1               BEFORE  THE  ILLINOIS  POLLUTION  CONTROL  BOARD
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4    IN  THE  MATTER  OF:
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6    AMENDMENTS  TO  LIVESTOCK
7    WASTE  REGULATIONS                    PCB  No.  R01-28
8    (35  ILL  ADM.  CODE  506)               (Rulemaking-Land)
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13          Proceedings  held  on  April  30,  2001,  at  10:00  a.m.,  at  the
14    Illinois  Pollution  Control  Board,  600  South  Second  Street,  Suite
15    403,  Springfield,  Illinois,  before  Hearing  Officer  Carol  Sudman.
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20              Reported  by:   Darlene  M.  Niemeyer,  CSR,  RPR
CSR  License  No.:   084-003677
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23                         KEEFE  REPORTING  COMPANY
11  North  44th  Street
24                          Belleville,  IL   62226
(618)  277-0190
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1                           A P P E A R A N C E S
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Chairman  Claire  A.  Manning
3    Board  Member  G.  Tanner  Girard,  Ph.D.
Board  Member  Elena  Z.  Kezelis
4    Board  Member  Samuel  T.  Lawton,  Jr.
Anand  Rao,  Senior  Environmental  Scientist
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ILLINOIS  DEPARTMENT  OF  AGRICULTURE
7            BY:    Cynthia  Ervin
State  Fairgrounds
8                  801  E.  Sangamon  Avenue
 P.O.  Box  19281
9                  Springfield,  Illinois  62794-9281
On  behalf  of  the  Illinois  Department  of
10                   Agriculture.
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ILLINOIS  ENVIRONMENTAL  PROTECTION  AGENCY
12            BY:    Connie  L.  Tonsor
Associate  Counsel
13                  Division  of  Legal  Counsel
1021  North  Grand  Avenue  East
14                  Springfield,  Illinois  62794-9276
On  behalf  of  the  Illinois  Environmental  Protection
15                   Agency.
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1                              I N D E X
2    WITNESS                                      PAGE  NUMBER
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WARREN  D.  GOETSCH,  P.E.                           8
5    (Question  and  answer  format)
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DANIEL  L.  HEACOCK,  P.E.                          20
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PAM  HANSEN                                       35
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JIM  SCHEETZ                                      40
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KEN  W.  KOELKEBECK,  Ph.D.                         54
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SCOTT  NALLY                                      68
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1                           E X H I B I T S
2    NUMBER                   MARKED  FOR  I.D.              ENTERED
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Hearing  Exhibit  1               20                       20
4    Hearing  Exhibit  2               35                       35
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1                          P R O C E E D I N G S
2                       (April  30,  2001;  10:00  a.m.)
3          HEARING  OFFICER  SUDMAN:   Good  morning,  everyone.   My  name
4    is  Carol  Sudman.   I  am  the  Hearing  Officer  in  this  proceeding
5    entitled,  In  the  Matter  of:   Amendments  to  Livestock  Waste
6    Regulations,  35  Illinois  Administrative  Code  506,  which  the  Board
7    references  as  Docket  R01-28.
8          I  would  like  to  introduce  Chairman  Claire  Manning.
9          CHAIRMAN  MANNING:   Good  morning.
10          HEARING  OFFICER  SUDMAN:   And  Board  Member  Tanner  Girard.
11          BOARD  MEMBER  GIRARD:   Good  morning.
12          HEARING  OFFICER  SUDMAN:   And  Sam  Lawton.
13          BOARD  MEMBER  LAWTON:   Good  morning.
14          HEARING  OFFICER  SUDMAN:   Elena  Kezelis.
15          BOARD  MEMBER  KEZELIS:   Good  morning.
16          HEARING  OFFICER  SUDMAN:   And  the  Board's  Environmental
17    Scientist,  Anand  Rao.
18          MR.  RAO:   Good  morning.
19          HEARING  OFFICER  SUDMAN:   Chairman  Manning,  do  you  have  any
20    comments  you  would  like  to  make  at  this  time?
21          CHAIRMAN  MANNING:   Just  welcome  everyone  to  this
22    proceeding.   We  look  forward  to  a  good  presentation  of  evidence
23    and  a  good  hearing.   Thank  you.
24          HEARING  OFFICER  SUDMAN:   Do  any  other  Board  Members  have
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1    any  opening  comments?   Okay.
2          Today's  hearing  will  proceed  as  follows.   First,  we  will
3    hear  the  Department's  response  to  the  Board's  questions  issued  by
4    Hearing  Officer  Order  on  April  9th.   The  Board  and  other
5    interested  persons  will  then  have  an  opportunity  to  ask  the
6    Department  any  follow-up  questions.
7          Second,  we  will  hear  from  persons  who  prefiled  testimony,
8    Mr.  Dan  Heacock,  with  the  Illinois  Environmental  Protection
9    Agency,  and  Ms.  Pam  Hansen,  from  the  Illinois  Stewardship
10    Alliance.
11          Third,  we  will  hear  from  persons  who  did  not  prefile
12    testimony  but  contacted  me  in  advance,  Mr.  Roy  Harsch  and  Mr.  Ken
13    Koelkebeck.
14          Finally,  as  time  permits,  we  will  open  the  floor  to  other
15    members  of  the  public.   Anyone  not  having  an  opportunity  to
16    testify  today  may  submit  written  comment  until  May  14th.
17          We  will  now  begin  with  the  Department's  testimony.   We  will
18    enter  the  answers  that  you  filed  into  the  record  as  if  read.   You
19    may  summarize  if  you  would  like.
20          Would  you  please  swear  in  the  witnesses.
21          (Whereupon  Warren  D.  Goetsch  and  Scott  Frank  were  sworn  by
22          the  Notary  Public.)
23          HEARING  OFFICER  SUDMAN:   Would  you  like  to  summarize
24    anything  or  would  you  --
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1          MR.  GOETSCH:   I  don't  believe  that  it  is  necessary  unless
2    you  specifically  have  questions.
3          HEARING  OFFICER  SUDMAN:   Do  any  of  the  Board  Members  have
4    any  follow-up  questions,  or  Anand?
5          MR.  RAO:   I  have  a  few  follow-up  questions.
6          BOARD  MEMBER  KEZELIS:   Would  you  identify  yourselves  so
7    that  the  record  is  clear  --
8          HEARING  OFFICER  SUDMAN:   Oh,  I  am  sorry.
9          BOARD  MEMBER  KEZELIS:   --  on  who  was  sworn  in.   Thank  you.
10          MS.  ERVIN:   Testifying  today  on  behalf  of  the  Department  of
11    Agriculture  is  Warren  Goetsch.   Warren  is  the  Division  Chief  of
12    the  Division  of  Natural  Resources  for  the  Department.   And  Scott
13    Frank,  who  is  the  Bureau  Chief  of  the  Bureau  of  Environmental
14    Programs.   The  Bureau  of  Environmental  Programs  administers  the
15    Livestock  Management  Facilities  Act.   Both  gentlemen  were
16    intimately  involved  in  the  drafting  of  the  new  amendments  of  the
17    Livestock  Management  Facilities  Act  as  well  as  the  rules  proposed
18    to  you  today.
19          HEARING  OFFICER  SUDMAN:   Thank  you.
20          MR.  RAO:   I  had  a  follow-up  question  to  one  of  the
21    responses  you  had  under  Section  506.207,  construction  in  a  karst
22    area.   In  your  response  to  question  number  two,  which  asks  for  a
23    rationale  for  requiring  only  a  portion  of  the  lagoon  to  meet  the
24    design  and  construction  standards  instead  of  the  whole  lagoon,
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1    you  had  stated  that  anything  that  --  that  in  the  construction  for
2    the  portion  that  was  below  grade  would  comply  with  the  rigid
3    material  standard  and  above  grade  you  can  use  other  materials.
4          Is  it  possible  to  construct  a  livestock  waste  handling
5    facility  on  the  surface  in  karst  areas  where  the  lagoon  bottom  or
6    the  livestock  waste  handling  facility  bottom  is  on  the  surface?
7    If  so,  you  know,  are  there  any  other  concerns  that  need  to  be
8    addressed?
9          MR.  GOETSCH:   Yes,  it  would  be  possible  to  construct  a
10    lifestock  waste  handling  facility  totally  above  grade.   However,
11    the  Department's  thoughts  were  that  it  would  be  economically  --
12    either  not  feasible  or  it  would  be  severely  expensive  for  someone
13    to  construct  such  a  structure.   And  that's  the  reason  why  we
14    believe  that  in  these  kinds  of  cases  the  facility  would  take  the
15    most  economical  approach,  which  would  have  a  considerable  portion
16    of  the  facility  below  grade.
17          MR.  RAO:   So  in  case  someone  proposes  to  construct
18    something  above  grade,  would  the  Department  require  them  to  have
19    a  rigid  material  liner  or  a  concrete  structure  to  be  constructed
20    instead  of  other  materials?
21          MR.  GOETSCH:   I  believe  the  way  the  proposal  is  currently
22    written,  if  a  structure  was  to  be  built  totally  above  grade  it
23    would  not  require  anything  beyond  the  existing  or  the  blanket
24    design  standards.   There  would  be  no  additional  because  it  was
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1    in  a  karst  area.
2          MR.  RAO:   So  do  you  think  it  would  be  useful  to  clarify  the
3    rules  to  require  rigid  construction  material  even  if  the
4    structure  is  above  grade,  considering  the  likelihood  of  these
5    structures  being  built  above  grade  is  very  minimal,  but  just  to
6    make  sure  that  the  rules  are  clear?   In  this  regard,  I  would  just
7    like  to  note  that  the  IEPA  has  expressed  similar  concerns  for  the
8    rules.
9          MR.  GOETSCH:   I  guess  considering  the  costs  we  don't
10    believe  that  it  would  be  necessary.   However,  that  is  certainly
11    something  that  you  could  consider.
12          MR.  RAO:   All  right.   Thank  you.   Under  the  same  section  in
13    response  to  question  three,  regarding  existing  facilities  in
14    karst  areas,  you  had  indicated  that  you  were  not  aware  of  any
15    existing  livestock  waste  handling  facilities  located  in  karst
16    areas  in  Illinois.   Because  you  indicated  that  these  existing
17    facilities  didn't  have  to  let  the  Department  know,  you  know,
18    prior  to  the  Livestock  Management  Facilities  Act  where  they  were
19    located  and  do  the  site  investigation  to  let  you  know  whether
20    they  were  in  karst  areas  or  not,  have  you  looked  at  the  IDNR-ISGS
21    Map  8  to  see  if  any  of  these  facilities  are  in  karst  areas  on  the
22    map?
23          MR.  GOETSCH:   We  have  reviewed  the  map,  and  although  there
24    have  not  been  any  facilities  that  we  are  aware  of  that  have  been
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1    proposed  to  the  Department  since  the  law  went  into  effect  in
2    1996,  certainly,  there  is  livestock  production  in  those  areas.
3    So  it  would  be  reasonable  to  believe  that  there  are  some
4    facilities  certainly  located  in  karst  areas.   But  as  you
5    mentioned,  because  there  has  never  been  a  requirement  for
6    reporting  to  the  Department  prior  to  the  Act,  we  really  don't
7    have  any  data  regarding  those  facilities.
8          MR.  RAO:   I  have  one  more  question,  mainly  a  clarification.
9    This  is  in  response  to  a  question  under  Section  506.210,
10    secondary  containment.   In  response  to  another  question  you  had
11    provided  definitions  of  the  terms  "grass  waterway,"  "filter
12    strip,"  and  "terrace."   I  just  wanted  to  know  whether  it  would  be
13    acceptable  to  the  Department  if  we  included  these  definitions  in
14    the  definition  section?
15          MR.  GOETSCH:   Yes.
16          MR.  RAO:   Okay.   That's  all  I  had.
17          HEARING  OFFICER  SUDMAN:   Do  any  of  the  Board  Members  have
18    any  other  follow-up  questions  for  the  Department?
19          CHAIRMAN  MANNING:   The  only  thing  I  would  ask  is  whether
20    the  Department  has  any  comments  they  would  like  to  offer  at  this
21    time  to  any  of  the  prefiled  testimony  that  we  have  received?
22    Obviously,  you  will  have  an  opportunity  at  the  end  of  this  as
23    well.   But  is  there  anything  that  you  need  --  any  comments  you
24    need  to  make  at  this  time  regarding  any  of  the  prefiled
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1    testimony?
2          MR.  GOETSCH:   Yes,  we  would  like  to  respond  briefly  to  some
3    comments  that  were  included  in  the  Stewardship  Alliance's
4    prefiled  testimony.   The  Stewardship  Alliance,  in  their  comments,
5    referred  to  standards  governing  emergency  or  temporary  lagoons.
6    And  they  suggested  that  the  Department  has  approved  of  two
7    structures  of  that  nature  for  a,  quote,  large-scale  dairy  in
8    Elmwood,  Illinois,  unquote.   In  their  comments  they  questioned
9    under  what  authority  did  the  Department  approve  such  facilities
10    and  to  what  construction  standards  were  those  facilities
11    approved.
12          The  Department  would  like  to  clarify  the  situation
13    regarding  these  two  structures  and  indicate  that  these  structures
14    in  question  were  approved  under  the  authorities  of  the  Livestock
15    Management  Facilities  Act  using  our  normal  process.   The
16    structures  were  designed  and  built  to  the  design  standards
17    referred  to  in  the  Act.   All  required  documents  were  submitted,
18    reviewed  and  approved,  and  all  required  site  inspections  by  the
19    Department  were  conducted.
20          The  only  reason  that  they  have  been  referred  to  as
21    temporary  is  because  of  the  court  order  which  directed  the
22    facility  to  construct  them  and  under  that  court  order  required
23    that  those  facilities  be  in  place  for  a  maximum  of  six  months.
24    The  process  by  which  the  Department  reviewed  and  approved  those
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1    structures  were  --  is  consistent  with  the  way  we  attack  any
2    project.   We  just  wanted  to  make  that  clarification  known.
3          HEARING  OFFICER  SUDMAN:   Thank  you.   If  the  Board  Members
4    do  not  have  any  other  questions  for  the  Department,  I  would  ask
5    the  audience  if  there  are  any  questions  for  the  Department  right
6    now?   If  so,  please  raise  your  hand.
7          Yes.   Please  stand  and  state  your  name  and  organization
8    that  you  represent,  if  any.
9          MR.  HARSCH:   May  I  sit  at  the  end  of  the  table?
10          HEARING  OFFICER  SUDMAN:   Sure.
11          MR.  HARSCH:   Roy  Harsch.   I  am  here  on  behalf  of  the  Pork
12    Producers,  Beef  Producers,  and  the  Farm  Bureau.
13          Just  some  general  clarification  questions,  if  I  might  ask  a
14    few.   As  I  understand  it,  the  reference  in  the  proposed
15    regulations  to  the  site  map  that  you  have  earlier  talked  to  that
16    shows  the  karst  areas,  that  reference  to  that  map  is  not  intended
17    to  change  in  any  way  the  way  that  the  Department  currently
18    handles  applications  to  facilities  that  might  be  located  in  an
19    area  that  is  identified  as  a  possible  karst  region  on  that  map;
20    is  that  correct?
21          MR.  GOETSCH:   I  believe  the  purpose  of  the  map  is  to
22    provide  guidance  to  the  engineers,  the  engineers'  consultants  or
23    the  site  owners  and  operators  in  determining  what  their  site
24    investigation  process  will  be.   It  is  kind  of  the  first  step  or
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1    the  first  phase  in  addressing  the  issues  of  karst.
2          MR.  HARSCH:   The  actual  determination  of  whether  the
3    facility  would  be  located  in  a  karst  area,  as  that  term  is
4    defined  in  the  rules  and  the  statute,  would  be  dependent  upon  the
5    actual  site  investigation  that  is  carried  out;  is  that  correct?
6          MR.  GOETSCH:   If  the  proposed  facility  location  coincides
7    with  an  area  that  is  suggested  as  being  karst  by  the  map,  then
8    certain  activities  are  required  of  the  Department  and  certain
9    activities  are  required  of  the  consultant  in  conducting  their
10    site  investigation.
11          MR.  HARSCH:   But  it  is  the  results  of  the  site
12    investigation  that  controls  whether  or  not  the  facility  would  be
13    actually  constructed  in  a  karst  area  and,  obviously,  the
14    Department's  review  of  that  site  investigation?
15          MR.  GOETSCH:   That  is  correct.   The  results  of  the  site
16    investigation  and  the  Department's  visual  inspection  would
17    ultimately  determine  the  design  that  would  be  required  of  the
18    structure.
19          MR.  HARSCH:   So  for  a  point  of  clarification,  then,  if  you
20    had  a  facility  that  was  proposed  to  be  constructed  in  an  area
21    that  would  be  in  a  karst  region  on  the  map,  but  the  site
22    investigation  did  not  show  that  the  area  met  the  definition  of  a
23    karst  area,  then  the  extra  requirements,  the  construction
24    standards  for  karst  areas  would  not  apply?
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1          MR.  GOETSCH:   That's  correct.   The  scale  on  which  the  map
2    is  presented  is  not  an  adequate  scale  to  make  on  site  final
3    determinations.   That  is  the  reason  why  it  is  used  as  guidance.
4    But  that  the  ultimate  decision  as  to  whether  the  additional
5    requirements  of  karst  are  required  of  the  facility  would  be  based
6    on  the  actual  site  investigation  of  that  site.
7          MR.  HARSCH:   Thank  you  for  that  clarification.   Under
8    proposed  Section  506.310(b)(1)  and  (2),  additional  design  and
9    construction  standards  for  construction  in  an  area  with  shallow
10    aquifer  material,  the  proposed  rule  is  more  stringent  than  the
11    current  standards  based  on  the  various  documents,  is  it  not?
12    They  require  a  minimum  floor  thickness  of  four  inches  and  a
13    minimum  wall  thickness  of  six  inches?
14          MR.  GOETSCH:   Yes.
15          MR.  HARSCH:   Is  the  Department  aware  of  any  failure  of  a
16    facility  that  was  constructed  in  accordance  with  the  MidWest  Plan
17    documents  that  had  a  floor  thickness  of  four  inches  and  an
18    exterior  wall  thickness  of  six  inches?
19          MR.  GOETSCH:   No,  the  Department  is  not.
20          MR.  HARSCH:   What  is  the  basis,  then,  for  proposing  the
21    five  and  eight  inch  changes  if  there  have  not  been  any  failures?
22          MR.  GOETSCH:   Well,  first  of  all,  I  would  suggest  that
23    our  --  that  our  knowledge  of  problems  or  potential  problems  with
24    such  facilities  is  very,  very  limited,  as  was  mentioned  earlier.
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1    Our  database  of  facilities  really  has  only  began  with  the
2    implementation  of  the  Act  in  1996.   And  that  it  is  the
3    Department's  belief  that  the  amendments,  the  recent  amendments  of
4    the  Act  suggested  enhancements  should  be  required  when  facilities
5    are  proposed  in  certain  areas  that  were  deemed  sensitive.   And
6    the  floor  thickness  increase  and  the  sidewall  or  exterior  wall
7    thickness  increases  were  an  attempt  to  create  enhancements  to  the
8    design  for  such  sensitive  areas.
9          MR.  HARSCH:   Apart  from  the  reference  in  506.305(a)(1),
10    construction  joints  and  water  stops,  under  Subparagraph  C  of  that
11    rule,  are  there  any  requirements  in  your  proposed  rules  that
12    require  or  specify  construction  joints  or  the  distance  apart  for
13    construction  joints  or  water  stops  other  than  a  reference  to  the
14    MidWest  Plan  document?
15          MR.  GOETSCH:   Could  you  repeat  the  question?
16          MR.  HARSCH:   Other  than  the  reference  to  the  MidWest  Plan
17    Service  document  requiring  construction  joints,  in  accordance
18    with  that  document  and  the  water  stops  being  placed  where  the
19    construction  joints  are  required,  are  there  any  other
20    requirements  that  specify  the  distance  for  construction  joints,
21    the  distance  apart  for  construction  joints?
22          MR.  GOETSCH:   No,  I  don't  believe  that  there  is  any  further
23    guidance  than  the  reference  to  the  MidWest  Plan  Service  Concrete
24    Manure  Storages  Handbook  or  for  circular  tanks  the  Technical
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1    Resource  Number  9.   I  would,  however,  point  out  that  there  are
2    provisions  in,  I  believe,  each  one  of  the  sections  which  allows
3    the  engineer  or  the  consultant  to  propose  an  alternative  if  the
4    same  --  okay.   Can  "modify  or  exceed  these  standards  in  order  to
5    meet  site  specific  objectives"  if  they  so  desire.   And  I  believe
6    that  we  have  had  several  cases  since  the  amendments  took  effect
7    where  consultants  have  exercised  that  option.
8          MR.  HARSCH:   And,  therefore,  the  consultant  taking  into
9    consideration  local  factors  to  the  design  of  the  individual
10    facility  might  propose  a  continuous  poured  concrete  floor,  for
11    example?
12          MR.  GOETSCH:   That's  correct.
13          MR.  HARSCH:   And  you  would  rule  on  that  when  you  processed
14    that  application?
15          MR.  GOETSCH:   That's  correct.
16          MR.  HARSCH:   Under  Section  506.310  --  excuse  me.   That  is
17    the  wrong  rule.   Help  me  out.   What  is  the  section  --  I  am  sorry.
18    506.310(d),  which  requires  the  perimeter  drainage  tubes,  again,
19    is  this  --  do  your  present  requirements  that  you  process
20    facilities  on  have  a  requirement  that  mandate  drainage  tubes,
21    perimeter  drainage  tubing  in  areas  where  the  shallow  aquifer
22    material  is  present?
23          MR.  GOETSCH:   I  don't  believe  that  there  is  a  specific
24    mandate.   There  are  situations  or  designs  where  it  is  good
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1    engineering  practice,  but  there  is  not  a  specific  mandate  that  I
2    am  aware  of.
3          MR.  HARSCH:   Again,  are  you  aware  of  any  failures  of
4    underground  facilities  that  were  constructed  without  perimeter
5    drain  tubes?
6          MR.  GOETSCH:   Again,  because  of  the  limited  data,  I  don't
7    know  that  --  well,  let  me  start  again  and  say  that,  no,  we  are
8    not  aware  of  any  failures.   However,  we  have  a  limited  database.
9          MR.  HARSCH:   Again,  the  consultant  could  propose  a
10    modification  to  this  requirement?   He  could  demonstrate  that  it
11    was  as  protective?
12          MR.  GOETSCH:   Yes.
13          MR.  HARSCH:   Under  Section  506.303,  can  you  explain  how  one
14    determines  the  amount  of  waste  generated  that  would  have  to  be
15    held  for  150  days?
16          MR.  GOETSCH:   A  producer  or  a  consultant  would  look  at  the
17    data  included  in  the  MidWest  Plan  Service  documents  or  other
18    possible  documents  to  determine  the  volume  of  manure  that  would
19    be  created  on  a  daily  basis  by  the  design  --  or  by  the  number  of
20    animals  equal  to  the  design  capacity  of  the  facility  and  then
21    multiply  by  150  days.
22          MR.  HARSCH:   And  that  would  be  --  I  am  looking  at  the
23    Livestock  Waste  Facility  Handbook,  that  would  be  table  2-1,
24    manure  production  and  characteristics  produced?
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1          MR.  GOETSCH:   That  would  be  one  potential  source  of  that
2    information,  yes.
3          MR.  HARSCH:   Doesn't  some  of  the  ranges  or  the  values
4    produced  in  here  include  volumes  for  wash  down  liquid?   And  if
5    so,  can  you  explain  what  you  meant  to  cover  by  (a)(2),  additional
6    wash  down  liquid  volumes?
7          MR.  GOETSCH:   I  believe  that  our  purpose  in  adding  that  or
8    adding  (a)(2)  was  to  ensure  that  if  a  particular  facility  was
9    being  designed  which  would  drastically  deviate  from  the  numbers
10    in  a  table,  such  as  table  2.1,  that  those  additional  wash  down
11    liquid  volumes  that  might  be,  again,  out  of  the  range  of  those
12    included  in  this  table,  would  be  considered  and  would  be
13    calculated  into  that  150  day  storage  volume.
14          MR.  HARSCH:   I  am  wondering  if  the  Department  would  object
15    to  a  clarification  point  to  further  define  the  reference  to
16    additional  waste  wash  down  liquid  volumes  to  be  consistent  with
17    what  you  just  stated?
18          MR.  GOETSCH:   I  don't  believe  that  we  would  have  a  problem
19    with  that,  depending  upon,  of  course,  the  actual  language.
20          MR.  HARSCH:   Thank  you.   I  have,  I  guess,  one  follow-up
21    question  regarding  your  statement  on  the  reference  to  the  two
22    lagoons  that  were  permitted  over  in  the  Elmwood  facility.   Apart
23    from  the  court  order  there  is  nothing,  then,  that  the
24    Department  --  under  the  Department's  rules,  that  would  require
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1    the  removal  of  those  lagoons  from  service?   In  other  words,  as
2    far  as  the  Department  is  concerned  those  are  permitted  for
3    continuous  use?
4          MR.  GOETSCH:   That  would  be  the  case.   The  Department
5    processed  those  two  structures  like  any  other  structure  under  the
6    Act,  and  as  far  as  our  position,  they  could  remain  there  as  long
7    as  the  facility  has  a  need  for  them  and  that  the  judge  agrees
8    that  that  is  so.
9          MR.  HARSCH:   Thank  you.
10          HEARING  OFFICER  SUDMAN:   Thank  you.   At  this  time  does
11    anybody  else  have  any  questions  for  the  Department?   Okay.   Not
12    seeing  any  hands,  I  believe  that  we  are  done  with  the  Department
13    for  the  moment.
14          CHAIRMAN  MANNING:   Thank  you.
15          HEARING  OFFICER  SUDMAN:   Thank  you  very  much.
16          CHAIRMAN  MANNING:   Don't  go  away,  though.
17          (Laughter.)
18          MS.  ERVIN:   We  won't  go  away.
19          HEARING  OFFICER  SUDMAN:   Okay.   At  this  time  I  will  call  on
20    Mr.  Dan  Heacock  from  the  Illinois  Environmental  Protection
21    Agency.   I  will  mention  that  Mr.  Heacock's  prefiled  testimony
22    will  be  entered  into  the  record  as  if  read.   If  he  would  prefer
23    to  summarize  it,  that's  fine.
24          Would  the  witnesses  please  identify  themselves  for  the
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1    court  reporter.
2          MR.  HEACOCK:   I  am  Dan  Heacock  with  the  Illinois  EPA.
3          MS.  TONSOR:   I  am  Connie  Tonsor,  an  attorney  with  the
4    Illinois  EPA.   Dan  has  prefiled  testimony,  but  is  going  to  do  a
5    brief  summary  of  his  testimony.
6          HEARING  OFFICER  SUDMAN:   Okay.
7          MS.  TONSOR:   And,  in  addition,  has  a  couple  of  items  that
8    he  wishes  to  clarify  from  that  testimony  prior  to  going  into  his
9    summary.
10          HEARING  OFFICER  SUDMAN:   Okay.   We  will  have  the  court
11    reporter  swear  you  in.
12          (Whereupon  Dan  Heacock  was  sworn  by  the  Notary  Public.)
13          MR.  HEACOCK:   I  have  two  items  to  clarify  initially.   One
14    is  there  was  a  table  that  was  attached  with  the  prefiled
15    testimony,  and  I  have  a  corrected  version  of  that.   There  were  a
16    couple  of  errors  on  that  table.   I  have  some  copies  here
17    available.
18          HEARING  OFFICER  SUDMAN:   So  you  would  like  to  introduce  the
19    attachment  with  the  corrected  attachment  as  an  exhibit?
20          MR.  HEACOCK:   Yes.
21          HEARING  OFFICER  SUDMAN:   Okay.   I  will  mark  your  attachment
22    to  your  prefiled  testimony  as  Exhibit  Number  1.
23          (Whereupon  said  document  was  duly  marked  for  purposes  of
24          identification  as  Hearing  Exhibit  1  and  entered  into
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1          evidence  as  of  this  date.)
2          MR.  HEACOCK:   Also  in  my  prefiled  testimony  I  had  some
3    discussion  of  boring  distance  of  20  feet  for  detection  of  voids.
4    And  in  the  rules  it  is  proposed  for  lagoons  that  distance  or
5    depth  be  50  feet.   So  I  wanted  to  clarify  that.   Where  I  speak  of
6    20  feet  that  should  probably  be  50  feet  in  most  cases  because
7    that  is  the  greatest  depth.   The  non-lagoons  have  a  20  foot
8    requirement.
9          CHAIRMAN  MANNING:   Could  you  point  to  the  part  of  the
10    testimony  that  you  are  talking  about  right  now?
11          MR.  HEACOCK:   That  would  be  --  let's  see.
12          CHAIRMAN  MANNING:   You  might  want  to  speak  up  just  a  little
13    bit,  too.
14          MR.  HEACOCK:   Okay.   There  is  a  few  places  where  that  is
15    mentioned.   On  page  six  under  Sections  506.207  and  506.312,  the
16    first  paragraph,  where  it  mentions  20  feet  for  lagoons.   It  is  50
17    feet  in  the  rule.
18          We  also  make  mention  of  20  feet  on  page  seven.   It  looks
19    like  it  is  the  second  full  paragraph.
20          And  there  is  a  couple  of  other  places.   Page  nine,  the  last
21    paragraph.   That  actually  is  not  speaking  of  the  boring.   So  I
22    will  go  to  the  next  page.
23          Page  eleven,  the  second  to  the  last  paragraph  and  then  the
24    last  paragraph  on  that  page.   I  believe  that's  all  of  them.
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1          HEARING  OFFICER  SUDMAN:   Okay.   Thank  you.
2          MR.  HEACOCK:   I  can  go  ahead  and  read  a  summary  of  the
3    testimony  that  I  have.   My  name  is  Dan  Heacock.   I  am  employed  by
4    the  Illinois  Environmental  Protection  Agency  as  a  Manager  of  the
5    Facility  Evaluation  Unit  in  the  Watershed  Management  Section  of
6    the  Bureau  of  Water.   The  duties  of  that  unit  include  reviewing
7    NPDES  applications  and  providing  technical  assistance  for  the
8    Livestock  Waste  Management  Program  administered  by  the  Illinois
9    EPA.   I  have  been  employed  in  the  permit  programs  of  the  Bureau
10    of  Water  or  Division  of  Water  Pollution  Control  since  1985.
11          My  experience  with  the  Livestock  Waste  Management  Programs
12    began  with  my  employment  with  the  Agency.   I  participated  in  the
13    Livestock  Management  Advisory  Committee  meetings  during  the
14    development  of  the  proposed  amendments  to  Part  506  and  the
15    Illinois  Department  of  Agriculture's  Part  900  Rules.   I  am  a
16    graduate  of  the  University  of  Illinois  in  agricultural
17    engineering  and  I  am  a  registered  professional  engineer  in
18    Illinois.
19          The  Agency  participated  in  the  development  of  this  proposal
20    through  the  Livestock  Management  Advisory  Committee  and
21    appreciates  the  opportunity  to  further  that  participation  by
22    offering  comments  and  this  testimony  concerning  the  proposed
23    revision  of  35  Illinois  Administrative  Code  506.   I  will  provide
24    a  summary  of  my  prefiled  testimony,  and  that  summary  does  not
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1    include  discussion  of  some  of  the  items  in  my  prefiled  testimony
2    that  regard  clarifications  due  to  typographical  errors  or  other
3    reasons.
4          The  ASAE  EP  403.3  Design  of  Anaerobic  Lagoons  for  Animal
5    Waste  Management  clarifies  the  method  of  determining  the  total
6    volume  of  the  lagoon  by  specifically  including  runoff  and
7    precipitation  generated  between  manure  removal  events.   The
8    proposed  regulations  do  not  specifically  list  this  runoff  and
9    precipitation  as  additional  volumes,  although  the  runoff  and
10    precipitation  generated,  which  are  tributary  to  a  lagoon  for  a
11    storage  period  of  270  days,  should  be  accounted  for  in  the
12    calculation  in  the  amount  of  waste  generated  in  the  same  270  day
13    period.
14          The  Illinois  EPA  suggests  that  for  clarity  these  volumes  be
15    listed  in  the  proposed  regulation  and  recommend  that  Section
16    506.204(g)(3)(c)  be  replaced  with  the  language  submitted  in  my
17    prefiled  testimony.
18          The  last  sentence  of  506.303(a)  should  be  revised  for
19    clarify  to  include  the  term  "volume,"  as  recommended  in  my
20    prefiled  testimony.   The  regulations  do  not  specifically  list  as
21    an  additional  volume  the  runoff  and  precipitation  generated  and
22    tributary  to  a  non-lagoon  livestock  waste  handling  facility  for  a
23    period  of  150  days.   This  runoff  and  precipitation  is  livestock
24    waste  and  should  be  included  in  the  calculation  of  livestock
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1    waste  volume  generated  during  a  period  of  150  days  and  listed  in
2    the  regulations  for  the  calculation  of  the  total  volume  of  the
3    non-lagoon  livestock  waste  handling  facilities.   The  Illinois  EPA
4    suggests  that  for  clarity  this  volume  be  added  to  the  list  of
5    additional  volumes  in  the  proposed  regulations  and  recommends
6    that  Section  506.303(a)(1)  and  (2)  be  replaced  with  the  language
7    suggested  in  my  prefiled  testimony.
8          The  Agency  recommends  that  Section  506.304(c)  be  revised  to
9    include  specifications  for  the  maximum  allowable  horizontal
10    separation  between  the  perimeter  drainage  tubing  and  the
11    livestock  waste  handling  facility.   The  drainage  tubing  must  be
12    located  near  the  structure  to  effectively  lower  the  water  table
13    below  the  livestock  waste  handling  facility  to  prevent
14    floatation.   The  following  language  should  be  added.   Quote,  the
15    perimeter  drainage  tubing  must  be  located  at  a  horizontal
16    distance  that  provides  sufficient  drainage  to  maintain  the  water
17    table  elevation  below  the  bottom  of  the  livestock  waste  handling
18    facility,  unquote.
19          A  required  sampling  port  is  recommended.   The  drainage
20    tubing  may  receive  and  transport  livestock  waste  that  has  leaked
21    from  the  nearby  waste  storage  structure.   A  sampling  port  located
22    on  site  immediately  downstream  of  the  subsurface  drain  around  the
23    livestock  waste  handling  facility  would  provide  easy  access  for
24    sampling  and  inspection  to  determine  if  the  particular  facility
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1    is  or  is  not  causing  the  discharge  of  livestock  waste  from  a
2    subsurface  drain.   Additionally,  early  detection  of  such  a
3    discharge  by  sampling  or  inspection  of  the  sampling  port  would
4    provide  the  facility  a  better  opportunity  to  initiate  actions  to
5    contain  the  livestock  waste  or  prevent  a  discharge  to  waters  of
6    the  State.
7          Also,  a  reference  to  how  the  seasonal  high  water  table  may
8    be  determined  is  recommended.   If  the  water  table  rises  above  the
9    livestock  waste  handling  facility  bottom,  the  livestock  waste
10    handling  facility  can  be  damaged  by  floatation,  possibly  causing
11    a  discharge.   Therefore,  it  is  critical  to  know  accurately  the
12    seasonal  high  water  table  elevation  when  no  subsurface  drainage
13    is  installed.
14          A  provision  for  the  diversion  of  livestock  waste  that  may
15    be  discharged  from  the  drainage  tubing,  away  from  the  surface
16    waters,  to  a  field  or  collection  area,  pending  collection  and
17    appropriate  disposal  is  recommended.   If  the  subsurface  drainage
18    tubing  receives  livestock  waste,  a  means  to  contain  the  waste  and
19    prevent  discharge  to  waters  of  the  State  would  need  to  be
20    implemented.
21          Section  506.310(c)(3)  requires  the  certification  by  the
22    Licensed  Professional  Engineer  of  the  liners  for  livestock
23    facilities  located  near  aquifer  materials.   The  Agency  is
24    uncertain  from  the  language  of  the  proposal  if  the  certification
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1    includes  506.310  and  506.304  requirements  and  recommends  that  the
2    certification  by  the  Licensed  Professional  Engineer  include  both
3    Sections  506.310  and  506.304  requirements,  because  the  provisions
4    of  both  sections  are  important  to  the  prevention  of  groundwater
5    contamination  by  livestock  waste.
6          Sections  506.207  and  506.312  regard  the  construction  of  the
7    lagoons  and  non-lagoons  in  karst  areas.   The  Agency  is  concerned
8    that  if  a  single  boring  is  made  to  a  maximum  depth  of  50  feet
9    below  the  lifestock  waste  handling  structure  bottom  elevation,  as
10    it  is  proposed  in  Part  506,  a  void  may  be  present  below  the
11    proposed  lifestock  waste  handling  structure  and  still  be
12    undetected.
13          Agency  research  has  revealed  the  following:   In  the  State
14    of  Minnesota  three  municipal  and  one  manure  livestock  waste
15    lagoon  located  in  the  karst  region  had  failed.   Karst  areas  with
16    sinkholes  exist  in  Illinois  in  areas  with  drift  over  the  bedrock
17    that  is  up  to  50  feet  or  more  based  on  the  review  of  the  map
18    "Karst  Terrains  and  Carbonate  Rocks  of  Illinois"  incorporated  by
19    reference  in  Section  506.104(a)(3).   In  a  paper  by  Benson  and  La
20    Fountain,  the  authors  state  that  1,000  borings  conducted  on  a
21    grid  would  be  needed  for  a  90  percent  probability  to  detect  a
22    void  of  2.3  meters  in  size  on  a  one  acre  site.
23          The  Agency  concludes,  therefore,  that  if  a  single  boring  is
24    made  to  a  maximum  depth  of  50  feet,  or  in  the  case  of  non-lagoons
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1    20  feet,  below  a  waste  handling  structure  bottom  elevation  a  void
2    may  be  present  below  the  proposed  structure  and  still  be
3    undetected.   The  Agency  recommends  a  more  comprehensive
4    investigation  based  upon  several  sources  of  data.
5          I  will  provide  a  description  of  systems  for  Minnesota  and
6    Missouri.   The  State  of  Minnesota  adopted  regulations  in  October
7    of  2000  regarding  the  location  of  manure  storage  structures  in
8    karst  areas.   The  regulations  adopted  require  that  certain
9    facilities  have  the  following:
10          A  minimum  separation  from  bedrock  of  20  to  40  feet  for
11    earthen  liners,  based  on  the  size  of  operation  and  type  of
12    structures.
13          Use  rigid  structures  or  composite  earthen/synthetic  liners.
14          Limit  the  size  of  manure  storage  structures  to  250,000
15    gallons.
16          Prohibit  manure  storage  structures  if  the  bedrock  is  within
17    5  to  15  feet  of  the  livestock  waste  handling  structure  bottom.
18          Or  relocate  away  from  the  karst  features.
19          Minnesota  also  convened  a  work  group  of  engineers  that  were
20    not  state  regulatory  personnel  to  determine  what  should  be
21    required  for  the  livestock  facilities  located  in  karst  areas.
22    Their  report,  issued  in  December  of  2000,  indicates  the
23    following:
24          That  in  five  instances  earthen  manure  storage  structures
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1    have  failed  due  to  sinkhole  development  in  states  other  than
2    Minnesota.
3          Minnesota  and  other  states  have  also  had  non-livestock
4    wastewater  treatment  ponds  fail  due  to  sinkhole  development.
5          In  all  of  these  cases  the  failures  have  occurred  where
6    there  is  no  liner  or  the  liner  is  designed  to  seep  at  greater
7    than  the  Minnesota  requirements  for  earthen  soil  liners.
8          The  Minnesota  work  group  report  also  concluded  the
9    following  be  required:
10          No  new  earthen  manure  storages  located  in  areas  where
11    carbonate  bedrock  is  less  than  50  feet  from  the  ground  surface
12    and  the  upper  bedrock  is  fractured  or  there  is  other  geologic
13    strata  where  soil  collapse  or  sinkhole  formation  occurs.
14          Construction  of  manure  storage  structure  is  not  allowed  if
15    voids  are  encountered  in  the  construction  of  the  structure  or  a
16    soil  inspection.
17          Minimum  bedrock  separation  of  five  feet  for  concrete  --
18    minimum  bedrock  separation  of  five  feet  for  concrete  tanks,  dual
19    lined  basins,  composite  lined  basins  and  above-ground  tanks  with
20    concrete  floors.
21          A  secondary  liner  with  a  leachate  collection  system  is
22    required  if  the  bedrock  separation  is  less  than  five  feet.
23          Soil  inspections  shall  be  required  during  construction.
24          Diversion  of  fresh  water  would  be  required  away  from  the
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1    perimeter  of  the  manure  storage.
2          Annual  liner  inspections  would  be  required.
3          Monitored  manure  levels.
4          And  have  emergency  response  plans.
5          The  Missouri  Department  of  Natural  Resources  regulations
6    require  that  each  site  for  an  earthen  wastewater  pond,  including
7    livestock  waste  facilities,  be  subject  to  a  geological
8    evaluation.   If  the  facility  has  severe  geological  limitations,
9    the  wastewater  pond,  in  essence,  the  livestock  waste  lagoon  or
10    holding  pond,  may  be  prohibited  unless  liner  technology  and/or
11    more  detailed  investigation  and  analysis  can  demonstrate  that  the
12    proposed  pond  will  not  cause  groundwater  contamination.   If  the
13    geological  evaluation  indicates  high  collapse  potential,  then  the
14    ponds  are  generally  prohibited.
15          The  Missouri  system  provides  for  the  evaluation  and
16    designation  of  a  score  for  eight  factors  in  making  an  assessment
17    of  the  earthen  lagoon  collapse  potential  of  a  site.   Listed  with
18    each  factor  in  my  prefiled  testimony  is  the  condition  that  scored
19    the  highest  for  potential  wastewater  pond  collapse.   The  site  is
20    not  scored  for  an  assessment  of  earthen  lagoon  collapse  potential
21    if  the  earthen  lagoon  bottom  is  underlain  by  20  feet  or  more  of
22    unconsolidated  material,  other  than  relict  bedrock  residuum  or
23    alluvium.
24          Section  2.5  of  the  Minnesota  work  group  report  provides  a
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1    summary  of  the  requirements  of  manure  storage  structures  located
2    in  karst  areas  of  ten  states  with  karst  geology.   The  factors  or
3    restrictions  used  by  these  ten  states  surveyed  included:
4          Size  of  the  manure  storage  structure.
5          The  use  of  rigid  materials,  above-ground  storage  or
6    impermeable  liners.
7          Liner  permeability  requirements.
8          Prohibition  of  earthen  liners.
9          Setbacks  from  sinkholes  of  150  to  500  feet.
10          Site  assessment  to  determine  relative  risk.
11          And  depth  to  bedrock.
12          As  I  mentioned  earlier,  the  chart  was  submitted  comparing
13    the  --  and  that  chart  compares  the  Minnesota  and  Missouri
14    regulations  in  the  report  that  I  have  been  speaking  of,  and
15    that's  the  chart  that  we  provided  a  new  copy  of  today.
16          The  presence  of  voids  below  the  structure  presents  the
17    greatest  threat  in  karst  areas  to  the  integrity  of  the  waste
18    storage  structure.   Based  on  the  information  presented  here
19    regarding  karst,  a  single  soil  boring  to  a  depth  of  50  feet,  or
20    in  the  case  of  non-lagoons  to  20  feet,  will  not  be  sufficient  to
21    reliably  detect  voids  located  near  the  manure  storage  structure
22    that  can  cause  failure  of  manure  storage  structures.   Additional
23    borings  will  provide  more  assurance  that  voids  are  not  present.
24    Multiple  borings  should  be  conducted  to  a  depth  of  at  least  50
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1    feet  or  to  the  bedrock  to  detect  the  presence  of  voids.
2          Alternatively,  if  a  single  boring  to  50  feet  or  to  bedrock
3    is  used  as  proposed,  additional  requirements  would  provide
4    methods  to  prevent  groundwater  contamination  due  to  failures  of
5    manure  storage  structures  into  fractured  bedrock.   Examples  of
6    these  additional  requirements  are:   Preventing  the  location  of
7    the  manure  storage  structures  or  requiring  the  use  of  secondary
8    liners  with  leachate  collection  in  areas  of  shallow  soils  over
9    bedrock,  requiring  material  and  liners  based  on  depth  to  bedrock,
10    limitations  on  the  size  of  the  manure  storage  structures,
11    diversion  of  fresh  water  away  from  the  manure  storage  areas,  and
12    prohibitions  based  upon  detection  of  voids  during  construction.
13          A  list  of  materials  I  use  is  provided  in  my  prefiled
14    testimony  and  have  been  submitted  as  an  exhibit  in  this
15    proceeding.
16          This  concludes  my  testimony,  and  I  will  be  happy  to  answer
17    any  questions  that  you  may  have.
18          HEARING  OFFICER  SUDMAN:   Thank  you.   Do  the  Board  Members
19    have  any  questions  at  this  time  for  Mr.  Heacock?   Okay.   Anand,
20    do  you  have  any  questions  at  this  time?
21          MR.  RAO:   Yes,  I  just  have  one.   Mr.  Heacock,  on  page
22    eleven  of  your  prefiled  testimony,  where  in  the  conclusion
23    portion  of  your  testimony  you  said  that  there  are  a  number  of
24    alternatives  for  the  Board  to  consider  instead  of  the  single
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1    boring  approach  that  has  been  proposed  by  the  Department,  could
2    you  comment  on  the  proposed  standard  for  construction  of
3    livestock  waste  handling  facilities  in  karst  areas  which  require
4    rigid  materials,  such  as  concrete?   You  know,  would  that  be
5    sufficient  to  address  some  of  the  concerns  that  you  have
6    expressed?
7          MR.  HEACOCK:   Yes,  it  does  address  some  of  the  concerns
8    that  I  expressed.   That  is  one  of  the  techniques  that  you  can  use
9    to  at  least  reduce  the  risk  of  failure  due  to  collapse.
10          MR.  RAO:   Since  the  proposal  requires  all  facilities  that,
11    you  know,  are  located  in  the  karst  areas,  based  on  the  soil
12    investigation  to  have  that  rigid  construction,  could  that,  you
13    know,  be  what  --  would  that  be  something  that  is  acceptable  to
14    the  IEPA  instead  of  doing  multiple  borings  or,  you  know,  things
15    of  that  sort?
16          MR.  HEACOCK:   If  you  are  not  --  the  borings  are  limited  as
17    to  whether  they  are  going  to  detect  a  void  or  not,  because  they
18    may  not  hit  them.   Our  concern  is  that  maybe  there  is  other
19    techniques  that  can  be  used  to  limit  the  risk,  and  some  of  those
20    would  be  what  I  have  mentioned  previously.
21          Besides  the  rigid  structure  would  be  if  there  is  shallow
22    bedrock  would  be  a  secondary  liner.   In  that  case  you  would
23    divert  fresh  water  away  from  the  structures  say  coming  off  of
24    roofs,  buildings,  or  on  to  the  structure  itself  somehow  so  that
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1    you  minimize  risk  of  failure  there.   And  then  there  is  some  other
2    liner  technologies  that  could  be  considered  as  well,  such  as
3    composite  liners  where  you  would  use  a  synthetic  liner  in
4    conjunction  with  a  thicker  clay  liner,  for  instance,  that  might
5    afford  some  additional  protection.   You  may  or  may  not  have  a
6    void  below  a  structure  in  those  areas  and  that  single  boring  may
7    not  hit  it.   So  maybe  these  are  alternative  ways  to  approach  that
8    potential  situation.
9          MR.  RAO:   So  what  you  are  suggesting  is  this  alternative
10    liner,  the  composite  liner,  or  the  synthetic  liner  they  can  use
11    as  alternatives  to  using  rigid  construction  material?
12          MR.  HEACOCK:   It  can  be  in,  I  think,  certain  circumstances.
13    But  I  think  the  rigid  structures  are  probably  considered  the  best
14    in  the  most  severe  circumstances,  in  other  words,  where  the
15    bedrock  is  the  shallowest.   Or  if  you  were  for  some  reason  going
16    to  attempt  to  design  a  structure  over  a  void  that  you  knew  about,
17    and  I  don't  know  that  that  is  feasible,  but  you  probably  would
18    have  to  use  a  rigid  structure,  if  you  would  happen  to  detect  one.
19          MR.  RAO:   Okay.   Thank  you.
20          HEARING  OFFICER  SUDMAN:   If  anybody  else  has  any  questions
21    for  Mr.  Heacock,  please  raise  your  hand.   Okay.
22          CHAIRMAN  MANNING:   Does  the  Department  have  any  questions?
23    Mr.  Harsch?
24          MR.  HARSCH:   Yes.   Were  a  number  of  the  points  that  you
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1    have  raised  today  in  the  Illinois  EPA's  testimony  the  subject  of
2    discussion  before  the  joint  committee  process  that  gave  rise  to
3    the  present  draft  regulations?
4          MR.  HEACOCK:   Could  you  ask  that  question  again,  please?
5          MR.  HARSCH:   Weren't  a  number  of  the  points  that  you  have
6    addressed  today  raised  in  discussions  with  the  joint  committee
7    process  with  the  IEPA  and  the  Department  of  Ag,  Natural  Resources
8    that  gave  rise  to  the  draft  rules  that  are  proposed  today?
9          MR.  HEACOCK:   We  did  raise  some  of  these  points  in  some  of
10    those  discussions,  yes.
11          MR.  HARSCH:   Thank  you.
12          HEARING  OFFICER  SUDMAN:   Are  there  any  further  questions
13    for  the  IEPA?   If  not,  I  think  we  are  through  with  you  for  now.
14          CHAIRMAN  MANNING:   Thank  you.
15          HEARING  OFFICER  SUDMAN:   Thank  you.
16          MS.  TONSOR:   Thank  you.
17          MR.  HEACOCK:   Thank  you.
18          HEARING  OFFICER  SUDMAN:   At  this  time  I  call  on  Ms.  Pam
19    Hansen  from  the  Illinois  Stewardship  Alliance.   Ms.  Hansen,  your
20    prefiled  testimony  will  be  entered  into  the  record  as  if  read,  if
21    you  prefer  to  summarize.
22          MS.  HANSEN:   Thank  you.   We  will  summarize.
23          HEARING  OFFICER  SUDMAN:   Okay.   Thank  you.   Will  you  please
24    swear  in  the  witness.
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1          (Whereupon  Pam  Hansen  was  sworn  by  the  Notary  Public.)
2          HEARING  OFFICER  SUDMAN:   Do  you  have  any  exhibits  you  would
3    like  to  introduce  into  the  record?
4          MS.  HANSEN:   Nothing  that  was  not  prefiled.
5          HEARING  OFFICER  SUDMAN:   Okay.   We  will  mark  your
6    attachment  to  your  prefiled  testimony  as  an  exhibit  as  well.
7          MS.  HANSEN:   Okay.   Thank  you.
8          (Whereupon  said  document  was  duly  marked  for  purposes  of
9          identification  as  Hearing  Exhibit  2  and  entered  into
10          evidence  as  of  this  date.)
11           MS.  HANSEN:   Good  morning.   My  name  is  Pam  Hansen.   I  am
12    employed  with  the  Illinois  Stewardship  Alliance.   I  am  the
13    Industrial  Agricultural  Coordinator.   As  such,  I  work  with  rural
14    residents  and  farmers  and  their  concerns  about  the  seeming
15    invasion  of  industrial-sized  livestock  operations.   While  most
16    agree  that  farms  are  getting  larger,  they  are  still  concerned
17    with  degradation  and  quality  of  life,  potential  health  impact,
18    and  contamination  of  air  and  groundwater.   Our  members  are
19    farmers,  rural  residents,  and  urban  citizens  who  all  share  a
20    concern  for  the  production  of  safe,  healthy  food  in  a  manner  that
21    is  sustainable  for  the  environment.
22          Now,  back  in  1996  when  we  were  first  looking  at  rules  for
23    the  very  first  Livestock  Management  Facilities  Act  we  were  able
24    to  bring  to  you  many  of  these  people  to  express  their  concerns,
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1    for  which  the  Board  was  appreciative.   Unfortunately,  being  the
2    nice,  beautiful  sunny  day  it  is,  many  of  them  are  out  in  the
3    field  planting  today  and  are  unable  to  be  here.   Had  it  rained,
4    that  would  be  a  different  story.   We  do  --  we  will  be  bringing
5    their  concerns  to  you  this  morning,  and  rest  assured  that  in  the
6    five  years  since  we  first  started  this  their  concerns  have  not
7    changed.
8          We  do  feel  that  the  proposed  506  Rule  is  a  step  forward  in
9    protecting  the  environmental  quality  for  the  State  of  Illinois.
10    Members  of  the  Livestock  Advisory  Committee  and  stakeholder
11    groups,  of  which  the  Illinois  Stewardship  Alliance  was  one,
12    worked  tirelessly  to  ensure  that  the  rules  were  both  protective
13    and  fair  for  the  producers.
14          I  would  like  to  thank  the  Department  for  making  the
15    clarification  on  the  emergency  lagoon  for  Elmwood.   That  has  been
16    a  very  large  concern  for  a  lot  of  our  members.   And  the
17    information  that  they  and  I  have  received  was  different  from  what
18    the  Department  presented  here  today.   So  we  would  like  to  thank
19    them  for  that.
20          Regarding  facilities  located  in  known  regions  of  karst,  we
21    have  noted  that  in  Kentucky  an  estimated  1.5  million  gallons  of
22    manure  did  drain  into  a  karst  aquifer.   That  lagoon  had  a
23    synthetic  liner  that  was  across  the  bottom  and  four  feet  up  the
24    sides.   However,  the  collapse  occurred  along  the  side  and  above
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1    where  the  liner  is,  and  quickly  expanded  to  drain  the  entire
2    lagoon.
3          Now,  at  this  point  Illinois'  proposed  construction
4    standards  will  be  more  stringent  requiring  that  those  structures
5    constructed  in  karst  be  of  concrete  or  of  rigid  materials.   But
6    we  would  feel  that  to  provide  protection  a  portion  of  this
7    concrete  or  rigid  material  should  be  extended  above  the  grade  to
8    allow  for  some  measure  of  visual  inspection  for  cracks  or  other
9    potential  subsurface  problems.   That  way  our  farmers  had  felt
10    that  if  you  see  something  at  the  surface  it  might  be  an  indicator
11    that  something  is  also  going  on  subsurface  and  needs  to  be
12    addressed,  where  if  it  is  entirely  undergrade  we  won't  know  of
13    the  potential  problem  until  you  can  detect  a  leak.
14          The  Kentucky  report  also  recommends  during  a  karst
15    investigation  that  a  dye  trace  be  performed  to  identify  the
16    receiving  spring  or  springs  in  the  event  of  a  leak.   The  springs
17    should  then  be  tested  periodically  for  groundwater  contamination
18    associated  with  livestock  waste.   And  we  do  endorse  that  measure,
19    as  well.
20          In  addition,  facilities  that  were  constructed  prior  to  the
21    July  of  1999  amendment  to  the  LMFA  requiring  --  or  that  will
22    require  a  site  investigation  should  be  identified  and  monitored
23    for  potential  problems.   Utilizing  the  IDNR-ISGS  Map  8  that  is
24    referred  to  in  Section  506.202,  large  scale  facilities  that  are
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1    located  in  known  areas  of  karst  should  be  identified  along  with
2    their  potential  receiving  springs  or  waters,  and  those  waters
3    tested  routinely  for  the  presence  or  increase  in  presence  of
4    contamination  that  is  associated  with  livestock  manure.   The
5    purpose  here  is  not  to  identify  and  indict  these  facilities  but
6    to  prevent  possible  catastrophic  contamination  in  groundwater.
7    Based  on  the  previous  information  that  is  exhibit  --  that  is  our
8    Exhibit  1,  some  lagoons  had  existed  for  18  years  before  a  breach
9    occurred.
10          Also  regarding  attempts  to  make  sure  that  administrative
11    rules  and  construction  standards  are  protective  to  the
12    environment  and  fair  to  the  producer  regarding  new  facilities  and
13    new  construction,  some  existing  large-scale  facilities  that  may
14    be  in  need  of  upgrades  have  been  ignored.   There  may  be  large
15    facilities  that  are  not  subject  to  inspections  because  they
16    predate  the  1996  LMFA  or  the  most  current  amendments  and  are
17    potentially  way  behind  current  standards  for  livestock
18    operations.
19          There  are  some  rules  for  minimum  upgrades  that  all
20    facilities  should  be  able  to  maintain,  for  example,  making  sure
21    that  lagoons  have  visual  markers  for  liquid  levels,  making  sure
22    there  is  adequate  freeboard,  diversion  of  stormwater,  which  has
23    been  causing  problems  at  some  facilities  and,  of  course,  all
24    facilities  should  have  and  maintain  a  waste  management  plan
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1    regardless  of  age,  and  that  they  should  be  followed  up  and
2    maintained  and  inspected  on  a  regular  basis,  again,  not  to
3    identify  and  indict,  but  more  to  prevent  the  potential  pollution.
4          Finally,  we  believe  that  these  rules,  again,  are  a  step
5    forward  towards  protecting  the  environment,  working  around  flaws
6    in  statutory  language,  they  appear  to  cover  many  new  requirements
7    necessary  to  adequately  site  a  new  proposed  facility.
8          We  do  thank  you  for  the  opportunity  to  comment,  and  look
9    forward  to  the  implementation  of  final  rules.
10          HEARING  OFFICER  SUDMAN:   Thank  you.
11          MS.  HANSEN:   Thank  you.
12          HEARING  OFFICER  SUDMAN:   Questions  of  the  Board  Members?
13    Anand?   The  Department?   Does  anybody  have  any  questions  for  Ms.
14    Hansen?   Okay.   Thank  you  very  much.
15          MS.  HANSEN:   Thank  you.
16          HEARING  OFFICER  SUDMAN:   Okay.   I  would  now  like  to  call  on
17    Mr.  Roy  Harsch.   I  understand  that  you  brought  someone  with  you.
18          MR.  HARSCH:   We  are  going  to  provide  written  comments  at
19    the  conclusion.
20          HEARING  OFFICER  SUDMAN:   I  am  sorry?
21          MR.  HARSCH:   We  are  going  to  provide  written  comments,  but
22    Mr.  Scheetz  would  like  to  address  the  Board.
23          HEARING  OFFICER  SUDMAN:   Okay.   You  are  representing
24    yourself?
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1          MR.  SCHEETZ:   Yes.
2          HEARING  OFFICER  SUDMAN:   Okay.   Would  you  please  spell  your
3    name  for  the  court  reporter.
4          MR.  SCHEETZ:   I  gave  her  my  card.
5          HEARING  OFFICER  SUDMAN:   Oh,  okay.   Thank  you.
6          MR.  SCHEETZ:   Thank  you.
7          HEARING  OFFICER  SUDMAN:   Would  you  please  swear  in  the
8    witness.
9          (Whereupon  Jim  Scheetz  was  sworn  by  the  Notary  Public).
10          MR.  SCHEETZ:   I  am  sorry  I  don't  have  a  prepared  statement.
11    My  name  is  Jim  Scheetz.   I  am  with  Scheetz  Family  Farms.   Myself
12    and  my  sons  have  a  farming  operation  in  Western  Illinois.   I  have
13    three  sons  that  graduated  from  Iowa  State  University  in
14    agricultural  fields  of  one  division  or  another,  and  they  have  all
15    returned  to  the  farm,  one  on  a  part-time  basis  and  the  other  one
16    as  a  full-time  member  of  our  operation.   We  have  been  involved  in
17    the  grain  production  side  as  well  as  the  swine  production  and  we
18    also  have  cattle,  a  few  cattle,  as  well.
19          I  guess  today  after  listening  to  both  the  Department  of  Ag
20    and  the  Illinois  EPA  and,  as  I  understand  it,  you  are  the  people
21    that  decide  what  kind  of  new  rules  we  have,  and  I  would  ask  that
22    any  time  that  someone  wants  to  change  the  rules  that  we  have  we
23    should  have  some  type  of  testimony  to  ask  why  the  changes  are
24    going  to  be  proposed.   And  in  my  --  as  a  producer,  the  rules  that
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1    you  --  or  the  rules  that  the  legislature  enacted  in  1997,  I
2    believe  --  yes,  1997,  I  believe,  1996,  they  were  helpful,  they
3    were  needed  at  that  time  because  people  were  concerned  about  the
4    way  livestock  facilities  were  being  constructed  and  that  there
5    were  no  standards.
6          At  that  time  I  thought  that  they  were  tougher  than  they
7    needed  to  be.   I  thought  they  were  going  to  be  harmful  to  the
8    Illinois  farmer  because  the  other  states  did  not  require  as  tough
9    a  standards  as  what  we  required.   They  still  don't  require  as
10    tough  a  standards  as  what  we  have.   So  I  guess  I  am  apprehensive
11    when  I  see  that  we  come  to  a  situation  where  we  are  going  to  ask
12    for  more  on  the  standards.
13          Costs  involved  in  our  operation  --  we  built  a  facility  --
14    we  have  had  confinement  facilities  for  years.   We  expanded  in
15    1997  when  one  of  my  sons  returned  to  the  farm.   We  are  also  going
16    to  expand  again  this  year  with  the  new  facility.   It  has  already
17    been  permitted  and  everything  has  been  okayed.   So  it  is  a  late
18    summer  project  and  we  will  start  in  about  a  month.
19          For  us,  any  type  of  --  you  know,  I  can  see  where  you  have  a
20    problem  trying  to  decide  what  you  should  do,  but  any  time  you  add
21    costs,  it  is  a  cost  on  our  bottom  line.   In  other  words,  when  you
22    add  concrete,  rebar,  what  have  you,  to  the  cost  of  the  facility,
23    I  guess  we  can  argue  that  it  is  safer.   But  that  is  not  something
24    that  us,  as  a  producer,  can  recoup  in  additional  production  or
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1    efficiency  or  what  have  you.   It  is  only  a  cost  that  the  farmer
2    is  going  to  have  to  pay  for  and  is  going  to  have  to  generate
3    through  his  operation.
4          So  we  have  to  be  competitive  not  only  in  our  state  but
5    throughout  the  United  States  in  the  cost  of  our  facilities  to  be
6    competitive.   And  most  farmers  in  Illinois  want  to  build  or
7    expand  their  operation  with  their  family  close  to  their
8    operation.   We  live  in  Western  Illinois,  so  we  have  options  that
9    we  can  move  into  Iowa  or  Missouri,  because  it  is  close  for  us.
10    However,  we  would  prefer  to  stay  in  Illinois,  close  to  our  home
11    base.
12          I  guess  some  of  the  changes  that  were  proposed  today  I
13    question.   We  have  had  confinement  facilities  with  deep  pitted
14    buildings,  concrete  structures,  for  well  over  30  years,  and  they
15    were  almost  basically  all  a  six  inch  wall  and  a  four  inch  floor,
16    and  to  my  knowledge  there  is  no  evidence  that  there  has  been  any
17    problem  with  those  structures  to  this  date.   On  our  new  facility
18    that  we  are  going  to  build,  as  a  family,  and  worried  about  the
19    environment  as  well,  we  have  decided  on  our  own  operation  that  we
20    would  like  to  build  concrete  structures  for  our  waste  material.
21          Now,  I  am  not  afraid  of  lagoons.   I  think  there  is  a
22    perception  problem  with  the  public,  and  I  think  it  is  unfair.
23    However,  that  is  one  reason  we  stayed  away  from  that.   Our
24    operation  in  1997,  when  we  built  that,  we  built  an  above-ground
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1    concrete  tank,  which  all  of  our  waste  is  handled  into.   Now,  with
2    the  new  standards  that  have  been  developed,  that  tank  is  very
3    expensive,  almost  too  expensive  to  build  once  you  consider  that
4    you  have  to  put  a  foundation  and  some  type  of  flushing  --  a  basin
5    under  the  structure  and  then  you  also  build  the  outside
6    structure,  it  becomes  very  expensive  and  it  is  almost  too
7    expensive  to  use.
8          So  our  next  alternative  on  this  project  was  a  deep  pitted
9    barn,  and  that  is  what  we  are  proposing  and  what  we  are  going  to
10    build  this  year.   However,  when  we  talk  about  the  slab  size  and
11    the  wall  size,  our  current  building  is  going  to  be  a  ten  inch
12    wall,  and  I  don't  remember  what  size  the  slab  on  the  floor  is.
13    But  that  becomes  almost  prohibitive  to  go  with  that  type  of
14    structure  over  a  lagoon  system.
15          Now,  I  would  think  that  as  a  producer,  as  a  citizen,  as
16    anyone  in  Illinois,  that  this  facility  that  we  are  going  to  be
17    building  is  much  safer  and  more  desirable  to  the  people  of
18    Illinois  than  would  be  a  lagoon  system.   However,  the  costs  are
19    going  to  --  we  are  almost  driving  the  producer  to  go  to  the
20    lagoon  system  if  we  add  costs  to  these  concrete  structures.   I
21    would  just  ask  you  to  keep  that  in  mind,  and  when  anyone  comes
22    before  you  and  proposes  a  change,  I  think  we  need  --  that  has  to
23    be  considered  as  well.
24          One  thing  that  you  went  with  when  we  did  --  or  the
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1    legislature  went  with  when  they  did  the  new  rules,  was  that  they
2    picked  the  MidWest  Plan  Service  36  as  a  building  guideline.   They
3    had  to  go  with  something.   There  was  nothing  out  here  for  us  to
4    go  by.   I  think  that  was  fine  that  we  went  with  MidWest  Plan.
5    But  there  are  a  few  things  in  there  that  need  to  be  overlooked.
6    And  I  would  encourage  that  someone  from  the  State,  the  University
7    of  Illinois,  or  the  Department  of  Ag,  or  someone,  look  at  that
8    plan  service,  and  maybe  it  is  time  to  update  that  from  the  1960s
9    or  whenever  it  was  produced.
10          There  is  one  thing  that  I  couldn't  believe,  and  we  have
11    talked  about  it  today  in  the  water  stops  and  the  construction
12    joints.   Every  50  foot  there  is  to  be  a  construction  joint,  which
13    means  that  you  stop  the  concrete,  you  pour  it  another  day,  and
14    you  put  a  water  stop  there  in  there.   Well,  it  seems  to  me,  and  I
15    couldn't  believe  that  this  was  in  the  rules,  that  a  much  safer
16    pour  --  with  the  concrete  people  that  we  have  today,  they  can
17    pour  concrete  and  they  can  make  that  one  slab.   It  seems  to  me
18    that  it  would  be  much  safer  to  have  one  slab  than  to  stop  a  cold
19    construction  joint,  have  a  water  stop  in  there,  and  then  the  next
20    day,  for  human  error  or  what  have  you,  for  people  to  come  back
21    and  pour  concrete  against  that  joint  and  assume  that  it  is  all
22    going  to  be  poured  as  well  as  a  solid  concrete  pour.   Now,  that
23    adds  cost  to  the  producer.   But  I  think  we  would  benefit  both
24    environmentally  and  on  a  cost-wise  if  that  would  be  changed  so
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1    that  we  could  make  one  pour.
2          When  a  construction  crew  comes  and  there  is  a  200  foot  barn
3    and  they  can  do  the  floor  in  a  50  foot  pour,  theoretically  you
4    can  do  that  in  two  pours.   You  can  do  both  ends  and  then  come
5    back  and  do  the  two  middles.   However,  the  size  of  the
6    construction  crews  that  do  the  jobs  today,  they  are  going  to  have
7    that  pour  done  in  about  half  a  day,  and  they  take  off  to  the
8    motel  and  you  still  go  ahead  and  pay  for  the  labor  of  about  ten
9    people.   Because  most  of  these  large  jobs,  it  is  a  construction
10    crew  away  from  your  area  that  are  used  to  doing  this  type  of
11    work.   So  I  guess  I  question  --  that  is  one  of  the  main  things  I
12    question  about  the  Plan  Service  36.
13          We  have  talked  today  about  going  from  a  --  two  things  that
14    we  have  talked  about  is  going  from  a  four  inch  slab  to  a  five
15    inch  slab.   And  I  guess  I  can't  argue  with  anybody  that  if  we  can
16    go  from  a  four  inch  to  a  five  inch  that  it  is  stronger,  or  we  can
17    go  from  a  four  inch  to  a  six  inch  to  a  seven  inch.   But  where  is
18    the  evidence  that  what  we  have  is  not  working?   I  mean,  my
19    opinion  is  that  there  are  confinement  pits  and  structures  all
20    over  Illinois  and  they  are  not  leaking.   There  is  no  proof  that
21    they  are  leaking.
22          In  our  current  operation  we  have  been  totally  confined
23    since  1993  and  we  expanded  in  1997.   All  of  our  --  Ms.  Anderson
24    talked  about  a  sustainable  agriculture.   Well,  I  guess  we  would
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1    be  considered  an  industrial  agricultural,  myself  and  my  family.
2    However,  what  can  be  more  sustainable  than  growing  crops,  feeding
3    those  crops  to  the  livestock,  taking  the  waste,  which  has  always
4    been  a  problem  in  this  type  of  business,  putting  those  back  on
5    the  field  as  fertilizer,  and  then  the  crops  utilizing  that
6    fertilizer  to  grow  crops  again.   I  would  think  that  would  be  the
7    most  sustainable  agriculture  anyone  could  have.
8          Since  1993,  unlike  some  municipalities,  I  can  honestly  say
9    we  have  not  dropped  one  drop  of  effluent  into  the  local  creek,
10    tributary,  or  what  have  you.   It  has  all  been  utilized.   That,  to
11    me,  is  sustainable  agriculture,  irregardless  of  what  size
12    operation  that  you  have.
13          I  guess  that's  all  I  have.   I  would  entertain  any
14    questions.   But  I  would  ask  --  I  thank  you  for  the  job  that  you
15    do.   I  would  just  ask  that  you,  you  know,  ask  why  rules  are
16    proposed.   I  would  ask  that  they  have  hard  data  when  they  propose
17    rule  changes.   I  would  encourage  that  we  look  at  that  MidWest
18    Plan  Service.   Maybe  there  are  some  things  there  that  need  to  be
19    stronger  than  they  are,  but  there  are  also  some  things,  for
20    instance,  the  wall  size,  that  are  almost  getting  beyond  the
21    bounds  of  where  we  can  build  facilities.
22          With  that,  I  thank  you,  and  I  will  be  happy  to  answer  any
23    questions.
24          HEARING  OFFICER  SUDMAN:   Thank  you.
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1          CHAIRMAN  MANNING:   Thank  you  for  your  testimony.   Would  you
2    explain  a  little  bit  about  the  proposed  facility  that  you  are
3    building  now?   You  said  it  was  a  deep  pitted  barn,  ten  inch  wall?
4          MR.  SCHEETZ:   Yes,  yes.
5          CHAIRMAN  MANNING:   Does  it  meet  the  current  regulations  and
6    even  the  proposed  regulations  that  we  have  before  us  today?
7          MR.  SCHEETZ:   Yes,  it  does.
8          CHAIRMAN  MANNING:   It  meets  all  of  those  regulations?
9          MR.  SCHEETZ:   Yes.   I  thought  Mr.  Feldman  would  be  here,
10    who  is  an  engineer  from  Peoria.   He  is  the  engineer  that  we  have
11    been  using  for  our  site  investigation  as  well  as  the  acceptance
12    of  the  plans  that  we  have  through  the  Department  of  Ag.
13          Our  current  operation  --  we  are  grain  farmers,  unlike  some
14    livestock  producers,  large  livestock  producers  that  don't  have
15    grain  farming.   Manure  is  a  waste  to  them.   Now,  we  call  it
16    waste,  but  it  is  also  a  fertilizer  to  us.   So  we  really  --
17    although  it  is  a  by-product  that  is  about  the  same  cost  as
18    fertilizer,  but  by  the  time  we  use  it,  it  is  something  we  have  to
19    deal  with  anyway,  so  why  not  utilize  it.   We  are  grain  farmers  as
20    well,  so  we  want  to  utilize  that.
21          Our  new  structure,  we  felt  the  safest  was  a  deep  pitted
22    barn,  concrete.   The  new  regulations  --  we  are  going  to  go  12
23    foot  deep.   We  could  have  built  a  lagoon.   We  could  have  built
24    any  structure  on  this  facility  where  we  are  going  to  be.   The
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1    setbacks  have  all  been  met.   We  could  have  built  a  lagoon.   We
2    had  the  proper  soil  for  that.   We  did  not  have  a  high  water
3    table,  so  that  was  not  a  problem.   We  could  have  built  an  outside
4    tank  or  we  could  have  built  a  deep  pitted  barn.   We  chose  the
5    deep  pitted  barn.   We  wanted  to  go  with  a  construct  structure  of
6    some  type.
7          But,  like  I  said,  it  was  a  very  tough  call  for  us  to  spend
8    the  extra,  I  would  say  $100,000.00  on  concrete  over  a  lagoon,  and
9    that  is  not  --  that  is  not  monies  that  we  can  recoup  unless  we
10    can  save  ourself  in  some  litigation  or  some  problems  in  the  area
11    of  that  sort.   And  we  felt  maybe  that  was  the  case.   And  a  deep
12    pitted  barn,  we  feel,  is  the  safest.   A  deep  pitted  barn  will
13    retain  more  of  the  nutrients  in  the  manure,  so  we  will  have  to
14    have  more  land  base  for  that.   But  to  us  that  is  a  plus.   If  we
15    can  get  there,  we  can  utilize  it.   The  crops  will  utilize  it.
16    That's  a  product  that  we  want.   It  is  a  waste  but  it  is  a  product
17    that  we  want.
18          So  to  answer  your  question,  we  are  going  with  a  12  foot
19    pit.   I  forget  the  exact  floor  size,  but  the  walls  will  be  ten
20    inch.   The  rebar  is  --  there  is  a  certain  size  of  rebar  that  is
21    required.   Of  course,  Terry  has  engineered  our  walls  and  they  all
22    meet  the  specifications  and  they  have  been  approved.   Everything
23    is  go.   As  I  said,  it  is  a  late  summer  project.   So  we  are  going
24    to  start  about  June  1st.
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1          CHAIRMAN  MANNING:   Do  you  have  enough  ground,  then?   I
2    understand  that  you  are  able  to  use  all  of  the  waste  yourself  and
3    land  apply  it  to  your  own  ground?
4          MR.  SCHEETZ:   Yes.
5          CHAIRMAN  MANNING:   So  you  don't  even  have  to  bother  selling
6    it  or  you  don't  have  to  give  it  to  your  neighbors?   You  can  use
7    most  of  it  yourself?
8          MR.  SCHEETZ:   We  can  use  it  all.   Now,  there  are  some  farms
9    that  will  be  a  bit  far  to  be  hauling  that.   So  it  may  come  to  a
10    point  where  we  would  rather  sell  it  to  neighbors  than  use  it
11    ourselves.   So  that  may  be  the  case  on  some  of  what  we  have.
12    Preferably,  we  would  rather  use  it  ourself  because  it  is  better
13    than  commercial  fertilizer  and  you  can  raise  better  crops  with  it
14    than  you  can  with  commercial  fertilizer.   However,  it  --  we  will
15    utilize  all  we  can.   However,  there  probably  is  a  point  there
16    where  we  will  try  to  sell  that  to  local  neighbors  and  incorporate
17    it  into  the  farm  ground  around  there.
18          CHAIRMAN  MANNING:   More  specifically,  where  are  you
19    located?   You  said  Western  Illinois.
20          MR.  SCHEETZ:   Hancock  County.   The  new  facility  will  be
21    north  of  Carthage  approximately  ten  miles.
22          CHAIRMAN  MANNING:   Okay.   Thank  you.
23          MR.  SCHEETZ:   Our  other  operation  is  just  a  little  bit
24    further  north  and  west  of  there,  east  of  Nauvoo,  Illinois,  near
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1    Niota,  Illinois,  although  we  are  not  down  in  the  bottoms  where
2    they  are  flooding.   We  are  up  on  high  ground.
3          CHAIRMAN  MANNING:   Okay.   Thank  you.
4          HEARING  OFFICER  SUDMAN:   Any  other  --  Elena.
5          BOARD  MEMBER  KEZELIS:   Good  morning.   How  many  swine,
6    roughly,  do  you  anticipate  holding  in  your  deep  pitted  barn?
7          MR.  SCHEETZ:   The  animal  units,  you  mean?
8          BOARD  MEMBER  KEZELIS:   Yes.
9          MR.  SCHEETZ:   The  current  operation  that  we  are  going  to
10    build  will  be  a  3,600  sow  site,  and  it  is  a  farrow  to  wean
11    operation.   So,  in  other  words,  we  will  farrow  and  then  the  pigs
12    will  leave  there  at  approximately  10  to  14  days  of  age  and  go
13    into  another  new  facility.
14          BOARD  MEMBER  KEZELIS:   Another  deep  pitted  barn?
15          MR.  SCHEETZ:   Probably,  although  we  don't  own  the  pigs  at
16    that  point.   Someone  else  owns  that  and  they  have  control  of
17    those.   We  are  not  --  but  that  is  generally  what  happens.
18          BOARD  MEMBER  KEZELIS:   Okay.
19          BOARD  MEMBER  GIRARD:   Carol,  I  have  a  question.
20          HEARING  OFFICER  SUDMAN:   Yes,  Dr.  Girard.
21          BOARD  MEMBER  GIRARD:   Thank  you,  Mr.  Scheetz,  for  coming  in
22    and  talking  to  us  today.   I  realize  that  on  a  day  like  this  in
23    the  spring  there  is  a  lot  of  work  for  you  to  do  out  there.
24          MR.  SCHEETZ:   Exactly.
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1          BOARD  MEMBER  GIRARD:   I  saw  a  lot  of  planting  going  on  on
2    the  drive  over  here  from  Jacksonville  this  morning.   We  certainly
3    appreciate  hearing  from  a  good,  conscientious  farmer  like  you.
4    Because,  let's  face  it,  there  are  thousands  of  farmers  out  there
5    who  are  doing  a  good  job  and  doing  everything  right  and  being
6    protective  of  the  environment,  and  we  don't  hear  from  them  very
7    often.   What  we  see  in  the  newspapers  are  the  ones  who  are  not  as
8    conscientious  and  try  to  slip  by,  and  then  we  have  environmental
9    problems  and  then  that  gets  the  public  in  an  uproar.
10          MR.  SCHEETZ:   Sure,  sure.
11          BOARD  MEMBER  GIRARD:   So  we  certainly  appreciate  you  taking
12    time  today  from  your  operation  to  come  here  and  testify.   The
13    question  I  have  is,  it  sounds  to  me  like  the  structure  you  are
14    designing  goes  well  beyond  the  minimum  proposed  standards  here
15    for  manure  containment.   And  why  is  that?   Is  that  just  what  your
16    engineer  came  back  and  said,  that  you  need  ten  inch  thick  walls,
17    or  are  you  just  doing  that  to  have  a  safety  factor  in  there?
18          MR.  SCHEETZ:   I  guess  I  would  have  to  ask  you  a  question.
19    Is  that  in  regard  to  building  a  deep  pitted  barn  or  in  the  design
20    of  the  pit  itself,  is  your  question  referring  to?
21          BOARD  MEMBER  GIRARD:   In  the  design  of  the  pit  itself.
22          MR.  SCHEETZ:   No,  we  worked  through  Mr.  Feldman  and  --  you
23    are  probably  normally  --  normally  a  pitted  facility  is  only  eight
24    foot  deep.   Our  desire  was  to  get  to  either  a  10  or  a  12  and
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1    hopefully  the  12,  because  that  would  hold  a  year's  supply  of
2    waste.   An  ideal  grain  farmer  would  rather  just  apply  that  in  the
3    fall  because  spring  becomes  so  hectic  and  compaction  becomes  a
4    problem  and  timing  becomes  a  problem.
5          So  our  goal  was  to  provide  enough  capacity  to  have  a  year's
6    supply.   So  we  are  going  with  a  12  foot,  and  as  I  understand  it
7    from  Terry  and  working  with  the  Department  of  Ag,  to  get  this
8    approved  we  had  to  go  with  the  ten  inch  wall,  and  the  size  --  and
9    the  amount  of  rebar  that  is  in  that  as  well  as  the  thicker  slab
10    on  the  floor.
11          So,  no,  we  did  not  --  we  did  not  go  --  those  are  required
12    by  the  State.   Now,  normally  in  the  past  any  pit  that  was  ever
13    built  was  a  six  inch  wall  on  a  four  inch  floor,  period,  even  a
14    ten  foot.   We  built  a  circular  concrete  tank  in  1997  where  there
15    weren't  any  standards.   Your  building  standards  did  not  apply  at
16    that  time.   We  could  design  that  round  tank  at  that  time.   So  it
17    is  not  as  strong  as  this  pit  is  going  to  be.
18          However,  it  seems  to  me  that  I  do  think  that  once  we  go  to
19    a  ten  inch  wall  it  is  over-engineered,  and  it  is  --  I  think  what
20    you  are  forcing  a  lot  of  producers  to  do  is  rather  than  look  at
21    the  concrete  structure  is  to  go  to  a  lagoon  system.   And  I  think
22    that  if  we  want  to  encourage  concrete  structures  possibly  we
23    should  come  off  that  ten  inch  wall  idea  to  an  eight  inch  wall.
24          BOARD  MEMBER  GIRARD:   So  did  the  requirements  for  the  ten
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1    inch  wall  come  out  of  this  MidWest  Plan?
2          MR.  SCHEETZ:   Yes.
3          BOARD  MEMBER  GIRARD:   Okay.   Thank  you.
4          MR.  SCHEETZ:   I  am  sorry.
5          BOARD  MEMBER  GIRARD:   No,  that  is  --
6          CHAIRMAN  MANNING:   Well,  what  I  understand  you  to  say  is
7    that  your  facility  is  able  to  handle  a  lot  more  --  has  a  lot  more
8    capacity  than  --
9          MR.  SCHEETZ:   Than  what  is  necessary.   But  normally  most
10    farmers  will  build  a  facility  so  that  they  can  haul  their  waste
11    in  the  spring  and  the  fall.   And  our  desire  is  to  do  that  just
12    once  a  year,  and  I  know  we  will  be  able  to  do  that.
13          MR.  RAO:   I  have  one  --
14          CHAIRMAN  MANNING:   Go  ahead.
15          MR.  RAO:   In  your  testimony  you  talked  about  the  cost
16    impact  of  the  rules.
17          MR.  SCHEETZ:   Yes.
18          MR.  RAO:   And  the  additional  design  requirements.   If  you
19    are  --  you  know,  any  organizations  that  represent  your  interest,
20    if  they  have  any  cost  data  that  they  could  submit  to  the  Board,
21    it  would  be  helpful  to  have  that  information.
22          MR.  SCHEETZ:   Okay.   When  you  say  cost  data,  is  that  a
23    lagoon  compared  to  a  concrete  structure  or  is  that  --
24          MR.  RAO:   No.
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1          MR.  SCHEETZ:   --  a  concrete  structure  based  on  maybe  --
2          MR.  RAO:   You  know,  design  requirements  like  the  cost
3    impact  that  a  particular  concrete  wall  would  have.
4          MR.  SCHEETZ:   I  see.   I  can  send  that.
5          MR.  RAO:   And  then  any  other  related  cost  data  would  be
6    helpful.
7          MR.  SCHEETZ:   Sure.   I  would  be  happy  to  do  that.
8          MR.  RAO:   Thank  you.
9          HEARING  OFFICER  SUDMAN:   Okay.   Thank  you  very  much.
10          MR.  SCHEETZ:   Thank  you.
11          CHAIRMAN  MANNING:   Thank  you.
12          MR.  SCHEETZ:   Thank  you.
13          HEARING  OFFICER  SUDMAN:   At  this  time  we  will  hear  from  Mr.
14    Ken  Koelkebeck,  who  is  representing  the  State  Turkey  Growers
15    Association,  Perdue  Farms,  and  the  University  of  Illinois
16    Department  of  Animal  Science.   You  gave  a  business  card  to  the
17    reporter?
18          MR.  KOELKEBECK:   Yes.
19          HEARING  OFFICER  SUDMAN:   Okay.   Your  name  is  tricky  to
20    spell.
21          Could  you  please  swear  in  the  witness.
22          (Whereupon  Ken  Koelkebeck  was  sworn  by  the  Notary  Public.)
23          MR.  KOELKEBECK:   I  am  going  to  file  written  testimony  by
24    the  May  14th  deadline,  but  I  had  some  oral  comments  that  I  wanted
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1    to  make  here  this  morning  before  the  group.
2          CHAIRMAN  MANNING:   Just  so  you  know,  that  would  be
3    considered  public  comment,  then.   Your  testimony  is  today.
4          MR.  KOELKEBECK:   Okay.   Thank  you.   Yes.   I  want  to  just
5    briefly  thank  you  for  the  opportunity  to  give  testimony  in  regard
6    to  the  proposed  changes  in  Code  506,  construction  standards.   And
7    specifically  I  wanted  to  give  testimony  on  the  design  and
8    standards  for  construction  of  livestock  facilities  other  than
9    lagoons.
10          Basically,  it  is  my  understanding  that  any  new  facility  or
11    an  addition  to  an  existing  facility,  specifically  I  am  going  to
12    talk  about  the  poultry  facilities  in  the  state,  we  classify  that
13    a  new  facility  which  is  intended  to  house  poultry  has  to  conform
14    with  certain  construction  standards  related  to  floors  within
15    these  facilities,  as  stated.   These  proposed  standards  require
16    that  new  facilities  that  are  built  must  be  constructed  on  ground
17    that  has  a  hydraulic  conductivity  or  permeability  of  one  times
18    ten  to  the  minus  seventh,  and  that  was  indicated  in  Section
19    506.304(a)(1).
20          In  the  event  that  a  one  times  ten  to  the  minus  seventh
21    centimeter  per  second  permeability  cannot  be  attained  within
22    these  facilities  or  a  new  facility,  that  the  construction  process
23    for  a  new  facility,  turkey  or  layer  facility,  would  have  to  be
24    involving  a  concrete  floor.   In  addition,  the  producer  or  company
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1    must  obtain  a  soil  sample  to  determine  the  presence  or
2    nonpresence  of  aquifer  containing  material  within  five  feet  of
3    the  floor  facility,  and  that  is  Section  506.302.
4          These  regulations  and  others  that  are  not  specifically
5    mentioned  here,  basically  would  greatly  affect  poultry  producers
6    in  the  State  of  Illinois  and  specifically  the  turkey  industry  and
7    to  some  extent  possibly  the  laying  hen  industry.   These
8    regulations  would  also  negatively  affect  the  possible  expansion
9    of  the  broiler  industry  into  the  State  of  Illinois.
10          Basically  in  regards  to  these  few  brief  comments,  I  was
11    approached  by  an  integrated  turkey  company  that  contracts
12    production  in  Southeastern  Illinois  about  a  year  and  a  half  ago.
13    This  company  had  several  contract  producers  that  were  wanting  to
14    expand  their  operation,  put  in  new  facilities  or  upgrade  their
15    current  turkey  grow-out  facilities.   They  were  informed  that  they
16    would  have  to  met  these  guidelines  set  forth  in  Section  506,  and
17    that  being  the  one  times  ten  to  the  minus  seventh  centimeters  per
18    second  permeability  within  the  turkey  facility  itself.
19          The  company  had  basically  talked  to  the  Department  of
20    Agriculture  and  decided  to  obtain  some  scientific  data  on
21    permeability  of  soils  for  the  proposed  facilities  that  the
22    producer  wanted  to  put  in.   In  addition,  this  particular  project,
23    we  wanted  to  determine  the  extent  of  leaching,  if  there  were  any,
24    of  nutrients  from  the  turkey  manure  within  the  soils.   Therefore,
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1    this  company  approached  me  and  we  designed  a  field  type  trial.
2    Basically  we  got  funding  from  the  Illinois  Council  on  Food  and
3    Agriculture  Research,  CFAR  organization  in  the  state,  and  the
4    Department  of  Animal  Sciences  there  at  the  U  of  I.
5          In  particular,  I  wanted  to  briefly  discuss,  then,  the
6    results  of  this  particular  study  and,  in  addition,  this  study  has
7    been  presented  at  national  and  state  meetings  in  the  poultry
8    industry  as  well  as  a  report  was  given  to  the  Department  of
9    Agriculture  back  on  February  14th  of  2000.   And,  in  addition,  a
10    peer  review  manuscript  has  been  submitted  to  a  poultry  peer
11    review  journal  on  December  11th  of  2000  and  is  currently  under
12    review.
13          Basically  for  this  study  we  sampled  two  turkey  grow-out
14    barns  and  a  brooder  barn,  basically  selected  from  commercial
15    turkeys  in  Southeastern  Illinois  to  determine  the  possible
16    leaching  of  soil  nutrients  and  permeability  of  properties  within
17    the  house  at  certain  depths.   Three  barns  that  had  been  in
18    existence  raising  turkeys  for  approximately  10  to  12  years  were
19    selected.   And  these  barns  were  selected  as  a  representative
20    sample  of  these  turkey  facilities  in  this  area  of  the  state.
21    Each  barn  we  took  soil  samples  from  inside  the  facility,  and
22    additional  soil  samples  outside  the  facility,  basically  the  soil
23    borers.
24          We  contracted  the  services  of  the  Illinois  State  Geological
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1    Service  to  get  a  probe  truck  within  the  facilities  and  outside  to
2    take  soil  bore  samples.   In  addition,  we  wanted  to  take  soil  bore
3    samples  up  to  five  feet,  but  on  the  outside  we  wanted  to  take
4    samples  up  to  28  feet  and  actually  go  up  to  50  feet  if  we  could
5    to  determine  if  there  was  aquifer  material  in  and  around  this
6    proposed  additional  new  building  for  this  turkey  producer.
7          We  separated  the  soil  borers  within  the  house  and  sent  them
8    into  a  private  lab  and  looked  at  nitrogen,  nitric  nitrogen,  and
9    phosphorus,  basically  nutrients  that  are  leaching  within  the
10    manure  and  may  have  possible  harmful  affects  on  underground
11    water.   In  addition,  core  samples  were  taken  at  three  depths,  up
12    to  about  eleven  inches,  to  determine  soil  permeability.
13          Briefly,  the  results  of  this  study  indicated  that  a  greater
14    concentration  of  nitrogen  in  the  first  three  foot  of  soil  within
15    the  house  was  found  compared  to  samples  outside  the  house.
16    However,  at  four  and  five  foot  depths  underneath  this  turkey
17    facility  there  were  no  differences  in  the  concentration  of
18    nitrogen,  kjeldahl  nitrogen  and  total  nitrogen  and  phosphorus.
19    Basically  we  found  similar  results,  except  for  phosphorus  was
20    only  different  at  the  first  foot  level  basically.   So  phosphorus
21    essentially  did  not  move  into  the  soil  and  migrate  into  the  soil
22    like  nitric  nitrogen  and  kjeldahl  nitrogen.
23          So  permeability  results  indicated  a  lower  permeability.
24    That  means  basically  it  slowed  the  infiltration  of  water  through
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1    the  soil  inside  the  house  versus  outside  samples  in  one  to  three
2    and  five  to  seven  inch  depths.   As  a  matter  of  fact,  in  going
3    into  the  turkey  facility  I  was  taking  soil  samples  for  the  soil
4    permeability.   We  used  what  we  called  a  uline  (spelled
5    phonetically)  core  sampler,  and  it  essentially  takes  a  core  of
6    soil  and  basically  we  took  those  cores  back  to  a  lab  at  the  U  of
7    I  to  determine  permeability  studies  on  it.
8          Basically  after  the  first  sample  that  I  took  the  instrument
9    broke  because  the  ground  was  so  hard  and  clay  in  nature  and  the
10    turkeys,  basically  20,000  in  the  house,  compacting  the  soil,  we
11    had  to  rush  the  unit  to  a  nearby  welding  shop  and  get  it  fixed
12    before  we  could  continue.   So  that  is  an  indication  of  how  hard
13    the  soil  basically  is.   It  is  just  like  glass  and  a  concrete
14    floor  when  you  are  in  there  walking  on  it,  the  compaction  of  the
15    turkeys  over  a  number  of  years  that  are  being  produced.
16          Continuing,  the  permeability  data  also  indicated  that
17    several  inside  permeabilities  exceeded  one  times  ten  to  the  minus
18    seventh  centimeters  per  second  permeability  of  water  through
19    those  soils.   Thus,  this  --  basically  this  study  indicated  that
20    the  leaching  of  soil  nutrients  essentially  stopped  at  the  four
21    and  five  foot  level  within  these  turkey  facilities.   In  addition,
22    soil  permeability  was  lowered  by  the  presence  of  growing  turkeys
23    within  these  facilities.
24          As  an  indication  of  the  nutrients,  and  basically  the
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1    outside  core  sample  that  we  tried  to  sample  going  down  to  50
2    feet,  on  the  first  facility  we  got  down  to  28  feet  with  the  soil
3    probe  and  didn't  find  the  presence  of  aquifer  material  and  hit
4    bedrock,  limestone,  and  couldn't  go  any  further.   So  on  the
5    subsequent  three  houses  we  went  down  and  tried  to  go  at  least  28
6    feet  with  an  outside  core  sample  and  look  at  that  profile  to
7    determine  aquifer  material.   And  basically  we  hit  water  on  one  of
8    the  buildings  and  that  depth  was  at  20  feet.
9          So  it  satisfied  our  curiosity  that  underneath  these  houses
10    there  was  not  aquifer  material  within  the  first  basically  28
11    feet.   We  couldn't  go  down  any  further  because  of  bedrock.   So
12    the  soil  permeability  samples  that  we  took  determined  that  the
13    inside  samples  were  lower  permeability  compared  to  the  outside,
14    which  was  our  control.
15          So  in  addition  to  this,  I  would  like  to  make  a  few  comments
16    basically  on  the  impact  of  this  particular  study  and  relationship
17    to  the  poultry  industry  in  the  State  of  Illinois.   I  have  been
18    here  at  the  U  of  I  for  14  years,  and  when  Governor  Thompson  was
19    governor  he  was  actively  trying  to  recruit  the  poultry  industry
20    to  the  State.   We  have  umpteen  supplies  of  corn  and  soybeans,  if
21    you  will,  and  I  think  you  know  that,  that  poultry  production  in
22    the  State  of  Illinois  would  benefit  if  they  would  expand  in  the
23    State.
24          Basically,  if  these  changes  were  to  finally  be  enacted,
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1    further  expansion  of  the  turkey  and  layer  industry  basically,  I
2    think,  would  be  negatively  affected.   Turkey  producers  are  forced
3    to  build  new  grow-out  buildings  or  expand  their  existing  ones,
4    and  have  to  meet  a  concrete  floor  permeability,  the  additional
5    cost  of  $25,000.00  to  $30,000.00  per  house  on  a  house  that
6    already  costs  about  $100,000.00  would  make  it  virtually
7    impossible  for  the  producer  to  secure  a  loan  from  any  banker
8    based  on  the  normal  contracts  that  a  contract  company  provides
9    for  a  turkey  grower.
10          Also,  when  the  existing  facilities  depreciate  in  value  and
11    can  no  longer  produce  turkeys  efficiently,  the  total  production
12    volume  of  the  State  will  decline  because  these  new  facilities
13    would  be  cost  prohibited.   Thus,  in  the  end  the  State  would  lose
14    some  35  million  dollars  in  cash  receipts  from  the  turkey  industry
15    that  are  generated  per  year  and,  in  addition,  the  money  generated
16    by  the  sale  and  consumption  of  nearly  3.5  million  bushels  of
17    corn.   Basically  it  takes  a  bushel  of  corn  to  produce  a  turkey  up
18    to  market  weight.   We  produce  about  3.5  million  turkeys  per  year
19    in  the  State  of  Illinois.   That  would  be  lost  and  would  have  to
20    be  sold  elsewhere.
21          The  State  would,  finally,  not  be  able  to  receive  any
22    monetary  benefits  from  any  broiler  companies,  which  we  have  been
23    trying  to  attract  in  recent  years,  due  to  when  they  would
24    construct  facilities  they  would  probably  have  to  put  in  the
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1    concrete  floor  if  permeability  couldn't  be  demonstrated.
2          So  basically  to  summarize,  our  research  findings  reported
3    that  --  seemed  to  support  the  contention  that  subsurface
4    groundwater  would  not  be  contaminated  from  leaching  of  the
5    nutrients  from  within  the  turkey  facilities,  particularly  in  the
6    State  since  we  conducted  this  research  trial.   In  addition,  the
7    proposed  construction  standards  as  currently  written  would
8    negatively  affect  expansion  of  the  turkey  industry  and  layer
9    industry  as  well  as  prohibit  any  new  broiler  companies  from
10    expanding  into  the  State  of  Illinois.
11          I  will  entertain  any  questions  that  you  have  at  this  time.
12          HEARING  OFFICER  SUDMAN:   Thank  you.   Are  there  any
13    questions?
14          CHAIRMAN  MANNING:   I  have  a  few.
15          MR.  KOELKEBECK:   Yes,  ma'am.
16          CHAIRMAN  MANNING:   Thank  you  for  testimony  today.
17          MR.  KOELKEBECK:   Yes,  ma'am.
18          CHAIRMAN  MANNING:   The  facilities  that  you  studied,  could
19    you  describe  them  a  little  bit  more  for  me,  particularly  where
20    are  they  located  exactly?   You  just  said  the  Southeast  portion  of
21    the  State?
22          MR.  KOELKEBECK:   Yes,  they  are  --
23          CHAIRMAN  MANNING:   You  said  four?
24          MR.  KOELKEBECK:   There  are  three  facilities  in  Richland  and
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1    Crawford  County.   It  could  have  been  Lawrence  County.   It  was
2    about  year  and  a  half  ago.   These  are  the  particular  facilities,
3    one  brooder  barn,  one  grow-out  barn  --
4          CHAIRMAN  MANNING:   Could  you  explain  those,  the  brooder
5    barn  and  the  grow-out  barn?
6          MR.  KOELKEBECK:   Yes.   A  brooder  barn  basically  raises  day
7    old  turkeys  up  to  about  six  or  seven  weeks  of  age.   Then  the
8    producers  moves  them,  physically  moves  the  birds  to  an  adjoining
9    grow-out  barn.   It  is  basically  a  concrete  foundation  barn  built
10    basically  on  existing  soil,  and  the  foundation  sits  up  about  two
11    or  three  feet  and  basically  about  20,000  poults  can  fit  in  there
12    initially.   When  they  are  transferred  to  the  grow-out  barn,  about
13    half  of  those  are  transferred  to  the  grow-out  barn,  depending
14    upon  whether  they  are  raising  hens  or  toms.
15          Basically  both  types  of  facilities  are  the  same  type  of
16    construction  with  a  foundation  type  but  no  concrete  floor  and
17    basically  fan  ventilated  and,  you  know,  typical  watering.   Water
18    is  basically  in  bell  drinker  waterers.   It  is  not  --  is  a
19    non-flowing  water  system.   So  the  only  possible  leaks  might  occur
20    around  waterers  and  feeders  in  there.
21          The  company  or  the  producer  would  remove  the  litter,  which
22    is  removed  out  of  the  building  probably  on  a  one  to  two  year
23    rotation.   The  brooder  barns  are  probably  cleaned  out  after  every
24    brood,  but  in  the  grow-out  barn  they  are  cleaned  out  about  every
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1    two  years.   So  it  is  a  dry  handling  manure  storage  facility  with
2    the  turkeys  in  there,  toms  being  raised,  you  know,  16  to  18  weeks
3    and  hens  about  14  weeks.   And  the  producer  initially  puts  in
4    about  12  inches  of  pine  shavings  to  start  a  flock  and  then  puts
5    the  birds  in  until  they  are  either  moved  or  marketed.
6          CHAIRMAN  MANNING:   Where  is  the  waste  going  on  a  daily
7    basis?   I  guess  I  don't  understand  that.
8          MR.  KOELKEBECK:   On  a  daily  basis  it  sits  inside  the  house.
9    Basically  it  is  on  a  litter  floor  and  then  a  compaction  of  the
10    pine  shavings,  which  absorbs  the  moisture  of  the  feces,  it  sits
11    inside  the  house  until  the  turkeys  are  either  moved  out  or  moved
12    to  the  processing  plant.
13          CHAIRMAN  MANNING:   So  that  what  causes  the  compaction  that
14    you  talked  about?   When  you  are  talking  about  the  compaction,  you
15    use  --  I  think  you  called  almost  like  glass?
16          MR.  KOELKEBECK:    Yes.   Well,  basically  --
17          CHAIRMAN  MANNING:   That  is  a  compaction  from  the  litter?
18          MR.  KOELKEBECK:   It  is  compaction  from  the  turkeys  walking
19    on  it  when  there  are  20,000  turkeys  in  the  building.   It  is  the
20    litter  and  the  turkeys  themselves  over  time.
21          MR.  NALLY:   I  could  better  describe  that  when  I  come  up.
22          CHAIRMAN  MANNING:   Okay.   Thank  you.
23          MR.  KOELKEBECK:   Yes.
24          CHAIRMAN  MANNING:   Were  any  of  these  facilities  in  a  karst
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1    area  that  is  being  described  now,  in  the  regulations  that  we  are
2    dealing  with,  karst  areas?   I  assume  none  of  them  are,  that  you
3    studied?
4          MR.  KOELKEBECK:   I  don't  know  that  answer.
5          CHAIRMAN  MANNING:   Okay.
6          BOARD  MEMBER  GIRARD:   I  have  a  follow-up  question.
7          HEARING  OFFICER  SUDMAN:   Yes.
8          BOARD  MEMBER  GIRARD:   When  you  move  the  turkeys  out  and
9    then  you  clean  out  the  shavings  and  the  feces  what  happens  to
10    that?
11          MR.  KOELKEBECK:   To  my  knowledge  the  producer  will  store
12    the  shavings  and  feces  in  a  storage  area  outside  the  building,
13    and  then  possibly  then  spread  it  on  his  own  land  through  a  manure
14    spreader.
15          BOARD  MEMBER  GIRARD:   Okay.   Thank  you.
16          MR.  KOELKEBECK:   In  the  dry  format,  in  the  litter  format.
17          BOARD  MEMBER  GIRARD:   So  these  shavings  would  be  out  in  the
18    open?   Are  you,  in  your  testimony  --  first  of  all,  are  you  going
19    to  submit  copies  of  these  studies,  I  mean  in  your  comments?
20          MR.  KOELKEBECK:    Yes,  sir,  I  am.
21          BOARD  MEMBER  GIRARD:   Thank  you.   Are  you  going  to  suggest
22    that  maybe  we  would  need  different  requirements  if,  say,  you  have
23    got  a  flooring  under  a  covered  structure  like  a  brooding  house  as
24    opposed  to  say  an  outside  structure  which  holds  say  shavings  and
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1    feces,  which  is  exposed  to  the  elements?
2          MR.  KOELKEBECK:   Yes,  sir.
3          BOARD  MEMBER  GIRARD:   And  that  will  be  in  your  comments
4    also?
5          MR.  KOELKEBECK:   Yes.
6          BOARD  MEMBER  GIRARD:   Thank  you.
7          HEARING  OFFICER  SUDMAN:   Okay.   Thank  you  very  much.
8          MR.  KOELKEBECK:   Thank  you.
9          CHAIRMAN  MANNING:   The  Department  has  a  question.
10          HEARING  OFFICER  SUDMAN:   Oh,  the  Department.   I  am  sorry.
11          MR.  GOETSCH:   I  just  wanted  to  ask  --
12          CHAIRMAN  MANNING:   Would  you  identify  yourself,  Warren,
13    again?
14          MR.  GOETSCH:   I  am  sorry.   My  name  is  Warren  Goetsch.   I  am
15    with  the  Illinois  Department  of  Agriculture.   I  just  wanted  to
16    ask,  the  results  of  your  study  suggested  that  the  hydraulic
17    conductivity  in  the  existing  barns  was  or  would  meet  the
18    requirement  that  we  are  proposing,  the  one  times  ten  to  the  minus
19    seventh;  is  that  correct?
20          MR.  KOELKEBECK:   In  our  particular  study  we  had  samples
21    that  did  not  --  we  had  a  number  of  samples,  I  guess,  in  the  lab
22    analysis,  that  did  not  allow  water  to  go  through  at  all.   But  the
23    average  of  all  of  the  samples  taken  together  and  analyzed
24    statistically  was  higher  on  the  inside  samples  versus  the
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1    outside.   But  they  were  like  ten  to  the  minus  sixth,  and  that
2    will  be  in  the  written  report  submitted.
3          MR.  GOETSCH:   Okay.   So  then  your  point  is  our  requirement
4    of  one  times  ten  to  the  minus  seventh  is  not  achievable  or  is
5    achievable  based  on  the  sites  that  you  looked  at?
6          MR.  KOELKEBECK:   It  is  achievable  by  a  certain  number  of
7    samples,  but  on  the  average  it  was  not  achievable.
8          MR.  GOETSCH:   Okay.   Thank  you.
9          HEARING  OFFICER  SUDMAN:   Are  there  any  more  questions
10    before  the  witness  steps  down?   Okay.   Thank  you  very  much.
11          MR.  KOELKEBECK:   Thank  you.
12          HEARING  OFFICER  SUDMAN:   I  know  we  have  one  person  who
13    stills  wants  to  testify.
14          Would  you  please  raise  your  hand  if  you  would  still  like  to
15    testify  today?   Okay.   I  got  you.
16          Is  there  anybody  else  here  planning  to  testify  today?
17    Okay.   Well,  it  looks  like  we  only  have  one  more  witness.   If  you
18    would  like  to  come  on  up.
19          MR.  NALLY:   My  name  is  a  Scott  Nally.   I  am  the  integrator
20    that  he  was  discussing  with.
21          THE  COURT  REPORTER:   Could  you  state  your  last  name  again,
22    please.
23          HEARING  OFFICER  SUDMAN:   And  spell  it,  please.
24          MR.  NALLY:   It  is  Nally,  N-A-L-L-Y.
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1          HEARING  OFFICER  SUDMAN:   Thank  you.
2          MR.  NALLY:   I  signed  the  register.   Do  I  need  to  be  sworn
3    in?
4          HEARING  OFFICER  SUDMAN:   Yes,  please.
5          MR.  NALLY:   Okay.
6          (Whereupon  Scott  Nally  was  sworn  by  the  Notary  Public.)
7          HEARING  OFFICER  SUDMAN:   You  are  representing  Perdue?
8          MR.  NALLY:   I  am  representing  Perdue  Farms.   I  am  the
9    integrator  that  he  spoke  about.
10          Good  morning,  Madam  Chair  and  other  panelists.   I  will  give
11    you  a  little  bit  of  my  background  first.   I  am  the  environmental
12    manager  for  Perdue.   I  have  staff  in  several  states.   Actually,
13    Perdue  Farms  is  in  nine  states  currently.   I  have  four.
14    Environmentally  we  are  very  proactive.   I  have  been  with  Perdue
15    for  eight  years.   As  far  as  facilities,  we  spend  upwards  of  six
16    or  nine  million  dollars  in  a  year  for  just  waste  disposal,  for
17    example,  at  a  slaughter  plant  through  our  waste  management
18    process.
19          We  have  been  very  active  on  the  producer  side  of  the
20    equation.   Of  course,  any  time  the  producer  tends  to  be  a  bad
21    actor,  shall  we  say,  when  the  news  media  or  someone  comes  out  on
22    site  and  takes  a  picture  of  the  facility,  of  course,  it  says
23    Perdue  right  on  one  of  the  feed  bins  or  down  one  of  the
24    buildings.   So  we  are  very  name  conscious.   We  are  a  family-owned
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1    company  based  out  of  Salisbury,  Maryland.   I  am  based  out  of
2    Indiana.   I  have  been  in  this  business  since  1982.   I  have  been
3    with  Perdue,  like  I  said,  for  about  eight  years.   It  feels  like
4    28  sometimes  when  you  are  --  my  morning  started  at  about  3:30
5    when  I  left  the  house  to  be  here  today.
6          A  little  bit  more  on  my  background  before  I  get  a  little
7    more  specific.   My  undergraduate  was  NC  State.   My  Masters  was
8    University  of  Wyoming.   I  have  a  staff  of  in  excess  of  128  people
9    that  are  environmentalists,  either  through  waste  managers,
10    through  the  waste  management  system  as  operators  or  water,
11    because  some  of  our  facilities  draw  water  from  wells.   So  I  also
12    have  people  that  are  on  staff  with  air,  stormwater,  land
13    application,  land  application  of  both  industrial  and  livestock.
14          The  issue  I  wanted  to  raise  a  little  bit  today  is  we  are
15    kind  of  the  other  guys.   I  have  heard  a  lot  of  testimony  about
16    lagoons  and  about  water  treatment  and  runon  and  runoff  control,
17    and  maybe  I  will  describe  our  buildings  a  little  bit,  which  might
18    answer  some  of  the  questions  you  had  raised.   Our  buildings  are
19    producer  family-owned  buildings  and  are  roughly  500  feet  long  by
20    about  50  feet  wide.
21          Most  farms  will  have  three  of  those  buildings  on  site.   One
22    will  be  the  initial  brooder  barn,  which  will  take  all  the  birds
23    when  they  come  in  at  one  day  old.   And  then  in  about  five  or  six
24    or  seven  weeks,  depending  on  whether  they  are  hens  or  toms,  he
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1    will  take  that  amount  and  then  split  them  half  in  one  building
2    and  half  in  the  next  one.   So  that  will  be  the  second  and  third
3    building.   It  gives  them  a  little  more  square  footage.   There  are
4    no  cages.   So  they  just  kind  of  walk  around  the  barns.
5          There  are  drinkers  hung  throughout  the  buildings.   There
6    are  food  systems  hung  throughout  the  buildings.   The  buildings
7    are  in  this  case  normally  built  on  earthen  floors.   On  the
8    earthen  floor  will  be  a  bedding  material,  whether  it  is  litter
9    shavings  or  rice  hulls,  it  is  something  that  is  soft.
10          Another  issue  that  was  not  brought  out  during  Ken's
11    discussion  was  that  the  pads  of  the  birds  are  very  tender,  and  if
12    you  were  to  put  them  on  concrete  and  if  they  scratched  down
13    through  and  were  standing  on  or  if  they  scratched  down  through
14    the  litter  and  stood  on  concrete  there  are  several  different
15    infections  than  can  be  given  through  the  pad  that  you  normally
16    would  not  even  find  on  hard  ground.   We  have  all  stood  on
17    concrete  all  day.   There  is  a  difference  between  standing  on
18    concrete  all  day  and  going  out  and  standing  in  your  backyard,
19    even  if  your  backyard  is  still  hard.   So  there  is  that  issue  of
20    tenderness  on  the  feet.
21          More  on  the  buildings,  the  brooder  facilities  are  what  we
22    call  decaked,  which  means  that  the  litter  is  --  there  is  a
23    machine  that  goes  through  that  is  on  a  vibrating  sieve  on  an
24    angled  incline.   The  litter  goes  up  that  incline  and  it  is  shaken
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1    like  a  screen.   The  manure  is  stuck  together  with  the  litter
2    material,  the  cake.   The  cake  goes  up  the  ramp  and  into  a  hopper.
3          So  we  will  periodically  decake  a  facility  where  we  won't
4    have  necessarily  an  entire  clean  out,  where  the  house  that  has
5    the  small  birds,  because  of  their  susceptibility  to  diseases,  we
6    clean  those  out  every  time,  where  the  grower  building  might  be
7    cleaned  out  after  a  time  that  is  diminishing  return  and  that
8    litter  just  is  a  little  damper  than  what  you  want  it  to  be.
9    Dampness  in  this  case,  especially  with  86  degree  air,  and  the
10    houses  are  ventilated,  you  would  have  some  ammonia.
11          So  it  is  not  in  the  best  interest  of  the  producers  to  have
12    the  litter  get  too  awfully  wet  and  not  clean  out  on  a  frequent
13    basis,  because  then  you  get  ammonia  production,  and  then  the
14    birds  end  up  passing  away  from  high  levels  of  ammonia,  which,  we,
15    obviously,  as  the  integrator,  we  pay  them  for  the  pounds,  so  we
16    need  to  keep  the  production  plants  at  optimal  efficiencies.   We
17    would  like  to  see  them  get  as  many  pounds  as  efficiently  through
18    those  buildings  as  possible.   So  it  is  not  to  our  best  interest
19    to  have  them  keep  litter  three  or  four,  five  or  seven,  or  nine
20    years.   The  litter,  to  give  you  some  dollars,  are  roughly  around
21    $1,200.00  or  $1,300.00  a  building  every  time  they  go  in  and
22    change  out  a  complete  litter.
23          Concrete  --  these  facilities,  because  of  the  --  well,  even
24    actually  when  the  market  was  in  good  shape  --  I  guess  I  will
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1    speak  a  little  out  of  turn  here.   The  integrator  is  not  the  one
2    that  is  making  the  money  hand  over  fist,  unlike  what  the  press
3    says  sometimes.   Our  markets  are  very  tight.   We  measure  market
4    at  our  processing  plant  over  in  Washington  and  the  one  in
5    Bridgewater,  Cromwell,  Kentucky;  Monterey,  Tennessee,  which  are
6    the  ones  that  I  can  speak  for,  because  I  am  on  the  management
7    committee,  we  will  measure  our  profit  margin  in  a  quarter  --  in  a
8    quarter  of  a  cent  per  pound.   And  we  take  it  all  the  way  down  to
9    the  fourth  decimal  place  when  we  are  at  our  meetings.   So  our
10    market  margin  is  very  tight.
11          The  only  thing  that  is  keeping  a  lot  of  us  in  business
12    currently  is  corn  happens  to  be  also  very  cheap,  so  when  one  of
13    your  inputs  is  --  and  in  this  case  72  percent  of  one  of  your
14    inputs  is  at  a  $1.90s  for  next  year's  upcoming  harvest,  it  can
15    help  offset  the  depressed  market.   We  transfer  that  or  we  carry
16    that  over  in  contracts,  which  are  long-term  contracts  to  protect
17    these  family  farms.   The  longer  for  them  the  better  off  it  is  to
18    carry  the  note.
19          Most  banks  will  allow  these  people,  because  of
20    depreciation,  to  carry  notes  between  10  and  12  years.   So  it  is
21    to  our  best  interest  to  have  them  build  the  best  structure  they
22    can,  yet  still  be  able  to  cash  flow  it.   Because  if  they  can't
23    make  an  income  to  survive  at  the  end  of  the  year,  that  facility
24    will  be  absorbed  by  the  bank,  and  then  it  is  hard  to  move  an
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1    existing  facility.
2          So  what  we  try  to  do  is  we  even  provide  contractors  to  help
3    them  build  it.   We  provide  them  blueprints  to  help  them  design
4    it.   We  save  the  PE  requirements  that  this  gentleman  incurs,
5    because  that  would  throw  it  --  the  margin  is  so  tight  that  it
6    throws  it  just  above  the  cost  of  not  being  able  to  cash  flow.   So
7    the  addition  of  concrete  floors  in  this  case  would  add  between  21
8    and  29  percent  to  the  cost  of  the  building,  which  would
9    definitely  put  it  over  the  cash  flow  option.
10          So  that  unless  Perdue,  being  the  integrator,  would  be  the
11    bank  and  provide  the  loan,  which  that  is  not  normally  our
12    business,  these  people  would  not  be  able  to  go  down  to  their
13    local  lenders  and  be  able  to  get  a  loan  without  having  a
14    substantial  amount  of  cash  up  front  to  put  down  as  collateral.
15    They  just  can't  cash  flow  it.
16          The  issue  that  Ken  had  talked  about  --  and  I  saw  an  eyebrow
17    raise  on  the  panel  --  that  there  is  some  concrete  in  our
18    structure.   It  is  called  a  rope  barrier.   We  don't  use  it  to
19    support  anything.   The  panels  that  it  sits  on  are  about  ten  feet
20    long  by  about  seven  or  eight  feet.   They  are  about  18  pounds  a
21    square.   So  what  we  do  is  we  have  a  small  concrete  curb,  for  a
22    better  term,  it  is  a  curb.   It  goes  below  the  ground  so  the
23    rodents  won't  bury  under  it,  and  it  sits  sufficiently  above  the
24    ground  so  that  you  can  put  your  bait  stations  on  the  outside  and
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1    keep  the  weeds  trimmed  around  it,  which  is  one  of  our  good
2    management  practices  that  we  ask  our  producers  --  or  we  promote
3    to  the  producers.   So  it  is  not  any  structural  support.
4          The  structural  support  is  actually  piers  that  are  pulled
5    down  that  are  then  set  in  the  ground  three  or  four  feet  and  then
6    the  four  by  four  posts  that  sit  on  that,  which  is  all  metal  and
7    up  into  a  truss  system  and  the  trusses  are  interlocked.   So  the
8    panels  actually  carry  no  structure.   There  is  no  structural
9    reason  for  them.   It  is  just  for  --  I  guess  that  clarifies  that.
10          What  I  would  recommend  --  and  then  I  will  close  here  so
11    that  everybody  can  go  to  lunch  --  is  that  we  further  clarify  the
12    difference  between  solid,  or  in  their  case  semi-solid,  and
13    liquid.   I  think  we  are  talking  about  two  different  beasts  here.
14    I  think  when  you  walk  up  to  poultry  manure,  especially  turkey,
15    broiler  is  a  little  wetter,  and  layers  is  even  a  little  wetter
16    than  that,  unless  they  are  fan  ventilated  to  dry.
17          If  you  were  to  take  a  handful  of  turkey  manure,  with  the
18    bedding  material  in  it,  you  would  be  very  hard  pressed  to  squeeze
19    out  any  free  liquid.   We  are  talking  about  something  that  is
20    around  40,  45  percent  solid  material,  60,  65  percent  moisture.
21    That  is  about  the  same  thing  as  if  you  were  to  pick  up  hamburger
22    at  the  grocery  store  for  solids  and  try  to  squeeze  moisture  out
23    of  the  hamburger.   It  would  be  very  difficult  to  do  that.   So
24    there  is  not  really  any  free  liquid  in  it.
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1          At  this  point  I  will  entertain  any  questions  from  the
2    audience  or  the  panel.
3          HEARING  OFFICER  SUDMAN:   Thank  you.
4          CHAIRMAN  MANNING:   I  didn't  understand  your  last  comment.
5    You  said  it  has  60  percent  moisture?
6          MR.  NALLY:   Yes,  but  it  is  not  free  moisture.   It  is  not
7    something  that  would  drip.   It  is  45  percent  solid.
8          CHAIRMAN  MANNING:   Because  I  know  if  I  squeezed  a  hamburger
9    something  would  come  out.   It  would  probably  not  be  water.   It
10    would  probably  be  grease,  depending  on  the  --
11          MR.  NALLY:   A  little  bit.   But  that  kind  of  tissue
12    capacity.
13          CHAIRMAN  MANNING:   Okay.
14          MR.  NALLY:   The  reason  I  say  that  is  we  have  some  belt
15    filter  presses  at  some  of  our  wastewater  plants,  and  we  have  to
16    pass  paint  filter  tests  on  occasion  with  that.   We  achieve
17    anywhere  between  35  and  45  percent  solid,  and  we  pass  paint
18    filter  tests.
19          CHAIRMAN  MANNING:   What  is  a  paint  filter  test?
20          MR.  NALLY:   A  paint  filter  test  is  a  test  required  to  get
21    into  a  Subtitle  D  landfill.   It  is  a  no  drip  test.   I  am  not  sure
22    if  Illinois  has  it  anymore.   I  know  several  of  the  states  that  we
23    are  in  that  if  we  want  to  landfill  some  waste  product  material,
24    it  has  to  pass  the  paint  filter  test  for  a  Subtitle  D  landfill.
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1          BOARD  MEMBER  KEZELIS:   Can  you  give  similar  solid  liquid
2    figures  for  broilers  and  layers  or  rough  approximations?
3          MR.  NALLY:   Off  the  top  of  my  head,  no.   Purdue  University,
4    which  is  where  I  started  my  Ph.D.  program,  they  have  some  very
5    good  publications  on  that,  in  which  they  give  the  curve,  even
6    including  NPK  on  it  and  moistures.   In  general  it  depends  on  the
7    waste  management  structure.   Turkeys  tend  to  be  dryer  because  of
8    the  bedding  material.   Broilers  tend  to  be  a  little  wetter,  and
9    it  is  the  diet.   The  birds  are  not  held  in  there  as  long,  but
10    there  is  a  lot  of  cycles  of  birds,  you  know,  we  are  talking  a
11    five  week  cycle.
12          Their  diet  tends  to  be  a  different  protein  base.   That
13    tends  to  make  a  little  wetter  --  birds  don't  urinate  like  you  and
14    I  would  think  they  urinate.   They  defecate.   It  is  kind  of  a
15    mixture  of  the  two.   And  the  broilers,  that  material  tends  to  be
16    a  little  more  moist.   And  then  layers  is  even  the  next  step  more
17    because  of  the  very  high  protein,  high  calcium  diets  for  egg,
18    that  they  tend  to  be  a  little  more  wetter  yet.   You  are  probably
19    talking,  and  I  am  guessing  at  this  point,  between  five  and  six
20    points  as  you  go  down  the  scale.
21          BOARD  MEMBER  KEZELIS:   And  the  NPK,  which  you  referred  to,
22    is  nitrogen,  potassium,  phosphorus?
23          MR.  NALLY:   Yes,  ma'am.
24          BOARD  MEMBER  KEZELIS:   Okay.   Thank  you,  Mr.  Nally.
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1          MR.  RAO:   I  have  a  question.
2          MR.  NALLY:   Yes.
3          MR.  RAO:   You  gave  some  cost  figures  for  placing  the
4    concrete  floor.   Have  you  considered  any  other  material  like,  you
5    know,  compacting  the  existing  material  to  see  how  much  that  would
6    cost?
7          MR.  NALLY:   Yes.   We  just  did  one  using  a  synthetic
8    material.   In  this  case  it  was  not  a  liner.   It  was  betamide
9    clay,  where  we  went  in  and  put  several  hundred  pounds  per  cubic
10    yard  of  soil  and  then  tried  to  till  it  in  and  compacted  it.   We
11    did  achieve  the  right  compaction.   I  would  not  recommend  that  for
12    anybody  that  has  any  practicality  I  experienced.   That  was  a
13    dusty,  nasty  mess.   Trying  to  achieve  compaction  through  it  was
14    like  trying  to  run  your  thumb  down  through  jello  and  squeeze  it
15    through.   The  jello  just  kind  of  moved  around  it.   We  didn't  seem
16    to  achieve  what  we  wanted  to.
17          Cost-wise,  that  was  $3,800.00,  plus  labor.   I  threw  all  the
18    labor  in  because  I  had  several  of  my  construction  staff  out  there
19    doing  it.   We  have  a  construction  group  that  actually  works  for
20    Perdue.   I  did  not  charge  the  producer  labor  on  that.   If  you
21    would  have  added  labor  it  would  have  been  about  $5,200.00,  which
22    in  my  mind  was  a  waste  of  money.
23          MR.  RAO:   What  about  flexible  membrane  liners?
24          MR.  NALLY:   I  have  not  used  any  in  the  State  of  Illinois.
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1    This  happened  to  be  a  project  in  the  State  of  Illinois,  by  the
2    way.   I  have  not  used  any  liners  in  the  State  of  Illinois.   I
3    have  used  liners  at  some  test  trials  in  Indiana.   Depending  on
4    what  you  put  over  the  top  of  the  liner  --  I  don't  have  any
5    current  costs.   The  projects  that  we  did  are  in  excess  of  five
6    years  ago.   I  could  probably  get  those  and  I  can  extrapolate
7    maybe  some  current,  and  I  can  submit  written,  if  need  be.
8          MR.  RAO:   Yeah.
9          MR.  NALLY:   No  problem.
10          CHAIRMAN  MANNING:   Whatever  you  want  to  do  to  add  to  your
11    testimony  to  give  us  more  specifics  would  be  helpful.
12          MR.  NALLY:   Okay.   I  could  try  to  address  that  and  I  could
13    actually  put  some  actual  moisture  numbers  together  for  you.
14          MR.  RAO:   Thank  you.
15          HEARING  OFFICER  SUDMAN:   Thank  you.   The  Department?   Would
16    you  please  identify  yourself  again?
17          MR.  GOETSCH:   Warren  Goetsch,  the  Department  of
18    Agriculture.
19          MR.  NALLY:   Yes.
20          MR.  GOETSCH:   This  may  not  be  a  fair  question,  but  I  would
21    like  to  ask  it  anyway.
22          (Laughter.)
23          MR.  NALLY:   That  figures,  doesn't  it.
24          (Laughter.)
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1          MR.  GOETSCH:   In  the  proposal  we  reference  deep  bedding
2    systems  in  the  swine  industry,  hoop  structures,  as  they  are
3    called,  are  being  used,  which  is  a  similar  approach.   I  just
4    wanted  to  ask  whether  you  have  the  opinion  --  or  if  you  are  of
5    the  opinion  that  those  types  of  structures  should  also  not  have
6    any  kind  of  hydraulic  conductivity  requirement  associated  with
7    them  as  well?
8          MR.  NALLY:   That's  a  very  good  question,  and  actually  I
9    will  answer  that.   We  have  been  working  diligently  with  NRCS  in
10    Indiana  and  also  with  our  local  DC,  which  is  District
11    Conservationists,  and  we  have  actually  taken  the  blueprints  of
12    waste  handling  structures  from  several  of  our  neighboring  states,
13    and  it  is  kind  of  what  works  and  what  doesn't  and  let's  piecemeal
14    something  together  that  does  work.   We  have  come  up  with  a  very
15    good  design.   And  on  the  hoop  design  that  you  have  mentioned  we
16    are  actually  opposed  to  that  design.   There  are  some  issues  with
17    structural  wall  integrity  and  the  bowing  of  the  wall  and  even
18    requiring  --  then  it  gets  into  the  cost  issue  of  how  deep  to  go
19    with  footers  and  all  of  that.
20          The  design  that  we  have  come  up  with  for  the  handling  the
21    manure  or  the  litter  combination  that  you  had  mentioned,  we  do
22    pull  it  out  of  the  buildings,  and  what  do  you  do  with  it  when  the
23    fields  are  not  ready.   Well,  obviously  two  or  three  --  I  mean,  if
24    they  are  going  to  haul  out  four  times  a  year,  two  times  of  the
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1    year  it  is  not  very  good  to  get  on  the  field.   So  we  do  need
2    something  to  hold  that.
3          Do  we  need  to  have  one  times  ten  to  the  minus  seventh
4    centimeter  per  second  squared?   No.   Do  I  think  we  even  need  it
5    inside  the  buildings?   No.   That  was  the  reason  for  what  we  had
6    done  with  the  University  of  Illinois  is,  you  know,  what  are  we
7    tying  to  achieve  here.
8          Obviously,  as  environmental  manager,  I  am  environmental
9    first  and  manager  second.   So  the  question  was,  well,  we  are
10    trying  to  protect  something,  and  since  my  buildings  are
11    completely  enclosed  and  don't  come  in  contact  with  stormwater,  so
12    stormwater  is  not  what  I  am  protecting.   And  since  there  is  not
13    much  air  emission  from  it,  air  is  not  what  I  am  protecting.   So
14    it  is  groundwater.
15          Then  the  question  we  asked  ourselves  is,  well,  what  kind  of
16    damage  are  we  doing  to  groundwater  or  are  we?   So  that's  when  we
17    contracted  with  the  University  of  Illinois  to  determine  if  there
18    was  any  leaching  and,  if  so,  to  what  depth  so  we  would  need  to
19    know  then  what  kind  of  conscious  management  decisions  we  could
20    recommend  to  these  family-owned  producers.   At  this  point  I  am
21    not  sold  that  we  need  ten  to  the  minus  seventh  in  a  barn,  let
22    alone  one  of  the  handling  facilities  outside.   That  was  kind  of  a
23    long  answer.
24          MR.  GOETSCH:   Thank  you.
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1          HEARING  OFFICER  SUDMAN:   Any  other  questions  for  the
2    witness?
3          BOARD  MEMBER  GIRARD:   Yes.   Just  a  follow-up.   Those
4    outside  storage  structures,  are  they  protected  from  the  elements
5    also  or  do  they  tend  to  just  be  out  in  an  open  area?
6          MR.  NALLY:   No,  they  are.   Through  cost  share  NRCS  has  been
7    very  helpful  with  helping  us  with  the  design  specs  on  those.
8    What  they  are,  are  a  roof  structure  with  some  berm  material  to
9    keep  from  runon  and  runoff  on  it.   And  then  there  is  a  wood  wall
10    that  --  once  again,  there  is  no  flowing  of  this  material.   It  is
11    bedded  material  with  a  little  bit  of  manure  mixed  in  it  with  it,
12    so  it  does  not  flow.   It  is  almost  like  a  compost,  windrow.
13          For  our  size,  I  will  give  you  some  specifics.   They  are  48
14    by  96.   What  we  consider  a  full  unit,  which  is  three  of  those  50
15    by  500s,  you  are  looking  at  cubic  feet.   So  they  will  hold  a  pile
16    of  manure  and  litter  combination  of  about  seven  or  eight  feet
17    high  inside  that  with  a  windrow  with  wood  structure  about  five
18    feet,  ten  inches  up,  and  then  open  with  --  as  that  composter
19    generates  gases,  so  we  are  concerned  with  safety.   So  that's  why
20    they  are  open  from  the  top.   Do  they  come  in  contact  with  the
21    elements?   Not  unless  it  is  raining  horizontally,  which  that  has
22    happened  on  occasion.   But,  once  again,  it  is  not  liquid  so  it
23    can  absorb  some  of  that  and  dry  it  right  back  out  through  the
24    process.
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1          BOARD  MEMBER  GIRARD:   So  basically,  then,  your  testimony  is
2    that  if  we  have  the  waste  protected  from  the  elements,  either
3    from  direct  rainfall  or  stormwater  runoff,  that  we  don't  need  to
4    have  this  strict  conductivity  standard  on  the  soil  underneath?
5          MR.  NALLY:   Correct,  correct.
6          BOARD  MEMBER  GIRARD:   Thank  you.
7          MR.  NALLY:   That's  a  summary.   For  our  type  of  waste.
8    Let's  be  specific  on  it.   I  think  you  are  going  to  have  to  be
9    specific.   And  in  Indiana,  for  example,  we  have  been  working  on
10    our  confined  feeding  rule  now  for  three  and  a  half  years.   It
11    just  went  to  the  Water  Pollution  Control  Board  for  the  third
12    reading  here  in  March.   We  had  to  look  at  several  of  the  verbiage
13    and  it  is  species  specific,  whether  it  be  horses,  or  cows,  or
14    pigs,  or  chickens,  or  turkeys,  or  whatever,  ducks.   We  had  to  be
15    specific  for  ducks.   We  have  a  duck  operation  in  the  northern
16    part  of  the  state.
17          CHAIRMAN  MANNING:   Well,  your  facilities  probably  don't  use
18    very  much  water  at  all,  then?   I  mean,  they  don't  use  water  to
19    flush  out  any  of  the  --  the  water  pretty  much  is  geared  toward
20    the  feeding  of  the  animal  and  that  --  the  drinking  of  the  animal?
21          MR.  NALLY:   That's  about  it.   We  will  use  a  grand  total
22    of  --  looking  through  our  disinfection  between  facilities,  we
23    have  a  little  mister  where  we  will  walk  through  and  disinfect
24    like  the  sides.   You  are  talking  about  200,  250  gallons  in  a
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1    20,000  square  foot  building.   I  mean,  it  is  droplets.
2          CHAIRMAN  MANNING:   That  is  daily?
3          MR.  NALLY:   No.
4          CHAIRMAN  MANNING:   250  gallons,  how  --
5          MR.  NALLY:   Between  cycles.
6          CHAIRMAN  MANNING:   And  define  a  cycle  for  us.
7          MR.  NALLY:   On  the  brooder,  five  to  seven  weeks.   At  the
8    end  of  the  cycle,  as  we  move  the  birds  over,  go  through  and  clean
9    out  the  litter  and  then  just  quickly  mist  everything  as  a
10    disinfectant  with  something  that  is  approved.
11          CHAIRMAN  MANNING:   Thank  you.
12          MR.  NALLY:   And  the  USDA  does  the  approval  on  that  one.
13          CHAIRMAN  MANNING:   Okay.   Thank  you.   Member  Lawton,  go
14    ahead.
15          BOARD  MEMBER  LAWTON:   Could  you  or  someone  on  behalf  of  the
16    interest  that  you  represent  submit  any  suggested  modifications  in
17    the  proposed  regulations  that  would  be  compatible  with  your
18    interests?
19          MR.  NALLY:   As  a  mater  of  fact,  I  can  do  that.   Since  I  was
20    one  of  the  governor  appointed  on  the  Indiana  one,  I  have  some
21    similar  verbiage.
22          BOARD  MEMBER  LAWTON:   I  think  that  would  be  helpful.
23          MR.  NALLY:   Okay.
24          BOARD  MEMBER  GIRARD:   Great.
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1          HEARING  OFFICER  SUDMAN:   Any  other  questions  for  the
2    witness?   Board  Members?   Anand?   Anybody?   Okay.   Thank  you.
3          MR.  NALLY:   Thank  you  very  much.
4          BOARD  MEMBER  GIRARD:   Thank  you.
5          CHAIRMAN  MANNING:   Thank  you.
6          HEARING  OFFICER  SUDMAN:   It  is  my  understanding  that  nobody
7    else  is  interested  in  --  oh,  we  do  have  one  more  person.
8          MR.  FRALEY:   I  have  some  written  comments  that  I  would  like
9    to  just  submit.
10          HEARING  OFFICER  SUDMAN:   Okay.
11          MR.  FRALEY:   My  name  is  Jim  Fraley.   I  am  the  manager  of
12    the  Illinois  Milk  Producers  Association.
13          HEARING  OFFICER  SUDMAN:   Thank  you.
14          CHAIRMAN  MANNING:   Thank  you.
15          MR.  FRALEY:   Thank  you.
16          HEARING  OFFICER  SUDMAN:   Okay.   The  transcript  of  this
17    hearing  should  be  available  on  the  Board's  web  site  by  May  14th.
18    We  should  have  it  around  the  11th  or  so.   Also,  you  can  get  a
19    hard  copy  from  the  clerk's  office  for  75  cents  a  page.   The  Board
20    will  accept  written  comments  until  May  14th.   We  can  extend  this
21    deadline  if  necessary.
22          I  am  sorry.   Before  we  close  out  this  hearing,  I  wanted  to
23    ask  the  Department  if  you  had  any  responses  that  you  wanted  to
24    make  to  any  of  the  testimony  that  we  heard  today,  other  than
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1    written  comments?
2          MS.  ERVIN:   No.   We  will  file  written  comments.
3          HEARING  OFFICER  SUDMAN:   You  will  file  written  comment.
4    Okay.   Thank  you.   Sorry  about  that.
5          I  just  want  to  remind  you  that  if  you  are  on  the  service
6    list  your  public  comment  should  be  served  to  other  people  on  the
7    service  list.   All  the  comments  and  the  prefiled  testimony  and
8    the  transcript  from  this  proceeding  will  all  be  available  on  the
9    Board's  web  site.
10          Are  there  any  closing  comments  from  the  Board  Members?
11          CHAIRMAN  MANNING:   I  just  wanted  to  thank  everybody  for
12    their  testimony.   Mr.  Fraley,  yours  will  be  entered  as  a  public
13    comment  and  it  will  go  --
14          HEARING  OFFICER  SUDMAN:   Yes.
15          CHAIRMAN  MANNING:   It  will  get  a  public  comment  number  by
16    our  clerk's  office.
17          I  did  want  to  thank  everybody  for  all  of  the  testimony  that
18    we  received  today.   Certainly,  at  least  it  is  my  opinion,  that
19    the  State  has  come  a  long  way  since  the  mid  1990s  when  we  first
20    started  dealing  with  the  first  original  Livestock  Management
21    Facilities  Act  and  we  had  those  rounds  of  hearings,  which  I  know
22    many  of  you  are  familiar  with.   A  lot  of  testimony  at  that  time
23    was  more  emotion  and  fear  and  that  kind  of  thing.
24          It  was  really,  I  think,  gratifying,  from  our  perspective
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1    here,  to  hear  most  of  the  testimony  today  dealing  with  technical
2    issues  and  cost  issues  and  those  kinds  of  things.   So  we
3    appreciate  all  of  the  information  that  we  received  from  everyone.
4          We  appreciate  the  proposal  from  the  Department,  the
5    comments  of  the  EPA  and  all  of  the  comments  that  we  heard  here
6    today.   We  will  take  this  back  and  do,  as  has  been  pointed  out,  a
7    rather  difficult  job,  of  sort  of  balancing  environmental
8    protection  and  looking  at  the  cost  as  well,  but  coming  up  with  a
9    rule  that  I  think  everyone  can  live  with  and  certainly  will  be
10    environmentally  protective.
11          Thank  you  all  for  all  the  good  work  you  have  done.   Please
12    be  sure  to  give  us  whatever  public  comment  you  want.
13          MS.  ERVIN:   Madam  Hearing  Officer,  just  a  clarification.
14    Did  you  state  that  the  transcript  would  not  be  available  until
15    the  day  the  public  comments  were  due?
16          HEARING  OFFICER  SUDMAN:   Well,  actually  --
17          CHAIRMAN  MANNING:   Five  days.
18          HEARING  OFFICER  SUDMAN:   What  is  that?
19          CHAIRMAN  MANNING:   We  will  do  it  in  five  days.   We  will  get
20    an  expedited  transcript.   It  will  be  available  in  five  days.
21          MS.  ERVIN:   Thank  you.   We  would  like  to  respond  to  some  of
22    the  testimony.
23          CHAIRMAN  MANNING:   Sure.
24          HEARING  OFFICER  SUDMAN:   Okay.   Sorry.
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1          MS.  ERVIN:   Thank  you.
2          HEARING  OFFICER  SUDMAN:   If  for  any  reason  there  is  a  delay
3    in  posting  it,  we  will  extend  the  written  comment  deadline.   And
4    if  we  do  that,  I  will  issue  a  Hearing  Officer  Order  on  that.
5          Are  there  any  other  questions  or  comments  before  we
6    adjourn?
7          Okay.   We  will  adjourn.   Thank  you  very  much.
8          CHAIRMAN  MANNING:   Thank  you  all.
9          (Exhibits  were  retained  by  Hearing  Officer  Carol  Sudman.)
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1    STATE  OF  ILLINOIS    )
)
 SS
2    COUNTY  OF  MONTGOMERY)
3                         C E R T I F I C A T E
4
5          I,  DARLENE  M.  NIEMEYER,  a  Notary  Public  in  and  for  the
6    County  of  Montgomery,  State  of  Illinois,  DO  HEREBY  CERTIFY  that
7    the  foregoing  87  pages  comprise  a  true,  complete  and  correct
8    transcript  of  the  proceedings  held  on  the  30th  of  April  A.D.,
9    2001,  at  600  South  Second  Street,  Room  403,  Springfield,
10    Illinois,  In  the  Matter  of:  Amendments  to  Livestock  Waste
11    Regulations  (35  Illinois  Administrative  Code  506),  in  proceedings
12    held  before  Hearing  Officer  Carol  Sudman,  and  recorded  in  machine
13    shorthand  by  me.
14          IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand  and  affixed
15    my  Notarial  Seal  this  2nd  day  of  May  A.D.,  2001.
16
17
18                      Notary  Public  and
Certified  Shorthand  Reporter  and
 19                      Registered  Professional  Reporter
20    CSR  License  No.  084-003677
My  Commission  Expires:  03-02-2003
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