Environmental Progress - Winter 1996

Illinois EPA Gains Partner In Control of Agricultural Pollution

Department of Agriculture joins in regulation of livestock facilities

Responding to public concerns with the growth of ever larger swine production facilities in Illinois, and news of disastrous manure spills in other states, the Illinois General Assembly has directed the Illinois Department of Agriculture (IDOA) to join with the Illinois EPA in working for prevention and control of pollution from livestock management facilities.

The General Assembly adopted, and on May 21, 1996, Governor Jim Edgar signed into law, the Livestock Management Facilities Act (LMFA) requiring for the first time:

• that all new facilities be registered and inspected by the IDOA prior to operating (a post-construction inspection may also be required);
• that livestock producers with large facilities develop livestock waste management plans;
• that livestock managers be trained and certified by the IDOA in proper livestock waste management;
• and that new larger facilities be located farther away from residences and businesses.

The LMFA directed the IDOA, the Illinois EPA, the Department of Natural Resources, and the Department of Public Health to study the issues in livestock waste management and propose regulations to the IDOA for submittal to the Illinois Pollution Control Board (PCB) by November 21, 1996.

The PCB is directed under the LMFA to hold public hearings and adopt regulations by May of 1997.

Emergency Rules Adopted for Short Term Regulation

Recognizing that some provisions of the LMFA would not go into effect and would not protect the state's groundwater until the PCB adopted the permanent rules, the IDOA on October 15, 1996, proposed emergency rules to the PCB.

After receiving extensive comments from the public, the livestock industry, the IDOA, Illinois EPA, Department of Public Health and Department of Natural Resources, the PCB adopted an emergency rule, effective October 31, 1996, requiring new facilities designed for more than 300 animal units, or facilities that have been modified to exceed 300 animal units, and that have not placed manure in the lagoons, to investigate the soil under the lagoon site. (An "animal unit" is the term used in determining the quantity of waste generated by a particular species -- 300 animal units is equivalent to 300 beef cattle, or 750 finisher hogs weighing over 55 lbs., or 107 sows with pigs that are fed to market weight).

Based on the results of the hydrogeologic investigation, the owner of the new facility must take steps to protect any aquifer within 50 feet of the lagoon bottom. These steps may include the construction or installation of a compacted clay or synthetic liner and the monitoring of groundwater. Further, the soils investigation and the construction of the new lagoon must be conducted under the supervision of a registered professional engineer.

New lagoons are subject to registration with the IDOA, waste management plans are required, and livestock managers have to be trained and certified by IDOA.

Emergency Rule Effective for 150 Days

The emergency rule will stay in effect for 150 days. Public hearings on the final version of the livestock rules will likely take place between January and March of 1997.