Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix G - Illinois Environmental Protection Agency's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
PREFACE
On August 19, 1982, Governor James R. Thompson signed into law
				the Farmland Preservation Act (Ill. Rev. Stat. 1987, ch. 5, par. 1301 et seq.),
				which required the Illinois Environmental Protection Agency (IEPA) to develop
				an agricultural land preservation policy statement and cooperative working
				agreement. The following policy statement and working agreement are submitted
				in accordance with the Act.
POLICY STATEMENT
The Illinois Environmental Protection Agency recognizes the
				need to maintain the quality of the State's productive agricultural land and
				also to protect this valuable resource from permanent conversion to
				non-agricultural uses. It shall be the policy of the Agency in its programs and
				operations to preserve Illinois farmland, through procedures consistent with
				State and Federal laws.
ANALYSIS OF IMPACT
The Illinois Environmental Protection Agency has the
				responsibility to protect public health, welfare and quality of life in
				Illinois by protecting the environment. The Agency monitors environmental
				pollutants, enforces pollution control regulations, carries out permit programs
				to control certain pollution related activities, and administers grants for
				planning and construction of wastewater treatment facilities.
IEPA's programs and operations do not involve land acquisition
				for capital development; therefore, the Agency will not directly cause
				conversion of agricultural lands. Indirect and secondary impacts may occur,
				however, through administration of permits, grants, and regulatory
				programs.
Permits
The four program Divisions of IEPA (Air Pollution Control,
				Water Pollution Control, Public Water Supplies, and Land/Noise Pollution
				Control) issue permits for the construction and operation of pollution control
				facilities, water treatment works, and enterprises which are potential sources
				of pollution. Additionally, the Agency issues authorizations or certifications
				to federal agencies for their action on applications for permits, licenses and
				other forms of federal approval of proposed activities.
The Agency's permit programs and related Federal programs can
				affect farmland as follows:
a. Through decisions on facility planning areas which
				consequently affect the location of new sewage treatment plants/interceptors
				and public water supply facilities/distribution systems.
b. Through construction permit decisions for new pollution
				control facilities which may be built at locations which could affect
				farmland.
c. Through decisions on the sitting of solid waste
				facilities.
d. Through decisions on other pollution source controls for
				mine related pollution and agricultural related pollution.
e. Through reviews of environmental impact statements.
Any Agency program activity which is responsible to Federal
				laws must comply with the National Environmental Policy Act and USEPA policy on
				farmland preservation. The USEPA policy, September 8, 1978, is consistent with
				policies of the U.S. Department of Agriculture and the Council on Environmental
				Quality. It proclaims, "It is EPA's policy to protect, through the
				administration and implementation of its programs and regulations, the nation's
				environmentally significant agricultural land from irreversible conversion to
				uses which result in its loss as an environmental or essential food production
				resource." However, Agency permit denials, absent state law, cannot be
				predicated in any instance solely on the taking of prime farmland out of
				production. Therefore, information on farmland for permit determinations is
				limited to the facts relating to pollution control attributes of the source. In
				the event a proposed activity is inconsistent with existing state law (i.e.,
				Agricultural Areas Conservation and Protection Act (Ill. Rev. Stat. 1987, ch.
				5, par. 1001 et seq.)), permits must be denied by the Agency.
Grants
The direct impact of state and federal wastewater treatment
				works construction grants programs administered by the Agency upon land
				conversion is generally insignificant. The major wastewater construction grant
				programs are the state Build Illinois Program and the U.S. Environmental
				Protection Agency program authorized under Section 201 of the Federal Clean
				Water Act.
In general, land requirements for sitting of grant eligible
				pollution control facilities are small and are responsive to the existing and
				near term needs of urban centers. However, the secondary effects of wastewater
				treatment provisions to accommodate anticipated future urban growth upon land
				conversion can be significant.
Future growth and anticipated wastewater treatment needs are
				currently limited to projected population levels established by the Illinois
				Bureau of the Budget forecasts and are limited to service within established
				facility planning areas (FPA). The service areas for growth are established by
				local governments consistent with their planned growth patterns and density
				into adjacent land areas. The planning requirements which must be met coupled
				with grant eligibility limitations on transport systems discourage leap frog
				development.
Although the impact of urbanization upon farmland conversion is
				significant, the wastewater grant programs merely help provide for adequate
				pollution control resulting from local decision making and population
				distribution.
All federal wastewater construction grants are required to
				protect environmentally significant agricultural lands from irreversible
				conversion to uses which result in its loss as an environmental or essential
				food production resource. As part of the decision making process for the
				planning, design and construction of interceptors and treatment facilities,
				farmland protection is considered. USEPA procedures are defined in regulations
				developed pursuant to the National Environmental Policy Act and the USEPA
				policy on farmland protection. An additional directive to minimize farmland
				conversion is provided to the USEPA in the federal Farmland Protection Policy
				Act (
				7 U.S.C. 4201
				et seq.). Adequate consideration and mitigation are also an integral part of
				the State wastewater construction grant program which is operated consistent
				with the USEPA program.
Rules and Regulations
Regulatory programs are administered by each Division as
				prescribed by the Illinois Pollution Control Board's Rules and Regulations (35
				Ill. Adm. Code: Subtitles A through H). Enforcement of the regulations may
				require application of pollution control techniques that are costly or
				discouraging to some agricultural operations. This is most evident where urban
				encroachment upon existing agricultural areas is occurring.
From a broader perspective the regulatory programs are
				supportive of farmland preservation. Specific agricultural exemptions are
				incorporated in the air, solid waste, and noise pollution regulations (Ill.
				Rev. Stat. 1987, ch. 111½, par. 21(f), and 35 Ill. Adm. Code
				237.120(a),
				722.151,
				809.211,
				901.107(a) and
				(c), and
				902.140(a)(4)
				). Enforcement of the regulations protects and enhances the quality of
				Illinois' land, water, and air resources which are indispensible to a
				productive agricultural industry.
MITIGATION PROCEDURES
Agency program activities shall continue to be responsive to
				the Farmland Preservation Act. Agricultural land protection efforts shall be
				supported through intergovernmental coordination and review consistent with
				State and Federal laws. Reasonable opportunities for review and comment on
				Agency actions will be afforded consistent with schedules for Agency decisions
				prescribed by law, regulation, or Agency policy. Where applicable, Agency
				administrative procedures on regulatory and programmatic functions shall be
				administered in a manner which is consistent with the Farmland Preservation
				Act. Protection of agricultural lands shall be carried out in the following
				Agency actions:
A. The Agency will continue to participate in an inter-agency
				committee to carry out the objectives of land preservation.
B. Consideration of impacts on agricultural land shall be made
				within the process of developing new or revised regulations or administrative
				procedures. In particular, the conversion of farmland shall be evaluated by the
				Agency in accordance with the National Environmental Policy Act ( 42 U.S.C.
				4231 et seq.) in considering revisions to boundaries of facility planning areas
				designated in accordance with the Clean Water Act ( P.L. 95-217, as amended).
				Agency evaluation shall include consideration of comments from IDOA.
C. The Agency will provide the Illinois Department of
				Agriculture (IDOA) wastewater permit application information for purposes of
				administering the Farmland Preservation Act.
D. In conjunction with Agency approval of an FPA/construction
				grant (35 Ill. Adm. Code 362 and 363), potential farmland conversion will be
				considered in the decision making process.
E. Wastewater treatment works construction grant applicants
				will be required to submit information for the State Clearinghouse
				Review.
F. Agency programmatic activities shall support and encourage
				agricultural land protection programs to achieve a balanced resource management
				program.
(May, 1988; revised)
Illinois Environmental Protection Agency -
				Illinois Department of Agriculture Cooperative Working Agreement
A. The IEPA shall provide official notification to the IDOA on
				a developing facility plan if the facility plan necessitates the creation of a
				new FPA or an expansion of an approved FPA; however, no notice shall be
				required for any activity occurring within an approved FPA. An official
				notification will include the following information when available from the
				project applicant:
1. Project description;
2. Map indicating general project location in the
				county;
3. The most current soil survey map showing precise
				project boundaries;
4. Identification of all land classes (I-VIII) lying
				within project boundaries and the number of acres contained within each land
				class;
5. Identification of zoning and whether the project
				is in compliance with a comprehensive plan regulating the project area, if
				applicable;
6. Identification of land use within project area
				and of that land contiguous to it;
7. The project proposal discussing how the size and
				location of the proposed project shall meet and not exceed the goals of the
				project thereby avoiding unnecessary farmland conversion;
8. Explanation of project location;
9. Name, address and telephone number of individual
				who provided the above information.
The IDOA will initiate its Study of Agricultural
				Impacts upon receiving the notification and will complete the study in
				accordance with 8 Ill. Adm. Code 700.Appendix A, Exhibit A, "Time
				Limitations."
Where applicable, the IEPA will not release
				information to the general public relative to a final decision on a project
				subject to the IDOA's Study of Agricultural Impacts until the IDOA has
				completed its study. If a project is not in compliance with the IEPA's policy
				statement and/or working agreement and a compromise cannot be reached, the IDOA
				shall invoke the Conflict Resolution Process in accordance with 8 Ill. Adm.
				Code 700.Appendix A, Exhibit C.
Upon approval of an FPA subject to this working
				agreement, IEPA will forward to IDOA the highest quality map available,
				delineating the boundaries to the new or modified FPA.
B. IEPA shall notify IDOA in writing when a petition is
				submitted to IEPA invoking the "Procedures and Requirements for Conflict
				Resolution in Revising Water Quality Management Plans" (35 Ill. Adm. Code 351).
				In turn, IDOA shall notify in writing the appropriate Soil and Water
				Conservation District (S&WCD). Notification shall include:
1. Those instances which would revise the Water
				Quality Management Plans (WQM) as outlined in 35 Ill. Adm. Code
				351.103.
2. Those instances where exceptions to boundaries
				for FPA's may be granted without revising the WQM Plan as discussed in 35 Ill.
				Adm. Code
				351.502.
Adequate notification shall be given to enable IDOA
				and the S&WCD to review the petition and participate as outlined in 35 Ill.
				Adm. Code 351.
C. When the project converts or has the potential to convert
				farmland, IDOA shall encourage the local S&WCD to participate in providing
				inputs into:
1. IEPA regulatory programs covered by P.A. 82-682
				(facility sitting under the Environmental Protection Act); and
2. Issues covered by 35 Ill. Adm. Code 351.
D. IEPA will notify IDOA in writing of permit applications
				received for the development and operation of new municipal waste landfills not
				subject to the facility sitting provisions of P.A. 82-682.
E. IEPA will notify IDOA in writing of submitted permit
				applications that pertain to new facilities or modifications to existing
				facilities which are located outside of approved facility planning
				areas.
F. IEPA shall inform applicants for Wastewater Construction
				Grants of existing farmland protection policies and of information required on
				grant applications in accordance with the National Environmental Policy Act.
				Data required by the Agriculture and Food Act of 1981, P.L. 97-98, shall be
				solicited by the applicant from the U.S.D.A. Soil Conservation Service. In
				cases where these data are not available from SCS, IDOA shall endeavor to
				provide the necessary information to the applicant to complete the application
				where possible.
G. IDOA shall provide IEPA with current maps of the highest
				quality available, delineating the boundaries of all approved Agricultural
				Areas in the State.
H. Should either agency experience changes in policy or
				procedures which would alter the manner in which the agreement would be
				executed, the other agency shall be informed for the purpose of negotiating a
				new agreement.
(May, 1988; revised)