Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart E - LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN LAGOONS › Section 900.502 - Siting Restrictions and Additional Construction Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
New livestock management facilities and livestock waste
				  handling facilities constructed after January 1, 2001 shall be subject to the
				  additional construction requirements and siting prohibitions provided in this
				  Section. [510
				  ILCS 77/13(b) ]
a) No new non-lagoon livestock management
				facility or livestock waste handling facility may be constructed within the
				floodway of a 100-year floodplain. A new livestock management facility or
				livestock waste handling facility may be constructed within the portion of a
				100-year floodplain that is within the flood fringe and outside the floodway
				provided that the facility is designed and constructed to be protected from
				flooding and meets the requirements set forth in the Rivers, Lakes, and Streams
				Act [615 ILCS 5 ], Section 5-40001 of the Counties Code [55 ILCS
				5/5-40001 ], and Executive Order Number 4 (1979). The
				delineation of floodplains, floodways, and flood fringes shall be in compliance
				with the National Flood Insurance Program. Protection from flooding shall be
				consistent with the National Flood Insurance Program and shall be designed so
				that stored livestock waste is not readily removed. [510
				ILCS 77/13(b) (1]) Construction
				standards and specifications shall be utilized as set forth in Subpart C of 35
				Ill. Adm. Code 506.
b) A new
				non-lagoon livestock waste handling facility constructed in a karst area shall
				be designed to prevent seepage of the stored material into groundwater in
				accordance with ASAE EP393.2 or future updates. Owners or operators of proposed
				facilities should consult with the local soil and water conservation district,
				the University of Illinois Cooperative Extension Service, or other local,
				county, or State resources relative to determining the possible presence or
				absence of such areas. Notwithstanding the other provisions of this subsection
				(b), after July 13, 1999, no non-lagoon livestock waste handling facility may
				be constructed within 400 feet of any natural depression in a karst area formed
				as a result of subsurface removal of soil or rock materials that has caused the
				formation of a collapse feature that exhibits internal drainage. For the
				purposes of this subsection (b), the existence of such a natural depression in
				a karst area shall be indicated by the uppermost closed depression contour
				lines on a USGS 7½ minute quadrangle topographic map or as determined by
				Department field investigation in a karst area. [510
				ILCS 77/13(b) (2)] Construction
				standards and specifications shall be utilized as set forth in Subpart C of 35
				Ill. Adm. Code 506.
c) A new
				non-lagoon livestock waste handling facility constructed in an area where
				aquifer material is present within 5 feet of the bottom of the facility shall
				be designed to ensure the structural integrity of the containment structure and
				to prevent seepage of the stored material to groundwater. Footings and
				underlying structure support shall be incorporated into the design standards of
				the storage structure in accordance with the requirements of Section
				4.1 of the American Society
				of Agricultural Engineers (ASAE) EP393.2 or future updates. [510
				ILCS 77/13(b) (3) ] Construction
				standards and specifications shall be utilized as set forth in Subpart C of 35
				Ill. Adm. Code 506.