Ill. Admin. Code tit. 35 § 502.645

Current through Register Vol. 48, No. 49, December 6, 2024

Section 502.645 - Land Application Setback Requirements

a) Distance from Residences

Livestock waste must not be land applied within 1/4 mile of any residence not part of the CAFO unless it is injected or incorporated on the day of application.

b) Setbacks from Waters

1) Livestock waste must not be land applied within 200 feet of surface water, unless the water is upgrade or there is adequate diking, which includes, diking that prevents runoff from the land application from entering surface waters that are within 200 feet of the land application area.

2) Livestock waste must not be land applied within 100 feet of downgradient open subsurface drainage intakes, agricultural drainage wells, sinkholes, grassed waterways, or other conduits to surface waters unless a 35-foot vegetative buffer exists between the land application area and the grassed waterways, open subsurface drainage intakes, agricultural drainage wells, sinkholes, or other conduits to surface water.

3) The setback requirements in subsection (b)(2) do not apply if the CAFO demonstrates to the Agency that a setback or buffer is not necessary because implementing alternative conservation practices (including injection and incorporation) or field-specific conditions will provide pollutant reductions equivalent to or better than the reductions that a 100-foot setback would achieve.

c) Livestock waste must not be applied in a 10-year flood plain unless the injection or incorporation method of application is used.

d) Livestock waste must not be land applied to waters of the United States, grassed waterways, or other conduits to surface waters.

e) Livestock waste must not be land applied within 150 feet of potable water supply wells.

Ill. Admin. Code tit. 35, § 502.645

Added at 38 Ill. Reg. 17687, effective 8/11/2014

Amended at 48 Ill. Reg. 3196, effective 2/15/2024