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90_HB2905
510 ILCS 77/17
Amends the Livestock Management Facilities Act concerning
financial responsibility. Makes a technical change.
LRB9010185PTsb
LRB9010185PTsb
1 AN ACT to amend the Livestock Management Facilities Act
2 by changing Section 17.
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 changing Section 17 as follows:
7 (510 ILCS 77/17)
8 (Text of Section before amendment by P.A. 90-565)
9 Sec. 17. Financial responsibility. Owners of new or
10 modified lagoons registered under the provisions of this Act
11 shall establish and maintain evidence of financial
12 responsibility to provide for the closure of the lagoons and
13 the proper disposal of their contents within the time
14 provisions outlined in this Act. Financial responsibility
15 may be evidenced by any combination of the following:
16 (1) Commercial or private insurance;
17 (2) Guarantee;
18 (3) Surety bond;
19 (4) Letter of credit;
20 (5) Certificate of Deposit or designated savings
21 account.
22 The level of surety required shall be determined by rule
23 and be based upon the volumetric capacity of the lagoon. By
24 January 1, 1997, the Department shall conduct a study of the
25 availability and cost of commercial surety instruments and
26 report its findings to the General Assembly for its
27 consideration and review. Surety instruments required under
28 this Section shall be required after the effective date of
29 rules adopted for the implementation of this Act.
30 (Source: P.A. 89-456, eff. 5-21-96.)
31 (Text of Section after amendment by P.A. 90-565)
-2- LRB9010185PTsb
1 Sec. 17. Financial responsibility; surety instrument.
2 Owners of new or modified lagoons registered under the
3 provisions of this Act shall establish and maintain evidence
4 of financial responsibility to provide for the closure of the
5 lagoons and the proper disposal of their contents within the
6 time provisions outlined in this Act. Financial
7 responsibility may be evidenced by any combination of the
8 following:
9 (1) Commercial or private insurance;
10 (2) Guarantee;
11 (3) Surety bond;
12 (4) Letter of credit;
13 (5) Certificate of Deposit or designated savings
14 account;
15 (6) Participation in a livestock waste lagoon closure
16 fund managed by the Illinois Farm Development Authority.
17 The level of surety required shall be determined by rule
18 and be based upon the volumetric capacity of the lagoon.
19 Surety instruments required under this Section shall be
20 required after the effective date of rules adopted for the
21 implementation of this Act.
22 (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
23 Section 95. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
25 text that is not yet or no longer in effect (for example, a
26 Section represented by multiple versions), the use of that
27 text does not accelerate or delay the taking effect of (i)
28 the changes made by this Act or (ii) provisions derived from
29 any other Public Act.