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a)  It is the purpose of the General Assembly in adopting the Environmental Protection Act to restore, maintain and enhance the purity of the air and waters of Illinois in order to protect health, welfare, property and the quality of life. An adequate supply of healthy livestock is essential to the well-being of Illinois citizens and the nation. They provide the daily source of meat, milk and eggs. Their efficient, economic production must be the concern of both producers and consumers if we are to have a continued abundance of high quality, wholesome food and of other livestock products at reasonable prices. The policy shall be to establish regulations that will provide a balance between a wholesome environment and the efficient production of adequate livestock products.

b)  Livestock produce wastes which, when properly used, supply nutrients and organic matter to soils. The mere presence of livestock waste in a given location does not denote pollution, but may, when improperly stored, transported or disposed of, undesirably affect the environment.

c)  It is hereby determined that the construction, establishment and operation of certain livestock management facilities and livestock waste-handling facilities without environmental planning and safeguards or the use of certain livestock wastes for agricultural purposes causes, threatens or allows the discharge of contaminants into the air or waters of Illinois so as to cause or threaten to cause pollution or to render such waters harmful to public health, safety or welfare or to domestic, commercial, industrial, agricultural and recreational uses or to man, livestock, wild animals, birds or fish or other aquatic life.

d)  It is hereby determined that the construction, establishment and operation of livestock management facilities and livestock waste-handling facilities without environmental planning and safeguards or the use of livestock wastes for agricultural purposes causes, threatens or allows air pollution, THE DISCHARGE OF CONTAMINANTS INTO THE AIR OF ILLINOIS IN SUFFICIENT QUANTITIES AND OF SUCH CHARACTERISTICS AND DURATION AS TO BE INJURIOUS TO HUMAN, PLANT OR ANIMAL LIFE, TO HEALTH, OR TO PROPERTY, OR TO UNREASONABLY INTERFERE WITH THE ENJOYMENT OF LIFE OR PROPERTY. (Ill. Rev. Stat. ch. 111 1/2 par. 1003.2) It is recognized that the presence of odor is an inherent characteristic of livestock management facilities and livestock waste-handling facilities, and that the detection of such odor does not per se constitute air pollution.

e)  It is the purpose of this Chapter to prevent pollution of the air and waters of Illinois caused by failure to plan with regard to proper environmental safeguards the construction, location and operation of certain livestock management facilities and livestock waste-handling facilities. A permit system is established to ensure that such activities take account of environmental considerations and to meet the requirements for federal approval, as established by the CWA. It is also the purpose of these regulations to prevent pollution from the numerous point and non-point discharges, both continuous and fluctuating, which are present in certain livestock management facilities or livestock waste-handling facilities. To this end, procedural safeguards are required, in addition to compliance with the CWA, NPDES filing requirements and the feedlot category of point source effluent guidelines.

a)  Part 501 of this Chapter contains definitions and incorporations by reference applicable to Parts 501, 502 and 503, which are the Parts of this Chapter administered by the Environmental Protection Agency. Subpart C of Part 501 also contains the requirements applicable to all livestock waste-handling facilities and livestock management facilities, whether or not those facilities are defined as Animal Feeding Operations (AFOs) or Concentrated Animal Feeding Operations (CAFOs) and without regard to whether the facility is subject to National Pollutant Discharge Elimination System (NPDES) permitting requirements.

b)  Part 502 identifies which AFOs are subject to NPDES permit requirements and specifies those requirements. Part 502 also provides the State technical standards applicable to permitted CAFOs. That Part also contains requirements applicable to land application activities from AFOs that are defined as large CAFOs and are not permitted under an NPDES permit.

c)  Part 503 contains the requirements applicable to fish and aquatic animal production facilities, irrigation activities, and silvicultural activities and sources.

d)  Part 506 implements the Livestock Management Facilities Act [510 ILCS 77]. Those rules and the Livestock Management Facilities Act are administered by the Illinois Department of Agriculture.

a)  The Board incorporates the following material by reference:
 
“Illinois Agronomy Handbook, 24th Edition,” University of Illinois, College of Agriculture, Consumer and Environmental Sciences. Urbana, IL, July 2009. Available from University of Illinois, Office of Extension and Outreach, 111 Mumford Hall (MC-710), 1301 W. Gregory Dr., Urbana, IL 61801 (217) 333-5900.
 
MWPS. Available from MidWest Plan Service, 122 Davidson Hall, Iowa State University, Ames, IA 50011-3080 (515) 294-4337.
 
“Livestock Waste Facilities Handbook, Third Edition,” MWPS-18. MidWest Plan Service. April 1993.
 
“Manure Characteristics,” Section 1. Second Edition MWPS-18-S1. MidWest Plan Service. 2004.
 
“Recommended Chemical Soil Test Procedures for the North Central Region,” North Central Regional Publication No. 221, Missouri Agricultural Experiment Station Bulletin SB 1001 (January 1998). Available from North Central Region-University of Missouri Soil Testing Lab, 23 Mumford Hall, University of Missouri Columbia, MO 65211 (573) 884-4288.
 
“Average Crop, Pasture, and Forestry Productivity Ratings for Illinois Soils; Bulletin No. 810,” University of Illinois, College of Agricultural, Consumer and Environmental Sciences, Office of Research (2000), revised January 15, 2011 to amend Table 2 for B810. Available from University of Illinois, College of Agricultural, Consumer, and Environmental Sciences, Office of Research, 228 Mumford Hall, 1301 W. Gregory Dr., Urbana IL 61801 (217) 333-0240.
 
“Optimum Crop Productivity Ratings for Illinois Soils; Bulletin 811,” University of Illinois, College of Agricultural, Consumer and Environmental Sciences, Office of Research (2000), revised January 15, 2011 to amend Table S2 for B811. Available from University of Illinois, College of Agricultural, Consumer, and Environmental Sciences, Office of Research, 228 Mumford Hall, 1301 W. Gregory Dr., Urbana IL 61801 (217) 333-0240.
 
“NOAA Atlas 14: Precipitation Frequency Atlas of the United States,” United States Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Volume 2, Version 3.0 (2004), revised 2006. Available from NOAA, NWS, Office of Hydrologic Development, 1325 East West Highway, Silver Spring MD 20910 (Available online at http://www.nws.noaa.gov/oh/hdsc/PF_documents/Atlas14_Volume2.pdf ).
 
Code of Federal Regulations. Available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20401 (202) 783-3238:
 
40 CFR 412.46(a)(1)(ii) (2008), New Source Performance Standards (NSPS).
 
 40 CFR 412.46(a)(1)(vi) (2008), New Source Performance Standard (NSPS).
 
“Agricultural Waste Management Field Handbook,” United States Department of Agriculture, Natural Resources Conservation Service (2009). Available from USDA, NRCS, 1400 Independence Ave., S.W., Washington, DC 20250. (Available online at http://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21430 ).
 

a)  Except as otherwise stated in this Part, and unless a different meaning of the term is clear from its context, the definitions of terms used in this Chapter shall be the same as those used in the Act and 35 Ill. Adm. Code: Subtitle C, Chapter I.
 
b)  The definitions contained in this Subpart are applicable to 35 Ill. Adm. Code 501, 502 and 503.
 

a)  A lot or facility (other than an aquatic animal production facility) where the following conditions are met:

1)  Animals have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and
 
2)  Crops, vegetation, forage growth or post-harvest residues that are grown in place are not sustained in the normal growing season over any portion of the lot or facility.

b)  Two or more animal feeding operations under common ownership are deemed to be a single animal feeding operation if they are adjacent to each other or if they utilize a common area or system for the disposal of wastes.

i)  Laying hens or broilers multiplied by 0.01 (if the facility has continuous overflow watering)
 
j)  Laying hens or broilers multiplied by 0.03 (if the facility has a liquid manure handling system)

Section 501.245  Existing Livestock Management Facility and Livestock Waste-Handling Facility

a)  The site is located closer to the livestock owner's or operator's residence than to a neighboring farm or non-farm residence or populated area; or

b)  The site is adjacent to an existing livestock management facility or livestock waste-handling facility, or is farther away from a neighboring farm or non-farm residence or populated area than the existing livestock management facility or livestock waste-handling facility, when the livestock owner or operator does not reside on the farm where the livestock are to be kept or raised; or

c)  The site is accessible to roads, water and electricity and is at the farthest location from a neighboring farm or non-farm residence or populated area; there is no existing livestock management facility or livestock waste-handling facility on the site, and the livestock owner or operator does not reside on the farm where the livestock are to be kept or raised.

Livestock Waste-Handling Facility

a)  after promulgation of standards of performance under section 306 of the Clean Water Act that are applicable to the source, or
 
b)  after proposal of standards of performance in accordance with section 306 of the Clean Water Act that are applicable to the source, but only if the standards are promulgated in accordance with section 306 within 120 days after their proposal.

 
a)  The equation for calculating soil loss due to erosion is as follows:

Where:
 
a_i =  long-term average soil loss for the ith day;
 
r_ir_r =  erosivity factor;
 
k_i =  soil erodibility factor;
 
l_i =  soil length factor;
 
S =  soil steepness factor;
 
c_i =  cover management factor; and
 
p_i =  supporting practices factor,
 
all on the ith day, except for soil steepness factor (S).
 
b)  The average annual soil loss is computed as follows:
 

Where:
 
A =    average annual soil loss.
 
365m =  number of days per year.
 
m =  number of years in the analysis period. The value for m is 1 for continuous vegetation on range, pasture, and other lands, where conditions are the same year after year, while m = the number of years of cropping management rotations on cropland and the number of years following a disturbance such as construction, logging, grading of a reclaimed surface mine, or closing of a land fill where conditions are changing year to year.
 
BOARD NOTE: Soil loss may be calculated using Revised Universal Soil Loss Equation 2 (RUSLE2) software program available at http://fargo.nserl.purdue.edu/rusle2_dataweb/RUSLE2_Index.htm . Additional information may be obtained from the United States Department of Agriculture, Agricultural Research Services, 1400 Independence Avenue, S.W., Washington DC 20250, (202) 720-3656.

a)  Besides the regulations contained within this Chapter, every person shall also comply with provisions of the Act and other Board regulations.
 
b)  The owner or operator of any livestock management facility or livestock waste-handling facility shall comply with the CWA, NPDES filing requirements and the feedlot category of point source effluent guidelines. All livestock management facilities and livestock waste-handling facilities have the obligation to make a site specific determination of whether the facility is subject to NPDES permit requirements and to follow those requirements when and where they are applicable. CAFOs are subject to additional requirements applicable under 35 Ill. Adm. Code 502.
 
c)  This Subpart shall apply to stockyards and similar operations where animals are held briefly, as well as to conventional livestock operations.
 
d)  The transportation of livestock wastes shall be planned and conducted so as not to cause, threaten, or allow any violation of the Act and applicable regulations.

e)  Any runoff or overflow from a livestock management facility or a livestock waste handling facility shall not cause a water quality violation pursuant to the Act or 35 Ill. Adm. Code Subtitle C: Water Pollution.
 

a)  No new livestock management facility or new livestock waste-handling facility shall contain within its boundaries any stream or other surface waters except small temporary accumulations of water occurring as a direct result of precipitation.
 
b)  New livestock management facilities and new livestock waste-handling facilities located within a 10-year flood height as recorded by the United States Geological Survey or as officially estimated by the Illinois State Water Survey shall be protected against such flood.
 
c)  Limitations Effective July 15, 1991
 
1)  Upon July 15, 1991, new or expanded livestock management facilities and new or expanded livestock waste-handling facilities shall not be located within ½ mile of a populated area or within ¼ mile of a non-farm residence.
 
2)  For purposes of this subsection (c), the following shall not be considered location of a new or expanded livestock management or waste-handling facility:
 
A)  Commencement of operations at an idle facility which has livestock shelters left intact, and that has been operated as a livestock management facility or livestock waste-handling facility for four consecutive months at any time within the 10 previous years;
 
B)  Commencement of operations at a facility reconstructed after partial or total destruction due to natural causes, i.e., tornado, fire, or earthquake.
 
3)  Adequate odor control methods and technology shall be practiced by operators of new and existing livestock management facilities and livestock waste-handling facilities so as not to cause air pollution.
 
d)  The setback requirements of subsection (c) shall not apply to any livestock management facility or livestock waste-handling facility that meets any of the following conditions:
 
1)  The facility is located in an agricultural area, designated as such pursuant to the Agricultural Areas Conservation and Protection Act, [505 ILCS 5];
 
2)  The facility undergoes expansion, and the owner of the facility certifies and notifies the Agency in writing that the facility was operating as a livestock management facility or livestock waste-handling facility for at least one year prior to the existence of any non-farm residence within ¼ mile of the facility or of a populated area within ½ mile of the facility; or
 
3)  The use of the facility as a livestock management or livestock waste handling facility is allowed by local zoning or municipal ordinance. If no local zoning or municipal ordinance exists that covers that use, the facility shall be exempt if the livestock are not raised or kept at the facility primarily for hire or the raising or keeping of livestock at the facility does not have financial profit as a primary aim.
 
e)  A new livestock management facility or new livestock waste-handling facility that locates within ¼ mile of a neighboring farm residence shall locate at the maximum feasible location from that residence.
 
f)  A new livestock management facility or new livestock waste-handling facility that locates within ¼ mile of a non-farm residence or within ½ mile of a populated area, as allowed by subsection (d), shall locate at the maximum feasible location from the residence or populated area.
 
g)  New livestock management facilities or new livestock waste-handling facilities located on soil types or geological formations where the deposition of livestock waste is likely to cause groundwater pollution shall be constructed in such a way that pollution will be prevented, or supplementary measures shall be adopted that will prevent pollution.

Livestock Waste-Handling Facilities

a)  Existing livestock management facilities and livestock waste-handling facilities shall have adequate diversion dikes, walls or curbs that will prevent excessive outside surface waters from flowing through the animal feeding operation and will direct runoff to an appropriate disposal, holding or storage area. The diversions are required on all aforementioned structures unless there is negligible outside surface water which can flow through the facility or the runoff is tributary to an acceptable disposal area or a livestock waste-handling facility. If inadequate diversions cause or threaten to cause a violation of the Act or applicable regulations, the Agency may require corrective measures.
 
b)  New livestock management facilities and livestock waste-handling facilities shall have adequate diversions, dikes, walls or curbs that will prevent excessive outside surface runoff waters from flowing through the animal feeding operation and will direct runoff to an appropriate disposal, holding or storage area. The diversions are required on all aforementioned structures unless there is negligible outside surface water which can flow through the facility or the runoff is tributary to an acceptable disposal area or a livestock waste-handling facility. A holding pond must be capable of storing a volume equal to or exceeding the area of the animal feeding operation, plus any tributary area not a part of the animal feeding operation (including roof area if tributary to the facility), multiplied by 12 inches for runoff from earthen areas or 15 inches for runoff from concrete areas unless the operator has justifiable reasons substantiating that a lesser storage volume is adequate. If inadequate storage volumes cause or threaten to cause a violation of the Act or applicable regulations, the Agency may require corrective measures. In no case shall the storage volume of the containment facility be less than the 25-year 24-hour storm effluent guidelines as required by the new source performance standards of the U.S. Environmental Protection Agency for the feedlot point source category.

a)  Any livestock waste stored in excess of six months shall be contained in a manure storage structure.
 
b)  Temporary Manure Stacks
 
1)  A temporary manure stack is a potential secondary source, as defined by the Act. As a potential secondary source, a temporary manure stack is subject to the minimum setback zones established in Title IV of the Act.
 
2)  A temporary manure stack shall not be located within 75 feet from any water well, except monitoring wells.
 
3)  A temporary manure stack shall be constructed or established and maintained in a manner to prevent runoff and leachate from entering surface waters or groundwaters. A cover and pad or other control must be provided to prevent runoff and leachate from entering surface waters and groundwater.
 
c)  Livestock Waste-Holding Facilities
 
1)  Liquid manure-holding tanks shall be impermeable and capable of withstanding pressures and loadings to which such a tank may be subjected.
 
2)  Holding ponds and lagoons shall be impermeable or so sealed as to prevent groundwater or surface water pollution.
 
3)  For livestock management facilities and livestock waste handling facilities that are not required to obtain an NPDES permit, the contents of livestock waste-handling facilities shall be kept at levels such that there is adequate storage capacity so that an overflow does not occur except in the case of precipitation in excess of a 25-year 24-hour storm.
 
4)  Liquid Livestock Waste
 
A)  Existing livestock management facilities that handle the waste in a liquid form shall have adequate storage capacity in a liquid manure-holding tank, lagoon, holding pond, or any combination thereof so as not to cause air or water pollution as defined in the Act or applicable regulations. If inadequate storage time causes or threatens to cause a violation of the Act or applicable regulations, the Agency may require that additional storage time be provided. In such cases, interim pollution prevention measures may be required by the Agency.
 
B)  New livestock waste-handling facilities that handle the waste in a liquid form shall provide a minimum of 120-day storage with a liquid manure-holding tank, lagoon, holding pond, or any combination thereof unless the operator has justifiable reasons substantiating that a lesser storage volume is adequate. If inadequate storage volumes cause or threaten to cause a violation of the Act or applicable regulations, the Agency may require corrective measures.
 
d)  Runoff Field Application Systems
 
Any livestock management facility not meeting the definition of a CAFO in Section 501.238 may construct and operate a runoff field application system for the treatment of livestock waste from fewer than 300 animal units, meeting the requirements of 35 Ill. Adm. Code 570, in lieu of utilizing liquid manure-holding tanks, holding ponds, or lagoons in compliance with subsection (c), or other livestock waste-handling systems that would assure compliance with the Act and this Subtitle E.
 
e)  Subsections (a) through (d) shall not apply to livestock management facilities with fifty (50) or fewer animal units, provided that the following conditions exist:
 
1)  The location of the facility relative to waters of the State is such that there is no discharge of livestock waste into waters of the State, in violation of Section 12 of the Act;
 
2)  There is no discharge of livestock waste into waters of the State by means of a man-made ditch, flushing system or other similar man-made device, in violation of Section 12 of the Act; and
 
3)  The facility is managed so that livestock waste is not allowed to accumulate to an extent that threatens to cause a discharge to waters of the State, in violation of Section 12 of the Act.

a)  For livestock management facilities and livestock waste handling facilities that are not required to obtain an NPDES permit, the quantity of livestock waste applied on soils shall not exceed a practical limit as determined by soil type, especially its permeability, the condition (frozen or unfrozen) of the soil, the percent slope of the land, cover mulch, proximity to surface waters and likelihood of reaching groundwater, and other relevant considerations. These livestock waste application guidelines will be adopted pursuant to 35 Ill. Adm. Code 502.305, unless otherwise provided for by Board regulations. Facilities required to obtain an NPDES permit are subject to the requirements in 35 Ill. Adm. Code 502. Subpart F. Unpermitted Large CAFOs claiming an agricultural stormwater exemption must comply with 35 Ill. Adm. Code 502.102 and the practices listed in Section 502.510(b) to qualify for the exemption.
 
b)  Operators of livestock waste handling facilities shall practice odor control methods during the course of manure removal and field application so as not to affect a neighboring farm or non-farm residence or populated area by causing air pollution as described in Section 501.102(d). Odor control methods include, but are not limited to:
 
1)  Soil injection or other methods of incorporation of waste into the soil including disking or plowing;
 
2)  Consideration of climatic conditions, including wind direction and inversions;
 
3)  For liquid livestock waste: whether supernatant used for irrigation purposes has been stored in a livestock waste lagoon system that is designed and operated in accordance with "Design of Anaerobic Lagoons for Animal Waste Management", as incorporated by reference at Section 501.200.
 
4)  Other methods as described in “Management of Manure Odor”, as incorporated by reference at Section 501.200.

a)  The Agency shall have the authority to enter at all reasonable times upon any private or public property for the purpose of inspecting and investigating to ascertain possible violations of the Act or regulations thereunder, in accordance with constitutional limitations, except that no representative of the Agency shall enter a livestock management facility or livestock waste-handling facility unless sanitized footwear and sanitized outer garments provided by the Agency are used (unless waived by the farm owner or operator) and any other reasonable disease prevention procedures or equipment, as provided by the owner or operator of the facility, are utilized.
 

1)  Having access to and the right to copy any records required to be kept under the terms of the permit; and
 
2)  Having access to, sampling and monitoring any discharge of pollutants to ground and surface waters.

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