What to Expect from an Illinois EPA Livestock
Facility Inspection
- Why is the Illinois EPA visiting my facility?
Inspections of livestock management facilities are scheduled for several
reasons, including the following:
- Investigation of a complaint of water pollution or air pollution
- Follow-up visits at facilities that have had previous problems
- Investigations of facilities in a particular watershed or other
geographical area
- Visits to facilities subject to significant public interest, due
to size or location
- Visits to obtain information for permit purposes
- Investigations of possible problems observed by Illinois EPA staff
Field staff will discuss the reasons and purposes for the visit with
the facility operator at the time of the visit.
- What authority does the Illinois EPA have for inspections?
| State law and regulations give the Illinois EPA authority
to inspect livestock management facilities and livestock waste handling
facilities. Field staff will attempt to locate a facility representative
upon arriving at a site. In some situations, such as investigation
of a fish kill or other emergency, field staff may need to observe
unattended waste handling facilities. In general, though, inspections
of unattended facilities are limited to areas visible from public
roads and the facility driveway. Staff may also leave a business
card or note with a request that a facility representative call
the Illinois EPA to schedule a follow up visit. |
| Illinois Environmental Protection Act (415 ILCS 5/4)
Section 4(b): The Agency shall have the duty
to collect and disseminate such information, acquire such
technical data, and conduct such experiments as may be required
to carry out the purposes of this Act, including ascertainment
of the quantity and nature of discharges from any contaminant
source and data on those sources….
Section 4(c): The Agency shall have authority to conduct
a program of continuing surveillance and of regular or periodic
inspection of actual or potential contaminant…sources….
Section 4(d): In accordance with constitutional limitations,
the Agency shall have authority to enter at all reasonable
times upon any private or public property for the purpose
of...(i) inspecting and investigating to ascertain possible
violations of the Act or of regulations thereunder, or of
permits or terms or conditions thereof.... |
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| 35 Illinois Administrative Code 501.406
a) The Agency shall have the authority to enter at all reasonable
times upon any private or public property for the purpose of inspecting
and investigating to ascertain possible violations of the Act
or regulations thereunder, in accordance with constitutional limitations....
b) The activities of inspecting and investigating include:
1) Having access to and the right to copy any records required
to be kept under the terms of the permit; and
2) Having access to, sampling and monitoring any discharge of
pollutants to ground and surface waters.
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- What happens during an inspection?
Upon arrival at a livestock facility, field staff will discuss biosecurity
requirements with a facility representative. Illinois EPA staff is required
to comply with reasonable biosecurity practices at the request of the
operator. Field staff will also discuss the reason for the visit, and
a proposed plan for the inspection.
During the visit, Illinois EPA staff will observe and discuss the size
and type of livestock at the facility and the areas where livestock
are housed. In most cases, field staff will not need to enter any area
where livestock are confined or housed, and they will not do so without
the authorization of the owner or operator. The majority of the inspection
will focus on waste management, including storage structures, capacities,
and management practices. Regulations relating to operation of the facility
and management of livestock waste will be discussed with the operator.
Photographs and samples may be obtained to document conditions at the
facility. Also, records required by regulations or permits issued to
the facility may be reviewed.
Finally, field staff will review any problems noted during the inspection
with the facility representative before leaving. The discussion will
usually include options for correcting the problems, and information
about sources of technical assistance available to the facility.
- What happens after the inspection?
When no violations are found after completion of the inspection, the
process ends. If violations are found, one of the following actions
may be initiated depending on the seriousness of the problems:
- Noncompliance Advisory: When relatively minor problems are found,
a Noncompliance Advisory letter may be sent to the facility owner
or operator. This letter will document the violations of water or
air pollution control regulations and laws observed during the inspection,
and include recommendations for correcting the problems.
- Violation Notice: More serious violations, or failure to correct
problems noted in a Noncompliance Advisory, may result in a Violation
Notice letter to the facility from Illinois EPA headquarters in Springfield.
Examples of violations that may lead to this response include livestock
waste releases causing water quality violations, or documented instances
of air pollution. The Violation Notice contains a description of the
alleged violations and actions that the Agency believes may resolve
the violations, and begins a series of steps described in the Environmental
Protection Act. These steps include an opportunity to meet with the
Illinois EPA and to propose a Compliance Commitment Agreement to resolve
the violations. If no agreement is reached, or the compliance commitment
is not met, the Illinois EPA may follow up with a notice that it intends
to pursue legal action. This notice provides an opportunity for a
second meeting with the Agency; if the violations still remain unresolved,
the matter may be referred to the Illinois Attorney General, the U.S.
Environmental Protection Agency, or a county State’s Attorney’s
office for enforcement.
- Request for Injunctive Relief: Section 43 of the Environmental Protection
Act allows the Illinois EPA to request an injunction from the local
circuit court to halt an activity causing or contributing to “substantial
danger to the environment or to the public health of persons or to
the welfare of persons where such danger is to the livelihood of such
persons.” A significant release of livestock waste to surface
water or a serious, ongoing air pollution episode meeting the above
criteria are some of the violations that could trigger this response.
- Who should I call if I have questions?
Field inspectors will be able to answer most questions about a facility
inspection. If you need more information, you may contact the local
Illinois EPA regional manager at the same address and phone number as
the field inspector, or Tim Kluge, manager of Field Operations for the
Division of Water Pollution Control in Springfield at (217) 782-3362.
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