TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE E: AGRICULTURE RELATED WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 580
PROCEDURES FOR REPORTING RELEASES OF LIVESTOCK WASTE FROM
LAGOONS
Section
580.100 Introduction
580.101 Scope
580.102 Applicability
580.103 Purpose
580.104 Definitions
580.105 Method of Reporting a Release of Livestock Waste from a Lagoon
580.106 Contents of Report
580.107 Reporting of Releases to Groundwater
580.200 Distribution of Information
580.300 Follow-up Written Report
AUTHORITY: Implementing and authorized by Section 15 of the Livestock Management
Facilities Act [510 ILCS 77/15] (see P.A. 90-565, effective June 1, 1998); and Section 4(h) of
the Environmental Protection Act [415 ILCS 5/4(h)].
SOURCE: Adopted at 22 Ill. Reg. 21863, effective December 4, 1998.
580.100 Introduction
This Part 580 contains Illinois Environmental Protection Agency (Illinois EPA or Agency) rules
for the procedure that owners or operators of livestock waste lagoons that release livestock waste
must follow to satisfy their obligation under Section 15(d) of the Livestock Management
Facilities Act [510 ILCS 77/15(d)] and Section 4(h) of the Environmental Protection Act [415
ILCS 5/4(h)], and the procedure that the Illinois EPA will follow to distribute or provide access
to that information.
580.101 Scope
This Part 580 contains the procedures for reporting releases and the procedures for distribution
of that information. These regulations are cumulative with conditions, effluent limitations and
other requirements established under the Illinois Environmental Protection Act [415 ILCS 5],
regulations of the Illinois Pollution Control Board, the federal Water Pollution Control Act (33
U.S.C. 1251), as now or hereafter amended, and regulations pursuant thereto, including terms
and conditions of National Pollutant Discharge Elimination System (NPDES) permits issued by
the Agency and penalties under Title XII of the Environmental Protection Act [415 ILCS 5/Title
XII].
580.102 Applicability
The regulations in this Part 580 apply to the owners or operators of livestock waste lagoons that
release livestock waste as those terms are defined in Section 580.104.
580.103 Purpose
The purpose of this Part 580 is to promote the prompt and effective notification of any release of
livestock waste from a lagoon to minimize damage to the environment and to protect the health
of our citizens.
580.104 Definitions
Terms used in this Part have the meaning specified in the Livestock Management Facilities Act
[510 ILCS 77] or the Environmental Protection Act [415 ILCS 5]. The following terms have the
meanings specified:
"Agency" means the Illinois Environmental Protection Agency.
"Department" means the Illinois Department of Agriculture.
"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]
"Livestock waste" means 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.
[510
ILCS 77/10.35]
"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]
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, or dumping of livestock waste from a lagoon
into the environment. From a lagoon does not include from trucks or from application
vehicles lacking a direct and continuous connection to the lagoon. For purposes of this
Part, a release does not include the normal application of fertilizer such as the application
of livestock waste to crop land at agronomic rates established by guidelines of the
Agency, regulations of the Illinois Pollution Control Board or in a waste management
plan approved by the Department for the crop grown. A release is not application to a
grassed area under 35 Ill. Adm. Code 506.303(r), use of a runoff field application system
under 35 Ill. Adm. Code 501.404(d) or to small temporary accumulations of surface
water as a result of precipitation or irrigation. Air emissions are not releases under this
Part.
"Waters" means all accumulations of water, surface and underground, natural, and
artificial, public and private, or parts thereof, which are wholly or partially within, flow
through, or border upon this State.
[415 ILCS 5/3.56]
580.105 Method of Reporting a Release of Livestock Waste from a Lagoon
a) An owner or operator of a livestock waste handling facility shall report any
release of livestock waste from the lagoon within 24 hours after the discovery of
the release. Reports of releases to surface waters, including to sinkholes, drain
inlets, broken subsurface drains or other conduits to groundwater or surface
waters, shall be made upon discovery of the release, except when such immediate
notification will impede the owner's or operator's response to correct the cause of
the release or to contain the livestock waste, in which case the report shall be
made as soon as possible but no later than 24 hours after discovery.
b) The report required under subsection (a) shall be given to the Illinois
Environmental Protection Agency through the Illinois Emergency Management
Agency by calling:
1-800-782-7860
1-217-782-7860
(if calling from outside Illinois).
580.106 Contents of Report
The report required under Section 580.105(a) must include, as a minimum, each of the following
to the extent that it is known at the time of the report:
a) name and telephone number of the person reporting the release;
b) county, distance and direction from nearest town, village or municipality of the
release;
c) an estimate of the quantity in gallons that was released, and an estimate of the
flow rate if the release is ongoing;
d) area into which the release occurred (field, ditch, stream, or other description) and
apparent environmental impacts of the release;
e) time and duration of the release;
f) the names and telephone numbers of persons who may be contacted for further
information;
g) dangers to health or the environment resulting from the release;
h) actions taken to respond to, contain and mitigate the release; and
i) name of facility and mailing address.
580.107 Reporting of Releases to Groundwater
If an owner or operator of a lagoon required to implement groundwater monitoring under 35 Ill.
Adm. Code 506.204(d) submits a report to the Department of a proposed response action
required under 35 Ill. Adm. Code 506.206(g)(2), the owner or operator will submit that report to
the Agency at the same time.
580.200 Distribution of Information
a) Reports under this Part are required by Section 15(d) of the Livestock
Management Facilities Act [510 ILCS 77/15(d)] and Section 4(h) of the
Environmental Protection Act [415 ILCS 5/4(h)], and are therefore not privileged
under Section 52.2(h)(1) of the Environmental Protection Act [415 ILCS
5/52.2(h)(1)].
b) All reports under Sections 580.105 and 580.300 will be forwarded to the
Department by the Agency.
c) All reports under this Part indicating, or with respect to which subsequent
investigations reveal, releases to surface waters will be forwarded by the Agency
to the Illinois Department of Natural Resources and to the health department of
the county in which the release occurred.
d) All reports under this Part indicating, or with respect to which subsequent
investigations reveal, releases to groundwater will be forwarded by the Agency to
the health department of the county in which the release occurred.
e) All reports under this Part are accessible from the Illinois EPA through the
Freedom of Information Act [5 ILCS 140] and Agency regulations at 2 Ill. Adm.
Code 1826.
580.300 Follow-up Written Report
An owner or operator of a livestock waste lagoon who reports by telephone any release of
livestock waste from the lagoon shall provide a follow-up written report of the release within 5
days after the discovery of the release. The report shall confirm and update the information
provided by telephone pursuant to Section 580.106. Written reports shall be addressed to:
Illinois Environmental Protection Agency
Bureau of Water
Compliance Assurance Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276