Full Text of SB2251 101st General Assembly
SB2251 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2251 Introduced 4/12/2019, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
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Amends the Livestock Management Facilities Act. Provides that within 7
days after
receiving a form giving notice of intent to construct (1) 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, (2) a livestock waste management facility or livestock
waste handling facility
that does propose to utilize a lagoon, or (3) any livestock management facility or livestock waste handling facility that proposes to increase its animal unit capacity or waste handling facility capacity to serve additional animal units, the Department of Agriculture shall send a copy of the
notice form to the
county board of the county in which the facility is to be located and any municipalities located within 1.5 miles of the facility and shall
publish a public notice in
a newspaper of general circulation within the county. Provides that after receiving a copy
of the notice form
from the Department, the county board or a municipality located within 1.5 miles of the facility may, at its discretion and within 30 days
after receipt of
the notice, request that the Department conduct an informational meeting
concerning the
proposed construction Provides that if a county does not request a meeting, but multiple municipal entities do, the location of the meeting shall be determined by the Department to be conducive to all interested entities. Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Livestock Management Facilities Act is | 5 | | amended by changing Section 12 as follows:
| 6 | | (510 ILCS 77/12)
| 7 | | Sec. 12. Public informational meeting; lagoons and | 8 | | non-lagoon structures.
| 9 | | (a) Beginning on the effective date of this amendatory Act | 10 | | of 1999, within 7
days after
receiving a form giving notice of | 11 | | intent to construct (i) a new livestock
management facility or
| 12 | | livestock waste handling facility serving 1,000 or more animal | 13 | | units that does
not propose to
utilize a lagoon , or (ii) a | 14 | | livestock waste management facility or livestock
waste | 15 | | handling facility
that does propose to utilize a lagoon, or | 16 | | (iii) any livestock management facility or livestock waste | 17 | | handling facility that proposes to increase its animal unit | 18 | | capacity or waste handling facility capacity to serve | 19 | | additional animal units, the Department shall send a copy of | 20 | | the
notice form to the
county board of the county in which the | 21 | | facility is to be located and any municipalities located within | 22 | | 1.5 miles of the facility and shall
publish a public notice in
| 23 | | a newspaper of general circulation within the county. After |
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| 1 | | receiving a copy
of the notice form
from the Department, the | 2 | | county board or a municipality located within 1.5 miles of the | 3 | | facility may, at its discretion and within 30 days
after | 4 | | receipt of
the notice, request that the Department conduct an | 5 | | informational meeting
concerning the
proposed construction | 6 | | that is subject to this Section. In addition, during the
| 7 | | county's or municipality's 30-day
review period, county or | 8 | | municipal residents may petition the county board of the county
| 9 | | where the proposed
new facility will be located or the | 10 | | municipality located within 1.5 miles of where the proposed | 11 | | facility will be located to request that the Department conduct | 12 | | an
informational meeting.
When petitioned by 75 or more of the | 13 | | county's or municipality's residents who are registered
| 14 | | voters, the county
board or municipality shall request that the | 15 | | Department conduct an informational meeting. If
the county | 16 | | board
or municipality requests that the Department conduct the | 17 | | informational meeting, the Department
shall conduct
the | 18 | | informational meeting within 15 days of the county board's or | 19 | | municipality's request. If the
Department
conducts such a | 20 | | meeting, it shall cause notice of the meeting to be published
| 21 | | in a newspaper of
general circulation in the county and any | 22 | | municipality located within 1.5 miles of where the proposed | 23 | | facility will be located and in the State newspaper and shall | 24 | | send a
copy of the notice to the County Board and any | 25 | | municipality located within 1.5 miles of the proposed facility . | 26 | | Upon receipt of the notice, the County
Board or municipality |
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| 1 | | shall post the notice
on the public
informational board at the | 2 | | county courthouse at least 10 days before the
meeting. The | 3 | | owner or
operator who submitted the notice of intent to | 4 | | construct to the Department
shall appear at the
meeting. At the | 5 | | meeting, the Department shall afford members of the public an
| 6 | | opportunity to ask
questions and present oral or written | 7 | | comments concerning the proposed
construction. If a county and | 8 | | municipality both request informational meetings, one meeting | 9 | | shall be held at the county. If a county does not request a | 10 | | meeting, but multiple municipal entities do, the location of | 11 | | the meeting shall be determined by the Department to be | 12 | | conducive to all interested entities.
| 13 | | (b) The county board shall submit at the informational | 14 | | meeting or within 30
days following
the meeting an advisory, | 15 | | non-binding recommendation to the Department about the
| 16 | | proposed
new facility's construction in accordance with the | 17 | | applicable requirements of
this Act. The
advisory, non-binding | 18 | | recommendation shall contain at a minimum:
| 19 | | (1) a statement of whether the proposed facility | 20 | | achieves or fails to
achieve each
of the 8 siting criteria | 21 | | as outlined in subsection (d); and
| 22 | | (2) a statement of the information and criteria used by | 23 | | the county board
in
determining that the proposed facility | 24 | | met or failed to meet any of the
criteria
described in | 25 | | subsection (d).
| 26 | | (c) When the county board requests an informational |
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| 1 | | meeting, construction
shall not
begin until after the | 2 | | informational meeting has been held, the Department has
| 3 | | reviewed the
county board's recommendation and replied to the | 4 | | recommendation indicating if
the proposed
new livestock | 5 | | management facility or the new livestock waste handling | 6 | | facility
is or will be in
compliance with the requirements of | 7 | | the Act, and the owner, operator, or
certified manager and
| 8 | | operator has received the Department's notice that the setbacks | 9 | | and all
applicable requirements
of this Act have been met.
| 10 | | (d) At the informational meeting for the proposed facility, | 11 | | the Department
of
Agriculture
shall receive evidence by | 12 | | testimony or otherwise on the following subjects:
| 13 | | (1) Whether registration and livestock waste | 14 | | management plan certification
requirements, if required, | 15 | | are met by the notice of intent to construct.
| 16 | | (2) Whether the design, location, or proposed | 17 | | operation will protect the
environment
by being consistent | 18 | | with this Act.
| 19 | | (3) Whether the location minimizes any incompatibility | 20 | | with the
surrounding area's
character by being located in | 21 | | any area zoned for agriculture where the county
has zoning | 22 | | or where the county is not zoned, the setback requirements
| 23 | | established by this Act are complied with.
| 24 | | (4) Whether the facility is located within a 100-year | 25 | | floodplain or an
otherwise
environmentally sensitive area | 26 | | (defined as an area of karst area or with
aquifer
material |
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| 1 | | within 5 feet of the bottom of the livestock waste handling | 2 | | facility)
and
whether construction standards set forth in | 3 | | the notice of intent to construct
are
consistent with the | 4 | | goal of protecting the safety of the area.
| 5 | | (5) Whether the owner or operator has submitted plans | 6 | | for operation that
minimize
the likelihood of any | 7 | | environmental damage to the surrounding area from spills,
| 8 | | runoff, and leaching.
| 9 | | (6) Whether odor control plans are reasonable and | 10 | | incorporate reasonable
or
innovative odor reduction | 11 | | technologies given the current state of such
technologies.
| 12 | | (7) Whether traffic patterns minimize the effect on | 13 | | existing traffic
flows.
| 14 | | (8) Whether construction or modification of a new | 15 | | facility is consistent
with existing
community growth, | 16 | | tourism, recreation, or economic development or with | 17 | | specific
projects involving community growth, tourism, | 18 | | recreation, or economic
development that have been | 19 | | identified by government action for development or
| 20 | | operation within one year through compliance with | 21 | | applicable zoning and setback
requirements for populated | 22 | | areas as established by this Act.
| 23 | | (Source: P.A. 91-110, eff. 7-13-99.)
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