SB2744 Engrossed

LRB094 17492 RSP 52787 b






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    AN ACT concerning environmental protection.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Environmental Protection Act is amended  by 
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adding Section 31.3 as follows:
 
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    (415 ILCS 5/31.3  new)
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    Sec. 31.3. Nuisance; livestock management facilities.

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    (a)   The General Assembly finds and declares that the 
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federal, State, and local governmental entities that have been 
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empowered to regulate the siting, design, construction, and 
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operation of a proposed livestock management facility are, with 
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respect to the matters subject to their respective authorities, 
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in the best possible position to determine whether the proposed 
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facility is likely to create an actual or potential nuisance 
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when sited, designed, constructed, and operated as authorized.
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    (b) No person may bring a  civil suit based on  potential 
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nuisance with respect to a proposed livestock management 
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facility until all required federal, State, and local permits 
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and approvals for the proposed facility (including without 
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limitation any permits or approvals required under this Act, 
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the Livestock Management Facilities Act,    or any applicable 
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local siting approval, zoning, land use, or other requirements) 
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have been granted.
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    (c) In any civil suit based on  potential nuisance brought 
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with respect to a proposed livestock management facility, from 
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the time when all required federal, State, and local permits 
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and approvals have been granted until animals are present and 
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operations have actually begun at the proposed facility, it 
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shall be presumed that the facility can be lawfully operated in 
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accordance with those permits.
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    (d) This Section does not limit:
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        (1)  the authority of the Agency to  consider or 
 


 






SB2744 Engrossed
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LRB094 17492 RSP 52787 b




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    determine any matter or question relating to the siting, 
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    design, construction, or operation of a proposed livestock 
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    management facility;

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        (2)  the right of any person to raise a question about 
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    the likelihood of creating an actual or potential nuisance 
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    while lawfully participating in a public hearing or permit 
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    appeal process; or

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        (3)  the right of any person to bring a civil suit based 
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    on  actual or potential nuisance with respect to all or any 
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    part of a  livestock management facility in actual 
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    operation.

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.