ILLINOIS POLLUTION CONTROL BOARD
September 4, 1997
IN THE MATTER OF:
AMENDMENTS TO 35 ILL. ADM. CODE
501 THROUGH 504: AGRICULTURAL -
RELATED POLLUTION (MANAGEMENT
OF LIVESTOCK WASTE)
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R98-11
(Rulemaking - Water)
Request for Public Comments and/or Proposals.
ORDER OF THE BOARD (by C.A. Manning):
The Board on its own motion today opens a docket to solicit public comments and/or
proposals to assist the Board in identifying and reconciling any inconsistencies between Board
regulations (35 Ill. Adm. Code 506) adopted pursuant to the Livestock Management Facilities
Act (Livestock Act) (516 ILCS 77/1
et seq.
(1996)) and previously existing regulations
concerning agricultural-related pollution adopted by the Board (35 Ill. Adm. Code 501 through
504).
As background, the Livestock Act, effective May 21, 1996, set forth an outline for the
proper design, construction, operation, and management of livestock management facilities and
associated waste handling structures. It further provided for education and certification of
livestock managers, research, proper disposal of livestock waste, and financial responsibility
for closure of lagoons. While many provisions of the Livestock Act required no further
regulatory implementation, the legislature recognized that some of the provisions would need
regulatory implementation. To accomplish this, the Livestock Act directed the Department of
Agriculture to seek input from the Livestock Management Facilities Advisory Committee
(Advisory Committee)
1
and, based on the recommendations of the Advisory Committee,
propose rules to the Board for the implementation of the Livestock Act.
On November 21, 1996, the Department of Agriculture timely submitted proposed
rules to the Board. Pursuant to the Livestock Act, the Board was required to adopt rules for
the implementation of the Livestock Act within six months after the Department of Agriculture
filed proposed rules with the Board. On May 15, 1997, the Board adopted such rules for
implementation by the Department of Agriculture. See In the Matter of: Livestock Waste
Regulations 35 Ill. Adm. Code 506 (May 15, 1997), R97-15(A).
In adopting the rules for second notice, the Board noted that it already had in place
regulations specific to livestock waste management facilities. See In the Matter of: Livestock
1
The Advisory Committee was comprised of the Directors of the Department of Agriculture,
Illinois Department of Natural Resources, Illinois Department of Public Health, and the
Illinois Environmental Protection Agency (IEPA).
2
Waste Regulations 35 Ill. Adm. Code 506 (March 20, 1997), R97-15(A) & (B), slip op. at 4
n. 7. The Board acknowledged that the pre-existing regulations were promulgated long before
the agriculture changes and trends noted by the legislature in adopting the Livestock Act.
Accordingly, the Board and several participants observed that the adoption of rules pursuant to
the Livestock Act may create inconsistencies with existing Board regulations. The Board
agreed that any inconsistencies created should be reconciled and stated that a new rulemaking
docket would be opened to address these inconsistencies at the appropriate time. See In the
Matter of: Livestock Waste Regulations 35 Ill. Adm. Code 506 (March 20, 1997), R97-15(A)
& (B), slip op. at 4 n. 7. The Board believes that such time has come and today opens a
docket to solicit comments and/or proposals to reconcile the inconsistencies in the Board’s pre-
existing agricultural-related pollution rules (35 Ill. Adm. Code 501 through 504). In opening
this docket, it is not the Board’s intention to reopen the debate regarding the propriety of the
provisions of the Livestock Act or Board regulations promulgated thereunder. The Board is
simply opening the docket to reconcile any inconsistencies between the Board’s pre-existing
agricultural-related pollution regulations and regulations promulgated under the Livestock Act.
The Board also notes that not all the regulations contained in Subtitle E concerning
agricultural-related pollution are Board rules. Rather, the regulations contained in Part 560
and 570 of Subtitle E are regulations adopted by the IEPA. The Board therefore requests that
the IEPA, as well as any other interested party, file a comment with the Board specifically
identifying any inconsistencies between the Part 560 and 570 rules and the Board rules adopted
to implement the Livestock Act and addressing how these rules should be reconciled.
The Board anticipates adopting a proposal for first notice publication in the
Illinois
Register
this year. Accordingly, interested parties may file comments and/or proposals with
the Board until 4:30 p.m. on October 10, 1997. The mailbox rule as set forth in 35 Ill. Adm.
Code 101.102(d) does not apply to these filings, and fax filings are not authorized (35 Ill.
Adm. Code 101.102(c)). All comments and/or proposals should be directed to the Clerk of
the Board, Illinois Pollution Control Board, James R. Thompson Center, 100 West Randolph,
Suite 11-500, Chicago, Illinois 60601. All comments should reference the docket number,
R98-11, as well as the name, address, and affiliation, if any, of the commentor.
The Board will also assign a hearing officer to this matter. The Board will leave to its
hearing officer the establishment of a rulemaking schedule, as well as the scheduling of
additional written comments, a pre-hearing conference, and hearings, as necessary. Any
questions concerning this order may be directed to the Board’s Springfield office at (217) 524-
8509.
IT IS SO ORDERED.
Board Member K.M. Hennessey abstained.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 4
th
day of September 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
