Bill Text: IL SB3156 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Livestock Management Facilities Act. Provides that livestock waste may continue to be applied to the soil if the average Bray P1 or Mehlich test result for soil phosphorus is 70 pounds (rather than 300 pounds) or less of elemental phosphorus per acre. Provides further that if the test result for soil phosphorus for an application field is greater than 70 pounds (rather than 300 pounds) of elemental phosphorus per acre, the owner or operator shall apply livestock waste until the test results indicate that there is less than 70 pounds (rather than 300 pounds) of elemental phosphorus per acre. States that the Illinois Department of Agriculture may reduce the application field to less than 70 pounds (rather than 300 pounds) of elemental phosphorus per acre in any county if the Department determines that this change is necessary to protect local waterways. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3156 Detail]

Download: Illinois-2019-SB3156-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3156 Introduced ___________, by SYNOPSIS AS INTRODUCED:
510 ILCS 77/20
Amends the Livestock Management Facilities Act. Provides that livestock waste may continue to be applied to the soil if the average Bray P1 or Mehlich test result for soil phosphorous is 70 pounds (rather than 300 pounds) or less of elemental phosphorous per acre. Provides further that if the test result for soil phosphorous for an application field is greater than 70 pounds (rather than 300 pounds) of elemental phosphorous per acre, the owner or operator shall apply livestock waste until the test results indicate that there is less than 70 pounds (rather than 300 pounds) of elemental phosphorous per acre. States that the Illinois Department of Agriculture may reduce the application field to less than 70 pounds (rather than 300 pounds) of elemental phosphorous per acre in any county if the Department determines that this change is necessary to protect local waterways. Effective immediately.
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A BILL FOR
SB3156 LRB101 19731 CMG 69235 b
AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Livestock Management Facilities Act is
amended by changing Section 20 as follows:
(510 ILCS 77/20)
Sec. 20. Handling, storing and disposing of livestock
waste.
(a) The livestock management facility owner or operator
shall comply with the requirements for handling, storing, and
disposing of livestock wastes as set forth in the rules adopted
pursuant to the Illinois Environmental Protection Act
concerning agriculture related pollution.
(b) The livestock management facility owner or operator at
a facility of less than 1,000 animal units shall not be
required to prepare and maintain a waste management plan.
(c) The livestock management facility owner or operator at
a facility of 1,000 or greater animal units but less than 5,000
animal units shall prepare and maintain on file at the
livestock management facility a general waste management plan.
Notwithstanding this requirement, a livestock management
facility subject to this subsection may be operated on an
interim basis but not to exceed 6 months after the effective

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date of the rules promulgated pursuant to this Act to allow for
the owner or operator of the facility to develop a waste
management plan. The waste management plan shall be available
for inspection during normal business hours by Department
personnel.
(d) The livestock management facility owner or operator at
a facility of 5,000 or greater animal units shall prepare,
maintain, and submit to the Department the waste management
plan for approval. Approval of the waste management plan shall
be predicated on compliance with provisions of subsection (f).
The waste management plan shall be approved by the Department
before operation of the facility or in the case of an existing
facility, the waste management plan shall be submitted within
60 working days after the effective date of the rules
promulgated pursuant to this Act.
The owner or operator of an existing livestock management
facility that through growth meets or exceeds 5,000 animal
units shall file its waste management plan with the Department
within 60 working days after reaching the stated animal units.
The owner or operator of a livestock management facility
that is subject to this subsection (d) shall file within 60
working days with the Department a revised waste management
plan when there is a change as provided in subsection (e) of
this Section that will materially affect compliance with the
waste management plan.
(d-5) The owner or operator of multiple livestock

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management facilities under common facility ownership where
the cumulative animal units of the facilities are equal to or
greater than the animal unit numbers provided for in subsection
(c) of this Section shall prepare and keep on file at each
facility a waste management plan in accordance with the
requirements of subsection (c). The owner or operator of
multiple livestock management facilities that are under common
facility ownership where the cumulative animal units of the
facilities are equal to or greater than the animal unit numbers
provided for in subsection (d) of this Section shall prepare
and file with the Department a waste management plan in
accordance with the provisions of subsection (d). Cumulative
animal units shall be determined by combining the animal units
of multiple livestock management facilities under the common
facility ownership based upon the design capacity of each
facility. For the purposes of this subsection (d-5), "under
common facility ownership" means the same person or persons
own, directly or indirectly, through majority owned business
entities at least 51% of any person or persons (as defined by
Section 10.55) that own or operate the livestock management
facility or livestock waste handling facility located in the
State of Illinois.
(e) The owner or operator of a livestock management
facility shall update the waste management plan when there is a
change in values shown in the plan under item (1) of subsection
(f) of this Section. The waste management plan and records of

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livestock waste disposal shall be kept on file for three years.
(f) The application of livestock waste to the land is an
acceptable, recommended, and established practice in Illinois.
However, when livestock waste is not applied in a responsible
manner, it may create pollutional problems. It should be
recognized that research relative to livestock waste
application based on livestock waste nutrient content is
currently ongoing. The Dean of the College of Agricultural,
Consumer and Environmental Sciences at the University of
Illinois, or his or her designee, shall annually report to the
Advisory Committee on the status of phosphorus research,
including research that has been supported in whole or in part
by the Illinois Council on Food and Agricultural Research. The
Advisory Committee may also consult with other appropriate
research entities on the status of phosphorus research. It is
considered acceptable to prepare and implement a waste
management plan based on a nitrogen rate, unless otherwise
restricted by this Section. The waste management plan shall
include the following:
(1) An estimate of the volume of livestock waste to be
disposed of annually, which shall be obtained by
multiplying the design capacity of the facility by the
appropriate amount of waste generated by the animals. The
values showing the amount of waste generated in Table 2-1,
Midwest Plan Service's, MWPS-18, Livestock Waste
Management Facilities Handbook or Design Criteria for the

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field application of livestock waste adopted by the Agency
may be used.
(2) The number of acres available for disposal of the
waste, whether they are owned by the owner or operator of
the livestock waste management facility or are shown to be
contracted with another person or persons for disposal of
waste.
(3) An estimate of the nutrient value of the waste. 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, the Agency's Agriculture Related
Pollution regulations, or the results of analysis
performed on samples of waste. For the purposes of
compliance with this subsection, the nutrient values of
livestock waste may vary as indicated in the source table.
In the case of laboratory analytical results, the nutrient
values may vary with the accuracy of the analytical method.
(3.5) Results of the Bray P1 or Mehlich test for soil
phosphorus reported in pounds of elemental phosphorus per
acre. 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 every 3 years. Sampling procedures, such as the
number of samples and the depth of sampling, as outlined in

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the current edition of the Illinois Agronomy Handbook shall
be followed when soil samples are obtained.
(3.6) If the average Bray P1 or Mehlich test result for
soil phosphorus calculated from samples obtained from the
application field is 70 300 pounds or less of elemental
phosphorus per acre, livestock waste may continue to be
applied to that field in accordance with subsection (f) of
this Section. If the average Bray P1 or Mehlich test result
for soil phosphorus for an application field is greater
than 70 300 pounds of elemental phosphorus per acre, the
owner or operator shall apply livestock waste at the
phosphorus rate to the field until the average Bray P1 or
Mehlich test for soil phosphorus indicates there is less
than 70 300 pounds of elemental phosphorus per acre. Upon
the development of a phosphorus index that is approved
subject to the provisions established in Section 55 of this
Act, the owner or operator shall use such index in lieu of
the 70 300 pounds of elemental phosphorus per acre.
The Department may reduce the application field to less
than 70 pounds of elemental phosphorous per acre in any county
if the Department determines that this change is necessary to
protect local waterways.
(4) An indication that the livestock waste will be
applied at rates not to exceed the agronomic nitrogen
demand of the crops to be grown when averaged over a 5-year
period.

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(5) A provision that livestock waste applied within 1/4
mile of any residence not part of the facility shall be
injected or incorporated on the day of application.
However, livestock management facilities and livestock
waste handling facilities that have irrigation systems in
operation prior to the effective date of this Act or
existing facilities applying waste on frozen ground are not
subject to the provisions of this item (5).
(6) A provision that livestock waste may not be applied
within 200 feet of surface water unless the water is
upgrade or there is adequate diking, and waste will not be
applied within 150 feet of potable water supply wells.
(7) A provision that livestock waste may not be applied
in a 10-year flood plain unless the injection or
incorporation method of application is used.
(8) A provision that livestock waste may not be applied
in waterways.
(9) A provision that if waste is spread on frozen or
snow-covered land, the application will be limited to land
areas on which:
(A) land slopes are 5% or less, or
(B) adequate erosion control practices exist.
(10) Methods for disposal of animal waste.
(g) Any person who is required to prepare and maintain a
waste management plan and who fails to do so shall be issued a
warning letter by the Department for the first violation and

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shall be given 30 working days to prepare a waste management
plan. For failure to prepare and maintain a waste management
plan, the person shall be fined an administrative penalty of up
to $1,000 by the Department and shall be required to enter into
an agreement of compliance to prepare and maintain a waste
management plan within 30 working days. For failure to prepare
and maintain a waste management plan after the second 30 day
period or for failure to enter into a compliance agreement, the
Department may issue an operational cease and desist order
until compliance is attained.
(Source: P.A. 91-110, eff. 7-13-99; 92-16, eff. 6-28-01.)
Section 99. Effective date. This Act takes effect
immediately.