Statutes > Illinois Statutes > CHAPTER 510 ANIMALS > 510 ILCS 77/ Livestock Management Facilities Act.

510 ILCS 77/ Livestock Management Facilities Act.

    (510 ILCS 77/1)
    Sec. 1. Short title. This Act may be cited as the Livestock Management Facilities Act.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/5)
    Sec. 5. Policy.
    (a) The General Assembly finds the following:
        (1) Enhancements to the current regulations dealing
     with livestock production facilities are needed.
        (2) The livestock industry is experiencing rapid
     changes as a result of many different occurrences within the industry including increased sophistication of production technology, increased demand for capital to maintain or expand operations, and changing consumer demands for a quality product.
        (3) The livestock industry represents a major
     economic activity in the Illinois economy.
        (4) The trend is for larger concentration of animals
     at a livestock management facility due to various market forces.
        (5) Current regulation of the operation and
     management of livestock production is adequate for today's industry with a few modifications.
        (6) Due to the increasing numbers of animals at a
     livestock management facility, there is a potential for greater impacts on the immediate area.
        (7) Livestock waste lagoons must be constructed
     according to standards to maintain structural integrity and to protect groundwater.
        (8) Since a majority of odor complaints result from
     manure application, livestock producers must be provided with an educational program that will enhance neighbor awareness and their environmental management skills, with emphasis on management of livestock wastes.
    (b) Therefore, it is the policy of the State of Illinois to maintain an economically viable livestock industry in the State of Illinois while protecting the environment for the benefit of both the livestock producer and persons who live in the vicinity of a livestock production facility.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10)
    Sec. 10. Definitions. In this Act words and phrases have the meanings set forth in the following Sections, unless the context clearly requires otherwise:
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.5)
    Sec. 10.5. Agency. "Agency" means the Illinois Environmental Protection Agency.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.7)
    Sec. 10.7. Animal feeding operation. "Animal feeding operation" means a feeding operation as defined in the Illinois Environmental Protection Act and the rules promulgated under that Act concerning agriculture related pollution.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.10)
    Sec. 10.10. Animal unit. "Animal unit" means a unit of measurement for any animal feeding operation calculated as follows:
    (1) Brood cows and slaughter and feeder cattle multiplied by 1.0.
    (2) Milking dairy cows multiplied by 1.4.
    (3) Young dairy stock multiplied by 0.6.
    (4) Swine weighing over 55 pounds multiplied by 0.4.
    (5) Swine weighing under 55 pounds multiplied by 0.03.
    (6) Sheep, lambs, or goats multiplied by 0.1.
    (7) Horses multiplied by 2.0.
    (8) Turkeys multiplied by 0.02.
    (9) Laying hens or broilers multiplied by 0.01 (if the facility has continuous overflow watering).
    (10) Laying hens or broilers multiplied by 0.03 (if the facility has a liquid manure handling system).
    (11) Ducks multiplied by 0.02.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.15)
    Sec. 10.15. Certified livestock manager. "Certified livestock manager" means a person that has been duly certified by the Department as an operator of a livestock waste handling facility.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.20)
    Sec. 10.20. Department. "Department" means the Illinois Department of Agriculture.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.23)
    Sec. 10.23. Farm residence. "Farm residence" means any residence on a farm owned or occupied by the farm owners, operators, tenants, or seasonal or year‑round hired workers. For purposes of this definition, a "farm" is the land, buildings, and machinery used in the commercial production of farm products, and "farm products" are those plants and animals and their products which are produced or raised for commercial purposes and include but are not limited to forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, fruits, vegetables, flowers, seeds, grasses, trees, fish, honey and other similar products, or any other plant, animal, or plant or animal product which supplies people with food, feed, fiber, or fur.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.24)
    Sec. 10.24. Karst Area. "Karst area" means an area with a land surface containing sinkholes, large springs, disrupted land drainage, and underground drainage systems associated with karstified carbonate bedrock and caves or a land surface without these features but containing a karstified carbonate bedrock unit generally overlain by less than 60 feet of unconsolidated materials.
(Source: P.A. 91‑110, eff. 7‑13‑99.)

    (510 ILCS 77/10.25)
    Sec. 10.25. Lagoon. "Lagoon" means any excavated, diked, or walled structure or combination of structures designed for biological stabilization and storage of livestock wastes. A lagoon does not include structures such as manufactured slurry storage structures or pits under buildings as defined in rules under the Environmental Protection Act concerning agriculture related pollution.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.26)
    Sec. 10.26. Karstified carbonate bedrock. "Karstified carbonate bedrock" means a carbonate bedrock unit (limestone or dolomite) that has a pronounced conduit or secondary porosity due to dissolution of the rock along joints, fractures, or bedding plains.
(Source: P.A. 91‑110, eff. 7‑13‑99.)

    (510 ILCS 77/10.30)
    Sec. 10.30. Livestock management facility. "Livestock management facility" means any animal feeding operation, livestock shelter, or on‑farm milking and accompanying milk‑handling area. Two or more livestock management facilities under common ownership, where the facilities are not separated by a minimum distance of 1/4 mile, and that share a common livestock waste handling facility shall be considered a single livestock management facility. A livestock management facility at educational institutions, livestock pasture operations, where animals are housed on a temporary basis such as county and state fairs, livestock shows, race tracks, and horse breeding and foaling farms, and market holding facilities are not subject to this Act.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.35)
    Sec. 10.35. Livestock waste. "Livestock waste" means livestock excreta and associated feed losses, bedding, wash waters, sprinkling waters from livestock cooling, precipitation polluted by falling on or flowing onto an animal feeding operation, and other materials polluted by livestock.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.40)
    Sec. 10.40. Livestock waste handling facility. "Livestock waste handling facility" means individually or collectively those immovable constructions or devices, except sewers, used for collecting, pumping, treating, or disposing of livestock waste or for the recovery of by‑products from the livestock waste. Two or more livestock waste handling facilities under common ownership and where the facilities are not separated by a minimum distance of 1/4 mile shall be considered a single livestock waste handling facility.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.43)
    Sec. 10.43. Modified. "Modified" means structural changes to a lagoon that increase its volumetric capacity.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.45)
    Sec. 10.45. New facility. "New facility" means a livestock management facility or a livestock waste handling facility the construction or expansion of which is commenced on or after the effective date of this Act. Expanding a facility where the fixed capital cost of the new components constructed within a 2‑year period does not exceed 50% of the fixed capital cost of a comparable entirely new facility shall not be deemed a new facility as used in this Act.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.47)
    Sec. 10.47. Non‑farm residence. "Non‑farm residence" means any residence which is not a farm residence.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.50)
    Sec. 10.50. Owner or operator. "Owner or operator" means any person who owns, leases, controls, or supervises a livestock management facility or livestock waste‑handling facility.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.55)
    Sec. 10.55. Person. "Person" means any individual, partnership, co‑partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity or their legal representative, agent, or assigns.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/10.60)
    Sec. 10.60. Populated area. "Populated area" means any area where at least 10 inhabited non‑farm residences are located or where at least 50 persons frequent a common place of assembly or a non‑farm business at least once per week.
(Source: P.A. 89‑456, eff. 5‑21‑96.)

    (510 ILCS 77/11)
    Sec. 11. Filing notice of intent to construct and construction data; registration of facilities.
    (a) An owner or operator shall file a notice of intent to construct for a livestock management facility or livestock waste handling facility with the Department prior to construction to establish a base date, which shall be valid for one year, for determination of setbacks in compliance with setback distances or, in the case of construction that is not a new facility, with the maximum feasible location requirements of Section 35 of this Act.
    (b) For a livestock waste handling facility that is not subject to Section 12 of this Act, a construction plan of the waste handling structure with design specifications of the structure noted as prepared by or for the owner or operator shall be filed with the Department at least 10 calendar days prior to the anticipated dates of construction. Upon receipt of the notice of intent to construct form or the construction plan, the Department shall review the documents to determine if all information has been submitted or if clarification is needed. The Department shall, within 15 calendar days of receipt of a notice of intent to construct or the construction plan, notify the owner or operator that construction may begin or that clarification is needed.
    (c) For a livestock waste handling facility that is subject to Section 12 of this Act, a completed registration shall be filed with the Department at least 37 calendar days prior to the anticipated dates of construction. The registration shall include the following: (i) the name and address of the owner and operator of the livestock waste handling facility; (ii) a general description of the livestock waste handling structure and the type and number of the animal units of livestock it serves; (iii) the construction plan of the waste handling structure with design specifications of the structure noted as prepared by or for the owner or operator, and (iv) anticipated dates of construction. The Department shall, within 15 calendar days of receipt of the registration form, notify the person submitting the form that the registration is complete or that clarification information is needed.
    (d) Any owner or operator who fails to file a notice of intent to construct form or construction plans with the Department prior to commencing construction, upon being discovered by the Department, shall be subject to an administrative hearing by the Department. The administrative law judge, upon determination of a failure to file the appropriate form, shall impose a civil administrative penalty in an amount no more than $1,000 and shall enter an administrative order directing that the owner or operator file the appropriate form within 10 business days after receiving notice from the Department. If, after receiving the administrative law judge's order to file, the owner or operator fails to file the appropriate form with the Department, the Department shall impose a civil administrative penalty in an amount no less than $1,000 and no more than $2,500 and shall enter an administrative order prohibiting the operation of the facility until the owner or operator is in compliance with this Act. Penalties under this subsection (d) not paid within 60 days of notice from the Department shall be submitted to the Attorney General's office or an approved private collection agency.
(Source: P.A. 91‑110, eff. 7‑13‑99.)

    (510 ILCS 77/12)
    Sec. 12. Public informational meeting; lagoons and non‑lagoon structures.
    (a) Beginning on the effective date of this amendatory Act of 1999, within 7 days after receiving a form giving notice of intent to construct (i) a new livestock management facility or livestock waste handling facility serving 1,000 or more animal units that does not propose to utilize a lagoon or (ii) a livestock waste management facility or livestock waste handling facility that does propose to utilize a lagoon, the Department shall send a copy of the notice form to the county board of the county in which the facility is to be located and shall publish a public notice in a newspaper of general circulation within the county. After receiving a copy of the notice form from the Department, the county board may, at its discretion and within 30 days after receipt of the notice, request that the Department conduct an informational meeting concerning the proposed construction that is subject to this Section. In addition, during the county's 30‑day review period, county residents may petition the county board of the county where the proposed new facility will be located to request that the Department conduct an informational meeting. When petitioned by 75 or more of the county's residents who are registered voters, the county board shall request that the Department conduct an informational meeting. If the county board requests that the Department conduct the informational meeting, the Department shall conduct the informational meeting within 15 days of the county board's request. If the Department conducts such a meeting, it shall cause notice of the meeting to be published in a newspaper of general circulation in the county and in the State newspaper and shall send a copy of the notice to the County Board. Upon receipt of the notice, the County Board shall post the notice on the public informational board at the county courthouse at least 10 days before the meeting. The owner or operator who submitted the notice of intent to construct to the Department shall appear at the meeting. At the meeting, the Department shall afford members of the public an opportunity to ask questions and present oral or written comments concerning the proposed construction.
    (b) The county board shall submit at the informational meeting or within 30 days following the meeting an advisory, non‑binding recommendation to the Department about the proposed new facility's construction in accordance with the applicable requirements of this Act. The advisory, non‑binding recommendation shall contain at a minimum:
        (1) a statement of whether the proposed facility
     achieves or fails to achieve each of the 8 siting criteria as outlined in subsection (d); and
        (2) a statement of the information and criteria used
     by the county board in determining that the proposed facility met or failed to meet any of the criteria described in subsection (d).
    (c) When the county board requests an informational meeting, construction shall not begin until after the informational meeting has been held, the Department has reviewed the county board's recommendation and replied to the recommendation indicating if the proposed new livestock management facility or the new livestock waste handling facility is or will be in compliance with the requirements of the Act, and the owner, operator, or certified manager and operator has received the Department's notice that the setbacks and all applicable requirements of this Act have been met.
    (d) At the informational meeting for the proposed facility, the Department of Agriculture shall receive evidence by testimony or otherwise on the following subjects:
        (1) Whether registration and livestock waste
     management plan certification requirements, if required, are met by the notice of intent to construct.
        (2) Whether the design, location, or proposed
     operation will protect the environment by being consistent with this Act.
        (3) Whether the location minimizes any
     incompatibility with the surrounding area's character by being located in any area zoned for agriculture where the county has zoning or where the county is not zoned, the setback requirements established by this Act are complied with.
        (4) Whether the facility is located within a
     100‑year floodplain or an otherwise environmentally sensitive area (defined as an area of karst area or with aquifer material within 5 feet of the bottom of the livestock waste handling facility) and whether construction standards set forth in the notice of intent to construct are consistent with the goal of protecting the safety of the area.
        (5) Whether the owner or operator has submitted
     plans for operation that minimize the likelihood of any environmental damage to the surrounding area from spills, runoff, and leaching.
        (6) Whether odor control plans are reasonable and
     incorporate reasonable or innovative odor reduction technologies given the current state of such technologies.
        (7) Whether traffic patterns minimize the effect on
     existing traffic flows.
        (8) Whether construction or modification of a new
     facility is consistent with existing community growth, tourism, recreation, or economic development or with specific projects involving community growth, tourism, recreation, or economic development that have been identified by government action for development or operation within one year through compliance with applicable zoning and setback requirements for populated areas as established by this Act.
(Source: P.A. 91‑110, eff. 7‑13‑99.)

    (510 ILCS 77/12.1)
    Sec. 12.1. Final determination.
    (a) Within 15 calendar days of the close of the comment period under subsection (b) of Section 12, the Department shall determine if, more likely than not, the provisions of the Act have been met and shall send notice to the applicant and the county board indicating that construction may proceed. If the Department finds that, more likely than not, the provisions of the Act have not been met the Department shall send notice to the applicant that construction is prohibited.
    (a‑5) If the Department finds that additional information or that specific changes are needed in order to assist the Department in making the determination under subsection (a) of this Section, the Department may request such information or changes from the owner or operator of the new livestock waste handling facility or waste management facility.
    (b) If no informational meeting is held, the Department shall, within 15 calendar days following the end of the period for the county board to request an informational meeting, notify the owner or operator that construction may begin or that clarification is needed.
    (c) If the owner or operator of a proposed livestock management facility or livestock waste handling facility amends the facility plans during the Department's review, the Department shall notify the county board, which may exercise its option of a public informational meeting pursuant to Section 12 of this Act.
    (d) If the owner or operator of a proposed new livestock management or new livestock waste handling facility amends the facility plans during the Department's review process by increasing the animal unit capacity of the facility such that the required setback distances will be increased, the owner or operator shall submit a revised notice of intent to construct and comply with applicable provisions of this Act.
(Source: P.A. 91‑110, eff. 7‑13‑99.)

    (510 ILCS 77/13)
    Sec. 13. Livestock waste handling facilities other than earthen livestock waste lagoons; construction standards; certification; inspection; removal‑from‑service requirements.
    (a) After the effective date of this amendatory Act of 1999, livestock waste handling facilities other than earthen livestock waste lagoons used for the storage of livestock waste shall be constructed in accordance with this Section.
        (1) Livestock waste handling facilities constructed
     of concrete shall meet the strength and load factors set forth in the Midwest Plan Service's Concrete Manure Storage Handbook (MWPS‑36) and future updates. In addition, those structures shall meet the following requirements:
            (A) Waterstops shall be incorporated into the
         design of the storage structure when consistent with the requirements of paragraph (1) of this subsection;
            (B) Storage structures that handle waste in a
         liquid form shall be designed to contain a volume of not less than the amount of waste generated during 150 days of facility operation at design capacity; the owner or operator of a livestock waste handling facility constructed with concrete with a design capacity of less than 300 animal units may demonstrate to the Department that a reduced storage volume, not less than 60 days, is feasible due to (i) the availability of land application areas that can receive manure at agronomic rates or (ii) an