Section 900.103 Definitions

Section 900

Section 900.103  Definitions

Except as stated in this

Section, or unless a different meaning of a word or term is clear from the

context, the definition of words or terms in this Part shall be the same as

that applied to the same words or terms in the Environmental Protection Act [415

ILCS 5] or the Livestock Management Facilities Act [510 ILCS 77].  For the

purposes of this Part, the terms included in this Section shall have the

following meanings:

"Agency" means the Illinois Environmental

Protection Agency.

[510 ILCS 77/10.5]

"Animal feeding operation" means a feeding

operation as defined in the Illinois Environmental Protection Act and the rules

promulgated under that act concerning agriculture related pollution.

[510

ILCS 77/10.7]

"Animal unit" means a unit of measurement for

any animal feeding operation calculated as follows:

Brood cows and slaughter and feeder cattle multiplied by

1.0.

Milking dairy cows multiplied by 1.4.

Young dairy stock multiplied by 0.6.

Swine weighing over 55 pounds multiplied by 0.4.

Swine weighing under 55 pounds multiplied by 0.03.

Sheep, lambs, or goats multiplied by 0.1.

Horses multiplied by 2.0.

Turkeys multiplied by 0.02.

Laying hens or broilers multiplied by 0.005.

Laying hens or broilers multiplied by 0.01 (if the

facility has continuous overflow watering).

Laying hens or broilers multiplied by 0.03 (if the

facility has a liquid manure handling system).

Ducks multiplied by 0.02.

[510 ILCS 77/10.10]

For species of animals in an animal feeding operation not

specifically listed in this definition, the animal unit factor shall be

determined by dividing the average mature animal weight by 1,000.  The average

mature animal weight shall be determined by the Department with guidance from

the University of Illinois Cooperative Extension Service

stem).

Ducks multiplied by 0.02.

[510 ILCS 77/10.10]

For species of animals in an animal feeding operation not

specifically listed in this definition, the animal unit factor shall be

determined by dividing the average mature animal weight by 1,000.  The average

mature animal weight shall be determined by the Department with guidance from

the University of Illinois Cooperative Extension Service.

"Aquifer material" means sandstone that is five

feet or more in thickness, or fractured carbonate that is ten feet or more in

thickness; or, sand, gravel, or sand and gravel, as defined in this Section,

such that there is at least two feet present within any five foot section of a

soil boring performed in accordance with Subpart B or Subpart C of 35 Ill. Adm.

Code 506.

"Certified livestock manager" means a person

that has been duly certified by the Department as an operator of a livestock

waste handling facility.

[510 ILCS 77/10.15]

"Department" means the Illinois Department of

Agriculture.

[510 ILCS 77/10.20]

"

Farm residence" means any residence on a farm

owned or occupied by the farm owners, operators, tenants, or seasonal or

year-round hired workers.  For purposes of this definition, a "farm"

is the land, buildings, and machinery used in the commercial production of farm

products, and "farm products" are those plants and animals and their

products which are produced or raised for commercial purposes and include but

are not limited to forages and sod crops, grains and feed crops, dairy and

dairy products, poultry and poultry products, livestock, fruits, vegetables,

flowers, seeds, grasses, trees, fish, honey and other similar products, or any

other plant, animal, or plant or animal product which supplies people with

food, feed, fiber, or fur.

[510 ILCS 77/10.23]

"Flood fringe" means that portion of the floodplain

outside the floodway.

"Floodplain" means that land adjacent to a body of

water with ground surface elevations at or below the 100-year frequency flood

elevation

asses, trees, fish, honey and other similar products, or any

other plant, animal, or plant or animal product which supplies people with

food, feed, fiber, or fur.

[510 ILCS 77/10.23]

"Flood fringe" means that portion of the floodplain

outside the floodway.

"Floodplain" means that land adjacent to a body of

water with ground surface elevations at or below the 100-year frequency flood

elevation.

"Floodway", for the six counties including Cook,

DuPage, Kane, Lake, McHenry and Will, means

the channel and that portion of

the floodplain adjacent to a stream or watercourse

as designated by the

Illinois Department of Natural Resources pursuant to Section 18g of the Rivers,

Lakes, and Streams Act [615 ILCS 5/18g],

which is needed to store and convey

the

anticipated future

100-year frequency flood discharge

with no

more than a 0.1 foot increase in stage due to the loss of flood conveyance or

storage, and no more than a 10% increase in velocities.  [615 ILCS

5/18g(d)(1)]  For the remaining 96 counties, "Floodway" means the

channel of a river, lake or stream and that portion of the adjacent land area

that is needed to safely store and convey flood waters.  Where floodways have

been delineated for regulatory purposes, the mapped lines show the floodway

encroachment limits and will be used.  For other areas, floodway limits will be

estimated, using hydrologic and hydraulic calculations, to preserve adequate conveyance

and storage so that stage increases for the 100-year frequency flood would not

exceed 0.1 foot.

"Gravel" or "Sand and gravel" means

unconsolidated materials that contain a matrix (particles of two millimeters or

less) that is consistent with the definition of "sand" and particles

larger than two millimeters in size.

"Inhabited residence" means an occupied residence

reserve adequate conveyance

and storage so that stage increases for the 100-year frequency flood would not

exceed 0.1 foot.

"Gravel" or "Sand and gravel" means

unconsolidated materials that contain a matrix (particles of two millimeters or

less) that is consistent with the definition of "sand" and particles

larger than two millimeters in size.

"Inhabited residence" means an occupied residence.

"Karst area" means an area with a land surface

containing sinkholes, large springs, disrupted land drainage, and underground

drainage systems associated with karstified carbonate bedrock and caves or a

land surface without these features but containing a karstified carbonate

bedrock unit generally overlain by less than 60 feet of unconsolidated

materials.

[510 ILCS 77/10.24]

"Karstified carbonate bedrock" means a carbonate

bedrock unit (limestone or dolomite) that has a pronounced conduit or secondary

porosity due to dissolution of the rock along joints, fractures, or bedding

plains.

[510 ILCS 77/10.26]

"Lagoon"

or "Earthen livestock waste

lagoon"

means any excavated, diked, or walled structure or combination

of structures designed for biological stabilization and storage of livestock

wastes.  A lagoon does not include structures such as manufactured slurry

storage structures or pits under buildings as defined in rules under the

Environmental Protection Act concerning agriculture related pollution.

[510 ILCS 77/10.25]

"Licensed professional engineer" means a person,

corporation or partnership licensed under the laws of the State of Illinois to

practice professional engineering.

[415 ILCS 5/57.2]

"Licensed professional geologist" means an

individual who is licensed under the laws of the State of Illinois to engage in

the practice of professional geology in Illinois.

[225 ILCS 745/15]

"Livestock management facility" means any animal

feeding operation, livestock shelter, or on-farm milking and accompanying

milk-handling area

linois to

practice professional engineering.

[415 ILCS 5/57.2]

"Licensed professional geologist" means an

individual who is licensed under the laws of the State of Illinois to engage in

the practice of professional geology in Illinois.

[225 ILCS 745/15]

"Livestock management facility" means any animal

feeding operation, livestock shelter, or on-farm milking and accompanying

milk-handling area.  Two or more livestock management facilities under common

ownership, where the facilities are not separated by a minimum distance of ¼

mile, and that share a common livestock waste handling facility shall be

considered a single livestock management facility.   Livestock management

facilities

at educational institutions, livestock pasture operations, facilities

where animals are housed on a temporary basis such as county and state fairs,

livestock shows, race tracks, and horse breeding and foaling farms, and market

holding facilities are not subject to the

Livestock Management Facilities

Act or the requirements of this Part.  [510 ILCS 77/10.30]

"Livestock shelter" means any covered structure,

including but not limited to livestock houses or barns, in which livestock are

enclosed at any time.

"Livestock waste" means livestock excreta and

associated feed losses, bedding, wash waters, sprinkling waters from livestock

cooling, precipitation polluted by falling on or flowing onto an animal feeding

operation, and other materials polluted by livestock.

[510 ILCS 77/10.35]

"Livestock waste handling facility" means

individually or collectively those immovable constructions or devices, except

sewers, used for collecting, pumping, treating, or disposing of livestock waste

or for the recovery of by-products from the livestock waste.  Two or more livestock

waste handling facilities under common ownership and where the facilities are

not separated by a minimum distance of 1/4 mile shall be considered a single

livestock waste handling facility

immovable constructions or devices, except

sewers, used for collecting, pumping, treating, or disposing of livestock waste

or for the recovery of by-products from the livestock waste.  Two or more livestock

waste handling facilities under common ownership and where the facilities are

not separated by a minimum distance of 1/4 mile shall be considered a single

livestock waste handling facility.

[510 ILCS 77/10.40]  Livestock waste

handling facilities at educational institutions, livestock pasture operations,

facilities where animals are housed on a temporary basis, such as county and

state fairs, livestock shows, race tracks, and horse breeding and foaling

farms, and market holding facilities, are not subject to the Livestock

Management Facilities Act or the requirements of this Part.

"Maintained" means, with reference to a lagoon,

that the lagoon is inspected (including but not limited to inspection for

burrow holes, trees and woody vegetation, proper freeboard, erosion, settling

of berm, berm top integrity, leaks, and seepage) and preventive action is taken

as necessary to assure the integrity of the lagoon and its berm and associated

appurtenances.

"Modified" means structural changes to a lagoon

that increase its volumetric capacity.

[510 ILCS 77/10.43]

"New facility" means a livestock management

facility or a livestock waste handling facility the construction or expansion

of which is commenced on or after May 21, 1996 (the effective date of the Livestock

Management Facilities Act).  Expanding a facility where the fixed capital cost

of the new components constructed within a 2-year period does not exceed 50% of

the fixed capital cost of a comparable entirely new facility shall not be

deemed a new facility as used in the Livestock Management Facilities Act

nsion

of which is commenced on or after May 21, 1996 (the effective date of the Livestock

Management Facilities Act).  Expanding a facility where the fixed capital cost

of the new components constructed within a 2-year period does not exceed 50% of

the fixed capital cost of a comparable entirely new facility shall not be

deemed a new facility as used in the Livestock Management Facilities Act.

[510 ILCS 77/10.45]  For facilities that have ceased operation on or after July

13, 1999,

commencement of operations at a facility that has livestock

shelters left intact  and that has completed the requirements imposed under

Section 13(k) of the Livestock Management Facilities Act [510 ILCS 77/13(k)]

and Section 900.508 of this Part

and that has been operated as a livestock

management facility for 4 consecutive months at any time within the previous 10

years shall not be considered a new or expanded livestock management or waste

handling facility.

[510 ILCS 77/13(k)] For facilities that have ceased

operation prior to July 13, 1999, commencement of operations at a facility that

has livestock shelters left intact and that has been operated as a livestock

management facility or livestock waste handling facility for 4 consecutive

months at any time within the previous 10 years shall not be considered a new

or expanded livestock management or waste handling facility.

"Non-farm residence" means any residence which

is not a farm residence.

[510 ILCS 77/10.47]

"Occupied residence" means a house or other type of

shelter that is intended or used for human occupancy and has been occupied by

humans for more than a total of six months in the last two years at that

location. For the purposes of this definition, "intended or used for human

occupancy" means running water and sanitation are provided within the

residence.

"Owner or operator" means any person who owns,

leases, controls, or supervises a livestock management facility or livestock

waste-handling facility

been occupied by

humans for more than a total of six months in the last two years at that

location. For the purposes of this definition, "intended or used for human

occupancy" means running water and sanitation are provided within the

residence.

"Owner or operator" means any person who owns,

leases, controls, or supervises a livestock management facility or livestock

waste-handling facility.

[510 ILCS 77/10.50]

"Person" means any individual, partnership,

co-partnership, firm, company, corporation, association, joint stock company,

trust, estate, political subdivision, State agency, or any other legal entity

or their legal representative, agent, or assigns.

[510 ILCS 77/10.55]

"Placed in service" means the placement of

livestock waste in a livestock waste handling facility upon the completion of

construction or modification in accordance with the requirements of this Part.

"Populated area" means any area where at least

10 inhabited non-farm residences are located or where at least 50 persons

frequent a common place of assembly or a non-farm business at least once per

week.

[510 ILCS 77/10.60]  The existence of a populated area shall be

determined by identifying the area around the livestock management or livestock

waste handling facility delineated by a distance equal to the applicable

setback distance and identifying the number of residences or the existence of a

non-farm business or the existence of a common place of assembly within that

area.  For the purpose of setback requirements, common places of assembly or

non-farm businesses include but are not limited to churches, hospitals,

schools, day care centers, manufacturing companies, land managed for

recreational or conservation purposes, museums, camps, parks, retail and

wholesale facilities, and shopping centers

ss or the existence of a common place of assembly within that

area.  For the purpose of setback requirements, common places of assembly or

non-farm businesses include but are not limited to churches, hospitals,

schools, day care centers, manufacturing companies, land managed for

recreational or conservation purposes, museums, camps, parks, retail and

wholesale facilities, and shopping centers.  A common place of assembly or a

non-farm business includes places that operate less than 52 weeks per year,

such as schools with seasonal vacation periods and businesses or other places

which experience seasonal shutdowns, and parks, camps, and recreational areas

which experience seasonal shutdowns or reduced attendance during a portion of

the calendar year, provided that such places are frequented by at least 50

persons at least once per week during the portions of the year when seasonal

shutdowns or reductions in attendance do not occur.

"Residence" means a house or other structure,

including all attachments to the house or structure, which is used as a place

of human habitation.

"Sand" means unconsolidated materials, where 70% or

more of the particles are of size 0.06 millimeters to 2.00 millimeters, and

which according to the USDA soil texture classification scheme includes soil

textures of sand and loamy sand and portions of sandy loam and sandy clay loam.

"Serviced" means, with reference to a lagoon, that

corrective action is taken as necessary to assure the integrity of the lagoon

and its berm and associated appurtenances, including but not limited to removal

or repair of burrow holes, trees and woody vegetation, freeboard level,

erosion, settling of berm, berm top maintenance, leaks, and seepage.