section must comply
				with Subpart F as of the date of permit coverage or within the timelines
				provided in Section 502.303.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart G - ADDITIONAL LIVESTOCK WASTE DISCHARGE LIMITATIONS › Section 502.720 - Horse and Sheep CAFOs: BPT, BAT, and NSPS

Current through Register Vol. 48, No. 28, July 12, 2024
This Section contains the effluent limitations applicable to
				  discharges resulting from the production area at horse and sheep CAFOs. The
				  limitations and requirements of this Section are applicable on the date of
				  permit coverage. CAFOs with the capacity to stable or confine fewer than 10,000
				  sheep or fewer than 500 horses are exempt from these effluent
				  limitations.
a) Effluent Limitations
				Attainable by the Application of the Best Practicable Control Technology
				Currently Available (BPT) for Horse and Sheep CAFOs
1) Except as provided in subsection (a)(2),
				any existing point source subject to this Section must have no process
				wastewater pollutant discharge into the waters of the United States. Achieving
				no process wastewater discharge to waters of the United States is the effluent
				limitation representing the application of BPT for horse and sheep
				CAFOs.
2) Process waste pollutants
				in the overflow may be discharged to waters of the United States whenever
				rainfall events, either chronic or catastrophic, cause process wastewater to
				overflow from a facility designed, constructed, and operated to contain all
				process-generated wastewaters plus the runoff from a 10-year, 24-hour rainfall
				event for the point source's location.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart G - ADDITIONAL LIVESTOCK WASTE DISCHARGE LIMITATIONS › Section 502.730 - Duck CAFOs: BPT and NSPS

Current through Register Vol. 48, No. 28, July 12, 2024
This Section contains the effluent limitations applicable to
				  discharges resulting from the production areas at dry lot and wet lot duck
				  CAFOs. CAFOs subject to this Section must attain the limitations and
				  requirements of this Section as of the date of permit coverage. CAFOs with the
				  capacity to stable or confine fewer than 5,000 ducks are exempt from these
				  effluent limitations.
a) Effluent
				Limitations Attainable by the Application of the Best Practicable Control
				Technology Currently Available (BPT) for Wet Lot and Dry Lot Duck CAFOs.
Any existing point source subject to this Section must
				  achieve the following effluent limitations representing the degree of effluent
				  reduction attainable by applying BPT:
1) BOD5 is limited to
				a maximum daily limit of
				3.66 pounds/1,000 ducks or
				1.66 kg/1,000 ducks.
2) BOD5 is limited to
				a maximum monthly average of
				2.0 pounds/1,000 ducks or
				0.91 kg/1,000 ducks.
3) Fecal coliform is not to exceed the most
				probable number (MPN) of 400/100 ml at any time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart H - NEW SOURCE PERFORMANCE STANDARDS FOR NEW SWINE, POULTRY AND VEAL LARGE CAFOS › Section 502.800 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart
				applies to all new swine, poultry, and veal CAFOs with the capacity to stable
				or confine the total amount of specific animals provided for in the definition
				of large CAFOs in Section
				502.103.
b) This Subpart H is in addition to the
				livestock waste discharge limitations and technical standards in Subpart F,
				except Section 502.605.
c) The limitations and requirements of this
				Subpart are applicable on the date of NPDES permit coverage or within the
				timelines provided in Section
				502.303.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart H - NEW SOURCE PERFORMANCE STANDARDS FOR NEW SWINE, POULTRY AND VEAL LARGE CAFOS › Section 502.810 - Production Area Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
There must be no discharge of livestock waste pollutants to
				  waters of the United States from the production area unless the CAFO complies
				  with the alternative livestock waste discharge limitations provided in Section
				  502.830.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart H - NEW SOURCE PERFORMANCE STANDARDS FOR NEW SWINE, POULTRY AND VEAL LARGE CAFOS › Section 502.820 - Land Application Area Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
For CAFOs subject to this Subpart, the land application areas
				  must attain the same limitations and requirements as specified in Sections
				  502.615 through
				  502.645.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart H - NEW SOURCE PERFORMANCE STANDARDS FOR NEW SWINE, POULTRY AND VEAL LARGE CAFOS › Section 502.830 - Alternative Best Management Practice Livestock Waste Discharge Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any CAFO subject
				to this Subpart may request that the Agency establish NPDES permit best
				management practice (BMP) livestock waste discharge limitations designed to
				ensure no discharge of livestock waste based upon a site-specific evaluation of
				the CAFO's open surface livestock storage structure.
b) The NPDES permit BMPs for livestock waste
				discharge limitations must address the CAFO's entire production area. In the
				case of any CAFO using an open surface livestock waste storage structure for
				which the Agency establishes livestock waste discharge limitations, "no
				discharge of livestock waste pollutants," as used in this Subpart H, means that
				the storage structure is designed, operated, and maintained in accordance with
				BMPs the Agency established on a site-specific basis after a technical
				evaluation of the storage structure.
c) The technical evaluation must address the
				elements listed in Section
				502.840.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 502 - PERMITS › Subpart H - NEW SOURCE PERFORMANCE STANDARDS FOR NEW SWINE, POULTRY AND VEAL LARGE CAFOS › Section 502.840 - Technical Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
All technical evaluations conducted under this Subpart H must
				  address the minimum elements contained in this Section. Waste management and
				  storage facilities designed, constructed, operated, and maintained consistent
				  with the analysis conducted in subsections (a) through (g) and operated in
				  accordance with the additional measures and records required by Section
				  502.610 will fulfill this
				  Subpart.
a) Information to be used in
				the design of the open manure storage structure including:
1) Minimum storage periods for rainy
				seasons;
2) Additional minimum
				capacity for chronic rainfalls;
3)
				Applicable technical standards that prohibit or otherwise limit land
				application on frozen, saturated, or snow-covered ground found in Section
				502.630;
4) Planned emptying and dewatering schedules
				consistent with the CAFO's nutrient management plan;
5) Additional storage capacity for livestock
				waste intended to be transferred to another recipient at a later time;
				and
6) Any other factors that would
				affect the sizing of the structure.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 503 - OTHER AGRICULTURAL AND SILVICULTURAL ACTIVITIES › Section 503.101 - Fish and Aquatic Animal Production Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) A National Pollutant Discharge Elimination
			 System (NPDES) permits is required for the construction, modification, or
			 operation of a facility that contains, grows, or holds aquatic animals in
			 ponds, raceways, or similar structures for production, such as a hatchery or
			 fish farm, and that discharges for any 30 or more days per year, except that an
			 NPDES permit is not required for:
1) A closed
			 pond that discharges only during periods of excess runoff; or
2) A facility that produces less than 20,000
			 pounds of aquatic animals per year.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 503 - OTHER AGRICULTURAL AND SILVICULTURAL ACTIVITIES › Section 503.102 - Irrigation Activities

Current through Register Vol. 48, No. 28, July 12, 2024
NPDES permits are required for discharges of irrigation return
				flow (such as tailwater, tile drainage, surfaced groundwater flow or bypass
				water) operated by public or private organizations or individuals if:
a) There is a point source of discharge
			 (e.g., a pipe, ditch or other defined or discrete conveyance, whether natural
			 or artificial); and
b) The return
			 flow is from land areas of more than 3000 contiguous acres, or 3000
			 noncontiguous acres which use the same drainage system.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 506 - LIVESTOCK WASTE REGULATIONS › Subpart A - GENERAL PROVISIONS › Section 506.101 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to 35 Ill. Adm. Code 506. The
				  applicability of Subpart B, Standards for the Design and Construction of
				  Livestock Waste Lagoons, is stated in Section
				  506.201. The applicability of
				  Subpart C, Standards for the Design and Construction of Livestock Waste
				  Handling Facilities Other Than Lagoons, is stated in Section
				  506.301.
BOARD NOTE: Upon the effective date of this Part, the
					 emergency rules at 35 Ill. Adm. Code 505, Livestock Waste Regulations, will no
					 longer apply. This Part will take the place of those emergency rules.
					 Additionally, the standards and specifications for the construction of
					 livestock waste handling facilities contained in this Part shall be used in
					 conjunction with the regulations at 8 Ill. Adm. Code
					 900.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 506 - LIVESTOCK WASTE REGULATIONS › Subpart A - GENERAL PROVISIONS › Section 506.102 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or its application to any
				  person or under any other circumstances is adjudged invalid, such adjudication
				  does not affect the validity of this Part as a whole or of any portion not
				  adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 506 - LIVESTOCK WASTE REGULATIONS › Subpart A - GENERAL PROVISIONS › Section 506.104 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board incorporates the following materials by reference:
1) APHA. American Public Health Association,
				1015 Fifteenth Street, NW, Washington, DC 20005, (202) 789-5600, "Standard
				Methods for the Examination of Water and Wastewater",
				20th Edition, 1995.
2) ASAE. American Society of Agricultural
				Engineers, 2950 Niles Road, St. Joseph, MI 49085-9659, (616) 429-5585:
"Manure Storages", ASAE Standards 1998, ASAE EP393.2,
				  December 1997, pp. 649-652.
"Design of Anaerobic Lagoons for Animal Waste Management",
				  ASAE Standards 1998, ASAE EP403.2, August 1993, pp. 656-659.
3) IDNR-ISGS. Illinois Department of Natural
				Resources-Ilinois State Geological Survey, 615 E. Peabody Drive, Champaign, IL
				61820-6964, (217) 333-4747, "Karst Terrains and Carbonate Rocks of Illinois",
				Illinois Map 8, 1997.
4) MWPS.
				MidWest Plan Service, 122 Davidson Hall, Iowa State University, Ames, IA
				50011-3080, (515) 294-4337:
"Livestock Waste Facilities Handbook" MWPS-18,
				  3rd Edition, 1993.
"Concrete Manure Storages Handbook" MWPS-36,
				  1st Edition, 1994.
"Circular Concrete Manure Tanks" Technical Resource TR-9,
				  March 1998.
5) NTIS.
				National Technical Information Service, 5285 Port Royal Road, Springfield, VA
				22161, (703) 487-4600, "Methods for the Determination of Inorganic Substances
				in Environmental Samples", EPA Publication No. EPA-600/R-93/100 (August 1993),
				Doc. No. PB 94-120821.
6)
				USDA-NRCS. United States Department of Agriculture - Natural Resources
				Conservation Service, 1902 Fox Drive, Champaign, IL 61820:
"Waste Holding Pond", Illinois Field Office Technical Guide,
				  Section IV, IL425, p. 5, June 1992.
"Waste Storage Structure", Illinois Field Office Technical
				  Guide, Section IV, IL313, p. 6, June 1992.
"Waste Treatment Lagoon", Illinois Field Office Technical
				  Guide, Section IV, IL359, p. 5, June 1992.