Illinois Administrative Code

Section 900.303 Procedures a) The notice of intent to construct shall contain the following items: 1) A legal description of the land on which the livestock facility will be constructed; 2) The names and addresses of the owners or operators of the facility; 3) The type and size o…

Section 900.304 Establishment of Base Date and Setback Period a) The date the Department issues the acknowledgment of setback compliance pursuant to Section 900.303(b)(3) of this Part or notifies the owner or operator that all information has been submitted pursuant to Section 90…

Section 900.305 Penalties Any owner or operator who fails to file a notice of intent to construct form with the Department prior to commencing construction, upon being discovered by the Department, shall be subject to an administrative hearing by the Department. The administrativ…

Section 900.401 Applicability This Subpart establishes procedures for conducting informational meetings on notices of intent to construct received by the Department after January 1, 2001 for all new livestock management facilities and livestock waste handling facilities serving 1…

Section 900.402 Notice a) Within 7 calendar days after receiving a complete form giving notice of intent to construct 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 a livesto…

Section 900.403 Request for Informational Meeting a) Within 30 calendar days after receipt of notice under Section 900.402(a)(1), the county board may request in writing that the Department conduct an informational meeting concerning the proposed construction [510 ILCS 77/12(a)]:…

Section 900.404 Notice of Informational Meeting a) After receipt of the request to hold an informational meeting, the Department shall: 1) Publish a notice of the meeting in a newspaper of general circulation in the county where the facility is to be located; 2) Publish a notice …

Section 900.405 Conduct of Informational Meeting a) Within 15 business days after receipt of a county board's request to conduct an informational meeting, the Department shall appoint a hearing officer, in accordance with 8 Ill. Adm. Code 1.22(a), to conduct the informational mee…

Section 900.406 County Board Recommendation At the informational meeting or within 30 business days following the meeting, the county board shall submit to the Department an advisory, non-binding recommendation about the proposed new facility's construction in accordance with the…

Section 900.407 Final Determination a) Within 15 calendar days after the close of the comment period under Section 900.406 of this Subpart, the Department shall determine: 1) That, more likely than not, the provisions of the Livestock Management Facilities Act [510 ILCS 77] have …

Section 900.408 Amendment to Plans a) 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 by increasing the maximum design capacity of the livestock management facility …

Section 900.409 Construction a) 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…

Section 900.501 Applicability The applicability of this Subpart shall be as follows: a) Section 900.502 of this Subpart applies to new livestock management facilities and livestock waste handling facilities, other than livestock waste lagoons, constructed after January 1, 2001; b…

Section 900.502 Siting Restrictions and Additional Construction Requirements New livestock management facilities and livestock waste handling facilities constructed after January 1, 2001 shall be subject to the additional construction requirements and siting prohibitions provided…

Section 900.503 Livestock Waste Handling Facilities Not Subject to the Public Informational Meeting Process For a livestock waste handling facility, other than a livestock waste lagoon, that is not subject to the public informational meeting process as outlined in Section 12 of t…

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 Lives…

Section 900.505 Inspections a) The Department shall inspect the construction site prior to construction, during construction, and within 10 business days following receipt of the certification of compliance, pursuant to Section 900.506 of this Subpart, to determine compliance wit…

Section 900.506 Certification of Compliance a) The owner or operator of a livestock management facility or livestock waste handling facility constructed pursuant to the requirements of this Subpart shall send, by certified mail or in person, to the Department a certification of c…

Section 900.507 Failure to Register or File Construction Plans Any owner or operator who fails to file a registration form or construction plans and site investigation information with the Department prior to commencing construction, upon being discovered by the Department, shall…

Section 900.508 Removal from Service a) When any livestock management facility not using a livestock waste lagoon is removed from service, the accumulated livestock waste remaining within the facility shall be removed and applied to land at rates consistent with a waste managemen…

Section 900.509 Return to Service A new facility constructed after May 21, 1996 that has been removed from service for a period of 2 or more years shall not be placed back into service prior to an inspection of the livestock waste handling facility and receipt of written approval…

Section 900.510 Odor Control a) Operators of livestock waste handling facilities shall practice odor control methods during the course of manure removal and field application. Odor control methods shall be those methods identified in the rules adopted pursuant to the Illinois Env…

Section 900.511 Perimeter Drainage Tubing Sampling, Analysis and Reporting Procedures a) For non-lagoon livestock waste handling facilities required to install and sample perimeter drainage tubing pursuant to 35 Ill. Adm. Code 506, the requirements of this Section shall be met. 1…

Section 900.601 Applicability a) The applicability of this Subpart shall be as follows: 1) Sections 900.602 through 900.606 and Section 900.611 of this Subpart apply to any new or modified lagoon, the design of which has not been approved by the Department prior to January 1, 200…

Section 900.602 Lagoon Siting Restrictions and Additional Construction Requirements a) New or modified earthen livestock waste lagoons constructed after January 1, 2001 shall be subject to additional construction requirements and siting prohibitions as provided in this Section. 1…

Section 900.603 Registration a) Prior to new construction or modification of any earthen livestock waste lagoon on or after January 1, 2001, such earthen livestock waste lagoon shall be registered by the owner or operator with the Department on a form provided by the Department i…

Section 900.604 Lagoon Construction, Registration, and Certification Inspections a) The Department shall inspect an earthen livestock waste lagoon during pre-construction, construction, and post-construction and shall require modifications when necessary to ensure the project wil…

Section 900.605 Certification of Construction a) Upon completion of the liner construction or installation, the supervising Licensed Professional Engineer shall certify that the liner meets all the applicable requirements of Subpart B of 35 Ill. Adm. Code 506. Such certification …

Section 900.606 Failure to Register or Construct in Accordance with Standards a) The owner or operator of any earthen livestock waste lagoon subject to registration that has not been registered or constructed in accordance with standards set forth in subsection (a) of Section 15 …

Section 900.607 Lagoon Operational Inspections a) At least once each year on a random basis, the Department shall inspect every earthen livestock waste lagoon that services 1,000 or more animal units and is required to be registered under the Act. The owner or operator of the lag…

Section 900.608 Lagoon Closure a) When any livestock waste lagoon is removed from service, it shall be completely emptied. Appropriate closure procedures shall be followed as determined by the requirements of this Part. [510 ILCS 77/15(e)] 1) In the event that any livestock waste…

Section 900.609 Odor Control a) Operators of livestock waste handling facilities shall practice odor control methods during the course of manure removal and field application. Odor control methods shall be those methods identified in the rules adopted pursuant to the Illinois Env…

Section 900.610 Ownership Transfer Upon a change in ownership of a registered livestock waste lagoon, the new owner shall notify, in writing, the Department of the change within 30 working days after the closing of the transaction. [510 ILCS 77/15(e)]

Section 900.611 Monitoring Well Sampling, Analysis and Reporting Procedures a) For lagoons required to install monitoring wells pursuant to 35 Ill. Adm. Code 506, the requirements of this Section shall be met. b) Prior to placing the lagoon in service, water level measurements sh…

Section 900.701 Scope, Applicability, and Definitions a) This Subpart provides procedures by which the owner of a new or modified livestock waste lagoon registered under the Livestock Management Facilities Act provides evidence of financial responsibility satisfying the requireme…

Section 900.702 Mechanisms for Providing Evidence of Financial Responsibility a) Financial responsibility may be evidenced by any combination of the following: 1) Commercial or private insurance; 2) Guarantee; 3) Surety bond; 4) Letter of credit; 5) Certificate of deposit or desi…

Section 900.703 Level of Surety a) The level of surety is determined by the following formula: Level of Surety = (V x CF) + EC where: V = Volume of the lagoon as constructed or modified, in cubic feet, including the freeboard volume CF = Cost factor determined pursuant to subsect…

Section 900.704 Upgrading Surety Instrument a) The owner of a lagoon must increase the total amount of surety in place so as to equal the level of surety as calculated within 90 days after: 1) a modification resulting in an increase in the volume of the lagoon; or 2) an increase …

Section 900.705 Release of Lagoon Owner and Financial Institution a) The Department must release a lagoon owner from the requirements of this Subpart when: 1) The lagoon has been properly closed and a notification of closure completion pursuant to Section 900.608 of this Part has…

Section 900.706 Financial Responsibility Proceeds a) A financial institution issuing a surety instrument evidencing financial responsibility for closure of a livestock waste lagoon becomes liable on the surety instrument when a lagoon is removed from service and: 1) The owner fai…

Section 900.707 Use of Multiple Surety Instruments a) The lagoon owner may use any combination of the surety instruments listed in Section 17 of the Livestock Management Facilities Act [510 ILCS 77/17] and this Subpart to evidence the required level of financial responsibility. b…

Section 900.708 Use of a Single Surety Instrument for Multiple Lagoons a) An owner may use a surety instrument specified in this Subpart to provide evidence of financial responsibility for more than one lagoon. b) Whenever a single surety instrument is used for multiple lagoons, …

Section 900.709 Commercial or Private Insurance a) A lagoon owner may provide evidence of financial responsibility for closure of a livestock waste lagoon by obtaining closure insurance that conforms to the requirements of this Subpart and submitting an executed duplicate origina…

Section 900.710 Guarantee a) A lagoon owner may provide evidence of financial responsibility for closure of a livestock waste lagoon by obtaining a guarantee that conforms to the requirements of this Subpart. b) When a guarantee is initially established for a facility, a guaranto…

Section 900.711 Surety Bond a) A lagoon owner may provide evidence of financial responsibility for closure of a livestock waste lagoon by obtaining a surety bond that conforms to the requirements of this Subpart and submitting the bond to the Department. b) The surety company iss…

Section 900.712 Letter of Credit a) A lagoon owner may provide evidence of financial responsibility for closure of a livestock waste lagoon by obtaining an irrevocable standby letter of credit that conforms to the requirements of this Subpart and submitting the letter to the Depa…

Section 900.713 Certificate of Deposit or Designated Savings Account a) A lagoon owner may provide evidence of financial responsibility for closure of a livestock waste lagoon by designating certificates of deposit or savings accounts for use as financial responsibility. b) The i…