"The Second Step"

Legislative Proposals
for the Large-Scale Livestock Industry

By Illinois Citizens for Responsible Practices
(ICRP)

For more information, please contact the
Illinois Stewardship Alliance philstew@fgi.net
(217) 498-9707

(Also see the ICRP Discussion Points: Family Farms vs. Hog Factories,
and the Fall 1997 ISA report on the Illinois hog industry.)



Site Definition & Setbacks
Site Development Authorization & Public Hearing Process
Lagoon Design & Registration
Manure Management Plan
Site Construction and Operation Permit
Facility Closure
Indemnity Fund
Local Control
Checks & Balances
Liability for Environmental Damage




Site Definition & Setbacks (Proposal 1-10)

Large-scale livestock production facilities, as the Illinois Pollution Control Board recently acknowledged, are a new form of livestock operation in Illinois which require the immediate adoption of specific regulations tailored to the design of facilities with a large concentration of animals. Animal unit capacity, site definition, and setbacks form the foundations for industry-specific regulations for large-scale livestock production facilities.

1) For the purposes of this proposal, the number of animal units at a livestock management facility is the one-time maximum design capacity of that facility. Large-scale livestock production facilities, defined as facilities with a design capacity of 500 animal units or more, should be recognized in both statute and regulation as facilities where greater regulatory oversight is required. In this proposal and in subsequent proposals, we consider a large-scale livestock production facility to be one having a one-time maximum design capacity of 500 animal units or more.

2) Any two or more large-scale livestock production facilities with common management or common ownership will be deemed a single large-scale livestock production facility if they are not separated by a distance of one mile or more or if they utilize a common system or acreage for the storage or disposal of livestock waste.

3) Any new large-scale livestock facility with a design capacity of more than 500 but less than 1,000 animal units shall be located such that no populated area is within 2 miles of the site and no residence (farm or nonfarm) is within 3/4 mile of the site, or that a valid waiver has been obtained from the owner of any residence within 3/4 mile of the site, except in the case of residents with special respiratory problems in which case the setback of the site from the residence will be a minimum of 1 mile.

4) For a large-scale livestock production facility with a design capacity of 1,000 or more animal units, the setback for both a populated area and any residence (farm or nonfarm) shall be increased one foot from the distances stipulated in Paragraph 3 for each each additional animal unit over 1,000 at the facility. For example, any new large-scale livestock facility with a design capacity of 1,100 animal units shall be located such that no populated area is within 2 miles plus 100 feet (10,660 feet) of the site and no residence (farm or nonfarm) is within 3/4 mile plus 100 feet (4,060 feet) of the site.




Site Development Authorization & Public Hearing Process (Proposal 2-10)

1) An owner or operator of a large-scale livestock production facility cannot begin development of a new or expanded site without first receiving a site development authorization permit from the Illinois Environmental Protection Agency (EPA).

2) The EPA permit application shall request at a minimum: a) legal description of site; b) soil survey, geological investigation report, and soil analysis report; c) site investigation for aquifer material; d) type of production, animal unit capacity, and location of buildings; e) detailed description of livestock waste handling facilities, amount of waste to be generated, area available for waste disposal, and proposed method of disposal; f) description of water supply and estimated daily water requirements; and g) distance from populated areas, residences (farm & nonfarm), etc.

3) Within 45 days of receipt of a permit application, EPA shall publish a public notice regarding such request in a newspaper whose circulation covers the affected area, send written notices to elected county and city officials and legislators as well as to all residents located within 3 miles of the proposed site. This public notice shall call upon all interested persons having questions or objections pertaining to the requested site authorization to file them in writing with the EPA.

4) Concurrent with the public notice issuance, EPA shall send a copy of the permit application to Department of Agriculture, Department of Natural Resources, the Soil and Water District, and the office of the Department of Public Health in the county in which said facility would be located.

5) In not less than 90 days, but not more than 180 days, of receipt of a permit application, EPA shall hold a public hearing at a local location near the proposed site of the large-scale livestock facility. EPA will also hold a public hearing within the same time frame upon receipt of a request for new construction or expansion of existing facilities.

6) Site criteria which must be met before a site permit application is approved include the site definition and setbacks in ICRP Proposal 1-10, the lagoon design criteria in ICRP Proposal 3-10, and the waste management plan in ICRP Proposal 4-10. In addition, the Illinois Pollution Control Board shall promulgate other rules and regulations as required to protect the environment and natural resources of the State.

7) Once requisite information has been provided and public hearings concluded, EPA shall rule on the permit application for a site development authorization based on the above site criteria and other relevant rules and regulations.




Lagoon Design & Registration (Proposal 3-10)

1) To obtain a construction and operation permit (ICRP Proposal 5-10) from the Department of Agriculture, a large-scale livestock production facility must demonstrate the following:

A) A site investigation to determine the presence of aquifer material within 50 feet of the bottom of the planned lagoon has been conducted (as provided in Section 506.202, Adopted Rule, Final Order, IPCB, May 15, 1997);

B) The manure storage structures or lagoons meet the standards contained in Sections 506.204 (Lagoon Design Standards), 506.205 (Liner Standards), and 506.206 (Groundwater Monitoring) of the Adopted Rule, Final Order, IPCB, May 15, 1997;

C) The aggregate capacity of manure storage structures is sufficient to store the waste generated by the facility for greater than 365 days;

D) All manure storage structures are designed as anaerobic lagoons using anaerobic lagoon loading rates and volatile solids production rates employing the USDA (NRCS) Animal Waste Management Feed Handbook design method;

E) No single manure storage structure exceeds 20 million gallons in capacity;

F) The depth to the seasonal high water table is at least 5 feet below the bottom elevation of the manure storage structures (or 2 feet if the manure storage structures are compacted to 95% Standard Proctor Density);

G) All manure storage facilities have adequate diversions, dikes, walls or curbs to contain any spillage or rupture of the facility by directing the runoff to an appropriately-sized disposal, holding, or storage area;

H) All manure storage facilities have a clean-up plan in place and approved by the EPA in the event of spillage or rupture of the facility; all such facilities are also required to give public notice (within 24 hours) in the event of spillage or rupture of the facility;

I) Animal parts and afterbirth may not be deposited in the manure storage structures.

2) Livestock production facilities in Illinois must register all existing, as well as new, lagoons with the Department of Agriculture (DOA).




Manure Management Plan (Proposal 4-10)

1) All large-scale livestock production facilities, defined throughout this proposal as facilities with a one-time maximum design capacity of 500 animal units, must complete and file with the Illinois Environmental Protection Agency (IEPA) a manure management plan which provides:

A) Planned animal units on the site and acreage available for waste disposal together with a plan which demonstrates that sufficient acreage is available for nutrient loading and that the application rate for the manure management plan will be based on the most limiting agronomic nitrogen, phosphorus, and potash usage rates for the crops grown;

B) A full description of the sites and surrounding areas where wastes are to be applied, including aerial maps and photos outlining fields available and intended for livestock waste applications, together with demonstrated access to the land through ownership, long-term lease, rental contract, or similar waste application agreements;

C) Agronomic calculations for waste utilization based on soil test values, crop and yield levels expected and manure values, etc. (for detail on requisite waste management plan contents, see Section 506.303, Adopted Rule, Final Order, IPCB, May 15, 1997);

D) DOA shall be responsible for monitoring compliance with manure management plans.

2) Large-scale livestock production facilities shall keep a log record of all livestock waste applied; such record shall be in sufficient detail to determine the type of waste, application rate, date, weight and/or volume, destination and acreage over which the livestock waste was spread.

3) A report detailing livestock waste applied for the previous calendar year shall be submitted to the EPA prior to May 30 of each year. The report will include an analyses of heavy metal deposits, especially zinc and copper, for the year.

4) Aerial spraying of livestock waste is prohibited unless the application area is bermed. Livestock waste applied within 1/2 mile or closer of a residence (farm or non-farm) shall be injected or incorporated on the day of application.

5) Large-scale livestock facilities shall provide landowners with appropriate printed educational material on the long-term impact of over-fertilization of farm land and build up of heavy metal deposits before concluding waste application agreements with them.




Site Construction and Operation Permit (Proposal 5-10)

1) An owner or operator of a large-scale livestock production facility, defined throughout this proposal as a facility with a one-time maximum design capacity of 500 animal units or more, may not commence construction of said facility without a construction and operation permit issued by the Department of Agriculture (DOA).

2) DOA shall consider a construction and operation permit application only after the Illinois Environmental Protection Agency (EPA) has issued a site development authorization (ICRP Proposal 2-9). The construction/operation permit application shall include at a minimum:

A) Kinds and numbers of livestock to be raised;

B) Plat map and aerial map depicting location of the facility and areas where livestock waste is to be applied;

C) Plot plan depicting the location of all components of the facility, water supply wells within 1,000 feet of the facility boundary, surface drainage and surface waters within 1,000 feet of the facility boundary;

D) Soil survey and soil descriptions for the livestock waste storage structures and the livestock waste application areas;

E) Plans and specifications for the livestock waste handling facilities with the approval, seal and signature of an Illinois professional engineer;

F) A waste utilization or manure management plan in accordance with ICRP Proposal 4-9.

3) DOA may request supporting documentation in addition to that listed above for review of the permit application to determine if the proposed facility complies with the criteria of this proposal.

4) DOA will rule on the construction and operation permit application only after all requisite information has been provided and all relevant rules and regulations have been met.

5) DOA will make a minimum of 3 on-site inspections during construction of the facility to ensure conformance with all applicable standards and design plans.




Facility Closure (Proposal 6-10)

Should a permitted, large-scale livestock production facility cease operation, the facility must submit to the Illinois Environmental Protection Agency (IEPA) a closure plan for the facility, including a plan for the removal and disposal of all livestock waste, to include that contained in livestock waste handling facilities, manure storage structures or lagoons. Said removal and disposal of livestock waste shall be completed within ninety (90) day s of the final day of operation of the facility.

The IEPA will promulgate regulations for the closure and clean up of large-scale livestock production facilities in accordance with the above provisions.




Indemnity Fund (Proposal 7-10)

1) The State shall create a large-scale livestock production facility indemnity fund as a separate fund in the State Treasury under the control of the Department of Agriculture (DOA).

2) The fund shall consist of moneys from indemnity fees remitted by large-scale livestock production facilities to the Environmental Protection Agency (EPA) or DOA; sums collected on behalf of the fund by EPA or DOA through legal action or settlement; civil or criminal penalties assessed and collected by EPA or DOA; moneys paid as a settlement involving an enforcement action for a civil or criminal penalty subject to assessment and collection against large-scale livestock facilities; interest, property, and securities acquired through the use of moneys in the fund; or moneys contributed to the fund from other sources.

3) The moneys collected and deposited in the fund shall be appropriated to the EPA or DOA for the exclusive purpose of indemnifying a county for expenses related to cleaning up the site of a large-scale livestock production facility, and to pay the EPA and DOA for costs related to administering the provisions of the fund. Moneys in the fund shall not be subject to appropriation or expenditure for any other purpose.

4) An indemnity fee shall be assessed upon large-scale livestock production facilities which shall be paid to and collected by DOA. EPA and DOA are authorized to adopt an adequate, appropriate fee schedule based on the estimated cost to clean up a large-scale livestock facility as determined by the one-time maximum design capacity of the facility in animal units and the size (aggregate capacity) of the manure storage structures or lagoons.

5) A county that has acquired real estate containing a large-scale livestock production facility following abandonment, closure and/or nonpayment of taxes may make a claim against the large-scale livestock production facility indemnity fund to pay the costs of cleaning up the site of the facility, including the cost of removing and disposing of the livestock waste from the livestock waste handling facility y and/or lagoons. Each claim shall include a bid by a qualified person, other than a governmental entity, to remove and dispose of the livestock waste for a fixed amount specified in the bid.




Local Control (Proposal 8-10)

No large-scale livestock production facility, defined here as 500 animal units or larger, may commence operation in the State of Illinois, and no existing large-scale livestock production facility may expand to 500 animal units or larger, without first obtaining approval from the county board of the county in which the facility is or will be located or, if the facility is or will be located within the corporate limits of a municipality, from the corporate authorities of that municipality.

Residents of a county may call for a county-wide referendum to direct the county board as to approve or disapprove any proposal for a new or expanded large-scale livestock production facility in the county through presentation of a petition signed by no less than 5% of those in the county who voted in the last general election.




Checks & Balances (Proposal 9-10)

Large-scale livestock production facilities, especially large-scale swine production facilities, are a form of corporate, industrial agriculture which is new to the State of Illinois, if not to the United States. Because they are a new phenomenon, and not simply an extension of the family farm so familiar to many of us, they require entirely new rules and regulations, not minor modifications to existing ones.

Based on the short history of large-scale swine production facilities elsewhere in the United States, citing North Carolina as an example, it is also clear that this form of industrial agriculture will impact on a wide variety of public policy areas in Illinois: from air and water quality to physical and mental health to economic efficiency and development to community social issues and local real estate values.

Consequently, it is imperative that every facet of Illinois state government and every agency and department of Illinois state government be involved in the development and regulation of large-scale livestock production facilities. This includes, but is not limited to, the Department of Natural Resources, the Environmental Protection Agency, the Department of Agriculture, and the Department of Public Health.

In this regard, one of the real shortcomings of the 1996 Livestock Management Facilities Act is its almost total reliance on the Department of Agriculture to enact, monitor, and enforce its provisions. Given DOA's limited resources, lack of expertise, and direct involvement in many of the issue areas raised by large-scale livestock facilities, especially large-scale swine production facilities, this is an unreasonable and unacceptable approach to the problem.

All state agencies and departments in Illinois must bring their full resources to bear on this new type of industrial agriculture to ensure that large-scale livestock production facilities, when they locate in our State and in our communities, act as responsible citizens. Moreover, this must be done in a statutory way so that each agency or department is clear as to its authority and responsibility and a proper system of checks and balances between agencies and departments comes into play.




Liability for Environmental Damage (Proposal 10-10)

The owner of any livestock animals that are bred, farrowed, fed, or raised on a contractual basis on property not owned by the livestock owner is liable for any damage or pollution to the environment or the waters of the State of Illinois resulting from such activity if the contract specifies design, construction, or operation standards or requirements that apply to the property or facilities where such activity occurs. This proposal does not exempt the owner of the property on which any livestock animals are bred, farrowed, fed, or raised from liability for such damage or pollution.



Families Against Rural Messes
P.O. Box 615, Elmwood, IL 61529-0615
309-742-8895, Fax: 309-742-8055

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