RECEIVED
CLFRK’s
OFFrCE
IN THE MATTER OF:
LIVESTOCK WASTE REGULATIONS
35
ILL. ADM. CODE 506
)
)
)
)
RO1-28
(Rulemaking
-
Land)
~
‘#6
JUN
0
4
2001
STATE OF
ILLINOIS
Pollution Control Board
NOTICE
TO:
Dorothy M. Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, IL 6060 1-03286
(FEDERAL EXPRESS)
Thomas V. Skinner,
Director
IL Environmental Protection Agency
1021 North Grand Avenue East
Springfield, IL 62794-9276
(FIRST CLASS)
Dr.
John
R.
Lumpkin
IL Department ofPublic Health
535
West Jefferson, Floor
5
Springfield, IL 62761-5058
(FIRST CLASS)
Matthew J. Dunn, Chief
Environmental Control Division
Office ofthe Attorney General
James R. Thompson Center
100
W. Randolph,
11th Floor
Chicago, IL 60601-3218
(FIRST CLASS)
Brent Manning, Director
IL Dept. ofNatural Resources
524
South Second Street
Springfield,
IL 6270 1-9225
(FIRST CLASS)
Carol Sudman, Hearing Officer
Illinois Pollution Control Board
600 South Second, Suite 402
Springfield, IL
62704
(FIRST CLASS)
Service List
(FIRST CLASS)
PLEASE TAKE NOTICE
that
I
have today filed
with the
Office ofthe Clerk ofthe Pollution
Control Board the Public
Comments ofthe Illinois Department ofAgriculture, a copyofwhich is
herewith served upon you.
Respectfully submitted,
ILLINOISDEPARTMENT OFAGRICULTURE
OFTHESTATE OF ILLINOIS
DATED: June
1, 2001
By
thia Ervin
General Counsel
P. 0. Box 19281
Springfield, IL 62794-928 1
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
RECEJVED
CLERK~S OFFrc~
ILLINOIS POLLUTION CONTROL BOARD
JUN
04
2001
STATE OF
ILLINOIS
Pollution
Control Board
INTHEMATTER OF:
)
)
AMENDMENTS TOLIVESTOCK
)
WASTEREGULATIONS
)
RO1-28
(35
ILL.ADM.CODE 506)
)
(Rulemaking-Land)
Public Comments ofthe Illinois Department ofAgriculture
NOW COMES the ILLINOIS DEPARTMENT OF AGRICULTURE (Department), and
hereby submits comments in the aforementioned rulemaking.
The Department has presented testimony at the hearings through a summary ofthe
provisions ofthe proposed rules and by clarifying points and answering questions from the
Illinois Pollution Control Board (Board)
and members ofthe public during the hearing process.
The Department appreciates the manner in which the Board has conducted the hearing
process. At each hearing, ample opportunity was given to all
interested parties to present
information and express his or her views. The Department commends the Board for its handling
ofthis matter.
Much time and
effort from many individuals and groups were devoted to the
development ofthis proposal.
Representatives from eachofthe
State agencies on the Livestock
Management Facilities Advisory Committee (Illinois Department ofAgriculture, Illinois
Department ofNatural Resources,
Illinois Environmental Protection Agency, and Illinois
Department of Public Health) were instrumental in shaping the final form ofthe rule proposal.
Valuable input and
suggestions were also received from members ofcommodityand interest
groups. The Department would like to thank the members ofthe advisory committee and the
representatives ofthe interest groups for their commitment and interest to agriculture and the
representatives of the interest groups for theircommitmentand interest to agriculture and the
environment.
The Department continues to encourage the Board’sadoption ofthe rule proposal as
presented by the Department. As a result ofthe Livestock Management Facilities Advisory
Committee meeting process, many interest groups have had an opportunity to participate in the
proposal development process and the Department’sformal submittal to the Board.
Although
consensus was not reached on everyissue, the Department believes that the proposed rules
contain compromises that are reasonable and promote agriculture and protect the environment.
The Department, in its
development ofthe proposal, has attempted to balance technical
feasibility with economical reasonableness while maintaining a focus on the protection ofthe
environment.
The Illinois Environmental Protection Agency (Agency) provided testimony during the
Board’ssecond hearing where several points were discussed. The Agency suggested that
additional requirements pertaining to the siting oflivestock facilities in karst areas should be
included in the final rule. The Department would like to point out that several ofthe publications
submitted by the Agency in their testimony had not beenproduced or were not made available to
the committee during the rule development process.
Therefore, many ofthe suggested changes
or additional requirements proposed by the Agency were not discussed during the committee
meetings.
Regardless ofthis new information, the Department continues to believethat
an
effective and efficient system for the siting of facilities in a karst area has been included in our
proposal.
We feel that the proposal allows for a balancebetween environmental protection
and
allowing livestockproducers toproduce livestock and livestock
products without the burden of
excessive regulations.
A procedure, modeled afterthe aquifer material detection procedure for
lagoons, has been proposed for the detection ofvoids in
a karst area.
The Department believes
2
the proposal does indeed balance economic feasibility with environmental protection.
The Agency also commented on the location ofthe perimeter drainage tubing around
non-lagoon livestock waste handling facilities.
The Department does not object to modifying the
language concerning the placement ofthe tubing “ata horizontal distance that provides sufficient
drainage to maintain the watertable elevation below the bottom ofthe livestock waste handling
facility”.
When constructed to the required specifications, the Department does not believe that a
strong probability exists forthe release ofmanure through4he perimeter drainage tubing around
non-lagoon facilities.
In fact, the Department believes that the inclusion ofperimeter drainage
tubing around a non-lagoon facility should
lessen the possibility for in-ground manure storage
tank failures. We believe that a requirement for the installation ofsampling ports or the
automatic
sampling oftile drainage effluent is unnecessary and unreasonable.
For this reason, the Department did not propose the installation ofa sampling port in the
perimeter drainage tubing system, as the Agency suggested in testimony.
Other types of
accidental mishaps may have a more likely occurrence of happening than the release oflivestock
waste through a subsurface perimeter drainage tubing.
Forthese reasons the Department also
does not perceive the need for a separate collection area for the effluent from the tubing.
Dr. Ken Koelkebeck from the University ofIllinois presented information from a study
conducted on the floors ofturkey confinement facilities or houses. The Department appreciates
the interest and contribution ofDr. Koelkebeck and Perdue Farms to this rulemaking process.
The datapresented indicated little movement ofnutrients past a few feet below the floor surface
and also reported some soil permeabilities inside thehouses~ that were greater than the
1
x 10~
centimeters per second requirement included in the Department’sproposal.
Dr. Koelkebeck’s
data was obtained from buildings on
3 farms that ranged in age from 9 to
12
years.
Statements
3
madeduring histestimonyindicated that the constant trafficofthe birds contributed to the
compaction and the resultantpermeability levels. Since onlythree buildingswere apart ofthe
study, the Department remains concerned about the extrapolationofthese data to all turkey, and
possibly all poultry, facilities throughout the state. However, recognizing the reported potential
problems offoot damage to the birds on concrete which reduce the desirabilityofconcrete floors
and
the Department’sproposed permeability level of lx
106 centimeters per second for concrete,
the Department would support a change in the permeability forthe floors ofpoultrybuildings.
In Section
506.307(b).
the Department would support
a permeability level of lx 106 centimeters
persecondwhere the poultry litter is handled in asolid form.
Insummary, the IllinoisDepartment ofAgriculture, in cooperation with the other
membersoftheLivestockManagement Facilities AdvisoryCommittee and various interest
groups, has attempted to balance appropriate environmental protection with the economic
viabilityofthe livestock industry in the draftingofourproposaland thedevelopments ofour
comments. The Department believes this rule proposal, coupledwith the recently adopted Part
900 rules, willimplement the LivestockManagement Facilities Act in awaythat is consistent
withthe mandate presented to us. The Department alsothanks theBoard forthe opportunity to
participate in this processand present these final comments.
Respectfully submitted,
ILLINOISDEPARTMENT OFAGRICULTURE
OFTHESTATE OF ILLINOIS
By____
Cynthia Ervin
General Counsel
DATED: June 1, 2001
P. 0. Box
19281
Springfield, IL 62794-9281
4
STATE OF ILLINOIS
)
)
COUNTYOFSANGAMON
)
PROOF OF SERVICE
I,
the undersigned, on oath state that
I
have served the attached Public Commentsofthe
Illinois Department of Agriculture, uponthe persons to whomtheyare directedbyplacing copies in
envelopes addressed to:
DorothyM. Gunn, Clerk
Pollution Control Board
James R. ThompsonCenter
100W. Randolph, Suite 11-500
Chicago,IL 60601-03286
(FEDERALEXPRESS)
Thomas V. Skinner, Director
IL Environmental Protection Agency
1021 North GrandAvenue East
Springfield, IL 62794-9276
(FIRST CLASS)
Dr. JohnR.Lumpkin
IL Department ofPublic Health
535 WestJefferson, Floor
5
Springfield, IL 6276 1-5058
(FIRST CLASS)
Matthew J.Dunn, Chief
Environmental Control Division
Office of theAttorney General
James R. Thompson Center
100W. Randolph,
11tb
Floor
Chicago, IL 60601-3218
(FIRST CLASS)
Brent Manning, Director
IL Dept. ofNatural Resources
524
South Second Street
Springfield,
IL 62701-9225
(FIRST CLASS)
Carol Sudman, Hearing Officer
Illinois PollutionControl Board
600 South Second, Suite 402
Springfield, IL 62704
(FIRST CLASS)
Service List
(FIRST CLASS)
and mailing them fromSpringfield, IllinoisonJune 1, 2001, with sufficient postage affixed as
indicatedabove.
Qpxc~K&
0~
OFFICIAL
SEAL
LINDA
RHODES
NOTARY PUBLIC, STATE
OF ILLINOIS
MY COMMISSION EXPIRES 1.3.2004
SUBSCRIBEDANDSWORN TOBEFORE ME
this
1st day ofJune,
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
ROl-28 Service List
Livestock Waste Management
Friday, April 20, 2001
Cindy Bushur-I-Iallam
Department of Natural
Resources
524
S. Second St.
Springfield, IL 62701-
Sheila H. Deely
Gardner Carton& Douglas
321 N. Clark St., Ste. 3400
Chicago, IL 60610-
Terry Feldmann, P.E.
Feldmann
& Associates
1191 Carolyn Ct.
Sast Peoria, IL 61611-
Warren Goetsch
Illinois Department of Agriculture
Division ofNatural Resources
P.O. Box
19281
Springfield, IL 62794-
James T. Harrington
Ross And Hardies
150 N. Michigan Ave.,
Ste. 2500
Chicago, IL 60601-7567
Richard W. Davidson
Illinois Pork Producers Association
2200
Greenside Dr.
Springfield, IL 62704-3218
Cynthia I. Ervin
ChiefLegal Counsel, Dept. of Agriculture
Illinois State Fairgrounds
P~O. Box
19281
Springfield, IL 62708-
Scott Frank
Illinois Department of Agriculture
Bureau of Environmental Programs
P.O. Box 19281
Springfield, IL 62794-
Pam Hansen
Illinois Stewardship Alliance
P.O. Box
648
Rochester, IL 62563-
Roy M. Harsch
Gardner Carton& Douglas
321
N. Clark St., Ste. 3400
Chicago, IL 60610-
1
RO1-28 Service List
Livestock Waste Management
Friday, April 20, 2001
MaraleeM. Johnson
Illinois Beef Association
2060W.Iles Ave., Ste.B
Springfield. IL 62704-
Carol Sudman
Illinois Pollution Control Board
600
S. Second St.,
Ste. 402
Springfield, IL 62704-
Dr. Bruce St. John
Illinois Citizens for Responsible Practices
1620 Northedge Ct.
Dunlap, IL 61525-
A.G.
Taylor
IEPA
1021 North Grand Avenue East
P.O. Box
19276
Springfield, IL 62794-
Connie Tonsor
IEPA, Legal Counsel Division
1021 North Grand Avenue East
P.O. Box
19276
Springfield, IL 62794-9276
2
