Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart E - LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN LAGOONS › Section 900.503 - Livestock Waste Handling Facilities Not Subject to the Public Informational Meeting Process

Current through Register Vol. 48, No. 28, July 12, 2024
For a livestock waste handling facility, other than a
				  livestock waste lagoon, that is not subject to the public informational meeting
				  process as outlined in Section 12 of the Livestock Management Facilities Act
				  [510 ILCS 77 ] and Subpart D of this Part, the following procedures shall be
				  followed:
a) For a new livestock waste
				handling facility, a site investigation shall be conducted in accordance with
				Subpart C of 35 Ill. Adm. Code 506 to determine whether aquifer material is
				considered present (or not present) within 5 feet of the planned bottom of the
				livestock waste handling facility, the proposed facility is located in the
				floodway or flood fringe of a 100-year floodplain, and the proposed facility is
				located in a karst area or within 400 feet of a natural depression in a karst
				area. A livestock waste handling facility owner may rely on guidance from the
				local soil and water conservation district, the Natural Resources Conservation
				Service of the United States Department of Agriculture, or the University of
				Illinois Cooperative Extension Service for soil type and associated
				information. [510
				ILCS 77/13(c) ]
b) A construction plan of the waste handling
				structure with design specifications of the structure noted as prepared by or
				for the owner or operator shall be filed with the Department at least 10
				calendar days prior to the anticipated dates of construction. [510
				ILCS 77/11(b) ] Construction
				standards and specifications shall be utilized as set forth in Subpart C of 35
				Ill. Adm. Code 506.
c) For a
				livestock waste handling facility required to conduct a site investigation
				pursuant to subsection (a) of this Section, the construction plan required
				pursuant to subsection (b) of this Section shall include a certification
				statement from the owner or operator on a form provided by the Department. The
				statement shall certify that the site investigation meets all the applicable
				requirements of subsection (a) of this Section and Subpart C of 35 Ill. Adm.
				Code 506, and whether aquifer material is considered present (or not present)
				within 5 feet of the planned bottom of the livestock waste handling facility,
				the proposed facility is located in the floodway or flood fringe of a 100-year
				floodplain, and the proposed facility is located in a karst area or within 400
				feet of a natural depression in a karst area. The statement shall be
				accompanied by supporting justification, data, and the results of the site
				investigation, all from a Licensed Professional Engineer or Licensed
				Professional Geologist or by a representative of the Natural Resources
				Conservation Service of the United States Department of Agriculture designated
				to perform such functions.
d) Upon
				receipt of the site investigation information, if required, and construction
				plan,the Department shall review the documents to determine if all information
				has been submitted or if clarification is needed. The Department shall, within
				15 calendar days after receipt of the construction plan, notify the owner or
				operator that construction may begin, if all applicable requirements of the
				Livestock Management Facilities Act [510 ILCS 77] and this Part have been met,
				or that clarification is needed. [510
				ILCS 77/11(b) ] No later than 15
				calendar days after receipt of the clarification information, the Department
				shall notify the owner or operator that construction may begin, if all
				applicable requirements of the Livestock Management Facilities Act and this
				Part have been met, or that additional clarification is needed.