Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 580 - PROCEDURES FOR REPORTING RELEASES OF LIVESTOCK WASTE › Section 580.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Terms used in this Part have the meaning specified in the
				Livestock Management Facilities Act [ 510 ILCS 77 ] or the Environmental
				Protection Act [ 415 ILCS 5 ]. The following terms have the meanings
				specified:
"Agency" means the Illinois Environmental Protection
				Agency.
"Controlled and recovered release" means any release
				that:
does not result in a discharge to waters of the State;
				and
has been controlled by diking or berming, or has been otherwise
				restricted in flow or extent; and
has been recovered so that the unrecovered portion of the
				released livestock waste is less than or equal to the agronomic application
				rate of the crop or vegetation grown at the site of the release.
"Department" means the Illinois Department of
				Agriculture.
"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 shall be
				considered a single livestock management facility. A livestock management
				facility at educational institutions, livestock pasture operations 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 this
Part
.
[
				510 ILCS
				77/10.30 ]
"Livestock waste" means livestock excreta and
				associated feed 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, shall be considered a single
				livestock waste handling facility.
[
				510 ILCS
				77/10.40 ]
"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 ]
"Release" means any spilling, leaking, pumping, pouring,
				emitting, emptying, discharging, injecting, escaping, leaching, dumping or
				disposing of livestock waste into the environment. For purposes of this Part, a
				release does not include the normal application of fertilizer such as the
				application of livestock waste to crop land at agronomic rates established by
				guidelines of the Agency, regulations of the Illinois Pollution Control Board
				or in a waste management plan developed pursuant to the Livestock Management
				Facilities Act [ 510 ILCS 77 ] and regulations promulgated thereunder for the
				crop grown. A release is not application to a grassed area or use of a runoff
				field application system under 35 Ill. Adm. Code
				501.404(d).
				Air emissions are not releases under this Part.
"Transportation equipment" means all structures and devices
				including but not limited to pipes, pumps, tanks, or containers, both mobile
				and non-mobile, used for conveying livestock waste to or from a livestock
				management facility or livestock waste handling facility.
"Waters" means all accumulations of water, surface and
				underground, natural, and artificial, public and private, or parts thereof,
				which are wholly or partially within, flow through, or border upon this
				State.
[
				415 ILCS 5/3.550 ]
For purposes of this Part, waters of the State do not include small
				temporary accumulations of surface water from precipitation or irrigation
				systems.
[
				510 ILCS
				77/18 ]