BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS

RECEIVED
RECEIVED

Illinois

i~~1~u~iiture

George H. Ryan, Governor

•

Joe Hampton, Director

Office of the Director

State

Fairgrounds

•

P.O. Box 19281

•

Springfield,

IL62794-9281

•

217/782-2172

•

TDD 217/524-6858

•

Fax 217/785-4505

RECEIVED

CLERK’S

OFFICE

June

19,

2001

JUN

202001

STATE OF ILLINOIS

Pollution

Control Board

Ms. Dorothy Gunn, Clerk

Pollution Control Board

100 West Randolph, Suite

1 1-500

James R. Thompson Center

Chicago, iL 60601

Re:

Livestock Waste Regulations

Ill. Adm. Code

506

RO1-28 (Rulemaking-Land)

Dear Ms. Gunn:

Enclosed with this cover letter please find an original and nine

(9) copies ofthe following

documents for the above-stated rulemaking:

Notice ofFiling

Motion for Leave to File Instanter

Post-Hearing Comments ofthe Illinois Department of Agriculture

ProofofService

Ifyou have any questions or concerns, please do not hesitate to call me at

785-5713.

Thank

you for your assistance in this matter.

Administrative Assistant

Sincerely,

ILLINOIS DEP

Enclosures

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

RECEIVED

CLERK’S OFFICE

JUN

2001

IN THE MATTER OF:

LIVESTOCK WASTE REGULATIONS

35 ILL. ADM. CODE 506

)

RO1-28

(Rulemaking

Land)

STATE OF ILLINOIS

Polluti

0,~ 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

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 62701-9225

(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 attached

Motion for Leave to File Instanter and Post-Hearing Comments ofthe

Illinois Department of Agriculture, a

copy ofwhich is herewith served upon you.

Respectfully submitted,

ILLINOIS DEPARTMENT OF AGRICULTURE

OF THE STATE OF ILLINOIS

(~w

cynthia Ervin

General Counsel

DATED: June 19,

2001

P. 0.

Box

19281

Springfield,

IL 62794-9281

THIS FILING IS SUBMITTED

ON RECYCLED PAPER

RECEIVED

CLEPJ’S

OFFICE

ILLINOIS POLLUTION CONTROL BOARD

JUN

2001

STATE OF ILLINOIS

Pollution Control Board

IN THE MATTER OF:

)

AMENDMENTS TO LiVESTOCK

)

WASTE REGULATIONS

)

RO1-28

(35

ILL. ADM. CODE 506)

)

(Rulemaking-Land)

Motion for Leave to File Instanter

NOW COMES the ILLiNOIS DEPARTMENT OF AGRICULTURE

(Department), by its attorney, Cynthia Ervin, and requests that the Hearing Officer allow

the filing ofthesePost Hearing Comments instanter for the reasons set forth herein.

After receiving all the post-hearing comments in this matter, the

undersigned counsel spoke with the Hearing Officer concerning submitting post-hearing

comments to clarify a few points contained in post-hearing submissions and was directed

to file these comments with a Motion for Leave to File Instanter.

The Department received the comments ofTerry Feldmann on June 6,

2001, after the close ofthe commentperiod.

The Department believes that several statements in Mr. Feldmann’s

comments need to be clarified in order for the Board to fullyunderstand the Department’s

proposal.

The Board has an interest in developing a full and complete record in the

aforementioned rulemaking.

Because there is no statutory deadline and no response provided to other

members ofthe public to respond to these Post Hearing Comments, no members ofthe

public or a regulatory agency have been orwill be adversely impacted by filing the

comments

seyeral days late.

Therefore, for the reasons set forth herein, werequest that the hearing officer

grant this Motion for Leave to File Instanter authorizing the filing ofthe attached Post

HearingComments.

Respectfully submitted,

ILLINOIS DEPARTMENT OF AGRICULTURE

OF THE STATE OF ILLINOIS

General Counsel

DATED: July

19, 2001

P. 0. Box

19281

Springfield, IL

62794-9281

RECEIVED

ILLINOIS POLLUTION CONTROL BOARD

CLERK’S

OFFiCE

JUN

02001

STATE OF ILUNOIS

iN THE MATTER OF:

)

Pollution

Control Board

)

AMENDMENTS TO LIVESTOCK

)

WASTE REGULATIONS

)

RO1-28

(35

ILL.

ADM.

CODE

506)

)

(Rulemaking-Land)

Post-Hearing Comments ofthe Illinois Department ofAgriculture

NOW COMES the ILLiNOIS DEPARTMENT OF AGRICULTURE

(Department), by its attorney Cynthia Ervin, and hereby submits comments in the

aforementioned rulemaking.

The Department welcomes the opportunity to file post-comment period comments

with the Illinois Pollution Control Board (Board) in the matter ofamendments to the

livestock waste regulations

(35

Ill. Adm. Code

506).

TheDepartment has presented

testimony at the hearings, provided answers to questions from the Board and members of

thepublic, and submitted public comments during the hearing process. The Department

would like to provide further comment and clarification to the comments submitted by

Mr. TerryFeldmann, P.E. during the commentperiod.

Comment number 2 from Mr. Feldmann, referring to

Section

506.2

10 ofthe rule

proposal,

states that the use ofsecondary containment at a livestock waste handling

facility is a requirement. The Department reiterated statutory language from the

Livestock Management Facilities Act (Act) in the proposal. The statutory language

includes, in part,

.....

if an en~neer...

determines..

that construction ofsuch a

secondaryberm or other feature or features is necessary in order to ensure against a

release..

.“.

The intent ofthe Department was not to require the secondarycontainment

in all cases but to maintain consistencywith the statutory language and leave the

determination to the professionaljudgment ofthe engineer involved.

Mr. Feldmann contends, in his comment number 3, that the 6-inch rainfall storage

requirement, as presented in Section 506.303, is already accounted for in the 2-foot

freeboard and suggests adding the 25-year, 24-hour storm event amount.

The

Department was maintaining consistency with the lagoon storage volume requirements of

Sections 506.204(g)(3) and (4) when proposing the storage volume requirements for non-

lagoon facilities.

The Department contends that the proposal, in a more simplistic

approach, accomplishes basically the same outcome as Mr. Feldmann suggests since the

25-year, 24-hour storm event amounts for the state ofIllinois vary from slightly less than

inches in the north to slightly less than 6 inches in the south.

In his comment number 4,

Mr. Feldmann disagrees with the requirement for a

hydraulic conductivity in the floor ofdeep bedded livestock systems and poultry litter

systems ofequal to or less than

x 10~ centimeters per second

(Section

506.307(b)).

The Department concurs that these types oflivestock waste handling facilities using

absorbent materials are different than the more common types ofwaste handling facilities

such as deep pits,

lagoons, or storage ponds.

However to provide consistency, the

Department contends that a minimum hydraulic conductivity forthese structures is

required to

guard against events such as water leaks and inadequate amounts ofbedding.

As proposed in the rules, alternative design proposals can be submitted to the

Department.

Furthermore, in our previous public comments, the Department suggested

increasing the allowable hydraulic conductivity to

106 centimeters per second.

After further consideration, the Department concurs with Mr. Feldmann’s

comment number 7 regarding the installation ofperimeter drainage tubingnear the

footings ofthe structure (Section 506.3 10(d)).

Installing the tubing one foot below the

footings may increase construction costs unnecessarily.

The Department suggests

language requiring the top ofthe perimeter drainage tubing be positioned below the top

ofthe waste storage structure floor.

The Department disagrees with comment number 8

from Mr. Feldmann regarding

the thickness ofwalls and floors ofconstructed in an areaof shallow aquifer material

(Section 506.3 10).

Section 13(b) ofthe Act states in part,”.

shall be designed to

ensure the structural integrity ofthe containment structure and to prevent seepage ofthe

stored material to groundwater.” This was the intent ofthe Department when proposing

the rule. The rule does not hinder the professionaljudgment ofthe engineer as alternative

design proposals can be submitted to the Department.

Mr. Feldmann alludes to the

involvement ofan engineer in the design ofthe structure.

As the rule is proposed, the

involvement of a licensed professional engineer is not always required in the

development ofconstruction plans.

The Department concurs with Mr. Feldmann’s commentnumber 2 with regard to

the testimony of the Illinois

Environmental Protection Agency.

The requirement for a

storage facility for perimeter drainage tubing effluent is excessive and unnecessarily

expensive.

The Department also commented, in ourprevious public comments, that the

inclusion ofa sampling port would be unnecessary and overburdensome.

Thank you again for the opportunity to provide these additional comments.

The

Department looks forward to the Board’s responseto our proposal and the many

comments that have been offeredby the various interest groups. In developing our

proposal and subsequent comments, the Department has attempted to balance

environmental protection with economic and technical feasibility.

Although certainly not

perfect, we continue to believe that we have been successful in that attempt and request

the Board adopt the proposal with only minor changes as noted in our comments.

Respectfully submitted,

ILLiNOIS DEPARTMENT OF AGRICULTURE

THE STATE OF ILLiNOIS

Cynthia Ervin

General Counsel

DATED: July

19, 2001

P. 0. Box

19281

Springfield,

62794-928 1

STATE OF ILLINOIS

)

COUNTYOF SANGAMON

)

PROOF

OF SERVICE

I, the undersigned, on oath state that I have

served the attached Motion for Leave to File

Instanter and Post-Hearing Comments ofthe Illinois Department ofAgriculture, upon the persons to

whom they are directed by placing copies in envelopes addressed to:

Dorothy M. Gunn,

Clerk

Pollution Control Board

James R. Thompson Center

100

W. Randolph, Suite

11-500

Chicago, IL 60601-03286

(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

Springfield, IL 62761-5058

(FIRST CLASS)

MatthewJ.

Dunn, Chief

Environmental Control Division

Office ofthe AttorneyGeneral

James R. Thompson Center

100 W. Randolph,

11th

Floor

Chicago, IL 60601-32 18

(FIRST CLASS)

Brent Manning, Director

IL Dept. of

Natural 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)

and mailing them from Springfield, Illinois on June

19, 2001, with sufficient postage affixed

indicated above.

SUBSCRIBED AND SWORN TO BEFORE ME

this

19th day of June, 2001.

_ze4t-

3&Cfr1C~2~~”

Notary Public

p,ywwww~-

OFFICIAL SEAL

KAREN FAWNS

NOTARY PUBLIC,

STATE

OF ILLINOIS

COMMISSION !XPIRES:02108102

THIS FILING IS SUBMITTED

ON RECYCLED PAPER

R01-28 Service List

Livestock Waste Management

Friday, April 20, 2001

Cindy Bushur-Hallam

Department ofNatural 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.

Bast Peoria, IL 61611-

Warren Goetsch

Illinois Department ofAgriculture

Division of Natural Resources

P.O. Box

19281

Springfield,

IL 62794-

James

T. Harrington

Ross And Hardies

150

N. MichiganAve., Ste. 2500

Chicago, IL 60601-7567

Richard W. Davidson

Illinois Pork Producers Association

2200 Greenside Dr.

Springfield,

IL 62704-3218

Cynthia I. Ervin

Chief Legal Counsel,

Dept. of Agriculture

Illinois State Fairgrounds

P.O. Box

19281

Springfield,

IL 62708-

Scott Frank

Illinois

Department ofAgriculture

Bureau ofEnvironmental Programs

P.O. Box

19281

Springfield,

IL 62794-

Pam Hansen

lUinois Stewardship Alliance

P.O. Box 648

Rochester, IL

62563-

Roy M. Harsch

Gardner Carton & Douglas

321 N.

Clark St.,

Ste. 3400

Chicago,

IL 60610-

RO1-28 Service List

Livestock Waste Management

Friday, April 20, 2001

Maralee M. Johnson

Illinois Beef Association

2060 W.Iles Ave., Ste.

Springfield, IL 62704-

Carol

Sudman

illinois

Pollution Control

Board

600

5. 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