Ill. Admin. Code tit. 35 § 502.510

Current through Register Vol. 48, No. 49, December 6, 2024

Section 502.510 - Nutrient Management Plan Requirements

a) Any permit issued to a CAFO must require implementing a nutrient management plan by the date of permit coverage that includes, best management practices necessary to meet this Section and the applicable livestock discharge limitations and technical standards in 35 Ill. Adm. Code 501 and 502.

b) The nutrient management plan must specify and demonstrate:

1) The livestock waste application rate of nitrogen in a single year and phosphorus in a single year or multiple years, not to exceed the single-year crop nitrogen and single-year or multi-year phosphorus requirements for realistic crop yield goals in the rotation;

2) Adequate land application area for livestock waste application which may include:

A) land the CAFO owner or operator owns;

B) land the CAFO rents or leases;

C) land covered by a consent agreement between the CAFO owner or operator and the property owner; or

D) any combination of the land described in subsection (b)(2)(A) through (C);

3) Adequate storage of livestock waste, including procedures to ensure proper operation and maintenance of the storage facilities;

4) Proper management of mortalities to ensure that they are not disposed of in a liquid livestock waste or stormwater storage or treatment system that is not specifically designed to treat animal mortalities;

5) That clean water is diverted, as appropriate, from the production area;

6) That direct contact of confined animals with waters of the United States is prevented;

7) That chemicals and other contaminants handled on-site are not disposed of in any livestock waste or stormwater storage or treatment system unless specifically designed to treat those chemicals and other contaminants;

8) Appropriate site-specific conservation practices to be implemented, including, as appropriate, buffers or equivalent practices, to control pollutant runoff to waters of the United States;

9) Protocols for appropriate livestock waste and soil testing. Livestock waste must be analyzed at least once annually for nitrogen and phosphorus content, and soil analyzed at least twice every five years for phosphorus content. The results of these analyses are to be used in determining application rates for livestock wastes;

10) Protocols to land apply livestock waste according to site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients;

11) Livestock waste must not be applied within the distance from residences provided in Section 502.645(a) and within the areas prohibited from land application by this Part;

12) A winter land application plan that meets Section 502.630;

13) The plan for inspecting, monitoring, managing, and repairing subsurface drainage systems at the livestock waste application site. Inspecting subsurface drainage systems must include visual inspection before land application to determine failures that may cause discharges and visual inspection during and after land application to identify discharges. For this subsection (b)(13), visual inspection means a person inspecting the tile inlet, tile outlet, and unobstructed land surface to assess the structural ability of the subsurface drainage system;

14) A spill prevention and control plan;

15) Annual review of the nutrient management practices to be implemented and an update of the nutrient management plan when the nutrient management practices change;

16) Specific records that will be maintained to document implementing and managing the minimum elements described in subsections (b)(2) through (15); and

17) A description of the storage provisions and schedules provided for livestock waste when cropping practices, soil conditions, weather conditions, or other conditions prevent applying livestock waste to land or prevent other methods of livestock waste disposal.

Ill. Admin. Code tit. 35, § 502.510

Added at 38 Ill. Reg. 17687, effective 8/11/2014

Amended at 48 Ill. Reg. 3196, effective 2/15/2024