Ill. Admin. Code tit. 35 § 501.404

Current through Register Vol. 48, No. 44, November 1, 2024

Section 501.404 - Handling and Storage of Livestock Waste

a) Any livestock waste stored for more than six months must be contained in a manure storage structure.

b) Temporary Manure Stacks

1) A temporary manure stack is a potential secondary source, as defined by the Act. As a potential secondary source, a temporary manure stack is subject to the minimum setback zones established in Title IV of the Act.

2) A temporary manure stack must not be located within 75 feet of any water well, except monitoring wells.

3) A temporary manure stack must be constructed or established and maintained in a manner to prevent runoff and leachate from entering surface waters or groundwaters. A cover and pad or other control must be provided to prevent runoff and leachate from entering surface waters and groundwater.

c) Livestock Waste-Holding Facilities

1) Liquid manure-holding tanks must be impermeable and capable of withstanding pressures and loadings to which those tanks may be subjected.

2) Holding ponds and lagoons must be impermeable or so sealed as to prevent groundwater or surface water pollution.

3) For livestock management facilities and livestock waste-handling facilities that are not required to obtain an NPDES permit, the contents of livestock waste-handling facilities must be kept at levels such that there is adequate storage capacity so that an overflow does not occur except in the case of precipitation exceeding a 25-year 24-hour storm.

4) Liquid Livestock Waste

A) Existing livestock management facilities that handle the waste in a liquid form must have adequate storage capacity in a liquid manure-holding tank, lagoon, holding pond, or any combination so as not to cause air or water pollution as defined 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 may require that additional storage time be provided. In those cases, interim pollution prevention measures may be required by the Agency.

B) New livestock waste-handling facilities that handle the waste in a liquid form must provide a minimum of 120-day storage with a liquid manure-holding tank, lagoon, holding pond, or any combination unless the operator has justifiable reasons substantiating that a lesser storage volume is adequate. If inadequate storage volumes cause or threaten to cause a violation of the Act or applicable regulations, the Agency may require corrective measures.

d) Runoff Field Application Systems

Any livestock management facility not meeting the definition of a CAFO in Section 501.238 may construct and operate a runoff field application system for treating livestock waste from fewer than 300 animal units, complying with 35 Ill. Adm. Code 570, in lieu of utilizing liquid manure-holding tanks, holding ponds, or lagoons in compliance with subsection (c) or other livestock waste-handling systems that would assure compliance with the Act and this Subtitle E.

e) Subsections (a) through (d) do not apply to livestock management facilities with fifty (50) or fewer animal units if the following conditions exist:

1) The facility's location relative to the waters of the State is such that there is no discharge of livestock waste into the waters of the State, in violation of Section 12 of the Act;

2) There is no discharge of livestock waste into the waters of the State through a human-made ditch, flushing system, or similar human-made device, in violation of Section 12 of the Act; and

3) The facility is managed so that livestock waste is not allowed to accumulate to an extent that threatens to cause a discharge into the waters of the State, in violation of Section 12 of the Act.

Ill. Admin. Code tit. 35, § 501.404

Amended at 15 Ill. Reg. 10075, effective July 1, 1991

Amended at 38 Ill. Reg. 17661, effective 8/11/2014

Amended at 48 Ill. Reg. 3170, effective 2/15/2024