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(510 ILCS 77/11)
Sec. 11.
Filing notice of intent to construct and construction data;
registration of facilities.
(a) An owner or operator shall file a notice of intent to construct for a
livestock
management facility or livestock waste handling facility with the Department
prior to
construction to establish a base date, which shall be valid for one year, for
determination of setbacks in compliance with setback distances or, in the case
of
construction that is not a new facility, with the maximum feasible location
requirements of Section 35 of this Act.
(b) For a livestock waste handling facility that is not subject to Section
12
of this Act, a
construction plan of the waste handling structure with design specifications of
the
structure noted as prepared by or for the owner or operator shall be filed with
the
Department at least 10 calendar days prior to the anticipated dates of
construction.
Upon receipt of the notice of intent to construct form or the construction
plan, the
Department shall review the documents to determine if all information has been
submitted or if clarification is needed. The Department shall, within 15
calendar days
of receipt of a notice of intent to construct or the construction plan, notify
the owner or
operator that construction may begin or that clarification is needed.
(c) For a livestock waste handling facility that is subject to Section 12 of
this Act, a
completed registration shall be filed with the Department at least 37 calendar
days
prior to the anticipated dates of construction. The registration shall include
the
following: (i) the name and address of the owner and operator of the livestock
waste
handling facility; (ii) a general description of the livestock waste handling
structure
and the type and number of the animal units of livestock it serves; (iii) the
construction plan of the waste handling structure with design specifications of
the
structure noted as prepared by or for the owner or operator, and (iv)
anticipated dates
of construction. The Department shall, within 15 calendar days of receipt of
the
registration form, notify the person submitting the form that the registration
is
complete or that clarification information is needed.
(d) Any owner or operator who fails to file a notice of intent to construct
form or
construction plans with the Department prior to commencing construction, upon
being
discovered by the Department, shall be subject to an administrative hearing by the
Department. The administrative law judge, upon determination of a failure to file the
appropriate form, shall impose a civil administrative penalty in an amount no more
than $1,000 and shall enter an administrative order directing that the owner or
operator file the appropriate form within 10 business days after receiving notice from
the Department. If, after receiving the administrative law judge's order to file, the
owner or operator fails to file the appropriate form with the Department, the
Department shall impose a civil administrative penalty in an amount no less than
$1,000 and no more than $2,500 and shall enter an administrative order
prohibiting
the operation of the facility until the owner or operator is in compliance with
this Act.
Penalties under this subsection (d) not paid within 60 days of notice from the
Department shall be submitted to the Attorney General's office or an approved
private collection agency.
(Source: P.A. 91-110, eff. 7-13-99.)
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