ILLINOIS POLLUTION CONTROL BOARD
    March
    26, 1975
    Re:
    LIVESTOCK WASTE REGULATIONS
    )
    R72-9
    ORDER
    OF THE BOARD
    (by Dr. Odell)
    As originally submitted to the Illinois Pollution Control
    Board
    (Board) Rule 401(a), Compliance Dates,
    of Chapter
    5 read as
    follows:
    “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 to obtain NPDES Permits under
    Rule 202 or 203, two years after the
    effective date of this Chapter;”
    Testimony by farmers
    (R.
    600,
    618)
    and especially written
    comments received July 30,
    1974,
    from Dr. Earl
    R.
    Swanson, Acting
    Head
    of the University of Illinois Agricultural Economics Depart-
    ment,
    indicated that this period
    (two years)
    should be lengthened
    to provide more time for existing facilities to be altered with
    needed diversions, holding ponds,
    etc.,
    to comply with the pro-
    visions of Part
    I.
    After the effective date of these Regulations
    (final approval as per Section 402 (b)
    of FWPCA of 1972),
    it is
    especially important that farmers have two full summer seasons to
    plan and install the structures needed to comply with this Rule
    401 (a)
    When Rule 401(a)
    of Chapter
    5 was adopted by the Board on
    August
    29 and September
    5, 1974,
    there was a 28-month period (in-
    cluding two full summers)
    intervening before the compliance date
    of December 31,
    1976,
    that was established for existing facilities
    with regard to Part I.
    When the Board adopted Chapter
    5, includ-
    ing Rule 401(a),
    it assumed that final action on these Regulations,
    pursuant to Section 402(b) of FWPCA of 1972,
    as amended, would be
    consummated before the end of 1974.
    Less than two years now remain before the Rule 401(a) com-
    pliance date of December 31, 1976
    (instead of more than two years
    as requested in testimony and comment), and final approval of
    these Regulations does not appear imminent.
    In view of these cir-
    cumstances, the Board reopened the record of R72—9 on January
    3,
    1975,
    to consider changing the compliance date in Rule 401(a)
    of
    Chapter
    5 from “December 31, 1976”,
    to “thirty
    (30) months after
    the effective date of this Chapter.”
    This proposed change in com-
    pliance date was published in the Board’s Environmental Register
    No.
    97;
    no comment was received on it.
    Therefore,
    the compliance
    date will be changed as proposed.
    This will insure that farmers
    will have two full summer seasons to plan and install structures
    16— 253
    —2—
    needed to comply with this Rule 401 (a), irrespective of the
    effective date of these Regulations.
    ORDER
    IT
    IS THE ORDER of the Illinois Pollution Control Board
    that Rule 401(a)
    of Chapter
    5, Livestock Waste Regulations,
    is
    hereby changed to read
    as
    follows:
    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 to obtain NPDES Permits
    under Rule 202 or 203, thirty
    (30)
    months after the effective date
    of
    this Chapter;
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the a~oveOpinion and Order was ad-
    opted on the ~(~day
    of
    ___________,
    1975, by a vote of
    ___
    to’b
    C ristan
    L. )~ffett
    16—254

    Back to top