Siting Restrictions and Additional Construction Requirements

Section 900 Section 900.502  Siting Restrictions and Additional Construction Requirements New livestock management facilities and livestock waste handling facilities constructed after January 1, 2001 shall be subject to the additional construction requirements and siting prohibitions provided in this Section. [510 ILCS 77/13(b)] a) No new non-lagoon livestock management facility or livestock waste handling facility may be constructed within the floodway of a 100-year floodplain.  A new livestock management facility or livestock waste handling facility may be constructed within the portion of a 100-year floodplain that is within the flood fringe and outside the floodway provided that the facility is designed and constructed to be protected from flooding and meets the requirements set forth in the Rivers, Lakes, and Streams Act [615 ILCS 5], Section 5-40001 of the Counties Code [55 ILCS 5/5-40001], and Executive Order Number 4 (1979).  The delineation of floodplains, floodways, and flood fringes shall be in compliance with the National Flood Insurance Program.  Protection from flooding shall be consistent with the National Flood Insurance Program and shall be designed so that stored livestock waste is not readily removed. [510 ILCS 77/13(b)(1])  Construction standards and specifications shall be utilized as set forth in Subpart C of 35 Ill. Adm. Code 506. b) A new non-lagoon livestock waste handling facility constructed in a karst area shall be designed to prevent seepage of the stored material into groundwater in accordance with ASAE EP393.2 or future updates. Owners or operators of proposed facilities should consult with the local soil and water conservation district, the University of Illinois Cooperative Extension Service, or other local, county, or State resources relative to determining the possible presence or absence of such areas.  Notwithstanding the other provisions of this subsection (b), after July 13, 1999, no non-lagoon livestock waste handling facility may be constructed within 400 feet of any natural depression in a karst area formed as a result of subsurface removal of soil or rock materials that has caused the formation of a collapse feature that exhibits internal drainage.  For the purposes of this subsection (b), the existence of such a natural depression in a karst area shall be indicated by the uppermost closed depression contour lines on a USGS 7½ minute quadrangle topographic map or as determined by Department field investigation in a karst area. [510 ILCS 77/13(b)(2)]  Construction standards and specifications shall be utilized as set forth in Subpart C of 35 Ill. Adm. Code 506. c) A new non-lagoon livestock waste handling facility constructed in an area where aquifer material is present within 5 feet of the bottom of the facility shall be designed to ensure the structural integrity of the containment structure and to prevent seepage of the stored material to groundwater.  Footings and underlying structure support shall be incorporated into the design standards of the storage structure in accordance with the requirements of Section 4.1 of the American Society of Agricultural Engineers (ASAE) EP393.2 or future updates. [510 ILCS 77/13(b)(3)]  Construction standards and specifications shall be utilized as set forth in Subpart C of 35 Ill. Adm. Code 506.