Ill. Admin. Code tit. 8 § 900.505

Current through Register Vol. 48, No. 44, November 1, 2024

Section 900.505 - Inspections

a) The Department shall inspect the construction site prior to construction, during construction, and within 10 business days following receipt of the certification of compliance, pursuant to Section 900.506 of this Subpart, to determine compliance with the construction standards and this Subpart. [510 ILCS 77/13(g) ]

b) The person making any inspection shall comply with reasonable animal health protection procedures as requested by the owner, operator, or certified livestock manager.

c) The Department shall require modification or change when necessary to bring the construction into compliance with the standards as set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506. [510 ILCS 77/13(h) ]

d) The person making the inspection shall discuss with the owner, operator, or certified livestock manager an evaluation of the livestock waste handling facility construction and shall provide on-site written recommendations to the owner, operator, or certified livestock manager of what modifications or changes are necessary or inform the owner, operator, or certified livestock manager that the facility meets the standards set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506. On the day of the inspection, the person making the inspection shall give the owner, operator, or certified livestock manager a written report of findings based on the inspection together with an explanation of remedial measures necessary to enable the livestock waste handling facility to meet the standards set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506. The Department shall, within 5 business days after the date of inspection, send an official written notice to the owner or operator of the livestock waste handling facility by certified mail, return receipt requested, indicating that the facility meets the standards set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506 or identifying the remedial measures necessary to enable the livestock waste handling facility to meet the standards set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506. The owner or operator shall, within 10 business days after receipt of an official written notice of deficiencies, contact the Department to develop the principles of an agreement of compliance. The owner or operator and the Department shall enter into an agreement of compliance setting forth the specific changes to be made to bring the construction into compliance with the standards required under this Subpart and Subpart C of 35 Ill. Adm. Code 506. If an agreement of compliance cannot be achieved, the Department shall issue a compliance order to the owner or operator outlining the specific changes to be made to bring the construction into compliance with the standards required under this Subpart and Subpart C of 35 Ill. Adm. Code 506. The owner or operator can request an administrative hearing to contest the provisions of the Department's compliance order. [510 ILCS 77/13(h) ]

e) If any owner or operator operates in violation of an agreement of compliance, the Department shall seek an injunction in circuit court to prohibit the operation of the facility until construction and certification of the livestock waste handling facility are in compliance with the provisions of this Subpart and Subpart C of 35 Ill. Adm. Code 506. [510 ILCS 77/13(j) ]

Ill. Admin. Code tit. 8, § 900.505