Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart E - LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN LAGOONS › Section 900.505 - Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall inspect the construction site prior to construction, during construction,
				and within 10 business days following receipt of the certification of
				compliance, pursuant to Section
				900.506
				of this Subpart, to determine compliance with the construction standards and
				this Subpart. [510
				ILCS 77/13(g) ]
b) The person making any inspection shall
				comply with reasonable animal health protection procedures as requested by the
				owner, operator, or certified livestock manager.
c) The Department shall require modification
				or change when necessary to bring the construction into compliance with the
				standards as set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506.
				[510
				ILCS 77/13(h) ]
d) The person making the inspection shall
				discuss with the owner, operator, or certified livestock manager an evaluation
				of the livestock waste handling facility construction and shall provide on-site
				written recommendations to the owner, operator, or certified livestock manager
				of what modifications or changes are necessary or inform the owner, operator,
				or certified livestock manager that the facility meets the standards set forth
				in this Subpart and Subpart C of 35 Ill. Adm. Code 506. On the day of the
				inspection, the person making the inspection shall give the owner, operator, or
				certified livestock manager a written report of findings based on the
				inspection together with an explanation of remedial measures necessary to
				enable the livestock waste handling facility to meet the standards set forth in
				this Subpart and Subpart C of 35 Ill. Adm. Code 506. The Department shall,
				within 5 business days after the date of inspection, send an official written
				notice to the owner or operator of the livestock waste handling facility by
				certified mail, return receipt requested, indicating that the facility meets
				the standards set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506
				or identifying the remedial measures necessary to enable the livestock waste
				handling facility to meet the standards set forth in this Subpart and Subpart C
				of 35 Ill. Adm. Code 506. The owner or operator shall, within 10 business days
				after receipt of an official written notice of deficiencies, contact the
				Department to develop the principles of an agreement of compliance. The owner
				or operator and the Department shall enter into an agreement of compliance
				setting forth the specific changes to be made to bring the construction into
				compliance with the standards required under this Subpart and Subpart C of 35
				Ill. Adm. Code 506. If an agreement of compliance cannot be achieved, the
				Department shall issue a compliance order to the owner or operator outlining
				the specific changes to be made to bring the construction into compliance with
				the standards required under this Subpart and Subpart C of 35 Ill. Adm. Code
				506. The owner or operator can request an administrative hearing to contest the
				provisions of the Department's compliance order. [510
				ILCS 77/13(h) ]
e) If any owner or operator operates in
				violation of an agreement of compliance, the Department shall seek an
				injunction in circuit court to prohibit the operation of the facility until
				construction and certification of the livestock waste handling facility are in
				compliance with the provisions of this Subpart and Subpart C of 35 Ill. Adm.
				Code 506. [510
				ILCS 77/13(j) ]