TITLE 35: ENVIRONMENTAL PROTECTION

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED POLLUTION
1. CHAPTER I: POLLUTION CONTROL BOARD

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE E: AGRICULTURE RELATED POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 501

GENERAL PROVISIONS

SUBPART A: AUTHORITY AND POLICY

Section

501.101 Authority

501.102 Policy

SUBPART B: DEFINITIONS AND INCORPORATIONS

Section

501.200

Incorporations by Reference

501.201 Definitions

501.205 Act

501.210 Administrator

501.215 Air Pollution

501.220 Agency

501.225

Animal Feeding Operation

Existing Livestock Management Facility and Livestock Waste-Handling

Facility

501.246 Expansion

501.248 Farm Residence

501.250 Feedlot Runoff

Liquid Livestock Waste

501.275

Liquid Manure-Holding Tank

501.280 Livestock

501.285

Livestock Management Facility

501.290 Livestock Shelter

501.295 Livestock Waste

501.300

Livestock Waste-Handling Facility

501.305 Man-made

501.310 Man-made Ditch

501.315

Manure Storage Structure

501.317

Maximum Feasible Location

501.320 Modification

501.325 Navigable Waters

501.330

New Livestock Management Facility and New Livestock Waste-Handling

Facility

501.335 NPDES

501.340 NPDES Permit

501.342 Non-farm Residence

501.356 Populated Area

501.360 Settling Basin

501.365

Silvicultural Point Source

501.370

Standard of Performance

501.372 Supernatant

501.375

Temporary Manure Stack

501.380 Water Pollution

SUBPART C: OPERATIONAL RULES

Section

501.401 General Criteria

501.402

Location of New Livestock Management Facilities and New Livestock

Waste-Handling Facilities

501.403

Protection of Livestock Management Facilities and Livestock Waste-

Handling Facilities

501.404

Handling and Storage of Livestock Waste

501.405

Field Application of Livestock Waste

501.406

Inspections and Disease Prevention

Appendix: A

References to Previous Rules

AUTHORITY: Implementing and authorized by Sections 9, 12, 13, 21, 22 and 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 1009, 1012,

1013, 1021, 1022 and 1027).

SOURCE: Filed and effective January 1, 1978; amended at 2 Ill. Reg. 44, p. 137,

effective October 30, 1978; codified at 7 Ill. Reg. 10592; amended in R90-7 at 15 Ill.

Reg. 10075, effective July 1, 1991.

SUBPART A: AUTHORITY AND POLICY

Section 501.101 Authority

Pursuant to authority granted by Sections 9, 12, 13, 21 and 22 of the Environmental

Protection Act, which empowers the Board to designate equipment or facilities capable of

causing or contributing to air and water pollution and to set standards for the issuance of

permits for the construction, installation and operation and for the inspection of said

equipment or facilities; and to adopt regulations to promote the purpose of the Act which

prohibits the deposit of any contaminants upon the land in such a place and manner as to

create a water pollution hazard; and to set standards limiting the amounts or

concentrations of contaminants that may be discharged into the waters; and to set

standards for the disposal of any refuse and to set procedures for monitoring and

reporting contaminant discharges at their source; and which directs the Board to adopt

requirements, standards and procedures which will enable the State to implement and

participate in the National Pollutant Discharge Elimination System (NPDES) established

by the Federal Water Pollution Control Act Amendments of 1972 and 1977 also called

the Clean Water Act (CWA) (12 U.S.C. 24; 15 U.S.C. 633 and 636; 31 U.S.C. 711; 33

U.S.C. 1251 et seq.), the Board adopts the following rules and regulations.

Section 501.102 Policy

a) It is the purpose of the General Assembly in adopting the Environmental

Protection Act to restore, maintain and enhance the purity of the air and

waters of Illinois in order to protect health, welfare, property and the

quality of life. An adequate supply of healthy livestock is essential to the

well-being of Illinois citizens and the nation. They provide the daily

source of meat, milk and eggs. Their efficient, economic production must

be the concern of both producers and consumers if we are to have a

continued abundance of high quality, wholesome food and of other

livestock products at reasonable prices. The policy shall be to establish

regulations that will provide a balance between a wholesome environment

and the efficient production of adequate livestock products.

b) Livestock produce wastes which, when properly used, supply nutrients

and organic matter to soils. The mere presence of livestock waste in a

given location does not denote pollution, but may, when improperly

stored, transported or disposed of, undesirably affect the environment.

c) It is hereby determined that the construction, establishment and operation

of certain livestock management facilities and livestock waste-handling

facilities without environmental planning and safeguards or the use of

certain livestock wastes for agricultural purposes causes, threatens or

allows the discharge of contaminants into the air or waters of Illinois so as

to cause or threaten to cause pollution or to render such waters harmful to

public health, safety or welfare or to domestic, commercial, industrial,

agricultural and recreational uses or to man, livestock, wild animals, birds

or fish or other aquatic life.

d) It is hereby determined that the construction, establishment and operation

of livestock management facilities and livestock waste-handling facilities

without environmental planning and safeguards or the use of livestock

wastes for agricultural purposes causes, threatens or allows air pollution,

THE DISCHARGE OF CONTAMINANTS INTO THE AIR OF

ILLINOIS IN SUFFICIENT QUANTITIES AND OF SUCH

CHARACTERISTICS AND DURATION AS TO BE INJURIOUS TO

HUMAN, PLANT OR ANIMAL LIFE, TO HEALTH, OR TO

PROPERTY, OR TO UNREASONABLY INTERFERE WITH THE

ENJOYMENT OF LIFE OR PROPERTY

(Ill. Rev. Stat. ch. 111 1/2

par. 1003.2) It is recognized that the presence of odor is an inherent

characteristic of livestock management facilities and livestock waste-

handling facilities, and that the detection of such odor does not per se

constitute air pollution.

e) It is the purpose of this Chapter to prevent pollution of the air and waters

of Illinois caused by failure to plan with regard to proper environmental

safeguards the construction, location and operation of certain livestock

management facilities and livestock waste-handling facilities. A permit

system is established to ensure that such activities take account of

environmental considerations and to meet the requirements for federal

approval, as established by the CWA. It is also the purpose of these

regulations to prevent pollution from the numerous point and non-point

discharges, both continuous and fluctuating, which are present in certain

livestock management facilities or livestock waste-handling facilities. To

this end, procedural safeguards are required, in addition to compliance

with the CWA, NPDES filing requirements and the feedlot category of

point source effluent guidelines.

(Source: Amended at 15 Ill. Reg. 10075, effective July 1, 1991)

SUBPART B: DEFINITIONS AND INCORPORATIONS

Section 501.200 Incorporations by Reference

a) The Board incorporates the following material by reference:

ASAE. Available from American Society of Agricultural Engineers, 2950

Niles Road, St. Joseph, MI 49085-9659 (616-429-0300).

"Control of Manure Odors," ASAE EP379.1 (December 1986).

"Design of Anaerobic Lagoons for Animal Waste Management," ASAE

EP403.1 (March 1990).

b) This Section incorporates no later editions or amendments.

(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)

SUBPART B: DEFINITIONS

Section 501.201 Definitions

Except as hereinafter stated and unless a different meaning of the term is clear from its

context, the definitions of terms used in this Chapter shall be the same as those used in

the Act and 35 Ill. Adm. Code: Subtitle C, Chapter I.

Section 501.205 Act

The Illinois Environmental Protection Act.

Section 501.210 Administrator

The Administrator of the United States Environmental Protection Agency or his

designee.

Section 501.215 Air Pollution

The presence in the atmosphere of one or more contaminants in sufficient quantities and

of such characteristics and duration as to be injurious to human, plant or animal life, to

health, or to property, or to unreasonably interfere with the enjoyment of life or property.

Section 501.220 Agency

The Illinois Environmental Protection Agency.

Section 501.225 Animal Feeding Operation

a) A lot or facility (other than an aquatic animal production facility) where

the following conditions are met:

1) Animals have been, are or will be stabled or confined and fed or

maintained for a total of 45 days or more in any 12-month period,

and

2) Crops, vegetation, forage growth or post-harvest residues that are

grown in place are not sustained in the normal growing season

over any portion of the lot or facility.

b) Two or more animal feeding operations under common ownership are

deemed to be a single animal feeding operation if they are adjacent to each

other or if they utilize a common area or system for the disposal of wastes.

(Source: Added at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.230 Animal Unit

A unit of measurement for any animal feeding operation calculated by adding the

following animal numbers:

a) Brood cows and slaughter and feeder cattle multiplied by 1.0

b) Milking dairy cows multiplied by 1.4

c) Young dairy stock multiplied by 0.6

d) Swine weighing over 55 pounds multiplied by 0.4

e) Swine weighing under 55 pounds multiplied by 0.03

f) Sheep, lambs or goats multiplied by 0.1

g) Horses multiplied by 2.0

h) Turkeys multiplied by 0.02

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

overflow watering)

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

manure handling system)

k) Ducks multiplied by 0.02

(Source: Added at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.235 Board

The Illinois Pollution Control Board.

Section 501.240 Construction

Commencement of on-site fabrication, erection or installation.

Section 501.241 CWA

Federal Water Pollution Control Act (also known as the Clean Water Act), as amended,

33 U.S.C 1251 et seq., Public Law 92-500, enacted by the Congress October 18, 1972, as

amended by Public Law 95-217, enacted December 27, 1977, as amended.

Section 501.245 Existing Livestock Management Facility and Livestock Waste-

Handling Facility

Any livestock management facility and livestock waste-handling facility the construction

or modification of which has commenced prior to the effective date of this Chapter.

Section 501.246 Expansion

Commencement of construction at a livestock management facility or livestock waste-

handling facility where the fixed capital cost of the new components constructed within a

2-year period exceeds 50% of the fixed capital cost of a comparable entirely new facility.

(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.248 Farm Residence

Any residence on a farm owned or occupied by the farm owners, operators, tenants or

seasonal or year-round hired workers. For purposes of this definition, a "farm" is the

land, buildings, and machinery used in the commercial production of farm products, and

"farm products" are those plants and animals and their products which are produced or

raised for commercial purposes and include but are not limited to forages and sod crops,

grains and feed crops, dairy and dairy products, poultry and poultry products, livestock,

fruits, vegetables, flowers, seeds, grasses, trees, fish, honey and other similar products, or

any other plant, animal, or plant or animal product which supplies people with food, feed,

fiber, or fur.

(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.250 Feedlot Runoff

Polluted liquid flowing from any animal feeding operation caused by precipitation or

other water sources falling on or flowing onto an animal feeding operation.

(Source: Amended at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.255 Holding Pond

Any excavated, diked or walled structure or combination of structures designed for the

interception and temporary storage of feedlot runoff.

Section 501.260 Impermeable

Not permitting significant passage of fluids under the usual pressure differences found in

constructed livestock waste-handling facilities.

Section 501.265 Lagoon

Any excavated, diked or walled structure or combination of structures designed for

biological stabilization and storage of livestock wastes.

Section 501.270 Leachate

Waters containing materials removed from livestock waste.

Section 501.274 Liquid Livestock Waste

Livestock waste which can be spread with a conventional liquid manure spreader. This

includes pit manures, lagoon manures, holding pond or tank manures, and any other

livestock waste consisting of less than 20% solids concentration.

(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.275 Liquid Manure-Holding Tank

Any fabricated structure, with or without a cover, either formed in place or transported to

the site, used for containing liquid livestock wastes.

Section 501.280 Livestock

Farm animals kept or raised for food, profit, use or pleasure to include the species fowl,

ovine, caprine, bovine, porcine, equine and other commercially produced animals and

operations such as mink, rabbit, etc.

Section 501.285 Livestock Management Facility

Any animal feeding operation, livestock shelter or on-farm milking and accompanying

milk-handling area.

(Source: Amended at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.290 Livestock Shelter

Any covered structure, including but not limited to livestock houses or barns, in which

livestock are enclosed at any time.

Section 501.295 Livestock Waste

Livestock excreta and associated feed 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.

(Source: Amended at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.300 Livestock Waste-Handling Facility

Individually or collectively those constructions or devices, except sewers, used for

collecting, pumping, treating or disposing of livestock waste or for the recovery of by-

products from such livestock waste. Such a facility includes acceptable disposal areas,

such as pasture or other suitable agricultural land, which can serve as an adequate

filtering device to settle out and assimilate pollutants from livestock waste before the

clarified water reaches a stream or other body of surface water or groundwater.

Section 501.305 Man-made

Constructed by man and used for the purpose of transporting waste.

(Source: Added at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.310 Man-made Ditch

A discrete fissure or channel excavated in the earth for the purpose of transporting

livestock waste directly to navigable waters. This is not to be confused with a vegetative

filter or acceptable disposal area which is a treatment device and may take the form of a

man-made terrace or grass waterway system.

(Source: Added at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.315 Manure Storage Structure

Any permanent area or structure which is impermeable and is used for stacking, storing

or containment of livestock waste.

Section 501.317 Maximum Feasible Location

Any location for the establishment of a new livestock management facility or new

livestock waste-handling facility where one of the following conditions exist:

a) The site is located closer to the livestock owner's or operator's residence

than to a neighboring farm or non-farm residence or populated area; or

b) The site is adjacent to an existing livestock management facility or

livestock waste-handling facility, or is farther away from a neighboring

farm or non-farm residence or populated area than the existing livestock

management facility or livestock waste-handling facility, when the

livestock owner or operator does not reside on the farm where the

livestock are to be kept or raised; or

c) The site is accessible to roads, water and electricity and is at the farthest

location from a neighboring farm or non-farm residence or populated area;

there is no existing livestock management facility or livestock waste-

handling facility on the site, and the livestock owner or operator does not

reside on the farm where the livestock are to be kept or raised.

(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.320 Modification

Such physical change in or alteration in the method of operation of any livestock

management facility or livestock waste-handling facility which increases the amount of

livestock waste over the level authorized by the NPDES permit.

Section 501.325 Navigable Waters

All waters of the United States as defined in Criteria and Standards for the National

Pollutant Discharge Elimination System (40 CFR 125.1(p)):

a) All navigable waters of the United States;

b) Tributaries of navigable water of the United States;

c) Interstate waters;

d) Intrastate lakes, rivers and streams which are utilized by interstate

travelers for recreational or other purposes;

e) Intrastate lakes, rivers and streams from which fish or shellfish are taken

and sold in interstate commerce; and

f) Intrastate lakes, rivers and streams which are utilized for industrial

purposes by industries in interstate commerce.

(Source: Added at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.330 New Livestock Management Facility and New

Livestock Waste-Handling Facility

Any livestock management facility or livestock waste-handling facility the construction

or modification of which is commenced on or after January 1, 1978.

(Source: Amended at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.335 NPDES

The National Pollutant Discharge Elimination System for issuing, establishing conditions

for and denying permits under Section 402 of the CWA. All terms used in connection

with NPDES which have been defined in the CWA or regulations adopted thereunder

shall have the meanings specified therein, unless specifically noted otherwise.

Section 501.340 NPDES Permit

A permit issued pursuant to the NPDES.

Section 501.342 Non-farm Residence

Any residence which is not a farm residence.

(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.345 Owner or Operator

Any person who owns, leases, controls or supervises a livestock management facility or

livestock waste-handling facility.

Section 501.350 Person

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.

Section 501.355 Pollutant

Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,

munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or

discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural

waste discharged into water, as defined in CWA.

Section 501.356 Populated Area

Any area where at least ten (10) inhabited non-farm residences or at least fifty (50)

persons frequenting a common place of assembly or a non-farm business at least once per

week.

(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.360 Settling Basin

Any excavated, diked or walled structure or combination of structures designed as part of

a livestock waste-handling facility to detain feedlot runoff for a sufficient time to permit

solids to settle for later removal.

Section 501.365 Silvicultural Point Source

Any discernible, confined and discrete conveyance related to rock crushing, gravel

washing, log sorting or log storage facilities which are operated in connection with

silvicultural activities and from which pollutants are discharged into navigable waters.

(Source: Added at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.370 Standard of Performance

A standard for the control of the discharge of pollutants which reflects the greatest degree

of effluent reduction which the Administrator determines to be achievable through

application of the best available demonstrated control technology, processes, operating

methods, or other alternatives, including, where practicable, a standard permitting no

discharge of pollutants, as defined in Section 306 of CWA.

Section 501.372 Supernatant

The liquid portion of the livestock waste that overlies deposited or settled solids that are

stored in a tank or lagoon.

(Source: Added at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.375 Temporary Manure Stack

Any mound or stack resulting from the emergency or seasonal piling of livestock wastes.

Section 501.380 Water Pollution

Such alteration of the physical, thermal, chemical, biological or radioactive properties of

any waters of the State, or such discharge of any contaminant into any waters of the

State, as will or is likely to create a nuisance or render such waters harmful or detrimental

or injurious to public health, safety or welfare, or to domestic, commercial, industrial,

agricultural, recreational, or other legitimate uses, or to man, livestock, wild animals,

birds or fish or other aquatic life.

SUBPART C: OPERATIONAL RULES

Section 501.401 General Criteria

a) Besides the regulations contained within this Chapter, every person shall

also comply with provisions of the Act and Board regulations.

b) The owner or operator of any livestock management facility or livestock

waste-handling facility shall comply with the CWA, NPDES filing

requirements and the feedlot category of point source effluent guidelines.

c) These regulations shall apply to stockyards and similar operations where

animals are held briefly, as well as to conventional livestock operations.

d) The transportation of livestock wastes shall be planned and conducted so

as not to cause, threaten, or allow any violation of the Act and applicable

regulations.

(Source: Amended at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.402 Location of New Livestock Management Facilities and

New Livestock Waste-Handling Facilities

a) No new livestock management facility or new livestock waste-handling

facility shall contain within its boundaries any stream or other surface

waters except small temporary accumulations of water occurring as a

direct result of precipitation.

b) New livestock management facilities and new livestock waste-handling

facilities located within a 10-year flood height as recorded by the United

States Geological Survey or as officially estimated by the Illinois State

Water Survey shall be protected against such flood.

c) 1) Upon July 15, 1991, new or expanded livestock management

facilities and new or expanded livestock waste-handling facilities

shall not be located within 1/2 mile of a populated area or within

1/4 mile of a non-farm residence.

2) For purposes of this subsection (c), the following shall not be

considered location of a new or expanded livestock management or

waste handling facility:

A) Commencement of operations at an idle facility which has

livestock shelters left intact, and which has been operated

as a livestock management facility or livestock waste-

handling facility for four consecutive months at any time

within the ten (10) previous years;

B) Commencement of operations at a facility reconstructed

after partial or total destruction due to natural causes, i.e.,

tornado, fire, or earthquake.

3) Adequate odor control methods and technology shall be practiced

by operators of new and existing livestock management facilities

and livestock waste-handling facilities so as not to cause air

pollution.

d) The setback requirements of subsection (c) shall not apply to any livestock

management facility or livestock waste-handling facility which meets any

of the following conditions:

1) The facility is located in an Agricultural Area, designated as such

pursuant to the Agricultural Areas Conservation and Protection

Act, Ill. Rev. Stat. 1989, ch. 5, para. 1001 et seq.;

2) The facility undergoes expansion, and the owner of the facility

certifies and notifies the Agency in writing as such that the facility

was operating as a livestock management facility or livestock

waste-handling facility for at least one year prior to the existence

of any non-farm residence within 1/4 mile of the facility or of a

populated area within 1/2 mile of the facility; or

3) The use of the facility as a livestock management or livestock

waste handling facility is allowed by local zoning or municipal

ordinance. If no local zoning or municipal ordinance exists that

covers such use, the facility shall be exempt if the livestock are not

raised or kept at the facility primarily for hire or the raising or

keeping of livestock at the facility does not have financial profit as

a primary aim.

e) A new livestock management facility or new livestock waste-handling

facility which locates within 1/4 mile of a neighboring farm residence

shall locate at the maximum feasible location from such residence.

f) A new livestock management facility or new livestock waste-handling

facility which locates within 1/4 mile of a non-farm residence or within

1/2 mile of a populated area, pursuant to subsection (d), shall locate at the

maximum feasible location from such residence or populated area.

g) New livestock management facilities or new livestock waste-handling

facilities located on soil types or geological formations where the

deposition of livestock waste is likely to cause groundwater pollution shall

be constructed in such a way that pollution will be prevented, or

supplementary measures shall be adopted which will prevent pollution.

(Source: Amended at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.403 Protection of Livestock Management Facilities and

Livestock Waste-Handling Facilities

a) Existing livestock management facilities and livestock waste-handling

facilities shall have adequate diversion dikes, walls or curbs that will

prevent excessive outside surface waters from flowing through the animal

feeding operation and will direct runoff to an appropriate disposal, holding

or storage area. The diversions are required on all aforementioned

structures unless there is negligible outside surface water which can flow

through the facility or the runoff is tributary to an acceptable disposal area

or a livestock waste-handling facility. If inadequate diversions cause or

threaten to cause a violation of the Act or applicable regulations, the

Agency may require corrective measures.

b) New livestock management facilities and livestock waste-handling

facilities shall have adequate diversions, dikes, walls or curbs that will

prevent excessive outside surface runoff waters from flowing through the

animal feeding operation and will direct runoff to an appropriate disposal,

holding or storage area. The diversions are required on all aforementioned

structures unless there is negligible outside surface water which can flow

through the facility or the runoff is tributary to an acceptable disposal area

or a livestock waste-handling facility. A holding pond must be capable of

storing a volume equal to or exceeding the area of the animal feeding

operation, plus any tributary area not a part of the animal feeding

operation (including roof area if tributary to the facility), multiplied by 12

inches for runoff from earthen areas or 15 inches for runoff from concrete

areas unless the operator has justifiable reasons substantiating that a lesser

storage volume is adequate. If inadequate storage volumes cause or

threaten to cause a violation of the Act or applicable regulations, the

Agency may require corrective measures. In no case shall the storage

volume of the containment facility be less than the 25-year 24-hour storm

effluent guidelines as required by the new source performance standards

of the U.S. Environmental Protection Agency for the feedlot point source

category.

(Source: Amended at 2 Ill. Reg. 44, p. 137, effective October 30, 1978)

Section 501.404 Handling and Storage of Livestock Waste

a) Any livestock waste stored in excess of six months shall be contained in a

manure storage structure.

b) Temporary Manure Stacks

1) Temporary manure stacks shall be constructed or established and

maintained in a manner to prevent runoff and leachate from

entering surface or groundwaters.

2) No temporary manure stack shall be constructed within 100 feet of

a water well.

c) Livestock Waste-Holding Facilities

1) Liquid manure-holding tanks shall be impermeable and capable of

withstanding pressures and loadings to which such a tank may be

subjected.

2) Holding ponds and lagoons shall be impermeable or so sealed as to

prevent groundwater or surface water pollution.

3) The contents of livestock waste-handling facilities shall be kept at

levels such that there is adequate storage capacity so that an

overflow does not occur except in the case of precipitation in

excess of a 25-year 24-hour storm.

4) Liquid Livestock Waste

A) Existing livestock management facilities which handle the

waste in a liquid form shall have adequate storage capacity

in a liquid manure-holding tank, lagoon, holding pond, or

any combination thereof so as not to cause air or water

pollution as defined in the Act or applicable regulations. If

inadequate storage time causes or threatens to cause a

violation of the Act or applicable regulations, the Agency

may require that additional storage time be provided. In

such cases, interim pollution prevention measures may be

required by the Agency.

B) New livestock waste-handling facilities which handle the

waste in a liquid form shall provide a minimum of 120-day

storage with a liquid manure-holding tank, lagoon, holding

pond, or any combination thereof unless the operator has

justifiable reasons substantiating that a lesser storage

volume is adequate. If inadequate storage volumes cause

or threaten to cause a violation of the Act or applicable

regulations, the Agency may require corrective measures.

d) Runoff Field Application Systems

Any livestock management facility may construct and operate a runoff

field application system for the treatment of livestock waste from fewer

than 300 animal units, meeting the requirements of 35 Ill. Adm. Code

570, in lieu of utilizing liquid manure-holding tanks, holding ponds, or

lagoons in compliance with subsection (c), or other livestock waste-

handling systems which would assure compliance with the Act and 35 Ill.

Adm. Code.Subtitle E.

e) Subsections (a) through (d) shall not apply to livestock management

facilities with fifty (50) or fewer animal units, provided that the following

conditions exist:

1) The location of the facility relative to waters of the State is such

that there is no discharge of livestock waste into waters of the

State, in violation of Section 12 of the Act (Ill. Rev. Stat. 1989,

ch. 111 1/2, par. 1012);

2) There is no discharge of livestock waste into waters of the State by

means of a man-made ditch, flushing system or other similar man-

made device, in violation of Section 12 of the Act (Ill. Rev. Stat.

1989, ch. 111 1/2, par. 1012); and

3) The facility is managed so that livestock waste is not allowed to

accumulate to an extent which threatens to cause a discharge to

waters of the State, in violation of Section 12 of the Act (Ill. Rev.

Stat. 1989, ch. 111 1/2, par. 1012).

(Source: Amended at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.405 Field Application of Livestock Waste

a) The quantity of livestock waste applied on soils shall not exceed a

practical limit as determined by soil type, especially its permeability, the

condition (frozen or unfrozen) of the soil, the percent slope of the land,

cover mulch, proximity to surface waters and likelihood of reaching

groundwater, and other relevant considerations. These livestock waste

application guidelines will be adopted pursuant to Section 502.305, unless

otherwise provided for by Board regulations.

b) Operators of livestock waste handling facilities shall practice odor control

methods during the course of manure removal and field application so as

not to affect a neighboring farm or non-farm residence or populated area

by causing air pollution as described in Section 501.102(d). Odor control

methods include, but are not limited to,

1) Soil injection or other methods of incorporation of waste into the

soil including disking or plowing;

2) Consideration of climatic conditions including wind direction and

inversions;

3) For liquid livestock waste: whether supernatant which is used for

irrigation purposes has been stored in a livestock waste lagoon

system which is designed and operated in accordance with "Design

of Anaerobic Lagoons for Animal Waste Management", as

incorporated by reference at Section 501.200.

4) Other methods as described in "Control of Manure Odors", as

incorporated by reference at Section 501.200.

(Source: Amended at 15 Ill. Reg. 10075, effective July 1, 1991)

Section 501.406 Inspections and Disease Prevention

a) The Agency shall have the authority to enter at all reasonable times upon

any private or public property for the purpose of inspecting and

investigating to ascertain possible violations of the Act or regulations

thereunder, in accordance with constitutional limitations, except that no

representative of the Agency shall enter a livestock management facility

or livestock waste-handling facility unless sanitized footwear and

sanitized outer garments provided by the Agency are used (unless waived

by the farm owner or operator) and any other reasonable disease

prevention procedures or equipment, as provided by the owner or operator

of the facility, are utilized.

b) The activities of inspecting and investigating include:

1) Having access to and the right to copy any records required to be

kept under the terms of the permit; and

2) Having access to, sampling and monitoring any discharge of

pollutants to ground and surface waters.

Section 501.APPENDIX A References to Previous Rules

The following table is provided to aid in referencing old Board rule numbers to

section numbers pursuant to codification.

Chapter 5: Agriculture Related Pollution

35 Ill. Admin. Code 501

Part I, General Provisions

Section 501.201 et seq.