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91_HB1378
LRB9103359DHmg
1 AN ACT to amend the Livestock Management Facilities Act.
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 Sections 5, 10.60, and 35, and adding
6 Section 8 as follows:
7 (510 ILCS 77/5)
8 Sec. 5. Policy.
9 (a) The General Assembly finds the following:
10 (1) Enhancements to the current regulations dealing
11 with livestock production facilities are needed.
12 (2) The livestock industry is experiencing rapid
13 changes as a result of many different occurrences within
14 the industry including increased sophistication of
15 production technology, increased demand for capital to
16 maintain or expand operations, and changing consumer
17 demands for a quality product.
18 (3) The livestock industry represents a major
19 economic activity in the Illinois economy.
20 (4) The trend toward is for larger concentration of
21 animals at a livestock management facility due to various
22 market forces has caused rapid over-expansion in the
23 industry, and cash prices for some livestock have fallen
24 to Depression-era levels, resulting in a loss of many
25 family farm operations.
26 (5) Current regulation of the operation and
27 management of livestock production is adequate for
28 today's industry with a few modifications.
29 (6) Due to the increasing numbers of animals at a
30 livestock management facility, there is a potential for
31 greater impacts on the immediate area.
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1 (7) Livestock waste lagoons must be constructed
2 according to standards to maintain structural integrity
3 and to protect groundwater.
4 (8) Since a majority of odor complaints result from
5 manure application, livestock producers must be provided
6 with an educational program that will enhance neighbor
7 awareness and their environmental management skills,
8 with emphasis on management of livestock wastes.
9 (b) Therefore, it is the policy of the State of Illinois
10 to maintain a sustainable an economically viable livestock
11 industry in the State of Illinois while protecting the small
12 to medium family farm operation to environment for the
13 benefit of both the livestock producer and the persons who
14 live in the vicinity of a livestock production facility.
15 (c) Notwithstanding any other provisions of this Act or
16 any other provision of law, if any new facility as defined in
17 Section 10.45 of 500 or more animal units has not commenced
18 operations before the effective date of this amendatory Act
19 of the 91st General Assembly, then no construction may be
20 commenced or continued and no operations may be commenced
21 with respect to that facility for 2 years from the effective
22 date of this amendatory Act of the 91st General Assembly or
23 until such time as the Illinois General Assembly has passed
24 legislation strengthening the Livestock Management Facilities
25 Act, that legislation has been signed in to law, and rules
26 have been written.
27 (d) Notwithstanding any other provision of this Act or
28 any other provision of law, if any new facility as defined in
29 Section 10.45 (regardless of whether it is classified as a
30 new facility before or after expansion) has commenced
31 operations before the effective date of this amendatory Act
32 of the 91st General Assembly, then no expansion of that
33 facility may be commenced or continued and no operations may
34 be commenced with respect to the expansion of that facility
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1 if, either before or after the expansion, it is or will be a
2 new facility of 500 or more animal units, for 2 years from
3 the effective date of this amendatory Act of the 91st General
4 Assembly or until such time as the Illinois General Assembly
5 has passed legislation strengthening the Livestock Management
6 Facilities Act, that legislation has been signed into law,
7 and rules have been written.
8 (Source: P.A. 89-456, eff. 5-21-96.)
9 (510 ILCS 77/8 new)
10 Sec. 8. Moratorium.
11 (a) Notwithstanding any other provisions of this Act or
12 any other provision of law, if any new facility as defined in
13 Section 10.45 of 500 or more animal units has not commenced
14 operations before the effective date of this amendatory Act
15 of the 91st General Assembly, then no construction may be
16 commenced or continued and no operations may be commenced
17 with respect to that facility for 2 years from the effect
18 date of this amendatory Act of the 91st General Assembly, or
19 until such time as the Illinois General Assembly has passed
20 legislation strengthening the Livestock Management Facilities
21 Act, that legislation has been signed into law, and rules
22 have been written.
23 (b) Notwithstanding any other provision of this Act or
24 any other provision of law, if any new facility as defined in
25 Section 10.45 (regardless of whether it is classified as a
26 new facility before or after expansion) has commenced
27 operations before the effective date of this amendatory Act
28 of the 91st General Assembly, then no expansion of that
29 facility may be commenced or continued and no operations may
30 be commenced with respect to the expansion of that facility
31 if, either before or after the expansion, it is or will be a
32 new facility of 500 or more animal units, for 2 years from
33 the effective date of this amendatory Act of the 91st General
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1 Assembly or until such time as the Illinois General Assembly
2 has passed legislation strengthening the Livestock Management
3 Facilities Act, that legislation has been and signed into
4 law, and rules have been written.
5 (510 ILCS 77/10.60)
6 Sec. 10.60. Populated area. "Populated area" means any
7 area where at least 10 inhabited non-farm residences are
8 located or where at least an average of 50 persons frequent a
9 common place of assembly or a non-farm business at least once
10 per week. "Populated area" includes a large outdoor area,
11 defined by real property boundaries, that is used for
12 recreation, education, or similar purposes.
13 (Source: P.A. 89-456, eff. 5-21-96.)
14 (510 ILCS 77/35)
15 Sec. 35. Setbacks for livestock management and livestock
16 handling facilities.
17 (a) Grandfather provision; facilities in existence prior
18 to July 15, 1991. Livestock management facilities and
19 livestock waste handling facilities in existence prior to
20 July 15, 1991 shall comply with setbacks in existence prior
21 to July 15, 1991, as set forth in the Illinois Environmental
22 Protection Act and rules promulgated under that Act.
23 (b) Grandfather provision; facilities in existence on
24 effective date and after July 15, 1991.
25 (1) Subject to paragraph (2), livestock management
26 facilities and livestock waste handling facilities in
27 existence on the effective date of this Act but after
28 July 15, 1991 shall comply with setbacks in existence
29 prior to the effective date of this Act, as set forth in
30 the Illinois Environmental Protection Act and rules
31 promulgated under that Act.
32 (2) The Department of Agriculture shall be directed
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1 to contact the owners and operators of all livestock
2 management or waste handling facilities having filed
3 intents to construct or lagoon registrations since June
4 1, 1998 to determine the stage of construction these
5 facilities have reached. Facilities that have begun
6 construction that includes concrete pouring shall comply
7 with the setbacks as in effect at the time their intents
8 to construct were filed. Facilities that have only
9 moved dirt or have not begun construction shall be
10 required to comply with the setbacks established in this
11 Act.
12 (c) New livestock management or livestock waste handling
13 facilities. Any new facility shall comply with the following
14 setbacks:
15 (1) For purposes of determining setback distances,
16 minimum distances shall be measured from the nearest
17 corner of the livestock management or waste handling
18 facility to the nearest property line of the residence or
19 place of common assembly to the nearest corner of the
20 earthen waste lagoon or livestock management facility,
21 whichever is closer.
22 (2) A livestock management facility or livestock
23 waste handling facility serving less than 50 or fewer
24 animal units shall be exempt from setback distances as
25 set forth in this Act but shall be subject to rules
26 promulgated under the Illinois Environmental Protection
27 Act.
28 (3) For a livestock management facility or waste
29 handling facility serving more than 50 or greater but
30 fewer less than 300 1,000 animal units, the minimum
31 setback distance shall be 1/4 mile from the nearest
32 occupied non-farm residence and 1/2 mile from the nearest
33 populated area.
34 (4) For livestock management or waste handling
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1 facilities whose maximum design capacity is greater than
2 300 animal units up to 1,000 animal units, the minimum
3 set back is 1/2 mile from any residence and 2 miles from
4 a populated area.
5 (5) For livestock management and waste handling
6 facilities with a maximum design capacity of 1,001 animal
7 units or greater, the setback distance shall be increased
8 220 feet over the minimum setback of 1/2 mile for each
9 additional 1,000 animal units or portion thereof up to
10 5,000 animal units from a residence and 440 feet from a
11 minimum setback of 2 miles from a populated area.
12 (6) For residents with special respiratory
13 problems, the minimum setback shall be one mile.
14 (7) For a livestock management or waste handling
15 facility with a maximum design capacity of 5,001 animal
16 units or greater, the minimum setback of 1/2 mile shall
17 be increased one foot for each animal unit over 1,000.
18 (8) A setback may be decreased when waivers are
19 obtained from owners of residences located in the setback
20 area.
21 (9) For a new livestock management facility or
22 livestock waste handling facility with a maximum design
23 capacity of 500 animal units or more, the minimum setback
24 from any surface water shall be at least 1/4 mile.
25 (4) For a livestock management facility or
26 livestock waste handling facility serving 1,000 or
27 greater but less than 7,000 animal units, the setback is
28 as follows:
29 (A) For a populated area, the minimum setback
30 shall be increased 440 feet over the minimum setback
31 of 1/2 mile for each additional 1,000 animal units
32 over 1,000 animal units.
33 (B) For any occupied residence, the minimum
34 setback shall be increased 220 feet over the minimum
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1 setback of 1/4 mile for each additional 1,000 animal
2 units over 1,000 animal units.
3 (5) For a livestock management facility or
4 livestock waste handling facility serving 7,000 or
5 greater animal units, the setback is as follows:
6 (A) For a populated area, the minimum setback
7 shall be 1 mile.
8 (B) For any occupied residence, the minimum
9 setback shall be 1/2 mile.
10 (d) Requirements governing the location of a new
11 livestock management facility and new livestock
12 waste-handling facility and conditions for exemptions or
13 compliance with the maximum feasible location as provided in
14 rules adopted pursuant to the Illinois Environmental
15 Protection Act concerning agriculture regulated pollution
16 shall apply to those facilities identified in subsections (b)
17 and (c) of this Section. With regard to the maximum feasible
18 location requirements, any reference to a setback distance in
19 the rules under the Illinois Environmental Protection Act
20 shall mean the appropriate distance as set forth in this
21 Section.
22 (e) Setback category shall be determined by the design
23 capacity in animal units of the livestock management
24 facility.
25 (f) Setbacks may be decreased when innovative designs as
26 approved by the Department are incorporated into the
27 facility.
28 (g) A setback may be decreased when waivers are obtained
29 from owners of residences that are occupied and located in
30 the setback area.
31 (Source: P.A. 89-456, eff. 5-21-96.)
32 Section 999. Effective date. This Act takes effect upon
33 becoming law.