Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart F - LAGOON LIVESTOCK WASTE HANDLING FACILITIES › Section 900.606 - Failure to Register or Construct in Accordance with Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) 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 of the Livestock Management Facilities Act
				[510 ILCS
				77/15 ], this Part, and 35 Ill. Adm. Code 506 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 after
				receipt of the notice. The Department may inspect such lagoon and require
				compliance in accordance with subsections (a) and (b) of Section 15 of the
				Livestock Management Facilities Act [510
				ILCS 77/15 ], this Part, and 35 Ill. Adm. Code 506. 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 Section 15 of the Livestock Management Facilities Act
				[510 ILCS
				77/15 ], this Part, and 35 Ill. Adm. Code 506. 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. [510 ILCS
				77/15(f) ]
b) If the owner or operator of the livestock
				waste lagoon that is subject to registration fails to comply with the notice
				addressing violations occurring during lagoon construction, a cease and desist
				order to stop construction may be issued by the Department. Changes shall be
				made to the lagoon by the owner or operator to ensure construction according to
				the provisions of the Livestock Management Facilities Act [510 ILCS 77 ], this
				Part, and 35 Ill. Adm. Code 506. The cease and desist order shall be canceled
				by the Department upon submission of the registration materials by the lagoon
				owner or operator to the Department, and after the Department's review of the
				construction plans and specifications and lagoon registration materials, and
				after determination by the Department of compliance with the Livestock
				Management Facilities Act, this Part, and 35 Ill. Adm. Code 506.
c) If the owner or operator of the livestock
				waste lagoon that is subject to registration fails to comply with the notice
				addressing violations which occur after completion of lagoon construction, an
				operational cease and desist order may be issued by the Department. Any
				necessary changes shall be made to the lagoon by the lagoon owner or operator
				to comply with the Livestock Management Facilities Act, this Part, and 35 Ill.
				Adm. Code 506. The operational cease and desist order shall be canceled by the
				Department after the Department determines compliance with the Livestock
				Management Facilities Act, this Part, and 35 Ill. Adm. Code 506.