reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart C - NOTICE OF INTENT TO CONSTRUCT › Section 900.305 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
Any owner or operator who fails to file a notice of intent to
				  construct form with the Department prior to commencing construction, upon being
				  discovered by the Department, shall be subject to an administrative hearing by
				  the Department. The administrative law judge, upon determination of a failure
				  to file the appropriate form, shall impose a civil administrative penalty in an
				  amount no more than $1,000 and shall enter an administrative order directing
				  that the owner or operator file the appropriate form within 10 business days
				  after receiving notice from the Department. If, after receiving the
				  administrative law judge's order to file, the owner or operator fails to file
				  the appropriate form with the Department, the Department shall impose a civil
				  administrative penalty in an amount no less than $1,000 and no more than $2,500
				  and shall enter an administrative order prohibiting the operation of the
				  facility until the owner or operator is in compliance with the Livestock
				  Management Facilities Act [510 ILCS 77 ] and this Subpart. Penalties under this
				  Section not paid within 60 days after notice from the Department shall be
				  submitted to the Attorney General's office or an approved private collection
				  agency. [510
				  ILCS 77/11(d) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart D - PUBLIC INFORMATIONAL MEETING › Section 900.401 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart establishes procedures for conducting
				  informational meetings on notices of intent to construct received by the
				  Department after January 1, 2001 for all new livestock management facilities
				  and livestock waste handling facilities serving 1,000 or more animal units that
				  do not propose to utilize a lagoon and all livestock management facilities or
				  livestock waste handling facilities that propose to utilize a
				  lagoon.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart D - PUBLIC INFORMATIONAL MEETING › Section 900.402 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 7
				calendar days after receiving a complete form giving notice of intent to
				construct a new livestock management facility or livestock waste handling
				facility serving 1,000 or more animal units that does not propose to utilize a
				lagoon or a livestock management facility or livestock waste handling facility
				that does propose to utilize a lagoon, the Department shall:
1) Send a copy of the notice form to the
				county board of the county in which the facility is to be located;
2) Publish a public notice in a newspaper of
				general circulation within the county in which the facility is to be located
				[510
				ILCS 77/12(a) ]; and
3) Send a copy of the notice to be published
				in the newspaper, pursuant to subsection (a)(2) of this Section, to the owner
				or operator.
For the purposes of this Subpart, a complete form means that
				  all items listed in Section
				  900.303(a)
				  of this Part and included on the notice of intent to construct form have been
				  completed by the owner or operator, the form has been reviewed by the
				  Department, and all clarification information has been received by the
				  Department.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart D - PUBLIC INFORMATIONAL MEETING › Section 900.403 - Request for Informational Meeting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 30 calendar days after receipt of
				notice under Section
				900.402(a)(1),
				the county board may request in writing that the Department conduct an
				informational meeting concerning the proposed construction [510
				ILCS 77/12(a) ]:
1) Based on its own discretion; or
2) Based on a petition, received by the
				county board within 30 calendar days after receipt of notice under Section
				900.402(a)(1),
				by residents of the county where the proposed facility will be located that the
				Department conduct an informational meeting.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart D - PUBLIC INFORMATIONAL MEETING › Section 900.404 - Notice of Informational Meeting

Current through Register Vol. 48, No. 28, July 12, 2024
a) After receipt of the request to hold an
				informational meeting, the Department shall:
1) Publish a notice of the meeting in a
				newspaper of general circulation in the county where the facility is to be
				located;
2) Publish a notice of the
				meeting in the State newspaper; and
3) Send a copy of the notice to the county
				board in sufficient time for the county board to post the notice as required by
				subsection (c) of this Section.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart D - PUBLIC INFORMATIONAL MEETING › Section 900.405 - Conduct of Informational Meeting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 15 business days after receipt of a
				county board's request to conduct an informational meeting, the Department
				shall appoint a hearing officer, in accordance with 8 Ill. Adm. Code
				1.22(a),
				to conduct the informational meeting, and conduct an informational meeting on
				the proposed construction in the county where the proposed facility is to be
				located.
b) The hearing officer
				shall have the duty to conduct a fair informational meeting, take all necessary
				action to avoid delay, maintain order, and ensure the development of a clear,
				complete, and concise record. The hearing officer shall have all powers
				necessary to these ends, including but not limited to the authority to:
1) Require all participants to state their
				position with respect to the proposed facility;
2) Administer oaths and
				affirmations;
3) Regulate the
				course of the meeting, including but not limited to controlling the order of
				proceedings; and
4) Establish
				reasonable limits on the duration of the testimony and questioning of any
				witness and limit repetitious or cumulative testimony and
				questioning.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart D - PUBLIC INFORMATIONAL MEETING › Section 900.406 - County Board Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
At the informational meeting or within 30 business days
				  following the meeting, the county board shall submit to the Department an
				  advisory, non-binding recommendation about the proposed new facility's
				  construction in accordance with the applicable requirements of the Act. The
				  advisory, non-binding recommendation shall contain, at a minimum, the
				  following:
a) A statement of whether
				the proposed facility achieves or fails to achieve each of the 8 siting
				criteria described in subsection (d) of Section 12 of the Livestock Management
				Facilities Act [510
				ILCS 77/12(d) ] and Section
				900.405(h)
				of this Subpart; and
b) A statement
				of the information and criteria used by the county board in determining that
				the proposed facility met or failed to meet any of the criteria described in
				subsection (d) of Section 12 of the Livestock Management Facilities Act and
				Section
				900.405(h)
				of this Subpart. [510
				ILCS 77/12(b) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart D - PUBLIC INFORMATIONAL MEETING › Section 900.407 - Final Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 15 calendar days after the close of the comment period under Section
				900.406
				of this Subpart, the Department shall determine:
1) That, more likely than not, the provisions
				of the Livestock Management Facilities Act [510 ILCS 77 ] have been met
				[510 ILCS
				77/12.1(a) ];
2) That, more likely than not, the provisions
				of the Livestock Management Facilities Act [510 ILCS 77 ] have not been met;
				or
3) That additional information
				or specific changes are needed in order to assist the Department in making the
				determination.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart D - PUBLIC INFORMATIONAL MEETING › Section 900.408 - Amendment to Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the owner
				or operator of a proposed livestock management facility or livestock waste
				handling facility amends the facility plans during the Department's review by
				increasing the maximum design capacity of the livestock management facility or
				livestock waste handling facility, changing the type of livestock waste
				handling facility, altering the facility location which results in a change in
				the status of residences and common places of assembly in setback areas, or
				otherwise changing or modifying any substantial feature of the facility design,
				the Department shall notify the county board, which may exercise its option of
				a public informational meeting pursuant to Section 12 of the Livestock
				Management Facilities Act [510
				ILCS 77/12 ] and Section
				900.403
				of this Subpart. [510 ILCS
				77/12.1(c) ] If a request for an
				informational meeting is made, the Department shall follow the procedures as
				outlined in this Subpart. If no request for an informational meeting is made,
				the Department shall make its final determination in accordance with Section
				900.407 of
				this Subpart.
b) If the owner or
				operator of a proposed new livestock management or new livestock waste handling
				facility amends the facility plans during the Department's review process by
				increasing the animal unit capacity of the facility such that the required
				setback distances will be increased, the owner or operator shall submit a
				revised notice of intent to construct and comply with applicable provisions of
				the Livestock Management Facilities Act and the requirements of this Subpart.
				[510 ILCS
				77/12.1(d) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart D - PUBLIC INFORMATIONAL MEETING › Section 900.409 - Construction

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the county
				board requests an informational meeting, construction shall not begin until
				after the informational meeting has been held, the Department has reviewed the
				county board's recommendation and replied to the recommendation indicating if
				the proposed new livestock management facility or the new livestock waste
				handling facility is or will be in compliance with the requirements of the
				Livestock Management Facilities Act [510 ILCS 77 ], and the owner, operator, or
				certified manager and operator has received the Department's notice that the
				setbacks and all applicable requirements of the Livestock Management Facilities
				Act have been met. [510
				ILCS 77/12(c) ]
b) If no informational meeting is requested,
				construction shall not begin until after the Department has reviewed the notice
				of intent to construct and determined that the requirements of the Livestock
				Management Facilities Act have been met.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart E - LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN LAGOONS › Section 900.501 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The applicability of this Subpart shall be as follows:
a) Section
				900.502
				of this Subpart applies to new livestock management facilities and livestock
				waste handling facilities, other than livestock waste lagoons, constructed
				after January 1, 2001;
b) Section
				900.503
				of this Subpart applies to livestock waste handling facilities, other than
				livestock waste lagoons, constructed after January 1, 2001 that are not subject
				to the public informational meeting process;
c) Section
				900.504
				of this Subpart applies to livestock waste handling facilities, other than
				livestock waste lagoons, constructed after January 1, 2001 that are subject to
				the public informational meeting process;
d) Sections
				900.505,
				900.506,
				and
				900.507
				of this Subpart apply to livestock waste handling facilities, other than
				livestock waste lagoons, constructed after January 1, 2001;
e) Section
				900.508 of
				this Subpart applies to any livestock management facility not utilizing a
				livestock waste lagoon;
f) Section
				900.509 of this
				Subpart applies to new livestock management facilities not utilizing a
				livestock waste lagoon constructed after May 21, 1996;
g) Section
				900.510 of this
				Subpart applies to any livestock waste handling facility not utilizing a
				livestock waste lagoon; and
h)
				Section
				900.511
				of this Subpart applies to new livestock waste handling facilities, other than
				livestock waste lagoons, constructed after January 1, 2001 required to conduct
				perimeter drainage tubing sampling pursuant to 35 Ill. Adm. Code 506.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart E - LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN LAGOONS › Section 900.506 - Certification of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				owner or operator of a livestock management facility or livestock waste
				handling facility constructed pursuant to the requirements of this Subpart
				shall send, by certified mail or in person, to the Department a certification
				of compliance form provided by the Department together with copies of
				verification documents upon completion of construction. Such verification
				documents shall include photographic records of excavation and site preparation
				including any soil compaction, footing preparation and construction, concrete
				forming including steel reinforcement, construction joints during construction,
				walls and floors after form removal, installation of perimeter drains if
				needed, and any other items deemed necessary by the owner or operator,
				engineer, or construction personnel. For structures constructed of concrete, a
				signed statement from the concrete supplier indicating the quality of the
				concrete shall be included. In the case of structures constructed with the
				design standards used by the Natural Resources Conservation Service of the
				United States Department of Agriculture, copies of the design standards and a
				statement of verification signed by a representative of the United States
				Department of Agriculture shall accompany the owner's or operator's
				certification of compliance. The certification shall state that the structure
				meets or exceeds the construction requirements as set forth in Subpart C of 35
				Ill. Adm. Code 506. [510
				ILCS 77/13(f) ]
b) A $250 filing fee shall accompany the
				certification of compliance statement. [510
				ILCS 77/13(f) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart E - LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN LAGOONS › Section 900.507 - Failure to Register or File Construction Plans

Current through Register Vol. 48, No. 28, July 12, 2024
Any owner or operator who fails to file a registration form
				  or construction plans and site investigation information with the Department
				  prior to commencing construction, upon being discovered by the Department,
				  shall be subject to an administrative hearing by the Department. The
				  administrative law judge, upon determination of a failure to file the
				  appropriate form, shall impose a civil administrative penalty in an amount no
				  more than $1,000 and shall enter an administrative order directing that the
				  owner or operator file the appropriate form within 10 business days after
				  receiving notice from the Department. If, after receiving the administrative
				  law judge's order to file, the owner or operator fails to file the appropriate
				  form with the Department, the Department shall impose a civil administrative
				  penalty in an amount no less than $1,000 and no more than $2,500 and shall
				  enter an administrative order prohibiting the operation of the facility until
				  the owner or operator is in compliance with the Livestock Management Facilities
				  Act [510 ILCS 77 ] and this Subpart. Penalties under this Section not paid
				  within 60 days after notice from the Department shall be submitted to the
				  Attorney General's office or an approved private collection agency.
				  [510
				  ILCS 77/11(d) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart E - LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN LAGOONS › Section 900.508 - Removal from Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
				any livestock management facility not using a livestock waste lagoon is removed
				from service, the accumulated livestock waste remaining within the facility
				shall be removed and applied to land at rates consistent with a waste
				management plan for the facility. In the case of a facility not required to
				develop and maintain a waste management plan, the livestock waste shall be
				applied at agronomic rates consistent with the Illinois Agronomy Handbook.
				Removal of the waste shall occur within 12 months after the date livestock
				production at the facility ceases. In addition, the owner or operator shall
				make provisions to prevent the accumulation of precipitation within the
				livestock waste handling facility. [510
				ILCS 77/13(k) ]
b) Upon completion of the removal of manure,
				the owner or operator of the facility shall notify the Department that the
				facility is being removed from service and the remaining manure has been
				removed. The Department shall conduct an inspection of the livestock waste
				handling facility and inform the owner or operator in writing that the
				requirements imposed under this Section have been met or that additional
				actions are necessary. [510
				ILCS 77/13(k) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart E - LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN LAGOONS › Section 900.509 - Return to Service

Current through Register Vol. 48, No. 28, July 12, 2024
A new facility constructed after May 21, 1996 that has been
				  removed from service for a period of 2 or more years shall not be placed back
				  into service prior to an inspection of the livestock waste handling facility
				  and receipt of written approval by the Department. [510
				  ILCS 77/13(k) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart E - LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN LAGOONS › Section 900.510 - Odor Control

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Operators of livestock waste handling facilities shall practice odor control
				methods during the course of manure removal and field application. Odor control
				methods shall be those methods identified in the rules adopted pursuant to the
				Illinois Environmental Protection Act concerning agriculture related pollution
				as set forth in 35 Ill. Adm. Code
				501.405(b).
				[510 ILCS
				77/25(a) ]
b) Above-ground livestock waste holding
				structures must be operated using odor control management guidelines based on
				scientific per review accepted by the Department and determined to be
				economically feasible to the specific operation. [510 ILCS
				77/25(c) ] Such odor control methods
				may include, but are not limited to, biocovers and synthetic covers for gas
				capture.
c) Upon the occurrence of
				a violation of this Section, the following procedures shall be followed:
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
				77/25(d) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart E - LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN LAGOONS › Section 900.511 - Perimeter Drainage Tubing Sampling, Analysis and Reporting Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) For non-lagoon
				livestock waste handling facilities required to install and sample perimeter
				drainage tubing pursuant to 35 Ill. Adm. Code 506, the requirements of this
				Section shall be met.
1) The owner or
				operator of a livestock waste handling facility shall sample the liquid from
				the monitoring port prior to the livestock waste handling facility being placed
				into service and at least quarterly thereafter, if any liquid is available. The
				samples shall be analyzed for the following items: nitrate-nitrogen,
				phosphate-phosphorus, chloride, sulfate and ammonia-nitrogen.
2) Analytical results as determined in
				subsection (a)(1) of this Section shall be submitted to the Department within
				30 days after sample collection and shall include a discussion relative to the
				significance of the results. Such discussion of significance shall include:
A) A comparison of the results to the initial
				sampling made prior to the livestock waste handling facility being placed in
				service; and
B) A description of
				any proposed response action necessary to mitigate potential impacts to
				groundwater.
3) The
				Department shall review the submittal provided pursuant to subsection (a)(2) of
				this Section, evaluate the proposed response action, and provide a time frame
				for the correction of any identified deficiencies. As a result of the
				evaluation, the Department may approve or modify the monitoring program or
				response action including, but not limited to, the following:
A) Increased the monitoring port sampling
				frequency;
B) Decreased the
				sampling frequency if, after four consecutive quarters, no detections are
				identified;
C) Add or delete items
				from the list of samples analytes provided in subsection (a)(1) of this
				Section, including bacteriological testing; or
D) require changes to the design,
				construction or operation of the livestock waste handling facility or changes
				in the operation of the livestock management facility that shall be implemented
				by the owner or operator within the time frame established by the
				Department.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart F - LAGOON LIVESTOCK WASTE HANDLING FACILITIES › Section 900.601 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				applicability of this Subpart shall be as follows:
1) Sections
				900.602
				through
				900.606
				and Section
				900.611
				of this Subpart apply to any new or modified lagoon, the design of which has
				not been approved by the Department prior to January 1, 2001;
2) Section
				900.607
				of this Subpart applies to any livestock waste lagoon that services 1,000 or
				more animal units and is required to be registered under the Livestock
				Management Facilities Act;
3)
				Section
				900.608 of this
				Subpart applies to any livestock waste lagoon;
4) Section
				900.609 of this
				Subpart applies to any livestock waste lagoon constructed after June 1, 1998;
				and
5) Section
				900.610 of
				this Subpart applies to any livestock waste lagoon required to be registered
				under the Livestock Management Facilities Act.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart F - LAGOON LIVESTOCK WASTE HANDLING FACILITIES › Section 900.602 - Lagoon Siting Restrictions and Additional Construction Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) New or modified
				earthen livestock waste lagoons constructed after January 1, 2001 shall be
				subject to additional construction requirements and siting prohibitions as
				provided in this Section.
1) No new or
				modified earthen livestock waste lagoon may be constructed within the floodway
				of a 100-year floodplain. A new or modified earthen livestock waste lagoon 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 so that livestock waste is not readily removed during 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. [510 ILCS
				77/15 (a-5)(1)] Construction standards and
				specifications shall be utilized as set forth in Subpart B of 35 Ill. Adm. Code
				506.
2) A new or modified earthen
				livestock waste lagoon constructed in a karst area shall be designed to prevent
				seepage of the stored material to groundwater. Owners or operators of proposed
				facilities shall 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
				(a), after July 13, 1999, no earthen livestock waste lagoon 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 (a), the existence of such 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 77/15 (a-5)(2)] Construction
				standards and specifications shall be utilized as set forth in Subpart B of 35
				Ill. Adm. Code 506.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart F - LAGOON LIVESTOCK WASTE HANDLING FACILITIES › Section 900.604 - Lagoon Construction, Registration, and Certification Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall inspect an earthen livestock waste lagoon during pre-construction,
				construction, and post-construction and shall require modifications when
				necessary to ensure the project will be in compliance with the requirements of
				this Part and 35 Ill. Adm. Code 506. [510
				ILCS 77/15(b) ]
b) The Department may, as a condition of the
				issuance of a livestock waste lagoon registration, conduct periodic site
				inspections of a livestock waste lagoon to assess its degree of compliance with
				the requirements of the Livestock Management Facilities Act [510 ILCS 77 ] and
				the requirements of this Part.
c)
				The Department shall conduct a certification inspection within 10 business days
				after receipt of the certification of compliance from the lagoon owner or
				operator pursuant to Section
				900.605(c)
				of this Subpart.
d) 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
				77/15(b) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart F - LAGOON LIVESTOCK WASTE HANDLING FACILITIES › Section 900.605 - Certification of Construction

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Upon completion of the liner construction or installation, the supervising
				Licensed Professional Engineer shall certify that the liner meets all the
				applicable requirements of Subpart B of 35 Ill. Adm. Code 506. Such
				certification shall be submitted to the Department prior to placing the lagoon
				in service and shall include supporting data and justification.
b) Upon completion of the construction or
				modification, but prior to placing the lagoon in service, the owner or operator
				of the livestock waste lagoon shall certify on a form provided by the
				Department that the lagoon has been constructed or modified in accordance with
				the standards set forth in subsection (a) of Section 15 of the Livestock
				Management Facilities Act [510 ILCS
				77/15 ] and the requirements of this Part and that the
				information provided on the registration form and other supporting documents as
				required by this Part is correct. The certification notice to the Department
				shall include a certification statement and signature. [510 ILCS
				77/15(b) ]
c) Within 10 business days after receipt of
				the certification of compliance, the Department shall inspect the lagoon site.
				The Department shall, within 5 business days after the date of inspection, send
				an official written notice by certified mail, return receipt requested, to the
				owner or operator of the facility indicating that all the requirements of
				Section 15 of the Livestock Management Facilities Act [510 ILCS 77/15] and this
				Subpart have been met or that deficiencies exist that must be corrected prior
				to the completion of the lagoon registration process and the placement of the
				lagoon into service. [510 ILCS
				77/15(b) ]
d) The owner or operator of the lagoon may
				proceed to place the lagoon in service after receipt of the Department's notice
				that all the requirements of Section 15 of the Livestock Management Facilities
				Act [510 ILCS 77/15] and this Subpart have been met. [510 ILCS
				77/15(b) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart F - LAGOON LIVESTOCK WASTE HANDLING FACILITIES › Section 900.609 - Odor Control

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Operators of livestock waste handling facilities shall practice odor control
				methods during the course of manure removal and field application. Odor control
				methods shall be those methods identified in the rules adopted pursuant to the
				Illinois Environmental Protection Act concerning agriculture related pollution
				as set forth in 35 Ill. Adm. Code
				501.405(b).
				[510 ILCS
				77/25(a) ]
b) Every single-stage livestock waste lagoon
				constructed after June 1, 1998 shall comply with the following operational
				guidelines:
1) In operation, the lagoon must
				be maintained at not less than the minimum design volume.
2) The livestock waste supply to the lagoon
				must be below the minimum design volume level. [510 ILCS
				77/25(b) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart F - LAGOON LIVESTOCK WASTE HANDLING FACILITIES › Section 900.610 - Ownership Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
Upon a change in ownership of a registered livestock waste
				  lagoon, the new owner shall notify, in writing, the Department of the change
				  within 30 working days after the closing of the transaction. [510 ILCS
				  77/15(e) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart F - LAGOON LIVESTOCK WASTE HANDLING FACILITIES › Section 900.611 - Monitoring Well Sampling, Analysis and Reporting Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) For lagoons
				required to install monitoring wells pursuant to 35 Ill. Adm. Code 506, the
				requirements of this Section shall be met.
b) Prior to placing the lagoon in service,
				water level measurements shall be made at each monitoring well to establish the
				local groundwater gradient at the lagoon site.
c) The owner or operator shall sample each
				monitoring well at least once prior to placing the lagoon in service and as
				least quarterly thereafter. Water table level elevation measurement shall be
				taken at each sampling event. The samples shall be collected and analyzed
				consistent with the methods specified in Section
				900.104(a)(1)
				and (a)(5) of this Part for each of the
				following:
1) Nitrate-nitrogen;
2) Phosphate-phosporpus;
3) Chloride;
4) Sulfate;
5) Ammonia-nitrogen;
6) Escherichia coli or fecal coliform;
				and
7) Fecal
				Streptococcus.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.701 - Scope, Applicability, and Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart provides procedures by which
				the owner of a new or modified livestock waste lagoon registered under the
				Livestock Management Facilities Act provides evidence of financial
				responsibility satisfying the requirements of Section 17 of the Livestock
				Management Facilities Act.
b)
				Owners of lagoons must comply with the financial responsibility requirements of
				this Part either:
1) on or before June 1,
				1999; or
2) before the lagoon is
				placed in service.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.702 - Mechanisms for Providing Evidence of Financial Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Financial
				responsibility may be evidenced by any combination of the following:
1) Commercial or private insurance;
2) Guarantee;
3) Surety bond;
4) Letter of credit;
5) Certificate of deposit or designated
				savings account; or
6)
				Participation in a livestock waste lagoon closure fund managed by the Illinois
				Farm Development Authority. [510 ILCS
				77/17 ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.703 - Level of Surety

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				level of surety is determined by the following formula:
Level of Surety = (V x CF) + EC
where:
V
=
Volume of the lagoon as constructed or modified, in
							 cubic feet, including the freeboard volume
CF
=
Cost factor determined pursuant to subsection (b) of
							 this Section
EC
=
Engineering contingency determined under subsection
							 (c) of this Section
b)
				The cost factor is obtained from the following:
1) Through December 31, 2002, the cost factor
				is 10 cents per cubic foot of lagoon volume.
2) On and after January 1, 2003 through
				December 31, 2007, the cost factor is 12 cents per cubic foot of lagoon
				volume.
3) On and after January 1,
				2008, the cost factor is 15 cents per cubic foot of lagoon volume.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.704 - Upgrading Surety Instrument

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner of a lagoon must increase the
				total amount of surety in place so as to equal the level of surety as
				calculated within 90 days after:
1) a
				modification resulting in an increase in the volume of the lagoon; or
2) an increase in the cost factor under
				Section
				900.703(b)
				of this Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.705 - Release of Lagoon Owner and Financial Institution

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department must release a lagoon owner
				from the requirements of this Subpart when:
1) The lagoon has been properly closed and a
				notification of closure completion pursuant to Section
				900.608 of this
				Part has been issued to the lagoon owner by the Department; or
2) A waiver has been granted by the
				Department to the lagoon owner allowing the lagoon to be used for an
				alternative purpose; or
3) Title of
				the property containing the lagoon has been transferred to a new owner and the
				new owner has posted financial assurance as required under Section
				900.702(c)
				of this Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.706 - Financial Responsibility Proceeds

Current through Register Vol. 48, No. 28, July 12, 2024
a) A financial institution issuing a surety
				instrument evidencing financial responsibility for closure of a livestock waste
				lagoon becomes liable on the surety instrument when a lagoon is removed from
				service and:
1) The owner fails to submit the
				lagoon closure plan required by Section
				900.608 of this
				Part and:
A) cannot be found; or
B) fails to cure such failure within 30 days
				after notice from the Department;
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.707 - Use of Multiple Surety Instruments

Current through Register Vol. 48, No. 28, July 12, 2024
a) The lagoon owner may use any combination
				of the surety instruments listed in Section 17 of the Livestock Management
				Facilities Act [510 ILCS
				77/17 ] and this Subpart to evidence the required
				level of financial responsibility.
b) A lagoon owner is not limited to
				maintaining financial responsibility with the original surety instrument or
				combination of instruments. The owner must notify the Department before making
				any change in surety instruments.
c) If a lagoon owner makes any change in
				surety instruments, the lagoon owner must maintain the total financial
				responsibility for the lagoon at a level not less (without counting the amounts
				to be released) than the level of surety.
d) A replacement surety instrument or
				instruments must provide evidence of financial responsibility for a period at
				least equal to the existing instrument or instruments. This provision does not
				relieve an owner of the obligation under Section
				900.702(b)
				of this Part to provide proof at least two years prior to expiration of a
				surety instrument that the term for which financial responsibility has been
				demonstrated has been extended for at least an additional year.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.708 - Use of a Single Surety Instrument for Multiple Lagoons

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner may use a surety instrument
				specified in this Subpart to provide evidence of financial responsibility for
				more than one lagoon.
b) Whenever a
				single surety instrument is used for multiple lagoons, the owner must submit an
				itemization to the Department identifying all lagoons covered by the surety
				instrument and the amount allocated to each lagoon.
c) The amount of funds available through the
				surety instrument must be no less than the sum of funds that would be available
				if a separate surety instrument had been established and maintained for each
				lagoon.
d) In directing funds
				available through a single surety instrument for the closure of any single
				lagoon covered by that surety instrument, the Department shall direct only the
				amount of funds designated for that lagoon, unless the owner agrees to allow
				the Department to use additional funds available under that surety instrument.
				Such an agreement does not affect the owner's obligation to provide evidence of
				financial responsibility up to the level of surety for all other
				lagoons.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.709 - Commercial or Private Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
a) A lagoon owner may provide evidence of
				financial responsibility for closure of a livestock waste lagoon by obtaining
				closure insurance that conforms to the requirements of this Subpart and
				submitting an executed duplicate original of such insurance policy to the
				Department.
b) The insurer must be
				licensed to transact the business of insurance by the Illinois Department of
				Insurance pursuant to the Illinois Insurance Code [215 ILCS 5 ].
c) The policy must be on forms approved by
				the Illinois Department of Insurance.
d) The closure insurance policy must
				guarantee that funds will be available to close the lagoon. The policy must
				also guarantee that, upon a notice of liability from the Department, the
				insurer will be responsible for paying out funds, up to an amount equal to the
				face amount of the policy, in accordance with Section
				900.706(c)
				of this Part.
e) The policy must
				provide that the insurer may not cancel or terminate the policy.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.710 - Guarantee

Current through Register Vol. 48, No. 28, July 12, 2024
a) A lagoon owner
				may provide evidence of financial responsibility for closure of a livestock
				waste lagoon by obtaining a guarantee that conforms to the requirements of this
				Subpart.
b) When a guarantee is
				initially established for a facility, a guarantor shall submit a financial
				statement to the Department from the guarantor's most recent fiscal year.
				Thereafter on an annual basis, the guarantor shall submit a financial statement
				to the Department within 90 days after the close of the guarantor's fiscal
				year.
c) The financial statement
				required pursuant to subsection (b) of this Section shall be provided to the
				Department in one of the following formats:
1) An audited financial statement;
				or
2) On a form provided by the
				Department, prepared by an accountant not employed by or possessing a financial
				interest in the livestock facility, and notarized.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.711 - Surety Bond

Current through Register Vol. 48, No. 28, July 12, 2024
a) A lagoon
				owner may provide evidence of financial responsibility for closure of a
				livestock waste lagoon by obtaining a surety bond that conforms to the
				requirements of this Subpart and submitting the bond to the
				Department.
b) The surety company
				issuing the bond must be licensed by the Illinois Department of Insurance
				pursuant to the Illinois Insurance Code [215 ILCS 5 ] and approved by the U.S.
				Department of the Treasury as an acceptable surety. Acceptable sureties are
				listed in Circular 570 from the U.S. Department of the Treasury.
c) The bond must guarantee that the lagoon
				owner will provide lagoon closure and content removal in accordance with
				Section
				900.608 of this
				Part.
d) The surety bond must be in
				substantially the form specified in Appendix A, Illustration A of this
				Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.712 - Letter of Credit

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				lagoon owner may provide evidence of financial responsibility for closure of a
				livestock waste lagoon by obtaining an irrevocable standby letter of credit
				that conforms to the requirements of this Subpart and submitting the letter to
				the Department.
b) The issuing
				institution must be an entity that has the authority to issue letters of credit
				and:
1) whose letter of credit operations are
				regulated by the Illinois Commissioner of Banks and Real Estate; or
2) whose deposits are insured by the Federal
				Deposit Insurance Corporation or the Federal Savings and Loan Insurance
				Corporation.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.713 - Certificate of Deposit or Designated Savings Account

Current through Register Vol. 48, No. 28, July 12, 2024
a) A lagoon owner may provide evidence of
				financial responsibility for closure of a livestock waste lagoon by designating
				certificates of deposit or savings accounts for use as financial
				responsibility.
b) The issuing or
				depository financial institution must be an entity whose deposits are insured
				by the Federal Deposit Insurance Corporation or the Federal Savings and Loan
				Insurance Corporation.
c) The
				Department may draw on the certificates of deposit or savings accounts to pay
				the costs of closing a lagoon in accordance with this subsection. The
				Department shall close a lagoon when the lagoon is removed from service and:
1) The owner fails to submit the lagoon
				closure plan required by Section
				900.608 of this
				Part and:
A) cannot be found; or
B) fails to cure such failure within 30 days
				after notice from the Department;