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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1199
LRB9102177LDmbA
1 AN ACT to amend the Livestock Management Facilities Act
2 by adding Section 12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Livestock Management Facilities Act is
6 amended by adding Section 12 as follows:
7 (510 ILCS 77/12 new)
8 Sec. 12. Public informational meeting.
9 (a) Beginning on the effective date of this amendatory
10 Act of 1999, within 7 days after receiving a form giving
11 notice of intent to construct a new livestock management
12 facility or livestock waste handling facility serving 1,000
13 or more animal units, the Department shall send a copy of the
14 notice form to the county board of the county in which the
15 facility is or will be located. After receiving a copy of
16 the notice from the Department, the county board may, at its
17 discretion and within 30 days after receipt of the notice,
18 request that the Department conduct an informational meeting
19 concerning the proposed construction. During the county's
20 30-day review period, county residents may petition the
21 county board of the county where the proposed new facility
22 will be located to request that the Department conduct an
23 informational meeting. When petitioned by 75 or more of the
24 county's residents who are registered voters, the county
25 board shall request that the Department conduct an
26 informational meeting. If the county board requests that the
27 Department conduct the informational meeting, the Department
28 shall conduct the informational meeting within 15 days of the
29 county board's request. If the Department conducts such a
30 meeting, it shall cause notice of the meeting to be published
31 in a newspaper of general circulation in the county or in the
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1 State newspaper at least 10 days before the meeting. The
2 owner or operator who submitted the notice of intent to
3 construct to the Department shall appear at the meeting. At
4 the meeting, the Department shall afford members of the
5 public an opportunity to ask questions and present oral or
6 written comments concerning the proposed construction. The
7 county board shall submit at the informational meeting or
8 within 30 days following the meeting an advisory, non-binding
9 recommendation to the Department about the proposed new
10 facility's construction in accordance with the applicable
11 requirements of this Act.
12 (b) When the county board requests an informational
13 meeting, construction shall not begin until after the
14 informational meeting has been held, the Department has
15 reviewed the county board's recommendation and replied to the
16 recommendation indicating if the proposed new livestock
17 management facility or new livestock waste handling facility
18 is or will be in compliance with the requirements of the Act,
19 and the owner, operator, or certified manager and operator
20 has received the Department's notice that the setbacks and
21 all applicable requirements of this Act have been met.
22 (c) At the informational meeting the Department of
23 Agriculture shall receive evidence by testimony or otherwise
24 on the following subjects:
25 (1) Whether registration and livestock waste
26 management plan certification requirements, if required,
27 are met by the notice of intent to construct.
28 (2) Whether the design, location, or proposed
29 operation will protect the environment by being
30 consistent with this Act.
31 (3) Whether the location minimizes any
32 incompatibility with the surrounding area's character by
33 being located in an area zoned for agriculture where the
34 county has zoning or where the county is not zoned, the
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1 setback requirements established by this Act are complied
2 with.
3 (4) If the facility is located within a 100-year
4 floodplain or an otherwise environmentally sensitive area
5 (defined as an area of karst topography or with aquifer
6 material within 5 feet of the bottom of the livestock
7 waste handling facility), whether construction standards
8 set forth in the notice of intent to construct are
9 consistent with the goal of protecting the safety of the
10 area.
11 (5) Whether the owner or operator has submitted an
12 operations plan that minimizes the likelihood of any
13 environmental damage to the surrounding area from spills,
14 runoff, and leaching.
15 (6) Whether odor control plans are reasonable and
16 incorporate reasonable or innovative odor reduction
17 technologies given the current state of such
18 technologies.
19 (7) Whether traffic patterns minimize the effect on
20 existing traffic flows.
21 (8) Whether construction or modification of a new
22 facility is consistent with existing community growth,
23 tourism, recreation, or economic development or with
24 specific projects involving community growth, tourism,
25 recreation, or economic development that have been
26 identified by government action for development or
27 operation within one year through compliance with
28 applicable zoning and setback requirements for populated
29 areas as established by this Act.
30 (d) If, after the informational meeting and the
31 provision of reasonable time for a response from the
32 applicant or the county board, the Department finds that,
33 more likely than not, the standards set forth in subsection
34 (c) have been met by the applicant, within 15 days of the
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1 later filing of the response of the applicant or county board
2 the Department shall notify the applicant that setbacks and
3 all applicable requirements of the Act have been met and
4 construction may proceed. The Department shall file a copy
5 of such notice with the county.
6 (e) If a livestock waste lagoon is to be constructed as
7 a component of the livestock management facility under
8 subsection (a) of this Section, a public informational
9 meeting held pursuant to subsection (a) of this Section shall
10 satisfy the requirements of Section 15(b-5) of this Act.
11 (f) In the event that the owner or operator of a
12 proposed livestock management facility or livestock waste
13 handling facility modifies the facility plans by the proposed
14 addition of a livestock waste lagoon, the Department shall
15 notify the county board, which may exercise its option of a
16 public informational meeting pursuant to Section 15(b-5) of
17 this Act.