R97014D.PDF

ILLINOIS POLLUTION CONTROL BOARD

March 20, 1997

IN MATTER OF:

EMERGENCY RULEMAKING:

LIVESTOCK WASTE REGULATIONS 35

ILL. ADM. CODE 505

)

R97-14

(Rulemaking - Emergency)

ADOPTED EMERGENCY RULE EXTENSION. SUPPLEMENTAL FINAL

ORDER.

OPINION AND ORDER OF THE BOARD (by G.T. Girard, C.A. Manning, R.C.

Flemal):

On October 29, 1996, the Board found that: “the construction and operation of

large livestock management facilities without specifically required and enforceable

design standards constitutes ‘a threat to public interest, safety or welfare’ to the citizens

of the State of Illinois.” (R97-14, Emergency Rulemaking: Livestock Waste

Regulations 35 Ill. Adm. Code 505, (October 29, 1996) at 6.) Therefore, on that date,

the Board adopted an emergency rule to implement provisions of the Livestock

Management Facilities Act (LMFAct) (P.A. 89-456, eff. May 21, 1996). Pursuant to

Section 5-45 of the Illinois Administrative Procedure Act (APA) (5 ILCS 100/5-45),

the rule is effective “for a period of not longer than 150 days”. The Board filed the

rule, with the Secretary of State’s Administrative Code Division on October 31, 1996;

thus, the rule will expire by March 30, 1997.

On December 5, 1996, the Board adopted a first notice opinion and order in the

permanent rules which will replace these emergency rules adopted on October 29,

1996. (In the matter of: Livestock Waste Regulations 35 Ill. Adm. Code 506,

(December 5, 1996).) The Board adopts, by separate order today, the second notice of

the permanent rule. However, the Board will be unable to adopt the permanent rules as

final until near the end of May 1997. Thus, the emergency rule will expire almost two

months prior to the adoption of the permanent rules.

Pursuant to Section 5-45 of the APA, in general, an emergency rule may not be

adopted more than once in any 24 month period. However, on February 21, 1997

P.A. 89-714 became effective. P.A. 89-714 exempts emergency rules adopted by the

Board prior to July 1, 1997 which implement the LMFAct from the prohibition

contained in Section 5-45 of the APA. Therefore, to insure that there is no gap

between the emergency rules promulgated by the Board to implement the LMFAct and

the permanent rules to do the same, the Board readopts the emergency rules which

were adopted on October 29, 1996. These rules will be effective until such date as the

permanent rules are adopted. For a more thorough discussion of these rules, we refer

you to the Board’s October 29, 1996, opinion in this matter.

ORDER

The Board directs the Clerk to cause the filing of the following emergency rule

with the Secretary of State Administrative Code.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE E: AGRICULTURE RELATED POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 505

LIVESTOCK WASTE REGULATIONS

SUBPART A: GENERAL PROVISIONS

Section

505.101

Applicability

505.102

Severability

505.103

Definitions

505.104

Incorporations by Reference

SUBPART B: STANDARDS FOR LIVESTOCK WASTE LAGOONS

Section

505.201

Applicability

505.202

Site Investigation

505.203

Registration

505.204

Lagoon Design Standards

505.205

Liner Standards

505.206

Groundwater Monitoring

505.207

Certification of Construction

505.208

Failure to Register or Construct in Accordance with Standards

SUBPART C: WASTE MANAGEMENT PLANS

Section

505.301

Purpose

505.302

Scope and Applicability

505.303

Waste Management Plan Contents

505.304

Livestock Waste Volumes

505.305

Nutrient Content of Livestock Waste

505.306

Adjustment to Nitrogen Availability

505.307

Optimum Crop Yields

505.308

Crop Nutrient Requirements

505.309

Nitrogen Credits

505.310

Records of Waste Disposal

505.311

Approval of Waste Management Plans

505.312

Penalties

SUBPART D: CERTIFIED LIVESTOCK MANAGER

Section

505.401

Applicability

505.402

Training Sessions

505.403

Examinations

505.404

Methods of Certification

505.405

Training Materials and Training Fees

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

ILCS 5/27] and implementing the Livestock Management Facilities Act [P.A. 89-456,

effective May 21, 1996, 510 ILCS 77/1

et.seq.

SOURCE: Emergency amendment adopted in R97-14 at 20 Ill. Reg.

______________, effective ________________________ .

NOTE: Capitalization denotes statutory language.

Section 505.101

Applicability

This Subpart shall apply to 35 Ill. Adm. Code 505. The applicability of Subpart B,

Standards for Livestock Waste Lagoons, is set forth in Section 505.201 of this Part.

The applicability of Subpart C, Waste Management Plans, is set forth at Section

505.302 of this Part. The applicability of Subpart D, Certified Livestock Manager, is

set forth at Section 505.401 of this Part.

Section 505.102

Severability

If any provision of this Part or its application to any person or under any other

circumstances is adjudged invalid, such adjudication does not affect the validity of this

Part as a whole or of any portion not adjudged invalid.

Section 505.103

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 their associated meaning as follows:

“Agency” means the Illinois Environmental Protection Agency.

“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.

“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 0.01 (IF

THE FACILITY HAS CONTINUOUS OVERFLOW

WATERING).

10)

LAYING HENS OR BROILERS MULTIPLIED BY 0.03 (IF

THE FACILITY HAS A LIQUID MANURE HANDLING

SYSTEM).

11)

DUCKS MULTIPLIED BY 0.02.

(510 ILCS 77/10.10.)

“Aquifer material” means carbonate or sandstone bedrock of any thickness; or

sand 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 Section 505.202 of this Part.

“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.)

“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.)

“LIVESTOCK MANAGEMENT FACILITY” MEANS ANY ANIMAL

FEEDING OPERATION, LIVESTOCK SHELTER, OR ON-FARM MILKING

AND ACCOMPANYING MILK-HANDLING AREA. TWO OR MORE

LIVESTOCK MANAGEMENT FACILITIES UNDER COMMON

OWNERSHIP, WHERE THE FACILITIES ARE NOT SEPARATED BY A

MINIMUM DISTANCE OF 1/4 MILE, AND THAT SHARE A COMMON

LIVESTOCK WASTE HANDLING FACILITY SHALL BE CONSIDERED A

SINGLE LIVESTOCK MANAGEMENT FACILITY. A LIVESTOCK

MANAGEMENT FACILITY AT EDUCATIONAL INSTITUTIONS,

LIVESTOCK PASTURE OPERATIONS, WHERE ANIMALS ARE HOUSED

ON A TEMPORARY BASIS SUCH AS COUNTY AND STATE FAIRS,

LIVESTOCK SHOWS, RACE TRACKS, AND HORSE BREEDING AND

FOALING FARMS, AND MARKET HOLDING FACILITIES ARE NOT

SUBJECT TO THE Livestock Management Facility Act or the requirements of

this Part. (510 ILCS 77/10.30.)

“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.)

“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 THE

EFFECTIVE DATE OF THE Livestock Management Facility 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 NEW FACILITY SHALL NOT BE DEEMED A NEW FACILITY

AS USED IN THE Livestock Management Facility ACT. (510 ILCS 77/10.45.)

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

FARM RESIDENCE. (510 ILCS 77/10.47.)

“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

lagoon 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.)

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

of size 0.05 millimeters to 2.00 millimeters, which according to USDA soil

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

portions of sandy loam and sandy clay loam textures.

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

(particles of 2 mm or less) that is consistent with the above definition of “sand”

and particles larger than two millimeters in size.

Section 505.104

Incorporations by Reference

The Board incorporates the following materials by reference:

ASAE. American Society of Agricultural Engineers, 2950 Niles

Road, St. Joseph, MI 49085-9659 (616) 429-5585, “Design of

Anaerobic Lagoons for Animal Waste Management”, ASAE

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

MWPS. MidWest Plan Service, Iowa State University, Ames,

Iowa 50011-3080 (515) 294-4337, “Livestock Waste Facilities

Handbook”, MWPS-18, 3

Edition, 1993.

USDA-NRCS. United States Department of Agriculture -

Natural Resources Conservation Service, 1902 Fox Drive,

Champaign, IL 61820, “Waste Treatment Lagoon”, Illinois Field

Office Technical Guide, Section IV, IL359, 5p.

University of Illinois at Urbana-Champaign, Office of

Agricultural Communications and Education, 67X Mumford

Hall, 1301 West Gregory Drive, Urbana, Illinois 61801 (217)

333-2007, “Illinois Agronomy Handbook 1995-1996", Circular

1333, 1994, 201 p.

This Section incorporates no later amendments or editions.

SUBPART B: STANDARDS FOR LIVESTOCK WASTE LAGOONS

Section 505.201

Applicability

This Subpart applies to any lagoon that:

Is located at a livestock management facility that has a maximum

design capacity of 300 animal units or more; and

Is new or modified and has not been placed in service as of the

effective date of this Part.

For the purposes of this Subpart the number of animal units at a

livestock management facility is the one-time maximum design capacity

of that livestock management facility.

Section 505.202

Site Investigation

The owner or operator of a livestock waste lagoon shall conduct a site

investigation in accordance with the requirements of this Section to

determine if aquifer material is present (or not present) within 50 feet of

the planned bottom of the lagoon.

The owner or operator shall, at a minimum, perform one or more soil

borings to determine the presence of aquifer material as follows:

The soil boring shall extend to a depth that includes 50 feet from

the bottom of lagoon native soil or to bedrock;

If bedrock is encountered, additional soil borings may be

necessary to verify the presence of aquifer material; and

Soil borings shall be continuous to ensure that no gaps appear in

the sample column.

THE OWNER OR OPERATOR OF THE EARTHEN LIVESTOCK

LAGOON MAY, WITH APPROVAL FROM THE DEPARTMENT,

MODIFY OR EXCEED THESE STANDARDS IN ORDER TO MEET

SITE SPECIFIC OBJECTIVES. (510 ILCS 77/15(a).)

The site investigation in accordance with this Section shall be conducted

under the direction of a Licensed Professional Engineer. Upon

completion of site investigation, the supervising Licensed Professional

Engineer shall certify that the site investigation meets all the applicable

requirements of this Section, and whether aquifer material is present (or

not present) within 50 feet of the planned bottom of the lagoon in

accordance with Section 505.203 of this Part.

Section 505.203

Registration

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).)

The registration form, accompanied by a $50 fee, shall include the

following:

NAME(S) AND ADDRESS(ES) OF THE OWNER AND

OPERATOR WHO ARE RESPONSIBLE FOR THE

LIVESTOCK WASTE LAGOON;

GENERAL LOCATION OF LAGOON;

DESIGN CONSTRUCTION PLANS AND SPECIFICATIONS;

SPECIFIC LOCATION INFORMATION (noted on a facility site

map):

DISTANCE TO THE NEAREST PRIVATE OR PUBLIC

POTABLE WELL;

DISTANCE TO THE NEAREST OCCUPIED PRIVATE

RESIDENCE (OTHER THAN ANY OCCUPIED BY

THE OWNER OR OPERATOR);

DISTANCE TO THE NEAREST STREAM; AND

DISTANCE TO THE NEAREST POPULATED AREA;

ANTICIPATED BEGINNING AND ENDING DATES OF

LAGOON CONSTRUCTION;

TYPE OF LIVESTOCK AND NUMBER OF ANIMAL UNITS;

A certification by the supervising Licensed Professional

Engineer, accompanied by supporting justification and data,

certifying that the site investigation meets all the applicable

requirements of Section 505.202 of this Part, whether aquifer

material is present (or not present) within 50 feet of the planned

bottom of the lagoon; and

10)

Where applicable a copy of the synthetic liner manufacturer’s

compatibility statement and liner maintenance guidelines.

(510 ILCS 77/15(b).)

THE DEPARTMENT UPON RECEIPT OF 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 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.

(510 ILCS 77/15(b).)

Section 505.204

Lagoon Design Standards

The owner or operator of ANY LIVESTOCK WASTE LAGOON

SUBJECT TO this part SHALL CONSTRUCT OR MODIFY the lagoon

IN ACCORDANCE WITH (510 ILCS 77/15(a)):

“DESIGN OF ANAEROBIC LAGOONS FOR ANIMAL

WASTE MANAGEMENT”, ASAE ENGINEERING

PRACTICE 403.1; 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 505.104 (510

ILCS 77/15(a)); and

The additional design standards specified in subsections (c)

through (g) of this Section.

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).)

The owner or operator shall conduct site investigation in accordance with

Section 505.202 of this Part to determine if aquifer material is present

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

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:

If the upper most 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.

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.

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.

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 in-situ

soil liner, a borrowed clay, clay/bentonite mixture or a synthetic liner

meeting the requirements of Section 505.205 of this Part.

If the owner or operator determines that groundwater monitoring is

required for the lagoon pursuant to this Section, the design of lagoon

shall include the implementation of a groundwater monitoring program

in accordance with Section 505.206 of this Part.

Any livestock waste lagoon subject shall meet or exceed the following:

Earthen walls shall have side slopes not to exceed a 3 to 1 ratio

of horizontal to vertical;

The total capacity of any newly constructed lagoon shall be

sufficient to store the waste generated by the facility for no less

than 270 days;

Any lagoon exposed to precipitation shall have sufficient

freeboard capacity to contain a 25 year, 24 hour storm, but in no

case shall there be less than a 2 feet freeboard capacity; and

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 and the subsurface drainage line.

Section 505.205

Liner Standards

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

liner constructed from in-situ soils, borrowed clay or a clay/bentonite

mixture, or a synthetic liner pursuant to Section 505.204(c) of this Part

shall comply with the requirements of this Section.

A liner constructed using in-situ soil or borrowed clay or clay/bentonite

mixtures shall meet the following standards:

The minimum liner thickness shall be 2 feet;

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

thickness;

The liner shall be compacted to achieve a hydraulic conductivity

equal to or less than 1 x 10

-7

centimeters/second; and

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.

Any synthetic liner used in the construction of a livestock waste lagoon

shall meet the following standards:

The liner shall be designed to perform equivalent to or better than

a liner that conforms to subsection (b) above;

The liner manufacturer shall provide to the owner or operator the

liner maintenance guidelines and shall certify that the liner is

chemically compatible with:

The livestock waste being stored; and

The supporting soil materials.

The liner shall be supported by a compacted base free from sharp

objects;

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;

The liner seams shall be made in the field according to the manu-

facturer'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

The owner or operator shall maintain a copy of the

manufacturer’s compatibility statement and liner installation and

maintenance guidelines at the facility.

The construction or 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 that the liner

meets all the applicable requirements of this Section. Such certification

shall include all supporting justification and data.

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 Section 505.207

of this Part.

Section 505.206

Groundwater Monitoring

The owner or operator of any livestock waste lagoon required to

implement groundwater monitoring pursuant to Section 505.204(c) of

this Part shall implement a monitoring program which meets the

requirements of this Section.

The groundwater monitoring network shall consist of a minimum of

three monitoring wells located on the basis of local groundwater

conditions with at least two wells downgradient of the lagoon.

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

The requirements of Illinois Water Well Construction Code at 77

Ill. Adm. Code 920.170;

The top of the well screen shall be set below the seasonal low

water table depth;

Monitoring well shall utilize a five foot screened interval; and

The screen shall be set in a sand pack of no less than five feet and

no greater than seven feet.

Monitoring wells shall be sampled once prior to placing the lagoon in

service and quarterly thereafter. The samples shall be analyzed for

nitrate-nitrogen, phosphate-phosphorous, chloride, organic carbon,

sulfate, ammonia-nitrogen, Escherichia coli, and fecal coliform or fecal

strep. Analytical results shall be submitted to the Department within 30

days of receipt and shall include a discussion relative to the significance

of the results.

Section 505.207

Certification of Construction

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).)

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 505.205 of this Part.

Such certification shall be submitted to the Department prior to placing

the lagoon in service and include supporting data and justification.

Upon completion of the construction or modification but before placing

the lagoon in service, the owner or operator shall certify to the

Department on a form provided by the Department that the lagoon has

been constructed or modified in accordance with the requirements of this

Part and that the information provided during the registration process is

correct. The certification notice to the Department shall include a

certification statement as required under Section 15(b)(2) of the

Livestock Management Facilities Act (510 ILCS 77/1 et seq.) and the

signature of the owner or operator.

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).)

Section 505.208

Failure to Register or Construct in Accordance with Standards

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 this

part SHALL, UPON BEING IDENTIFIED AS SUCH BY THE DEPARTMENT, BE

GIVEN WRITTEN NOTICE BY THE DEPARTMENT TO REGISTER WITHIN 10

WORKING DAYS OF RECEIPT OF THE NOTICE. THE DEPARTMENT MAY

INSPECT SUCH LAGOON AND REQUIRE COMPLIANCE IN ACCORDANCE

with 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 AND DESIST ORDER

UNTIL SUCH TIME AS COMPLIANCE IS OBTAINED WITH THE

REQUIREMENTS OF THIS PART. FAILURE TO CONSTRUCT THE LAGOON

IN ACCORDANCE WITH THE REQUIREMENTS of this Part AND

DEPARTMENT RECOMMENDATIONS IS A BUSINESS OFFENSE PUNISHABLE

BY A FINE OF NOT MORE THAN $5,000. (510 ILCS 77/15(f).)

SUBPART C: WASTE MANAGEMENT PLAN

Section 505.301

Purpose

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 agronomic crop nitrogen usage rates.

Section 505.302

Scope and Applicability

The owner or operator of a livestock management facility with less than

1,000 animal units shall not be required to prepare and maintain a waste

management plan.

The owner or operator of a livestock management facility with 1,000 or

greater but less than 7,000 animal units shall comply with the following:

For facilities in existence as of the effective date of this Part, the

owner or operator shall prepare and maintain a waste

management plan within 60 working days after the effective date

of this Part;

For facilities which commence operations after the effective date

of this Part, the owner or operator shall prepare and maintain a

waste management plan within 60 working days of commencing

operations;

For facilities that reach or exceed 1,000 animal units through

expansion, the owner or operator shall prepare and maintain a

waste management plan within 60 working days after reaching or

exceeding 1,000 animal units;

Prior to the end of the time period in subsections 505.302(b)(1)

through (b)(3) above the owner or operator shall submit to the

Department a form certifying that a livestock waste management

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

the plan; and

The livestock waste management plan and records of waste

disposal pursuant to Section 505.310 of this Part shall be kept on

file at the facility for three years and shall be available for

inspection by Department personnel during normal business

hours.

The owner or operator of a livestock management facility with 7,000 or

greater animal units shall comply with the following:

For facilities in existence as of the effective date of this Part, the

owner or operator shall submit to the Department a waste

management plan within 60 working days after the effective date

of this Part for approval by the Department;

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;

For 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 of reaching or

exceeding 7,000 animal units for approval by the Department;

and

Records of livestock waste disposal pursuant to Section 505.310

of this Part shall be kept on file at the facility for three years and

shall be available for inspection by Department personnel during

normal business hours.

For the purposes of this Subpart the number of animal units at a

livestock management facility is the one-time maximum design capacity

of that livestock management facility.

A separate waste management plan shall be developed for each livestock

waste handling facility and each separate type of livestock waste storage

structure or system. Waste from different types of storage structures

may be applied to the same land provided that the maximum nitrogen

application rate to obtain optimum crop yields is not exceeded.

Notwithstanding the above provisions, a livestock management facility

subject to this Subpart may be operated on an interim basis but not to

exceed six months after the effective date of these rules to allow for the

owner or operator of the facility to develop a waste management plan.

Section 505.303

Waste Management Plan Contents

The Livestock Waste Management Plan shall contain the following items:

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

facility;

Name, address, and phone number of the manager or operator if

different than the owner(s);

Address, phone number, and plat location of the facility, and directions

from nearest post office;

Type of waste storage for the facility;

Species, general size, and number of animals at the facility;

Aerial photos and maps outlining fields available and intended for

livestock waste applications with available acreage listed and with

residences, streams, wells, waterways, lakes, ponds, rivers, drainage

ditches, and other water sources indicated;

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;

An estimate of the volume of livestock waste to be disposed of annually;

Cropping schedule for each field for the past year, the current year, and

the next two years after the current year;

Optimum crop yields for each crop in each field, verified by yield

history, if available;

Nutrient content of the livestock waste;

Livestock waste application methods;

Calculations showing the following:

Amount of available livestock waste to be applied to growing

crops;

Amount of nutrients available for application;

Nitrogen losses due to type of waste storage and method of

application;

Amount of plant-available nitrogen including mineralization of

organic nitrogen;

Amount of nutrients required by each crop in each field based on

optimum crop yields;

Nitrogen credits from previous crops and from any manure

applications during the previous three years for each application

field;

Livestock waste application rate based on nitrogen for each

application field; and

Land area required for application;

A listing of fields and the planned livestock waste application amounts

for each field;

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 requirements of this provision;

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;

A provision that livestock waste may not be applied in a 10-year flood

plain unless the injection or incorporation method of application is used;

A provision that livestock waste may not be applied in waterways,

however livestock waste may be applied in grassed waterways with

irrigation systems if the slope of the land is less than 5%, the distance to

surface water is greater than 200 feet, the distance to potable water is

greater than 150 feet, and precipitation is not expected within 24 hours;

and

A provision that if waste is spread on frozen or snow-covered land, the

application will be limited to land areas on which:

Land slopes are 5% or less; or

Adequate erosion control practices exist.

Section 505.304

Livestock Waste Volumes

Information for determining the amount of livestock waste available to be applied as

required in Section 505.303(m)(1) of this Part shall be obtained as follows:

For lagoons, or other structures containing diluted livestock waste, the

facility owner or operator shall determine the volume for disposal

through site specific measurements. An explanation of the method used

to determine the volume for disposal shall be provided by the owner or

operator and included in the plan.

For storage tanks or other holding structures containing undiluted

livestock waste, site specific measurements of volume are preferred. In

lieu of actual measurements, values from Table 2-1, MWPS-18,

Livestock Waste Facilities Handbook, p. 2.1 may be used.

Section 505.305

Nutrient Content of Livestock Waste

Values of nutrient content in livestock waste, as required in Section 505.303(m)(2) of

this Part, may be obtained from Tables 2-1, 2-2, 10-6, or 10-7, MWPS-18, Livestock

Waste Facilities Handbook, pp. 2.1, 2.2, 10.4, 10.5, or from the results of an analysis

performed on samples of waste from the livestock facility. Laboratory analysis results

shall be included in the waste management plan if the data is used for determining the

nutrient content.

Section 505.306

Adjustments to Nitrogen Availability

For Section 505.303(m)(3) of this Part, correction factors for nutrient

loss from livestock waste due to type of handling and storage shall be

obtained from Table 10-1, MWPS-18, Livestock Waste Facilities

Handbook, p. 10.2, if nutrient content data is obtained from Tables 2-1

or 2-2, MWPS-18, Livestock Waste Facilities Handbook, pp. 2.1, 2.2.

For Section 505.303(m)(3) of this Part, correction factors for nitrogen

loss from livestock waste due to method of application to the land shall

be obtained from Table 10-2, MWPS-18, Livestock Waste Facilities

Handbook, p. 10.2.

For Section 505.303(m)(4) of this Part, factors for calculating available

nitrogen from organic nitrogen in livestock waste shall be obtained from

Table 10-5, MWPS-18, Livestock Waste Facilities Handbook, p. 10.4.

Section 505.307

Optimum Crop Yields

The optimum crop yield goal, as required in Section 505.303(m)(5) of this Part, shall

be determined for the land where the livestock waste is to be applied. The optimum

crop yield can be determined using one of the following methods:

Proven yields. Yield records shall be submitted for the past five years

with a description of how the yield was proven. Data from years with

crop disasters may be discarded. A minimum of three years data shall

be submitted.

Crop insurance yields. A copy of the determined yield shall be

submitted.

Farm Service Agency yields. A copy of the determined crop yield shall

be submitted.

Soils based yield data from the Natural Resources Conservation Service.

A soil map of the application areas shall be submitted. The optimum

crop yield shall be determined by a weighted average of the soil

interpretation yield records for the areas that will receive livestock

waste.

Section 505.308

Crop Nutrient Requirements

For Section 505.303(m)(5) of this Part, values for nutrients required for various crops

in Illinois shall be obtained from Tables 11.12, 11.13 and 11.14, Circular 1333,

Illinois Agronomy Handbook 1995-1996, pp. 82, 83 or from recommendations of the

University of Illinois Cooperative Extension Service for crops not listed. For corn and

grain, the nitrogen rate shall be 1.22 to 1.32 pounds per bushel of optimum yield.

Nitrogen may be applied to soybeans at the same rate as if corn was being grown.

Section 505.309

Nitrogen Credits

For Section 505.303(m)(6) of this Part, nitrogen credits from previous

crops shall be obtained from Table 11.14, Circular 1333, Illinois

Agronomy Handbook 1995-1996, p. 83. Nitrogen credits for previously

applied livestock waste (manure) shall not be taken from Table 11.14,

but shall be obtained according to Section 505.309(b) of this Part.

Nitrogen credits shall be calculated for the mineralized organic nitrogen

in livestock waste applied during the previous three years at the rate of

50%, 25%, and 12.5%, respectively, of that mineralized during the first

year.

Section 505.310

Records of Waste Disposal

Records of the livestock waste disposal shall include the following items:

Date of livestock waste application;

Field identification;

Method of application;

Livestock waste application rate;

Number of acres receiving waste; and

Amount of livestock waste applied.

Section 505.311

Approval of Waste Management Plans

Department approval of livestock waste management plans shall be based

on the following criteria:

Livestock waste application rates of nitrogen based on crop usage

for optimum yields;

Demonstration of adequate land area for waste application based

on Section 505.303 of this Part; and

Completeness and accuracy of plan contents as specified in

Section 505.303 of this Part.

The owner or operator of the livestock management facility shall be

notified by the Department within 30 working days of receipt of the

livestock waste management plan that the plan has been approved or that

further information or changes are needed. The owner or operator shall

provide the information or changes within 30 working days.

Section 505.312

Penalties

Any person who is required to prepare and maintain 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 and

maintain 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 to prepare and

maintain a waste management plan within 30 working days. For failure

to prepare and maintain 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.

Warning letters shall be sent via certified mail. The time period for a

response by the livestock management facility owner or operator shall

begin upon receipt of the warning letter.

A waste management plan prepared pursuant to a warning letter or

compliance agreement shall be subject to approval by the Department

according to Section 505.311 of this Part.

Penalties shall not be imposed for excessive nitrogen application for

unplanned cropping changes due to the weather or other unforeseeable

circumstances.

SUBPART D: CERTIFIED LIVESTOCK MANAGER

Section 505.401

Applicability

A livestock waste handling facility serving 300 or greater animal units

shall be operated only under the supervision of a certified livestock

manager. 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 77/1 et seq.) and

further described in this Part. Livestock Managers shall establish or

re-establish certification when required to do so in accordance with

Section 30 of the Livestock Management Facilities Act (510 ILCS 77/1

et seq.).

For the purposes of this Subpart the number of animal units at a

livestock management facility is the one-time maximum design capacity

of that livestock management facility.

Section 505.402

Training Sessions

A training session intended to assist livestock managers in meeting the

requirements of certification shall be a minimum of three (3) hours

duration and must address all general competency standards as

established in Section 30 of the Livestock Management Facilities Act

(510 ILCS 77/1 et seq.).

Training sessions offered by organizations other than the Department

shall first be approved by the Department to be a valid method of

certification for livestock managers under Section 30(d) of the Livestock

Management Facilities Act (510 ILCS 77/1 et seq.).

Requests for training session approval shall be made in writing to

the Department prior to their offering. Such requests shall

include a specific course outline with contact time periods

associated with each topic and copies of all handout materials to

be utilized in the proposed training program.

The Department shall review the request and associated materials

for compliance with the requirements included at Section 30(b) of

the Livestock Management Facilities Act (510 ILCS 77/1 et seq.)

and provide notification in writing to the organization whether

the request is approved or denied.

An attendance list shall be maintained by the sponsoring

organization at all approved training sessions. Upon completion

of an approved session, the sponsoring organization shall forward

a copy of the attendance sheet to the Department.

Section 505.403

Examinations

The closed book examination will consist of 100 questions pertinent to

general competency standards (see Section 30(b) of the Livestock

Management Facilities Act (510 ILCS 77/1 et seq.)) for which a correct

answer is to be selected for each question from multiple choice answers.

A person may only make two attempts to successfully complete a written

competency examination in any one normal work day. The examination

can only be taken a maximum of three (3) times within any six month

period.

Section 505.404

Methods of Certification

Livestock Manager certification will be granted or denied by the Department after

compliance is established with Section 30(d)(1) or (2) of the Livestock Management

Facilities Act (510 ILCS 77/1 et seq.) and upon receipt of the prescribed certification

fee:

If the method of compliance establishment includes a written

examination, a minimum of 70% of the answers must be correct for

certification to be granted;

If the method of compliance establishment is attendance at a training

session, the session must have been pre-approved by the Department and

the applicant’s name must appear on the attendance list; and

In addition, all information requested on the examination application

must be provided for certification to be granted.

Section 505.405

Training Materials and Training Fees

Forms and training materials for livestock manager certification will be

available at the local level at the Department’s direction and at

Department offices.

The Department may charge fees for the supply of training materials and

training sessions provided by the Department on a cost reimbursement

basis. Such cost reimbursement may include meeting room rental,

material purchase or duplication costs, other material-related expenses

and staff expense associated with the conduct of the training session.

IT IS SO ORDERED.

Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994))

provides for appeal of final Board orders within 35 days of the date of service of this

order. The Rules of the Supreme Court of Illinois establish filing requirements. (See

also 35 Ill. Adm. Code 101.246 “Motions for Reconsideration.”)

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby

certify that the above opinion and order was adopted on the _____ day of

___________, 1997, by a vote of ______________.

__________________________________

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board