ILLINOIS POLLUTION CONTROL BOARD
November 1, 2001
IN THE MATTER OF: )
)
AMENDMENTS TO LIVESTOCK ) R01-28
WASTE REGULATIONS ) (Rulemaking – Land)
(35 ILL. ADM. CODE 506) )
Adopted Rule. Final Order.
OPINION AND ORDER OF THE BOARD (by C.A. Manning, G.T. Girard, S.T. Lawton, Jr.):
Today, the Board adopts final amendments to 35 Ill. Adm. Code 506 (Part 506) regarding
the design and construction of livestock waste handling facilities. The rules, based on an Illinois
Department of Agriculture (Dept. of Ag.) proposal, reflect recent amendments to the Livestock
Management Facilities Act (LMFA) (510 ILCS 77/1
et seq.
(2000)). Specifically, the rules
adopted today accomplish two objectives. First, the rules establish or enhance design and
construction standards for livestock waste handling facilities. Second, the amendments repeal
administrative provisions now superceded by the Dept. of Ag.’s rules at 8 Ill. Adm. Code 900
(Part 900).
In this opinion, the Board first provides background information on the LMFA and
subsequent amendments, along with background information on the current Part 506 rules.
Second, the Board discusses procedural matters. Finally, the Board sets forth an overview of the
adopted rules.
BACKGROUND
On May 21, 1996, Public Act 89-456 created the LMFA (510 ILCS 77/1
et seq.
(2000))
to establish requirements for siting, constructing, and operating livestock management and waste
handling facilities. The LMFA requires the Dept. of Ag. to propose rules to the Board based on
recommendations from a Livestock Management Facility Advisory Committee (510 ILCS 77/55
(2000)). On November 21, 1996, the Dept. of Ag. submitted proposed rules to the Board which
the Board adopted on May 15, 1997.
See
Livestock Waste Regulations, 35 Ill. Adm. Code 506,
R97-15(A) (May 15, 1997). The original rules in Part 506 included standards for constructing
livestock waste lagoons, developing waste management plans, certifying livestock managers, and
implementing setback distances. The Board promulgated rules for lagoon financial surety in a
separate rulemaking.
See
Livestock Waste Regulations, 35 Ill. Adm. Code 506, R97-15(B)
(Nov. 12, 1998).
The legislature has amended the LMFA twice since the Board adopted the Part 506 rules
(
see
P.A. 90-565, eff. Jan. 2, 1998; and P.A. 91-110, eff. July 13, 1999). The legislative
amendments require the Dept. of Ag. to promulgate rules governing all sections of the LMFA
other than design and construction standards for livestock waste handling facilities (510 ILCS
77/55 (2000)). Accordingly, the Dept. of Ag. adopted rules at 8 Ill. Adm. Code 900 (Part 900)
on January 1, 2001. The amendments also require the Board, pursuant to a proposal filed by the
2
Dept. of Ag., to promulgate standards for designing and constructing livestock waste handling
facilities (510 ILCS 77/55 (2000)).
PROCEDURAL MATTERS
The Dept. of Ag. filed its proposal with the Board on January 22, 2001. The Board
moved the proposal to first notice on February 15, 2001 without commenting on the merits of the
proposal to expedite this proceeding. The proposal was published for first notice in the
Illinois
Register
on March 2, 2001 (25 Ill. Reg. 3121). It has been available on the Board’s Web site
(www.ipcb.state.il.us).
During the first-notice period, the Board held two public hearings on the Dept. of Ag.’s
proposal (April 2 and April 30, 2001) before Board Hearing Officer Carol Sudman. The purpose
of the hearings was to allow the Board to receive testimony from the Dept. of Ag. and other
interested persons on the proposed rules. The hearing transcripts have been posted on the
Board’s Web site. At hearing, the following persons offered testimony or public comment:
Cynthia Ervin, Warren Goetsch, and Scott Frank on behalf of the Dept. of Ag.; Roy Harsch on
behalf of the Illinois Farm Bureau, Illinois Pork Producers, and Illinois Beef Producers; Daniel
Heacock on behalf of the Illinois Environmental Protection Agency (Agency); Pam Hansen on
behalf of the Illinois Stewardship Alliance; Jim Scheetz on behalf of Scheetz Family Farms; Ken
Koelkebeck on behalf of the University of Illinois Department of Animal Science, the State
Turkey Grower’s Association, and Perdue Farms; and Scott Nally on behalf of Perdue Farms. In
addition to the public comment and testimony from these groups, the Board received public
comment from the Illinois Milk Producers; Terry Feldmann of Feldmann and Associates; and
Dana Walker. All comments appear on the Board’s Web site.
The first hearing provided the public an opportunity to testify on the decision by the
Department of Commerce and Community Affairs (DCCA) not to perform an economic impact
study, as the Board requested on February 6, 2001. No one testified on this issue at hearing.
The Board issued a second-notice opinion and order on September 6, 2001 that modified
the Dept. of Ag.’s proposal based on public comment. Readers seeking a detailed discussion of
the changes to the Dept. of Ag.’s proposal at second notice should consult the Board’s opinion
and order at second notice.
See
Amendments to Livestock Waste Regulations (35 Ill. Adm.
Code 506), R01-28 (Sept. 6, 2001).
The Board filed the second-notice proposal with the Joint Committee on Administrative
Rules (JCAR). JCAR considered the rules at its October 16, 2001 meeting and issued a
certificate of no objection. The final rules reflect minor, non-substantive modifications that
JCAR requested. These changes do not merit discussion.
OVERVIEW OF THE ADOPTED RULES
The Part 506 amendments adopted today accomplish two objectives. First, the rules
delete provisions from Part 506 that are now superseded by the Dept. of Ag.’s Part 900 rules.
Several sections of Subparts A-C are deleted, and Subparts D-G are deleted in their entirety. The
3
Board did not receive any comment regarding the deleted language; thus, those changes are not
discussed in this opinion. Second, the rules establish or enhance new design and construction
standards for livestock waste lagoons and livestock waste handling facilities other than lagoons
(Subparts B and C). The Board will now describe the content of the adopted amendments to Part
506.
Subpart A: General Provisions
Subpart A sets forth general provisions applicable to Part 506. Section 506.101 refers to
Sections 506.201 and 506.301 for the applicability of these amendments to new facilities, and
requires the public to use Part 506 in conjunction with the Dept. of Ag.’s Part 900 rules. Section
506.103 defines terms used in Part 506, and Section 506.104 lists the documents incorporated by
reference into the proposal. The proposal prescribes procedures for requesting alternatives,
modifications, and waivers to the new design and construction standards in Section 506.106.
Requirements now contained in the Dept. of Ag.’s Part 900 rules are deleted.
Subpart B: Standards for Livestock Waste Lagoons
Subpart B establishes or enhances design and construction standards for livestock waste
lagoons. These standards apply to designs not approved prior to the effective date of these
amendments (Section 506.201). The site investigation requires determining the presence of
aquifer material, and determining whether the lagoon will be located in a floodway, floodplain,
or karst area (Section 506.202). Sections 506.204 and 506.205 specify lagoon design and liner
standards. Groundwater monitoring requirements operate in conjunction with the Dept. of Ag.’s
Part 900 rules (Section 506.206). The proposal establishes new standards for constructing
lagoons in karst and flood fringe areas (Sections 506.207, 506.208). Section 506.210 establishes
new requirements for secondary containment features. Below, the Board addresses several
provisions of Subpart B in greater detail.
Section 506.202 Site Investigation
The specific site investigation requirements such as the number of borings, depth of
borings, etc. must be determined by the licensed professional engineer (LPE) or the licensed
professional geologist (LPG) based on site-specific data. The Dept. of Ag. may require
additional borings if it is not satisfied with the LPE’s or LPG’s site investigation information.
Section 506.204 Lagoon Design Standards
Section 506.204 amends lagoon design standards. Runoff and precipitation generated
between manure removal events are included as additional volumes to be accounted for in
calculating the amount of waste generated in a 270 day period.
Section 506.207 Construction in a Karst Area
Section 506.207 establishes standards for constructing lagoons in karst areas, including a
requirement for rigid construction materials. While rigid construction materials may increase
4
costs, such costs are justified given the higher costs of groundwater remediation in the event of a
structural failure. Rigid construction materials are also required for non-lagoon waste handling
facilities located in karst areas (
see
Section 506.312(b)).
Subpart C: Standards for the Design and Construction of Livestock Waste Handling
Facilities Other Than Lagoons
Subpart C establishes design and construction standards for livestock waste handling
facilities other than lagoons. These standards apply to designs not approved prior to the effective
date of these amendments (Section 506.301). The site investigation requires determining the
presence of aquifer material, and determining whether the livestock waste handling facility will
be located in a floodway, floodplain, or karst area (Section 506.302). The proposal prescribes
waste storage volume requirements in Section 506.303. Section 506.304 specifies general
design and construction standards. Additional standards are established for concrete, metal,
earthen material, synthetic material, and wooden material (Sections 506.305-506.309). The
proposal includes new standards for constructing livestock waste handling facilities in areas with
shallow aquifer material, flood fringe areas, and karst areas (Sections 506.310-506.312). Below,
the Board addresses several provisions in greater detail.
Section 506.302 Site Investigation
Section 506.302 pertains to site investigation requirements for constructing livestock
waste handling facilities other than lagoons. The specific site investigation requirements such as
the number of borings, depth of borings, etc. must be determined by the LPE or the LPG based
on site-specific data. The rules allow the Dept. of Ag. to require additional borings if it is not
satisfied with the LPE’s or LPG’s site investigation information.
Section 506.303 Non-Lagoon Livestock Waste Storage Volume Requirements
Section 506.303 establishes standards for non-lagoon storage volume requirements.
Runoff and precipitation are considered livestock waste, and are specifically included as
additional volume to be calculated into the 150-day storage period.
Section 506.304 General Design and Construction Standards
As discussed in further detail below, significant provisions of this Section address
hydraulic conductivity, perimeter drainage tubing, and sampling port requirements.
Hydraulic Conductivity Standard.
Subsection (a) establishes design and construction
standards for the hydraulic conductivity of storage and transport surfaces. A separate standard is
maintained for the poultry industry, as evidence in the record indicates that a lower permeability
standard would not compromise groundwater safety, and would protect the birds from injury due
to concrete floors.
Perimeter Drainage Tubing.
Subsection (c) requires perimeter drainage tubing for
areas where the seasonal high water table may encroach upon the bottom of the livestock waste
5
storage structure. Since the water table elevation changes on a seasonal basis, the seasonal high
water table refers to the highest level of the water table encountered on a yearly basis. Perimeter
drainage tubing is justified in areas where flooding may increase the risk of groundwater
contamination. The drainage tubing must be located below the bottom of the footing.
Sampling Port.
Subsection (c) requires a sampling port in areas where the seasonal high
water table may encroach upon the bottom of the storage structure. The perimeter drainage
tubing may convey livestock waste that has leaked from the waste storage structure, particularly
when water table elevations are high. Since the flow from the tubing may enter surface water,
inspection or sampling of the flow from the drain would serve as an early detection system to
prevent a discharge of waste to the waters of the State. This requirement addresses the same
concerns as the perimeter tubing sampling provision for facilities constructed in areas with
shallow aquifer material (Section 506.310),
i.e.,
preventing discharge of waste to waters of the
State. While the Board rules require a sampling port as part of the design standards, the actual
sampling and monitoring requirements must be done in accordance with the Dept. of Ag.’s
regulations pertaining to operational requirements.
Section 506.305 Additional Concrete Design and Construction Standards
Section 506.305 establishes additional concrete design and construction standards, such
as the placement of construction joints and water stops. Section 506.305(a) requires construction
joints in accordance with the design guidance provided in the Midwest Plan Service (MWPS)
Center Concrete Manure Storages Handbooks, MWPS-36 or TR-9 (Circular Tanks). These
guidance handbooks, developed to address livestock waste concrete structures, provide detailed
specifications for constructing livestock waste handling facilities, including the placement of
joints and water stops. Section 506.305(b) allows for alternative standards or modifications. If
site-specific conditions warrant any deviations from the design requirements, the Dept. of Ag.
may approve such deviations.
Section 506.310 Additional Design and Construction Standards for Construction in an
Area with Shallow Aquifer Material
The design standards of the MWPS-36 guidance documents, which are incorporated by
reference, specify the criteria for increasing the thickness of concrete floors and walls beyond the
minimum requirement. Concerns regarding structural integrity are also addressed by the
minimum load requirements specified at Section 506.304.
Section 506.312 Additional Design and Construction Standards for Construction in a
Karst Area
Section 506.312 establishes additional standards for constructing non-lagoon waste
handling facilities in karst areas, such as the requirement for rigid construction materials.
Subpart D: Certified Livestock Manager; Subpart E: Penalties, Subpart F: Financial
Responsibility; Subpart G: Setbacks; Appendix A: Surety Instruments
6
These Subparts are superseded by the Dept. of Ag.’s Part 900 rules, and accordingly, the
Board proposes to delete them. The Board did not receive any comments on these Subparts.
CONCLUSION
The Board finds that the Dept. of Ag.’s proposal, with the Board’s revisions, is
economically reasonable and technically feasible. The Board adopts the revised proposal as final
rules.
ORDER
The Board adopts as final rules the following amendments to 35 Ill. Adm. Code 506. The
Board directs the Clerk of the Board to file the adopted rules with the Secretary of State.
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 Certification of
Construction in a Karst Area
506.208 Failure to Register or Construct in Accordance with StandardsConstruction in a
Flood Fringe Area
506.209 Lagoon Closure and Ownership Transfer (Repealed)
506.210 Secondary Containment
7
SUBPART C: WASTE MANAGEMENT PLAN STANDARDS FOR THE DESIGN AND
CONSTRUCTION OF LIVESTOCK WASTE HANDLING FACILITIES OTHER THAN
LAGOONS
Section
506.301 Purpose Applicability
506.302 Scope and Applicability Site Investigation
506.303 Waste Management Plan Contents Non-lagoon Livestock Waste Storage Volume
Requirements
506.304 Livestock Waste Volumes General Design and Construction Standards
506.305 Nutrient Content of Livestock Waste Additional Concrete Design and
Construction Standards
506.306 Adjustments to Nitrogen AvailabilityAdditional Metal Design and Construction
Standards
506.307 Targeted Crop Yield GoalAdditional Earthen Material Design and Construction
Standards
506.308 Additional Synthetic Material Design and Construction Standards
506.309 Nitrogen CreditsAdditional Wooden Material Design and Construction Standards
506.310 Records of Waste DisposalAdditional Design and Construction Standards for
Construction in an Area with Shallow Aquifer Material
506.311 Approval of Waste Management PlansAdditional Design and Construction
Standards for Construction in a Flood Fringe Area
506.312 Sludge RemovalAdditional 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)
8
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)
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. ____________________, effective _____________________________.
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 Waste Management Plan, is set forth at Section
506.301 506.302 of this Part. The applicability of Subpart D, Certified Livestock Manager, is set
forth at Section 506.401 of this Part. The applicability of Subpart F, Financial Responsibility, is
set forth at Section 506.601 of this Part. The applicability of Subpart G, Setbacks, is set forth at
Section 506.701 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
9
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. _________, effective ________________________)
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
herein shall have the following meanings:
“AGENCY” MEANS THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
[510 ILCS 77/10.5]
“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]
“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
10
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, herein, 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
Section506.202 and 506.302 of this Part.
“CERTIFIED LIVESTOCK MANAGER” MEANS A PERSON THAT HAS BEEN
DULY CERTIFIED BY THE DEPARTMENT AS AN OPERATOR OF A
LIVESTOCK WASTE HANDLING FACILITY. [510 ILCS 77/10.15]
“Department” means the Illinois Department of Agriculture.
[510 ILCS 77/10.20]
.
“FARM RESIDENCE” MEANS 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. [510 ILCS 77/10.23]
“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.
“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
11
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]
“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]
12
“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.
“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
13
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 and that
has been operated as a livestock management 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. [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.
“NON-FARM RESIDENCE” MEANS ANY RESIDENCE WHICH IS NOT A FARM
RESIDENCE. [510 ILCS 77/10.47]
“Occupied residence” means a house or other type of shelter that is intended or used for
human occupancy and has been occupied by humans for more than a total of six months
in the last two years at that location. For the purposes of this definition, “intended or
used for human occupancy” means running water and sanitation are provided within the
residence.
“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 lagoon
handling facility upon the completion of construction or modification in accordance with
the requirements of this Part.
“POPULATED AREA” MEANS ANY AREA WHERE AT LEAST 10 INHABITED
NON-FARM RESIDENCES ARE LOCATED OR WHERE AT LEAST 50 PERSONS
FREQUENT A COMMON PLACE OF ASSEMBLY OR A NON-FARM BUSINESS
AT LEAST ONCE PER WEEK. [510 ILCS 77/10.60] The existence of a populated
area shall be determined by identifying the area around the livestock management or
livestock waste handling facility delineated by a distance equal to the applicable setback
distance and identifying the number of residences or the existence of a non-farm
business or the existence of a common place of assembly within that area. For the
purpose of setback requirements, common places of assembly or non-farm businesses
14
include but are not limited to churches, hospitals, schools, day care centers,
manufacturing companies, land managed for recreational or conservation purposes,
museums, camps, parks, retail and wholesale facilities, and shopping centers. A
common place of assembly or a non-farm business includes places that operate less than
52 weeks per year, such as schools with seasonal vacation periods and businesses or
other places which experience seasonal shutdowns, and parks, camps, and recreational
areas which experience seasonal shutdowns or reduced attendance during a portion of
the calendar year, provided that such places are frequented by at least 50 persons at least
once per week during the portions of the year when seasonal shutdowns or reductions in
attendance do not occur.
“Residence” means a house or other structure, including all attachments to the house or
structure, which is used as a place of human habitation.
“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.
“Serviced” means, with reference to a livestock waste lagoon, that corrective action is
taken as necessary to assure the integrity of the lagoon and its berm and associated
appurtenances, including but not limited to removal or repair of burrow holes, trees and
woody vegetation, freeboard level, erosion, settling of berm, berm top maintenance,
leaks, and seepage.
“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
used to convey the released material to a grass waterway, a filter strip, or a secondary
berm.
“USDA-NRCS” means the United States Department of Agriculture’s Natural Resources
Conservation Service.
“Void” means an underground opening generally produced by dissolution of rock in a
karst area.
(Source: Amended at 25 Ill. Reg. ___________, effective _______________________)
Section 506.104 Incorporations by Reference
15
a) The Board incorporates the following materials by reference:
1) APHA. American Public Health Association, 1015 Fifteenth Street, NW,
Washington, DC 20005, (202) 789-5600, “Standard Methods for the Examination
of Water and Wastewater”, 19th 20
th
Edition, 1995.
2) ASAE. American Society of Agricultural Engineers, 2950 Niles Road, St.
Joseph, MI 49085-9659, (616) 429-5585:
“Manure Storages”, ASAE Standards 1998, ASAE EP393.2, December 1997, pp.
649-652.
“Design of Anaerobic Lagoons for Animal Waste Management”, ASAE
Standards 1992, ASAE EP403.1, 1992, pp. 498-500.
“Design of Anaerobic Lagoons for Animal Waste Management”, ASAE
Standards 1998 1993, ASAE EP403.2, August 1993, pp. 656-659 543-546.
3) IDNR-ISGS. Illinois Department of Natural Resources-Illinois State Geological
Survey, 615 E. Peabody Drive, Champaign, IL 61820-6964, (217) 333-4747,
“Karst Terrains and Carbonate Rocks of Illinois”, Illinois Map 8, 1997.
4) MWPS. MidWest Plan Service, 122 Davidson Hall, Iowa State University,
Ames, IA 50011-3080, (515) 294-4337:
“Livestock Waste Facilities Handbook” MWPS-18, 3rd Edition, 1993.
“Concrete Manure Storages Handbook” MWPS-36, 1st Edition, 1994.
“Circular Concrete Manure Tanks” Technical Resource TR-9, March 1998.
5)3) NTIS. National Technical Information Service, 5285 Port Royal Road,
Springfield, VA 22161, (703) 487-4600, “Methods for the Determination of
Inorganic Substances in Environmental Samples”, EPA Publication No. EPA-
600/R-93/100 (August 1993), Doc. No. PB 94-120821.
6)4) USDA-NRCS. United States Department of Agriculture - Natural Resources
Conservation Service, 1902 Fox Drive, Champaign, IL 61820:,
“Waste Holding Pond”, Illinois Field Office Technical Guide, Section IV, IL425,
p. 5, June 1992.
“Waste Storage Structure”, Illinois Field Office Technical Guide, Section IV,
IL313, p. 6, June 1992.
“Waste Treatment Lagoon”, Illinois Field Office Technical Guide, Section IV,
IL359, p. 5, June 1992.
b) This Section incorporates no later amendments or editions, but does include errata sheets
specific to the referenced document.
(Source: Amended at 25 Ill. Reg. ____________, effective _____________________)
Section 506.105 Recordkeeping ( Repealed)
16
a)
The Department shall maintain a file for all facilities registering or otherwise filing
documents with the Department under these regulations.
b)
The file shall contain all registration materials, along with all supporting data and
justifications, records of Department certification and determinations, groundwater
monitoring results (if required), waste management plans (if required), and any other
information submitted to the Department by the owner or operator of a facility.
c)
Copies of materials in the file for a registered facility shall be available for public
inspection.
(Source: Repealed at 25 Ill. Reg. _________, effective ______________________)
Section 506.106 Alternatives, Modifications and Waivers
a) All requests for alternatives, modifications, and waivers to this Part these regulations,
where allowed by Sections 13(e) and 15(a) of the Act [510 ILCS 77/13(e),15(a)] 15(a)
and (e) of the Act [510 ILCS 77/15(a),(e)] or this Part (Sections 506.202(d), 506.204(h),
506.205(f), 506.206(j), 506.209(a)(2)) shall be made in writing to the Department.
Construction may not begin or continue until the request for alternative, modification, or
waiver is granted.
b) Each request for an alternative, modification, or waiver shall contain a certification from
a Licensed Professional Engineer or Licensed Professional Geologist, as relevant, that the
grant of the modification is at least as protective of the groundwater, surface water and
the structural integrity of the livestock waste management facility as the stated
requirements or that the alternative or waiver is at least as protective as the stated
requirements.
c) The Department shall notify the applicant in writing of its determination within 30 days
after receipt of the request for an alternative, modification, or waiver. To grant the
requested alternative, modification, or waiver, the Department must determine that the
modification is at least as protective of the groundwater, surface water and the structural
integrity of the livestock waste management facility as the stated requirements or that the
alternative or waiver is at least as protective as the stated requirements.
(Source: Amended at 25 Ill. Reg. __________, effective ________________________)
SUBPART B: STANDARDS FOR THE DESIGN AND CONSTRUCTION OF LIVESTOCK
WASTE LAGOONS
Section 506.201 Applicability
This Subpart shall apply to any new or modified lagoon, the design of which has not been
approved by the Department prior to November 15, 2001. The standards and specifications for
17
livestock waste lagoon construction contained in this Subpart shall be utilized in the design plans
and construction of the lagoon in accordance with the registration of lagoons required in 8 Ill.
Adm. Code 900.Subpart F.
a)
This Subpart applies to any lagoon that is new or modified and has not been placed in
service as of the effective date of this Part.
b)
For the purposes of this Subpart the number of animal units at a livestock management
facility is the maximum design capacity of the livestock management facility.
c)
In addition, a lagoon registered and certified pursuant to the emergency rules adopted in
R97-14 at 20 Ill. Reg. 14903, effective October 31, 1996 and the emergency rules
adopted in R97-14 at 21 Ill. Reg. 4313, effective March 31, 1997, shall be considered as
registered and certified pursuant to this Subpart.
(Source: Amended at 25 Ill. Reg. ___________, effective _________________________)
Section 506.202 Site Investigation
a) The owner or operator of a new or modified livestock waste lagoon constructed pursuant
to this Subpart shall conduct a site investigation in accordance with the requirements of
this Section to determine the following: if aquifer material is present (or not present)
within 50 feet of the planned bottom of the lagoon.
1) Whether aquifer material is considered present (or not present) within 50 feet of
the planned bottom of the lagoon;
2) Whether the proposed lagoon is to be located within the floodway or flood fringe
of a 100-year floodplain; and
3) Whether the proposed lagoon is to be located within a karst area or within 400
feet of a natural depression in a karst area.
b) The owner or operator shall perform one or more soil borings that which shall be located
within the final lagoon area or within 20 feet of the final exterior berm toe. The boring
shall be performed to determine the presence of aquifer material or karstified carbonate
bedrock as follows:
1) The soil boring shall extend to a depth that includes 50 feet below from the
planned bottom of lagoon native soil or to bedrock;
2) If bedrock is encountered, additional soil borings may be necessary to verify the
presence of aquifer material or karstified carbonate bedrock;
3) Continuous samples shall be recovered from each soil boring to ensure that no
gaps occur in the sample column; and
18
4) Upon completion, the boring(s) shall be properly abandoned and sealed pursuant
to the Illinois Water Well Construction Code at 77 Ill. Adm. Code 920.120.
c) If the Department determines that additional soil borings are necessary to ensure the
protection of the groundwater, surface water or and the structural integrity of the
livestock waste management facility, the Department shall require additional soil borings.
d) As an alternative to performing the soil boring(s) required under subsection (b) or (c) of
this Section, the owner or operator of the a livestock waste lagoon may propose to the
Department to utilize alternative information source(s). The Department shall evaluate
the proposal; shall determine whether the alternative information source(s) will result in a
site investigation that will be at least as protective of the groundwater, surface water and
the structural integrity of the livestock waste management facility as would have resulted
from data resulting from soil borings; and shall notify the owner or operator of the
Department’s finding.
e) Notwithstanding the other requirements of this Subpart, if the site investigation
determines that the lagoon is to be located in the flood fringe of a 100-year floodplain,
the design of the lagoon shall include the additional requirements of Section 506.206 of
this Subpart.
f) If the results of the soil boring conducted pursuant to Section 506.202(b) of this Subpart
indicate the proposed lagoon is to be located in a karst area or if the proposed lagoon is to
be located within an area designated as “Sink hole areas” on “Karst Terrains and
Carbonate Rocks of Illinois”, IDNR-ISGS Illinois Map 8, the following requirements
shall be met:
1) The Department shall conduct a visual inspection of the surrounding area to
determine the presence of natural depressions during the pre-construction site
inspection as required pursuant to 8 Ill. Adm. Code 900.604(a). Construction
may not occur within 400 feet of a natural depression in a karst area; and
2) The Licensed Professional Engineer or Licensed Professional Geologist shall
evaluate the results of the soil boring conducted pursuant to subsection (b) of this
Section. If, as a result of the soil boring, a void of 1 foot or greater in vertical
distance is discovered, the following requirements shall be met:
A) The Department may require additional borings to determine the extent of
the void;
B) Notwithstanding the other requirements of this Subpart, the owner or
operator shall submit to the Department a plan for the design of the lagoon
that shall include the additional design requirements set forth in Section
506.207 of this Part and shall include any additional design requirements
deemed necessary by the Licensed Professional Engineer; and
C) The Department shall review and approve the plan required pursuant to
19
subsection (f)(2)(B) of this Section prior to construction. The Department
may also require additional design criteria before the plan is approved and
construction may begin.
If, as a result of the soil boring, no voids of 1 foot or greater in vertical distance
are discovered, the design shall include the additional requirements as set forth in
Section 506.207 of this Subpart.
g)e) The site investigation in accordance with subsection (b), (c), or (d), (e), or (f) of this
Section shall be conducted under the direction of a Licensed Professional Engineer or
Licensed Professional Geologist. Upon completion of the site investigation as required
under subsection (b), (c) or (d) of this Section, the supervising Licensed Professional
Engineer or Licensed Professional Geologist shall certify that the site investigation meets
all the applicable requirements of this Section, and whether aquifer material shall be
considered present (or not present) within 50 feet of the planned bottom of the lagoon in
accordance with Section 506.203 of this Part. Such certification shall include all
supporting data and justification.
(Source: Amended at 25 Ill. Reg. ___________, effective ________________________)
Section 506.203 Registration (Repealed)
a)
Prior to new construction or modification of ANY EARTHEN LIVESTOCK WASTE
LAGOON AFTER THE EFFECTIVE DATE OF this Part, such earthen livestock waste
lagoon SHALL BE REGISTERED BY THE OWNER OR OPERATOR WITH THE
DEPARTMENT ON A FORM PROVIDED BY THE DEPARTMENT in accordance
with the requirements of this Section. LAGOONS CONSTRUCTED PRIOR TO THE
EFFECTIVE DATE OF this Part MAY REGISTER WITH THE DEPARTMENT AT
NO CHARGE. [510 ILCS 77/15(b)]
b)
The registration form, accompanied by a $50 fee, shall include the following:
1)
NAME(S) AND ADDRESS(ES) OF THE OWNER AND OPERATOR WHO
ARE RESPONSIBLE FOR THE LIVESTOCK WASTE LAGOON;
2)
GENERAL LOCATION OF LAGOON;
3)
DESIGN CONSTRUCTION PLANS AND SPECIFICATIONS (including a
lagoon plot plan with dimensions and elevations);
4)
SPECIFIC LOCATION INFORMATION (noted on a facility site map or the
lagoon plot plan):
A)
The location and DISTANCE TO the nearest PRIVATE OR PUBLIC
POTABLE WELL;
B)
The location and DISTANCE TO THE CLOSEST OCCUPIED PRIVATE
20
RESIDENCE (OTHER THAN ANY OCCUPIED BY the OWNER OR
OPERATOR);
C)
The location and DISTANCE TO THE NEAREST STREAM;
D)
The location and DISTANCE TO THE NEAREST POPULATED AREA;
E)
The location and distance to the nearest abandoned or plugged well,
drainage well or injection well; and
F)
The location of any subsurface drainage lines within 100 feet of the
lagoon;
5)
ANTICIPATED BEGINNING AND ENDING DATES OF LAGOON
CONSTRUCTION;
6)
TYPE OF LIVESTOCK AND NUMBER OF ANIMAL UNITS;
7)
A certification by the supervising Licensed Professional Engineer or Licensed
Professional Geologist, accompanied by supporting justification and data,
certifying that the site investigation meets all the applicable requirements of
Section 506.202 of this Part, whether aquifer material is considered present (or
not present) within 50 feet of the planned bottom of the lagoon; and
8)
Where applicable, a copy of the synthetic liner manufacturer’s compatibility
statement and liner maintenance guidelines. [510 ILCS 77/15(b)]
c)
THE DEPARTMENT UPON RECEIPT OF A LIVESTOCK WASTE LAGOON
REGISTRATION FORM SHALL REVIEW THE FORM TO DETERMINE THAT ALL
REQUIRED INFORMATION HAS BEEN PROVIDED. THE PERSON FILING THE
REGISTRATION SHALL BE NOTIFIED WITHIN 15 WORKING DAYS of receipt by
the Department THAT REGISTRATION IS COMPLETE OR THAT CLARIFICATION
INFORMATION IS NEEDED. NO LATER THAN 10 WORKING DAYS AFTER THE
RECEIPT OF THE CLARIFICATION INFORMATION, THE DEPARTMENT SHALL
NOTIFY THE OWNER OR OPERATOR THAT REGISTRATION IS COMPLETE or
that additional clarification information is needed. [510 ILCS 77/15(b)]
d)
The Department may, as a condition of the issuance of a livestock waste lagoon
registration, conduct periodic site inspections of a livestock waste lagoon to assess its
degree of compliance with the requirements of the Livestock Management Facilities Act
[510 ILCS 77] and the requirements of this Part. THE PERSON MAKING ANY
INSPECTION SHALL COMPLY WITH REASONABLE ANIMAL HEALTH
PROTECTION PROCEDURES AS REQUESTED BY THE OWNER OR OPERATOR.
[510 ILCS 77/15(b)]
e)
CONSTRUCTION SHALL NOT BEGIN UNTIL 30 DAYS AFTER SUBMITTAL OF
A REGISTRATION FORM BY CERTIFIED MAIL TO THE DEPARTMENT. [510
ILCS 77/15(b)]
(Source: Repealed at 25 Ill. Reg. _________, effective __________________________.)
21
Section 506.204 Lagoon Design Standards
a) The owner or operator of
any livestock waste lagoon subject to
ANY LIVESTOCK
WASTE LAGOON SUBJECT TO this Subpart Part
shall construct or modify
SHALL
CONSTRUCT OR MODIFY the lagoon
in accordance with
IN ACCORDANCE WITH:
1) “
Design of anaerobic lagoons for animal waste management”
“DESIGN OF
ANAEROBIC LAGOONS FOR ANIMAL WASTE MANAGEMENT”, ASAE
Engineering Practice 403.1, as updated by ASAE Engineering Practice 403.2;
or
the guidelines published by the United States Department of Agriculture’s
Natural Resource Conservation Service titled “Waste Treatment Lagoon”,
which
are incorporated by reference in Section 506.104 of this Part 35 Ill. Adm. Code
506.104; and
2) The additional design standards specified in subsections (c) through (h) of this
Section. [510 ILCS 77/15(a)]
b)
The department may require changes in design or additional requirements to protect
groundwater, such as extra liner depth or synthetic liners, when it appears groundwater
could be impacted
. [510 ILCS 77/15(a)]
c) The owner or operator shall conduct a site investigation in accordance with Section
506.202 of this Part to determine if aquifer material is present (or not present) within 50
feet of the planned bottom of the lagoon.
d) The owner or operator shall, as a part of the lagoon design, include the use of a liner and
implement groundwater monitoring in accordance with following conditions:
1) If the uppermost aquifer material is located above or within 20 feet of the lowest
point of the planned lagoon bottom (as measured from the top of any proposed
liner), then the lagoon design shall include both a liner and groundwater
monitoring.
2) If the uppermost aquifer material is located between 20 to 50 feet from the lowest
point of the planned lagoon (as measured from the top of any proposed liner),
then the lagoon design shall include a liner, but no groundwater monitoring is
required.
3) If no aquifer material is located within 50 feet from the lowest point of the
planned lagoon (as measured from the top of any proposed liner), then the lagoon
design shall require neither a liner nor groundwater monitoring.
e) If the owner or operator determines that a liner is required for the lagoon pursuant to this
Section, the design of the lagoon shall include an in-situ soil liner, borrowed clay or
clay/bentonite mixture, or a synthetic liner meeting the requirements of Section 506.205
of this Part.
22
f) If the owner or operator determines that groundwater monitoring is required for the
lagoon pursuant to this Section, the design of the lagoon shall include the implementation
of a groundwater monitoring program in accordance with Section 506.206 of this Part
and 8 Ill. Adm. Code 900.Subpart F.
g) Any livestock waste lagoon subject to the provisions of this Part shall meet or exceed the
following:
1) Berm:
A) The minimum bermtop width shall be 8 feet;
B) The berm may contain no outlet piping that extends through the berm
unless the piping discharges to another lagoon or is a component of a
recirculating flush system;
2) Berm slope:
A) Exterior and normally exposed interior (above the liquid level elevation
corresponding to the summation of the sludge volumes and minimum
design volume) earthen walls shall have side slopes not steeper than a 3 to
1 ratio of horizontal to vertical and a vegetative cover shall be established
on any exposed berm areas and kept mowed or otherwise maintained to
eliminate erosion or other berm deterioration;
B) Interior berm earthen walls below the liquid level elevation corresponding
to the summation of the sludge volumes and minimum design volume
shall have side slopes not steeper than a 3 to 1 ratio of horizontal to
vertical; or a 2 to 1 ratio of horizontal to vertical if designed by a Licensed
Professional Engineer and maintained to eliminate berm deterioration;
3) The lagoon’s total design volume shall be not less than the volume calculated as
the summation of the following:
A) A minimum design volume, as calculated pursuant to subsection 5.4.1.1,
ASAE EP403.2, ASAE Standards 1998 1993, pp. 656-659 543-545;
B) A livestock waste volume, which that shall be sufficient to store the waste
generated by the facility for a period not less than 270 days as determined
in accordance with ASAE EP403.2, ASAE Standards 1998 1993, p. 656
543;
C) Runoff and wash down volumes generated during a 270-day period,
including all runoff and precipitation from, based on a 6-inch rainfall
covering the lagoon surface and any other areas such as open lots, roofs or
other surfaces where collected precipitation is directed into the lagoon,
plus the volume of any wash down liquids utilized within the facility that
which are also directed into the lagoon. In no case shall this volume be
less than the precipitation and runoff generated by a 25-year, 24-hour
23
storm event and directed to the lagoon; and
D) A sludge accumulation volume, as calculated pursuant to subsection
5.4.1.4, ASAE EP403.2, ASAE Standards 1998 1993, p. 658 545;
4) In addition to the lagoon’s total design volume, a freeboard shall be provided as
follows:
A) For lagoons serving a livestock management facility with a maximum
design capacity of less than 300 animal units and not collecting runoff
from areas other than the exposed surface of the lagoon (including
associated interior berm slopes and flat bermtop areas), the top of the
settled embankment shall be not less than 1 foot above the fluid surface
level of the lagoon total design volume; or
B) For all other lagoons, the top of the settled embankment shall be not less
than 2 feet above the fluid surface level of the lagoon total design volume;
5) Subsurface drainage lines in the immediate area of the livestock waste lagoon
shall be removed or relocated to provide for a minimum separation distance of not
less than 50 feet between the outermost extent of the lagoon (exterior toe of the
berm) and the subsurface drainage line;
6) The minimum separation distance between the outermost extent of a lagoon
(exterior toe of the berm) and any potential route of groundwater contamination,
as defined in the Illinois Environmental Protection Act [415 ILCS 5] shall be not
less than 100 feet. In addition, the minimum separation distance between the
outermost extent of a lagoon (exterior toe of the berm) and a non-potable well, an
abandoned or plugged well, drainage well or injection well shall be not less than
100 feet;
7) The design and construction of the lagoon shall include the installation of a
lagoon liquid level board or staff gauge within the interior of the liquid storage
volume. The liquid level board or staff gauge shall include a mark at the liquid
level elevation corresponding to the summation of the sludge volume and
minimum design volume and shall be designated as the “STOP PUMPING”
elevation. The liquid level board or staff gauge shall also be marked at the liquid
level elevation corresponding to the summation of the sludge volume, minimum
design volume, runoff and wash down volumes, and livestock waste volume and
shall be designated as the “START PUMPING” elevation;
8)
The livestock waste supply to a single-stage lagoon must be below the minimum
design volume level
[510 ILCS 77/25(b)(2)]; and
8)
Water shall be added to a newly constructed or modified lagoon to at least 60% of
the design volume prior to the initial addition of waste; and
9) The location of the lagoon and the associated livestock management facility shall
24
be in compliance with all setback provisions of the Illinois Environmental
Protection Act [415 ILCS 5], the Livestock Management Facilities Act [510 ILCS
77], and the rules promulgated thereunder.
h)
The owner or operator of the earthen livestock lagoon may, upon written request and
with
written
approval from the Department
,
modify or exceed these standards in order to
meet site specific objectives
. [510 ILCS 77/15(a)] The owner or operator shall
demonstrate that such modification shall be at least as protective of the groundwater,
surface water and the structural integrity of the livestock waste management facility as
the requirements of this Part. [510 ILCS 77/15(a)]
(Source: Amended at 25 Ill. Reg. __________, effective __________________________)
Section 506.205 Liner Standards
a) The design of a liner constructed from in-situ soils, borrowed clay or a clay/bentonite
mixture, or a synthetic liner pursuant to Section 506.204(d) of this Part shall comply with
the requirements of this Section.
b) A liner constructed using in-situ soil or borrowed clay or clay/bentonite mixtures shall
meet the following standards:
1) The minimum liner thickness shall be 2 feet;
2) The liner shall be constructed in lifts not to exceed 6 inches in compacted
thickness;
3) The liner shall be compacted to achieve a hydraulic conductivity equal to or less
than 1 x 10
-7
centimeters/second; and
4) The construction and compaction of the liner shall be carried out to reduce void
spaces and allow the liner to support the loadings imposed by the waste disposal
operation without settling.
c) Any synthetic liner used in the construction of a livestock waste lagoon shall meet the
following standards:
1) The liner shall be designed to perform equivalent to or better than a liner that
conforms to subsection (b) of this Section;
2) The liner manufacturer shall provide to the owner or operator the liner
maintenance guidelines and shall certify that the liner is chemically compatible
with:
A) The livestock waste being stored; and
25
B) The supporting soil materials;
3) The liner shall be supported by a compacted base free from sharp objects;
4) The liner shall have sufficient strength and durability to function at the site for the
design period under the maximum expected loadings imposed by the waste and
equipment and stresses imposed by settlement, temperature, construction and
operation;
5) The liner seams shall be made in the field according to the manufacturer's
specifications. All sections shall be arranged so that the use of field seams is
minimized and seams are oriented in the direction subject to the least amount of
stress; and
6) The owner or operator shall maintain a copy of the manufacturer’s compatibility
statement and liner installation and maintenance guidelines at the facility.
d) The design, construction and installation of the liner in accordance with this Section shall
be conducted under the direction of a Licensed Professional Engineer. Upon completion
of construction or installation of the liner, the supervising Licensed Professional Engineer
shall certify, pursuant to 8 Ill. Adm. Code 900.605(a), that the liner meets all the
applicable requirements of this Section. Such certification shall include all supporting
justification and data.
e) The owner or operator of a livestock waste lagoon shall submit to the Department a copy
of the Licensed Professional Engineer’s Certification prior to placing the lagoon in
service in accordance with 8 Ill. Adm. Code 900.605 Section 506.207 of this Part.
f)
The owner or operator of the earthen livestock lagoon may,
upon written request and
with
written
approval from the Department, modify or exceed these standards in order to
meet site specific objectives
. [510 ILCS 77/15(a)] The owner or operator shall
demonstrate that such modification shall be at least as protective of the groundwater,
surface water and the structural integrity of the livestock waste management facility as
the requirements of this Part. [510 ILCS 77/15(a)]
(Source: Amended at 25 Ill. Reg. _______, effective __________________________)
Section 506.206 Groundwater Monitoring
a) The owner or operator of any livestock waste lagoon required to implement groundwater
monitoring pursuant to Section 506.204(d) of this Part shall implement a monitoring
program that which meets the requirements of this Section and 8 Ill. Adm. Code
900.Subpart F.
b) The groundwater monitoring network shall consist of a minimum of three monitoring
wells located on the basis of local groundwater conditions within 20 feet of the exterior
26
toe of the berm. with At at least two of the required wells shall be located down gradient
of the lagoon based on local groundwater conditions. For the purposes of groundwater
monitoring network design, multiple cell lagoons shall be considered as a single lagoon.
c) The monitoring wells shall be installed in accordance with the following:
1) The requirements of the Illinois Water Well Construction Code at 77 Ill. Adm.
Code 920.170;
2) The top of the well screen shall be set at the estimated seasonal low water table
elevation;
3) Monitoring wells shall utilize a minimum of a five foot screened interval; and
4) The screen shall be set in a sand pack that extends at least one foot above and one
foot below the screened interval of no less than five feet and no greater than seven
feet.
d) The owner or operator shall sample the wells, analyze the samples, and report the results
in accordance with the requirements of 8 Ill. Adm. Code 900.Subpart F.
d)
Prior to placing the lagoon in service, water level measurements shall be made at each
monitoring well to establish the local groundwater gradient at the lagoon site.
e)
The owner or operator shall sample each monitoring well at least once prior to placing
the lagoon in service and at least quarterly thereafter. Water table level elevation
measurements shall be taken at each sampling event. The samples shall be collected and
analyzed consistent with the methods specified in Section 506.104(a)(1) and (5) (3) of
this Part for each of the following:
1)
Nitrate-nitrogen;
2)
Phosphate-phosphorous;
3)
Chloride;
4)
Sulfate;
5)
Ammonia-nitrogen;
6)
Escherichia coli or fecal coliform; and
7)
Fecal Streptococcus.
f)
The Department may collect and analyze samples or split samples from monitoring wells
installed pursuant to this Section at the Departments discretion. The Department shall
27
provide notice to the owner or operator of the livestock waste lagoon of such activity and
SHALL COMPLY WITH REASONABLE ANIMAL HEALTH PROTECTION
PROCEDURES
AS REQUESTED BY THE OWNER OR OPERATOR. [510 ILCS 77/15(b)]
g)
Analytical results as determined in subsection (e) of this Section shall be submitted to the
Department within 45 days after sample collection and shall include a discussion relative
to the significance of the results. Such discussion of significance shall include:
1)
A comparison of the results to the initial sampling made prior to the lagoon being
placed in service; and
2)
A description of any proposed response action necessary to mitigate potential
impacts to groundwater.
h)
The Department shall review the submittal provided pursuant to subsection (g) of this
Section, evaluate the proposed response action, and provide a time frame for the
correction of any identified deficiencies. As a result of the evaluation, the Department
may approve or modify the monitoring program or response action including, but not
limited to, the following:
1)
Increase or decrease the monitoring well sampling frequency;
2)
Add or delete items from the list of sample analytes; or
3)
Require changes to the design, construction or operation of the lagoon or changes
in the operation of the livestock management facility which shall be implemented
by the owner or operator within the time frame established by the Department.
i)
Failure of the owner or operator to submit the information required pursuant to
subsection (g) of this Section or to implement the response action approved or modified
by the Department shall be considered a failure to construct a lagoon in accordance with
the requirements of this Part and shall subject the owner or operator to penalties set forth
in this Part and the Livestock Management Facilities Act [510 ILCS 77].
e) j)
The owner or operator of the earthen livestock lagoon may,
upon written request and
with
written
approval from the department, modify or exceed these standards in order to
meet site specific objectives
. [510 ILCS 77/15(a)]The owner or operator shall
demonstrate that such modification shall be at least as protective of the groundwater,
surface water and the structural integrity of the livestock waste management facility as
the requirements of this Part. [510 ILCS 77/15(a)]
(Source: Amended at 25 Ill. Reg. _______, effective __________________________)
Section 506.207 Certification of Construction in a Karst Area
28
a)
A new earthen livestock waste lagoon constructed in a karst area shall be designed to
prevent seepage of the stored material to groundwater. Owners or operators of proposed
facilities shall consult with the local soil and water conservation district, the University
of Illinois cooperative extension service, or other local, county, or state resources
relative to determining the possible presence or absence of such areas
. [510 ILCS
77/15/(a-5)(2)]
b) Any lagoon subject to the provisions of this Subpart, constructed in a karst area, shall be
designed and constructed utilizing a rigid material such as concrete or steel.
c) The owner or operator of the earthen livestock lagoon may, upon written request and
with written approval from the Department, modify or exceed the standards of this
Section in order to meet site specific objectives. The owner or operator shall demonstrate
that such modification shall be at least as protective of the groundwater, surface water
and the structural integrity of the livestock waste management facility as the
requirements of this Part.
a)
THE DEPARTMENT SHALL INSPECT AN EARTHEN LIVESTOCK WASTE
LAGOON AT LEAST ONCE DURING THE PRE-CONSTRUCTION,
CONSTRUCTION or POST-CONSTRUCTION PHASE and SHALL REQUIRE
MODIFICATIONS WHEN NECESSARY to ensure the project will be in compliance
with the requirements of this Part. [510 ILCS 77/15(b)]
b)
Upon completion of construction or installation of a liner, the supervising Licensed
Professional Engineer shall certify that the liner meets all the applicable requirements of
Section 506.205 of this Part. Such certification shall be submitted to the Department
prior to placing the lagoon in service and shall include supporting data and justification.
c)
UPON COMPLETION OF THE CONSTRUCTION OR MODIFICATION, BUT PRIOR
TO PLACING THE LAGOON IN SERVICE, THE OWNER OR OPERATOR OF THE
LIVESTOCK WASTE LAGOON SHALL CERTIFY ON A FORM PROVIDED BY
THE DEPARTMENT THAT THE LAGOON HAS BEEN CONSTRUCTED OR
MODIFIED IN ACCORDANCE WITH THE STANDARDS SET FORTH IN
SUBSECTION (a) OF SECTION 15 of the Livestock Management Facilities Act [510
ILCS 77] and the requirements of this Part AND THAT THE INFORMATION
PROVIDED ON THE REGISTRATION FORM and other supporting documents as
required by this Part IS CORRECT. THE CERTIFICATION NOTICE TO THE
DEPARTMENT SHALL INCLUDE A CERTIFICATION STATEMENT AND
SIGNATURE. [510 ILCS 77/15(b)]
d)
THE OWNER OR OPERATOR OF THE LAGOON MAY PROCEED TO PLACE THE
LAGOON IN SERVICE NO EARLIER THAN 10 WORKING DAYS AFTER
SUBMITTING TO THE DEPARTMENT A CERTIFICATION OF COMPLIANCE
STATEMENT. [510 ILCS 77/15(b)]
(Source: Amended at 25 Ill. Reg. __________, effective _______________________)
29
Section 506.208 Failure to Register or Construct in Accordance with
StandardsConstruction in a Flood Fringe Area
A new earthen livestock waste lagoon may be constructed within the portion of a 100-year
floodplain that is within the flood fringe and outside the floodway provided that the facility is
designed and constructed so that livestock waste is not readily removed during flooding and
meets the requirements set forth in the Rivers, Lakes, and Streams Act
[615 ILCS 5]
, Section 5-
40001 of the Counties Code
[55 ILCS 5/5-40001]
, and executive order number 4 (1979)
. [510
ILCS 77/15(a-5)(1)] The following criteria shall be incorporated into the design of a lagoon
proposed for construction in the flood fringe of a 100-year floodplain:
a) The lagoon berms shall be designed and constructed to withstand the hydrostatic
pressures from flood waters that may be exerted on the berms during a flood event.
b) The elevation of the lowest point on the bermtop shall be at the summation of the
elevation of the 100-year flood plus a freeboard. The freeboard height shall be a
minimum of two feet.
c) For lagoons with unequal length and width dimensions, the lagoon shall be oriented with
the longest dimension parallel to the expected direction of floodwater flow.
d) Any monitoring wells installed pursuant to Section 506.206 of this Subpart shall be
mounted flush with the surrounding soil surface or otherwise physically protected from
the flood waters.
e) The owner or operator of the livestock waste handling facility may, upon written request
and with written approval from the Department, modify or exceed these standards in
order to meet site specific objectives. The owner or operator shall demonstrate that such
modification shall be at least as protective of the groundwater, surface water, and the
structural integrity of the livestock waste handling facility as the requirements of this
Part.
a)
THE OWNER OR OPERATOR OF ANY EARTHEN LIVESTOCK WASTE LAGOON
SUBJECT TO REGISTRATION THAT HAS NOT BEEN REGISTERED OR
CONSTRUCTED IN ACCORDANCE WITH STANDARDS SET FORTH IN
SUBSECTION (a) OF SECTION 15 of the Livestock Management Facilities Act [510
ILCS 77/15] and in this Part SHALL, UPON BEING IDENTIFIED AS SUCH BY THE
DEPARTMENT, BE GIVEN WRITTEN NOTICE BY THE DEPARTMENT TO
REGISTER AND CERTIFY THE LAGOON WITHIN 10 WORKING DAYS after
RECEIPT OF THE NOTICE. THE DEPARTMENT MAY INSPECT SUCH LAGOON
AND REQUIRE COMPLIANCE IN ACCORDANCE WITH SUBSECTIONS (a) AND
(b) of Section 15 of the Livestock Management Facilities Act [510 ILCS 77/15] and this
Part. IF THE OWNER OR OPERATOR OF THE LIVESTOCK WASTE LAGOON
THAT IS SUBJECT TO REGISTRATION FAILS TO COMPLY WITH THE NOTICE,
THE DEPARTMENT MAY ISSUE A CEASE AND DESIST ORDER UNTIL SUCH
30
TIME AS COMPLIANCE IS OBTAINED WITH THE REQUIREMENTS OF Section
15 of the Livestock Management Facilities Act [510 ILCS 77/15] and this Part.
FAILURE TO CONSTRUCT THE LAGOON IN ACCORDANCE WITH THE
CONSTRUCTION PLAN AND DEPARTMENT RECOMMENDATIONS IS A
BUSINESS OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN $5,000.
[510 ILCS 77/15(f)]
b)
If the owner or operator of the livestock waste lagoon that is subject to registration fails
to comply with the notice addressing violations occurring during lagoon construction, a
cease and desist order to stop construction may be issued by the Department. Changes
shall be made to the lagoon by the owner or operator to ensure construction according to
the provisions of the Livestock Management Facilities Act [510 ILCS 77] and this Part.
The cease and desist order shall be canceled by the Department upon submission of the
registration materials by the lagoon owner or operator to the Department, and after the
Department’s review of the construction plans and specifications and lagoon registration
materials, and after determination of compliance with the Livestock Management
Facilities Act and this Part by the Department.
c)
If the owner or operator of the livestock waste lagoon that is subject to registration fails
to comply with the notice addressing violations which occur after completion of lagoon
construction, an operational cease and desist order may be issued by the Department.
Any necessary changes shall be made to the lagoon by the lagoon owner or operator to
comply with the Livestock Management Facilities Act and this Part. The operational
cease and desist order shall be canceled by the Department after the Department
determines compliance with the Livestock Management Facilities Act and this Part.
(Source: Amended at 25 Ill. Reg. ___________, effective ______________________.)
Section 506.209 Lagoon Closure and Ownership Transfer (Repealed)
a)
WHEN ANY EARTHEN LIVESTOCK WASTE LAGOON IS REMOVED FROM
SERVICE, IT SHALL BE COMPLETELY EMPTIED. APPROPRIATE CLOSURE
PROCEDURES SHALL BE FOLLOWED AS DETERMINED BY the requirements of
this Part. [510 ILCS 77/15(e)]
1)
In the event that any earthen livestock waste lagoon is removed from service, the
requirements contained in Section 15(e) of the Livestock Management Facilities
Act [510 ILCS 77/15(e)] shall be met. The owner or operator shall notify the
Department in writing when a lagoon is removed from service. Within 60 days
after removal of the lagoon from service, the owner or operator shall submit a
lagoon closure plan to the Department for review and approval. If no lagoon
closure plan is received by the Department within 60 days, the Department shall
send the lagoon owner a notice of default.
2)
The lagoon closure plan shall provide for the following:
31
A)
The sampling, analysis and reporting of results of all remaining livestock
waste, sludge and minimum six-inch thickness of soil from throughout
the lagoon interior consistent with the requirements of Section 506.312 of
this Part;
B)
The removal of all remaining livestock waste including sludge, the
removal of a minimum 6 inch thickness of soil from throughout the
lagoon interior, and the application of these materials to crop land at
agronomic rates consistent with the provisions of the site livestock waste
management plan or their otherwise proper disposal;
C)
The removal of all associated appurtenances, including but not limited to
transfer lines, ramps, pumping ports and other waste conveyance
structures;
D)
The proper management of any impounded precipitation in the remaining
excavation if it is not immediately filled and the area immediately
returned to its pre-construction condition;
E)
The proper abandonment of any monitoring wells installed pursuant to
Section 506.206 of this Part, which shall be conducted pursuant to the
Illinois Water Well Construction Code at 77 Ill. Adm. Code 920.120; and
F)
A proposed time frame for the completion of the closure activities no
greater than two years from the cessation of operation date unless the
lagoon is maintained or serviced.
3)
The Department shall review and approve, reject, or request additional
information relative to the lagoon closure plan. THE DEPARTMENT MAY also
GRANT A WAIVER TO any of THE BEFORE-STATED CLOSURE
REQUIREMENTS THAT WILL PERMIT THE LAGOON TO BE USED FOR
AN ALTERNATIVE PURPOSE. [510 ILCS 77/15(e)]
4)
Upon completion of the lagoon closure activities as prescribed by the
Department-approved closure plan, the owner or operator shall notify the
Department. The Department shall conduct a site inspection and issue a written
notification of closure completion or inform the owner or operator of any
unresolved closure issues.
b)
A lagoon is considered removed from service when:
1)
The Department has ordered the lagoon removed from service under Section
506.620 of this Part;
2)
A tribunal of competent jurisdiction has ordered the lagoon closed or ordered the
owner or operator to cease operations;
32
3)
The lagoon no longer receives livestock waste and the lagoon is not being
serviced or maintained;
4)
The owner fails to extend the term for which evidence of financial responsibility
is shown as required in Section 506.602(b) of this Part; or
5)
The owner or operator informs the Department in accordance with subsection
(a)(1) of this Section that the lagoon has been removed from service.
c)
UPON A CHANGE IN THE OWNERSHIP OF A REGISTERED EARTHEN
LIVESTOCK WASTE LAGOON, THE new OWNER SHALL NOTIFY, in writing,
THE DEPARTMENT OF THE CHANGE WITHIN 30 WORKING DAYS OF THE
CLOSING OF THE TRANSACTION. [510 ILCS 77/15(e)]
(Source: Repealed at 25 Ill. Reg. __________, effective ________________________.)
Section 506.210 Secondary Containment
Notwithstanding any other requirement of this subpart or 8 Ill. Adm. Code 900, every earthen
livestock waste lagoon constructed pursuant to this subpart shall include the construction of a
secondary berm, filter strip, grass waterway, or terrace, or any combination of those, outside the
perimeter of the primary berm if an engineer licensed under the Professional Engineering
Practice Act of 1989 and retained by the registrant determines, with the concurrence of the
department, that construction of such a secondary berm or other feature or features is necessary
in order to ensure against a release of livestock waste from the lagoon that encroaches or is
reasonably expected to encroach upon land other than the land occupied by the livestock waste
handling facility of which the lagoon is a part; or that enters or is reasonably expected to enter
the waters of this state
;
or that enters or may reasonably be expected
to enter a natural depression
in a karst area and shall be so designed. [510 ILCS 77/15(a)] The following criteria shall be
incorporated into the design of a system utilized for secondary containment:
a) A grass waterway constructed, installed, or utilized for the purposes of this Section shall
meet or exceed the following:
1) A grass waterway shall be designed and constructed to transfer the maximum
expected flow rate of livestock waste that may reasonably be expected to be
released from the lagoon;
2) A grass waterway shall direct the flow of livestock waste away from the lagoon
berm to a filter strip, secondary berm, terrace, or combination of these; and
3) Vegetation shall be established and maintained to provide adequate ground cover.
b) A filter strip constructed, installed, or utilized for the purposes of this Section shall meet
33
or exceed the following:
1) A filter strip shall be designed and constructed to function at the maximum
expected hydraulic loadings that may reasonably be expected to come from the
lagoon; and
2) Vegetation shall be established and maintained to provide adequate ground cover.
c) A secondary berm constructed, installed, or utilized for the purposes of this Section shall
meet or exceed the following:
1) The storage volume created as a result of the construction of a secondary berm
shall be of sufficient capacity to contain the portion of the lagoon liquid that may
reasonably be expected to be released from the lagoon plus any accumulated
precipitation; and
2) A vegetative cover shall be established. The area shall be maintained by periodic
mowing, the removal of woody plant species, or other measures to prevent
erosion and berm deterioration.
d) A terrace constructed, installed, or utilized for the purposes of this Section shall meet or
exceed the following:
1) The terrace shall direct the livestock waste to a filter strip or grass waterway
constructed or installed pursuant to the requirements of this Section; and
2) Vegetation shall be established and maintained to provide adequate ground cover
on those portions of the terrace where crops are not grown.
e) The owner or operator of the earthen livestock lagoon may, upon written request and
with written approval from the Department, modify or exceed the standards of this
Section in order to meet site specific objectives. The owner or operator shall demonstrate
that such modification shall be at least as protective of the groundwater, surface water
and the structural integrity of the livestock waste management facility as the
requirements of this Part.
(Source: Added at 25 Ill. Reg. __________, effective _____________________.)
SUBPART C: STANDARDS FOR THE DESIGN AND CONSTRUCTION OF LIVESTOCK
WASTE HANDLING FACILITIES OTHER THAN LAGOONS WASTE
MANAGMENT PLAN
Section 506.301 PurposeApplicability
The applicability of this Subpart shall be as follows:
34
a) Sections 506.302, 506.310, 506.311, and 506.312 of this Subpart shall apply to the newly
constructed livestock waste handling components of new livestock waste handling
facilities, other than livestock waste lagoons, the design of which has not been approved
by the Department prior November 15, 2001.
b) Sections 506.303, 506.304, 506.305, 506.306, 506.307, 506.308, and 506.309 of this
Subpart shall apply to the newly constructed livestock waste handling components of
new or existing livestock waste handling facilities, other than livestock waste lagoons,
the design of which has not been approved by the Department prior to November 15,
2001.
The standards and specifications for livestock waste handling facility design and construction
contained in this Subpart shall be utilized in the design plans and construction of the waste
handling facility in accordance with the requirements of 8 Ill. Adm. Code 900.Subpart E.
Livestock waste management plans shall be prepared by livestock management facility owners
or operators to provide for adequate land area for the proper application of livestock waste at
rates not to exceed the agronomic nitrogen DEMAND OF THE CROPS TO BE GROWN
WHEN AVERAGED OVER A 5-YEAR PERIOD [510 ILCS 77/20(f)(4)].
(Source: Amended at 25 Ill. Reg. _________, effective _______________________.)
Section 506.302 Scope and ApplicabilitySite Investigation
a) The owner or operator of a livestock waste handling facility shall conduct a site
investigation in accordance with the requirements of this Section to determine the
following:
1) Whether aquifer material is considered present (or not present) within 5 feet of
the planned bottom of the livestock waste handling facility;
2) Whether the proposed facility is to be located within the floodway or flood fringe
of a 100-year floodplain; and
3) Whether the proposed facility is to be located within a karst area or within 400
feet of a natural depression in a karst area.
b) Except for facilities that are proposed to be located within an area designated as “Sink
hole areas” on “Karst Terrains and Carbonate Rocks of Illinois”, IDNR-ISGS Illinois
Map 8, the owner or operator shall obtain soil samples from within the final livestock
waste handling facility area or within 20 feet of the livestock waste handling facility
boundaries. The sampling shall be performed to determine the presence of aquifer
material or karstified carbonate bedrock as follows:
1) The soil sampling shall begin at the soil surface and extend to a depth that
includes a minimum of 5 feet below the planned bottom of the livestock waste
35
handling facility native soil or to bedrock;
2) If bedrock is encountered, additional soil samplings may be necessary to verify
the presence of aquifer material or karstified carbonate bedrock;
3) Continuous samples shall be recovered from each soil sampling; and
4) Upon completion, any boring used for sampling shall be properly abandoned and
sealed pursuant to the Illinois Water Well Construction Code at 77 Ill. Adm. Code
920.120. Any excavation used for sampling that is within the construction
boundaries of the livestock management facility or livestock waste handling
facility shall be restored by the addition of soil compacted in lifts no greater than
6 inches.
c) If the Department determines that additional soil samplings are necessary to ensure the
protection of the groundwater, surface water or the structural integrity of the livestock
waste handling facility, the Department shall require additional soil samplings.
d) As an alternative to performing the soil sampling required under subsection (b) or (c) of
this Section, the owner or operator of the livestock waste handling facility may propose
to the Department to utilize alternative information source(s). The Department shall
evaluate the proposal; determine whether the alternative information source(s) will result
in a site investigation that will be at least as protective of the groundwater, surface water
and the structural integrity of the livestock waste handling facility as would have resulted
from data resulting from soil borings; and notify the owner or operator of the
Department’s finding.
e) Notwithstanding the other requirements of this Subpart, if aquifer material is located
above or within 5 feet of the lowest point of the livestock waste handling facility, the
design of the facility shall include the additional requirements of Section 506.310 of this
Subpart.
f) Notwithstanding the other requirements of this Subpart, if the site investigation
determines that the livestock waste handling facility is to be located in the flood fringe of
a 100-year floodplain, the design of the facility shall include the additional requirements
of Section 506.311 of this Subpart.
g) If the proposed livestock waste handling facility is to be located within an area
designated as “Sink hole areas” on “Karst Terrains and Carbonate Rocks of Illinois”,
IDNR-ISGS Illinois Map 8 or if the results of the soil sampling conducted pursuant to
Section 506.302(b) of this Subpart indicate the proposed livestock waste handling facility
is to be located in a karst area, the following requirements shall be met:
1) The Department shall conduct a visual inspection of the surrounding area to
determine the presence of natural depressions during the pre-construction site
inspection as required pursuant to 8 Ill. Adm. Code 900.505(a). Construction
36
may not occur within 400 feet of a natural depression in a karst area;
2) The owner or operator shall perform one or more soil borings that shall be located
within the final livestock waste handling facility area or within 20 feet of the
livestock waste handling facility boundaries to determine the presence of voids.
The boring shall begin at the soil surface and extend to a depth that includes a
minimum of 20 feet below the planned bottom of the livestock waste handling
facility;
3) Continuous samples shall be recovered from each boring;
4) The Licensed Professional Engineer, Licensed Professional Geologist, or USDA-
NRCS representative designated to perform such functions shall evaluate the
results of the soil boring. If a void of 1 foot or greater in vertical distance is
discovered from the soil boring performed pursuant to subsection (g)(2) of this
Section, the following requirements shall be met:
A) The Department may require additional borings to determine the extent of
the void;
B) Notwithstanding the other requirements of this Subpart, the owner or
operator shall submit to the Department a plan for the design of the facility
that shall include the additional design requirements set forth in Section
506.312 of this Part and shall include any additional design requirements
deemed necessary by the Licensed Professional Engineer; and
C) The Department shall review and approve the plan required pursuant to
subsection (g)(4)(B) of this Section prior to construction. The Department
may also require additional design criteria before the plan is approved and
construction may begin.
If, as a result of the soil boring, no voids of 1 foot or greater in vertical distance
are discovered, the design shall include the additional requirements set forth in
Section 506.312 of this Subpart.
5) Upon completion of the boring(s) required pursuant to subsection (g) of this
Section, the boring(s) shall be properly abandoned and sealed pursuant to the
Illinois Water Well Construction Code at 77 Ill. Adm. Code 920.120.
h) The site investigation in accordance with subsections (b), (c), (d), (e), (f), and (g) of this
Section shall be conducted under the direction of a Licensed Professional Engineer, a
Licensed Professional Geologist, or a representative of the USDA-NRCS designated to
perform such functions.
a)
A waste management plan shall be prepared according to the requirements contained in
Section 20 of the Livestock Management Facilities Act [510 ILCS 77/20] and in this
Subpart. THE APPLICATION OF LIVESTOCK WASTE TO THE LAND IS AN
ACCEPTABLE, RECOMMENDED, AND ESTABLISHED PRACTICE IN ILLINOIS.
37
HOWEVER, WHEN LIVESTOCK WASTE IS NOT APPLIED IN A RESPONSIBLE
MANNER, IT MAY CREATE POLLUTIONAL PROBLEMS. IT SHOULD BE
RECOGNIZED THAT, IN MOST CASES, IF THE AGRONOMIC NITROGEN RATE
IS MET, THE PHOSPHORUS APPLIED WILL EXCEED THE CROP
REQUIREMENTS, BUT NOT ALL OF THE PHOSPHORUS MAY BE AVAILABLE
FOR USE BY THE CROP. IT WILL BE CONSIDERED ACCEPTABLE,
THEREFORE, TO PREPARE AND IMPLEMENT A WASTE MANAGEMENT PLAN
BASED ON THE NITROGEN RATE. [510 ILCS 77/20(f)]
b)
THE LIVESTOCK MANAGEMENT FACILITY OWNER OR OPERATOR AT A
FACILITY OF LESS THAN 1,000 ANIMAL UNITS SHALL NOT BE REQUIRED TO
PREPARE AND MAINTAIN A WASTE MANAGEMENT PLAN. [510 ILCS
77/20(b)]
c)
THE LIVESTOCK MANAGEMENT FACILITY OWNER OR OPERATOR AT A
FACILITY OF 1,000 OR GREATER ANIMAL UNITS BUT LESS THAN 7,000
ANIMAL UNITS SHALL PREPARE, maintain and implement a waste management
plan and comply with the following: [510 ILCS 77/20(c)]
1)
For facilities which commence operations or reach or exceed 1,000 animal units
after the effective date of this Part, the owner or operator shall prepare, maintain,
and implement a waste management plan within 60 working days after
commencing operations or exceeding 1,000 animal units;
2)
Prior to the expiration of the waste management plan preparation period, the
owner or operator shall submit to the Department a form certifying that a waste
management plan has been prepared. The form shall also list the location of the
plan;
3)
The waste management plan and records of livestock waste disposal shall be kept
on file at the facility for a period of three years and shall be available for
inspection by Department personnel during normal business hours; and
4)
NOTWITHSTANDING the above provisions, A LIVESTOCK MANAGEMENT
FACILITY SUBJECT TO THIS SUBSECTION (c) MAY BE OPERATED ON
AN INTERIM BASIS BUT NOT TO EXCEED 6 MONTHS AFTER THE
EFFECTIVE DATE OF this Part TO ALLOW FOR THE OWNER OR
OPERATOR OF THE FACILITY TO DEVELOP A WASTE MANAGEMENT
PLAN. [510 ILCS 77/20(c)]
d)
THE LIVESTOCK MANAGEMENT FACILITY OWNER OR OPERATOR AT A
FACILITY OF 7,000 OR GREATER ANIMAL UNITS SHALL PREPARE,
MAINTAIN, implement, AND SUBMIT TO THE DEPARTMENT THE WASTE
MANAGEMENT PLAN FOR APPROVAL [510 ILCS 77/20(d)] and comply with the
following:
1)
For facilities which commence operations after the effective date of this Part, the
38
owner or operator shall submit a waste management plan to the Department. The
facility shall not commence operation before the Department approves the plan;
2)
For existing facilities that reach or exceed 7,000 animal units through expansion,
the owner or operator shall submit to the Department a waste management plan
within 60 working days after reaching or exceeding 7,000 animal units for
approval by the Department; and
3)
The waste management plan and records of livestock waste disposal shall be kept
on file at the facility for a period of three years and shall be available for
inspection by Department personnel during normal business hours.
e)
A separate waste management plan shall be developed for each livestock waste handling
facility. Livestock waste from each different type of livestock waste storage structure or
system shall be accounted for in separate waste management plans or as separate sections
of one plan. Waste from different types of storage structures may be applied to the same
land provided that the nitrogen rate to obtain targeted crop yield goals is not exceeded.
f)
Notwithstanding the above provisions, a facility owner or operator who prepared a waste
management plan pursuant to the emergency amendment adopted in R97-14 at 20 Ill.
Reg. 14903, effective October 31, 1996 and the emergency rules adopted in R97-14 at 21
Ill. Reg. 4313, effective March 31, 1997, shall be deemed to have prepared a waste
management plan pursuant to this Subpart.
g)
For the purposes of this Subpart, the number of animal units served by a livestock waste
handling facility shall be determined as the maximum design capacity of the livestock
management facility which is being served by the livestock waste handling facility.
(Source: Amended at 25 Ill. Reg. _________, effective _______________________.)
Section 506.303 Waste Management Plan ContentsNon-lagoon Livestock Waste Storage
Volume Requirements
a) Livestock waste handling facilities
that handle waste in a liquid or semi-solid form shall
be designed to contain a volume of not less than the amount of waste generated during
150 days of facility operation at design capacity
. [510 ILCS 77/13(a)(1)(B)] In addition,
the design and volume of livestock waste storage structures that handle waste in a liquid
or semi-solid form shall include the following:
1) Runoff volumes generated during a 150-day period, including all runoff and
precipitation from lots, roofs and other surfaces where precipitation is directed
into the storage structure. In no case shall this volume be less than the
precipitation and runoff generated by a 25-year, 24-hour storm event and directed
to the livestock waste handling facility;
2) The volume of all wash down liquid generated during the 150-day period that is
39
directed into the livestock waste handling facility; and
3) A freeboard of 2 feet, except for structures with a cover or otherwise protected
from precipitation.
b) Livestock waste handling facilities that handle waste in a solid form
shall be sized to
store not less than the amount of waste generated during 6 months of facility operation at
design capacity
. [510 ILCS 77/14(a)(4)]
c) Pump stations, settling tanks, pumps, piping, or other components of a livestock waste
handling facility that temporarily hold or transport waste to a storage facility sized
pursuant to this Section shall be exempt from the storage volume requirements of this
Section.
d) The design of any livestock waste storage structure required to incorporate a freeboard
pursuant to subsection (a) of this Section shall include a liquid level board or staff gauge.
The liquid level board or staff gauge shall include a mark corresponding to the
summation of the livestock waste volume and the additional wash down volume pursuant
to subsection (a) of this Section, and shall be designated as the “START PUMPING”
elevation.
The Livestock Waste Management Plan shall contain the following items:
a)
Name, address, and phone number of the owner(s) of the livestock facility;
b)
Name, address, and phone number of the manager or operator if different than the
owner(s);
c)
Address, phone number, and plat location of the facility, and directions from nearest post
office;
d)
Type of waste storage for the facility;
e)
Species, general size, number of animals, and number of animal units at the facility;
f)
Aerial photos and maps outlining fields available and intended for livestock waste
applications with available acreage listed and with residences, non-farm businesses,
common places of assembly, streams, wells, waterways, lakes, ponds, rivers, drainage
ditches, and other water sources indicated;
g)
For application fields not owned or rented, copies of waste application agreements
between the owner or operator of the livestock facility and the owner of the land where
livestock waste will be applied;
h)
AN ESTIMATE OF THE VOLUME OF WASTE TO BE DISPOSED OF ANNUALLY
[510 ILCS 77/20(f)(1)];
40
i)
Cropping schedule for each field for the past year, anticipated crops for the current year,
and anticipated crops for the next two years after the current year;
j)
Targeted crop yield goal for each crop in each field;
k)
Estimated nutrient content of the livestock waste;
l)
Livestock waste application methods;
m)
Calculations showing the following:
1)
Amount of available livestock waste for application;
2)
Amount of nitrogen available for application;
3)
Nitrogen loss due to method of application;
4)
Amount of plant-available nitrogen including mineralization of organic nitrogen;
5)
Amount of nitrogen required by each crop in each field based on targeted crop
yield goal;
6)
Nitrogen credits from previous crops, from other sources of fertilizer applied for
the growing season, and from any manure applications during the previous three
years for each application field;
7)
Livestock waste application rate based on nitrogen for each application field; and
8)
Land area required for application;
n)
A listing of fields and the planned livestock waste application amounts for each field;
o)
A PROVISION THAT LIVESTOCK WASTE APPLIED WITHIN 1/4 MILE OF ANY
RESIDENCE NOT PART OF THE FACILITY SHALL BE INJECTED OR
INCORPORATED ON THE DAY OF APPLICATION. HOWEVER, LIVESTOCK
MANAGEMENT FACILITIES AND LIVESTOCK WASTE HANDLING FACILITIES
THAT HAVE IRRIGATION SYSTEMS IN OPERATION PRIOR TO May 21, 1996,
OR EXISTING FACILITIES APPLYING WASTE ON FROZEN GROUND ARE NOT
SUBJECT TO THE PROVISIONS OF THIS subsection (o) [510 ILCS 77/20(f)(5)];
p)
A PROVISION THAT LIVESTOCK WASTE MAY NOT BE APPLIED WITHIN 200
FEET OF SURFACE WATER UNLESS THE WATER IS UPGRADE OR THERE IS
ADEQUATE DIKING AND WASTE WILL NOT BE APPLIED WITHIN 150 FEET
OF POTABLE WATER SUPPLY WELLS [510 ILCS 77/20(f)(6)];
41
q)
PROVISION THAT LIVESTOCK WASTE MAY NOT BE APPLIED IN A 10-YEAR
FLOOD PLAIN UNLESS THE INJECTION OR INCORPORATION METHOD OF
APPLICATION IS USED [510 ILCS 77/20(f)(7)];
r)
A PROVISION THAT LIVESTOCK WASTE MAY NOT BE APPLIED IN
WATERWAYS. For the purposes of this Part, a grassed area serving as a waterway may
receive livestock waste through an irrigation system if there is no runoff, the distance
from applied livestock waste to surface water is greater than 200 feet, the distance from
applied livestock waste to potable water supply wells is greater than 150 feet; the
distance from applied livestock waste to a non-potable well, an abandoned or plugged
well, a drainage well, or an injection well is greater than 100 feet; and precipitation is not
expected within 24 hours [510 ILCS 77/20(f)(8)];
s)
A PROVISION THAT IF WASTE IS SPREAD ON FROZEN OR SNOW-COVERED
LAND, THE APPLICATION WILL BE LIMITED TO LAND AREAS ON WHICH:
1)
LAND SLOPES ARE 5% OR LESS; OR
2)
ADEQUATE EROSION CONTROL PRACTICES EXIST [510 ILCS
77/20(f)(9)];
t)
For livestock facilities utilizing an earthen lagoon or other earthen waste storage
structure, a provision that the owner, operator, or certified livestock manager shall
inspect all berm tops, exterior berm sides, and non-submerged interior berm sides for
evidence of erosion, burrowing animal activity, and other indications of berm
degradation on a frequency of not less than once every two weeks; and
u)
A provision that livestock waste may not be applied during a rainfall or to saturated soil
and that conservative waste loading rates will be used in the case of a high water table or
shallow earth cover to fractured bedrock. Caution should be exercised in applying
livestock wastes, particularly on porous soils, so as not to cause nitrate or bacteria
contamination of groundwaters.
(Source: Amended at 25 Ill. Reg. ________, effective ________________________.)
Section 506.304 Livestock Waste VolumesGeneral Design and Construction Standards
a) Livestock waste handling facilities shall be designed and constructed according to the
following requirements:
1) Storage and transport surfaces, other than those constructed of concrete, intended
to come into contact with livestock waste shall be constructed or installed to
achieve a hydraulic conductivity equal to or less than 1 x 10
-7
centimeters per
second.
2) Storage and transport surfaces constructed of concrete and intended to come into
42
contact with livestock waste shall be constructed or installed to achieve a
hydraulic conductivity equal to or less than 1 x 10
-6
centimeters per second.
3) Notwithstanding subsection (a)(1) of this Section, storage and transport surfaces
constructed at enclosed livestock waste handling facilities intended to house
poultry that come into contact with livestock waste that is in dry or solid form
shall be constructed or installed to achieve a hydraulic conductivity equal to or
less than 1 x 10
-6
centimeters per second.
4) The livestock waste handling facility shall withstand, at a minimum, the following
loads:
A) Lateral loads due to soil and equipment, which shall be obtained from
Table 2 of the MidWest Plan Service Concrete Manure Storages
Handbook, MWPS-36;
B) Lateral loads due to livestock waste scraping and handling equipment;
C) Lateral and vertical loads due to the handling and storage of livestock
waste;
D) Vertical loads on tank tops, slats, and other horizontal surfaces, which
shall be obtained from Table 3 of the MidWest Plan Service Concrete
Manure Storages Handbook, MWPS-36; and
E) Vertical loads due to mobile equipment, stationary equipment, and
structures housing the livestock.
5) The construction materials shall be chemically compatible with the livestock
waste being handled and stored and the supporting soil materials.
6) The livestock waste handling facility shall be designed and constructed to prevent
erosion and damage resulting from the transport, handling, and storage of
livestock waste.
7) Existing subsurface drainage lines in the immediate area of the livestock waste
handling facility shall be removed or relocated to provide for a minimum
separation distance of not less than 50 feet between the outermost extent of the
livestock waste handling facility and the subsurface drainage line.
8) The minimum separation distance between the outermost extent of the livestock
waste handling facility and any potential route of groundwater contamination, as
defined in the Illinois Environmental Protection Act [415 ILCS 5], shall be not
less than 100 feet. In addition, the minimum separation distance between the
outermost extent of the livestock waste handling facility and a non-potable well,
an abandoned or plugged well, drainage well, or injection well shall be not less
43
than 100 feet.
9) The design and construction of livestock waste handling facilities shall include a
backflow prevention device to prevent siphoning or gravity flow of livestock
waste in the opposite direction of intended use.
b) In addition to the requirements listed in this Section, livestock waste handling facilities
shall be designed and constructed pursuant to the following:
1) Concrete livestock waste storage tanks shall be designed and constructed in
accordance with MidWest Plan Service Concrete Manure Storages Handbook,
MWPS-36, or, in the case of circular concrete tanks, Circular Concrete Manure
Tanks, MWPS TR-9.
2) Components of livestock waste handling facilities that temporarily hold or
transport waste for the purpose of liquid and solid separation, including but not
limited to settling basins and settling tanks, shall be designed and constructed in
accordance with MidWest Plan Service Livestock Waste Facilities Handbook,
MWPS-18, or NRCS Waste Storage Structure, IL313.
3) Components of livestock waste handling facilities holding semi-solid waste,
including but not limited to picket dam structures, shall be designed and
constructed in accordance with MidWest Plan Service Livestock Waste Facilities
Handbook, MWPS-18, or similar standards used by the USDA-NRCS.
4) Components of livestock waste handling facilities holding solid waste, including
but not limited to temporary manure stacks, shall be designed and constructed in
accordance with MidWest Plan Service Livestock Waste Facilities Handbook,
MWPS-18 or similar standards used by the USDA-NRCS, including but not
limited to Waste Storage Structure, IL313.
5) Holding ponds used for the storage of livestock feedlot run-off and waste storage
ponds shall be designed and constructed in accordance with MidWest Plan
Service Livestock Waste Facilities Handbook, MWPS-18, or similar standards
used by the USDA-NRCS, including but not limited to Waste Holding Pond,
IL425.
c) In areas where the seasonal high water table may encroach upon the bottom of the livestock
waste storage structure, a perimeter foundation drainage tubing shall be installed as follows:
1) The drainage tubing must be located at a horizontal distance that provides
sufficient drainage to maintain the water table elevation below the bottom of the
footings.
2) The tubing shall drain freely to a surface water outlet or other subsurface drainage
outlet.
44
3) The tubing must include a sampling port to allow the monitoring, sampling, and
reporting of any discharge from the tubing in accordance with the requirements of
8 Ill. Adm. Code 900.Subpart E.
4) The owner or operator shall take necessary measures to divert the discharge from
the drainage tubing, away from surface water, if monitoring results pursuant to
subsection (c)(3) of this Section indicate that the tubing is discharging livestock
waste. Such measures shall include, but not be limited to, diverting the flow to
crop production area naturally lower in elevation than the livestock facility, or
providing a manhole with a gate valve that could be closed in an emergency.
d) The owner or operator of the livestock waste handling facility may, upon written request
and with written approval from the Department, modify or exceed these standards in
order to meet site specific objectives. The owner or operator shall demonstrate that such
modification shall be at least as protective of the groundwater, surface water, and the
structural integrity of the livestock waste handling facility as the requirements of this
Part.
The volume of available livestock waste for application, as required in Section 506.303(m)(1) of
this Part, shall be determined from site specific measurements of the waste storage structure.
Calculations and a description of the volume determination shall be included in the waste
management plan.
(Source: Amended at 25 Ill. Reg. _________, effective _____________________.)
Section 506.305 Nutrient Content of Livestock WasteAdditional Concrete Design and
Construction Standards
a) In addition to the requirements set forth in Section 506.304 of this Subpart, the design
and construction of concrete components of livestock waste handling facilities shall meet
the following requirements:
1) Construction joints shall be incorporated into the concrete in accordance with the
design guidance provided in MidWest Plan Service Concrete Manure Storages
Handbook, MWPS-36, or, in the case of circular concrete tanks, Circular
Concrete Manure Tanks, TR-9;
2) Water stops shall be incorporated into construction joints in accordance with the
design guidance provided in MidWest Plan Service Concrete Manure Storages
Handbook, MWPS-36, or, in the case of circular concrete tanks, Circular
Concrete Manure Tanks, TR-9;
3) Concrete minimum compressive strength requirements shall be in accordance
with the design guidance provided in Table 28 of MidWest Plan Service Concrete
Manure Storages Handbook, MWPS-36, or, in the case of circular concrete tanks,
45
Table 1 of Circular Concrete Manure Tanks, TR-9; and
4) The strength, cover, and bending requirements for concrete reinforcement shall be
in accordance with the design guidance provided in Table 1 of MidWest Plan
Service Concrete Manure Storages Handbook, MWPS-36, or, in the case of
circular concrete tanks, Circular Concrete Manure Tanks, TR-9.
b) The owner or operator of the livestock waste handling facility may, upon written request
and with written approval from the Department, modify or exceed these standards in
order to meet site specific objectives. The owner or operator shall demonstrate that such
modification shall be at least as protective of the groundwater, surface water, and the
structural integrity of the livestock waste handling facility as the requirements of this
Part.
a)
For new facilities without a waste management plan or facilities where a waste
management plan is being initially prepared pursuant to this Part, the owner or operator
shall obtain the nitrogen content of the livestock waste, as required in Section
506.303(m)(2) of this Part, from the results of a laboratory analysis of livestock waste
samples from the waste storage facility, or from estimated values provided by the
University of Illinois Cooperative Extension Service or the Natural Resources
Conservation Service of the United States Department of Agriculture.
b)
The livestock waste handling facility owner or operator shall annually obtain a laboratory
analysis of the nutrient content of the livestock waste to be applied to land as provided
within the waste management plan. Livestock waste shall be sampled during the
application process. Multiple subsamples shall be obtained and may be combined into
one sample for analysis so that a representative sample is used for preparation of the
waste management plan. A sample taken during waste application the previous year can
be used as a representative sample of the waste to be applied the following year unless
there has been a change in the waste management practices.
c)
Livestock waste sampling shall be performed under the direction of a certified livestock
manager to ensure a representative sample from the livestock waste storage facility and
to preserve the integrity of the sample.
d)
The laboratory analysis of the livestock waste sample shall include, but not be limited to,
total nitrogen, ammonium nitrogen, total phosphorus, and total potassium. Results of the
analysis shall be included in the waste management plan.
(Source: Amended at 25 Ill. Reg. _________, effective _________________________.)
Section 506.306 Adjustments to Nitrogen AvailabilityAdditional Metal Design and
Construction Standards
a) In addition to the requirements set forth in Section 506.304 of this Subpart, the design
and construction of metal components of livestock waste handling facilities shall meet
46
the following requirements:
1) All metal surfaces shall be protected by a corrosion resistance system;
2) Concrete footings and bases shall meet the strength and load requirements set
forth in Sections 506.304 and 506.305 of this Subpart;
3) The connection of dissimilar metals shall be minimized; and
4) Metal components of livestock waste handling facilities shall be constructed or
installed according to the manufacturer’s specifications and guidelines.
b) The owner or operator of the livestock waste handling facility may, upon written request
and with written approval from the Department, modify or exceed the standards of this
Section in order to meet site specific objectives. The owner or operator shall demonstrate
that such modification shall be at least as protective of the groundwater, surface water,
and the structural integrity of the livestock waste handling facility as the requirements of
this Part.
Adjustments shall be made to nitrogen availability to account for nitrogen loss from livestock
waste due to method of application, as required in Section 506.303 (m) (3), and to account for
the conversion of organic nitrogen into a plant available form, as required in Section 506.303
(m) (4) of this Part.
(Source: Amended at 25 Ill. Reg. ________, effective _______________________.)
Section 506.307 Targeted Crop Yield GoalAdditional Earthen Material Design and
Construction Standards
a) In addition to the requirements set forth in Section 506.304 of this Subpart, the design
and construction of earthen components of livestock waste handling facilities shall meet
the following requirements:
1) The construction and compaction of the earthen component shall be carried out to
reduce void spaces and allow the earthen component to support the loadings
imposed by the livestock waste without settling;
2) The minimum top width of any berm incorporated into the design of any earthen
component shall be 8 feet; and
3) Walls incorporated into the design of an earthen component shall have side slopes
not steeper than a 2.5 to 1 ratio of horizontal to vertical.
b) The floor of enclosed deep bedded livestock systems and poultry litter systems that handle
waste in dry or solid form, and utilize an earthen base shall be constructed to achieve a
hydraulic conductivity of equal to or less than 1 x 10
-7-
centimeters per second.
47
c) The owner or operator of the livestock waste handling facility may, upon written request
and with written approval from the Department, modify or exceed these standards in
order to meet site specific objectives. The owner or operator shall demonstrate that such
modification shall be at least as protective of the groundwater, surface water, and the
structural integrity of the livestock waste handling facility as the requirements of this
Part.
a)
The targeted crop yield goal, as required in Section 506.303(m)(5) of this Part, shall be
determined for each field where the livestock waste is to be applied. The targeted crop
yield goal shall be determined by obtaining an average yield over a five-year period from
the field where livestock waste is to be applied. The following listing of sources of data
shall be utilized to determine the targeted crop yield goal.
1)
Proven yields. The proven yield shall be determined by obtaining an average
yield over a five-year period from the field where livestock waste is to be applied.
The owner or operator shall indicate the method used to determine the proven
yield. Data from years with crop disasters may be discarded. Proven yields shall
be used unless there is a sound agronomic basis for predicting a different targeted
crop yield goal;
2)
Crop insurance yields. A copy of the crop insurance yields shall be included in
the plan; or
3)
Farm Service Agency - United States Department of Agriculture yields. A copy
of the assigned crop yields shall be included in the plan.
b)
Soils based yield data from the Natural Resources Conservation Service of the United
States Department of Agriculture shall be used if the owner or operator cannot obtain a
targeted crop yield goal pursuant to subsection (a) of this Section. A soil map of the
application areas shall be included in the plan. The targeted crop yield goal shall be
determined by a weighted average of the soil interpretation yield estimates for the areas
that will receive livestock waste.
(Source: Amended at 25 Ill. Reg. ___________, effective ______________________.)
Section 506.308 Additional Synthetic Material Design and Construction Standards
a) In addition to the requirements set forth in Section 506.304 of this Subpart, the design
and construction of synthetic components of livestock waste handling facilities shall meet
the following requirements:
1) The synthetic material shall be supported by a compacted base free from sharp
objects;
2) The use of field seams shall be minimized. All field seams shall be made
according to the manufacturer's specifications and oriented in the direction subject
48
to the least amount of stress;
3) The synthetic material shall be resistant to or otherwise protected from damage
from construction or operation and degradation by ultraviolet light;
4) Synthetic components shall be designed for use in livestock waste handling
facilities and shall be installed according to the manufacturer’s specifications and
guidelines;
5) The liner shall be chemically compatible with the livestock waste being handled
and stored and the supporting soil materials; and
6) The liner shall have sufficient strength and durability to function at the site under
the maximum expected loadings imposed by the waste and equipment and
stresses imposed by settlement, temperature, construction, and operation.
b) The owner or operator of the livestock waste handling facility may, upon written request
and with written approval from the Department, modify or exceed these standards in
order to meet site specific objectives. The owner or operator shall demonstrate that such
modification shall be at least as protective of the groundwater, surface water, and the
structural integrity of the livestock waste handling facility as the requirements of this
Part.
(Source: Added at 25 Ill. Reg. _________, effective _________________________.)
Section 506.309 Nitrogen CreditsAdditional Wooden Material Design and Construction
Standards
a) In addition to the requirements set forth in Section 506.304 of this Subpart, the design
and construction of wooden components of livestock waste handling facilities shall meet
the following requirements:
1) Wooden materials shall be naturally resistant or treated to resist damage from
decay and corrosion; and
2) Construction fasteners shall be resistant to corrosion.
b) The owner or operator of the livestock waste handling facility may, upon written request
and with written approval from the Department, modify or exceed these standards in
order to meet site specific objectives. The owner or operator shall demonstrate that such
modification shall be at least as protective of the groundwater, surface water, and the
structural integrity of the livestock waste handling facility as the requirements of this
Part.
a)
Nitrogen credits shall be calculated by the livestock facility owner or operator, pursuant
to Section 506.303(m)(6) of this Part, for nitrogen-producing crops grown the previous
49
year, for other sources of nitrogen applied for the growing season, and for mineralized
organic nitrogen in livestock waste applied during the previous three years.
b)
Nitrogen credits shall be calculated by the livestock facility owner or operator for the
mineralized organic nitrogen in livestock waste applied during the previous three years at
the rate of 50%, 25%, and 12.5%, respectively, of that mineralized during the first year.
(Source: Amended at 25 Ill. Reg. ________, effective _______________________.)
Section 506.310 Records of Waste Disposal Additional Design and Construction Standards
for Construction in an Area with Shallow Aquifer Material
a) In addition to the other requirements of this Subpart, if aquifer material is located above
or within 5 feet of the lowest point of the proposed livestock waste handling facility as
determined under Section 506.302 of this Subpart, the design and construction of the
facility shall comply with the requirements of this Section.
b) Livestock waste handling facility components constructed of concrete shall ensure that
concrete footings extend below the maximum frost depth.
c) Livestock waste handling facility components constructed of earthen materials shall
include the installation of an earthen or synthetic liner.
1) Earthen liners shall meet the following requirements:
A) The liner shall consist of in-situ soil, borrowed clay, or clay/bentonite
mixtures;
B) The minimum liner thickness shall be 2 feet;
C) The liner shall be constructed in lifts not to exceed 6 inches in compacted
thickness; and
D) The construction and compaction of the liner shall be carried out to reduce
void spaces and allow the liner to support the loadings imposed by the
waste disposal operation without settling.
2) Synthetic liners shall meet the design and construction requirements set forth in
Section 506.308 of this Subpart and shall have a minimum thickness of 40 mil.
3) The design, construction, and installation of the liner required pursuant to this
Section shall be conducted under the direction of a Licensed Professional
Engineer. Upon completion of construction or installation of the liner, the
supervising Licensed Professional Engineer shall certify that the liner meets all
the applicable requirements of this Section. Such certification shall include all
supporting justification and data.
50
4) The owner or operator of the livestock waste handling facility shall submit to the
Department a copy of the Licensed Professional Engineer’s liner certification
prior to placing the livestock waste handling facility in service in accordance with
8 Ill. Adm. Code 900.506(a).
d) The owner or operator of the livestock waste handling facility may, upon written request
and with written approval from the Department, modify or exceed these standards in
order to meet site specific objectives. The owner or operator shall demonstrate that such
modification shall be at least as protective of the groundwater, surface water, and the
structural integrity of the livestock waste handling facility as the requirements of this
Part.
Records of the livestock waste disposal shall include the following items:
a)
Date of livestock waste application;
b)
The field where livestock waste application was made;
c)
Method of livestock waste application;
d)
Livestock waste application rate;
e)
Number of acres receiving waste; and
f)
Amount of livestock waste applied.
(Source: Amended at 25 Ill. Reg. _________, effective ___________________________.)
Section 506.311 Approval of Waste Management PlansAdditional Design and Construction
Standards for Construction in a Flood Fringe Area
No new non-lagoon livestock management facility or livestock waste handling facility may be
constructed within the floodway of a 100-year floodplain. A new livestock management facility
or livestock waste handling facility may be constructed within the portion of a 100-year
floodplain that is within the flood fringe and outside the floodway provided that the facility is
designed and constructed to be protected from flooding and meets the requirements set forth in
the Rivers, Lakes, and Streams Act
[615 ILCS 5]
, Section 5-40001 of the Counties Code
[55
ILCS 5/5-40001]
, and executive order number 4 (1979).
[510 ILCS 77/13(b)(1)]
Notwithstanding the other requirements of this Subpart or 8 Ill. Adm. Code 900, the following
criteria shall be incorporated into the design of a non-lagoon livestock management facility or
livestock waste handling facility proposed for construction in the flood fringe of a 100-year
floodplain:
a) The berms and walls shall be designed and constructed to withstand the hydrostatic
pressures from flood waters that may be exerted on the berms and walls during a flood
51
event;
b) The elevation of the lowest point on the berm top and wall shall be at the elevation of the
100-year flood plus a minimum of two feet;
c) For facilities with unequal length and width dimensions, the facility shall be oriented
with the longest dimension parallel to the expected direction of floodwater flow; and
d) The owner or operator of the livestock waste handling facility may, upon written request
and with written approval from the Department, modify or exceed these standards in
order to meet site specific objectives. The owner or operator shall demonstrate that such
modification shall be at least as protective of the groundwater, surface water, and the
structural integrity of the livestock waste handling facility as the requirements of this
Part.
a)
Department approval of livestock waste management plans shall be based on the
following criteria:
1)
Livestock waste application rate of nitrogen not to exceed the crop nitrogen
requirements for targeted crop yield goals;
2)
Demonstration of adequate land area for livestock waste application based on
Section 506.303 of this Part; and
3)
Completeness and accuracy of plan contents as specified in Section 506.303 of
this Part.
b)
The owner or operator of the livestock management facility shall be notified by the
Department within 30 working days after receipt of the livestock waste management plan
that the plan has been approved or that further information or changes are needed. The
owner or operator shall provide the information or changes within 30 working days.
(Source: Amended at 25 Ill. Reg. _________, effective __________________________.)
Section 506.312 Sludge RemovalAdditional Design and Construction Standards for
Construction in a Karst Area
a)
A new non-lagoon livestock waste handling facility constructed in a karst area shall be
designed to prevent seepage of the stored material into groundwater in accordance with
ASAE EP393.2. Owners or operators of proposed facilities should consult with the local
soil and water conservation district, the University of Illinois cooperative extension
service, or other local, county, or state resources relative to determining the possible
presence or absence of such areas
. [510 ILCS 77/13(b)(2)]
b) Any livestock waste handling facility constructed in a karst area shall be designed and
constructed utilizing a rigid material such as concrete or steel.
52
e) The owner or operator of the livestock waste handling facility may, upon written request
and with written approval from the Department, modify or exceed these standards in
order to meet site specific objectives. The owner or operator shall demonstrate that such
modification shall be at least as protective of the groundwater, surface water, and the
structural integrity of the livestock waste handling facility as the requirements of this
Part.
a)
Within 60 days prior to periodic removal of sludge from a livestock waste storage
structure, the livestock facility owner or operator shall test the sludge for nutrient content
pursuant to Section 506.305(c) and (d) of this Subpart. Application of the sludge to the
land shall not exceed the nitrogen requirement to obtain targeted yields of the crop to be
grown.
b)
Prior to the removal of the remaining livestock waste, soil, and sludge during a lagoon
closure, the waste, soil, and sludge shall be tested for nutrient content pursuant to Section
506.305(c) and (d) of this Subpart. Application of the waste, soil, and sludge to the land
shall not exceed the nitrogen requirement to obtain targeted yields of the crop to be
grown.
c)
Nitrogen requirements based on targeted yields for the crop to be grown may be met but
shall not be exceeded by any combination of the following:
1)
Livestock waste applications;
2)
Periodic sludge applications; or
3)
Remaining livestock waste, soil, or sludge applications during a waste storage
structure closure.
(Source: Amended at 25 Ill. Reg. ________, effective __________________________.)
Section 506.313 Plan Updates (Repealed)
a)
The waste management plan shall be reviewed annually by the livestock facility owner or
operator and updated, if necessary, after receipt by the owner or operator of the nutrient
content results from the laboratory analysis of the livestock waste as required in Section
506.305(b), (c), and (d) of this Subpart, but prior to the next application period of the
livestock waste to the land.
b)
The waste management plan shall also be updated when at least one of the following
occurs:
1)
A change in the amount of land area needed to dispose of the livestock waste
based upon a change in the waste volume to be disposed of, nitrogen content of
the livestock waste, or other factors;
53
2)
A change in land that is available for livestock waste application if the land is not
currently included in the waste management plan;
3)
Method of livestock waste disposal or application changes; or
4)
Cropping sequence changes which alter the amount of livestock waste to be
applied.
(Source: Repealed at 25 Ill. Reg. ________, effective _________________________.)
Section 506.314 Penalties (Repealed)
a)
ANY PERSON WHO IS REQUIRED TO PREPARE, MAINTAIN, and implement A
WASTE MANAGEMENT PLAN AND WHO FAILS TO DO SO SHALL BE ISSUED
A WARNING LETTER BY THE DEPARTMENT FOR THE FIRST VIOLATION
AND SHALL BE GIVEN 30 WORKING DAYS TO PREPARE A WASTE
MANAGEMENT PLAN. FOR FAILURE TO PREPARE, MAINTAIN, and implement
A WASTE MANAGEMENT PLAN, THE PERSON SHALL BE FINED AN
ADMINISTRATIVE PENALTY OF UP TO $500 BY THE DEPARTMENT AND
SHALL BE REQUIRED TO ENTER INTO AN AGREEMENT OF COMPLIANCE TO
PREPARE, MAINTAIN, and implement A WASTE MANAGEMENT PLAN WITHIN
30 WORKING DAYS. FOR FAILURE TO PREPARE, MAINTAIN, and implement A
WASTE MANAGEMENT PLAN AFTER THE SECOND 30 DAY PERIOD OR FOR
FAILURE TO ENTER INTO A COMPLIANCE AGREEMENT, THE DEPARTMENT
MAY ISSUE AN OPERATIONAL CEASE AND DESIST ORDER UNTIL
COMPLIANCE IS ATTAINED. [510 ILCS 77/20(g)]
b)
The operational cease and desist order procedures may be suspended by the Department
upon submittal of a waste management plan by the owner or operator to the Department.
The cease and desist order shall be canceled by the Department upon approval of the
waste management plan by the Department.
c)
A waste management plan prepared as a result of a warning letter or compliance
agreement shall be subject to approval by the Department.
d)
Penalties shall not be imposed for excessive nitrogen application for unplanned cropping
changes due to weather or other unforeseeable circumstances.
(Source: Repealed at 25 Ill. Reg. _________, effective ______________________.)
SUBPART D: CERTIFIED LIVESTOCK
MANAGER
Section 506.401 Applicability (Repealed)
54
a)
A LIVESTOCK WASTE HANDLING FACILITY SERVING 300 OR GREATER
ANIMAL UNITS SHALL BE OPERATED ONLY UNDER THE SUPERVISION OF A
CERTIFIED LIVESTOCK MANAGER. NOT WITHSTANDING THE BEFORE-
STATED PROVISION, A LIVESTOCK WASTE HANDLING FACILITY MAY BE
OPERATED ON AN INTERIM BASIS, BUT NOT TO EXCEED 6 MONTHS, TO
ALLOW FOR THE OWNER OR OPERATOR OF THE FACILITY TO BECOME
CERTIFIED. For the purposes of this Subpart, being operated under the supervision of a
certified livestock manager shall mean that the certified livestock manager shall be
immediately available to the workers at a livestock waste handling facility either in
person or via telecommunications and shall have the ability to be physically present at the
livestock waste handling facility within one hour after notification. [510 ILCS 77/30(a)]
b)
Persons may become certified livestock managers by demonstrating an understanding of
and competence for the operation of livestock waste handling facilities as established in
Section 30 of the Livestock Management Facilities Act [510 ILCS 77] and further
described in this Subpart. Livestock managers shall establish or re-establish certification
when required to do so in accordance with Section 30 of the Livestock Management
Facilities Act.
c)
A livestock manager certified pursuant to the emergency amendment adopted in R97-14
at 20 Ill. Reg. 14903, effective October 31, 1996 and the emergency rules adopted in
R97-14 at 21 Ill. Reg. 4313, effective March 31, 1997, shall be considered as certified
pursuant to this Subpart.
d)
For the purposes of this Subpart, the number of animal units served by a livestock waste
handling facility is the maximum design capacity of the livestock management facility
which is being served by the livestock waste handling facility.
e)
For violations pertaining to the certified livestock manager requirements, the owner or
operator SHALL BE ISSUED A WARNING LETTER FOR THE FIRST VIOLATION
AND SHALL BE REQUIRED TO HAVE A CERTIFIED MANAGER FOR THE
LIVESTOCK WASTE HANDLING FACILITY WITHIN 30 WORKING DAYS. FOR
FAILURE TO COMPLY WITH THE WARNING LETTER WITHIN THE 30 DAY
PERIOD, THE PERSON SHALL BE FINED AN ADMINISTRATIVE PENALTY OF
UP TO $500 BY THE DEPARTMENT AND SHALL BE REQUIRED TO ENTER
INTO AN AGREEMENT TO HAVE A CERTIFIED MANAGER FOR THE
LIVESTOCK WASTE HANDLING FACILITY WITHIN 30 WORKING DAYS. FOR
FAILURE TO COMPLY WITH THE AGREEMENT TO HAVE A CERTIFIED
MANAGER FOR THE LIVESTOCK WASTE HANDLING FACILITY WITHIN THE
30 DAY PERIOD OR FOR FAILURE TO ENTER INTO A COMPLIANCE
AGREEMENT, THE PERSON SHALL BE FINED UP TO $1,000 BY THE
DEPARTMENT AND SHALL BE REQUIRED TO ENTER INTO AN AGREEMENT
TO HAVE A CERTIFIED MANAGER FOR THE LIVESTOCK WASTE HANDLING
FACILITY WITHIN 30 WORKING DAYS. FOR CONTINUED FAILURE TO
COMPLY, THE DEPARTMENT MAY ISSUE AN OPERATIONAL CEASE AND
55
DESIST ORDER UNTIL COMPLIANCE IS ATTAINED. [510 ILCS 77/30(g)] The
cease and desist order shall be canceled by the Department upon presentation to the
Department of a valid certified livestock manager certificate issued in the name of the
owner, operator, or current employee of the livestock facility.
(Source: Repealed at 25 Ill. Reg. ___________, effective __________________________.)
SUBPART E: PENALTIES
Section 506.501 General (Repealed)
The penalties for violations of the Livestock Management Facilities Act [510 ILCS 77] and this
Part shall be those as identified in the Livestock Management Facilities Act and further
described in this Part and Subpart. Warning letters and written notices from the Department
shall be sent via certified mail to the livestock facility owner or operator.
(Source: Repealed at 25 Ill. Reg. _________, effective __________________________.)
SUBPART F: FINANCIAL RESPONSIBILITY
Section 506.601 Scope, Applicability, and Definitions (Repealed)
a)
This Subpart provides procedures by which the owner of a new or modified livestock
waste lagoon registered under the Livestock Management Facilities Act provides
evidence of financial responsibility satisfying the requirements of Section 17 of the
Livestock Management Facilities Act.
b)
Owners of lagoons must comply with the financial responsibility requirements of this
Part either:
1)
on or before June 1, 1999; or
2)
before the lagoon is placed in service.
c)
For the purposes of this Subpart, the following terms have the following meanings:
1)
“Financial institution” means:
A)
An insurer providing commercial or private insurance to evidence
financial responsibility for lagoon closure in accordance with Section
506.610 of this Part;
B)
A guarantor providing a guarantee as evidence of financial responsibility
for lagoon closure in accordance with Section 506.611 of this Part;
56
C)
The issuer of a surety bond as evidence of financial responsibility for
lagoon closure in accordance with Section 506.612 of this Part;
D)
The issuer of a letter of credit as evidence of financial responsibility for
lagoon closure in accordance with Section 506.613 of this Part; or
E)
The livestock waste lagoon closure fund managed by the Illinois Farm
Development Authority that evidences financial responsibility for lagoon
closure in accordance with Section 506.615 of this Part.
2)
“Level of surety” means the level, calculated in accordance with Section 506.603
of this Part, at which evidence of financial responsibility must be provided.
3)
“Surety instrument” means any of the devices listed in Section 506.602 of this
Part by which a lagoon owner evidences financial responsibility for lagoon
closure. Unless the context requires otherwise, “surety instrument” includes a
combination of surety instruments.
(Source: Repealed at 25 Ill. Reg. ___________, effective ___________________________.)
Section 506.602 Mechanisms for Providing Evidence of Financial Responsibility
(Repealed)
a)
FINANCIAL RESPONSIBILITY MAY BE EVIDENCED BY ANY COMBINATION
OF THE FOLLOWING:
1)
COMMERCIAL OR PRIVATE INSURANCE;
2)
GUARANTEE;
3)
SURETY BOND;
4)
LETTER OF CREDIT;
5)
CERTIFICATE OF DEPOSIT OR DESIGNATED SAVINGS ACCOUNT; or
6)
PARTICIPATION IN A LIVESTOCK WASTE LAGOON CLOSURE FUND
MANAGED BY THE ILLINOIS FARM DEVELOPMENT AUTHORITY. [510
ILCS 77/17]
b)
The lagoon owner must provide continuous coverage from the time the lagoon is placed
in service until such time as the owner is released from the financial responsibility
requirements pursuant to Section 506.605(a) of this part. The initial term of any surety
instrument (other than a certificate of deposit or designated savings account) utilized to
fulfill the requirements of this Part must be at least three years. At least two years prior
to the expiration date of such instrument, the owner must provide the Department with
57
proof that the term of coverage has been extended for at least one additional year.
c)
Upon a change in the ownership of a livestock management facility or livestock waste
handling facility involving a lagoon that is subject to the financial responsibility
requirements of this Subpart, the new owner must establish and maintain evidence of
financial responsibility at the same level of surety as the previous owner.
d)
The lagoon owner must ensure that the terms and conditions of the surety instrument(s)
listed in subsection (a) of this Section upon which the owner relies are legally valid,
binding, and enforceable under State and federal law.
(Source: Repealed at 25 Ill. Reg. __________, effective ___________________________.)
Section 506.603 Level of Surety (Repealed)
a)
The level of surety is determined by the following formula:
Level of Surety = (V x CF) + EC
where:
V =
Volume of the lagoon as constructed or modified in cubic feet,
including the freeboard volume;
CF =
Cost factor determined pursuant to subsection (b) of this Section;
and
EC = Engineering contingency determined under subsection (c) of this
Section.
b)
The cost factor is obtained from the following:
1)
Until December 31, 2002, the cost factor is 10¢ per cubic foot of lagoon volume.
2)
After January 1, 2003 through December 31, 2007, the cost factor is 12¢ per cubic
foot of lagoon volume.
3)
After January 1, 2008, the cost factor is 15¢ per cubic foot of lagoon volume.
c)
The engineering contingency is equal to 10% of (V x CF).
(Source: Amended at 22 Ill. Reg. 20605, effective November 12, 1998.)
(Source: Repealed at 25 Ill. Reg. __________, effective ____________________________.)
Section 506.604 Upgrading Surety Instrument (Repealed)
58
a)
The owner of a lagoon must increase the total amount of surety in place so as to equal the
level of surety as calculated within 90 days after:
1)
a modification resulting in an increase in the volume of the lagoon; or
2)
an increase in the cost factor under Section 506.603(b) of this Part.
b)
If modification of a lagoon results in a decrease in volumetric capacity, the owner or
operator may provide the Department with documentation of the reduction in volumetric
capacity and request a recalculation of the level of surety. Within 90 days after a request
by the owner or operator under this subsection, the Department must either:
1)
release any surety amount above the level of surety as recalculated based upon the
owner’s documentation of reduction of volumetric capacity; or
2)
conduct an inspection and determine the amount by which volumetric capacity
has been decreased.
c)
If the Department conducts an inspection under subsection (b), then the Department must
release any surety amount above the level of surety as recalculated based upon the results
of the inspection.
(Source: Repealed at 25 Ill. Reg. __________, effective ___________________________.)
Section 506.605 Release of Lagoon Owner and Financial Institution (Repealed)
a)
The Department must release a lagoon owner from the requirements of this Subpart
when:
1)
The lagoon has been properly closed and a notification of closure completion
pursuant to Section 506.209 of this Part has been issued to the lagoon owner by
the Department; or
2)
A waiver has been granted by the Department to the lagoon owner allowing the
lagoon to be used for an alternative purpose; or
3)
Title of the property containing the lagoon has been transferred to a new owner
and the new owner has posted financial assurance as required under Section
506.602(c) of this Part.
b)
The Department must release a financial institution when:
1)
A lagoon owner offers an authorized alternative surety that meets the
requirements of Section 506.607(c) of this Part; or
59
2)
The Department releases the lagoon owner from the requirements of this Subpart
under subsection (a) of this Section.
c)
The Department must notify the lagoon owner and financial institution in writing within
60 days after a release under this Section. If a release is based upon proper closure of a
lagoon, notification under this subsection should occur at the same time as notice of
proper closure under Section 506.209(a)(4).
(Source: Repealed at 25 Ill. Reg. __________, effective __________________________.)
Section 506.606 Financial Responsibility Proceeds (Repealed)
a)
A financial institution issuing a surety instrument evidencing financial responsibility for
closure of a livestock waste lagoon becomes liable on the surety instrument when a
lagoon is removed from service and:
1)
The owner fails to submit the lagoon closure plan required by Section 506.209 of
this Part and:
A)
cannot be found; or
B)
fails to cure such failure within 30 days after notice from the Department;
2)
The owner fails to obtain Department approval of a lagoon closure plan within
eight months after the date that the lagoon is removed from service, unless the
lagoon is maintained or serviced; or
3)
The owner fails to comply with an approved lagoon closure plan and:
A)
cannot be found; or
B)
fails to cure such noncompliance within 30 days after notice from the
Department.
b)
The Department must provide notice to the financial institution providing surety for the
lagoon:
1)
when it determines that the lagoon has been removed from service; and
2)
when it determines that one of the criteria for liability set forth in subsection (a)
of this Section has been met.
c)
Within 30 days after notice of liability from the Department, the financial institution must
either assume liability for closure of the lagoon and notify the Department of its election
to assume liability, or deposit the amount for which it is liable in connection with the
lagoon into an account from which the Department is authorized to disburse funds for the
60
purpose of closing the lagoon.
1)
If the financial institution assumes liability for closure of the lagoon, it must
submit a lagoon closure plan that meets the requirements of Section 506.209 of
this Part within 60 days after notifying the Department of its election.
Notwithstanding the financial institution’s assumption of liability for closure of
the lagoon, the Department may require the financial institution to deposit funds
up to the amount for which the financial institution is liable under the surety
instrument into an account from which the Department is authorized to disburse
funds for the purpose of closing the lagoon if:
A)
The financial institution does not submit the lagoon closure plan as
required and fails to cure such omission within 30 days after notice from
the Department;
B)
The financial institution fails to obtain Department approval of a lagoon
closure plan within eight months after the date that it elects to assume
liability for closure of the lagoon, unless the lagoon is maintained or
serviced; or
C)
The financial institution fails to comply with an approved lagoon closure
plan and fails to cure such noncompliance within 30 days after notice from
the Department.
2)
A financial institution that assumes liability for closure of a lagoon under this
Section remains liable for the full amount of the surety instrument until the
Department issues written notification of completion of closure in accordance
with Section 506.209, notwithstanding the expiration of the instrument utilized to
evidence financial responsibility by the owner.
3)
Any amounts that a financial institution may expend for service or maintenance of
the lagoon pending closure or partial closure of the lagoon do not reduce the
amount of the financial institution’s obligation under this subsection (c).
4)
If the financial institution elects, or is required under subsection (c)(1) of this
Section, to deposit the funds required by the Department into an account from
which the Department is authorized to disburse funds for the purpose of closing
the lagoon, then the Department shall close the lagoon within the time frame
established under Section 15(e) of the LMFA or as soon as practicable, to the
extent possible utilizing the funds deposited by the financial institution. The
Department may use any interest earned on deposited funds to close the lagoon.
The Department must release any funds remaining in the account, including any
remaining interest earned on funds in the account, to the financial institution upon
completion of closure.
d)
The Department may sue in any court of competent jurisdiction to enforce its rights under
61
any surety instrument.
(Source: Repealed at 25 Ill. Reg. _______, effective ____________________________.)
Section 506.607 Use of Multiple Surety Instruments (Repealed)
a)
The lagoon owner may use any combination of the surety instruments listed in Section 17
of the Livestock Management Facilities Act [510 ILCS 77/17] and this Subpart to
evidence the required level of financial responsibility.
b)
A lagoon owner is not limited to maintaining financial responsibility with the original
surety instrument or combination of instruments. The owner must notify the Department
before making any change in surety instruments.
c)
If a lagoon owner makes any change in surety instruments, the lagoon owner must
maintain the total financial responsibility for the lagoon at a level not less (without
counting the amounts to be released) than the level of surety.
d)
A replacement surety instrument or instruments must provide evidence of financial
responsibility for a period at least equal to the existing instrument or instruments. This
provision does not relieve an owner of the obligation under Section 506.602(b) to
provide proof at least two years prior to expiration of a surety instrument that the term for
which financial responsibility has been demonstrated has been extended for at least an
additional year.
(Source: Repealed at 25 Ill. Reg. _________, effective _________________________.)
Section 506.608 Use of a Single Surety Instrument for Multiple Lagoons (Repealed)
a)
An owner may use a surety instrument specified in this Subpart to provide evidence of
financial responsibility for more than one lagoon.
b)
Whenever a single surety instrument is used for multiple lagoons, the owner must submit
an itemization to the Department identifying all lagoons covered by the surety instrument
and the amount allocated to each lagoon.
c)
The amount of funds available through the surety instrument must be no less than the
sum of funds that would be available if a separate surety instrument had been established
and maintained for each lagoon.
d)
In directing funds available through a single surety instrument for the closure of any
single lagoon covered by that surety instrument, the Department shall direct only the
amount of funds designated for that lagoon, unless the owner agrees to allow the
Department to use additional funds available under that surety instrument. Such an
agreement does not affect the owner’s obligation to provide evidence of financial
responsibility up to the level of surety for all other lagoons.
62
(Source: Repealed at 25 Ill. Reg. _________, effective ________________________.)
Section 506.610 Commercial or Private Insurance (Repealed)
a)
A lagoon owner may provide evidence of financial responsibility for closure of a
livestock waste lagoon by obtaining closure insurance that conforms to the requirements
of this Subpart and submitting an executed duplicate original of such insurance policy to
the Department.
b)
The insurer must be licensed to transact the business of insurance by the Illinois
Department of Insurance pursuant to the Illinois Insurance Code [215 ILCS 5].
c)
The policy must be on forms approved by the Illinois Department of Insurance.
d)
The closure insurance policy must guarantee that funds will be available to close the
lagoon. The policy must also guarantee that, upon a notice of liability from the
Department, the insurer will be responsible for paying out funds, up to an amount equal
to the face amount of the policy, in accordance with Section 506.606(c) of this Part.
e)
The policy must provide that the insurer may not cancel or terminate the policy.
(Source: Repealed at 25 Ill. Reg. _______, effective _____________________.)
Section 506.611 Guarantee (Repealed)
a)
A lagoon owner may provide evidence of financial responsibility for closure of a
livestock waste lagoon by obtaining a guarantee that conforms to the requirements of this
Subpart.
b)
A guarantor must submit a financial statement to the Department from the guarantor’s
most recent fiscal year.
c)
The Department will review the financial statement, determine if adequate resources exist
to guarantee the closure costs, and notify the lagoon owner of acceptance or denial within
30 days after receipt of the financial statement by the Department.
d)
The guarantor shall guarantee to pay the amount specified in the guarantee upon notice
from the Department as provided in Section 506.606(c) of this Part.
(Source: Repealed at 25 Ill. Reg. _______, effective _____________________.)
Section 506.612 Surety Bond (Repealed)
a)
A lagoon owner may provide evidence of financial responsibility for closure of a
livestock waste lagoon by obtaining a surety bond that conforms to the requirements of
63
this Subpart and submitting the bond to the Department.
b)
The surety company issuing the bond must be licensed by the Illinois Department of
Insurance pursuant to the Illinois Insurance Code [215 ILCS 5] and approved by the U.S.
Department of the Treasury as an acceptable surety. Acceptable sureties are listed in
Circular 570 from the U.S. Department of the Treasury.
c)
The bond must guarantee that the lagoon owner will provide lagoon closure and content
removal in accordance with Section 506.209 of this Part.
d)
The surety bond must be in substantially the form specified in Appendix A, Illustration A
of this Part.
(Source: Repealed at 25 Ill. Reg. _______, effective ________________________.)
Section 506.613 Letter of Credit (Repealed)
a)
A lagoon owner may provide evidence of financial responsibility for closure of a
livestock waste lagoon by obtaining an irrevocable standby letter of credit that conforms
to the requirements of this Subpart and submitting the letter to the Department.
b)
The issuing institution must be an entity that has the authority to issue letters of credit
and:
1)
whose letter of credit operations are regulated by the Illinois Commissioner of
Banks and Real Estate; or
2)
whose deposits are insured by the Federal Deposit Insurance Corporation or the
Federal Savings and Loan Insurance Corporation.
c)
The letter of credit made out to the Department must be accompanied by a letter from the
lagoon owner referring to the letter of credit by number, issuing institution, and date and
providing the following information: name and address of the lagoon site and the amount
of funds assured for closure of the lagoon by the letter of credit.
d)
The letter of credit must be substantially in the form specified in Appendix A, Illustration
B of this Part.
(Source: Repealed at 25 Ill. Reg. _______, effective ______________________.)
Section 506.614 Certificate of Deposit or Designated Savings Account (Repealed)
a)
A lagoon owner may provide evidence of financial responsibility for closure of a
livestock waste lagoon by designating certificate(s) of deposit or savings account(s) for
use as financial responsibility.
64
b)
The issuing or depository financial institution must be an entity whose deposits are
insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan
Insurance Corporation.
c)
The Department may draw on the certificate(s) of deposit or savings account(s) to pay the
costs of closing a lagoon in accordance with this subsection. The Department shall close
a lagoon when the lagoon is removed from service and:
1)
The owner fails to submit the lagoon closure plan required by Section 506.209 of
this Part and:
A.
cannot be found; or
B.
fails to cure such failure within 30 days after notice from the Department;
2)
The owner fails to obtain Department approval of a lagoon closure plan within
eight months after the date that the lagoon is removed from service, unless the
lagoon is maintained or serviced; or
3)
The owner fails to comply with an approved lagoon closure plan and:
A)
cannot be found; or
B)
fails to cure such noncompliance within 30 days after notice from the
Department.
d)
The Director of the Department shall be listed as trustee of the certificate(s) of deposit or
savings account(s) for the lagoon owner.
e)
At maturity of any certificate of deposit designated as financial responsibility for lagoon
closure, the certificate shall be renewed or the proceeds deposited into a designated
savings account that meets the requirements of this Section.
f)
The Department shall relinquish trusteeship of the certificate(s) of deposit or savings
account(s) when:
1)
The lagoon has been properly closed and a notification of closure completeness
pursuant to Section 506.209 of this Part has been issued to the lagoon owner by
the Department;
2)
A waiver has been granted by the Department to the lagoon owner allowing the
lagoon to be used for an alternative purpose pursuant to Section 506.209 of this
Part;
3)
Title of the property containing the lagoon has been transferred to a new owner
and the new owner has posted financial assurance as required under Section
65
506.602(c) of this Part; or
4)
A lagoon owner offers an authorized alternative surety which meets the
requirements of Section 506.607(c) of this Part.
(Source: Repealed at 25 Ill. Reg. _______, effective _______________________.)
Section 506.615 Participation in a Livestock Waste Lagoon Closure Fund (Repealed)
a)
A lagoon owner may provide evidence of financial responsibility for closure of a
livestock waste lagoon by participating in a livestock waste lagoon closure fund managed
by the Illinois Farm Development Authority. An owner electing to provide evidence of
financial responsibility under this Section must submit a certificate of participation in
such a lagoon closure fund to the Department.
b)
The certificate of participation submitted pursuant to subsection (a) of this Section must
include:
1)
the level of surety for the lagoon;
2)
the dollar amount of coverage provided by the lagoon closure fund;
3)
the dates for which coverage is provided; and
4)
a financial statement of the lagoon closure fund establishing the lagoon closure
fund’s compliance with the requirements of this Section.
c)
The lagoon closure fund must maintain minimum reserves equal to the greater of:
1)
the level of surety of the largest lagoon covered by the lagoon closure fund; or
2)
twice the average level of surety of lagoons covered by the fund.
d)
The lagoon closure fund must guarantee that funds will be available to close the lagoon.
Upon a notice of liability from the Department, the lagoon closure fund must comply
with the requirements of Section 506.606(c) of this Part.
e)
If the reserves of the lagoon closure fund are reduced to less than the minimum amount
required under subsection (b) due to expenditures of funds in order to comply with
Section 506.606(c), then within 120 days after such reduction the lagoon closure fund
must demonstrate to the Department that the minimum reserve level has been restored.
f)
The lagoon closure fund may not cancel or terminate coverage prior to the date set forth
in the certification pursuant to subsection (b)(3) of this Section.
(Source: Repealed at 25 Ill. Reg. __________, effective ________________________.)
66
Section 506.620 Penalties (Repealed)
The Department may order a lagoon removed from service if the owner fails to provide evidence
of financial responsibility to the Department or fails to maintain financial responsibility in the
amount required pursuant to Section 506.603 of this Subpart.
(Source: Repealed at 25 Ill. Reg. _________, effective _______________________.)
SUBPART G: SETBACKS
Section 506.701 Applicability (Repealed)
a)
All new livestock management or livestock waste handling facilities shall comply with
the setback distances as established in Section 35 of the Livestock Management Facilities
Act [510 ILCS 77/35] and with the provisions of this Subpart.
b)
Commencement of operations at a facility reconstructed within two years after partial or
total destruction due to natural causes such as tornado, fire, flood, or earthquake, shall not
be considered the location of a new livestock management or waste handling facility for
setback purposes. Likewise, a residence partially or totally destroyed due to natural
causes, such as tornado, fire, flood, or earthquake, shall retain its original setback for a
period of no greater than two years, to allow for reconstruction of the residence.
(Source: Repealed at 25 Ill. Reg. ____________, effective ____________________.)
Section 506.702 Procedures (Repealed)
a)
GRANDFATHER PROVISION: FACILITIES IN EXISTENCE PRIOR TO JULY 15,
1991. LIVESTOCK MANAGEMENT FACILITIES AND LIVESTOCK WASTE
HANDLING FACILITIES IN EXISTENCE PRIOR TO JULY 15, 1991 SHALL
COMPLY WITH SETBACKS IN EXISTENCE PRIOR TO JULY 15, 1991, AS SET
FORTH IN THE ILLINOIS ENVIRONMENTAL PROTECTION ACT AND 35 Ill.
Adm. Code 501.402. [510 ILCS 77/35(a)]
b)
GRANDFATHER PROVISION: FACILITIES IN EXISTENCE ON EFFECTIVE
DATE AND AFTER JULY 15, 1991. LIVESTOCK MANAGEMENT FACILITIES
AND LIVESTOCK WASTE HANDLING FACILITIES IN EXISTENCE ON May 21,
1996 (THE EFFECTIVE DATE OF the Livestock Management Facilities ACT) BUT
AFTER JULY 15, 1991 SHALL COMPLY WITH SETBACKS IN EXISTENCE PRIOR
TO May 21, 1996, AS SET FORTH IN THE ILLINOIS ENVIRONMENTAL
PROTECTION ACT AND 35 Ill. Adm. Code 501.402. [510 ILCS 77/35(b)]
c)
NEW LIVESTOCK MANAGEMENT OR LIVESTOCK WASTE HANDLING
FACILITIES. ANY NEW FACILITY SHALL COMPLY WITH THE FOLLOWING
SETBACKS: [510 ILCS 77/35(c)]
67
1)
Residence and Non-Farm Residence: FOR PURPOSES OF DETERMINING
SETBACK DISTANCES, MINIMUM DISTANCES SHALL BE MEASURED
FROM THE NEAREST CORNER OF THE RESIDENCE TO THE NEAREST
CORNER OF THE EARTHEN WASTE LAGOON OR LIVESTOCK
MANAGEMENT FACILITY, WHICHEVER IS CLOSER.
2)
Common Place of Assembly or Non-Farm Business: For the purposes of
determining setback distances between a common place of assembly or non-farm
business:
a)
When the primary activity at a common place of assembly or non-farm
business is an outdoor activity, minimum distances shall be measured
from the nearest corner of the earthen waste lagoon or livestock
management facility to the nearest point on the legal property line of the
common place of assembly or non-farm business.
b)
When the primary activity at a common place of assembly or non-farm
business is not an outdoor activity and is an indoor activity, minimum
distances shall be measured from the nearest corner of the earthen waste
lagoon or livestock management facility to the nearest corner of the
structure where the indoor activity takes place.
3)
A LIVESTOCK MANAGEMENT FACILITY OR LIVESTOCK WASTE
HANDLING FACILITY SERVING LESS THAN 50 ANIMAL UNITS SHALL
BE EXEMPT FROM SETBACK DISTANCES AS SET FORTH IN the
Livestock Management Facilities ACT BUT SHALL BE SUBJECT TO RULES
PROMULGATED UNDER THE ILLINOIS ENVIRONMENTAL
PROTECTION ACT.
4)
FOR A LIVESTOCK MANAGEMENT FACILITY OR WASTE HANDLING
FACILITY SERVING 50 OR GREATER BUT LESS THAN 1,000 ANIMAL
UNITS, THE MINIMUM SETBACK SHALL BE 1/4 MILE FROM THE
NEAREST OCCUPIED NON-FARM RESIDENCE AND 1/2 MILE FROM THE
NEAREST POPULATED AREA.
5)
FOR A LIVESTOCK MANAGEMENT FACILITY OR LIVESTOCK WASTE
HANDLING FACILITY SERVING 1,000 OR GREATER BUT LESS THAN
7,000 ANIMAL UNITS, THE SETBACK IS AS FOLLOWS:
A)
FOR A POPULATED AREA, THE MINIMUM SETBACK SHALL BE
INCREASED 440 FEET OVER THE MINIMUM SETBACK OF 1/2
MILE FOR EACH ADDITIONAL 1,000 ANIMAL UNITS OVER 1,000
ANIMAL UNITS.
B)
FOR ANY OCCUPIED RESIDENCE, THE MINIMUM SETBACK
SHALL BE INCREASED 220 FEET OVER THE MINIMUM SETBACK
OF 1/4 MILE FOR
68
EACH ADDITIONAL 1,000 ANIMAL UNITS OVER 1,000 ANIMAL
UNITS.
6)
FOR A LIVESTOCK MANAGEMENT FACILITY OR LIVESTOCK WASTE
HANDLING FACILITY SERVING 7,000 OR GREATER ANIMAL UNITS,
THE SETBACK IS AS FOLLOWS:
A)
FOR A POPULATED AREA, THE MINIMUM SETBACK SHALL BE 1
MILE.
B)
FOR ANY OCCUPIED RESIDENCE, THE MINIMUM SETBACK
SHALL BE 1/2 MILE.
d)
REQUIREMENTS GOVERNING THE LOCATION OF A NEW LIVESTOCK
MANAGEMENT FACILITY AND NEW LIVESTOCK WASTE-HANDLING
FACILITY AND CONDITIONS FOR EXEMPTIONS OR COMPLIANCE WITH THE
MAXIMUM FEASIBLE LOCATION AS PROVIDED IN 35 Ill. Adm. Code 501.402
CONCERNING AGRICULTURE Related POLLUTION SHALL APPLY TO THOSE
FACILITIES IDENTIFIED IN SUBSECTIONS (b) AND (c) OF THIS SECTION.
WITH REGARD TO THE MAXIMUM FEASIBLE LOCATION REQUIREMENTS,
ANY REFERENCE TO A SETBACK DISTANCE IN 35 Ill. Adm. Code 501.402
SHALL MEAN THE APPROPRIATE DISTANCE AS SET FORTH IN THIS
SECTION. [510 ILCS 77/35(d)]
e)
SETBACK CATEGORY SHALL BE DETERMINED BY THE DESIGN CAPACITY
IN ANIMAL UNITS OF THE LIVESTOCK MANAGEMENT FACILITY. [510 ILCS
77/35(e)]
f)
SETBACKS MAY BE DECREASED WHEN INNOVATIVE DESIGNS AS
APPROVED BY THE DEPARTMENT ARE INCORPORATED INTO THE
FACILITY. [510 ILCS 77/35(f)]
1)
An owner or operator shall request a setback decrease in writing prior to
construction.
2)
An owner or operator shall attach to the request for decrease a certification by a
Licensed Professional Engineer that in the professional judgment of the Licensed
Professional Engineer the innovative designs incorporated into the facility will
provide more odor protection than the original setbacks.
3)
The Department shall notify the owner or operator of its determination within 30
days after the receipt of the request for decrease. In approving a reduction in
setbacks due to innovative designs, the Department shall specifically find that
such use of an innovative design will provide more odor protection than the
original setbacks.
4)
Where the Department grants such a decrease from the setbacks, the Department
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must maintain a file which includes all supporting data and justification which it
relied upon in making its determination. This file is subject to public inspection.
g)
A SETBACK MAY BE DECREASED WHEN WAIVERS ARE OBTAINED FROM
OWNERS OF RESIDENCES THAT ARE OCCUPIED AND LOCATED IN THE
SETBACK AREA. [510 ILCS 77/35(g)] A setback also may be decreased when
waivers are obtained from owners of non-farm businesses or common places of assembly
that are located in the setback area.
1)
An owner or operator request for a setback decrease shall be in writing and
submitted to the Department prior to construction.
2)
An owner or operator shall attach to the request copies of the written and
notarized waivers from all the owner(s) of the residence(s), non-farm
business(es), and common place(s) of assembly that are located within the setback
area.
3)
Within 30 days after receipt of the request and waivers, the Department shall
notify the owner or operator in writing of the setback decrease.
4)
When such a decrease from the setbacks is requested, the Department must
maintain a file which includes all supporting data and justification concerning the
setback decrease. This file is subject to public inspection.
(Source: Repealed at 25 Ill. Reg. _______, effective _______________________.)
Section 506.703 Initial Determination of Setbacks (Repealed)
The requirements of this Section do not apply to new livestock management facilities or new
livestock waste handling facilities serving less than 50 animal units.
a)
An owner or operator shall file a notice of intent to construct which meets the
informational requirements of subsection (b) of this Section for a new livestock
management facility or new livestock waste handling facility with the Department prior
to construction to establish an initial determination of setbacks.
b)
The notice of intent to construct shall contain a legal description of the land on which the
livestock facility will be constructed; the name(s) and addresses of the owner(s) or
operator(s) of the facility; the type and size of the facility and number of animal units; the
names and addresses of the owner(s), including local, State and federal governments, of
the property located within the setback area; the distance to the nearest populated area,
residence, non-farm business, and common place of assembly; a map or sketch showing
the proposed facility and setbacks; and a statement identifying whether a request for
decrease in setbacks, pursuant to Section 506.702(f) or (g), has been sought and whether
the request has been granted or denied yet.
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c)
The owner or operator shall mail by certified mail the notice of intent to construct to the
owner(s) of the property located within the setback distances. The owner(s) of the
property located within the setback distances are presumed, unless established to the
contrary, to be the person shown by the current collector’s warrant book to be the party in
whose name the taxes were last assessed.
d)
Within 30 days after receipt of the notice to construct, the Department shall notify the
owner or operator in writing whether the setback distances have been met.
e)
The date the notice of intent to construct is filed with the Department establishes the base
date for the determination of whether residences, non-farm businesses, or common places
of assembly exist for setback purposes and shall remain the base date if construction
begins within one year following receipt of the Department’s determination or if a lagoon
registration form is filed with the Department within one year after receipt of the
Department’s determination of compliance with the setback distances.
f)
If the Department determines that the owner or operator has complied with the setback
requirements, later constructed or erected residences, non-farm businesses, or common
places of assembly cannot operate to alter the setback as initially determined, subject to
the limitation in subsection (e) of this Section.
g)
Where an intent to construct has been filed, the Department must maintain a file which
includes all filings and supporting data and justification which it relied upon in making
its determination regarding compliance with the setback distances. This file is subject to
public inspection.
(Source: Repealed at 25 Ill. Reg. _______, effective __________________________.)
Section 506.704 Penalties (Repealed)
a)
For violations of the setback distance requirements, the Department may issue one of the
following to the owner or operator of the livestock management facility or livestock
waste handling facility:
1)
If during construction, a cease and desist order which prohibits further construction of the
livestock management facility or livestock waste handling facility, prohibits entry
of livestock into the livestock management facility, and prohibits use of the
livestock waste handling facility; or
2)
An operational cease and desist order.
b)
A cease and desist order issued by the Department pursuant to subsection (a) of this
Section shall be canceled by the Department pursuant to the following:
1)
Submission to the Department of a valid waiver as provided for in Section
506.702(g) of this Subpart by the livestock management facility owner or
operator or the livestock waste handling facility owner or operator; or
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2)
Verification by the Department of compliance with the appropriate setback
distances as described in Section 35 of the Livestock Management Facilities Act
[510 ILCS 77/35].
(Source: Repealed at 25 Ill. Reg. _______, effective ______________________.)
Section 506. Appendix A Surety Instruments (Repealed)
Section 506.Illustration A Surety Bond (Repealed)
SURETY BOND
Date bond executed:
Effective date:
Principal:
Type of organization:
State of incorporation:
Surety:
Sites:
Name:
Address:
City:
Amount guaranteed by this bond:
$___________________
Name:
Address:
City:
Amount guaranteed by this bond:
$___________________
Please attach a separate page if more space is needed for all sites.
Total penal sum of bond
$_____________________
Surety's bond number:
The Principal and the Surety promise to pay the Illinois Department of Agriculture
("Department") the above penal sum unless the Principal provides closure for each site in
accordance with 510 ILCS 77/15(e) and 35 Ill. Adm. Code 506.209. To the payment of this
obligation the Principal and Surety jointly and severally bind themselves, their heirs, executors,
administrators, successors and assigns.
Whereas the Principal is required, under Section 15(b) of the Livestock Management Facilities
Act (“LMFA”) to register at least one livestock waste lagoon with the Department; and
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Whereas the Principal is required, under Section 17 of the LMFA to evidence financial
responsibility for closure of each registered lagoon; and
Whereas the Surety is licensed by the Illinois Department of Insurance; and
Whereas the Principal and Surety agree that this bond shall be governed by the laws of the State
of Illinois;
The Surety shall pay the penal sum to the Department if, during the term of the bond, the
Department issues a notice of liability to the Surety.
The Surety shall pay the penal sum of the bond to the Department within 30 days after the
Department mails the notice of liability to the Surety unless the Surety assumes responsibility to
provide closure and so notifies the Department. Payment shall be made by deposit of funds into
a designated account upon which the Department is authorized to draw.
The liability of the Surety shall not be discharged by any payment or succession of payments
unless and until such payment or payments shall amount in the aggregate to the penal sum of the
bond. In no event shall the obligation of the Surety exceed the amount of the penal sum. If the
Surety assumes responsibility to provide closure, expenditures made by the Surety for that
purpose may exceed the amount of the penal sum, but the amount of the Surety’s obligation
under this bond is not affected.
This bond shall expire on the ______ day of _____________, _______.
The Principal may terminate this bond by sending written notice to the surety; provided,
however, that no such notice shall become effective until the Surety receives written
authorization for termination of the bond from the Department.
In Witness Whereof, the Principal and Surety have executed this Surety Bond and have affixed
their seals on the date set forth above.
The persons whose signatures appear below certify that they are authorized to execute this surety
bond on behalf of the Principal and Surety.
PRINCIPAL
Signature Name
Typed Name
Address
Title
State of Incorporation
Date
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Corporate seal
CORPORATE SURETY
Signature
Typed Name
Title
Corporate seal
Bond premium:
$____________
(Source: Repealed at 25 Ill. Reg. _______, effective __________________________.)
Section 506.Illustration B Irrevocable Standby Letter of Credit (Repealed)
IRREVOCABLE STANDBY LETTER OF CREDIT
Director
Illinois Department of Agriculture
P.O. Box 19281
Springfield IL 62794-9281
Dear Sir or Madam:
We have authority to issue letters of credit. Our letter-of-credit operations are regulated by the
Illinois Commissioner of Banks and Real Estate or our deposits are insured by the Federal
Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. (Omit
language that does not apply.)
We hereby establish our Irrevocable Standby Letter of Credit No. _________in your favor, at
the request and for the account of _______ up to the aggregate amount of _______ U.S. dollars
($________), available upon presentation of:
1.
your sight draft, bearing reference to this letter of credit No._______; and
2.
your signed statement reading as follows: “I certify that the amount of the
draft is payable pursuant to regulations issued under authority of the Livestock
Management Facilities Act [510 ILCS 77] and 35 Ill. Adm. Code 506.606(a) or
506.606(c).”
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This letter of credit is effective as of _______ and shall expire on _________.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit,
we shall duly honor such draft upon presentation to us, and we shall deposit the amount of draft
directly into a designated account in accordance with your instructions.
This letter of credit is governed by the Uniform Commercial Code [810 ILCS 5].
Signature
Typed Name
Title
Date
Name and address of issuing institution
This credit is subject to
(Source: Repealed at 25 Ill. Reg. _________, effective _______________________.)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on November 1, 2001, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
