Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 506 - LIVESTOCK WASTE REGULATIONS › Subpart A - GENERAL PROVISIONS › Section 506.103 - 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 must 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 this Part, the terms included in this Section have the following
				  meanings:
"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 is determined by
				  dividing the average mature animal weight by 1,000. The Department must
				  determine the average mature animal weight 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 or more present within any five-foot section of a soil
				  boring performed in compliance with Sections
				  506.202 and
				  506.302 of this Part.
"Department" means the Illinois Department of
				  Agriculture.
[510 ILCS 77/10.20 ].
"Filter Strip" means a strip or area of vegetation for
				  removing sediment, organic material, organisms, nutrients, and chemicals from
				  runoff or wastewater. A filter strip must be sized to process the amount of
				  material expected to be released from the lagoon.
"Flood fringe" means that portion of the floodplain outside
				  the floodway.
"Floodplain" means the 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 under 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.
"Grass Waterway" means a natural or constructed waterway,
				  usually broad and shallow covered with erosion-resistant grasses, used to
				  conduct surface water from or through cropland. A grass waterway is used to
				  convey any lagoon release to an area or structure where it would be contained,
				  such as at an additional berm, or processed, such as at a filter strip, or
				  conveyed to another area, such as by a terrace.
"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.
"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 1/4
				  mile, and that share a common livestock waste handling facility
will
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
				  livestock houses or barns, in which livestock are enclosed at any time.
"Livestock Waste" means livestock excreta and
				  associated 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 1/4 mile
will
be considered a single livestock waste handling facility.
[510 ILCS
				  77/10.40 ] The Livestock Management Facilities Act and
				  this Part do not apply to: livestock waste handling facilities at educational
				  institutions; livestock pasture operations; or facilities where animals are
				  housed on a temporary basis, such as county and State fairs, livestock shows,
				  race tracks, horse breeding and foaling farms, and market holding
				  facilities.
"Maintained" means, with reference to a livestock waste
				  lagoon, that the livestock waste lagoon is inspected (including inspection for
				  burrow holes, trees and woody vegetation, proper freeboard, erosion, settling
				  of the 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 19, 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
will not
				  be considered
a new facility as used in the Livestock Management
				  Facilities Act.
[510 ILCS 77/10.45 ] For
				  facilities that have stopped operation after July 12, 1999, starting 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 8 Ill. Adm. Code
				  900.508. For facilities that
				  have stopped operation before July 13, 1999, starting 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 is not be
				  considered a new or expanded livestock management or waste handling
				  facility.
"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 once the construction or modification is
				  completed in compliance with this Part.
"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.
"Seasonal high water table" means the highest level of the
				  water table encountered annually.
"Terrace" means an embankment or combination of embankment
				  and channel constructed across a slope to control erosion by diverting and
				  temporarily storing surface runoff instead of permitting it to flow
				  uninterrupted down the slope. A terrace may be used to convey the released
				  material to a grass waterway, a filter strip, or a secondary berm.
"USDA-NRCS" means the United States Department of
				  Agriculture's Natural Resources Conservation Service.
"Void" means an underground opening generally produced by the
				  dissolution of rock in a karst area.
"Water table" means the surface on which the fluid pressure
				  in the soil pore space is equal to the atmospheric pressure. The location of
				  the water table is determined by the level at which water stands in a shallow
				  well open along its length and penetrating the surficial deposits just deeply
				  enough to encounter standing water in the bottom.