Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart F - LAGOON LIVESTOCK WASTE HANDLING FACILITIES › Section 900.607 - Lagoon Operational Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) 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 the 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 provide on-site written
				recommendations to the owner, operator, or certified livestock manager of what
				corrective actions are necessary or shall inform the owner, operator, or
				certified livestock manager that the lagoon meets the standards set forth in
				this subsection. [510
				ILCS 77/16 ]
b) The person making any inspection shall
				comply with reasonable animal health protection procedures as requested by the
				owner, operator, or certified livestock manager. [510 ILCS 77/16]
c) 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. [510 ILCS 77/16]
d) The following penalties shall be assessed
				for violations of this Section:
1) 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.
2) 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.
3) 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.
4) 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.
				[510
				ILCS 77/16 ]