Bill Text: IL SB2251 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2251 Detail]

Download: Illinois-2019-SB2251-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2251

Introduced 4/12/2019, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:
510 ILCS 77/12

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,
3represented in the General Assembly:
4 Section 5. The Livestock Management Facilities Act is
5amended by changing Section 12 as follows:
6 (510 ILCS 77/12)
7 Sec. 12. Public informational meeting; lagoons and
8non-lagoon structures.
9 (a) Beginning on the effective date of this amendatory Act
10of 1999, within 7 days after receiving a form giving notice of
11intent to construct (i) a new livestock management facility or
12livestock waste handling facility serving 1,000 or more animal
13units that does not propose to utilize a lagoon, or (ii) a
14livestock waste management facility or livestock waste
15handling facility that does propose to utilize a lagoon, or
16(iii) any livestock management facility or livestock waste
17handling facility that proposes to increase its animal unit
18capacity or waste handling facility capacity to serve
19additional animal units, the Department shall send a copy of
20the notice form to the county board of the county in which the
21facility is to be located and any municipalities located within
221.5 miles of the facility and shall publish a public notice in
23a newspaper of general circulation within the county. After

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1receiving a copy of the notice form from the Department, the
2county board or a municipality located within 1.5 miles of the
3facility may, at its discretion and within 30 days after
4receipt of the notice, request that the Department conduct an
5informational meeting concerning the proposed construction
6that is subject to this Section. In addition, during the
7county's or municipality's 30-day review period, county or
8municipal residents may petition the county board of the county
9where the proposed new facility will be located or the
10municipality located within 1.5 miles of where the proposed
11facility will be located to request that the Department conduct
12an informational meeting. When petitioned by 75 or more of the
13county's or municipality's residents who are registered
14voters, the county board or municipality shall request that the
15Department conduct an informational meeting. If the county
16board or municipality requests that the Department conduct the
17informational meeting, the Department shall conduct the
18informational meeting within 15 days of the county board's or
19municipality's request. If the Department conducts such a
20meeting, it shall cause notice of the meeting to be published
21in a newspaper of general circulation in the county and any
22municipality located within 1.5 miles of where the proposed
23facility will be located and in the State newspaper and shall
24send a copy of the notice to the County Board and any
25municipality located within 1.5 miles of the proposed facility.
26Upon receipt of the notice, the County Board or municipality

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1shall post the notice on the public informational board at the
2county courthouse at least 10 days before the meeting. The
3owner or operator who submitted the notice of intent to
4construct to the Department shall appear at the meeting. At the
5meeting, the Department shall afford members of the public an
6opportunity to ask questions and present oral or written
7comments concerning the proposed construction. If a county and
8municipality both request informational meetings, one meeting
9shall be held at the county. If a county does not request a
10meeting, but multiple municipal entities do, the location of
11the meeting shall be determined by the Department to be
12conducive to all interested entities.
13 (b) The county board shall submit at the informational
14meeting or within 30 days following the meeting an advisory,
15non-binding recommendation to the Department about the
16proposed new facility's construction in accordance with the
17applicable requirements of this Act. The advisory, non-binding
18recommendation 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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1meeting, construction shall not begin until after the
2informational meeting has been held, the Department has
3reviewed the county board's recommendation and replied to the
4recommendation indicating if the proposed new livestock
5management facility or the new livestock waste handling
6facility is or will be in compliance with the requirements of
7the Act, and the owner, operator, or certified manager and
8operator has received the Department's notice that the setbacks
9and all applicable requirements of this Act have been met.
10 (d) At the informational meeting for the proposed facility,
11the Department of Agriculture shall receive evidence by
12testimony 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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