2

(1996)) establishing requirements for the siting, construction, and operation of livestock

management and waste handling facilities, and requiring the Department to propose rules to the

Board based on recommendations from a Livestock Management Facility Advisory Committee

(Advisory Committee). On November 21, 1996, the Department submitted proposed rules to

the Board which the Board adopted on May 15, 1997. See Livestock Waste Regulations, 35

Ill. Adm. Code 506 (May 15, 1997), R97-15(A). Currently included in Part 506 are standards

for the construction of livestock waste lagoons, the development of waste management plans,

the certification of livestock managers, and the implementation of setback distances. Rules for

lagoon financial surety were promulgated in a separate rulemaking. See Livestock Waste

Regulations, 35 Ill. Adm. Code 506 (November 12, 1998), R97-15(B).

The legislature has amended LMFA twice since the adoption of the Board’s Part 506

rules (see Pub. Act 90-565, eff. January 2, 1998; and Pub. Act 91-110, eff. July 13, 1999).

The amendments affected requirements for lagoons, such as secondary containment, public

informational meetings, waste release reporting, increased inspections, and odor control.

Other statutory amendments affected the notice of intent to construct filing, construction plan

approval for nonlagoon facilities, public informational meetings for nonlagoon facilities,

increased construction standards in environmentally sensitive areas, waste release reporting for

nonlagoon facilities, animal unit threshold reduction for waste management plan compliance,

and the inclusion of a phosphorus standard for livestock waste application fields.

The Board is required to adopt rules for the implementation of design and construction

standards for livestock waste handling facilities based upon a proposal from the Department

that considered recommendations from the Advisory Committee (510 ILCS 77/55 (1998)).

The Department, with input from the Advisory Committee, is required to develop rules for the

administrative implementation of all other aspects of LMFA.

The portions of the Board’s Part 506 rules, which contained administrative

requirements, served as a guide for the Department’s own development of the administrative

rules now found at 35 Ill. Adm. Code 900. As required by LMFA, the Department developed

these rules in consultation with the Advisory Committee. In accordance with the

Administrative Procedure Act (5 ILCS 100

et seq.

(1998)), the Department promulgated these

rules following a process of meetings, hearings, and extensive public input. The Department

filed final rules with the Secretary of State Index Division on November 30, 2000 (8 Ill. Adm.

Code 900), and the rules became effective on January 1, 2001. In this rulemaking, these rules

will be referred to as the Department’s Part 900 rules.

OVERVIEW OF THE RULES

These proposed rules establish design and construction standards for livestock waste

lagoons and livestock waste handling facilities other than lagoons (Subparts B and C). The

rules also amend or delete provisions now superseded by the Department’s Part 900 rules

(Subparts A, D, E, F, G). Following is a summary of the proposed changes to Part 506.

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3

Subpart A: General Provisions

In Subpart A, the Department seeks to: (1) clarify the applicability of these rules

(Section 506.101); (2) add new definitions in Section 506.103 (

i.e

., flood fringe, floodplain,

floodway, karst area, karstified carbonate bedrock, livestock shelter, void); (3) delete those

definitions in Section 506.103 that are now contained in the Department’s Part 900 rules (

i.e

.,

certified livestock manager, farm residence, nonfarm residence, occupied residence, populated

area, residence, serviced); (4) clarify certain definitions in Section 506.103 (

i.e

., animal unit,

as it relates to laying hens or broilers; livestock waste handling facilities, as it relates to

temporary animal housing; and new facility); and (5) delete the Section 506.105 recordkeeping

requirement as this requirement has been superceded by the Department’s Part 900 rules

(Section 900.105).

Subpart B: Standards for Livestock Waste Lagoons

In Subpart B, the Department proposes additions and deletions to the standards for

design and construction of livestock waste lagoons which would apply to any new or modified

lagoon designs that have not been approved by the Department prior to the effective date of

this Part (Section 506.201). Specifically, the Department proposes: (1) to require site

investigations to determine whether aquifer material is present, whether the site is within a

floodway or flood fringe, and whether the site is located in or near a karst area (Section

506.202); (2) to require additional standards where a lagoon is so located (Sections 506.204,

506.206, 506.207); (3) to add the lagoon design requirement that livestock waste supply to a

single-stage lagoon must be below the minimum design volume level; (4) to modify

requirements for the installation of groundwater monitoring wells, and delete monitoring

requirements now superceded by the Department’s Part 900 rules (Section 900.611); (5) to add

new standards for secondary containment requiring a grass waterway, filter strip, secondary

berm, or terrace (Section 506.208); and (6) to delete rules now superceded by the

Department’s Part 900 rules (

i.e.

, the registration requirement in Section 506.203, the

certification of construction requirement in Section 506.207, rules pertaining to the failure to

register or construct in accordance with standards in Section 506.208, and lagoon closure and

ownership transfer provisions in Section 506.209).

Subpart C: Standards for the Design and Construction of Livestock Waste Handling Facilities

Other Than Lagoons

In Subpart C, the Department proposes additions and deletions to the standards for

design and construction of livestock waste handling facilities other than lagoons which would

apply to any new or modified facility components that have not been approved by the

Department prior to the effective date of this Part (Section 506.301). Specifically, the

Department proposes: (1) to require site investigations to determine whether aquifer material

is present, whether the site is within a floodway or flood fringe, and whether the site is located

in or near a karst area (Section 506.302); (2) to add new requirements for non-lagoon waste

storage volume (Section 506.303); (3) to add new design and construction standards for

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4

livestock waste handling facilities (Section 506.304), and additional design and construction

standards for concrete, metal, earthen material, synthetic material, and wooden material

(Sections 506.305-506.309); (4) to add new design and construction standards for areas with

shallow aquifer material, flood fringe areas, and karst areas (Sections 506.310–506.312); and

(5) to delete rules pertaining to waste management plans as these rules are now superseded by

the Department’s Part 900 rules (Subpart H).

Subpart D: Certified Livestock Manager; Subpart E: Penalties; Subpart F: Financial

Responsibility; Subpart G: Setbacks; Appendix A: Surety Instruments

These Subparts are superseded by 8 Ill. Adm. Code 900, and accordingly, it is

proposed that the language be deleted.

The Board has also attached a cross reference chart that identifies, in 8 Ill. Adm. Code

900, the corresponding section from Part 506. This chart is included simply as a guide to

identifying the portions of the Part 506 which the Department incorporates into Part 900.

CONCLUSION

The Board moves the Department’s proposal to first notice today, without commenting

on the merits of that proposal. A hearing officer order will be issued shortly setting public

hearings and a public comment process on this proposal.

ORDER

The Board directs the Clerk to file with the Secretary of State the following proposed

rulemaking for publication in the

Illinois Register

.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE E: AGRICULTURE RELATED POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 506

LIVESTOCK WASTE REGULATIONS

SUBPART A: GENERAL PROVISIONS

Section

506.101 Applicability

506.102 Severability

506.103 Definitions

506.104 Incorporations by Reference

506.105 Recordkeeping (Repealed)

506.106 Alternatives, Modifications and Waivers

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5

SUBPART B: STANDARDS FOR THE DESIGN AND CONSTRUCTION OF LIVESTOCK

WASTE LAGOONS

Section

506.201 Applicability

506.202 Site Investigation

506.203 Registration (Repealed)

506.204 Lagoon Design Standards

506.205 Liner Standards

506.206 Groundwater Monitoring

506.207

 

Certification of Construction in a Karst Area

506.208 Failure to Register or Construct in Accordance with StandardsConstruction in a

Flood Fringe Area

506.209 Lagoon Closure and Ownership Transfer (Repealed)

506.210 Secondary Containment

SUBPART C: WASTE MANAGEMENT PLAN STANDARDS FOR THE DESIGN AND

CONSTRUCTION OF LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN

LAGOONS

Section

506.301 Purpose Applicability

506.302 Scope and Applicability Site Investigation

506.303 Waste Management Plan Contents Non-lagoon Livestock Waste Storage Volume

Requirements

506.304 Livestock Waste Volumes General Design and Construction Standards

506.305 Nutrient Content of Livestock Waste Additional Concrete Design and

Construction Standards

506.306 Adjustments to Nitrogen AvailabilityAdditional Metal Design and Construction

Standards

506.307

 

Targeted Crop Yield GoalAdditional Earthen Material Design and Construction

Standards

506.308

 

Additional Synthetic Material Design and Construction Standards

506.309 Nitrogen CreditsAdditional Wooden Material Design and Construction

Standards

506.310 Records of Waste DisposalAdditional Design and Construction Standards for

Construction in an Area with Shallow Aquifer Material

506.311 Approval of Waste Management PlansAdditional Design and Construction

Standards for Construction in a Flood Fringe Area

506.312 Sludge RemovalAdditional Design and Construction Standards for Construction

in a Karst Area

506.313 Plan Updates (Repealed)

506.314 Penalties (Repealed)

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6

SUBPART D: CERTIFIED LIVESTOCK MANAGER

Section

506.401 Applicability (Repealed)

SUBPART E: PENALTIES

Section

506.501 General (Repealed)

SUBPART F: FINANCIAL RESPONSIBILITY

Section

506.601 Scope, Applicability, and Definitions (Repealed)

506.602 Mechanisms for Providing Evidence of Financial Responsibility (Repealed)

506.603 Level of Surety (Repealed)

506.604 Upgrading Surety Instrument (Repealed)

506.605 Release of Lagoon Owner and Financial Institution (Repealed)

506.606 Financial Responsibility Proceeds (Repealed)

506.607 Use of Multiple Surety Instruments (Repealed)

506.608 Use of a Single Surety Instrument for Multiple Lagoons (Repealed)

506.610 Commercial or Private Insurance (Repealed)

506.611 Guarantee (Repealed)

506.612 Surety Bond (Repealed)

506.613 Letter of Credit (Repealed)

506.614 Certificate of Deposit or Designated Savings Account (Repealed)

506.615 Participation in a Livestock Waste Lagoon Closure Fund (Repealed)

506.620 Penalties (Repealed)

SUBPART G: SETBACKS

Section

506.701 Applicability (Repealed)

506.702 Procedures (Repealed)

506.703 Initial Determination of Setbacks (Repealed)

506.704 Penalties (Repealed)

APPENDIX A Surety Instruments (Repealed)

ILLUSTRATION A Surety Bond (Repealed)

ILLUSTRATION B Irrevocable Standby Letter of Credit (Repealed)

AUTHORITY: Authorized by Section 27 of the Environmental Protection Act [415 ILCS

5/27] and Section 55 of the Livestock Management Facilities Act and implementing the

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7

Livestock Management Facilities Act [510 ILCS 77].

SOURCE: Adopted in R97-15(A) at 21 Ill. Reg. 6851, effective May 20, 1997; amended in

R97-15(B) at 22 Ill. Reg.20605, effective November 12, 1998; amended in R01-28 at 25

Ill.Reg._______, effective _________.

SUBPART A: GENERAL PROVISIONS

Section 506.101 Applicability

This Subpart applies to 35 Ill. Adm. Code 506. The applicability of Subpart B, Standards for

the Design and Construction of Livestock Waste Lagoons, is set forth at Section 506.201 of

this Part. The applicability of Subpart C, Standards for the Design and Construction of

Livestock Waste Handling Facilities Other Than Lagoons Waste Management Plan, is set forth

at Section 506.301 506.302 of this Part. The applicability of Subpart D, Certified Livestock

Manager, is set forth at Section 506.401 of this Part. The applicability of Subpart F, Financial

Responsibility, is set forth at Section 506.601 of this Part. The applicability of Subpart G,

Setbacks, is set forth at Section 506.701 of this Part.

BOARD NOTE: Upon the effective date of this Part, the emergency rules at 35 Ill. Adm.

Code 505, Livestock Waste Regulations, will no longer apply. This Part will take the place of

those emergency rules. Additionally, the standards and specifications for the construction of

livestock waste handling facilities contained in this Part shall be used in conjunction with the

regulations at 8 Ill. Adm. Code 900.

(Source: Amended at 25 Ill. Reg. _____, effective _______)

Section 506.103 Definitions

Except as stated in this Section, or unless a different meaning of a word or term is clear from

the context, the definition of words or terms in this Part shall be the same as that applied to the

same words or terms in the Environmental Protection Act [415 ILCS 5] or the Livestock

Management Facilities Act [510 ILCS 77]. For the purposes of this Part, the terms included

herein shall have the following meanings:

“AGENCY” MEANS THE ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY. [510 ILCS 77/10.5]

“ANIMAL FEEDING OPERATION” MEANS A FEEDING OPERATION AS

DEFINED IN THE ILLINOIS ENVIRONMENTAL PROTECTION ACT AND THE

RULES PROMULGATED UNDER THAT ACT CONCERNING AGRICULTURE

RELATED POLLUTION. [510 ILCS 77/10.7]

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8

“ANIMAL UNIT” MEANS A UNIT OF MEASUREMENT FOR ANY ANIMAL

FEEDING OPERATION CALCULATED AS FOLLOWS:

BROOD COWS AND SLAUGHTER AND FEEDER CATTLE MULTIPLIED

BY 1.0.

MILKING DAIRY COWS MULTIPLIED BY 1.4.

YOUNG DAIRY STOCK MULTIPLIED BY 0.6.

SWINE WEIGHING OVER 55 POUNDS MULTIPLIED BY 0.4.

SWINE WEIGHING UNDER 55 POUNDS MULTIPLIED BY 0.03.

SHEEP, LAMBS, OR GOATS MULTIPLIED BY 0.1.

HORSES MULTIPLIED BY 2.0.

TURKEYS MULTIPLIED BY 0.02.

Laying hens or broilers multiplied by 0.005.

LAYING HENS OR BROILERS MULTIPLIED BY 0.01 (IF THE FACILITY

HAS CONTINUOUS OVERFLOW WATERING).

LAYING HENS OR BROILERS MULTIPLIED BY 0.03 (IF THE FACILITY

HAS A LIQUID MANURE HANDLING SYSTEM).

DUCKS MULTIPLIED BY 0.02. [510 ILCS 77/10.10]

For species of animals in an animal feeding operation not specifically listed in

this definition, the animal unit factor shall be determined by dividing the

average mature animal weight by 1,000. The average mature animal weight

shall be determined by the Department with the guidance from the University of

Illinois Cooperative Extension Service.

“Aquifer material” means sandstone that is five feet or more in thickness, or fractured

carbonate that is ten feet or more in thickness; or, sand, gravel, or sand and gravel, as

defined herein, such that there is at least two feet or more present within any five foot

section of a soil boring performed in accordance with Sections 506.202 and 506.302 of

this Part.

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9

“CERTIFIED LIVESTOCK MANAGER” MEANS A PERSON THAT HAS BEEN

DULY CERTIFIED BY THE DEPARTMENT AS AN OPERATOR OF A

LIVESTOCK WASTE HANDLING FACILITY. [510 ILCS 77/10.15]

“DEPARTMENT” MEANS THE ILLINOIS DEPARTMENT OF AGRICULTURE.

[510 ILCS 77/10.20]

.

“FARM RESIDENCE” MEANS ANY RESIDENCE ON A FARM OWNED OR

OCCUPIED BY THE FARM OWNERS, OPERATORS, TENANTS, OR

SEASONAL OR YEAR-ROUND HIRED WORKERS. FOR PURPOSES OF THIS

DEFINITION, A “FARM” IS THE LAND, BUILDINGS, AND MACHINERY

USED IN THE COMMERCIAL PRODUCTION OF FARM PRODUCTS, AND

"FARM PRODUCTS" ARE THOSE PLANTS AND ANIMALS AND THEIR

PRODUCTS WHICH ARE PRODUCED OR RAISED FOR COMMERCIAL

PURPOSES AND INCLUDE BUT ARE NOT LIMITED TO FORAGES AND SOD

CROPS, GRAINS AND FEED CROPS, DAIRY AND DAIRY PRODUCTS,

POULTRY AND POULTRY PRODUCTS, LIVESTOCK, FRUITS, VEGETABLES,

FLOWERS, SEEDS, GRASSES, TREES, FISH, HONEY AND OTHER SIMILAR

PRODUCTS, OR ANY OTHER PLANT, ANIMAL, OR PLANT OR ANIMAL

PRODUCT WHICH SUPPLIES PEOPLE WITH FOOD, FEED, FIBER, OR FUR.

[510 ILCS 77/10.23]

“Flood fringe” means that portion of the floodplain outside the floodway.

“Floodplain” means that land adjacent to a body of water with ground surface

elevations at or below the 100-year frequency flood elevation.

“Floodway”, for the six counties including Cook, DuPage, Kane, Lake, McHenry and

Will, means THE CHANNEL AND THAT PORTION OF THE FLOODPLAIN

ADJACENT TO A STREAM OR WATERCOURSE as designated by the Illinois

Department of Natural Resources pursuant to Section 18g of the Rivers, Lakes, and

Streams Act [615 ILCS 5/18g], WHICH IS NEEDED TO STORE AND CONVEY

THE anticipated future 100-YEAR FREQUENCY FLOOD DISCHARGE with no

more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage,

and no more than a 10% increase in velocities. [615 ILCS 5/18g(d)(1)] For the

remaining 96 counties, “Floodway” means the channel of a river, lake or stream and

that portion of the adjacent land area that is needed to safely store and convey flood

waters. Where floodways have been delineated for regulatory purposes, the mapped

lines show the floodway encroachment limits and will be used. For other areas,

floodway limits will be estimated, using hydrologic and hydraulic calculations, to

preserve adequate conveyance and storage so that stage increases for the 100-year

frequency flood would not exceed 0.1 foot.

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10

“Gravel” or “Sand and gravel” means unconsolidated materials that contain a matrix

(particles of two millimeters or less) that is consistent with the definition of “sand” and

particles larger than two millimeters in size.

“KARST AREA” MEANS AN AREA WITH A LAND SURFACE CONTAINING

SINKHOLES, LARGE SPRINGS, DISRUPTED LAND DRAINAGE, AND

UNDERGROUND DRAINAGE SYSTEMS ASSOCIATED WITH KARSTIFIED

CARBONATE BEDROCK AND CAVES OR A LAND SURFACE WITHOUT

THESE FEATURES BUT CONTAINING A KARSTIFIED CARBONATE

BEDROCK UNIT GENERALLY OVERLAIN BY LESS THAN 60 FEET OF

UNCONSOLIDATED MATERIALS. [510 ILCS 77/10.24]

“KARSTIFIED CARBONATE BEDROCK” MEANS A CARBONATE BEDROCK

UNIT (LIMESTONE OR DOLOMITE) THAT HAS A PRONOUNCED CONDUIT

OR SECONDARY POROSITY DUE TO DISSOLUTION OF THE ROCK ALONG

JOINTS, FRACTURES, OR BEDDING PLAINS. [510 ILCS 77/10.26]

“LAGOON” or “Earthen livestock waste lagoon” MEANS ANY EXCAVATED,

DIKED, OR WALLED STRUCTURE OR COMBINATION OF STRUCTURES

DESIGNED FOR BIOLOGICAL STABILIZATION AND STORAGE OF

LIVESTOCK WASTES. A LAGOON DOES NOT INCLUDE STRUCTURES SUCH

AS MANUFACTURED SLURRY STORAGE STRUCTURES OR PITS UNDER

BUILDINGS AS DEFINED IN RULES UNDER THE ENVIRONMENTAL

PROTECTION ACT CONCERNING AGRICULTURE RELATED POLLUTION.

[510 ILCS 77/10.25]

“LICENSED PROFESSIONAL ENGINEER” MEANS A PERSON, CORPORATION

OR PARTNERSHIP LICENSED UNDER THE LAWS OF THE STATE OF

ILLINOIS TO PRACTICE PROFESSIONAL ENGINEERING. [415 ILCS 5/57.2]

“LICENSED PROFESSIONAL GEOLOGIST” MEANS AN INDIVIDUAL WHO IS

LICENSED UNDER the laws of the State of Illinois TO ENGAGE IN THE

PRACTICE OF PROFESSIONAL GEOLOGY IN ILLINOIS. [225 ILCS 745/15]

“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.

LIVESTOCK MANAGEMENT Facilities AT EDUCATIONAL INSTITUTIONS,

LIVESTOCK PASTURE OPERATIONS, facilities WHERE ANIMALS ARE

HOUSED ON A TEMPORARY BASIS SUCH AS COUNTY AND STATE FAIRS,

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11

LIVESTOCK SHOWS, RACE TRACKS, AND HORSE BREEDING AND FOALING

FARMS, AND MARKET HOLDING FACILITIES ARE NOT SUBJECT TO THE

Livestock Management Facilities Act or the requirements of this Part. [510 ILCS

77/10.30]

“Livestock shelter” means any covered structure, including but not limited to livestock

houses or barns, in which livestock are enclosed at any time.

“LIVESTOCK WASTE” MEANS LIVESTOCK EXCRETA AND ASSOCIATED

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] Livestock waste handling facilities at

educational institutions, livestock pasture operations, facilities where animals are

housed on a temporary basis, such as county and state fairs, livestock shows, race

tracks, and horse breeding an foaling farms, and market holding facilities, are not

subject to the Livestock Management Facilities Act or the requirements of this Part.

“Maintained” means, with reference to a livestock waste lagoon, that the livestock

waste lagoon is inspected (including but not limited to inspection for burrow holes,

trees and woody vegetation, proper freeboard, erosion, settling of berm, berm top

integrity, leaks, and seepage) and preventive action is taken as necessary to assure the

integrity of the lagoon and its berm and associated appurtenances.

“MODIFIED” MEANS STRUCTURAL CHANGES TO A LAGOON THAT

INCREASE ITS VOLUMETRIC CAPACITY. [510 ILCS 77/10.43]

“NEW FACILITY” MEANS A LIVESTOCK MANAGEMENT FACILITY OR A

LIVESTOCK WASTE HANDLING FACILITY THE CONSTRUCTION OR

EXPANSION OF WHICH IS COMMENCED ON OR AFTER May 21, 1996 (THE

EFFECTIVE DATE OF THE Livestock Management Facilities ACT). EXPANDING

A FACILITY WHERE THE FIXED CAPITAL COST OF THE NEW

COMPONENTS CONSTRUCTED WITHIN A 2-YEAR PERIOD DOES NOT

EXCEED 50% OF THE FIXED CAPITAL COST OF A COMPARABLE ENTIRELY

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12

NEW FACILITY SHALL NOT BE DEEMED A NEW FACILITY AS USED IN THE

Livestock Management Facilities ACT. [510 ILCS 77/10.45] For facilities that have

ceased operation on or after July 13, 1999, COMMENCEMENT OF OPERATIONS

AT A FACILITY THAT HAS LIVESTOCK SHELTERS LEFT INTACT AND THAT

HAS COMPLETED THE REQUIREMENTS IMPOSED UNDER Section 13(k) of the

Livestock Management Facilities Act [510 ILCS 77/13(k)] and Section 900.508 of 8 Ill.

Adm. Code 900 AND THAT HAS BEEN OPERATED AS A LIVESTOCK

MANAGEMENT FACILITY FOR 4 CONSECUTIVE MONTHS AT ANY TIME

WITHIN THE PREVIOUS 10 YEARS SHALL NOT BE CONSIDERED A NEW OR

EXPANDED LIVESTOCK MANAGEMENT OR WASTE HANDLING FACILITY.

[510 ILCS 77/13(k)] For facilities that have ceased operation prior to July 13, 1999,

commencement of operations at a facility that has livestock shelters left intact and that

has been operated as a livestock management facility or livestock waste handling

facility for 4 consecutive months at any time with the previous 10 years shall not be

considered a new or expanded livestock management or waste handling facility.

“NON-FARM RESIDENCE” MEANS ANY RESIDENCE WHICH IS NOT A FARM

RESIDENCE. [510 ILCS 77/10.47]

“Occupied residence” means a house or other type of shelter that is intended or used

for human occupancy and has been occupied by humans for more than a total of six

months in the last two years at that location. For the purposes of this definition,

“intended or used for human occupancy” means running water and sanitation are

provided within the residence.

“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]

“Placed in service” means the placement of livestock waste in a livestock waste

handling facility upon the completion of construction or modification in accordance

with the requirements of this Part.

“POPULATED AREA” MEANS ANY AREA WHERE AT LEAST 10 INHABITED

NON-FARM RESIDENCES ARE LOCATED OR WHERE AT LEAST 50

PERSONS FREQUENT A COMMON PLACE OF ASSEMBLY OR A NON-FARM

BUSINESS AT LEAST ONCE PER WEEK. [510 ILCS 77/10.60] The existence of a

populated area shall be determined by identifying the area around the livestock

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13

management or livestock waste handling facility delineated by a distance equal to the

applicable setback distance and identifying the number of residences or the existence of

a non-farm business or the existence of a common place of assembly within that area.

For the purpose of setback requirements, common places of assembly or non-farm

businesses include but are not limited to churches, hospitals, schools, day care centers,

manufacturing companies, land managed for recreational or conservation purposes,

museums, camps, parks, retail and wholesale facilities, and shopping centers. A

common place of assembly or a non-farm business includes places that operate less

than 52 weeks per year, such as schools with seasonal vacation periods and businesses

or other places which experience seasonal shutdowns, and parks, camps, and

recreational areas which experience seasonal shutdowns or reduced attendance during a

portion of the calendar year, provided that such places are frequented by at least 50

persons at least once per week during the portions of the year when seasonal

shutdowns or reductions in attendance do not occur.

“Residence” means a house or other structure, including all attachments to the house

or structure, which is used as a place of human habitation.

“Sand” means unconsolidated materials, where 70% or more of the particles are of size

0.06 millimeters to 2.00 millimeters, and which according to the USDA soil texture

classification scheme includes soil textures of sand, and loamy sand, and portions of

sandy loam and sandy clay loam.

“Serviced” means, with reference to a livestock waste lagoon, that corrective action is

taken as necessary to assure the integrity of the lagoon and its berm and associated

appurtenances, including but not limited to removal or repair of burrow holes, trees

and woody vegetation, freeboard level, erosion, settling of berm, berm top

maintenance, leaks, and seepage.

“Void” means an underground opening generally produced by dissolution of rock in a

karst area.

(Source: Amended at 25 Ill. Reg. _____, effective _______)

Section 506.104 Incorporations by Reference

a) The Board incorporates the following materials by reference:

1) APHA. American Public Health Association, 1015 Fifteenth Street, NW,

Washington, DC 20005, (202) 789-5600, “Standard Methods for the

Examination of Water and Wastewater”, 19th Edition, 1995.

2) ASAE. American Society of Agricultural Engineers, 2950 Niles Road, St.

Joseph, MI 49085-9659, (616) 429-5585:

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14

“Manure Storages”, ASAE Standards 1998, ASAE EP393.2, December 1997,

pp. 649-652.

“Design of Anaerobic Lagoons for Animal Waste Management”, ASAE

Standards 1992, ASAE EP403.1, 1992, pp. 498-500.

“Design of Anaerobic Lagoons for Animal Waste Management”, ASAE

Standards 1998 1993, ASAE EP403.2, August 1993, pp. 656-659 543-546.

3) IDNR-ISGS. Illinois Department of Natural Resources-Illinois State Geological

Survey, 615 E. Peabody Drive, Champaign, IL 61820-6964, (217) 333-4747,

“Karst Terrains and Carbonate Rocks of Illinois”, Illinois Map 8, 1997.

4) MWPS. MidWest Plan Service, 122 Davidson Hall, Iowa State University,

Ames, IA 50011-3080, (515) 294-4337:

“Livestock Waste Facilities Handbook” MWPS-18, 3rd Edition, 1993.

“Concrete Manure Storages Handbook” MWPS-36, 1st Edition, 1994.

“Circular Concrete Manure Tanks” Technical Resource TR-9, March 1998.

5)3)

NTIS. National Technical Information Service, 5285 Port Royal Road,

Springfield, VA 22161, (703) 487-4600, “Methods for the Determination of

Inorganic Substances in Environmental Samples”, EPA Publication No. EPA-

600/R-93/100 (August 1993), Doc. No. PB 94-120821.

6)4)

USDA-NRCS. United States Department of Agriculture - Natural Resources

Conservation Service, 1902 Fox Drive, Champaign, IL 61820:

“Waste Holding Pond”, Illinois Field Office Technical Guide, Section IV,

IL425, p. 5, June 1992.

“Waste Storage Structure”, Illinois Field Office Technical Guide, Section IV,

IL313, p. 6, June 1992.

“Waste Treatment Lagoon”, Illinois Field Office Technical Guide, Section IV,

IL359, p. 5, June 1992.

b) This Section incorporates no later amendments or editions, but does include errata

sheets specific to the referenced document.

(Source: Amended at 25 Ill. Reg. _____, effective _______)

Section 506.105 Recordkeeping ( Repealed)

a) The Department shall maintain a file for all facilities registering or otherwise filing

documents with the Department under these regulations.

b) The file shall contain all registration materials, along with all supporting data and

justifications, records of Department certification and determinations, groundwater

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15

monitoring results (if required), waste management plans (if required), and any other

information submitted to the Department by the owner or operator of a facility.

c) Copies of materials in the file for a registered facility shall be available for public

inspection.

(Source: Amended at 25 Ill. Reg. _____, effective _______)

Section 506.106 Alternatives, Modifications and Waivers

a) All requests for alternatives, modifications, and waivers to these regulations, where

allowed by Sections 13(e) and 15(a) of the Act [510 ILCS 77/13(e),15(a)] 15(a) and (e)

of the Act [510 ILCS 77/15(a),(e)] or this Part (Sections 506.202(d), 506.204(h),

506.205(f), 506.206(j), 506.209(a)(2)) shall be made in writing to the Department.

Construction may not begin or continue until the request for alternative, modification,

or waiver is granted.

b) Each request for an alternative, modification, or waiver shall contain a certification

from a Licensed Professional Engineer or Licensed Professional Geologist, as relevant,

that the grant of the modification is at least as protective of the groundwater, surface

water and the structural integrity of the livestock waste management facility as the

stated requirements or that the alternative or waiver is at least as protective as the stated

requirements.

c) The Department shall notify the applicant in writing of its determination within 30 days

after receipt of the request for an alternative, modification, or waiver. To grant the

requested alternative, modification, or waiver, the Department must determine that the

modification is at least as protective of the groundwater, surface water and the

structural integrity of the livestock waste management facility as the stated requirements

or that the alternative or waiver is at least as protective as the stated requirements.

(Source: Amended at 25 Ill. Reg. _____, effective _______)

SUBPART B: STANDARDS FOR THE DESIGN AND CONSTRUCTION OF LIVESTOCK

WASTE LAGOONS

Section 506.201 Applicability

This Subpart shall apply to any new or modified lagoon, the design of which has not been

approved by the Department prior to the effective date of this Part. The standards and

specifications for livestock waste lagoon construction contained in this Subpart shall be utilized

in the design plans and construction of the lagoon in accordance with the registration of

lagoons required in Subpart F of 8 Ill. Adm. Code 900.

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16

a) This Subpart applies to any lagoon that is new or modified and has not been placed in

service as of the effective date of this Part.

b) For the purposes of this Subpart the number of animal units at a livestock management

facility is the maximum design capacity of the livestock management facility.

c) In addition, a lagoon registered and certified pursuant to the emergency rules adopted in

R97-14 at 20 Ill. Reg. 14903, effective October 31, 1996 and the emergency rules

adopted in R97-14 at 21 Ill. Reg. 4313, effective March 31, 1997, shall be considered

as registered and certified pursuant to this Subpart.

(Source: Amended at 25 Ill. Reg. _____, effective _______)

Section 506.202 Site Investigation

a) The owner or operator of a new or modified livestock waste lagoon constructed

pursuant to this Subpart shall conduct a site investigation in accordance with the

requirements of this Section to determine the following: if aquifer material is present

(or not present) within 50 feet of the planned bottom of the lagoon.

1) Whether aquifer material is considered present (or not present) within 50 feet of

the planned bottom of the lagoon;

2) Whether the proposed lagoon is to be located within the floodway or flood

fringe of a 100-year floodplain; and

3) Whether the proposed lagoon is to be located within a karst area or within 400

feet of a natural depression in a karst area.

b) The owner or operator shall perform one or more soil borings which shall be located

within the final lagoon area or within 20 feet of the final exterior berm toe. The boring

shall be performed to determine the presence of aquifer material or karstified carbonate

bedrock as follows:

1) The soil boring shall extend to a depth that includes 50 feet below from the

planned bottom of lagoon native soil or to bedrock;

2) If bedrock is encountered, additional soil borings may be necessary to verify the

presence of aquifer material or karstified carbonate bedrock;

3) Continuous samples shall be recovered from each soil boring to ensure that no

gaps occur in the sample column; and

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17

4) Upon completion, the boring(s) shall be properly abandoned and sealed pursuant

to the Illinois Water Well Construction Code at 77 Ill. Adm. Code 920.120.

c) If the Department determines that additional soil borings are necessary to ensure the

protection of the groundwater, surface water or and the structural integrity of the

livestock waste management facility, the Department shall require additional soil

borings.

d) As an alternative to performing the soil boring(s) required under subsection (b) or (c) of

this Section, the owner or operator of the a livestock waste lagoon may propose to the

Department to utilize alternative information source(s). The Department shall evaluate

the proposal; shall determine whether the alternative information source(s) will result in

a site investigation that will be at least as protective of the groundwater, surface water

and the structural integrity of the livestock waste management facility as would have

resulted from data resulting from soil borings; and shall notify the owner or operator of

the Department’s finding.

e) Notwithstanding the other requirements of this Subpart, if the site investigation

determines that the lagoon is to be located in the flood fringe of a 100-year floodplain,

the design of the lagoon shall include the additional requirements of Section 506.206 of

this Subpart.

f) If the results of the soil boring conducted pursuant to Section 506.202(b) of this Subpart

indicate the proposed lagoon is to be located in a karst area or if the proposed lagoon is

to be located within an area designated as “Sink hole areas” on “Karst Terrains and

Carbonate Rocks of Illinois”, IDNR-ISGS Illinois Map 8, the following requirements

shall be met:

1) The Department shall conduct a visual inspection of the surrounding area to

determine the presence of natural depressions during the pre-construction site

inspection as required pursuant to 8 Ill. Adm. Code 900.604(a). Construction

may not occur within 400 feet of a natural depression in a karst area; and

2) The Licensed Professional Engineer or Licensed Professional Geologist shall

evaluate the results of the soil boring conducted pursuant to subsection (b) of

this Section. If, as a result of the soil boring, a void of 1 foot or greater in

vertical distance is discovered, the following requirements shall be met:

A) The Department may require additional borings to determine the extent

of the void;

B) Notwithstanding the other requirements of this Subpart, the owner or

operator shall submit to the Department a plan for the design of the

lagoon which shall include the additional design requirements as set forth

in Section 506.207 of this Part and shall include any additional design

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18

requirements deemed necessary by the Licensed Professional Engineer;

and

C) The Department shall review and approve the plan required pursuant to

subsection (f)(2)(B) of this Section prior to construction. The

Department may also require additional design criteria before the plan is

approved and construction may begin.

If, as a result of the soil boring, no voids of 1 foot or greater in vertical distance

are discovered, the design shall include the additional requirements as set forth

in Section 506.207 of this Subpart.

g)e)

The site investigation in accordance with subsection (b), (c), or (d), (e), or (f) of this

Section shall be conducted under the direction of a Licensed Professional Engineer or

Licensed Professional Geologist. Upon completion of the site investigation as required

under subsection (b), (c) or (d) of this Section, the supervising Licensed Professional

Engineer or Licensed Professional Geologist shall certify that the site investigation

meets all the applicable requirements of this Section, and whether aquifer material shall

be considered present (or not present) within 50 feet of the planned bottom of the

lagoon in accordance with Section 506.203 of this Part. Such certification shall include

all supporting data and justification.

(Source: Amended at 25 Ill. Reg. _____, effective _______)

Section 506.203 Registration (Repealed)

a) Prior to new construction or modification of ANY EARTHEN LIVESTOCK WASTE

LAGOON AFTER THE EFFECTIVE DATE OF this Part, such earthen livestock

waste lagoon SHALL BE REGISTERED BY THE OWNER OR OPERATOR WITH

THE DEPARTMENT ON A FORM PROVIDED BY THE DEPARTMENT in

accordance with the requirements of this Section. LAGOONS CONSTRUCTED

PRIOR TO THE EFFECTIVE DATE OF this Part MAY REGISTER WITH THE

DEPARTMENT AT NO CHARGE. [510 ILCS 77/15(b)]

b) The registration form, accompanied by a $50 fee, shall include the following:

1) NAME(S) AND ADDRESS(ES) OF THE OWNER AND OPERATOR WHO

ARE RESPONSIBLE FOR THE LIVESTOCK WASTE LAGOON;

2) GENERAL LOCATION OF LAGOON;

3) DESIGN CONSTRUCTION PLANS AND SPECIFICATIONS (including a

lagoon plot plan with dimensions and elevations);

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19

4) SPECIFIC LOCATION INFORMATION (noted on a facility site map or the

lagoon plot plan):

A) The location and DISTANCE TO the nearest PRIVATE OR PUBLIC

POTABLE WELL;

B) The location and DISTANCE TO THE CLOSEST OCCUPIED

PRIVATE RESIDENCE (OTHER THAN ANY OCCUPIED BY the

OWNER OR OPERATOR);

C) The location and DISTANCE TO THE NEAREST STREAM;

D) The location and DISTANCE TO THE NEAREST POPULATED

AREA;

E) The location and distance to the nearest abandoned or plugged well,

drainage well or injection well; and

F) The location of any subsurface drainage lines within 100 feet of the

lagoon;

5) ANTICIPATED BEGINNING AND ENDING DATES OF LAGOON

CONSTRUCTION;

6) TYPE OF LIVESTOCK AND NUMBER OF ANIMAL UNITS;

7) A certification by the supervising Licensed Professional Engineer or Licensed

Professional Geologist, accompanied by supporting justification and data,

certifying that the site investigation meets all the applicable requirements of

Section 506.202 of this Part, whether aquifer material is considered present (or

not present) within 50 feet of the planned bottom of the lagoon; and

8) Where applicable, a copy of the synthetic liner manufacturer’s compatibility

statement and liner maintenance guidelines. [510 ILCS 77/15(b)]

c) THE DEPARTMENT UPON RECEIPT OF A LIVESTOCK WASTE LAGOON

REGISTRATION FORM SHALL REVIEW THE FORM TO DETERMINE THAT

ALL REQUIRED INFORMATION HAS BEEN PROVIDED. THE PERSON

FILING THE REGISTRATION SHALL BE NOTIFIED WITHIN 15 WORKING

DAYS of receipt by the Department THAT REGISTRATION IS COMPLETE OR

THAT CLARIFICATION INFORMATION IS NEEDED. NO LATER THAN 10

WORKING DAYS AFTER THE RECEIPT OF THE CLARIFICATION

INFORMATION, THE DEPARTMENT SHALL NOTIFY THE OWNER OR

OPERATOR THAT REGISTRATION IS COMPLETE or that additional clarification

information is needed. [510 ILCS 77/15(b)]

d) 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. THE PERSON MAKING ANY

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20

INSPECTION SHALL COMPLY WITH REASONABLE ANIMAL HEALTH

PROTECTION PROCEDURES AS REQUESTED BY THE OWNER OR

OPERATOR. [510 ILCS 77/15(b)]

e) CONSTRUCTION SHALL NOT BEGIN UNTIL 30 DAYS AFTER SUBMITTAL OF

A REGISTRATION FORM BY CERTIFIED MAIL TO THE DEPARTMENT. [510

ILCS 77/15(b)]

(Source: Repealed at 25 Ill. Reg. ______, effective _______.)

Section 506.204 Lagoon Design Standards

a) The owner or operator of ANY LIVESTOCK WASTE LAGOON SUBJECT TO this

Subpart Part SHALL CONSTRUCT OR MODIFY the lagoon IN ACCORDANCE

WITH:

1) “DESIGN OF ANAEROBIC LAGOONS FOR ANIMAL WASTE

MANAGEMENT”, ASAE Engineering Practice 403.1, as updated by ASAE

Engineering Practice 403.2; OR THE GUIDELINES PUBLISHED BY THE

UNITED STATES DEPARTMENT OF AGRICULTURE’S NATURAL

RESOURCE CONSERVATION SERVICE TITLED “WASTE TREATMENT

LAGOON”, which are incorporated by reference in 35 Ill. Adm. Code 506.104;

and

2) The additional design standards specified in subsections (c) through (h) of this

Section. [510 ILCS 77/15(a)]

b) THE DEPARTMENT MAY REQUIRE CHANGES IN DESIGN OR ADDITIONAL

REQUIREMENTS TO PROTECT GROUNDWATER, SUCH AS EXTRA LINER

DEPTH OR SYNTHETIC LINERS, WHEN IT APPEARS GROUNDWATER

COULD BE IMPACTED. [510 ILCS 77/15(a)]

c) The owner or operator shall conduct a site investigation in accordance with Section

506.202 of this Part to determine if aquifer material is present (or not present) within

50 feet of the planned bottom of the lagoon.

d) The owner or operator shall, as a part of the lagoon design, include the use of a liner

and implement groundwater monitoring in accordance with following conditions:

1) If the uppermost aquifer material is located above or within 20 feet of the lowest

point of the planned lagoon bottom (as measured from the top of any proposed

liner), then the lagoon design shall include both a liner and groundwater

monitoring.

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21

2) If the uppermost aquifer material is located between 20 to 50 feet from the

lowest point of the planned lagoon (as measured from the top of any proposed

liner), then the lagoon design shall include a liner, but no groundwater

monitoring is required.

3) If no aquifer material is located within 50 feet from the lowest point of the

planned lagoon (as measured from the top of any proposed liner), then the

lagoon design shall require neither a liner nor groundwater monitoring.

e) If the owner or operator determines that a liner is required for the lagoon pursuant to

this Section, the design of the lagoon shall include an in-situ soil liner, borrowed clay

or clay/bentonite mixture, or a synthetic liner meeting the requirements of Section

506.204 506.205 of this Part.

f) If the owner or operator determines that groundwater monitoring is required for the

lagoon pursuant to this Section, the design of the lagoon shall include the

implementation of a groundwater monitoring program in accordance with Section

506.205 506.206 of this Part and Subpart F of 8 Ill. Adm. Code 900.

g) Any livestock waste lagoon subject to the provisions of this Part shall meet or exceed

the following:

1) Berm:

A) The minimum bermtop width shall be 8 feet;

B) The berm may contain no outlet piping that extends through the berm

unless the piping discharges to another lagoon or is a component of a

recirculating flush system;

2) Berm slope:

A) Exterior and normally exposed interior (above the liquid level elevation

corresponding to the summation of the sludge volumes and minimum

design volume) earthen walls shall have side slopes not steeper than a 3

to 1 ratio of horizontal to vertical and a vegetative cover shall be

established on any exposed berm areas and kept mowed or otherwise

maintained to eliminate erosion or other berm deterioration;

B) Interior berm earthen walls below the liquid level elevation

corresponding to the summation of the sludge volumes and minimum

design volume shall have side slopes not steeper than a 3 to 1 ratio of

horizontal to vertical; or a 2 to 1 ratio of horizontal to vertical if

designed by a Licensed Professional Engineer and maintained to

eliminate berm deterioration;

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22

3) The lagoon’s total design volume shall be not less than the volume calculated as

the summation of the following:

A) A minimum design volume, as calculated pursuant to subsection 5.4.1.1,

ASAE EP403.2, ASAE Standards 1998 1993, pp. 656-659 543-545;

B) A livestock waste volume, which shall be sufficient to store the waste

generated by the facility for a period not less than 270 days as

determined in accordance with ASAE EP403.2, ASAE Standards 1998

1993, p. 656 543;

C) Runoff and wash down volumes, based on a 6-inch rainfall covering the

lagoon surface and any other areas such as open lots, roofs or other

surfaces where collected precipitation is directed into the lagoon plus the

volume of

any wash down liquids utilized within the facility which are also directed

into the lagoon; and

D) A sludge accumulation volume, as calculated pursuant to subsection

5.4.1.4, ASAE EP403.2, ASAE Standards 1998 1993, p. 658 545;

4) In addition to the lagoon’s total design volume, a freeboard shall be provided as

follows:

A) For lagoons serving a livestock management facility with a maximum

design capacity of less than 300 animal units and not collecting runoff

from areas other than the exposed surface of the lagoon (including

associated interior berm slopes and flat bermtop areas), the top of the

settled embankment shall be not less than 1 foot above the fluid surface

level of the lagoon total design volume; or

B) For all other lagoons, the top of the settled embankment shall be not less

than 2 feet above the fluid surface level of the lagoon total design

volume;

5) Subsurface drainage lines in the immediate area of the livestock waste lagoon

shall be removed or relocated to provide for a minimum separation distance of

not less than 50 feet between the outermost extent of the lagoon (exterior toe of

the berm) and the subsurface drainage line;

6) The minimum separation distance between the outermost extent of a lagoon

(exterior toe of the berm) and any potential route of groundwater contamination,

as defined in the Illinois Environmental Protection Act [415 ILCS 5] shall be not

less than 100 feet. In addition, the minimum separation distance between the

outermost extent of a lagoon (exterior toe of the berm) and a non-potable well,

an abandoned or plugged well, drainage well or injection well shall be not less

than 100 feet;

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23

7) The design and construction of the lagoon shall include the installation of a

lagoon liquid level board or staff gauge within the interior of the liquid storage

volume. The liquid level board or staff gauge shall include a mark at the liquid

level elevation corresponding to the summation of the sludge volume and

minimum design volume and shall be designated as the “STOP PUMPING”

elevation. The liquid level board or staff gauge shall also be marked at the

liquid level elevation corresponding to the summation of the sludge volume,

minimum design volume, runoff and wash down volumes, and livestock waste

volume and shall be designated as the “START PUMPING” elevation;

8) THE LIVESTOCK WASTE SUPPLY TO A SINGLE-STAGE LAGOON

MUST BE BELOW THE MINIMUM DESIGN VOLUME LEVEL; [510 ILCS

77/25(b)(2)] and

8) Water shall be added to a newly constructed or modified lagoon to at least 60%

of the design volume prior to the initial addition of waste; and

9) The location of the lagoon and the associated livestock management facility shall

be in compliance with all setback provisions of the Illinois Environmental

Protection Act [415 ILCS 5], the Livestock Management Facilities Act [510

ILCS 77], and the rules promulgated thereunder.

h) THE OWNER OR OPERATOR OF THE EARTHEN LIVESTOCK LAGOON MAY,

upon written request and WITH written APPROVAL FROM THE DEPARTMENT,

MODIFY OR EXCEED THESE STANDARDS IN ORDER TO MEET SITE

SPECIFIC OBJECTIVES. [510 ILCS 77/15(a)] The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water and the structural integrity of the livestock waste management facility as

the requirements of this Part.

(Source: Amended at 25 Ill. Reg. _______, effective _________)

Section 506.205 Liner Standards

a) The design of a liner constructed from in-situ soils, borrowed clay or a clay/bentonite

mixture, or a synthetic liner pursuant to Section 506.203(d) 506.204(d) of this Part

shall comply with the requirements of this Section.

b) A liner constructed using in-situ soil or borrowed clay or clay/bentonite mixtures shall

meet the following standards:

1) The minimum liner thickness shall be 2 feet;

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24

2) The liner shall be constructed in lifts not to exceed 6 inches in compacted

thickness;

3) The liner shall be compacted to achieve a hydraulic conductivity equal to or less

than

1 x 10

-7 centimeters/second; and

4) The construction and compaction of the liner shall be carried out to reduce void

spaces and allow the liner to support the loadings imposed by the waste disposal

operation without settling.

c) Any synthetic liner used in the construction of a livestock waste lagoon shall meet the

following standards:

1) The liner shall be designed to perform equivalent to or better than a liner that

conforms to subsection (b) of this Section;

2) The liner manufacturer shall provide to the owner or operator the liner

maintenance guidelines and shall certify that the liner is chemically compatible

with:

A) The livestock waste being stored; and

B) The supporting soil materials;

3) The liner shall be supported by a compacted base free from sharp objects;

4) The liner shall have sufficient strength and durability to function at the site for

the design period under the maximum expected loadings imposed by the waste

and equipment and stresses imposed by settlement, temperature, construction

and operation;

5) The liner seams shall be made in the field according to the manufacturer's

specifications. All sections shall be arranged so that the use of field seams is

minimized and seams are oriented in the direction subject to the least amount of

stress; and

6) The owner or operator shall maintain a copy of the manufacturer’s compatibility

statement and liner installation and maintenance guidelines at the facility.

d) The design, construction and installation of the liner in accordance with this Section

shall be conducted under the direction of a Licensed Professional Engineer. Upon

completion of construction or installation of the liner, the supervising Licensed

Professional Engineer shall certify, pursuant to 8 Ill. Adm. Code 900.605(a), that the

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25

liner meets all the applicable requirements of this Section. Such certification shall

include all supporting justification and data.

e) The owner or operator of a livestock waste lagoon shall submit to the Department a

copy of the Licensed Professional Engineer’s Certification prior to placing the lagoon

in service in accordance with 8 Ill. Adm. Code 900.605 Section 506.207 of this Part.

f) THE OWNER OR OPERATOR OF THE EARTHEN LIVESTOCK LAGOON MAY,

upon written request and WITH written APPROVAL FROM THE DEPARTMENT,

MODIFY OR EXCEED THESE STANDARDS IN ORDER TO MEET SITE

SPECIFIC OBJECTIVES. [510 ILCS 77/15(a)] The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water and the structural integrity of the livestock waste management facility as

the requirements of this Part. [510 ILCS 77/15(a)]

(Source: Amended at 25 Ill. Reg. _______, effective _________)

Section 506.206 Groundwater Monitoring

a) The owner or operator of any livestock waste lagoon required to implement

groundwater monitoring pursuant to Section 506.203(d) 506.204(d) of this Part shall

implement a monitoring program which meets the requirements of this Section and

Subpart F of 8 Ill. Adm. Code 900.

b) The groundwater monitoring network shall consist of a minimum of three monitoring

wells located on the basis of local groundwater conditions within 20 feet of the exterior

toe of the berm. with At at least two of the required wells shall be located down

gradient of the lagoon based on local groundwater conditions. For the purposes of

groundwater monitoring network design, multiple cell lagoons shall be considered as a

single lagoon.

c) The monitoring wells shall be installed in accordance with the following:

1) The requirements of Illinois Water Well Construction Code at 77 Ill. Adm.

Code 920.170;

2) The top of the well screen shall be set at the estimated seasonal low water table

elevation;

3) Monitoring wells shall utilize a minimum of a five foot screened interval; and

4) The screen shall be set in a sand pack which extends at least one foot above and

one foot below the screened interval of no less than five feet and no greater than

seven feet.

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26

d) The owner or operator shall sample the wells, analyze the samples, and report the

results in accordance with the requirements of Subpart F of 8 Ill. Adm. Code 900.

d) 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.

e) The owner or operator shall sample each monitoring well at least once prior to placing

the lagoon in service and at least quarterly thereafter. Water table level elevation

measurements shall be taken at each sampling event. The samples shall be collected

and analyzed consistent with the methods specified in Section 506.104(a)(1) and (5) (3)

of this Part for each of the following:

1) Nitrate-nitrogen;

2) Phosphate-phosphorous;

3) Chloride;

4) Sulfate;

5) Ammonia-nitrogen;

6) Escherichia coli or fecal coliform; and

7) Fecal Streptococcus.

f) The Department may collect and analyze samples or split samples from monitoring

wells installed pursuant to this Section at the Departments discretion. The Department

shall provide notice to the owner or operator of the livestock waste lagoon of such

activity and SHALL COMPLY WITH REASONABLE ANIMAL HEALTH

PROTECTION PROCEDURES

AS REQUESTED BY THE OWNER OR OPERATOR. [510 ILCS 77/15(b)]

g) Analytical results as determined in subsection (e) of this Section shall be submitted to

the Department within 45 days after sample collection and shall include a discussion

relative to the significance of the results. Such discussion of significance shall include:

1) A comparison of the results to the initial sampling made prior to the lagoon

being placed in service; and

2) A description of any proposed response action necessary to mitigate potential

impacts to groundwater.

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27

h) The Department shall review the submittal provided pursuant to subsection (g) 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:

1) Increase or decrease the monitoring well sampling frequency;

2) Add or delete items from the list of sample analytes; or

3) Require changes to the design, construction or operation of the lagoon or

changes in the operation of the livestock management facility which shall be

implemented by the owner or operator within the time frame established by the

Department.

i) Failure of the owner or operator to submit the information required pursuant to

subsection (g) of this Section or to implement the response action approved or modified

by the Department shall be considered a failure to construct a lagoon in accordance

with the requirements of this Part and shall subject the owner or operator to penalties

set forth in this Part and the Livestock Management Facilities Act [510 ILCS 77].

e) j)

THE OWNER OR OPERATOR OF THE EARTHEN LIVESTOCK LAGOON MAY,

upon written request and WITH written APPROVAL FROM THE DEPARTMENT,

MODIFY OR EXCEED THESE STANDARDS IN ORDER TO MEET SITE

SPECIFIC OBJECTIVES. [510 ILCS 77/15(a)]The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water and the structural integrity of the livestock waste management facility as

the requirements of this Part. [510 ILCS 77/15(a)]

(Source: Amended at 25 Ill. Reg. _______, effective _________)

Section 506.207 Certification of Construction in a Karst Area

a) A NEW 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. [510 ILCS 77/15/(a-5)(2)]

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28

b) The portion of any lagoon, subject to the provisions of this Subpart, located below the

pre-construction soil surface level and constructed in a karst area shall be designed and

constructed utilizing a rigid material such as concrete or steel.

c) The owner or operator of the earthen livestock lagoon may, upon written request and

with written approval from the Department, modify or exceed these standards in order

to meet site specific objectives. The owner or operator shall demonstrate that such

modification shall be at least as protective of the groundwater, surface water and the

structural integrity of the livestock waste management facility as the requirements of

this Part.

a) THE DEPARTMENT SHALL INSPECT AN EARTHEN LIVESTOCK WASTE

LAGOON AT LEAST ONCE DURING THE PRE-CONSTRUCTION,

CONSTRUCTION or POST-CONSTRUCTION PHASE and SHALL REQUIRE

MODIFICATIONS WHEN NECESSARY to ensure the project will be in compliance

with the requirements of this Part. [510 ILCS 77/15(b)]

b) Upon completion of construction or installation of a liner, the supervising Licensed

Professional Engineer shall certify that the liner meets all the applicable requirements of

Section 506.205 of this Part. Such certification shall be submitted to the Department

prior to placing the lagoon in service and shall include supporting data and justification.

c) 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] 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)]

d) THE OWNER OR OPERATOR OF THE LAGOON MAY PROCEED TO PLACE

THE LAGOON IN SERVICE NO EARLIER THAN 10 WORKING DAYS AFTER

SUBMITTING TO THE DEPARTMENT A CERTIFICATION OF COMPLIANCE

STATEMENT. [510 ILCS 77/15(b)]

(Source: Amended at 25 Ill. Reg. _______, effective _________)

Section 506.208 Failure to Register or Construct in Accordance with

StandardsConstruction in a Flood Fringe Area

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29

A NEW 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).

[510 ILCS 77/15(a-5)(1)] The following criteria shall be incorporated into the design of a

lagoon proposed for construction in the flood fringe of a 100-year floodplain:

a) The lagoon berms shall be designed and constructed to withstand the hydrostatic

pressures from flood waters that may be exerted on the berms during a flood event.

b) The elevation of the lowest point on the bermtop shall be at the summation of the

elevation of the 100-year flood plus a freeboard. The freeboard height shall be a

minimum of two feet.

c) For lagoons with unequal length and width dimensions, the lagoon shall be oriented

with the longest dimension parallel to the expected direction of floodwater flow.

d) Any monitoring wells installed pursuant to Section 506.205 506.206 of this Subpart

shall be mounted flush with the surrounding soil surface or otherwise physically

protected from the flood waters.

e) The owner or operator of the livestock waste handling facility may, upon written

request and with written approval from the Department, modify or exceed these

standards in order to meet site specific objectives. The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water, and the structural integrity of the livestock waste handling facility as the

requirements of this Part.

a) THE OWNER OR OPERATOR OF ANY EARTHEN LIVESTOCK WASTE

LAGOON SUBJECT TO REGISTRATION THAT HAS NOT BEEN REGISTERED

OR CONSTRUCTED IN ACCORDANCE WITH STANDARDS SET FORTH IN

SUBSECTION (a) OF SECTION 15 of the Livestock Management Facilities Act [510

ILCS 77/15] and in this Part SHALL, UPON BEING IDENTIFIED AS SUCH BY

THE DEPARTMENT, BE GIVEN WRITTEN NOTICE BY THE DEPARTMENT

TO REGISTER AND CERTIFY THE LAGOON WITHIN 10 WORKING DAYS after

RECEIPT OF THE NOTICE. THE DEPARTMENT MAY INSPECT SUCH

LAGOON AND REQUIRE COMPLIANCE IN ACCORDANCE WITH

SUBSECTIONS (a) AND (b) of Section 15 of the Livestock Management Facilities Act

[510 ILCS 77/15] and this Part. IF THE OWNER OR OPERATOR OF THE

LIVESTOCK WASTE LAGOON THAT IS SUBJECT TO REGISTRATION FAILS

TO COMPLY WITH THE NOTICE, THE DEPARTMENT MAY ISSUE A CEASE

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30

AND DESIST ORDER UNTIL SUCH TIME AS COMPLIANCE IS OBTAINED

WITH THE REQUIREMENTS OF Section 15 of the Livestock Management Facilities

Act [510 ILCS 77/15] and this Part. FAILURE TO CONSTRUCT THE LAGOON IN

ACCORDANCE WITH THE CONSTRUCTION PLAN AND DEPARTMENT

RECOMMENDATIONS IS A BUSINESS OFFENSE PUNISHABLE BY A FINE OF

NOT MORE THAN $5,000. [510 ILCS 77/15(f)]

b) If the owner or operator of the livestock waste lagoon that is subject to registration fails

to comply with the notice addressing violations occurring during lagoon construction, a

cease and desist order to stop construction may be issued by the Department. Changes

shall be made to the lagoon by the owner or operator to ensure construction according

to the provisions of the Livestock Management Facilities Act [510 ILCS 77] and this

Part. The cease and desist order shall be canceled by the Department upon submission

of the registration materials by the lagoon owner or operator to the Department, and

after the Department’s review of the construction plans and specifications and lagoon

registration materials, and after determination of compliance with the Livestock

Management Facilities Act and this Part by the Department.

c) If the owner or operator of the livestock waste lagoon that is subject to registration fails

to comply with the notice addressing violations which occur after completion of lagoon

construction, an operational cease and desist order may be issued by the Department.

Any necessary changes shall be made to the lagoon by the lagoon owner or operator to

comply with the Livestock Management Facilities Act and this Part. The operational

cease and desist order shall be canceled by the Department after the Department

determines compliance with the Livestock Management Facilities Act and this Part.

(Source: Amended at 25 Ill. Reg. ______, effective _______.)

Section 506.209 Lagoon Closure and Ownership Transfer (Repealed)

a) WHEN ANY EARTHEN LIVESTOCK WASTE LAGOON IS REMOVED FROM

SERVICE, IT SHALL BE COMPLETELY EMPTIED. APPROPRIATE CLOSURE

PROCEDURES SHALL BE FOLLOWED AS DETERMINED BY the requirements

of this Part. [510 ILCS 77/15(e)]

1) In the event that any earthen livestock waste lagoon is removed from service,

the requirements contained in Section 15(e) of the Livestock Management

Facilities Act [510 ILCS 77/15(e)] shall be met. The owner or operator shall

notify the Department in writing when a lagoon is removed from service.

Within 60 days after removal of the lagoon from service, the owner or operator

shall submit a lagoon closure plan to the Department for review and approval.

If no lagoon closure plan is received by the Department within 60 days, the

Department shall send the lagoon owner a notice of default.

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31

2) The lagoon closure plan shall provide for the following:

A) The sampling, analysis and reporting of results of all remaining

livestock waste, sludge and minimum six-inch thickness of soil from

throughout the lagoon interior consistent with the requirements of

Section 506.312 of this Part;

B) The removal of all remaining livestock waste including sludge, the

removal of a minimum 6 inch thickness of soil from throughout the

lagoon interior, and the application of these materials to crop land at

agronomic rates consistent with the provisions of the site livestock waste

management plan or their otherwise proper disposal;

C) The removal of all associated appurtenances, including but not limited

to transfer lines, ramps, pumping ports and other waste conveyance

structures;

D) The proper management of any impounded precipitation in the

remaining excavation if it is not immediately filled and the area

immediately returned to its pre-construction condition;

E) The proper abandonment of any monitoring wells installed pursuant to

Section 506.206 of this Part, which shall be conducted pursuant to the

Illinois Water Well Construction Code at 77 Ill. Adm. Code 920.120;

and

F) A proposed time frame for the completion of the closure activities no

greater than two years from the cessation of operation date unless the

lagoon is maintained or serviced.

3) The Department shall review and approve, reject, or request additional

information relative to the lagoon closure plan. THE DEPARTMENT MAY

also GRANT A WAIVER TO any of THE BEFORE-STATED CLOSURE

REQUIREMENTS THAT WILL PERMIT THE LAGOON TO BE USED FOR

AN ALTERNATIVE PURPOSE. [510 ILCS 77/15(e)]

4) Upon completion of the lagoon closure activities as prescribed by the

Department-approved closure plan, the owner or operator shall notify the

Department. The Department shall conduct a site inspection and issue a written

notification of closure completion or inform the owner or operator of any

unresolved closure issues.

b) A lagoon is considered removed from service when:

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32

1) The Department has ordered the lagoon removed from service under Section

506.620 of this Part;

2) A tribunal of competent jurisdiction has ordered the lagoon closed or ordered

the owner or operator to cease operations;

3) The lagoon no longer receives livestock waste and the lagoon is not being

serviced or maintained;

4) The owner fails to extend the term for which evidence of financial

responsibility is shown as required in Section 506.602(b) of this Part; or

5) The owner or operator informs the Department in accordance with subsection

(a)(1) of this Section that the lagoon has been removed from service.

c) UPON A CHANGE IN THE OWNERSHIP OF A REGISTERED EARTHEN

LIVESTOCK WASTE LAGOON, THE new OWNER SHALL NOTIFY, in writing,

THE DEPARTMENT OF THE CHANGE WITHIN 30 WORKING DAYS OF THE

CLOSING OF THE TRANSACTION. [510 ILCS 77/15(e)]

(Source: Repealed at 25 Ill. Reg. ______, effective _______.)

Section 506.210 Secondary Containment

NOTWITHSTANDING ANY OTHER REQUIREMENT OF THIS SUBPART OR 8 ILL.

ADM. CODE 900, EVERY EARTHEN LIVESTOCK WASTE LAGOON CONSTRUCTED

PURSUANT TO THIS SUBPART SHALL INCLUDE THE CONSTRUCTION OF A

SECONDARY BERM, FILTER STRIP, GRASS WATERWAY, OR TERRACE, OR ANY

COMBINATION OF THOSE, OUTSIDE THE PERIMETER OF THE PRIMARY BERM IF

AN ENGINEER LICENSED UNDER THE PROFESSIONAL ENGINEERING PRACTICE

ACT OF 1989 AND RETAINED BY THE REGISTRANT DETERMINES, WITH THE

CONCURRENCE OF THE DEPARTMENT, THAT CONSTRUCTION OF SUCH A

SECONDARY BERM OR OTHER FEATURE OR FEATURES IS NECESSARY IN ORDER

TO ENSURE AGAINST A RELEASE OF LIVESTOCK WASTE FROM THE LAGOON

THAT ENCROACHES OR IS REASONABLY EXPECTED TO ENCROACH UPON LAND

OTHER THAN THE LAND OCCUPIED BY THE LIVESTOCK WASTE HANDLING

FACILITY OF WHICH THE LAGOON IS A PART; OR THAT ENTERS OR IS

REASONABLY EXPECTED TO ENTER THE WATERS OF THIS STATE;

 

or that enters or

may reasonably be expected

 

to enter a natural depression in a karst area and shall be so

designed. [510 ILCS 77/15(a)] The following criteria shall be incorporated into the design of a

system utilized for secondary containment:

a) A grass waterway constructed, installed, or utilized for the purposes of this Section

shall meet or exceed the following:

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33

1) A grass waterway shall be designed and constructed to transfer the maximum

expected flow rate of livestock waste that may reasonably be expected to be

released from the lagoon;

2) A grass waterway shall direct the flow of livestock waste away from the lagoon

berm to a filter strip, secondary berm, terrace, or combination of these; and

3) Vegetation shall be established and maintained to provide adequate ground

cover.

b) A filter strip constructed, installed, or utilized for the purposes of this Section shall

meet or exceed the following:

1) A filter strip shall be designed and constructed to function at the maximum

expected hydraulic loadings that may reasonably be expected to come from the

lagoon; and

2) Vegetation shall be established and maintained to provide adequate ground

cover.

c) A secondary berm constructed, installed, or utilized for the purposes of this Section

shall meet or exceed the following:

1) The storage volume created as a result of the construction of a secondary berm

shall be of sufficient capacity to contain the portion of the lagoon liquid that may

reasonably be expected to be released from the lagoon plus any accumulated

precipitation; and

2) A vegetative cover shall be established. The area shall be maintained by

periodic mowing, the removal of woody plant species, or other measures to

prevent erosion and berm deterioration.

d) A terrace constructed, installed, or utilized for the purposes of this Section shall meet

or exceed the following:

1) The terrace shall direct the livestock waste to a filter strip or grass waterway

constructed or installed pursuant to the requirements of this subsection; and

2) Vegetation shall be established and maintained to provide adequate ground cover

on those portions of the terrace where crops are not grown.

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34

e) The owner or operator of the earthen livestock lagoon may, upon written request and

with written approval from the Department, modify or exceed these standards in order

to meet site specific objectives. The owner or operator shall demonstrate that such

modification shall be at least as protective of the groundwater, surface water and the

structural integrity of the livestock waste management facility as the requirements of

this Part.

(Source: Added at 25 Ill. Reg. ______, effective _______.)

SUBPART C: STANDARDS FOR THE DESIGN AND CONSTRUCTION OF LIVESTOCK

WASTE HANDLING FACILITIES OTHER THAN LAGOONS

WASTE MANAGMENT PLAN

Section 506.301 PurposeApplicability

The applicability of this Subpart shall be as follows:

a) Sections 506.302, 506.310, 506.311, and 506.312 of this Subpart shall apply to the

newly constructed livestock waste handling components of new livestock waste

handling facilities, other than livestock waste lagoons, the design of which has not been

approved by the Department prior to the effective date of this Part.

b) Sections 506.303, 506.304, 506.305, 506.306, 506.307, 506.308, and 506.309 of this

Subpart shall apply to the newly constructed livestock waste handling components of

new or existing livestock waste handling facilities, other than livestock waste lagoons,

the design of which has not been approved by the Department prior to the effective date

of this Part.

The standards and specifications for livestock waste handling facility design and construction

contained in this Subpart shall be utilized in the design plans and construction of the waste

handling facility in accordance with the requirements of Subpart E of 8 Ill. Adm. Code 900.

Livestock waste management plans shall be prepared by livestock management facility owners

or operators to provide for adequate land area for the proper application of livestock waste at

rates not to exceed the agronomic nitrogen DEMAND OF THE CROPS TO BE GROWN

WHEN AVERAGED OVER A 5-YEAR PERIOD [510 ILCS 77/20(f)(4)].

(Source: Amended at 25 Ill. Reg.______, effective _________.)

Section 506.302 Scope and ApplicabilitySite Investigation

a) The owner or operator of a livestock waste handling facility shall conduct a site

investigation in accordance with the requirements of this Section to determine the

following:

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35

1) Whether aquifer material is considered present (or not present) within 5 feet of

the planned bottom of the livestock waste handling facility;

2) Whether the proposed facility is to be located within the floodway or flood

fringe of a 100-year floodplain; and

3) Whether the proposed facility is to be located within a karst area or within 400

feet of a natural depression in a karst area.

b) Except for facilities that are proposed to be located within an area designated as “Sink

hole areas” on “Karst Terrains and Carbonate Rocks of Illinois”, IDNR-ISGS Illinois

Map 8, the owner or operator shall obtain soil samples from within the final livestock

waste handling facility area or within 20 feet of the livestock waste handling facility

boundaries. The sampling shall be performed to determine the presence of aquifer

material or karstified carbonate bedrock as follows:

1) The soil sampling shall begin at the soil surface and extend to a depth that

includes a minimum of 5 feet below the planned bottom of the livestock waste

handling facility native soil or to bedrock;

2) If bedrock is encountered, additional soil samplings may be necessary to verify

the presence of aquifer material or karstified carbonate bedrock;

3) Continuous samples shall be recovered from each soil sampling; and

4) Upon completion, any boring used for sampling shall be properly abandoned

and sealed pursuant to the Illinois Water Well Construction Code at 77 Ill.

Adm. Code 920.120. Any excavation used for sampling that is within the

construction boundaries of the livestock management facility or livestock waste

handling facility shall be restored by the addition of soil compacted in lifts no

greater than 6 inches.

c) If the Department determines that additional soil samplings are necessary to ensure the

protection of the groundwater, surface water or the structural integrity of the livestock

waste handling facility, the Department shall require additional soil samplings.

d) As an alternative to performing the soil sampling required under subsection (b) or (c) of

this Section, the owner or operator of the livestock waste handling facility may propose

to the Department to utilize alternative information source(s). The Department shall

evaluate the proposal; determine whether the alternative information source(s) will

result in a site investigation that will be at least as protective of the groundwater,

surface water and the structural integrity of the livestock waste handling facility as

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36

would have resulted from data resulting from soil borings; and notify the owner or

operator of the Department’s finding.

e) Notwithstanding the other requirements of this Subpart, if aquifer material is located

above or within 5 feet of the lowest point of the livestock waste handling facility, the

design of the facility shall include the additional requirements of Section 506.310 of this

Subpart.

f) Notwithstanding the other requirements of this Subpart, if the site investigation

determines that the livestock waste handling facility is to be located in the flood fringe

of a 100-year floodplain, the design of the facility shall include the additional

requirements of Section 506.311 of this Subpart.

g) If the proposed livestock waste handling facility is to be located within an area

designated as “Sink hole areas” on “Karst Terrains and Carbonate Rocks of Illinois”,

IDNR-ISGS Illinois Map 8 or if the results of the soil sampling conducted pursuant to

Section 506.302(b) of this Subpart indicate the proposed livestock waste handling

facility is to be located in a karst area, the following requirements shall be met:

1) The Department shall conduct a visual inspection of the surrounding area to

determine the presence of natural depressions during the pre-construction site

inspection as required pursuant to 8 Ill. Adm. Code 900.505(a). Construction

may not occur within 400 feet of a natural depression in a karst area;

2) The owner or operator shall perform one or more soil borings which shall be

located within the final livestock waste handling facility area or within 20 feet of

the livestock waste handling facility boundaries to determine the presence of

voids. The boring shall begin at the soil surface and extend to a depth that

includes a minimum of 20 feet below the planned bottom of the livestock waste

handling facility;

3) Continuous samples shall be recovered from each boring;

4) The Licensed Professional Engineer, Licensed Professional Geologist, or

USDA-NRCS representative designated to perform such functions shall evaluate

the results of the soil boring. If a void of 1 foot or greater in vertical distance is

discovered from the soil boring performed pursuant to subsection (g)(2) of this

Section, the following requirements shall be met:

A) The Department may require additional borings to determine the extent

of the void;

B)

 

Notwithstanding the other requirements of this Subpart, the owner or

operator shall submit to the Department a plan for the design of the

facility which shall include the additional design requirements as set

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37

forth in Section 506.312 of this Part and shall include any additional

design requirements deemed necessary by the Licensed Professional

Engineer; and

C) The Department shall review and approve the plan required pursuant to

subsection (g)(4)(B) of this Section prior to construction. The

Department may also require additional design criteria before the plan is

approved and construction may begin.

If, as a result of the soil boring, no voids of 1 foot or greater in vertical distance

are discovered, the design shall include the additional requirements as set forth

in Section 506.312 of this Subpart.

5) Upon completion of the boring(s) required pursuant to subsection (g) of this

Section, the boring(s) shall be properly abandoned and sealed pursuant to the

Illinois Water Well Construction Code at 77 Ill. Adm. Code 920.120.

h) The site investigation in accordance with subsections (b), (c), (d), (e), (f), and (g) of

this Section shall be conducted under the direction of a Licensed Professional Engineer,

Licensed Professional Geologist, or a representative of the Natural Resources

Conservation Service of the United States Department of Agriculture designated to

perform such functions.

a) A waste management plan shall be prepared according to the requirements contained in

Section 20 of the Livestock Management Facilities Act [510 ILCS 77/20] and in this

Subpart. THE APPLICATION OF LIVESTOCK WASTE TO THE LAND IS AN

ACCEPTABLE, RECOMMENDED, AND ESTABLISHED PRACTICE IN

ILLINOIS. HOWEVER, WHEN LIVESTOCK WASTE IS NOT APPLIED IN A

RESPONSIBLE MANNER, IT MAY CREATE POLLUTIONAL PROBLEMS. IT

SHOULD BE RECOGNIZED THAT, IN MOST CASES, IF THE AGRONOMIC

NITROGEN RATE IS MET, THE PHOSPHORUS APPLIED WILL EXCEED THE

CROP REQUIREMENTS, BUT NOT ALL OF THE PHOSPHORUS MAY BE

AVAILABLE FOR USE BY THE CROP. IT WILL BE CONSIDERED

ACCEPTABLE, THEREFORE, TO PREPARE AND IMPLEMENT A WASTE

MANAGEMENT PLAN BASED ON THE NITROGEN RATE. [510 ILCS 77/20(f)]

b) THE LIVESTOCK MANAGEMENT FACILITY OWNER OR OPERATOR AT A

FACILITY OF LESS THAN 1,000 ANIMAL UNITS SHALL NOT BE REQUIRED

TO PREPARE AND MAINTAIN A WASTE MANAGEMENT PLAN. [510 ILCS

77/20(b)]

c) THE LIVESTOCK MANAGEMENT FACILITY OWNER OR OPERATOR AT A

FACILITY OF 1,000 OR GREATER ANIMAL UNITS BUT LESS THAN 7,000

ANIMAL UNITS SHALL PREPARE, maintain and implement a waste management

plan and comply with the following: [510 ILCS 77/20(c)]

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38

1) For facilities which commence operations or reach or exceed 1,000 animal units

after the effective date of this Part, the owner or operator shall prepare,

maintain, and implement a waste management plan within 60 working days after

commencing operations or exceeding 1,000 animal units;

2) Prior to the expiration of the waste management plan preparation period, the

owner or operator shall submit to the Department a form certifying that a waste

management plan has been prepared. The form shall also list the location of the

plan;

3) The waste management plan and records of livestock waste disposal shall be

kept on file at the facility for a period of three years and shall be available for

inspection by Department personnel during normal business hours; and

4) NOTWITHSTANDING the above provisions, A LIVESTOCK

MANAGEMENT FACILITY SUBJECT TO THIS SUBSECTION (c) MAY BE

OPERATED ON AN INTERIM BASIS BUT NOT TO EXCEED 6 MONTHS

AFTER THE EFFECTIVE DATE OF this Part TO ALLOW FOR THE

OWNER OR OPERATOR OF THE FACILITY TO DEVELOP A WASTE

MANAGEMENT PLAN. [510 ILCS 77/20(c)]

d) THE LIVESTOCK MANAGEMENT FACILITY OWNER OR OPERATOR AT A

FACILITY OF 7,000 OR GREATER ANIMAL UNITS SHALL PREPARE,

MAINTAIN, implement, AND SUBMIT TO THE DEPARTMENT THE WASTE

MANAGEMENT PLAN FOR APPROVAL [510 ILCS 77/20(d)] and comply with the

following:

1) For facilities which commence operations after the effective date of this Part,

the owner or operator shall submit a waste management plan to the Department.

The facility shall not commence operation before the Department approves the

plan;

2) For existing facilities that reach or exceed 7,000 animal units through

expansion, the owner or operator shall submit to the Department a waste

management plan within 60 working days after reaching or exceeding 7,000

animal units for approval by the Department; and

3) The waste management plan and records of livestock waste disposal shall be

kept on file at the facility for a period of three years and shall be available for

inspection by Department personnel during normal business hours.

e) A separate waste management plan shall be developed for each livestock waste handling

facility. Livestock waste from each different type of livestock waste storage structure

or system shall be accounted for in separate waste management plans or as separate

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39

sections of one plan. Waste from different types of storage structures may be applied

to the same land provided that the nitrogen rate to obtain targeted crop yield goals is

not exceeded.

f) Notwithstanding the above provisions, a facility owner or operator who prepared a

waste management plan pursuant to the emergency amendment adopted in R97-14 at 20

Ill. Reg. 14903, effective October 31, 1996 and the emergency rules adopted in R97-14

at 21 Ill. Reg. 4313, effective March 31, 1997, shall be deemed to have prepared a

waste management plan pursuant to this Subpart.

g)

 

For the purposes of this Subpart, the number of animal units served by a livestock

waste handling facility shall be determined as the maximum design capacity of the

livestock management facility which is being served by the livestock waste handling

facility.

(Source: Amended at 25 Ill. Reg. ______, effective _________.)

Section 506.303 Waste Management Plan ContentsNon-lagoon Livestock Waste Storage

Volume Requirements

a) Livestock waste handling facilities THAT HANDLE WASTE IN A LIQUID OR

SEMI-SOLID FORM SHALL BE DESIGNED TO CONTAIN A VOLUME OF NOT

LESS THAN THE AMOUNT OF WASTE GENERATED DURING 150 DAYS OF

FACILITY OPERATION AT DESIGN CAPACITY. [510 ILCS 77/13(a)(1)(B)] In

addition, the design of livestock waste storage structures that handle waste in a liquid or

semi-solid form shall include the following:

1) Runoff volumes, based on a 6 inch rainfall covering the storage structure

surface and any other areas where precipitation is directed into the storage

structure;

2) Additional wash down liquid volumes; and

3) A freeboard of 2 feet, except for structures with a cover or otherwise protected

from precipitation.

b) Livestock waste handling facilities that handle waste in a solid form SHALL BE SIZED

TO STORE NOT LESS THAN THE AMOUNT OF WASTE GENERATED DURING

6 MONTHS OF FACILITY OPERATION AT DESIGN CAPACITY. [510 ILCS

77/14(a)(4)]

c) Pump stations, settling tanks, pumps, piping, or other components of a livestock waste

handling facility that temporarily hold or transport waste to a storage facility sized

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40

pursuant to this Section shall be exempt from the storage volume requirements of this

Section.

d)

 

The design of any livestock waste storage structure required to incorporate a freeboard

pursuant to subsection (a) of this Section shall include a liquid level board or staff

gauge. The liquid level board or staff gauge shall include a mark corresponding to the

summation of the livestock waste volume and the additional wash down volume

pursuant to subsection (a) of this Section, and shall be designated as the “START

PUMPING” elevation.

The Livestock Waste Management Plan shall contain the following items:

a) Name, address, and phone number of the owner(s) of the livestock facility;

b) Name, address, and phone number of the manager or operator if different than the

owner(s);

c) Address, phone number, and plat location of the facility, and directions from nearest

post office;

d) Type of waste storage for the facility;

e) Species, general size, number of animals, and number of animal units at the facility;

f) Aerial photos and maps outlining fields available and intended for livestock waste

applications with available acreage listed and with residences, non-farm businesses,

common places of assembly, streams, wells, waterways, lakes, ponds, rivers, drainage

ditches, and other water sources indicated;

g) For application fields not owned or rented, copies of waste application agreements

between the owner or operator of the livestock facility and the owner of the land where

livestock waste will be applied;

h) AN ESTIMATE OF THE VOLUME OF WASTE TO BE DISPOSED OF

ANNUALLY [510 ILCS 77/20(f)(1)];

i) Cropping schedule for each field for the past year, anticipated crops for the current

year, and anticipated crops for the next two years after the current year;

j) Targeted crop yield goal for each crop in each field;

k) Estimated nutrient content of the livestock waste;

l) Livestock waste application methods;

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41

m) Calculations showing the following:

1) Amount of available livestock waste for application;

2) Amount of nitrogen available for application;

3) Nitrogen loss due to method of application;

4) Amount of plant-available nitrogen including mineralization of organic nitrogen;

5) Amount of nitrogen required by each crop in each field based on targeted crop

yield goal;

6) Nitrogen credits from previous crops, from other sources of fertilizer applied

for the growing season, and from any manure applications during the previous

three years for each application field;

7) Livestock waste application rate based on nitrogen for each application field;

and

8) Land area required for application;

n) A listing of fields and the planned livestock waste application amounts for each field;

o) A PROVISION THAT LIVESTOCK WASTE APPLIED WITHIN 1/4 MILE OF ANY

RESIDENCE NOT PART OF THE FACILITY SHALL BE INJECTED OR

INCORPORATED ON THE DAY OF APPLICATION. HOWEVER, LIVESTOCK

MANAGEMENT FACILITIES AND LIVESTOCK WASTE HANDLING

FACILITIES THAT HAVE IRRIGATION SYSTEMS IN OPERATION PRIOR TO

May 21, 1996, OR EXISTING FACILITIES APPLYING WASTE ON FROZEN

GROUND ARE NOT SUBJECT TO THE PROVISIONS OF THIS subsection (o)

[510 ILCS 77/20(f)(5)];

p) A PROVISION THAT LIVESTOCK WASTE MAY NOT BE APPLIED WITHIN 200

FEET OF SURFACE WATER UNLESS THE WATER IS UPGRADE OR THERE IS

ADEQUATE DIKING AND WASTE WILL NOT BE APPLIED WITHIN 150 FEET

OF POTABLE WATER SUPPLY WELLS [510 ILCS 77/20(f)(6)];

q) PROVISION THAT LIVESTOCK WASTE MAY NOT BE APPLIED IN A 10-YEAR

FLOOD PLAIN UNLESS THE INJECTION OR INCORPORATION METHOD OF

APPLICATION IS USED [510 ILCS 77/20(f)(7)];

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42

r) A PROVISION THAT LIVESTOCK WASTE MAY NOT BE APPLIED IN

WATERWAYS. For the purposes of this Part, a grassed area serving as a waterway

may receive livestock waste through an irrigation system if there is no runoff, the

distance from applied livestock waste to surface water is greater than 200 feet, the

distance from applied livestock waste to potable water supply wells is greater than 150

feet; the distance from applied livestock waste to a non-potable well, an abandoned or

plugged well, a drainage well, or an injection well is greater than 100 feet; and

precipitation is not expected within 24 hours [510 ILCS 77/20(f)(8)];

s) A PROVISION THAT IF WASTE IS SPREAD ON FROZEN OR SNOW-COVERED

LAND, THE APPLICATION WILL BE LIMITED TO LAND AREAS ON WHICH:

1) LAND SLOPES ARE 5% OR LESS; OR

2) ADEQUATE EROSION CONTROL PRACTICES EXIST [510 ILCS

77/20(f)(9)];

t) For livestock facilities utilizing an earthen lagoon or other earthen waste storage

structure, a provision that the owner, operator, or certified livestock manager shall

inspect all berm tops, exterior berm sides, and non-submerged interior berm sides for

evidence of erosion, burrowing animal activity, and other indications of berm

degradation on a frequency of not less than once every two weeks; and

u)

 

A provision that livestock waste may not be applied during a rainfall or to saturated soil

and that conservative waste loading rates will be used in the case of a high water table

or shallow earth cover to fractured bedrock. Caution should be exercised in applying

livestock wastes, particularly on porous soils, so as not to cause nitrate or bacteria

contamination of groundwaters.

(Source: Amended at 25 Ill. Reg. ______, effective _________.)

Section 506.304 Livestock Waste VolumesGeneral Design and Construction Standards

a) Livestock waste handling facilities shall be designed and constructed according to the

following requirements:

1) Storage and transport surfaces, other than those constructed of concrete,

intended to come into contact with livestock waste shall be constructed or

installed to achieve a hydraulic conductivity equal to or less than 1 x 10

-7

centimeters per second.

2) Storage and transport surfaces constructed of concrete and intended to come into

contact with livestock waste shall be constructed or installed to achieve a

hydraulic conductivity equal to or less than 1 x 10

-6 centimeters per second.

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43

3) The livestock waste handling facility shall withstand, at a minimum, the

following loads:

A) Lateral loads due to soil and equipment, which shall be obtained from

Table 2 of the MidWest Plan Service Concrete Manure Storages

Handbook, MWPS-36;

B)

 

Lateral loads due to livestock waste scraping and handling equipment;

C) Lateral and vertical loads due to the handling and storage of livestock

waste;

D) Vertical loads on tank tops, slats, and other horizontal surfaces, which

shall be obtained from Table 3 of the MidWest Plan Service Concrete

Manure Storages Handbook, MWPS-36; and

E) Vertical loads due to mobile equipment, stationary equipment, and

structures housing the livestock.

4) The construction materials shall be chemically compatible with the livestock

waste being handled and stored and the supporting soil materials.

5) The livestock waste handling facility shall be designed and constructed to

prevent erosion and damage resulting from the transport, handling, and storage

of livestock waste.

6) Existing subsurface drainage lines in the immediate area of the livestock waste

handling facility shall be removed or relocated to provide for a minimum

separation distance of not less than 50 feet between the outermost extent of the

livestock waste handling facility and the subsurface drainage line.

7) The minimum separation distance between the outermost extent of the livestock

waste handling facility and any potential route of groundwater contamination, as

defined in the Illinois Environmental Protection Act [415 ILCS 5], shall be not

less than 100 feet. In addition, the minimum separation distance between the

outermost extent of the livestock waste handling facility and a non-potable well,

an abandoned or plugged well, drainage well, or injection well shall be not less

than 100 feet.

8) The design and construction of livestock waste handling facilities shall include a

backflow prevention device to prevent siphoning or gravity flow of livestock

waste in the opposite direction of intended use.

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44

b) In addition to the requirements listed in this Section, livestock waste handling facilities

shall be designed and constructed pursuant to the following:

1) Concrete livestock waste storage tanks shall be designed and constructed in

accordance with MidWest Plan Service Concrete Manure Storages Handbook,

MWPS-36, or, in the case of circular concrete tanks, Circular Concrete Manure

Tanks, MWPS TR-9.

2) Components of livestock waste handling facilities which temporarily hold or

transport waste for the purpose of liquid and solid separation, including but not

limited to settling basins and settling tanks, shall be designed and constructed in

accordance with MidWest Plan Service Livestock Waste Facilities Handbook,

MWPS-18, or NRCS Waste Storage Structure, IL313.

3) Components of livestock waste handling facilities holding semi-solid waste,

including but not limited to picket dam structures, shall be designed and

constructed in accordance with MidWest Plan Service Livestock Waste Facilities

Handbook, MWPS-18 or similar standards used by the Natural Resource

Conservation Service of the United States Department of Agriculture.

4) Components of livestock waste handling facilities holding solid waste, including

but not limited to temporary manure stacks, shall be designed and constructed in

accordance with MidWest Plan Service Livestock Waste Facilities Handbook,

MWPS-18 or similar standards used by the Natural Resource Conservation

Service of the United States Department of Agriculture including but not limited

to Waste Storage Structure, IL313.

5) Holding ponds used for the storage of livestock feedlot run-off and waste

storage ponds shall be designed and constructed in accordance with MidWest

Plan Service Livestock Waste Facilities Handbook, MWPS-18 or similar

standards used by the Natural Resource Conservation Service of the United

States Department of Agriculture including but not limited to Waste Holding

Pond, IL425.

c) In areas where the seasonal high water table may encroach upon the bottom of the

livestock waste storage structure, a perimeter foundation drainage tubing shall be

installed adjacent to the foundation at an elevation of one foot below the bottom of the

footings to permanently lower the water table. The tubing shall drain freely to a

surface water outlet or other subsurface drainage outlet.

d)

 

The owner or operator of the livestock waste handling facility may, upon written

request and with written approval from the Department, modify or exceed these

standards in order to meet site specific objectives. The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

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45

surface water, and the structural integrity of the livestock waste handling facility as the

requirements of this Part.

The volume of available livestock waste for application, as required in Section 506.303(m)(1)

of this Part, shall be determined from site specific measurements of the waste storage

structure. Calculations and a description of the volume determination shall be included in the

waste management plan.

(Source: Amended at 25 Ill. Reg. ______, effective _________.)

Section 506.305 Nutrient Content of Livestock WasteAdditional Concrete Design and

Construction Standards

a) In addition to the requirements set forth in Section 506.304 of this Subpart, the design

and construction of concrete components of livestock waste handling facilities shall

meet the following requirements:

1) Construction joints shall be incorporated into the concrete in accordance with

the design guidance provided in MidWest Plan Service Concrete Manure

Storages Handbook, MWPS-36 or in the case of circular concrete tanks,

Circular Concrete Manure Tanks, TR-9;

2) Water stops shall be incorporated into construction joints in accordance with the

design guidance provided in MidWest Plan Service Concrete Manure Storages

Handbook, MWPS-36 or in the case of circular concrete tanks, Circular

Concrete Manure Tanks, TR-9;

3) Concrete minimum compressive strength requirements shall be in accordance

with the design guidance provided in Table 28 of MidWest Plan Service

Concrete Manure Storages Handbook, MWPS-36 or in the case of circular

concrete tanks, Table 1 of Circular Concrete Manure Tanks, TR-9; and

4) The strength, cover, and bending requirements for concrete reinforcement shall

be in accordance with the design guidance provided in Table 1 of MidWest Plan

Service Concrete Manure Storages Handbook, MWPS-36 or in the case of

circular concrete tanks, Circular Concrete Manure Tanks, TR-9.

b)

 

The owner or operator of the livestock waste handling facility may, upon written

request and with written approval from the Department, modify or exceed these

standards in order to meet site specific objectives. The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water, and the structural integrity of the livestock waste handling facility as the

requirements of this Part.

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46

a) For new facilities without a waste management plan or facilities where a waste

management plan is being initially prepared pursuant to this Part, the owner or operator

shall obtain the nitrogen content of the livestock waste, as required in Section

506.303(m)(2) of this Part, from the results of a laboratory analysis of livestock waste

samples from the waste storage facility, or from estimated values provided by the

University of Illinois Cooperative Extension Service or the Natural Resources

Conservation Service of the United States Department of Agriculture.

b) The livestock waste handling facility owner or operator shall annually obtain a

laboratory analysis of the nutrient content of the livestock waste to be applied to land as

provided within the waste management plan. Livestock waste shall be sampled during

the application process. Multiple subsamples shall be obtained and may be combined

into one sample for analysis so that a representative sample is used for preparation of

the waste management plan. A sample taken during waste application the previous year

can be used as a representative sample of the waste to be applied the following year

unless there has been a change in the waste management practices.

c) Livestock waste sampling shall be performed under the direction of a certified livestock

manager to ensure a representative sample from the livestock waste storage facility and

to preserve the integrity of the sample.

d) The laboratory analysis of the livestock waste sample shall include, but not be limited

to, total nitrogen, ammonium nitrogen, total phosphorus, and total potassium. Results

of the analysis shall be included in the waste management plan.

(Source: Amended at 25 Ill. Reg. ______, effective _________.)

Section 506.306 Adjustments to Nitrogen AvailabilityAdditional Metal Design and

Construction Standards

a) In addition to the requirements set forth in Section 506.304 of this Subpart, the design

and construction of metal components of livestock waste handling facilities shall meet

the following requirements:

1) All metal surfaces shall be protected by a corrosion resistance system;

2) Concrete footings and bases shall meet the strength and load requirements as set

forth in Sections 506.304 and 506.305 of this Subpart;

3) The connection of dissimilar metals shall be minimized; and

4) Metal components of livestock waste handling facilities shall be constructed or

installed according to the manufacturer’s specifications and guidelines.

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47

b)

 

The owner or operator of the livestock waste handling facility may, upon written

request and with written approval from the Department, modify or exceed these

standards in order to meet site specific objectives. The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water, and the structural integrity of the livestock waste handling facility as the

requirements of this Part.

Adjustments shall be made to nitrogen availability to account for nitrogen loss from livestock

waste due to method of application, as required in Section 506.303 (m) (3), and to account for

the conversion of organic nitrogen into a plant available form, as required in Section 506.303

(m) (4) of this Part.

(Source: Amended at 25 Ill. Reg. ______, effective _________.)

Section 506.307 Targeted Crop Yield GoalAdditional Earthen Material Design and

Construction Standards

a) In addition to the requirements set forth in Section 506.304 of this Subpart, the design

and construction of earthen components of livestock waste handling facilities shall meet

the following requirements:

1) The construction and compaction of the earthen component shall be carried out

to reduce void spaces and allow the earthen component to support the loadings

imposed by the livestock waste without settling;

2) The minimum top width of any berm incorporated into the design of any earthen

component shall be 8 feet; and

3) Walls incorporated into the design of an earthen component shall have side

slopes not steeper than a 2.5 to 1 ratio of horizontal to vertical.

b) The floor of deep bedded livestock systems and poultry litter systems utilizing an

earthen base shall be constructed to achieve a hydraulic conductivity of equal to or less

than 1 x 10

-7 centimeters per second.

c)

 

The owner or operator of the livestock waste handling facility may, upon written

request and with written approval from the Department, modify or exceed these

standards in order to meet site specific objectives. The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water, and the structural integrity of the livestock waste handling facility as the

requirements of this Part.

a) The targeted crop yield goal, as required in Section 506.303(m)(5) of this Part, shall be

determined for each field where the livestock waste is to be applied. The targeted crop

yield goal shall be determined by obtaining an average yield over a five-year period

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48

from the field where livestock waste is to be applied. The following listing of sources

of data shall be utilized to determine the targeted crop yield goal.

1) Proven yields. The proven yield shall be determined by obtaining an average

yield over a five-year period from the field where livestock waste is to be

applied. The owner or operator shall indicate the method used to determine the

proven yield. Data from years with crop disasters may be discarded. Proven

yields shall be used unless there is a sound agronomic basis for predicting a

different targeted crop yield goal;

2) Crop insurance yields. A copy of the crop insurance yields shall be included in

the plan; or

3) Farm Service Agency - United States Department of Agriculture yields. A copy

of the assigned crop yields shall be included in the plan.

b) Soils based yield data from the Natural Resources Conservation Service of the United

States Department of Agriculture shall be used if the owner or operator cannot obtain a

targeted crop yield goal pursuant to subsection (a) of this Section. A soil map of the

application areas shall be included in the plan. The targeted crop yield goal shall be

determined by a weighted average of the soil interpretation yield estimates for the areas

that will receive livestock waste.

(Source: Amended at 25 Ill. Reg. ______, effective _________.)

Section 506.308 Additional Synthetic Material Design and Construction Standards

a) In addition to the requirements set forth in Section 506.304 of this Subpart, the design

and construction of synthetic components of livestock waste handling facilities shall

meet the following requirements:

1) The synthetic material shall be supported by a compacted base free from sharp

objects;

2) The use of field seams shall be minimized. All field seams shall be made

according to the manufacturer's specifications and oriented in the direction

subject to the least amount of stress;

3) The synthetic material shall be resistant to or otherwise protected from damage

from construction or operation and degradation by ultraviolet light;

4) Synthetic components shall be designed for use in livestock waste handling

facilities and shall be installed according to the manufacturer’s specifications and

guidelines;

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49

5) The liner shall be chemically compatible with the livestock waste being handled

and stored and the supporting soil materials; and

6) The liner shall have sufficient strength and durability to function at the site

under the maximum expected loadings imposed by the waste and equipment and

stresses imposed by settlement, temperature, construction, and operation.

b) The owner or operator of the livestock waste handling facility may, upon written

request and with written approval from the Department, modify or exceed these

standards in order to meet site specific objectives. The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water, and the structural integrity of the livestock waste handling facility as the

requirements of this Part.

(Source: Added at 25 Ill. Reg. ______, effective _________.)

Section 506.309 Nitrogen CreditsAdditional Wooden Material Design and Construction

Standards

a) In addition to the requirements set forth in Section 506.304 of this Subpart, the design

and construction of wooden components of livestock waste handling facilities shall meet

the following requirements:

1) Wooden materials shall be naturally resistant or treated to resist damage from

decay and corrosion; and

2) Construction fasteners shall be resistant to corrosion.

b)

 

The owner or operator of the livestock waste handling facility may, upon written

request and with written approval from the Department, modify or exceed these

standards in order to meet site specific objectives. The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water, and the structural integrity of the livestock waste handling facility as the

requirements of this Part.

a) Nitrogen credits shall be calculated by the livestock facility owner or operator, pursuant

to Section 506.303(m)(6) of this Part, for nitrogen-producing crops grown the previous

year, for other sources of nitrogen applied for the growing season, and for mineralized

organic nitrogen in livestock waste applied during the previous three years.

b) Nitrogen credits shall be calculated by the livestock facility owner or operator for the

mineralized organic nitrogen in livestock waste applied during the previous three years

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50

at the rate of 50%, 25%, and 12.5%, respectively, of that mineralized during the first

year.

(Source: Amended at 25 Ill. Reg. ______, effective _________.)

Section 506.310 Records of Waste DisposalAdditional Design and Construction Standards

for Construction in an Area with Shallow Aquifer Material

a) In addition to the other requirements of this Subpart, if aquifer material is located above

or within 5 feet of the lowest point of the proposed livestock waste handling facility

pursuant to Section 506.302 of this Subpart, the design and construction of the facility

shall comply with the requirements of this Section.

b) Livestock waste handling facility components constructed of concrete shall meet the

following requirements:

1) The minimum thickness of floors shall be 5 inches;

2) The minimum thickness of exterior walls shall be 8 inches; and

3) Footings shall extend below the maximum frost depth.

c) Livestock waste handling facility components constructed of earthen materials shall

include the installation of an earthen or synthetic liner.

1) Earthen liners shall meet the following requirements:

A) The liner shall consist of in-situ soil, borrowed clay, or clay/bentonite

mixtures;

B) The minimum liner thickness shall be 2 feet; and

C) The liner shall be constructed in lifts not to exceed 6 inches in compacted

thickness.

2) Synthetic liners shall meet the design and construction requirements as set forth

in Section 506.308 of this Subpart and shall have a minimum thickness of 40

mil.

3) The design, construction, and installation of the liner required pursuant to this

Section shall be conducted under the direction of a Licensed Professional

Engineer. Upon completion of construction or installation of the liner, the

supervising Licensed Professional Engineer shall certify that the liner meets all

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51

the applicable requirements of this Section. Such certification shall include all

supporting justification and data.

4) The owner or operator of the new livestock waste handling facility shall submit

to the Department a copy of the Licensed Professional Engineer’s liner

certification prior to placing the livestock waste handling facility in service in

accordance with Section 900.506(a) of 8 Ill. Adm. Code 900.

d) In-ground livestock waste handling facilities shall include perimeter drainage tubing

installed one foot below the bottom of the footings of the structure. The tubing shall

drain freely to a surface water outlet or other subsurface drainage outlet and shall

include a sampling port. The owner or operator shall sample the sampling port,

analyze the samples, and report the results in accordance with the requirements of

Subpart E of 8 Ill. Adm. Code 900.

d)

 

The owner or operator of the livestock waste handling facility may, upon written

request and with written approval from the Department, modify or exceed these

standards in order to meet site specific objectives. The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water, and the structural integrity of the livestock waste handling facility as the

requirements of this Part.

Records of the livestock waste disposal shall include the following items:

a) Date of livestock waste application;

b) The field where livestock waste application was made;

c) Method of livestock waste application;

d) Livestock waste application rate;

e) Number of acres receiving waste; and

f) Amount of livestock waste applied.

(Source: Amended at 25 Ill. Reg. ______, effective _________.)

Section 506.311 Approval of Waste Management PlansAdditional Design and

Construction Standards for Construction in a Flood Fringe Area

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

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52

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). [510 ILCS 77/13(b)(1)] Notwithstanding the

other requirements of this Subpart or 8 Ill. Adm. Code 900, the following criteria shall be

incorporated into the design of a non-lagoon livestock management facility or livestock waste

handling facility proposed for construction in the flood fringe of a 100-year floodplain:

a) The berms and walls shall be designed and constructed to withstand the hydrostatic

pressures from flood waters that may be exerted on the berms and walls during a flood

event;

b) The elevation of the lowest point on the berm top and wall shall be at the elevation of

the 100-year flood plus a minimum of two feet;

c) For facilities with unequal length and width dimensions, the facility shall be oriented

with the longest dimension parallel to the expected direction of floodwater flow; and

e)

 

The owner or operator of the livestock waste handling facility may, upon written

request and with written approval from the Department, modify or exceed these

standards in order to meet site specific objectives. The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water, and the structural integrity of the livestock waste handling facility as the

requirements of this Part.

a) Department approval of livestock waste management plans shall be based on the

following criteria:

1) Livestock waste application rate of nitrogen not to exceed the crop nitrogen

requirements for targeted crop yield goals;

2) Demonstration of adequate land area for livestock waste application based on

Section 506.303 of this Part; and

3) Completeness and accuracy of plan contents as specified in Section 506.303 of

this Part.

b) The owner or operator of the livestock management facility shall be notified by the

Department within 30 working days after receipt of the livestock waste management

plan that the plan has been approved or that further information or changes are needed.

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53

The owner or operator shall provide the information or changes within 30 working

days.

(Source: Amended at 25 Ill. Reg. ______, effective _________.)

Section 506.312 Sludge RemovalAdditional Design and Construction Standards for

Construction in a Karst Area

a) 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. 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. [510 ILCS 77/13(b)(2)]

b) The portion of a livestock waste handling facility located below the pre-construction

soil surface level and constructed in a karst area shall be designed and constructed

utilizing a rigid material such as concrete or steel.

c)

 

The owner or operator of the livestock waste handling facility may, upon written

request and with written approval from the Department, modify or exceed these

standards in order to meet site specific objectives. The owner or operator shall

demonstrate that such modification shall be at least as protective of the groundwater,

surface water, and the structural integrity of the livestock waste handling facility as the

requirements of this Part.

a) Within 60 days prior to periodic removal of sludge from a livestock waste storage

structure, the livestock facility owner or operator shall test the sludge for nutrient

content pursuant to Section 506.305(c) and (d) of this Subpart. Application of the

sludge to the land shall not exceed the nitrogen requirement to obtain targeted yields of

the crop to be grown.

b) Prior to the removal of the remaining livestock waste, soil, and sludge during a lagoon

closure, the waste, soil, and sludge shall be tested for nutrient content pursuant to

Section 506.305(c) and (d) of this Subpart. Application of the waste, soil, and sludge

to the land shall not exceed the nitrogen requirement to obtain targeted yields of the

crop to be grown.

c) Nitrogen requirements based on targeted yields for the crop to be grown may be met

but shall not be exceeded by any combination of the following:

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54

1) Livestock waste applications;

2) Periodic sludge applications; or

3) Remaining livestock waste, soil, or sludge applications during a waste storage

structure closure.

(Source: Amended at 25 Ill. Reg. ______, effective _________.)

Section 506.313 Plan Updates (Repealed)

a) The waste management plan shall be reviewed annually by the livestock facility owner

or operator and updated, if necessary, after receipt by the owner or operator of the

nutrient content results from the laboratory analysis of the livestock waste as required

in Section 506.305(b), (c), and (d) of this Subpart, but prior to the next application

period of the livestock waste to the land.

b) The waste management plan shall also be updated when at least one of the following

occurs:

1) A change in the amount of land area needed to dispose of the livestock waste

based upon a change in the waste volume to be disposed of, nitrogen content of

the livestock waste, or other factors;

2) A change in land that is available for livestock waste application if the land is

not currently included in the waste management plan;

3) Method of livestock waste disposal or application changes; or

4) Cropping sequence changes which alter the amount of livestock waste to be

applied.

(Source: Repealed at 25 Ill. Reg. ______, effective _______.)

Section 506.314 Penalties (Repealed)

a) ANY PERSON WHO IS REQUIRED TO PREPARE, MAINTAIN, and implement A

WASTE MANAGEMENT PLAN AND WHO FAILS TO DO SO SHALL BE

ISSUED A WARNING LETTER BY THE DEPARTMENT FOR THE FIRST

VIOLATION AND SHALL BE GIVEN 30 WORKING DAYS TO PREPARE A

WASTE MANAGEMENT PLAN. FOR FAILURE TO PREPARE, MAINTAIN, and

implement A WASTE MANAGEMENT PLAN, THE PERSON SHALL BE FINED

AN ADMINISTRATIVE PENALTY OF UP TO $500 BY THE DEPARTMENT AND

SHALL BE REQUIRED TO ENTER INTO AN AGREEMENT OF COMPLIANCE

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55

TO PREPARE, MAINTAIN, and implement A WASTE MANAGEMENT PLAN

WITHIN 30 WORKING DAYS. FOR FAILURE TO PREPARE, MAINTAIN, and

implement A WASTE MANAGEMENT PLAN AFTER THE SECOND 30 DAY

PERIOD OR FOR FAILURE TO ENTER INTO A COMPLIANCE AGREEMENT,

THE DEPARTMENT MAY ISSUE AN OPERATIONAL CEASE AND DESIST

ORDER UNTIL COMPLIANCE IS ATTAINED. [510 ILCS 77/20(g)]

b) The operational cease and desist order procedures may be suspended by the Department

upon submittal of a waste management plan by the owner or operator to the

Department. The cease and desist order shall be canceled by the Department upon

approval of the waste management plan by the Department.

c) A waste management plan prepared as a result of a warning letter or compliance

agreement shall be subject to approval by the Department.

d) Penalties shall not be imposed for excessive nitrogen application for unplanned

cropping changes due to weather or other unforeseeable circumstances.

(Source: Repealed at 25 Ill. Reg. ______, effective _______.)

SUBPART D: CERTIFIED LIVESTOCK

MANAGER

Section 506.401 Applicability (Repealed)

a) A LIVESTOCK WASTE HANDLING FACILITY SERVING 300 OR GREATER

ANIMAL UNITS SHALL BE OPERATED ONLY UNDER THE SUPERVISION OF

A CERTIFIED LIVESTOCK MANAGER. NOT WITHSTANDING THE BEFORE-

STATED PROVISION, A LIVESTOCK WASTE HANDLING FACILITY MAY BE

OPERATED ON AN INTERIM BASIS, BUT NOT TO EXCEED 6 MONTHS, TO

ALLOW FOR THE OWNER OR OPERATOR OF THE FACILITY TO BECOME

CERTIFIED. For the purposes of this Subpart, being operated under the supervision

of a certified livestock manager shall mean that the certified livestock manager shall be

immediately available to the workers at a livestock waste handling facility either in

person or via telecommunications and shall have the ability to be physically present at

the livestock waste handling facility within one hour after notification. [510 ILCS

77/30(a)]

b) Persons may become certified livestock managers by demonstrating an understanding of

and competence for the operation of livestock waste handling facilities as established in

Section 30 of the Livestock Management Facilities Act [510 ILCS 77] and further

described in this Subpart. Livestock managers shall establish or re-establish

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56

certification when required to do so in accordance with Section 30 of the Livestock

Management Facilities Act.

c) A livestock manager certified pursuant to the emergency amendment adopted in R97-14

at 20 Ill. Reg. 14903, effective October 31, 1996 and the emergency rules adopted in

R97-14 at 21 Ill. Reg. 4313, effective March 31, 1997, shall be considered as certified

pursuant to this Subpart.

d) For the purposes of this Subpart, the number of animal units served by a livestock

waste handling facility is the maximum design capacity of the livestock management

facility which is being served by the livestock waste handling facility.

e) For violations pertaining to the certified livestock manager requirements, the owner or

operator SHALL BE ISSUED A WARNING LETTER FOR THE FIRST VIOLATION

AND SHALL BE REQUIRED TO HAVE A CERTIFIED MANAGER FOR THE

LIVESTOCK WASTE HANDLING FACILITY WITHIN 30 WORKING DAYS.

FOR FAILURE TO COMPLY WITH THE WARNING LETTER WITHIN THE 30

DAY PERIOD, THE PERSON SHALL BE FINED AN ADMINISTRATIVE

PENALTY OF UP TO $500 BY THE DEPARTMENT AND SHALL BE REQUIRED

TO ENTER INTO AN AGREEMENT TO HAVE A CERTIFIED MANAGER FOR

THE LIVESTOCK WASTE HANDLING FACILITY WITHIN 30 WORKING DAYS.

FOR FAILURE TO COMPLY WITH THE AGREEMENT TO HAVE A CERTIFIED

MANAGER FOR THE LIVESTOCK WASTE HANDLING FACILITY WITHIN

THE 30 DAY PERIOD OR FOR FAILURE TO ENTER INTO A COMPLIANCE

AGREEMENT, THE PERSON SHALL BE FINED UP TO $1,000 BY THE

DEPARTMENT AND SHALL BE REQUIRED TO ENTER INTO AN

AGREEMENT TO HAVE A CERTIFIED MANAGER FOR THE LIVESTOCK

WASTE HANDLING FACILITY WITHIN 30 WORKING DAYS. FOR

CONTINUED FAILURE TO COMPLY, THE DEPARTMENT MAY ISSUE AN

OPERATIONAL CEASE AND DESIST ORDER UNTIL COMPLIANCE IS

ATTAINED. [510 ILCS 77/30(g)] The cease and desist order shall be canceled by the

Department upon presentation to the Department of a valid certified livestock manager

certificate issued in the name of the owner, operator, or current employee of the

livestock facility.

(Source: Repealed at 25 Ill. Reg. ______, effective _______.)

SUBPART E: PENALTIES

Section 506.501 General (Repealed)

The penalties for violations of the Livestock Management Facilities Act [510 ILCS 77] and this

Part shall be those as identified in the Livestock Management Facilities Act and further

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57

described in this Part and Subpart. Warning letters and written notices from the Department

shall be sent via certified mail to the livestock facility owner or operator.

(Source: Repealed at 25 Ill. Reg. ______, effective _______.)

SUBPART F: FINANCIAL RESPONSIBILITY

Section 506.601 Scope, Applicability, and Definitions (Repealed)

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.

c) For the purposes of this Subpart, the following terms have the following meanings:

1) “Financial institution” means:

A) An insurer providing commercial or private insurance to evidence

financial responsibility for lagoon closure in accordance with Section

506.610 of this Part;

B) A guarantor providing a guarantee as evidence of financial responsibility

for lagoon closure in accordance with Section 506.611 of this Part;

C) The issuer of a surety bond as evidence of financial responsibility for

lagoon closure in accordance with Section 506.612 of this Part;

D) The issuer of a letter of credit as evidence of financial responsibility for

lagoon closure in accordance with Section 506.613 of this Part; or

E) The livestock waste lagoon closure fund managed by the Illinois Farm

Development Authority that evidences financial responsibility for lagoon

closure in accordance with Section 506.615 of this Part.

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2) “Level of surety” means the level, calculated in accordance with Section

506.603 of this Part, at which evidence of financial responsibility must be

provided.

3) “Surety instrument” means any of the devices listed in Section 506.602 of this

Part by which a lagoon owner evidences financial responsibility for lagoon

closure. Unless the context requires otherwise, “surety instrument” includes a

combination of surety instruments.

(Source: Repealed at 25 Ill. Reg. ______, effective _______.)

Section 506.602 Mechanisms for Providing Evidence of Financial Responsibility

(Repealed)

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]

b) The lagoon owner must provide continuous coverage from the time the lagoon is

placed in service until such time as the owner is released from the financial

responsibility requirements pursuant to Section 506.605(a) of this part. The initial

term of any surety instrument (other than a certificate of deposit or designated savings

account) utilized to fulfill the requirements of this Part must be at least three years. At

least two years prior to the expiration date of such instrument, the owner must provide

the Department with proof that the term of coverage has been extended for at least one

additional year.

c) Upon a change in the ownership of a livestock management facility or livestock waste

handling facility involving a lagoon that is subject to the financial responsibility

requirements of this Subpart, the new owner must establish and maintain evidence of

financial responsibility at the same level of surety as the previous owner.

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d) The lagoon owner must ensure that the terms and conditions of the surety instrument(s)

listed in subsection (a) of this Section upon which the owner relies are legally valid,

binding, and enforceable under State and federal law.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.603 Level of Surety (Repealed)

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;

and

EC = Engineering contingency determined under subsection (c) of this

Section.

b) The cost factor is obtained from the following:

1) Until December 31, 2002, the cost factor is 10¢ per cubic foot of lagoon

volume.

2) After January 1, 2003 through December 31, 2007, the cost factor is 12¢ per

cubic foot of lagoon volume.

3) After January 1, 2008, the cost factor is 15¢ per cubic foot of lagoon volume.

c) The engineering contingency is equal to 10% of (V x CF).

(Source: Amended at 22 Ill. Reg. 20605, effective November 12, 1998.)

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.604 Upgrading Surety Instrument (Repealed)

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:

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1) a modification resulting in an increase in the volume of the lagoon; or

2) an increase in the cost factor under Section 506.603(b) of this Part.

b) If modification of a lagoon results in a decrease in volumetric capacity, the owner or

operator may provide the Department with documentation of the reduction in

volumetric capacity and request a recalculation of the level of surety. Within 90 days

after a request by the owner or operator under this subsection, the Department must

either:

1) release any surety amount above the level of surety as recalculated based upon

the owner’s documentation of reduction of volumetric capacity; or

2) conduct an inspection and determine the amount by which volumetric capacity

has been decreased.

c) If the Department conducts an inspection under subsection (b), then the Department

must release any surety amount above the level of surety as recalculated based upon the

results of the inspection.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.605 Release of Lagoon Owner and Financial Institution (Repealed)

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 506.209 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

506.602(c) of this Part.

b) The Department must release a financial institution when:

1) A lagoon owner offers an authorized alternative surety that meets the

requirements of Section 506.607(c) of this Part; or

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2) The Department releases the lagoon owner from the requirements of this

Subpart under subsection (a) of this Section.

c) The Department must notify the lagoon owner and financial institution in writing within

60 days after a release under this Section. If a release is based upon proper closure of a

lagoon, notification under this subsection should occur at the same time as notice of

proper closure under Section 506.209(a)(4).

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.606 Financial Responsibility Proceeds (Repealed)

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 506.209

of this Part and:

A) cannot be found; or

B) fails to cure such failure within 30 days after notice from the

Department;

2) The owner fails to obtain Department approval of a lagoon closure plan within

eight months after the date that the lagoon is removed from service, unless the

lagoon is maintained or serviced; or

3) The owner fails to comply with an approved lagoon closure plan and:

A) cannot be found; or

B) fails to cure such noncompliance within 30 days after notice from the

Department.

b) The Department must provide notice to the financial institution providing surety for the

lagoon:

1) when it determines that the lagoon has been removed from service; and

2) when it determines that one of the criteria for liability set forth in subsection (a)

of this Section has been met.

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c) Within 30 days after notice of liability from the Department, the financial institution

must either assume liability for closure of the lagoon and notify the Department of its

election to assume liability, or deposit the amount for which it is liable in connection

with the lagoon into an account from which the Department is authorized to disburse

funds for the purpose of closing the lagoon.

1) If the financial institution assumes liability for closure of the lagoon, it must

submit a lagoon closure plan that meets the requirements of Section 506.209 of

this Part within 60 days after notifying the Department of its election.

Notwithstanding the financial institution’s assumption of liability for closure of

the lagoon, the Department may require the financial institution to deposit funds

up to the amount for which the financial institution is liable under the surety

instrument into an account from which the Department is authorized to disburse

funds for the purpose of closing the lagoon if:

A) The financial institution does not submit the lagoon closure plan as

required and fails to cure such omission within 30 days after notice from

the Department;

B) The financial institution fails to obtain Department approval of a lagoon

closure plan within eight months after the date that it elects to assume

liability for closure of the lagoon, unless the lagoon is maintained or

serviced; or

C) The financial institution fails to comply with an approved lagoon closure

plan and fails to cure such noncompliance within 30 days after notice

from the Department.

2) A financial institution that assumes liability for closure of a lagoon under this

Section remains liable for the full amount of the surety instrument until the

Department issues written notification of completion of closure in accordance

with Section 506.209, notwithstanding the expiration of the instrument utilized

to evidence financial responsibility by the owner.

3) Any amounts that a financial institution may expend for service or maintenance

of the lagoon pending closure or partial closure of the lagoon do not reduce the

amount of the financial institution’s obligation under this subsection (c).

4) If the financial institution elects, or is required under subsection (c)(1) of this

Section, to deposit the funds required by the Department into an account from

which the Department is authorized to disburse funds for the purpose of closing

the lagoon, then the Department shall close the lagoon within the time frame

established under Section 15(e) of the LMFA or as soon as practicable, to the

extent possible utilizing the funds deposited by the financial institution. The

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Department may use any interest earned on deposited funds to close the lagoon.

The Department must release any funds remaining in the account, including any

remaining interest earned on funds in the account, to the financial institution

upon completion of closure.

d) The Department may sue in any court of competent jurisdiction to enforce its rights

under any surety instrument.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.607 Use of Multiple Surety Instruments (Repealed)

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 506.602(b) 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.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.608 Use of a Single Surety Instrument for Multiple Lagoons (Repealed)

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.

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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.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.610 Commercial or Private Insurance (Repealed)

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 506.606(c) of this Part.

e) The policy must provide that the insurer may not cancel or terminate the policy.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.611 Guarantee (Repealed)

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) A guarantor must submit a financial statement to the Department from the guarantor’s

most recent fiscal year.

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c) The Department will review the financial statement, determine if adequate resources

exist to guarantee the closure costs, and notify the lagoon owner of acceptance or denial

within 30 days after receipt of the financial statement by the Department.

d) The guarantor shall guarantee to pay the amount specified in the guarantee upon notice

from the Department as provided in Section 506.606(c) of this Part.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.612 Surety Bond (Repealed)

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 506.209 of this Part.

d) The surety bond must be in substantially the form specified in Appendix A, Illustration

A of this Part.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.613 Letter of Credit (Repealed)

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.

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c) The letter of credit made out to the Department must be accompanied by a letter from

the lagoon owner referring to the letter of credit by number, issuing institution, and

date and providing the following information: name and address of the lagoon site and

the amount of funds assured for closure of the lagoon by the letter of credit.

d) The letter of credit must be substantially in the form specified in Appendix A,

Illustration B of this Part.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.614 Certificate of Deposit or Designated Savings Account (Repealed)

a) A lagoon owner may provide evidence of financial responsibility for closure of a

livestock waste lagoon by designating certificate(s) of deposit or savings account(s) 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 certificate(s) of deposit or savings account(s) 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 506.209

of this Part and:

A. cannot be found; or

B. fails to cure such failure within 30 days after notice from the

Department;

2) The owner fails to obtain Department approval of a lagoon closure plan within

eight months after the date that the lagoon is removed from service, unless the

lagoon is maintained or serviced; or

3) The owner fails to comply with an approved lagoon closure plan and:

A) cannot be found; or

B) fails to cure such noncompliance within 30 days after notice from the

Department.

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d) The Director of the Department shall be listed as trustee of the certificate(s) of deposit

or savings account(s) for the lagoon owner.

e) At maturity of any certificate of deposit designated as financial responsibility for lagoon

closure, the certificate shall be renewed or the proceeds deposited into a designated

savings account that meets the requirements of this Section.

f) The Department shall relinquish trusteeship of the certificate(s) of deposit or savings

account(s) when:

1) The lagoon has been properly closed and a notification of closure completeness

pursuant to Section 506.209 of this Part has been issued to the lagoon owner by

the Department;

2) A waiver has been granted by the Department to the lagoon owner allowing the

lagoon to be used for an alternative purpose pursuant to Section 506.209 of this

Part;

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

506.602(c) of this Part; or

4) A lagoon owner offers an authorized alternative surety which meets the

requirements of Section 506.607(c) of this Part.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.615 Participation in a Livestock Waste Lagoon Closure Fund (Repealed)

a) A lagoon owner may provide evidence of financial responsibility for closure of a

livestock waste lagoon by participating in a livestock waste lagoon closure fund

managed by the Illinois Farm Development Authority. An owner electing to provide

evidence of financial responsibility under this Section must submit a certificate of

participation in such a lagoon closure fund to the Department.

b) The certificate of participation submitted pursuant to subsection (a) of this Section must

include:

1) the level of surety for the lagoon;

2) the dollar amount of coverage provided by the lagoon closure fund;

3) the dates for which coverage is provided; and

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4) a financial statement of the lagoon closure fund establishing the lagoon closure

fund’s compliance with the requirements of this Section.

c) The lagoon closure fund must maintain minimum reserves equal to the greater of:

1) the level of surety of the largest lagoon covered by the lagoon closure fund; or

2) twice the average level of surety of lagoons covered by the fund.

d) The lagoon closure fund must guarantee that funds will be available to close the lagoon.

Upon a notice of liability from the Department, the lagoon closure fund must comply

with the requirements of Section 506.606(c) of this Part.

e) If the reserves of the lagoon closure fund are reduced to less than the minimum amount

required under subsection (b) due to expenditures of funds in order to comply with

Section 506.606(c), then within 120 days after such reduction the lagoon closure fund

must demonstrate to the Department that the minimum reserve level has been restored.

f) The lagoon closure fund may not cancel or terminate coverage prior to the date set forth

in the certification pursuant to subsection (b)(3) of this Section.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.620 Penalties (Repealed)

The Department may order a lagoon removed from service if the owner fails to provide

evidence of financial responsibility to the Department or fails to maintain financial

responsibility in the amount required pursuant to Section 506.603 of this Subpart.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

SUBPART G: SETBACKS

Section 506.701 Applicability (Repealed)

a) All new livestock management or livestock waste handling facilities shall comply with

the setback distances as established in Section 35 of the Livestock Management

Facilities Act [510 ILCS 77/35] and with the provisions of this Subpart.

b) Commencement of operations at a facility reconstructed within two years after partial or

total destruction due to natural causes such as tornado, fire, flood, or earthquake, shall

not be considered the location of a new livestock management or waste handling facility

for setback purposes. Likewise, a residence partially or totally destroyed due to natural

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causes, such as tornado, fire, flood, or earthquake, shall retain its original setback for a

period of no greater than two years, to allow for reconstruction of the residence.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.702 Procedures (Repealed)

a) GRANDFATHER PROVISION: FACILITIES IN EXISTENCE PRIOR TO JULY 15,

1991. LIVESTOCK MANAGEMENT FACILITIES AND LIVESTOCK WASTE

HANDLING FACILITIES IN EXISTENCE PRIOR TO JULY 15, 1991 SHALL

COMPLY WITH SETBACKS IN EXISTENCE PRIOR TO JULY 15, 1991, AS SET

FORTH IN THE ILLINOIS ENVIRONMENTAL PROTECTION ACT AND 35 Ill.

Adm. Code 501.402. [510 ILCS 77/35(a)]

b) GRANDFATHER PROVISION: FACILITIES IN EXISTENCE ON EFFECTIVE

DATE AND AFTER JULY 15, 1991. LIVESTOCK MANAGEMENT FACILITIES

AND LIVESTOCK WASTE HANDLING FACILITIES IN EXISTENCE ON May 21,

1996 (THE EFFECTIVE DATE OF the Livestock Management Facilities ACT) BUT

AFTER JULY 15, 1991 SHALL COMPLY WITH SETBACKS IN EXISTENCE

PRIOR TO May 21, 1996, AS SET FORTH IN THE ILLINOIS ENVIRONMENTAL

PROTECTION ACT AND 35 Ill. Adm. Code 501.402. [510 ILCS 77/35(b)]

c) NEW LIVESTOCK MANAGEMENT OR LIVESTOCK WASTE HANDLING

FACILITIES. ANY NEW FACILITY SHALL COMPLY WITH THE FOLLOWING

SETBACKS: [510 ILCS 77/35(c)]

1) Residence and Non-Farm Residence: FOR PURPOSES OF DETERMINING

SETBACK DISTANCES, MINIMUM DISTANCES SHALL BE MEASURED

FROM THE NEAREST CORNER OF THE RESIDENCE TO THE NEAREST

CORNER OF THE EARTHEN WASTE LAGOON OR LIVESTOCK

MANAGEMENT FACILITY, WHICHEVER IS CLOSER.

2) Common Place of Assembly or Non-Farm Business: For the purposes of

determining setback distances between a common place of assembly or non-farm

business:

a) When the primary activity at a common place of assembly or non-farm

business is an outdoor activity, minimum distances shall be measured

from the nearest corner of the earthen waste lagoon or livestock

management facility to the nearest point on the legal property line of the

common place of assembly or non-farm business.

b) When the primary activity at a common place of assembly or non-farm

business is not an outdoor activity and is an indoor activity, minimum

distances shall be measured from the nearest corner of the earthen waste

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lagoon or livestock management facility to the nearest corner of the

structure where the indoor activity takes place.

3) A LIVESTOCK MANAGEMENT FACILITY OR LIVESTOCK WASTE

HANDLING FACILITY SERVING LESS THAN 50 ANIMAL UNITS

SHALL BE EXEMPT FROM SETBACK DISTANCES AS SET FORTH IN

the Livestock Management Facilities ACT BUT SHALL BE SUBJECT TO

RULES PROMULGATED UNDER THE ILLINOIS ENVIRONMENTAL

PROTECTION ACT.

4) FOR A LIVESTOCK MANAGEMENT FACILITY OR WASTE HANDLING

FACILITY SERVING 50 OR GREATER BUT LESS THAN 1,000 ANIMAL

UNITS, THE MINIMUM SETBACK SHALL BE 1/4 MILE FROM THE

NEAREST OCCUPIED NON-FARM RESIDENCE AND 1/2 MILE FROM

THE NEAREST POPULATED AREA.

5) FOR A LIVESTOCK MANAGEMENT FACILITY OR LIVESTOCK WASTE

HANDLING FACILITY SERVING 1,000 OR GREATER BUT LESS THAN

7,000 ANIMAL UNITS, THE SETBACK IS AS FOLLOWS:

A) FOR A POPULATED AREA, THE MINIMUM SETBACK SHALL BE

INCREASED 440 FEET OVER THE MINIMUM SETBACK OF 1/2

MILE FOR EACH ADDITIONAL 1,000 ANIMAL UNITS OVER

1,000 ANIMAL UNITS.

B) FOR ANY OCCUPIED RESIDENCE, THE MINIMUM SETBACK

SHALL BE INCREASED 220 FEET OVER THE MINIMUM

SETBACK OF 1/4 MILE FOR

EACH ADDITIONAL 1,000 ANIMAL UNITS OVER 1,000 ANIMAL

UNITS.

6) FOR A LIVESTOCK MANAGEMENT FACILITY OR LIVESTOCK WASTE

HANDLING FACILITY SERVING 7,000 OR GREATER ANIMAL UNITS,

THE SETBACK IS AS FOLLOWS:

A) FOR A POPULATED AREA, THE MINIMUM SETBACK SHALL BE

1 MILE.

B) FOR ANY OCCUPIED RESIDENCE, THE MINIMUM SETBACK

SHALL BE 1/2 MILE.

d) REQUIREMENTS GOVERNING THE LOCATION OF A NEW LIVESTOCK

MANAGEMENT FACILITY AND NEW LIVESTOCK WASTE-HANDLING

FACILITY AND CONDITIONS FOR EXEMPTIONS OR COMPLIANCE WITH

THE MAXIMUM FEASIBLE LOCATION AS PROVIDED IN 35 Ill. Adm. Code

501.402 CONCERNING AGRICULTURE Related POLLUTION SHALL APPLY TO

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THOSE FACILITIES IDENTIFIED IN SUBSECTIONS (b) AND (c) OF THIS

SECTION. WITH REGARD TO THE MAXIMUM FEASIBLE LOCATION

REQUIREMENTS, ANY REFERENCE TO A SETBACK DISTANCE IN 35 Ill.

Adm. Code 501.402 SHALL MEAN THE APPROPRIATE DISTANCE AS SET

FORTH IN THIS SECTION. [510 ILCS 77/35(d)]

e) SETBACK CATEGORY SHALL BE DETERMINED BY THE DESIGN CAPACITY

IN ANIMAL UNITS OF THE LIVESTOCK MANAGEMENT FACILITY. [510

ILCS 77/35(e)]

f) SETBACKS MAY BE DECREASED WHEN INNOVATIVE DESIGNS AS

APPROVED BY THE DEPARTMENT ARE INCORPORATED INTO THE

FACILITY. [510 ILCS 77/35(f)]

1) An owner or operator shall request a setback decrease in writing prior to

construction.

2) An owner or operator shall attach to the request for decrease a certification by a

Licensed Professional Engineer that in the professional judgment of the

Licensed Professional Engineer the innovative designs incorporated into the

facility will provide more odor protection than the original setbacks.

3) The Department shall notify the owner or operator of its determination within

30 days after the receipt of the request for decrease. In approving a reduction in

setbacks due to innovative designs, the Department shall specifically find that

such use of an innovative design will provide more odor protection than the

original setbacks.

4) Where the Department grants such a decrease from the setbacks, the Department

must maintain a file which includes all supporting data and justification which it

relied upon in making its determination. This file is subject to public

inspection.

g) A SETBACK MAY BE DECREASED WHEN WAIVERS ARE OBTAINED FROM

OWNERS OF RESIDENCES THAT ARE OCCUPIED AND LOCATED IN THE

SETBACK AREA. [510 ILCS 77/35(g)] A setback also may be decreased when

waivers are obtained from owners of non-farm businesses or common places of

assembly that are located in the setback area.

1) An owner or operator request for a setback decrease shall be in writing and

submitted to the Department prior to construction.

2) An owner or operator shall attach to the request copies of the written and

notarized waivers from all the owner(s) of the residence(s), non-farm

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business(es), and common place(s) of assembly that are located within the

setback area.

3) Within 30 days after receipt of the request and waivers, the Department shall

notify the owner or operator in writing of the setback decrease.

4) When such a decrease from the setbacks is requested, the Department must

maintain a file which includes all supporting data and justification concerning

the setback decrease. This file is subject to public inspection.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.703 Initial Determination of Setbacks (Repealed)

The requirements of this Section do not apply to new livestock management facilities or new

livestock waste handling facilities serving less than 50 animal units.

a) An owner or operator shall file a notice of intent to construct which meets the

informational requirements of subsection (b) of this Section for a new livestock

management facility or new livestock waste handling facility with the Department prior

to construction to establish an initial determination of setbacks.

b) The notice of intent to construct shall contain a legal description of the land on which

the livestock facility will be constructed; the name(s) and addresses of the owner(s) or

operator(s) of the facility; the type and size of the facility and number of animal units;

the names and addresses of the owner(s), including local, State and federal

governments, of the property located within the setback area; the distance to the nearest

populated area, residence, non-farm business, and common place of assembly; a map or

sketch showing the proposed facility and setbacks; and a statement identifying whether

a request for decrease in setbacks, pursuant to Section 506.702(f) or (g), has been

sought and whether the request has been granted or denied yet.

c) The owner or operator shall mail by certified mail the notice of intent to construct to

the owner(s) of the property located within the setback distances. The owner(s) of the

property located within the setback distances are presumed, unless established to the

contrary, to be the person shown by the current collector’s warrant book to be the party

in whose name the taxes were last assessed.

d) Within 30 days after receipt of the notice to construct, the Department shall notify the

owner or operator in writing whether the setback distances have been met.

e) The date the notice of intent to construct is filed with the Department establishes the

base date for the determination of whether residences, non-farm businesses, or common

places of assembly exist for setback purposes and shall remain the base date if

construction begins within one year following receipt of the Department’s determination

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73

or if a lagoon registration form is filed with the Department within one year after

receipt of the Department’s determination of compliance with the setback distances.

f) If the Department determines that the owner or operator has complied with the setback

requirements, later constructed or erected residences, non-farm businesses, or common

places of assembly cannot operate to alter the setback as initially determined, subject to

the limitation in subsection (e) of this Section.

g) Where an intent to construct has been filed, the Department must maintain a file which

includes all filings and supporting data and justification which it relied upon in making

its determination regarding compliance with the setback distances. This file is subject

to public inspection.

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.704 Penalties (Repealed)

a) For violations of the setback distance requirements, the Department may issue one of

the following to the owner or operator of the livestock management facility or livestock

waste handling facility:

1) If during construction, a cease and desist order which prohibits further construction of

the livestock management facility or livestock waste handling facility, prohibits

entry of livestock into the livestock management facility, and prohibits use of

the livestock waste handling facility; or

2) An operational cease and desist order.

b) A cease and desist order issued by the Department pursuant to subsection (a) of this

Section shall be canceled by the Department pursuant to the following:

1) Submission to the Department of a valid waiver as provided for in Section

506.702(g) of this Subpart by the livestock management facility owner or

operator or the livestock waste handling facility owner or operator; or

2) Verification by the Department of compliance with the appropriate setback

distances as described in Section 35 of the Livestock Management Facilities Act

[510 ILCS 77/35].

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506. Appendix A Surety Instruments (Repealed)

Section 506.Illustration A Surety Bond (Repealed)

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74

SURETY BOND

Date bond executed:

Effective date:

Principal:

Type of organization:

State of incorporation:

Surety:

Sites:

Name:

Address:

City:

Amount guaranteed by this bond: $___________________

Name:

Address:

City:

Amount guaranteed by this bond: $___________________

Please attach a separate page if more space is needed for all sites.

Total penal sum of bond $_____________________

Surety's bond number:

The Principal and the Surety promise to pay the Illinois Department of Agriculture

("Department") the above penal sum unless the Principal provides closure for each site in

accordance with 510 ILCS 77/15(e) and 35 Ill. Adm. Code 506.209. To the payment of this

obligation the Principal and Surety jointly and severally bind themselves, their heirs,

executors, administrators, successors and assigns.

Whereas the Principal is required, under Section 15(b) of the Livestock Management Facilities

Act (“LMFA”) to register at least one livestock waste lagoon with the Department; and

Whereas the Principal is required, under Section 17 of the LMFA to evidence financial

responsibility for closure of each registered lagoon; and

Whereas the Surety is licensed by the Illinois Department of Insurance; and

Whereas the Principal and Surety agree that this bond shall be governed by the laws of the

State of Illinois;

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75

The Surety shall pay the penal sum to the Department if, during the term of the bond, the

Department issues a notice of liability to the Surety.

The Surety shall pay the penal sum of the bond to the Department within 30 days after the

Department mails the notice of liability to the Surety unless the Surety assumes responsibility

to provide closure and so notifies the Department. Payment shall be made by deposit of funds

into a designated account upon which the Department is authorized to draw.

The liability of the Surety shall not be discharged by any payment or succession of payments

unless and until such payment or payments shall amount in the aggregate to the penal sum of

the bond. In no event shall the obligation of the Surety exceed the amount of the penal sum.

If the Surety assumes responsibility to provide closure, expenditures made by the Surety for

that purpose may exceed the amount of the penal sum, but the amount of the Surety’s

obligation under this bond is not affected.

This bond shall expire on the ______ day of _____________, _______.

The Principal may terminate this bond by sending written notice to the surety; provided,

however, that no such notice shall become effective until the Surety receives written

authorization for termination of the bond from the Department.

In Witness Whereof, the Principal and Surety have executed this Surety Bond and have affixed

their seals on the date set forth above.

The persons whose signatures appear below certify that they are authorized to execute this

surety bond on behalf of the Principal and Surety.

PRINCIPAL

Signature Name

Typed Name

Address

Title

State of Incorporation

Date

Corporate seal

CORPORATE SURETY

Signature

Typed Name

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76

Title

Corporate seal

Bond premium:

$___________

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

Section 506.Illustration B Irrevocable Standby Letter of Credit (Repealed)

IRREVOCABLE STANDBY LETTER OF CREDIT

Director

Illinois Department of Agriculture

P.O. Box 19281

Springfield IL 62794-9281

Dear Sir or Madam:

We have authority to issue letters of credit. Our letter-of-credit operations are regulated by the

Illinois Commissioner of Banks and Real Estate or our deposits are insured by the Federal

Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. (Omit

language that does not apply.)

We hereby establish our Irrevocable Standby Letter of Credit No. _________in your favor, at

the request and for the account of _______ up to the aggregate amount of _______ U.S.

dollars ($________), available upon presentation of:

1.

 

your sight draft, bearing reference to this letter of credit No._______;

and

2.

 

your signed statement reading as follows: “I certify that the amount of

the draft is payable pursuant to regulations issued under authority of the Livestock

Management Facilities Act [510 ILCS 77] and 35 Ill. Adm. Code 506.606(a) or

506.606(c).”

This letter of credit is effective as of _______ and shall expire on _________.

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77

Whenever this letter of credit is drawn on under and in compliance with the terms of this

credit, we shall duly honor such draft upon presentation to us, and we shall deposit the

amount of draft directly into a designated account in accordance with your instructions.

This letter of credit is governed by the Uniform Commercial Code [810 ILCS 5].

Signature

Typed Name

Title

Date

Name and address of issuing institution

This credit is subject to

(Source: Repealed at 25 Ill. Reg. _______, effective _______.)

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above opinion and order was adopted on the 15th day of February by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

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78

Proposed Section in 8 Ill.

Adm. Code 900

Corresponding Section in

35 Ill. Adm . Code 506

Substantive Changes

900.102 Severability 506.102 Severability None

900.103 Definitions 506.103 Definitions Added “Animal Unit” Laying hens or

broilers multiplied by 0.005 def.; added

“Flood fringe” def.; added

“Floodplain” def.; added “Floodway”

def.; added “inhabited residence” def.;

added “Karst area” def.; added

Karstified carbonate bedrock” def.;

added “Livestock shelter” def.

900.104 Incorporations by

Reference

506.104 Incorporations by

Reference

Added some Incorporations by

Reference

900.105 Recordkeeping 506.105 Recordkeeping None

900.201 Applicability 506.701 Applicability No change

900.202 Procedures 506.702 Procedures No change

900.203 Penalties None New Section, “Penalties” for failure to

comply with setback limitations

900.301 Applicability None Applicability of “Intent to Construct”

forms

900.302 Filing 507.703 Initial

Determination of Setbacks

“Intent to Construct” Notice must be

filed, incorporates statutory changes

900.303 Procedures 506.203 Registration “Procedures” for construction; Notice

of Intent to Construct similar to

registration form; review of Notice;

new notice to county if necessary for

Public Information Meeting

900.304 Establishment of

Base Date and Setback Period

506.Subpart G: Setbacks New Section, incorporates statutory

requirements for establishment of base

date

900.305 Penalties None New Section, incorporates statutory

changes

900.401 Applicability None New Section, incorporates statutory

changes

900.402 Notice None New Section, incorporates statutory

changes

900.403 Request for

Informational Meeting

None New Section, incorporates statutory

changes

900.404 Notice of

Informational Meeting

None New Section, incorporates statutory

changes

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79

900.405 Conduct of

Informational Meeting

None New Section, incorporates statutory

changes

900.406 County Board

Recommendation

None New Section, incorporates statutory

changes

900.407 Final Determination None New Section, incorporates statutory

changes

900.408 Amendment to Plans None New Section, incorporates statutory

changes

900.409 Construction None New Section, incorporates statutory

changes

900.501 Applicability None New Section, applicability to facilities

other than lagoons

900.502 Siting Restrictions

and Additional Construction

Requirements

None New Section, for livestock facilities

constructed after July 13, 1999; not

within floodplains, prevent seepage

into groundwater

900.503 Livestock Facilities

Not Subject to the Public

Informational Meeting

Process

None New Section, incorporates statutory

changes

900.504 Livestock Facilities

Subject to the Public

Informational Meeting

Process

None New Section, must complete

registration of construction plans,

results of site investigation

900.505 Inspections None New Section, inspections of

construction site by Dept. of AG

900.506 Certification of

Compliance

None New Section, incorporates statutory

changes

900.507 Failure to Register

Construction Plans

None New Section, incorporates statutory

changes

900.508 Removal From

Service

506.209 Lagoon Closure

and Ownership Transfer

waste must be removed within 12

months according to waste

management plan as opposed to lagoon

closure plan

900.509 Return to Service None New Section, incorporates statutory

changes

900.510 Odor Control None New Section, incorporates

statutory changes

900.511 Perimeter Drainage

Tubing Sampling, Analysis

and Reporting Procedures

None New Section added at Second Notice.

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80

.601 Applicability .201 Applicability more specific applicability dates;

grandfather clause for current facilities

.602 Lagoon Siting

Restrictions and Additional

Construction Requirements

None all statutory language; deals with

construction requirements, clarifies

construction standards and

specifications will be set forth in

Board rules

.603 Registration .203 Registration requires registration at least 37 days

prior to construction; raises fees from

$50 to $250; more specific registration

information (i.e. floodplain

information); adds requirement for

informational meeting

.604 Lagoon Construction,

Registration, and Certification

Inspections

None expands department authority to

inspect and certify livestock waste

lagoons

.605 Certification of

Construction

.207 Certification of

Construction

contains new statutory requirements for

certification of lagoon construction

.606 Failure to Register or

Construct in Accordance with

Standards

.208 Failure to Register or

Construct in Accordance

with Standards

no changes

.607 Lagoon Operational

Inspections

None contains statutory requirements for

random visual inspections and

penalties to be assessed for violations

resulting from inspections

.608 Lagoon Closure .209 Lagoon Closure and

Ownership Transfer & .106

Alternatives,

Modifications, and

Waivers

new sampling requirements and

analysis of nutrient content of all

remaining livestock waste, sludge and

6 in. of soil from lagoon interior; new

requirement to restore topography to

preconstruction condition; new waiver

requirements

.609 Odor Control None contains new odor control requirements

.610 Ownership Transfer .209 Lagoon Closure and

Ownership Transfer

no changes

900.611 Monitoring Well

Sampling, Analysis

None New Section added at Second Notice.

.701 Scope, Applicability, and

Definitions

.601 Scope, Applicability,

and Definitions

adds two definitions; “Audited

financial statement” and “Guarantor”

.702 Mechanisms for

Providing Evidence of

Financial Responsibility

.602 Mechanisms for

Providing Evidence of

Financial Responsibility

no changes

.703 Level of Surety .603 Level of Surety no changes

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81

.704 Upgrading Surety

Instruments

.604 Upgrading Surety

Instruments

no changes

.705 Release of Lagoon

Owner and Financial

Institution

.605 Release of Lagoon

Owner and Financial

Institution

no changes

.706 Financial Responsibility

Proceeds

.606 Release of Lagoon

Owner and Financial

Institution

no changes

.707 Use of Multiple Surety

Instruments

.607 Use of Multiple

Surety Instruments

no changes

.708 Use of a Single Surety

Instrument for Multiple

Lagoons

.608 Use of a Single Surety

Instrument for Multiple

Lagoons

no changes

.709 Commercial or Private

Insurance

.610 Commercial or Private

Insurance

no changes

.710 Guarantee .611 Guarantee contains more detail in reporting

requirements-time frames are not

changed

.711 Surety Bond .612 Surety Bond no changes

.712 Letter of Credit .613 Letter of Credit no changes

.713 Certificate of Deposit or

Designated Savings Account

.614 Certificate of Deposit

or Designated Savings

Account

no changes

.714 Participation in a

Livestock Waste Lagoon

Closure Fund

.615 Participation in a

Livestock Waste Lagoon

Closure Fund

no changes

.720 Penalties .620 Penalties no changes

Subpart H: Waste

Management Plan

Subpart C: Waste

Management Plan

.801 Purpose .301 Purpose adds language for land application

based on phosphorous rates

.802 Scope and Applicability .302 Scope and

Applicability

adds new statutory language related to

land application of animal waste;

lowers animal unit requirements from

7,000 to 5,000; new language on

submission of management plans to the

Department

.803 Waste Management Plan

Contents

.303 Waste Management

Plan Contents

does not include Board requirement

for; directions to facility from nearest

post office or estimation of annual

waste to be disposed of. Adds new

statutory language

.804 Livestock Waste .304 Livestock Waste new statutory requirements for

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82

Volumes Volumes estimating annual volume of available

waste for land application

.805 Nutrient Value of

Livestock Waste

.305 Nutrient Content of

Livestock Waste

new sources included to indicate

maximum and minimum values to be

used when planning for nitrogen

content of waste.

.806 Adjustments to Nitrogen

Availability

.306 Adjustments to

Nitrogen Availability

more specific requirements for

adjustments

.807 Targeted Crop Yield

Goal

.307 Targeted Crop Yield

Goal

adds subsection requiring nitrogen and

phosphorus fertilization rates

.808 Nitrogen Credits .309 Nitrogen Credits no changes

.809 Records of Waste

Disposal

.310 Records of Waste

Disposal

no changes

.810 Approval of Waste

Management Plans

.311 Approval of Waste

Management Plans

no changes

.811 Sludge Removal .312 Sludge Removal adds phosphorus based application

restrictions

.812 Soil Phosphorus Testing None new requirement; requires sampling

every 3 years

.814 Plan Updates .313 Plan Updates requires plans be updated when there is

a change in waste volume and when

there is a change in phosphorus test

results

.815 Penalties .314 Penalties statutory increase in penalties from

$500 to $1,000 for first violations

.816 Odor Control None new statutory requirements

Subpart I: Certified Livestock

Manager

None

.901 Applicability .401 Applicability new statutory requirements for

certification of livestock managers