SB1273sam001 100TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 3/28/2017

10000SB1273sam001 LRB100 09286 MJP 24149 a

AMENDMENT TO SENATE BILL 1273

AMENDMENT NO. ______. Amend Senate Bill 1273 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by adding Section 12.7 as follows:

(415 ILCS 5/12.7 new)

Sec. 12.7. Concentrated animal feeding operation reporting program.

(a) As used in this Section:

"Animal feeding operation" or "AFO" means a lot or facility, other than an aquatic animal production facility, where the following conditions are met:

(1) animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and

(2) crops, vegetation, forage growth, or post-harvest residues that are grown in place are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are deemed to be a single animal feeding operation if they are adjacent to each other or if they utilize a common area or system for the disposal of wastes.

"Animal unit" means a unit of measurement for any animal feeding operation calculated by adding the following animal numbers:

(1) brood cows and slaughter and feeder cattle multiplied by 1.0;

(2) milking dairy cows multiplied by 1.4;

(3) young dairy stock multiplied by 0.6;

(4) swine weighing over 55 pounds multiplied by 0.4;

(5) swine weighing under 55 pounds multiplied by 0.03;

(6) sheep, lambs, or goats multiplied by 0.1;

(7) horses multiplied by 2.0;

(8) turkeys multiplied by 0.02;

(9) laying hens or broilers multiplied by 0.01, if the facility has continuous overflow watering;

(10) laying hens or broilers multiplied by 0.03, if the facility has a liquid manure handling system; and

(11) ducks multiplied by 0.02.

"Large concentrated animal feeding operation" or "large CAFO" means an animal feeding operation that stables or confines at least the number of animals specified in any of the following categories:

(1) seven hundred mature dairy cows, whether milked or dry;

(2) one thousand veal calves;

(3) one thousand cattle other than mature dairy cows or veal calves, including, but not limited to, heifers, steers, bulls, and cow and calf pairs;

(4) two thousand five hundred swine, each weighing 55 pounds or more;

(5) ten thousand swine, each weighing less than 55 pounds;

(6) five hundred horses;

(7) ten thousand sheep or lambs;

(8) fifty five thousand turkeys;

(9) thirty thousand laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;

(10) one hundred twenty-five thousand chickens, other than laying hens, if the animal feeding operation uses a manure handling system other than a liquid manure handling system;

(11) eighty-two thousand laying hens, if the animal feeding operation uses a manure handling system other than a liquid manure handling system;

(12) thirty thousand ducks, if the animal feeding operation uses a manure handling system other than a liquid manure handling system; or

(13) five thousand ducks, if the animal feeding operation uses a liquid manure handling system.

"Medium concentrated animal feeding operation" or "medium CAFO" means an animal feeding operation that all of the following requirements apply to:

(1) The animal feeding operation stables or confines the number of animals specified in any of the following categories:

(A) two hundred to 699 mature dairy cows, whether milked or dry;

(B) three hundred to 999 veal calves;

(C) three hundred to 999 cattle other than mature dairy cows or veal calves, including, but not limited to, heifers, steers, bulls, and cow and calf pairs;

(D) seven hundred fifty to 2,499 swine, each weighing 55 pounds or more;

(E) three thousand to 9,999 swine, each weighing less than 55 pounds;

(F) one hundred fifty to 499 horses;

(G) three thousand to 9,999 sheep or lambs;

(H) sixteen thousand five hundred to 54,999 turkeys;

(I) nine thousand to 29,999 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;

(J) thirty-seven thousand five hundred to 124,999 chickens, other than laying hens, if the animal feeding operation uses a manure handling system other than a liquid manure handling system;

(K) twenty-five thousand to 81,999 laying hens, if the animal feeding operation uses a manure handling system other than a liquid manure handling system;

(L) ten thousand to 29,999 ducks, if the animal feeding operation uses a manure handling system other than a liquid manure handling system; or

(M) one thousand five hundred to 4,999 ducks, if the animal feeding operation uses a liquid manure handling system.

(2) Pollutants are discharged into waters of the United States through a man-made ditch, flushing system, or other similar man-made device; pollutants are discharged directly into waters of the United States that originate outside of and pass over, across, through, or otherwise come into direct contact with the animals confined in the animal feeding operation; or the animal feeding operation is designated as a CAFO by the Agency pursuant to 35 Ill. Adm. Code 502.106.

(b) Owners or operators of animal feeding operations that confine 300 animal units or more, or AFOs that meet the size threshold to qualify as a medium CAFO or large CAFO, must submit reporting forms and supporting information to the Agency prior to operation. Once in operation, owners or operators of medium CAFOs and large CAFOs must register annually with the Agency.

(c) As of the effective of this amendatory Act of the 100th General Assembly, all medium CAFOs and large CAFOs shall register with the Agency as provided in this subsection.

All medium CAFOs and large CAFOs shall register between January 1 and March 31 of each year and facilities constructed after March 31 of any year shall register during the next available period of registration. The following information shall be reported to the Agency, on a form to be supplied by the Agency:

(1) the names, addresses, and phone numbers of the owners and operators of the operation;

(2) the location of the operation identified by the street address or the latitude and longitude;

(3) each type of animal stabled or confined at the facility and the maximum number of each animal type;

(4) the number of acres under the control of the owner or operator available for land application; and

(5) a copy of the operation's waste management plan if the operation has such a plan.

If an AFO that has provided information to the Agency under this Section ceases operation, then the owner or operator of the AFO must submit a notification of termination to the Agency within 30 days after closure of the facility. Any submittal required under this Section shall be mailed to the Agency's Division of Water Pollution and Control or sent electronically in a form provided by the Agency. Medium CAFOs and large CAFOs must annually reregister by submitting a renewal form between January and March of each year, and provide current address and contact information within 15 working days of a change.

In the case of annual renewal forms, the Agency may accept forms identifying only information that is different from the information previously provided, including differing waste management plan information. The Agency may charge filing fees for initial and annual information filings. The Agency shall make the information collected under this Section available to the public.

(d) The owner or operator of a medium CAFO or large CAFO must comply with all conditions of reporting. It shall be a violation of this Section for any person to:

(1) provide misleading, false, or fraudulent registration information; or

(2) fail to register annually or promptly provide any record or allow the Agency access to inspect any records required to be submitted.

Section 99. Effective date. This Act takes effect upon becoming law.".