ILLINOIS

POLLUTION

CONTROL

BOARD

August

29

1974,

and

September

5,

l~i~i

RE:

LIVESTOCK

WASTE

REGULATIONS

ORDER

OF

THE

BOARD

(by

Dr~ Odell)

On

November

6,

1973,

The

:tliinois

institute

For

Environmental

Quality

and

its

Aricultural

Advisory

Committee

subm:Ltted

to

the

Illinois

Pollution

Control

Board

(Board)

pro-

posed

regulations

in

the

above

matter~~ After

considering

information

fro~ hearings

and

comments

on

a

published

draft,

the

Board

adopted

these

Illinois

Livestock

Waste

Regulations

on

August

29,

1974,

with

an

amendment

on

September

5,

i974~

These

Regulations

are

a

part

of

the

Nationa:L

Pollutant

Dis~

charge

Elimination

System

(NPDES)

program

in

Illinois.

They

are

being

submitted

to

the

United

States

Environmental

Protection

Agency

for

review

for

the

purpose

of

the

State

obtaining

approval

of

the

NPDES

program

in

Illinois.

he

etr~ct1ve

~ia~e

of

these

i~eiul~tons

~1iail

ie

the

date

when

the

Board

files

with

the

Secretary

of

State

a

copy

of

a

letter

approving

the

Illinois

L±vestock

Waste

Regulations

by

the

Administrator

of

the

U.S.

Environmental

~Protection

Agency

pursuant

to

Section

402(b)

of

the

Federa:L

Water

Pollution

Control

Act

(FWPCA)

of

1972,

as

amended0

While

the

Board

retains

jurisdiction

to

consider

proposed

modifications in this matter,

this proceeding is deemed

by

the

Board

to

he

a final

action

in

all other respects such as right

of appeal.

IT

IS

SO

ORDERED.

I,

Christan

L,

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Board,

her~by certify

that

~the

above

Order

was

adopted

on

the

~Qq~day

of

~

1974,

and

amended

on

the

day

of

~

othby

a

vote

of

.~

to

~ristanL.i1o

~D*~k

13

451

---

STATE OF ILLINOIS

POLLUTION CONTROL BOARD

LIVESTOCK

WASTE

REGULATIONS

August

29,

1974,

As

Amended

September

5,

1974

---

ILLINOIS POLLUTION CONTROL BOARD

RULES

AND

REGULATIONS

CHAPTER

5:

AGRICULTURE~RELATED POLLUTION

SECTION

1:

LIVESTOCK WASTES

PART

I:

GENERAL PROVISIONS

101 AUTHORITY

Pursuant

to

authority

granted

by

Sections 9,

12, 13, 21, and

22

of the Environmental Protection Act, which empowers the

Board to designate

equipment

or

facilities capable of causing

or contributing

to

air and

water pollution and to set standards

for the issuance

of

permits for the construction, installation,

and operation and for the inspection of said equipment or

facilities; and to adopt regulations

to promote the purpose of

the Act which prohibits the deposit of any contaminants upon

the land in such a place and manner as to create a water poi—

lution hazard; and to set standards limiting the amounts or

concentrations of contaminants that may be discharged into

the waters; and to set standards for the disposal of any re-

fuse and to set procedures for monitoring and reporting con-

taminant discharges at their source; and which directs the

Board to adopt requirements, standards, and procedures which

i.ii

e.s..ah.l.e

th...e

S..tat

to iapieren.t and

part.i.c.ip.a..t.e

i..n

th... e.

National Pollutant Discharge Elimination System

(NPDES)

established by the Federal Water Pollution Control Act Amend-

ments

(FWPCA)

of

1972,

the Board adopts the following Rules

and Regulations.

it is the purpose of the General, Assembly in adopting the

Environmental Protection Act to restore, maintain, and enhance

the purity

of

the air and waters of Illinois

in order to pro-

tect health, welfare, property, and the quality of

life,

An

adequate supply of healthy livestock is essential ~to the well-

being of Illinois citizens and the nation.

They provide the

daily

source

of meat, milk,

and eggs.

Their efficient,

economic

production must be the concern of

both

producers

and

consumers

if we are to

have

a continued abundance

~of

high-~

quality,

wholesome

food

and

of

other livestock

products

at

reasonable

prices.

The

policy

shall be

to

establish regula-

tions

that

will

provide

a

balance

between

a

wholesome

en—

vironment and the efficient

production of

adequate

livestock

products.

---

Livestock produce wastes which, when properly used, supply

nutrients

and organic matter to soils,

The mere presence of

livestock waste in

a given location does not denote pollution,

but may, when improperly stored, transported, or disposed of,

undesirably

affe.ct the environment.

It

is hereby determined that the construction, establishment,

and operation of certain livestock management facilities and

livestock waste-handling facilities without environmental plan-

rung and safeguards or the use of certain livestock wastes for

agricultural purposes causes,

threatens, or allows the dis-

charge ~

contaminants into the air or waters of Illinois so as

to cause or threaten to cause pollution, or to render such

wate•p~éharmful to public health, ~afety, or welfare or to

domedtic, commercial, industrial, agricultural, and recreational

uses or to man, livestock,

wild animals, birds,

or fish or other

aquatic life.

It is the purpose of these Regulations to prevent pollution of

the air and waters of Illinois caused by failure to plan with

regard to proper environmental safeguards the construction,

location, and operation of certain livestock management

facilities and livestock waste—handling facilities,

A pdt~it

system is established to ensure that such activities take

account of environmental considerations and to meet the require—

ments for federal approval, as established by the FWPCA.

It is

also the purpose of these Regulations to prevent pollution from

the numerous point and non—point discharges, both continuous

and fluctuating, which are

present

in certain livestock manage-

ment facilities

or livestock waste—handling

facilities.

To this

end, procedural safeguards are required,

in

addition

to

compli—

ance with the FWPCA, NPDES filing requirements,

and

the feedlot

category of point source effluent guidelines.

103 DEFINITIONS

Except

as

hereinafter stated and

~unless

a different

meaning of

the term is clear from its context,

the definitions of terms

used in this Chapter shall be the

same as those used

in the

Environmental Protection Act and the

Pollution Control

Board

Regulations, Chapter

3, Water Pollution:

Act:

The Illinois Environmental Protection

Act.

Administrator:

The

Administrator

of

the

United

States

Environ--

mental Protection Agency

or his designee.

Air Pollution:

The presence in

the.

atmosphere of one or more

13 —4~

---

contaminants in sufficient quantities and

of such charac-

teristics and duration

as to be injurious

to human, plant,

or animal

.life, to

health, or to property, or

to unreason--

ably interfere with the

enjoyment of life or property.

~

The

Illinois Environmental

Protection Agency.

Board:

The Illinois Pollution Control Board.

Construction:

CommencCment of on-site fabrication,

erection,

or installation.

tock Management Facilit

and ~ves tock Wa te-

~~inFaci1it:

Any livestock management facility and

livestock waste-handling facility the construction or mod--

ification of which has commenced prior to the effective

date

of

this Chapter.

Feedlot Runoff:

Polluted liquid flowing from any livestock

feedlot cai4sed by precipitation or other water sources fall-

ing on or flowing onto a livestock feedlot.

FWPCA:

Federal Water Pollution Control Act,

as amended,

33

U.S.C.

1251,

et seq~,Public Law 92—500, enacted by~the

Congress

October

18, l972,~as amended.

~~~j~ond:

Any excavated,

diked,

or walled structure or

dombination of structures, designed for the interception and

temporary storage of feedlot runoff.

Impermeable:

Not permitting significant passage of fluids

under the usual pressure.differences foundin constructed

livestock waste-handling facilities.

~

Any excavatedj diked, or walled structure or com-

bin~ationof structures, designed for biological stabilization

and storage of livestock wastes.

Leachate:

Waters containing materials removed from livestock

waste.

~

Tank:

Any fabricated structure, with

or

without

a

cover,

either formed in place or transported to

the site,

used for containing

liquid livestock wastes.

Livestock:

Farm animals

kept

or

raised

for food, profit,

use,

or pleasure to include the species

fowl,

ovine, caprine,

bovine, porcine, equine, and other

commercially produced

---

a~imalsand operations such as

ninx,

abbit, etc.

vestock

Feedlot:

Any

tenced

en

yard,

or

~covered ~rea

~

than or ~quai to 600

quare feet is

v

led for each 100

p unds

i’e wetght co tamed tfere_r,

t

h;ch livestock are enclosed a’~any one time and

~ed at

or

t

~r

tie pla e

crf~neset

ird crop or

f rage growt.

—

~‘

duction

s

tot sustainea

rn the area

“f

orti’ieme~ut

his

loes rot 1,ncLude laic used

~ r the crt~wirgof

“rops

r

creF~tionto’ livestock feec.tng.

~

Any l’vestock teealot

tave

ct-ni~k~rhelter or on--farmmilkina a~daccompanytn~milk—

a~dlmngarea.

uivestock Shelter:

Any covered structure,

including out not

iflIE’~dt6”~livestock

houses

or

barns

in

which livestock are

enclosed at any time.

Livestock Waste:

Livestock excreta and associated feed losses

~

sprinkling waters from livestock cool-

ing, pr~..cipitationpolluted by falling on or flowing onto a

livesto.~kfeedlot, and other materials polluted by livestock.

~kWa~e-Handlin~,~cilit:

Individually or collectively

those constructions or devices, except

sewers, used

for collect-

ing, pumping, treating, or disposing of livestock waste or for

the recovery of byproducts from such livestock waste.

Such a

facility

includes

acceptable disposal areas, such as pasture or

other suitable agricultural land, which can serve

as

an ade--

quate filtering device to settle out and assimilate pollutants

from livestock waste before the clarified

water

reaches a

stream or other body of surface water or groundwater.

Manure Storage Structure:

Any permanent area or structure

whmch~I~

impermeable and is used for stacking, storing, or

containment of livestock waste.

Modification:

Such physical change in, or alteration

in the

method of

operation

of,

any livestock management~facility

or

livestock waste—handling facility which increase~the amount

of livestock waste over the level authorized by the NPDES

Permit.

~ves

to ck

Mana

ement

Facilit

and

New

Lives to ck

Waste--

~!i~~li~:

Any livestock management facility or

livestock waste--handlingfacility the construction or mod—

ification of which is commenced on or after the effective date

of

this Chapter.

—

456

---

P~)FS~the lat onal to

tar~

cha’~’e~

TU.

atmor ‘~ystem

~TrTj~sumrg,

estab ~stmne

c

r

it one

r

n

oenyiTg

ermrt~

ocr

Secti n

0

o.

t~

~ ~A

I

~ems

s

d

~

rnectr

~rt

~PDES ~hich have

eer

efined in ~e

WPCA

r

‘eaula’~ n

a

opted thereunder ~.a

I mbv~ ~-ierrear.i gs

oec~t~ei er~

ness

oecifically note

reqis~

pervrsec a

JJVCS

ck

vaste—t~ndlingta~ilnt’

Iterson

ny rr~dtvrduai partnershrp, co--oartrer~’

to

firm,

~~an

corporat’ n

issociation

~omnt s~ockc’orrpary

trust

estate~nolitical subdiviaio

state agency

r atv other

egal e t~.ty, or ~‘ner legal

eprea

tativ~ ageTt

o.~a~sig

S

Pollutant.

Dredged spoi1

solid waste

incmnerator resiaue

sewage, garbage

sewage

s...udge, muniL

ns, chemi~aiwastes

iological materiala

radioactive materials

heat

~ireckedor

discarded equipment,

rock, sand, cellar dirt, and industrial,

municipal

and agricultural waste discharged mt

~ater

clefmed

in FWPCA.

~

in

Basin.

Any excavated, diked

or

galled structure or

combination of structures designed as part of a

ivestock

~aste--handling facility to detain feedlot runoff for a suf

ficient time to permit solids to settle for later removal.

Standard of Performance:

A standard for the control of the

~~hargfpollutant~

which reflects the greatest degree

of

effluent reduction which t~e Administrator determines to

be achievable

tnrouqh application of the best available d~ti—

onstrated control technology,

processes,

operating

methods,

or other alternatives, including, where practicable,

a

standard permitting no discharge of pollutants,

as defined

in Section 306 of FWPCA.

~

Any

mound or stack resulting from

the

emergency or seasonal piling of livestock ~.fastes.

Water Pollution:

Such alteration

of

the physical,

thermal,

chemical, biological,

or radioactive properties of any waters

of the State, or such discharge of any contaminant into any

waters of the State,

as will or is likely to create a nui-

sance or render such waters harmful or detrimental or in—

jurious to public health,

safety, or welfare, or to domestic,

commercial,

industrial,

agricultural,

recreational,

or

other

legitimate uses,

or to man,

livestock, wild animals, birds,

or fish or other aquatic life.

13—457

---

--6—

104 LIVESTOCK MANAGEMENT FACILITY

AND

LIVESTOCK WASTE-HANDLING

FACILITY OPERATIONS

(a)

General

Criteria

(1)

Besides

the

Regulations

contained

within

this

Chapter, every person shall also

comply

with

provisions

of the Act and applicable Board

regulations concerning Water Pollution, Chapter

3, and Air Pollution, Chapter

2.

(2)

The owner or operator

of

any livestock manage--

ment facility or livestock waste—handling

facility shall comply with the FWPCA, NPDES

filing requirements,

and the feedlot category

of point source effluent guidelines.

(3)

These Regulations shall apply to stockyards and

briefly,

as well as to conventional livestock

operations.

(4)

The transportation

of

livestock wastes shall be

threaten, or allow any violation of the Act and

applicable regulations.

(b)

Location of New Livestock Management Facilities and New

~stockWaste-Handling

Facilities

(1)

No new livestock management facility or new live--

stock waste-handling facility shall

contain within

its

boundaries any stream or

other

surface waters

except

small

temporary accumulations

of

water

occurring as

a direct result of precipitation.

(2)

New livestock management

facilities

and new live-

stock waste-handling facilities located within

a

10-year flood height

as

recorded by the United

States Geological Survey or as officially estimat—

ed by the Illinois State Water Survey shall be pro--

tected against such flood,

(3)

New livestock management facilities

and new live--

stock waste--handlingfacilities shall not be b--

cated in close proximity to populated areas so as

to cause air pollution.

Adequate odor control

methods and technology shall be practiced by

operators of new and existing livestock manage-

ment facilities and livestock waste-handling

facilities

so as not to cause air pollution.

13 —458

---

(.4)

New livestock management facilities or new live--

stock waste--handlingfacilities located on soil

types or geological formations where the deposi-

tion

of

livestock waste is likely to cause ground--

water pollution shall be constructed in such a

way that pollution will be prevented,

or supple--

mentary measures shall be adopted which will pre--

(c)

~

~Waste-Handlin

Facilities

(1)

Existing livestock

management facilities and live--

stock waste-handling facilities shall have adequate

diversion dikes, walls, or curbs that will prevent

excessive

outside

surface

waters

from

flowing

through

the

feedlot

and will

direct

feedbot

runoff

to

an

appropriate

disposal,

holding,

or

storage

area.

The

diversions

are

required

on

all

aforementioned

structures

unless

there

is negligible outside sur—

f

ace

water

which

can

flow

through

the

facility

or

the runoff is tributary to an acceptable disposal

area

or a

livestock waste--handlingfacility.

If

inadequate diversions cause or

tnkeaten

to cause a

violation of the Act or applicable regulations, the

Agency

may require corrective measures,

(2)

New livestock management facilities and livestock

waste--handling

facilities

shall

have

adequate

di--

versions,

dikes,

walls,

or

curbs

that

will

prevent

excessive

outside

surface

runoff

waters

from

f low--

ing

through

the

feedlot

apd

will

direct

feedbot

runoff

to

an

appropriate

disposal,

holding,

or

stotage

area.

The

diversions

are

required on all

aforementioned structures unless there is negli--

gible outside surface water which can flow through

the facility or the runoff is tributary to an

acceptable disposal area or a livestock waste-

handling facility.

A holding pond must be capable

of storing a volume equal to

or. exce~di~ng

the area

of the feedlot, plus

any tributary non—~feedbotarea

(including

roof

area

if

tributary

to

tile

facility),

multiplied

by

12

inches

for

runoff

front

earthen

areas or 15 inches for runoff from concrete areas

unless the operator has justifiable reasons sub--

stantiating that

a lesser storage volume is ade--

quate.

If inadequate storage volumes dause or

threaten to cause a violation of the Act or appli--

cable regulations, the Agency may require correc--

tive measures.

In no case shall the storage

volume of the containment facility be less than

the 25--year24-hour storm effluent guidelines

as

13~-459

---

required by the new source performance standards

of the U S. Envmronmental Protection Agency for

the feedlot point’ source catPgory

~~n~torae

of Livestock Waste

Man~or~Structures

Any

livestock

waste

storec

in

excess

of

smx

months

shall

ne

contained

in

a

marure

storage

structure

2

~ar’Ma~nu~eSta~ks

~,

Temoorary

manure

s

a~hs sta~’

hr

cons-ructea

or

es~’abisned

and

maintained

in

a

manne”

to

pr~vent

runoff

an

leacnate

from

enter-

ins

surface

or

ground

watern

B

NC

temporary

manu

e

s~ack

sha

be

con-

structed

within

1,0

fee

o~.

water

wei’

~

d

nanu’e—t’o)dnrcr

arke

si

I

be

imperne

a~’

a

d

capab

o;

~itnistambng

pressure~

an,a

load

ngs

to

wruc

~uci

a

tan

ray

be

sub-

B

Ho~dm~g

ponds

and

_apoons

stall

be

mmperve

ao~e or

~r

sea~ed

as

to

preven

aro’

nd

water

r

surfar’e

va~er

poliu*j ~n

C

Tne

conterts

of

~mvcst

ck

was.,e—hand

iTU

fa~ Utmes

sha

1

be

k~p~at

leveis

such

~1’a~

thur~

rs

adequate

storage

cars

ity

so

that

an

overflow

doer

no’

occur

except

in

the

case

of

preciomtation

n

excess

of

a

23—year

24-hour

storm

D

~i

Existing livestoci management facil-

ities which handle the waste in

a

liquid forn

shall have adequate stor-

age capacity in

a liquid manure--hold-

ing

tank

lagoon, holding pond

or

any combination thereof so as not to

cause

air or water pollution as

def...n—

ed in the Act or applicable regulations

If

inadequate storage time causes or

threatens to cause a violation of the

Act

or applicable regulations

the

Agency ma~require that additional

storage time be provided

In such

cases, interim pollution preventior

measures may be required by the

Agen’-y

---

(mm

Net

livestock waste—handling facil

ities which handle the waste

ir

a

liquid form shall prov.Lde

mmn.Lmum

of

120—day storage with

a liquid

manure-holding

tan-

lagoon

holding

pond,

or any combination thereof un-

less the operator has ~ustifmable

reasons substantiating that a lesser

storage volume is adequate

If in-

adequat~storage volumes cause or

tureaten to cause a violation of the

Act

r

a~’plmcab1eregn1at~ons the

Agency may require corrective measure~

e

~Almp~,qp,,,,p~tLmvef,~ockWaste

The quantity o~

lmvestoci waste

app..ned on soils shall rot exceed a

practmca..~

limit as determired

b’

soil typ~,especmaly

rt~

permeao.dity

tne condmtmo.

fro~ero~unfrozer

of

I

soil,

the percen

sLope

tr~

land

cover mulct

proxmnit

to surface titers an

l~kelmhoodo’ reacting groundvate

ant other re1evar~considerations. Thest

lizestoc-

wa

tr

apolicatior gumaeli es

t

.~J

e ad.orted ~ rsuant t

Ru

105, unless other’~mcepr

ded f

r hI Bo r’ reauJat~ors

IOu ADCP ION OF DESIGN AN~)NIl ~E’PNCE CRIIER

(a

Uiiess other’qmse ~ro~mded for by B~aa requ~atmo~

the

kgenc~may adopt pro ‘~duresa~’mci se~fort

crmterja

tIe aesian and rat tc~acc o

~ac~’itmes

subJe t t

th

Clapter

These urocedcre~sia

b

re iced fro

ti

t

tine to refle~t

rent

CTU

ncermn~iudgr ert and

ac a~-’c

in

the state of

“

c

art

~o

Before adoptzng

Cl

crite ma or nakina sur~tantye cia

j~

“~

any cuiterc” mb~p4’ed~y tbe

~

tIc Aae~c~s~a

‘1

Publish

a summart

of

tn.e proposed cianges

in

ti~

Board Newslette~and

at tie Agency

s exoense

in

a widely crcjlated agricultural pertodical

2

Provide

a copy or the full

tex

of the proposed

changes to an~person aho in writing so requeste

and to the current permit holders; and

(3)

Defer adoption of the changes for 60 days from

true date of publication to

allow submission

and

consideration

of written comments on the proposed

changes.

106

INSPECTIONS AND DISEASE PREVENTION

The Agency shall have

true authority to enter at all reasonab~e

times upon any private or public property for the purpose of

inspecting and investigating to ascertain possible vmolationt

---

—10--

of the

Act or regulations thereunder,

in accordance with con—

stitutional

limitations,

except

that

no

representative

of

the

Agency shall enter a livestock management facility or livestock

waste--handlingfacility unless sanitized footwear and sanitized

outer

garments

provided by the Agency are used

(unless waived

by

the

farm

owner

or

operator)

and

any

other

reasonable

disease

prevention

procedures

or

equipment,

as

provided

by

the

owner

or

operator

of

the

facility,

are

utilized.

The activities of inspecting and investigating include:

(a)

Having access to and the right to copy any records required

to

be kept under the terms of the permit; and

(b)

Having access to, sampling, and monitoring any discharge

of

pollutants to ground and surface waters.

PART

II:

201 NPDES PERMIT

No

pecson

specified in Rule 202,

or required to have

a permit

under the conditions

of Rule 203,

of these Regulations shall

cause or allow the operation of any new livestock management

facility or livestock waste--handlingfacility, or cause or

allow the modification of any livestock management facility or

livestock waste--handlingfacility,

or cause or allow the oper--

ation of any existing livestock management facility or live-

stock waste--handlingfacility without an NPDES

Permit.

Facility

expansions, production increases, and process modifications

which significantly increase the amount of livestock waste over

the level authorized by the NPDES Permit must be reported by

submission

of

a new NPDES

202 PERMITS REQUIRED FOR LARGE OPERATORS

An NPDES Permit shall be required for livestock mahagement

facilities or livestock waste--handlingfacilities ~hich meet

or exceed either of the criteria set forth in

(a) and

(b) be--

low:

(a)

The facility contains or has contained at any one time

within the past 12 months,

for a total of

more,

any of the following or greater numbers of live-

stock:

13— 462

---

—11--

Number

of

Animals

1,000

700

Mature dairy cattle

(whether milkers

or dry cows)

heifers

500

2,500

Swine weighing over

10,000

55,000

5,000

Ducks

100,000

Laying

hens

and

broilers

(if

the

watering)

30,000

Laying

hens

and broilers

(if the

facility

systems)

(b)

The facility has a one--timedesign capacity such that

the

sum of the following numbers

is

1,000 or greater

and that

such number

is contained for a total

of

30 days or

more:

Slaughter and feeder cattle multiplied by 1.0

Mature dairy cattle multiplied by

1.4

Swine weighing over

55

pounds multiplied

by 0.4

Sheep multiplied by 0.1

(c)

Two

or more livestock management facilities

or livestock

waste--handlingfacilities under common ownership are deem--

ed to be a single facility if they are adjacent to each

other or if they utilize

a common area or system for the

disposal of wastes.

Cd)

None of the requirements listed in Rule 201,

202, or 203

preclude the voluntary filing of an NPDES application by

the owner or operator of a livestock management facility

or livestock waste--handlingfacility.

13 --463

---

03

L~ERMITPROCEDURES

FOR

OTHER C ERAIORS

~or livestock

perations in which

there

are

100

to

1,

0

animal

rm~u

as

dete

mined by

‘he

nmma~.-mrmtmultipliers

n

u..e

32

o

n

lOBS a~rrm .n~ x r

eo ire

n,e~s he Asency cc

c

-

e

thct the

1. ve~tock arc.aement fa~ilty or iivest

N vn~te-’

nolmng

fa

i

mty

caus

rg

r tr.reatenirg to cau~ca vi

at

I Us ~ct or

ippi

able regu~tmons

n ~ni~i

~as~

ne

0

fa

nk~ appli

i’m

r

I

r NPDFC PermU within

6

ca

e t;me .e receves

the

kge

y

s notmU ~atmon of aileael

tnoa

Jr NPDES

Pc

m’- is

ot re urrec for

ves~o-k

neratmons in whmcl

the-c

in

a t tal a,

les~, “han

1,0

an mal

etcr

ired

by

Ic

rmral-un~tmultipUers

u

2

o lee~tie Boar

ie~’c

nes khat

I-c

acm’tty

is

a

n

c

n

ontribn~r

f polluti n

onrsuart to an enforcemcnt

here necessary,

perm. ttee shall construct and operate a

Li~C~

ock waste-handling facility

qhlch shall be in accordance

‘nIh

e~ngnsanproved by the Agency

he follo.imng fact ru

‘nil

e

onsidered ~hen applicable’

I

Kinds and numbers of livestock,

2

Lrecence or absence of livestock

‘

iste-hanalirg equtoment

o~facilities, or both;

3

U.~stanctto structires occupied by humans,

4

Soil type

with special emphasis on characteristics such

as

permeabmlmty’

5

Slope of land or the time for waste to seep into the soil,

6i

Use of land between tac lity and stream or other surface

~7

Distance to stream or other surface waters or presence of

surface waters in the facmlmty;

8)

Location of facility xith respect

to flood plain; and

9,

Thickness, texture

and permeability

of earth material

between

the land surface and shallow water--bearingfor-na--

tions underlying or adjacenj~.to she facility.

204 APPLICATION

-

CONTENTS

a)

All applications for any permit

required under

this Chapter

shall

contain, where appropriate,

and documents:

(1)

Kinds

and

numbers

of

(2)

of the livestock operation;

(3)

Description of land areas used for the livestock

facilities and land areas used for livestock waste

disposal;

13--464

---

r

tie rio

‘

-~

a

cat’

~‘

of

‘ilic

ra ra5e

e

d

s

a~’

iron

Ic

Itt

~t

Tie Agen ~y ray acoot p ocedures reqo rrnq

~ch nlmt

nal

n~orma:.,,onu as

s nccess~rv

ae~ernmnen

et e

tIe

.~

c--

st ck ‘nanagemert fa~lm

or

1 vestccn

acte na

.1

ncr

~‘acim~’ywill

rnLet

tine

re

nirements of ~‘h~N t

tnd nppl_

aoie Board

n~ulat~ons

(c)

Appl.L’cb~e re urmeme nt~of Subpart A of Par~ K of Chapter

ater Soil

‘uw-

~hai1 appiy t~applica

I

~: for NPDES

t’n’nits regusred RE Chapter ~

The Agency way orescrib~

~ ‘~ormin

~nch tnf~rmati’~nrequmred under tima Rule

S

a

I be submmated

t~5APPLICAIIONS

-

REGISTERED OR CERTIFIED

ill permit applicatIons shalt cc

railed or ‘ieIive~edto the

~proPrlate

address desm~natedby the Agency.

my application

r revised applicatIon cc

~-

v ma.~shail be sent hy registered

ur certmfmed maim

return receipt requested.

Applications wh~cI

are

iand--delmveredshall be delivered to and receipted for by

in1, author’med person employed in

the Permit Section of the

Igency s Division

of

Water

~c1uution Contra

2)6

APPLliAIIONS

-

TIME TO REPLY

a)

~~~~ications

Any

aerson

now discharging whose dis--

“harge

was

not

covered

by the Refuse Act per~itprogram,

but which

is

subject

to

the

NPDES

program, m,ist apply for

an NPDES Permit on the effective

date

of the~eRegulations.

However,

for purposes of these Regulations

thy person who

has applied for an NPDES Permmt from the U.S. Environmental

Protection Agency and

whose application has not been denied,

shall be considered to

have

applied for

an

NPDES Per~tit

unless the discharge described in the

application for an

NPDES Permit has substantially changed in nature, volume,

or frequency;

in which case,

another

NPDES

Permit appli--

cation shall be submitted.

S

--

---

--14--

(b)

Renewal.

Permittees who

wish to continue to discharge

subsequent

to the expiration date of their permit must

apply for reissuance of the permit, using proper forms,

not less than 180 days prior to the permit expiration

date.

The Agency

will

notify such persons of the need

for renewal at least 60 days prior to

the

date on which

the renewal application must be

submitted;

however,

failure to do so does not excuse non—compliance with

these Regulations.

207 APPLICATIONS- -FILING

AND

FINAL ACTION BY AGENCY

(a)

~

Any

person whose livestock waste--handling

facility

or

livestock management facility is required

by Rules 201 and 202

to.

obtain a permit and will begin

operation on or after the effective date of these Regula--

tions must apply for an NPDES Permit no later than 180

days in advance of the date ox: which the facility is to

commence operation minus the number of days available

storage time for installed manure storage structures,

(b)

!~~es.

An application submitted by a corporation

shall be signed by a principal executive officer of at

least the level of vice president, or his duly authorized

representative,

if

such representative

is

responsible for

the overall operation of the facility.

In the case of a

partnership or a sole proprietorship, the application must

be signed by a general partner or the proprietor, respec--

tively.

In

the case of a publicly--ownedfacility, the

application must be signed by either a principal executive

officer, ranking elected official, or other duly authorized

submits proof that the subject facility:

(a)

Will be constructed, modified, or operated so as not to

cause a violation of the Act or of applicable Board

regulations or of FWPCA, or has been granted a variance

under Title IX of the Act; and

(b)

Either conforms to the design criteria promulgated by

the Agency under Rule 105,

or is based on such other

criteria which the applicant proves will produce con--

(a)

five years.

13--466

---

—15--

(b)

New Source Standards,

Notwithstanding any other pro--

~‘I~TonoftHT~Regulation,

any point source, the con--

struction of which is commenced after the date of enact--

ment of the FWPCA and which is so constructed as to meet

the applicable federal “standard of performance”, as dc--

fined in Section 306 of FWPCA, shall not be~subject to

any more stringent federal “standard of performance”

dur--

ing a ten--yearperiod beginning on the date of completion

of such construction or during the period of depreciation

or amortization of such facility for the purposes of

section 167 or 169

(or both)

of the Internal Revenue Code

of 1954, whichever period ends first.

210

ISSUANCE AND

CONDITIONS OF PERMITS

(a)

The provisions of Subpart A of Part IX, Permits, of

Chapter 3

(Water Pollution)

shall apply to the issuance,

conditions, and modification of NPDES Permits under

Chapter 5 in the same manner as such provisions apply to

NPDES

Permits issued pursuant to Chapter

3.

(b)

In addition to specific conditions authorized under this

Part,

the Agency

may

impose such conditions

in any permit

issued pursuant to this Part as may be necessary to

accomplish the purposes of the Act or Board regulations.

211 APPEALS FROM CONDITIONS IN

PERMITS

An applicant may consider any condition imposed by the Agency

in

a permit as a refusal by the Agency to grant a permit, An

applicant or others who have been a party or participant at an

Agency hearing shall be entitled to appeal the Agency~sdecision

to the Board pursuant to Section 40 9f the Act, Rule 502(b) of

Chapter 1 (Procedural Rules), and Chapter

3 (Water Pollution)

of

212 DEFENSES

(a)

The issuance or possession of a permit does not allow the

permittee

to

violate

the

Act

or Board regulations and does

not constitute a defense

to

such a violati~nother than an

alleged violation for construction or operation without

a

permit.

(b)

Compliance with an NPDES Permit shall be deemed compliance

for purposes~ofSections 42, 43, and 44 of the Act (Pen-

alties), with the Act and applicable regulations,

to the

extent that such compliance would be a defense

to

en-

forcement action under the FWPCA,

(c)

Except for federally-imposed requirements with respect to

NPDES

Permits, compliance with the rules and regulations

promulgated

by

the

Board

under the Act

shall

constitute

a

prima

facie

defense

to

any

action,

legal, equitable, or

criminal, or an administrative proceeding for a violation

of the Act, brought by any person.

13--467

---

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