(510 ILCS 77/12)
Public informational meeting; lagoons and non-lagoon structures.
(a) Beginning on the effective date of this amendatory Act of 1999, within 7
receiving a form giving notice of intent to construct (i) a new livestock
management facility or
livestock waste handling facility serving 1,000 or more animal units that does
not propose to
utilize a lagoon or (ii) a livestock waste management facility or livestock
waste handling facility
that does propose to utilize a lagoon, the Department shall send a copy of the
notice form to the
county board of the county in which the facility is to be located and shall
publish a public notice in
a newspaper of general circulation within the county. After receiving a copy
of the notice form
from the Department, the county board may, at its discretion and within 30 days
after receipt of
the notice, request that the Department conduct an informational meeting
proposed construction that is subject to this Section. In addition, during the
review period, county residents may petition the county board of the county
where the proposed
new facility will be located to request that the Department conduct an
When petitioned by 75 or more of the county's residents who are registered
voters, the county
board shall request that the Department conduct an informational meeting. If
the county board
requests that the Department conduct the informational meeting, the Department
the informational meeting within 15 days of the county board's request. If the
conducts such a meeting, it shall cause notice of the meeting to be published
in a newspaper of
general circulation in the county and in the State newspaper and shall send a
copy of the notice to the County Board. Upon receipt of the notice, the County
Board shall post the notice
on the public
informational board at the county courthouse at least 10 days before the
meeting. The owner or
operator who submitted the notice of intent to construct to the Department
shall appear at the
meeting. At the meeting, the Department shall afford members of the public an
opportunity to ask
questions and present oral or written comments concerning the proposed
(b) The county board shall submit at the informational meeting or within 30
the meeting an advisory, non-binding recommendation to the Department about the
new facility's construction in accordance with the applicable requirements of
this Act. The
advisory, non-binding recommendation shall contain at a minimum:
(1) a statement of whether the proposed facility
achieves or fails to achieve each of the 8 siting criteria as outlined in subsection (d); and
(2) a statement of the information and criteria used
by the county board in determining that the proposed facility met or failed to meet any of the criteria described in subsection (d).
(c) When the county board requests an informational meeting, construction
begin until after the informational meeting has been held, the Department has
county board's recommendation and replied to the recommendation indicating if
new livestock management facility or the new livestock waste handling facility
is or will be in
compliance with the requirements of the Act, and the owner, operator, or
certified manager and
operator has received the Department's notice that the setbacks and all
of this Act have been met.
(d) At the informational meeting for the proposed facility, the Department
shall receive evidence by testimony or otherwise on the following subjects:
(1) Whether registration and livestock waste
management plan certification requirements, if required, are met by the notice of intent to construct.
(2) Whether the design, location, or proposed
operation will protect the environment by being consistent with this Act.
(3) Whether the location minimizes any
incompatibility with the surrounding area's character by being located in any area zoned for agriculture where the county has zoning or where the county is not zoned, the setback requirements established by this Act are complied with.
(4) Whether the facility is located within a 100-year
floodplain or an otherwise environmentally sensitive area (defined as an area of karst area or with aquifer material within 5 feet of the bottom of the livestock waste handling facility) and whether construction standards set forth in the notice of intent to construct are consistent with the goal of protecting the safety of the area.
(5) Whether the owner or operator has submitted plans
for operation that minimize the likelihood of any environmental damage to the surrounding area from spills, runoff, and leaching.
(6) Whether odor control plans are reasonable and
incorporate reasonable or innovative odor reduction technologies given the current state of such technologies.
(7) Whether traffic patterns minimize the effect on
(8) Whether construction or modification of a new
facility is consistent with existing community growth, tourism, recreation, or economic development or with specific projects involving community growth, tourism, recreation, or economic development that have been identified by government action for development or operation within one year through compliance with applicable zoning and setback requirements for populated areas as established by this Act.
(Source: P.A. 91-110, eff. 7-13-99.)