ILLINOIS POLLUTION CONTROL BOARD

January

3,

1975

Re:

LIVESTOCK WASTE REGULATIONS

R72~9

INTERIM ORDER OF THE BOARD

(by

Dr.

Odeli)

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

Department, indicated that this period

(two years) should be

lengthened to provide more tii6e for existing facilities to be

altered with needed diversions, holding ponds,

etc.,

to comply

with the provisions

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~monthperiod (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, including

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

hereby

reopens

the

record

of

R72—9 to con~

sider

changing

the

compliance

..date

in

Rule

401(a)

of

Chapter

5

~rom

~)~cemoer ~1

~976~, ~o

~h~rt~’ ~30) mon~s after the

effective

date

o.f

this

Chapter.”

This

will

insure

that

farmers

wi..i1

have

ten

fui.1

summer

seasons

to

nan

and

install

structures

15—101

---

needed to comply with this Rule 401(a), irrespective of the

effective date of these Regulations. Comments on the revision

of Rule 401(a) proposed herein will be received by the Board

for

ORDER

IT IS THE ORDER of the Illinois Pollution Control Board

that the record of R72-9

is hereby reopened for the sole purpose

of considering a change in Rule 401(a)

of Chapter

5,

Livestock

Waste Regulations,

as revised below:

Compliance with the limitations of Part

I of this

(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 above Opinion and Order was

adopted on the

J~

day of

_____________,

1974, by a vote of