Illinois Administrative Code

Section 900.802 Scope and Applicability a) A waste management plan shall be prepared according to the requirements contained in Section 20 of the Livestock Management Facilities Act [510 ILCS 77/20] and in this Subpart. The application of livestock waste to the land is an accepta…

Section 900.803 Waste Management Plan Contents The livestock waste management plan shall contain the following items: a) Name, address, and phone number of the owners of the livestock facility; b) Name, address, and phone number of the managers or operators if different than the …

Section 900.804 Livestock Waste Volumes The estimate of the annual volume of available livestock waste for application, as required in Section 900.803(m)(1) of this Part, shall be obtained by multiplying the number of animals constituting the maximum design capacity of the facili…

Section 900.805 Nutrient Value of Livestock Waste a) The owner or operator may prepare a plan based on an average of the minimum and maximum numbers in the table values derived from MidWest Plan Service's MWPS-18, Livestock Waste Facilities Handbook (Table 2-1, 10-6, or 10-7) or …

Section 900.806 Adjustments to Nitrogen Availability Adjustments shall be made to nitrogen availability to account for the following: a) Nitrogen loss from livestock waste due to method of application, as required in Section 900.803(m)(4) of this Part and obtained from an average…

Section 900.807 Targeted Crop Yield Goal a) The targeted crop yield goal, as required in Section 900.803(m)(6) of this Part, shall be determined for each field where the livestock waste is to be applied. The targeted crop yield goal shall be determined by obtaining an average yie…

Section 900.808 Nitrogen Credits a) Nitrogen credits shall be calculated by the livestock facility owner or operator, pursuant to Section 900.803(m)(7) of this Part, for nitrogen-producing crops grown the previous year, for other sources of nitrogen applied for the growing season…

Section 900.809 Records of Waste Disposal Records of the livestock waste disposal shall include the following items: a) Date of livestock waste application; b) The field where livestock waste application was made; c) Method of livestock waste application; d) Livestock waste appli…

Section 900.810 Approval of Waste Management Plans a) Department approval of livestock waste management plans shall be based on the following criteria: 1) Livestock waste application rate of nitrogen not to exceed the crop nitrogen requirements for targeted crop yield goals; 2) D…

Section 900.811 Sludge Removal a) Within 60 days prior to periodic removal of sludge from a livestock waste storage structure, the livestock facility owner or operator shall test the sludge for nutrient content. Application of the sludge to the land shall not exceed the nitrogen …

Section 900.812 Soil Phosphorus Testing Soil samples shall be obtained and analyzed from the livestock waste application fields on land owned or under the control of the owner or operator where applications are planned. Fields where livestock waste is applied shall be sampled eve…

Section 900.813 Phosphorus Based Application a) If the average Bray P1 or Mehlich test result for soil phosphorus calculated from samples obtained from the application field is 300 pounds or less of elemental phosphorus per acre, livestock waste may continue to be applied to that…

Section 900.814 Plan Updates a) The waste management plan shall be reviewed annually by the livestock facility owner or operator and updated when there is a change in the volume of livestock waste to be disposed of annually, calculated pursuant to Section 900.804 of this Subpart,…

Section 900.815 Penalties a) Any person who is required to prepare a waste management plan and who fails to do so shall be subject to the following: 1) The person shall be issued a warning letter by the Department for the first violation and shall be given 30 working days to prep…

Section 900.816 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 900.901 Applicability a) A livestock waste handling facility serving 300 or greater animal units shall be operated only under the supervision of a certified livestock manager. Notwithstanding this requirement, a livestock waste handling facility may be operated on an inte…

Section 900.ILLUSTRATION A Surety Bond SURETY BOND Date bond executed: Effective date: Principal: Type of organization: State of incorporation: Surety Sites: Name: Address: City: Amount guaranteed by this bond: $ Name: Address: City: Amount guaranteed by this bond: $ Please attac…

Section 900.ILLUSTRATION B Irrevocable Standby Letter of Credit IRREVOCABLE STANDBY LETTER OF CREDIT Director Illinois Department of Agriculture P.O. Box 19281 Springfield, IL 62794-9281 Dear Sir or Madam: We have authority to issue letters of credit. Our letter-of-credit operati…

Section 955.10 Purpose and General Definitions a) Purpose The purpose of this Part is to establish definitions to determine the status of a "qualifying farmer" under the Act, and to outline the process to obtain an advisory opinion from the Department. b) Definitions The Departme…

Section 955.20 Definition of Beginning Farmer a) Source The Department incorporates the Secretary's definition of a beginning farmer as stated in subsection (b). b) Definition 1) A beginning farmer is a farmer that has: A) not operated a farm, or who has not operated a farm for n…

Section 955.30 Definition of Small- or Medium-Sized Farmer Definition A small- or medium-sized farmer means a farmer who has received a Direct Farm Ownership Microloan, or a Direct Farm Operating Microloan, through the USDA Microloan Program.

Section 955.40 Definition of Limited Resource Farmer a) Source The Department incorporates the Secretary's definition of a limited resource farmer as stated in subsection (b). b) Definition 1) A limited resource farmer is a farmer that has: A) direct or indirect gross farm sales …

Section 955.50 Definition of Socially-Disadvantaged Farmer a) Source The Department incorporates the Secretary's definition of a socially-disadvantaged farmer as stated in subsection (b). b) Definition 1) A socially-disadvantaged farmer is a farmer that is a member of a socially …

Section 955.60 Advisory Opinions from the Department a) Requesting an Opinion An urban agricultural area committee that desires an opinion from the Department as to whether an applicant meets one of the definitions to be considered a qualifying farmer under the Act may request th…

Section 1000.10 Definitions and Incorporations Definitions for this Part can be located in Section 10 of the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130/10]. The following definitions shall also apply to this Part: "Act" means the Compassionate Use of Me…

Section 1000.100 Permit Application a) A cultivation center permit shall be obtained for each facility prior to commencement of any production activities. The permit shall, along with any other certificate, business license or other authorization required to conduct production ac…

Section 1000.110 Permits − Selection Criteria a) Each application shall address all criteria and measures as set forth in this Part. The failure by an applicant to address all of the required criteria and measures will result in the application being denied. b) The required crite…

Section 1000.120 Permit Issuance; Transferability a) A cultivation center permit shall be issued for the specific location identified on the application, and is valid only for the owner, premises and name designated on the permit and the location for which it is issued. 1) A cult…

Section 1000.130 Permit Renewal a) Every cultivation center permit, agent and agent-in-charge identification card issued by the Department under the Act and this Part shall expire annually on the date it was issued. b) Every renewal application for a permit, agent or agent-in-cha…

Section 1000.140 Fees a) An applicant shall submit the following non-refundable fees with each permit and registration application submitted, in the form of a certified check or money order payable to the "Illinois Department of Agriculture", or by such other means as approved by…

Section 1000.150 Modifications and Alterations a) A permit shall be amended before the commencement of any modification to the facility. This includes any change that modifies the approved permit design capability of production or process areas, including change of capacity, effi…

Section 1000.160 Denial of Cultivation Center Application/Suspension or Revocation of Permit a) An application for a cultivation center permit must be denied if any of the following conditions are met: 1) the applicant failed to submit the materials required by this Part; 2) the …

Section 1000.20 Referenced Materials a) The following federal statutes and regulations are referenced in this Part: 1) Federal Food, Drug, and Cosmetic Act (21 USC 301 et seq.) 2) Fair Packaging and Labeling Act (15 USC 1451 et seq.) 3) Tolerances and Exemptions for Pesticide Che…

Section 1000.200 Financial Disclosure a) When applying for a cultivation center permit, the applicant shall disclose all relevant financial information to the Department. The applicant shall have a continuing duty to disclose promptly any material changes in the financial informa…

Section 1000.210 Fingerprint-Based Criminal History Records Check a) No person who has been convicted of an excluded offense may be a cultivation center agent. (Section 105 of the Act) b) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints an…

Section 1000.220 Cultivation Center Facility Plans and Specifications a) Cultivation centers shall: 1) Not be located closer than 1,000 feet to another cultivation center or a medical cannabis dispensary. 2) Not be located closer than 2,500 feet of the property line of a pre-exis…

Section 1000.230 Measuring Distances a) In establishing the distance between one or more places (such as the actual distance of a cultivation center from a school or day care center, as defined in the Act), the distance shall be measured linearly and shall be the shortest distanc…

Section 1000.240 Failure to Open or Operate a) A cultivation center permit shall be surrendered to the Department upon written notice and demand if the cultivation center fails to begin production within six months after the permit has been issued. The cultivation center may subm…

Section 1000.250 Cultivation Center Records a) Each cultivation center shall keep and maintain upon the permitted premises for a five-year period true, complete, legible and current books and records, including the following: 1) The date of each sale or distribution to a dispensa…

Section 1000.260 Automated Data Processing (ADP) and/or Point-of-Sale (POS) Systems a) The cultivation center shall keep records within an automated data processing (ADP) and/or point-of-sale (POS) system. The system must include a method for producing legible records that will p…

Section 1000.270 Mandatory Signage a) Each permitted cultivation center must post a sign in a conspicuous location at each entrance of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON THESE PREMISES". b) Each permitted cultivation center must post a sign i…

Section 1000.30 Scope and Application a) It is the duty of the Department to enforce the provisions of the Act relating to the registration and oversight of cultivation centers unless otherwise provided for in the Act. [410 ILCS 130/15(b)] b) A cultivation center shall be in comp…

Section 1000.300 Cultivation Center Agents Application; Issuance; Surrender a) The cultivation center agent application shall be submitted on forms provided by the Department in accordance with the Act and this Part. The application will include instructions for its completion an…

Section 1000.310 Suspension or Revocation of Agent Identification Card a) The Department may suspend or revoke a cultivation center agent identification card for any of the following reasons: 1) Submission of misleading, incorrect, false or fraudulent information in the applicati…

Section 1000.320 Cultivation Center Agent-in-Charge a) Every cultivation center shall designate, at a minimum, one agent-in-charge. Except as provided in subsection (h), maintaining an agent-in-charge is a continuing requirement for a valid cultivation center permit. b) Every cul…

Section 1000.330 Denial, Suspension or Revocation of Agent-in-Charge Identification Card The Department may deny, suspend or revoke a cultivation center agent-in-charge identification card, for any of the reasons for which it can deny, suspend or revoke a cultivation center agent…

Section 1000.40 Operation of a Cultivation Center a) Only a cultivation center that has been issued a permit by the Department under the provisions of the Act and this Part shall own and operate a cultivation center facility. b) A cultivation center, including each principal offi…