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Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
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(510 ILCS 77/35)
Sec. 35.
Setbacks for livestock management and livestock handling
facilities.
(a) Grandfather provision; facilities in existence prior to July 15, 1991.
Livestock management facilities and livestock waste handling
facilities in existence prior to July 15, 1991 shall comply with
setbacks in existence prior to July 15, 1991, as set forth in the Illinois
Environmental Protection Act and rules promulgated under that Act.
(b) Grandfather provision; facilities in existence on effective date and
after July 15, 1991. Livestock management facilities and livestock waste
handling facilities in existence on the effective date of this Act but after
July 15, 1991 shall comply with setbacks in existence prior to the effective
date of
this Act, as set forth in the Illinois Environmental Protection Act and rules
promulgated under that Act.
(c) New livestock management or livestock waste handling facilities.
Any new facility shall comply with the following setbacks:
(1) For purposes of determining setback distances, | ||
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(2) A livestock management facility or livestock | ||
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(3) For a livestock management facility or waste | ||
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(4) For a livestock management facility or livestock | ||
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(A) For a populated area, the minimum setback | ||
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(B) For any occupied residence, the minimum | ||
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(5) For a livestock management facility or livestock | ||
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(A) For a populated area, the minimum setback | ||
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(B) For any occupied residence, the minimum | ||
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(d) Requirements governing the location of a new livestock management
facility and new livestock waste-handling facility and conditions for
exemptions or compliance with the maximum feasible location as provided in
rules adopted pursuant to the Illinois Environmental Protection Act concerning
agriculture regulated pollution shall apply to those facilities identified in
subsections (b) and (c) of this Section. With regard to the maximum feasible
location requirements, any reference to a setback distance in the rules
under the Illinois Environmental Protection Act shall mean the appropriate
distance as
set forth in this Section.
(e) Setback category shall be determined by the design capacity in animal
units of the livestock management
facility.
(f) Setbacks may be decreased when innovative designs as approved by the
Department are incorporated into the facility.
(g) A setback may be decreased when waivers are obtained from owners of
residences that are occupied and located in the setback area.
(Source: P.A. 91-110, eff. 7-13-99.)
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