Ill. Admin. Code tit. 8 § 900.504

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

Section 900.504 - Livestock Waste Handling Facilities Subject to the Public Informational Meeting Process

For a livestock waste handling facility, other than a livestock waste lagoon, that is subject to the public informational meeting process as outlined in Section 12 of the Livestock Management Facilities Act [510 ILCS 77 ] and Subpart D of this Part, the following procedures shall be followed:

a) The owner or operator shall file a completed registration with the Department, on a form provided by the Department, at least 37 calendar days prior to the anticipated dates of construction.

b) The registration shall include the following:

1) Name and address of the owner and operator of the livestock waste handling facility;

2) Location of the livestock waste handling facility;

3) General description of the livestock waste handling facility;

4) Type and number of animal units of livestock served by the livestock waste handling facility;

5) Specific location information noted on a facility site map or livestock waste handling facility plot plan:

A) The location and distance to the nearest private or public potable well;

B) The location and distance to the nearest stream;

C) The location and distance to the nearest abandoned or plugged well, drainage well, or injection well located within 1,000 feet of the proposed facility; and

D) The location of any subsurface drainage lines within 100 feet of the livestock waste handling facility;

6) Anticipated beginning and ending dates of construction [510 ILCS 77/11(c)] ;

7) Results of a site investigation conducted in accordance with Subpart C of 35 Ill. Adm. Code 506 to determine whether aquifer material is considered present (or not present) within 5 feet of the planned bottom of the livestock waste handling facility, the proposed facility is located in the floodway or flood fringe of a 100-year floodplain, and the proposed facility is located in a karst area or within 400 feet of a natural depression in a karst area. A livestock waste handling facility owner may rely on guidance from the local soil and water conservation district, the Natural Resources Conservation Service of the United States Department of Agriculture, or the University of Illinois Cooperative Extension Service for soil type and associated information. [510 ILCS 77/13(c)] ;

8) A certification statement from the owner or operator on a form provided by the Department. The statement, accompanied by supporting justification and data from a Licensed Professional Engineer or Licensed Service Professional Geologist or a representative of the Natural Resources Conservation Service of the United States Department of Agriculture designated to perform such functions, shall certify that the site investigation meets all the applicable requirements of subsection (b)(7) of this Section and Subpart C of 35 Ill. Adm. Code 506, and whether aquifer material is considered present (or not present) within 5 feet of the planned bottom of the livestock waste handling facility, the proposed facility is located in the floodway or flood fringe of a 100-year floodplain, and the proposed facility is located in a karst area or within 400 feet of a natural depression in a karst area; and

9) Construction plan of the waste handling structure with design specifications of the structure noted as prepared by or for the owner or operator in accordance with the requirements contained in Subpart C of 35 Ill. Adm. Code 506, including a livestock waste handling facility plot plan with dimensions and elevations. [510 ILCS 77/11(c)]

c) The Department shall, within 15 calendar days after receipt of the registration form, notify the person submitting the form that the registration is complete or that clarification information is needed. [510 ILCS 77/11(c)] No later than 15 calendar days after receipt of the clarification information, the Department shall notify the owner or operator that registration is complete or that additional clarification is needed.

d) 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 the Act have been met. [510 ILCS 77/12(c)] 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. [510 ILCS 77/12.1(b)]

Ill. Admin. Code tit. 8, § 900.504