Illinois General Assembly - Full Text of SB3042
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Full Text of SB3042  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/5/2022, by Sen. David Koehler


510 ILCS 77/5
510 ILCS 77/12
510 ILCS 77/15.1 new
510 ILCS 77/15 rep.

    Amends the Livestock Management Facilities Act. Provides that it is unlawful to use or create livestock waste lagoons; makes conforming changes. Repeals provisions concerning the standards for livestock waste lagoon construction. Effective immediately.

LRB102 22815 CMG 31965 b





SB3042LRB102 22815 CMG 31965 b

1    AN ACT concerning animals.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Livestock Management Facilities Act is
5amended by changing Sections 5 and 12 and by adding Section
615.1 as follows:
7    (510 ILCS 77/5)
8    Sec. 5. Policy.
9    (a) The General Assembly finds the following:
10        (1) Enhancements to the current regulations dealing
11    with livestock production facilities are needed.
12        (2) The livestock industry is experiencing rapid
13    changes as a result of many different occurrences within
14    the industry including increased sophistication of
15    production technology, increased demand for capital to
16    maintain or expand operations, and changing consumer
17    demands for a quality product.
18        (3) The livestock industry represents a major economic
19    activity in the Illinois economy.
20        (4) The trend is for larger concentration of animals
21    at a livestock management facility due to various market
22    forces.
23        (5) Current regulation of the operation and management



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1    of livestock production is adequate for today's industry
2    with a few modifications.
3        (6) Due to the increasing numbers of animals at a
4    livestock management facility, there is a potential for
5    greater impacts on the immediate area.
6        (7) The creation or use of livestock waste lagoons is
7    against the public policy of this State. Livestock waste
8    lagoons must be constructed according to standards to
9    maintain structural integrity and to protect groundwater.
10        (8) Since a majority of odor complaints result from
11    manure application, livestock producers must be provided
12    with an educational program that will enhance neighbor
13    awareness and their environmental management skills, with
14    emphasis on management of livestock wastes.
15    (b) Therefore, it is the policy of the State of Illinois to
16maintain an economically viable livestock industry in the
17State of Illinois while protecting the environment for the
18benefit of both the livestock producer and persons who live in
19the vicinity of a livestock production facility.
20(Source: P.A. 89-456, eff. 5-21-96.)
21    (510 ILCS 77/12)
22    Sec. 12. Public informational meeting; lagoons and
23non-lagoon structures.
24    (a) Beginning on the effective date of this amendatory Act
25of 1999, within 7 days after receiving a form giving notice of



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1intent to construct (i) a new livestock management facility or
2livestock waste handling facility serving 1,000 or more animal
3units that does not propose to utilize a lagoon or (ii) a
4livestock waste management facility or livestock waste
5handling facility that does propose to utilize a lagoon, the
6Department shall send a copy of the notice form to the county
7board of the county in which the facility is to be located and
8shall publish a public notice in a newspaper of general
9circulation within the county. After receiving a copy of the
10notice form from the Department, the county board may, at its
11discretion and within 30 days after receipt of the notice,
12request that the Department conduct an informational meeting
13concerning the proposed construction that is subject to this
14Section. In addition, during the county's 30-day review
15period, county residents may petition the county board of the
16county where the proposed new facility will be located to
17request that the Department conduct an informational meeting.
18When petitioned by 75 or more of the county's residents who are
19registered voters, the county board shall request that the
20Department conduct an informational meeting. If the county
21board requests that the Department conduct the informational
22meeting, the Department shall conduct the informational
23meeting within 15 days of the county board's request. If the
24Department conducts such a meeting, it shall cause notice of
25the meeting to be published in a newspaper of general
26circulation in the county and in the State newspaper and shall



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1send a copy of the notice to the County Board. Upon receipt of
2the notice, the County Board shall post the notice on the
3public informational board at the county courthouse at least
410 days before the meeting. The owner or operator who
5submitted the notice of intent to construct to the Department
6shall appear at the meeting. At the meeting, the Department
7shall afford members of the public an opportunity to ask
8questions and present oral or written comments concerning the
9proposed construction.
10    (b) The county board shall submit at the informational
11meeting or within 30 days following the meeting an advisory,
12non-binding recommendation to the Department about the
13proposed new facility's construction in accordance with the
14applicable requirements of this Act. The advisory, non-binding
15recommendation shall contain at a minimum:
16        (1) a statement of whether the proposed facility
17    achieves or fails to achieve each of the 8 siting criteria
18    as outlined in subsection (d); and
19        (2) a statement of the information and criteria used
20    by the county board in determining that the proposed
21    facility met or failed to meet any of the criteria
22    described in subsection (d).
23    (c) When the county board requests an informational
24meeting, construction shall not begin until after the
25informational meeting has been held, the Department has
26reviewed the county board's recommendation and replied to the



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1recommendation indicating if the proposed new livestock
2management facility or the new livestock waste handling
3facility is or will be in compliance with the requirements of
4the Act, and the owner, operator, or certified manager and
5operator has received the Department's notice that the
6setbacks and all applicable requirements of this Act have been
8    (d) At the informational meeting for the proposed
9facility, the Department of Agriculture shall receive evidence
10by testimony or otherwise on the following subjects:
11        (1) Whether registration and livestock waste
12    management plan certification requirements, if required,
13    are met by the notice of intent to construct.
14        (2) Whether the design, location, or proposed
15    operation will protect the environment by being consistent
16    with this Act.
17        (3) Whether the location minimizes any incompatibility
18    with the surrounding area's character by being located in
19    any area zoned for agriculture where the county has zoning
20    or where the county is not zoned, the setback requirements
21    established by this Act are complied with.
22        (4) Whether the facility is located within a 100-year
23    floodplain or an otherwise environmentally sensitive area
24    (defined as an area of karst area or with aquifer material
25    within 5 feet of the bottom of the livestock waste
26    handling facility) and whether construction standards set



SB3042- 6 -LRB102 22815 CMG 31965 b

1    forth in the notice of intent to construct are consistent
2    with the goal of protecting the safety of the area.
3        (5) Whether the owner or operator has submitted plans
4    for operation that minimize the likelihood of any
5    environmental damage to the surrounding area from spills,
6    runoff, and leaching.
7        (6) Whether odor control plans are reasonable and
8    incorporate reasonable or innovative odor reduction
9    technologies given the current state of such technologies.
10        (7) Whether traffic patterns minimize the effect on
11    existing traffic flows.
12        (8) Whether construction or modification of a new
13    facility is consistent with existing community growth,
14    tourism, recreation, or economic development or with
15    specific projects involving community growth, tourism,
16    recreation, or economic development that have been
17    identified by government action for development or
18    operation within one year through compliance with
19    applicable zoning and setback requirements for populated
20    areas as established by this Act.
21(Source: P.A. 91-110, eff. 7-13-99.)
22    (510 ILCS 77/15.1 new)
23    Sec. 15.1. Livestock waste lagoons prohibited. In addition
24to the prohibitions under any other law, it shall be unlawful
25to use or create livestock waste lagoons.



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1    (510 ILCS 77/15 rep.)
2    Section 10. The Livestock Management Facilities Act is
3amended by repealing Section 15.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.