TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE E: AGRICULTURE RELATED POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

 

PART 506

LIVESTOCK WASTE REGULATIONS

 

SUBPART A: GENERAL PROVISIONS

 

Section

506.101 Applicability

506.102 Severability

506.103 Definitions

506.104 Incorporations by Reference

506.105 Recordkeeping (Repealed)

506.106 Alternatives, Modifications and Waivers

 

SUBPART B: STANDARDS FOR THE DESIGN AND CONSTRUCTION OF LIVESTOCK

WASTE LAGOONS

 

Section

506.201 Applicability

506.202 Site Investigation

506.203 Registration (Repealed)

506.204 Lagoon Design Standards

506.205 Liner Standards

506.206 Groundwater Monitoring

506.207 Construction in a Karst Area

506.208 Construction in a Flood Fringe Area

506.209 Lagoon Closure and Ownership Transfer (Repealed)

506.210 Secondary Containment

 

SUBPART C: STANDARDS FOR THE DESIGN AND CONSTRUCTION OF LIVESTOCK

WASTE HANDLING FACILITIES OTHER THAN LAGOONS

 

Section

506.301 Applicability

506.302 Site Investigation

506.303 Non-lagoon Livestock Waste Storage Volume Requirements

506.304 General Design and Construction Standards

506.305 Additional Concrete Design and Construction Standards

506.306 Additional Metal Design and Construction Standards

506.307 Additional Earthen Material Design and Construction Standards

506.308 Additional Synthetic Material Design and Construction Standards

506.309 Additional Wooden Material Design and Construction Standards

506.310 Additional Design and Construction Standards for Construction in an Area with

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Shallow Aquifer Material

506.311 Additional Design and Construction Standards for Construction in a Flood Fringe

Area

506.312 Additional Design and Construction Standards for Construction in a Karst Area

506.313 Plan Updates (Repealed)

506.314 Penalties (Repealed)

 

SUBPART D: CERTIFIED LIVESTOCK MANAGER

 

Section

506.401 Applicability (Repealed)

 

SUBPART E: PENALTIES

 

Section

506.501 General (Repealed)

 

SUBPART F: FINANCIAL RESPONSIBILITY

 

Section

506.601 Scope, Applicability, and Definitions (Repealed)

506.602 Mechanisms for Providing Evidence of Financial Responsibility (Repealed)

506.603 Level of Surety (Repealed)

506.604 Upgrading Surety Instrument (Repealed)

506.605 Release of Lagoon Owner and Financial Institution (Repealed)

506.606 Financial Responsibility Proceeds (Repealed)

506.607 Use of Multiple Surety Instruments (Repealed)

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

506.610 Commercial or Private Insurance (Repealed)

506.611 Guarantee (Repealed)

506.612 Surety Bond (Repealed)

506.613 Letter of Credit (Repealed)

506.614 Certificate of Deposit or Designated Savings Account (Repealed)

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

506.620 Penalties (Repealed)

 

SUBPART G: SETBACKS

 

Section

506.701 Applicability (Repealed)

506.702 Procedures (Repealed)

506.703 Initial Determination of Setbacks (Repealed)

506.704 Penalties (Repealed)

 

APPENDIX A Surety Instruments (Repealed)

ILLUSTRATION A Surety Bond (Repealed)

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ILLUSTRATION B Irrevocable Standby Letter of Credit (Repealed)

 

AUTHORITY: Authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/27]

and Section 55 of the Livestock Management Facilities Act and implementing the Livestock

Management Facilities Act [510 ILCS 77].

 

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

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

Reg. 14883, effective November 15, 2001.

 

SUBPART A: GENERAL PROVISIONS

 

Section 506.101 Applicability

 

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

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

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

Waste Handling Facilities Other Than Lagoons, is set forth at Section 506.301 of this Part.

 

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

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

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

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

at 8 Ill. Adm. Code 900.

 

(Source: Amended at 25 Ill. Reg. 14883, effective November 15, 2001)

 

Section 506.102 Severability

 

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

adjudged invalid, such adjudication does not affect the validity of this Part as a whole or of any

portion not adjudged invalid.

 

Section 506.103 Definitions

 

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

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

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

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

shall have the following meanings:

 

“Animal Feeding Operation” means a feeding operation as defined in the Illinois

Environmental Protection Act and the rules promulgated under that Act concerning

agriculture related pollution

. [510 ILCS 77/10.7]

 

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“Animal Unit” means a unit of measurement for any animal feeding operation

calculated as follows:

 

Brood cows and slaughter and feeder cattle multiplied by 1.0.

 

Milking dairy cows multiplied by 1.4.

 

Young dairy stock multiplied by 0.6.

 

Swine weighing over 55 pounds multiplied by 0.4.

 

Swine weighing under 55 pounds multiplied by 0.03.

 

Sheep, lambs, or goats multiplied by 0.1.

 

Horses multiplied by 2.0.

 

Turkeys multiplied by 0.02.

 

Laying hens or broilers multiplied by 0.005.

 

Laying hens or broilers multiplied by 0.01 (if the facility has continuous overflow

watering).

 

Laying hens or broilers multiplied by 0.03 (if the facility has a liquid manure

handling system).

 

Ducks multiplied by 0.02.

[510 ILCS 77/10.10]

 

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

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

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

determined by the Department with guidance from the University of Illinois

Cooperative Extension Service.

 

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

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

defined in this Section, such that there is at least two feet or more present within any five

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

of this Part.

 

“Department” means the Illinois Department of Agriculture.

[510 ILCS 77/10.20]

.

  

 

“Filter Strip” means a strip or area of vegetation for removing sediment, organic material,

organisms, nutrients, and chemicals from runoff or wastewater. A filter strip must be

sized to process the amount of material expected to be released from the lagoon.

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

 

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

at or below the 100-year frequency flood elevation.

 

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

Will, means

the channel and that portion of the floodplain adjacent to a stream or

watercourse

as designated by the Illinois Department of Natural Resources pursuant to

Section 18g of the Rivers, Lakes, and Streams Act [615 ILCS 5/18g],

which is needed to

store and convey the

anticipated future 100-

year frequency flood discharge

with no more

than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no

more than a 10% increase in velocities. [615 ILCS 5/18g(d)(1)] For the remaining 96

counties, “floodway” means the channel of a river, lake or stream and that portion of the

adjacent land area that is needed to safely store and convey flood waters. Where

floodways have been delineated for regulatory purposes, the mapped lines show the

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

estimated, using hydrologic and hydraulic calculations, to preserve adequate conveyance

and storage so that stage increases for the 100-year frequency flood would not exceed 0.1

foot.

 

“Grass Waterway” means a natural or constructed waterway, usually broad and shallow

covered with erosion-resistant grasses, used to conduct surface water from or through a

cropland . A grass waterway is used to convey any lagoon release to an area or structure

where it would be contained, such as at an additional berm, or processed, such as at a

filter strip, or conveyed to another area, such as by a terrace.

 

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

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

particles larger than two millimeters in size.

 

“Karst Area” means an area with a land surface containing sinkholes, large springs,

disrupted land drainage, and underground drainage systems associated with karstified

carbonate bedrock and caves or a land surface without these features but containing a

karstified carbonate bedrock unit generally overlain by less than 60 feet of

unconsolidated materials

. [510 ILCS 77/10.24]

 

“Karstified Carbonate Bedrock” means a carbonate bedrock unit (limestone or

dolomite) that has a pronounced conduit or secondary porosity due to dissolution of the

rock along joints, fractures, or bedding plains

. [510 ILCS 77/10.26]

 

“Lagoon”

or “earthen livestock waste lagoon”

means any excavated, diked, or walled

structure or combination of structures designed for biological stabilization and storage

of livestock wastes. A lagoon does not include structures such as manufactured slurry

storage structures or pits under buildings as defined in rules under the Environmental

Protection Act concerning agriculture related pollution.

[510 ILCS 77/10.25]

 

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“Licensed Professional Engineer” means a person, corporation or partnership licensed

under the laws of the State of Illinois to practice professional engineering.

[415 ILCS

5/57.2]

 

“Licensed Professional Geologist” means an individual who is licensed under

the laws

of the State of Illinois

to engage in the practice of professional geology in Illinois.

[225

ILCS 745/15]

 

“Livestock Management Facility” means any animal feeding operation, livestock

shelter, or on-farm milking and accompanying milk-handling area. Two or more

livestock management facilities under common ownership, where the facilities are not

separated by a minimum distance of 1/4 mile, and that share a common livestock waste

handling facility shall be considered a single livestock management facility. Livestock

management

facilities

at educational institutions, livestock pasture operations,

facilities

 

where animals are housed on a temporary basis such as county and state fairs, livestock

shows, race tracks, and horse breeding and foaling farms, and market holding facilities

are not subject to the

Livestock Management Facilities Act or the requirements of this

Part

.

[510 ILCS 77/10.30]

 

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

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

 

“Livestock Waste” means livestock excreta and associated losses, bedding, wash waters,

sprinkling waters from livestock cooling, precipitation polluted by falling on or flowing

onto an animal feeding operation, and other materials polluted by livestock.

[510 ILCS

77/10.35]

 

“Livestock Waste Handling Facility” means individually or collectively those immovable

constructions or devices, except sewers, used for collecting, pumping, treating, or

disposing of livestock waste or for the recovery of by-products from the livestock waste.

Two or more livestock waste handling facilities under common ownership and where the

facilities are not separated by a minimum distance of 1/4 mile shall be considered a

single livestock waste handling facility

. [510 ILCS 77/10.40] The Livestock

Management Facilities Act and this Part do not apply to: livestock waste handling

facilities at educational institutions; livestock pasture operations; or facilities where

animals are housed on a temporary basis, such as county and State fairs, livestock shows,

race tracks, horse breeding and foaling farms, and market holding facilities.

 

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

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

woody vegetation, proper freeboard, erosion, settling of berm, berm top integrity, leaks,

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

lagoon and its berm and associated appurtenances.

 

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“Modified” means structural changes to a lagoon that increase its volumetric capacity.

  

[510 ILCS 77/10.43]

 

“New Facility” means a livestock management facility or a livestock waste handling

facility the construction or expansion of which is commenced on or after May 21, 1996

(the effective date of the Livestock Management Facilities Act). Expanding a facility

where the fixed capital cost of the new components constructed within a 2-year period

does not exceed 50% of the fixed capital cost of a comparable entirely new facility shall

not be deemed a new facility as used in the Livestock Management Facilities Act.

[510

ILCS 77/10.45] For facilities that have ceased operation on or after July 13, 1999,

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

has completed the requirements imposed under Section 13(k) of the Livestock

Management Facilities Act [510 ILCS 77/13(k)] and 8 Ill. Adm. Code 900.508

 

[510

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

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

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

for 4 consecutive months at any time within the previous 10 years shall not be considered

a new or expanded livestock management or waste handling facility.

 

“Owner or Operator” means any person who owns, leases, controls, or supervises a

livestock management facility or livestock waste-handling facility.

[510 ILCS 77/10.50]

 

“Person” means any individual, partnership, co-partnership, firm, company,

corporation, association, joint stock company, trust, estate, political subdivision, state

agency, or any other legal entity or their legal representative, agent, or assigns.

[510

ILCS 77/10.55]

 

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

facility upon the completion of construction or modification in accordance with the

requirements of this Part.

 

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

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

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

sandy loam and sandy clay loam.

 

“Seasonal high water table” means the highest level of the water table

encountered on a yearly basis, where water table is the surface on which the fluid

pressure in the soil pore space is equal to the atmospheric pressure. The location of the

water table is determined by the level at which water stands in a shallow well open along

its length and penetrating the surficial deposits just deeply enough to encounter standing

water in the bottom.

 

“Terrace” means an embankment or combination of embankment and channel

constructed across a slope to control erosion by diverting and temporarily storing surface

runoff instead of permitting it to flow uninterrupted down the slope. A terrace may be

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