35 Ill. Adm. Code 501.102
Policy
Section 501
Section 501.102 Policy
a) It is the purpose of the General Assembly in adopting the
Environmental Protection Act to restore, maintain, and enhance the purity of
the air and waters of Illinois to protect health, welfare, property, and
quality of life. An adequate supply of healthy livestock is essential to the
well-being of Illinois citizens and the nation. They provide a daily source of
meat, milk, and eggs. Their efficient, economic production must be the concern
of both producers and consumers if we are to have a continued abundance of high-quality,
wholesome food and other livestock products at reasonable prices. The policy must
establish regulations that will provide a balance between a wholesome
environment and the efficient production of adequate livestock products.
b) Livestock produce wastes that, when properly used, supply
nutrients and organic matter to soils. The mere presence of livestock waste in
a given location does not denote pollution, but may, when improperly stored,
transported, or disposed of, undesirably affect the environment.
c) It is determined that the construction, establishment, and
operation of specified livestock management facilities and livestock
waste-handling facilities without environmental planning and safeguards or the
use of specified livestock wastes for agricultural purposes causes, threatens,
or allows the discharge of contaminants into the air or waters of Illinois so
as to cause or threaten to cause pollution or to render those waters harmful to
public health, safety, or welfare, to domestic, commercial, industrial,
agricultural, and recreational uses, or to humans, livestock, wild animals, birds,
or fish or other aquatic life.
d) It is determined that the construction, establishment and
operation of livestock management facilities and livestock waste-handling
facilities without environmental planning and safeguards or the use of
livestock wastes for agricultural purposes causes, threatens, or allows air
pollution.
The discharge of contaminants into the air of Illinois
in
sufficient quantities and of such characteristics and duration as to be
injurious to human, plant, or animal life, to health, or to property, or to
unreasonably interfere with the enjoyment of life or property.
[415 ILCS
5/3.115] It is recognized that the presence of odor is an inherent
characteristic of livestock management facilities and livestock waste-handling
facilities, and that the detection of that odor is not per se air pollution.
e) It is the purpose of this Chapter to prevent pollution of the
air and waters of Illinois caused by failure to plan regarding proper
environmental safeguards for the construction, location, and operation of specified
livestock management facilities and livestock waste-handling facilities. A
permit system is established to ensure that those activities take account of
environmental considerations and to meet the requirements for federal approval,
as established by the CWA. It is also the purpose of these regulations to
prevent pollution from the numerous point and non-point discharges, both
continuous and fluctuating, which are present in specified livestock management
facilities or livestock waste-handling facilities. To this end, procedural
safeguards are required, in addition to compliance with the CWA, NPDES filing
requirements, and the feedlot category of point source effluent guidelines.