93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6663


 
Introduced 02/09/04, by Dan Reitz
 
SYNOPSIS AS INTRODUCED:
 		














510 ILCS 77/25









    Amends the Livestock Management Facilities Act. Makes a technical change in a Section concerning odor control.
















LRB093 18912 RAS 44647 b

















 


 


A BILL FOR









 











HB6663

LRB093 18912 RAS 44647 b






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    AN ACT concerning livestock management.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Livestock Management Facilities Act is 
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amended  by changing Section 25 as follows:
 



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    (510 ILCS 77/25)



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    Sec. 25. Odor control. 

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    (a) Operators of livestock waste handling facilities shall 
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practice odor
control methods during the course of manure 
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removal and field application.
Odor control methods shall be 
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those methods identified in the rules adopted
pursuant to the 
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Illinois Environmental Protection Act concerning agriculture

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related pollution.

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    (b) Every single-stage livestock waste lagoon constructed 
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after the
effective date of this amendatory Act of 1997 must

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shall comply with the following
operational guidelines:


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        (1) In operation, the lagoon must be maintained at not 
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    less than
the minimum design volume.  


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        (2) The livestock waste supply to the lagoon must be 
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    below the
minimum design volume
level.  


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        (3) The livestock waste storage capacity of the lagoon 
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    must be
greater than 270 days.

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    (c) Above-ground livestock waste holding structures must 
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be operated
using odor control management guidelines based on

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scientific peer review accepted
by the Department and 
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determined to be economically feasible to the specific

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operation.

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    (d) For a first violation of this Section by the
owner or 
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operator of a livestock management facility or livestock waste

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handling facility, the Department shall send the owner or 
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operator a written
notice of the
violation by certified mail, 
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return receipt requested.  

 


 






HB6663
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LRB093 18912 RAS 44647 b




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    If after an administrative hearing the Department finds 
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that the owner or
operator of a livestock management facility 
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or livestock waste handling
facility has committed a second 
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violation of this Section, the
Department shall impose on the 
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owner or operator a civil administrative penalty
in an
amount 
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not exceeding $1,000.  The Attorney General may bring an action 
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in the
circuit court to enforce the collection of a penalty 
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imposed under this
Section.

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    If after an administrative hearing the Department finds 
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that the owner or
operator of a livestock management facility 
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or livestock waste handling
facility has committed a third 
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violation of this Section, the
Department shall enter an 
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administrative order directing that the owner or
operator
cease 
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operation of the facility until the violation is corrected.

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    If a livestock management facility or livestock waste 
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handling facility has
not committed a violation of this Section 
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within the 5 years
immediately preceding a violation, the 
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violation shall be construed and treated
as a first violation.

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(Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)