ILLINOIS POLLUTION CONTROL BOARD
June
 22, 1978
IN THE
 MATTER
 OF:
AMENDMENTS TO THE AGRICULTURE
RELATED POLLUTION REGULATIONS
 )
 R76-15
OF THE ILLINOIS POLLUTION
CONTROL BOARD
 )
PROPOSED OPINION
AND
ORDER OF THE BOARD
 (by Dr. Satchell):
This regulatory proceeding was initiated before the Board
by the Illinois Environmental Protection Agency
 (Agency)
 by
filing a petition on July 9,
 1976 for amendments to the
Chapter
 5:
 Agriculture Related Pollution Regulations
 (Chapter
 5).
This proposal was numbered R76-15 and published in Environmental
Register #130, July
 30,
 1976.
 Public hearings were held on
this matter on August 23, 1977 in Mt. Vernon, Illinois and
August 25, 1977 in Moline,
 Illinois.
 Economic impact hearings
were held on February 7, 1978 in Galesburg,
 Illinois and
February
 8,
 1978 in Jacksonville, Illinois.
The purpo~eof these
 amendments
 is
 largely
 to
 comply
 with
Federal requirements.
 These amendments will make the Board’s
Chapter
 5 consistent with the revised
 (as of March 18,
 1978)
USEPA National Pollutant Discharge Elimination System
 (NPDES)
program
 on
 animal
 feeding
 operations.
 The
 second
 reason
 for
the amendments is to set a fixed date for compliance with
part one of Chapter
 5 for all feedlots not subject to NPDES
authority.
 The current dates, established in March,
 1975, were
set to be effective for new facilities when Illinois received
NPDES
 authority
 from
 USEPA
 and
 for
 existing
 facilities
 thirty
months after receipt of NPDES authority.
 This authority was
believed imminent at the time
 (R.
 12).
 However, Illinois did
not
 receive
 the
 authority
 as
 expected
 and
 the
 compliance
 dates
were consequently pushed forward.
 Thus in this proceeding the
Agency has sought to establish
 a date certain for compliance.
It should be noted at this point Illinois received NPDES
authority in October 1977 and notice was filed with the
Secretary of State on October
 24, 1977.
Hearings concerning livestock waste were held in 1972 and
1973;
 however, these were stayed pending further agricultural
input and developing federal regulations.
 On July 5,
 1973 the
federal regulations were finalized.
 The Board adopted regulations
 on August 29, 1974.
 These were amended on September 5,
 1974
and again on March 26,
 1975.
 This final amendment set the cur-
rent compliance dates.
The Agency believes there has been adequate notice to
those facilities not needing NPDES permits to obtain compliance
aO-695
—2—
with
 the regulations
 (R.
 12,
 13) and that thirty months from
October of 1977 is an unwarranted amount of time to achieve
compliance
 (R.
 13).
 The Agency proposes a December 31, 1978
compliance date
 (Aug.
 22,
 1977 amendment).
 This wouldallow
 a
complete construction season for facilities not already in
compliance to comply.
 The Agency further submits that con-
sidering the lengthy proceedings in this cause there
 is no
element of surprise to livestock producers
 (R.
 13).
 The Agency
estimated that 300 to 500 facilities would need to make major
modifications to meet Rule 203 and that a “goodly number” of the
40,000
 feedlots in Illinois would need to make minor modifica-
tions to meet the requirements of the regulations
 (R.
 16, 46).
Dr. Donald W. Lybecker, the author ci
 the economic impact
study, made the following observation concerning compliance dates.
“The point is that if a farmer is going to have
 to make a capital investment in animal waste pollution
abatement facilities, in general the investment is
better made sooner than later.
 Givex~the range of
interest rates during the last five years and the
increase in the cost of labor and materials for the
construction of the pollution control systems,
 a
return
 of~fromnine to 13 percent above the cost of
capital woul~be realized.
Exceptions
 to this generalization must, how-
ever,
 be noted.
 Those producers who are short of
capital and find themselves with relatively large
debt loads may not be able
 to finance the necessary
capital improvements or
 if
 so, they may be required
to pay a premium for the required additional
 funds.
Table 3.13 shows the variation of returns for hogs,
feeder cattle and dairy cattle for the period 1966—75.
During these ten years,
 only hog producers have been
able to cover all of their feed and nonfeed costs.
Both the dairy and feeder cattle operators show
losses on average.
 Projected nonfeed costs for future
production show increases of from 38 to
 50 percent,
indicating additional income pressure for these
livestock operators.”
 (IIEQ Doc.
 No.
 77/23, pp.
 37,41)
This analysis was brought into question at the economic impact
hearing because it compares interest rates with price indices.
This would cause the “return from nine to
 13 percent” to
disappear.
A representative of the Illinois Livestock Association,
John Killam, observed at the February
 7,
 1978 hearing that the
variables affecting the industry are so great that it is dif-
ficult to put numbers on the economic impact
 (R.
 109—113).
30—606
It was r~
 I at the hearing that the two methods of
compliance c1~o~~
~
 economic analysis, the vegetative filter
ard the holdi
 pond,
 are perhaps the most expensive methods of
c~uaeiiancear~ that by use of some simpler methods costs might
be decreased
 (F.
 94-96).
 One such method might be shifting a
feedlot from cue side on
 a hill to another to avoid direct
runoff into
 a s~ream. Assuming some farmers have some such
cptions availab~ethe costs would be lower than estimated.
 It
should be noted that data in this area are not readily available.
Vuch of the a
 romic impact analysis was done with reliance on an
unpublished Soi
 Conservation Service
 (SCS)
 document
 (Reference
*30 of IIEQ Loc
 No.
 77/23).
 This document reflects estimates
of numbers of ~eedlot operations
 in Illinois that would be
believed to be in violation of specified effluent guidelines
(Rj.
 101-103)
 These estimates were received through a survey
 of people workirg with SCS and extension services
 (R.
 102),
The Board
 bserves that feedlot operators have had sub—
stantial notic
 of these regulations because of the on—going
regulatory process since 1972.
 These operators even without
Chapter
 5 wou
 d have to be concerned with compliance with Chapter
3:
 Water Poll ~teon Regulations and Section 12 of the Environ~-
mental Protection Act (Act),
 Ch.
 111 1/2 Ill,
 Rev.
 Stat.
 §1012
~1977)
 The e onomic impact of these proposed regulations
considered in ~thislzght become negligible.
 The fact that these
egulations
 er
 ate already existing Federal Regulations raises
‘re question:
 is’there any new economic impact as a result of
action by the
 ~ate of Illinois?
The Boatd
 ill enact an earlier compliance date for Rule
401(a) of Chapa~r5.
 However,
 due to the time delay since the
Agency~sprop~ü the Board will extend the date beyond its
proposal to Jots 30,
 1979.
 The Agency has indicated that those
operations in~ ned to come into compliance will have already
done so
 (R
 l~’
 13);
 however, this will provide an additional
six months
nOt
~e
 to those who might be awaiting official action
on the regu1~ion.
Other than the compliance dates all the proposed changes
 in the Chapter
 5 Regulations are in response to amendments to
the Federal NPDES program on Concentrated Animal Feeding
Operations pu~irthed
 in the Federal Register on March
 18,
 1976
(R.
 41,
 51).
 ~de changes include six new definitions wnich
are animal feeding operation, animal unit, man—made, man—made
ditch
 navigable waters and silvicultural point source.
 An
animal feeding operation is defined as
 a facility where
animals are confined for
 45 days or more per year and the
entire lot is void of vegetation during the normal growing
~eason.
 This excePts pasture operations with proper management
(R.
 51).
 The definition of an animal feeding operation is
substituted ~
 the term livestock feedlot,
 This means that
30-607
—4—
minor changes
 hula 104(c)
 and to the definitions for
feedlot runof::
 -
 :ciok management facility
 and
 livestock
waste
The defin:
 :2’
 ~
 silviculture point source reflects the
latest USEPA rev’:ll~nto clarify that the discharge must be
specifica:Lly
 re~:. ~o
 s~lvicultural
 activities
 (R.
 52)
 There
 are no silvicull’~.
 point
 sources
 in
 Illinois
 (R.
 79).
The definitInt rf animal unit is quite similar
 to that
promu.gated by 1hll~e
 To make the list more nearly complete the
Agency
 proposed
 -ed.
 multiplier
 numbers
 for
 young
 dairy
 stock,
swine
 weighing mJ~ ~
 pounds,
 turkeys,
 laying
 hens
 or
 broilers,
and
 duci~s
 (R.
 ~
 ~u~ing
 the
 course
 of
 the
 hearing
 the
 term
~hrood
 cows’~ w~r ~~ded
 to
 the
 slaughter
 and
 feeder
 cattle
category
 and
 ‘llr::~
 ~r
 goats~
 was
 added
 to
 the
 sheep
 category.
These
 changes
 we::t-
 eisa
 made to assure
 ease
 of
 understanding
in
 noraDuting
 a~n’
 units.
The defin:
 -:
 ~f
 man—made
 and
 man-r:ade
 ditch
 were
 included
to :nake it clear
 llr
 a
 vegetative
 filter
 would
 be
 considered
 a
treatment
 dev:LCL
 ~-~nd
not
 a
 man—made
 ditch.
The navi’~ahll~~~:ters
definition
 is
 that
 of
 40
 CFR
 125.1(p).
Rule
 104(r’
 een
 modified to
 simply
 state
 that
 all
persons
 must
 c:~
 -
 :Lth
 the Environmental Protection Act and
all
 Board regUl~
 This
 is
 simply
 a
 restatement
 of
 the
 law.
Rules
 202 ~ll ~03 deal with NPDES permits.
 The amendments
break
 down
 ren~.
 2
 ots
 in
 greater
 detail
 than
 the
 existing
 form.
As
 previously
 n:.
 :
 tue
 modifications
 in
 the
 requirements
 are
made
 in
 accorhe~
 :::th
 the
 revised USEPA orogram on Concentrated
Animal Feeding 1aenullons.
 Rule 202 (a)
 requires an NPDES
 permit
for operatlcns
 ;
 :~-7
 tore
 than 1,000 animal units.
 The single
exception
 to
 ~llo
 Li
 the
 operation
 discharges
 only
 in
 the
event
 of
 a
 25~v~~
 ~4-hour
 storm
 event.
 Rule
 202(b)
 requires
an
 NPDES
 permit
 ~oerations
 with
 300
 to
 1,000
 animal
 units
1± either
 of n:~o
 -
 Utions
 are
 met:
 (1)
 pollutants
 are
 dis—
~
 arged
 direcot’
 -
 -
 nwigable
 waters
 through
 a
 man—made
 device,
or
 ~2)
 pollu:::
 -
 ~-
 a
 discharged
 directly
 into
 a
 stream
 or
other
 body
 of
 ~
 -,
 ~t~:ch
 comes
 into
 contact
 with
 the
 confined
animaL
b
Rule
 203
 p:c•.
 -
ice for case—by--case determination for NPDES
permits other ‘h~
 v:ee coming under Rule 202.
 After consideration
of
 tne
 factors
 ce~
 c~th
 in
 the
 regulation
 the
 Agency
 may
 designate
a
 facili::v
 as
 r~r
 ~:ng
 an NPDES permit.
 Prior
 to requiring a
nermit the Agen:~~
 :.ost-
 make
 an
 onsite
 inspection
 and
 notify
 the
owner
 or
 opera’:
 ~: wthting.
 No
 permit
 may
 be
 rec~uired
 if
the
 animal
 feet:
 .;
 m:eration
 discharges
 only
 in
 the
 event
 of
 a
25-year,
 24-~hctr
 ‘om
 event,
 Under
 Rule
 203
 t’PDES
 permits
 can
be
 required
 crib
 :~s:ther of the following conditions
 is met:
(1)
 there
 is
 t
 i. :~~nergethrough a man-made device,
 or
 (2)
 a
stream
 or
 oth~r
 waL.
::-
 comes
 into
 contact with the confined
ani:nals.
30-608
A
 new
 paragraph
 hi
 b~auded
 .0
 ~.uis
 2u7.
 tu~e
 2U7ycj
concerns
 land
 trust
 c1ct~uos,
 ~
 once
 again s_m~ly s-ates
the
 law of Illinois,
In
 the
 economic
 ana1ys~s
 Dr.
 Lybecker
 considered
 most
 of
the
 changes
 proposed
 other
 than
 the
 compliance
 date
 as
 having
 no
economic
 impact.
 The
 one
 exception
 in
 the
 analysll
 was
 the
300—1,000
 animal
 unit
 operation.
 ii
 it
 is assumed these operations
are
 not
 covered
 under
 current
 regulations
 then
 :tbout-.
 6
 iOO
livestock
 operations
 would be affected
 ~IIEQ Doc,
 77/23
 p.
 2).
For
 128
 farms
 with
 surface runoff problems
 the
 investment
 costs
 for
 pollution
 abatement would
 be
 i~C’it
 ~l.
 6
 million,
 an r
 an.
additional
 net
 operating
 cost
 of
 can
 ~l~2
 ,000
 would
 be
 incurred
annually,
 i~.
 This
 of
 course
 in
 tnsed
 on
 cbs
 assumptio~
 however~
these
 operations
 could
 poss~b1y
ocne
 under
 the
 current
 Ruts
 203
and
 would
 come
 under
 Federal
 regulltlon
 if
 not
 covered
 by
 the
State.
 Consequently,
 as
 stated
 earlier
 there
 is
 a
 qucation
 if
there
 is
 any
 economic
 impact.
 Ma~’nof
 tne
 problems
 discussed
with
 the
 economic
 analysis
 of the compliance date arise
 again
now:
 the great variability
in
 the
 industr7,
 the avaiiabilnt~~
of
 data,
 the
 choice
 of compliance
methods,
 arid the requirements
 of
the
 Environmental Protection Act
 duO-. other Board regulat~cns.
Based on
 The iniorm~tionpresented the Board will cc.
-
 the
changes requested by
 the Agency in Rules 103,
 104, 2o~,
23,
 207
and 303 of Chaptef
 5:
 Agriculture Related Pollution
 ~egniat:tons.
Rule 401 will be modified as cons
 tent
 with this opi~ncn.
ORDER
It is the order
of
 the Pollution Control Board tha: cbs
following modifications shall be made to Chapter
 5:
 Aqrllh:ure
Related Pollution ReguJat~ons:
In Rule
 103 the definition of Livestock Feedict is
 :oe&ed,
Rule 103 will
CO;~n.
 the
 following ~iewor modi:ruL
definitions:
Animal
 Feedin9~jeration~
 A
 lot
 or
 facility
 ~other
 ~
an
 aquatic
 animai
 production tac1~rty)where
 the
following conditions are met:
(i)
 Animals
 have been,
 are,
 or will be
 stab:Led.
 or
confined
 and
 fed
 or
 maintained
 for
 a
 total
 of
 4~
days
 or
 more
 in
 any
 12-month period, and
(ii)
 Crops,
 vegetation,
 forage
 growth
 or
 pOSt~
harvest residues that are grown in place
ace
 oo
sustained
 in
 the
 normal
 growing
 season
 o~rer an~
portion
 of
 the
 lot
 or
 facility.
Two
 or
 more
 animal
 feeding
 operations
 under
 co:rn’o~
~ninsr-
ship
 are
 deemed
 to
 he
 a
 single
 animal
 feeding c’~
‘
if
 they
 are
 adjacent
 to
 each
 other
 or
 if
 they
 ut
common area or
 system
 for the disposal of wastes
30~609
~eaen.t
 nor
 ~ny
 animal
e~ by
 addng
 tie
 following
‘~,
 r~vers
 a~~d
 llreams
 ,ihich
si
 by
 interstate
 t~avelers
 for
3
 aa
Or
 OLflC~
 pui5~o~es;
cc
 rivers
 and
 ~treams
 f~ru
~
 -in
 If ill
 are
 taken
 and
 sold
I L
Br~
ph
 -
-
 C
V(
C
Sw3r
Hor~e”
I
 crY
 ~
tir
 f-
La
Duci
tT
 lo~
 ‘-
anurral
 f~
other
 wa~
ni
 I
 C
 -‘
,ic
 3t~c
-
~
 ‘-I
 ~
~ry
f’~c
05
 ~
 -
(j
Ti
 ~
 C
Mar
 rt~~
 :L~
a
 to
 di
ax
Na
 itch
p t~
 and
 feeder
 cattle
 multi-
i-~
 1.4
a1’i:~
 3
 by
 6
ES
 p
 mdc n:ltiplred by 0.4
o
 ~o
 pound~
 nultxplusd
 by 0.03
~
 au~ itu~tiplrh
 by
 0.1
b
r
 ~
 nn~rL
 ry
 0.01
 (if
~‘r~n
 ~us
 o~
 ~w
 watering)
~ lJ~l.
 c
 by
 0,03
 (if
 the
~4d
 nancre
 hndli~ig
 system)
i
 sy
 ~.
a
 ~
 R
 rl~
 ~q
 from any
)
 n~
 ty
 ~
 ci~n~itatuon
 or
-
 ig
 or
 :lcwing
 onto
 an
~
 ‘cu
 feeding
 opera—
a
 ~r_~
ung
 and
 ac—
‘1
I
 -cr ~
 ‘eT,oL1c~ted feed
m-
 c.
 ~
 ~rix
 cup
 ivaters
 from
pcraciou
 pcr~taJ
 o~
 falling
 on
~ ~cr,
 and
 other
:
3
 y
 tan
 cu’
 c.
 the
 purpose
cu
 et~ cu~-~ure
 ~i~i
 excavated
a
 ~ia
 -~
 ~j
 ll.estock
S
 cucera
 rth~
 h
 ILOt
 to
 be
~3
 p~ne
 disposal
e~vucr
 ~
 .~
 crcu
 ~i-e
 form
)taCS
 wa
 e~.
 -
a~
.ysten.
i
 L~Ei~
 (iL
 t~t.
 cru
 St~tet~
 ci
-~
 ,r~to~
 ll
 ~ie
 ul-ILCU
 btates;
~
 na~ip~c~l~xate
 s
 of
 the
~)
(6)
 -i~. ~
 ~ka:
 o1vnrs,
 cud streams
 which
are
 ‘arc ¶ized
 for
 uncustrial
 purposes
 by
~ndustrths
 ~n
inre:-state commerce,
Silvicultural
 Point
 Source:
 Any
 discernible,
 confined
and
 discrete
 conveyance
 related
 to
 rock
 crushing,
 gravel
washing,
 log
 sorting
 or
 lo~ storage
 facilities
 which
 are
operated
 in
 ~:onnoccion
 with
 Ivucultural
 activities
 and
from
 which
 ~.ol1ntants
 are
 ficaharged
 into
 navigable
waters.
Rule
 104(a)
104 LIVESTOCk
 MANAGEMENT_FAP::L1TY_AND
 LIVESTOCK
 WASTE—
HANDLING
 FACILITY_OPERr~?1ONS
(a)
 Genera:
 Criteria
(1)
 Besides the
 Re-Iulations
 contained within this
Chapter,
 every person
 shall
 also comply with
the
 provisions of the Act and Board
Regulations
(2)
 The
 cwner
 or
 op-crator
 of
 any
 iuvestock
 manage—
ment
 facility
 or
 livestock
 waste—handling
facility
 shall
 comply
 with
 the
 FWPCA,
 NPDES
filing requireoents, and the
 Feedlot
 category
of
 point
 source
 effluent
 guidelines.
(~3~ These
 Regulations
 shall
 apply
 to
 stockyards
 and.
sirnhar
 operations
 where
 animals
 are
 held
:nist.lv,
 as
 welL
 as
 to
 conventional
 livestock
‘nerstions.
(4~
 The
 transportation
 of
 l:vestock
 wastes
 shall
 be
planned
 and
 conducted
 so
 as
 not
 to
 cause,
tnre-~ten,
 or
 allow
 arp,
 violation
 of
 the
 Act
 and
-‘~pIicab1e
 regulations.
Rule
 104 (c~
(c)
 P:tec:~c:n
 of
 Livestock
 Manacement
 Facilities
 and
~
(1~
 Loistong
 livestock mancrrement
 facilities and
1:
 re5tock
 waste—handling
 facilities
 shall have
adecuate
 diversion
 dikes,
 walls,
 or curbs that
‘iil
 prevent
 excessive
 outside
 surface waters
from
 flowing
 through
 the animal feeding
operation
 and
 will
 direct
 runoff
 to
 an~ap—
nrc-priate
 disposal,
 holding,
 or
 storage
 area,
The
 diversions are required on all aforementiorill
structures
 unless
 there
 is
 negligible
 outside
-:urf ace
 water which
 can
 flow through the
3Q—6~
—8-’
that will prey
runoff waters
feeding
 ope
appropriate
area.
 The
 ci
aforementio
 -~
negligible
F
low
 throuch
tri~utary
 to
livestock
 w~st
pond
 must
 be
equac
 to
 o
Fceding opea
a
 part
 of
 th
(ir.cludune
 ro
facil
 t~
 ,
frorr
 earthe~
conCrete
 or’’
justh
-
ab ~
storage
 vol’
St
 rage
 vol’
v:ocrtic
 of
the
 Agency
 may
 In
 no
 case
 ha
contaxrmer
 L
 -
24-lour
 ~torm
by
 h
 rew
 s
U.S
 Invicorm
L
fa-
 In ties
 shall
 have
cres, walls, or curbs
or
 x
 e
 outside
 surface
-ii
 S
 —
 through
 the animal
-
 i
 rect
 runoff
 to an
~ng
 or storage
-
 cc
 q-uired
 on
 all
n’ess there
 is
rr
 cc water which can
or the runoff
 is
-
 o’
 disposal
 area
 or a
aculity.
 A holding
ring
 a
 volume
‘-
 a
 of
 the
 animal
I
 ~ry
 trubutary
 area
 not
Ti
 ‘C
 dug
 operation
trbutary
 to
 the
i
 e
 y
 ~2
unches for runoff
r
 r~cnes for runoff from
-
~
 he operator has
~
 an coating
 that
 ci
lesser
IF
 inadequate
torsaten
 to
 cause a
t
 ~-p~icableregulations,
u-ceotive measures.
e
volume
 of
 the
~s than the 25—year,
Idellnes as required
crace
 standards
 of
 the
rctlon Agency for the
roe
 a
 ag(rv.
Rule 202:
202
 PERMITS
 REQtIRh
 ‘
 P
 Li
 “
 I
An
 NPDES permit
 s
 ~l be
 ~q
 rh
 ho
 an animal feeding
operation w. ic’
 J
 -
is
 ~-
 a
 ll-
“
 r
 ia set forth
 in
(a)
 or
 (b) be ow:
 r
 ‘ow
 ~j
 -,
 hat no animal
feeding operation hail
 c~~
 -
 pen-at
 if it dis-
charges
 only
 in
 the
 Cve~t
 ‘f
 a
 2b-1ea~
 24-hour
 storm
 event.
(a)
 More
 than
 Inc
 nombors
 or acrmols specified in any
of
 the
 following
 cate~’
 ies
 are
 confined:
facility or the runoff
 is tributary to an
acceotatcr
 (Lusnosal area or a livestock waste-~
handling fcc
 I
 ty.
 If inadequate diversions
cause or threa~ento causa a violation of the
Act or appli
 c-tie regulat-~ons,the Agency may
requ4-re corn ~tve
 measures,
(2)
 New livestock car
 ~eircntiac~htiesand live--
stock waste rand cig
adequate div r~
 r,
4-
C
‘-‘-p
—9—
Number of
Animals
1,000
700
500
2,500
10,000
55,000
100,000
30,000
5,000
1,000
____
 Kind of Animals
Brood cows and slaughter and
 £ceder
cattle
Milking dairy cows
Horses
Swine
 weighing
 over
 55
 pounds
Sheep,
 lambs
 or
 goats
Turkeys
Laying hens or broilers
 (if the
facility has continuous overflow
watering)
Laying hens or broilers
 (if the
facility has
 a liquid manure handling
systen)
Ducks
Animal
 units
(b)
 More than the following numbers
 and
 types
 of
 animals
are confined and either condition
 (1)
 or
 (2)
 below
is
 met:
Number
 of
Animals
300
200
750
150
3,000
16,500
30,000
9,000
____
 Kind_of_Animals
Brood cows and slaughter or feeder
cattle
Milking dairy cows
Swine weighing over
 55 pounds
Horses
Sheep, lambs or goats
Turkeys
Laying
 hens
 or
 broilers
 (if
 the
 facility
has continuous overflow watering)
Laying hens or broilers
 (if the facility
has
 a liquid manure handling system)
—10—
1,500
 Ducks
300
 Animal
 units
(1)
 Pollutants are discharged into
 navigable
waters through a
 man—made
 ditch, flushing
system or other similar man—made device; or
(2)
 Pollutants
 are discharged directly
 into
navigable waters which originate outside of
and pass over,
 across, through or otherwise
come into direct contact with the animals
confined in the operation.
None
 or
 the requirements listed in Rule 201,
 202,
or 203 preclude the voluntary
 filing
 of
 an
 NPDES
application
 by
 the owner or operator of an animal
feeding operation.
Rule
 203:
203
 CASE-BY-CASE
 DESIGNATION
 REQUIRING NPDES PERMITS
(a)
 Notwithstanding
 any
 other
 provision
 of
 this
 Part,
the-
 Agency
 may
 require
 any
 animal
 feeding
 operation
not
 falling within Rule 202 to obtain a permit.
 In
making such designation,
 the Agency shall consider
the following factors:
(1)
 The size of the animal feeding operation and
 the amount of wastes reaching navigable waters;
(2)
 The location
 of the animal
 fceding operation
relative
 to
 navigable
 waters;
(3)
 The means of conveyance of animal wastes and
process
 wastewaters
 into navigable waters;
(4)
 The slope, vegetation,
 rainfall, and other
factors relative to the likelihood or frequency
of discharge of animal wastes and process
wastewaters into navigable waters; and
(5)
 Other such Factors bearing on the significance
of the pollution problem sought to be regulated.
The Agency,
 however, may not
 require
 a permit under
Rule 203(a)
 for any animal feeding operation
 with
less than the number of animal units
 (300)
 set
forth in Rule 202(b)
 above,
 unless
 it meets either
of the following conditions:
Ci)
 Pollutants are discharged into navigable waters
through a man-made ditch,
 flushing system or
other similar man—made device; or
30-6~
(ii)
 Pollutants
 are
 discharged
 -directly
 into
navigable
 waters
 which
 originate
 outside
 of
and pass over~-
 c-cross,
 through
 or
 otherwise
come into
 direct
 contact with the animals
confined in
 the. operation.
(b)
 In
 no case may a
 pe~:-c-ritapplication
 he required from
an animal feeding
 oteration.
 designated pursuant to
this Rule until
 there
 has
 been
 an
 onsite inspection
of the operation
 and
 a
 delamination that the
operation should
 and
 could
 be
 regulated under the
permit
 program.
 ha.
 tdditian,
 no
 application may
be
 required
 from
 an
 owner
 -
-r
 operator
 of
 an
 animal
feeding
 operation
 designanni.
 aursuant
 to
 this
 Rule
unless the
 owner
 or
 aperata:
 ts
 notified
 in
 writing
of the requirement
 fo
 apply
 for
 a
 permit.
Cc)
 Upon receipt
 of
 the
 Aoencyh
 notification that
 an
NPDES permit
 is
 required
 narinant to Rule 203(b)
of this Chapter,
 the
 operator
 shall
 make application
to the Agency
 within
 60
 days.
 The
 Agency may issue
an NPDES permit
 wita
 a
 comPliance
 schedule detailing
interim steps
 to
 he
 taken
 along with
 a final date,
-riot
 to
 exceed
 14
 months
 from the date
 the
 permit
is
 issued,
 by which compliance with the Act and all
applicable
 regulaticns
 shall
 be
 achieved.
(d)
 No animal feeding
 -operation
 may be required to have
a permit if it discharges only in the event of a
25—year, 24—hour
 storm
 event.
A new Rule 287(c)
207 APPLICATIONS
 -
 FILING
 AND
 FINAL
 ACTION
 BY
 AGENCY
Cc)
 ~
 Recuired
 For
 Land
 Trusts.
 An
 applicant
filing for an NPDES
 permit
 shall satisfy the re--
quirements of
 Chap-:~r 148,
 Section
 72,
 of
 the
Illinois
 Revised
 Statutes
 (1975)
 before
 the
 Agency
grants
 the
 applicant
 its
 permlt.
Rule 303:
303
 SILVICULTURAL
 ACTIVITIES
NPDES permits are required for
 discharges
 from silvi-
cultural point sources.
Rule 401:
401 COMPLIANCE DATES
Compliance with the limitations of Part
 I
 of this
 Chapter
shall be
 achieved
 by the following dates:
(a)
 With
 respect
 to
 existing
 facilities
 not
 required
—12-
st.,
 ‘L..~
 N
 ~‘
 rernits,
 by
 ~
 1)79.
(b;
 -i..L~ ep..
 ~~z.otheren-
 -e
 aninew
~ctiit4cs
 at
 -he effectiw
 --
 e of this
anndnei t
I, chrsstcn
T.
 )joCfett
 -
 -
 -
Control
 Board,
 nereoj
 ces4
 2
 1
 .
adopted
 on
 the
 ~j
 -
ote of
.1fr~t
S
 At.
;
 IC’S
 4.
 t
 ,tr
30
 b