Bill Text: IL SB3042 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the Livestock Management Facilities Act. Provides that it is unlawful to use or create livestock waste lagoons; makes conforming changes. Repeals provisions concerning the standards for livestock waste lagoon construction. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - Referred to Assignments [SB3042 Detail]

Download: Illinois-2021-SB3042-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3042 Introduced 1/5/2022, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
510 ILCS 77/5
510 ILCS 77/12
510 ILCS 77/15.1 new
510 ILCS 77/15 rep.
Amends the Livestock Management Facilities Act. Provides that it is unlawful to use or create livestock waste lagoons; makes conforming changes. Repeals provisions concerning the standards for livestock waste lagoon construction. Effective immediately.
LRB102 22815 CMG 31965 b
A BILL FOR
SB3042 LRB102 22815 CMG 31965 b
AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Livestock Management Facilities Act is
amended by changing Sections 5 and 12 and by adding Section
15.1 as follows:
(510 ILCS 77/5)
Sec. 5. Policy.
(a) The General Assembly finds the following:
(1) Enhancements to the current regulations dealing
with livestock production facilities are needed.
(2) The livestock industry is experiencing rapid
changes as a result of many different occurrences within
the industry including increased sophistication of
production technology, increased demand for capital to
maintain or expand operations, and changing consumer
demands for a quality product.
(3) The livestock industry represents a major economic
activity in the Illinois economy.
(4) The trend is for larger concentration of animals
at a livestock management facility due to various market
forces.
(5) Current regulation of the operation and management

SB3042 - 2 - LRB102 22815 CMG 31965 b
of livestock production is adequate for today's industry
with a few modifications.
(6) Due to the increasing numbers of animals at a
livestock management facility, there is a potential for
greater impacts on the immediate area.
(7) The creation or use of livestock waste lagoons is
against the public policy of this State. Livestock waste
lagoons must be constructed according to standards to
maintain structural integrity and to protect groundwater.
(8) Since a majority of odor complaints result from
manure application, livestock producers must be provided
with an educational program that will enhance neighbor
awareness and their environmental management skills, with
emphasis on management of livestock wastes.
(b) Therefore, it is the policy of the State of Illinois to
maintain an economically viable livestock industry in the
State of Illinois while protecting the environment for the
benefit of both the livestock producer and persons who live in
the vicinity of a livestock production facility.
(Source: P.A. 89-456, eff. 5-21-96.)
(510 ILCS 77/12)
Sec. 12. Public informational meeting; lagoons and
non-lagoon structures.
(a) Beginning on the effective date of this amendatory Act
of 1999, within 7 days after receiving a form giving notice of

SB3042 - 3 - LRB102 22815 CMG 31965 b
intent to construct (i) 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 or (ii) a
livestock waste management facility or livestock waste
handling facility that does propose to utilize a lagoon, the
Department shall send a copy of the notice form to the county
board of the county in which the facility is to be located and
shall publish a public notice in a newspaper of general
circulation within the county. After receiving a copy of the
notice form from the Department, the county board 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 that is subject to this
Section. In addition, during the county's 30-day review
period, county residents may petition the county board of the
county where the proposed new facility will be located to
request that the Department conduct an informational meeting.
When petitioned by 75 or more of the county's residents who are
registered voters, the county board shall request that the
Department conduct an informational meeting. If the county
board requests that the Department conduct the informational
meeting, the Department shall conduct the informational
meeting within 15 days of the county board's request. If the
Department conducts such a meeting, it shall cause notice of
the meeting to be published in a newspaper of general
circulation in the county and in the State newspaper and shall

SB3042 - 4 - LRB102 22815 CMG 31965 b
send a copy of the notice to the County Board. Upon receipt of
the notice, the County Board shall post the notice on the
public informational board at the county courthouse at least
10 days before the meeting. The owner or operator who
submitted the notice of intent to construct to the Department
shall appear at the meeting. At the meeting, the Department
shall afford members of the public an opportunity to ask
questions and present oral or written comments concerning the
proposed construction.
(b) The county board shall submit at the informational
meeting or within 30 days following the meeting an advisory,
non-binding recommendation to the Department about the
proposed new facility's construction in accordance with the
applicable requirements of this Act. The advisory, non-binding
recommendation shall contain at a minimum:
(1) a statement of whether the proposed facility
achieves or fails to achieve each of the 8 siting criteria
as outlined in subsection (d); and
(2) a statement of the information and criteria used
by the county board in determining that the proposed
facility met or failed to meet any of the criteria
described in subsection (d).
(c) When the county board requests an informational
meeting, construction shall not begin until after the
informational meeting has been held, the Department has
reviewed the county board's recommendation and replied to the

SB3042 - 5 - LRB102 22815 CMG 31965 b
recommendation indicating if the proposed new livestock
management facility or the new livestock waste handling
facility is or will be in compliance with the requirements of
the Act, and the owner, operator, or certified manager and
operator has received the Department's notice that the
setbacks and all applicable requirements of this Act have been
met.
(d) At the informational meeting for the proposed
facility, the Department of Agriculture shall receive evidence
by testimony or otherwise on the following subjects:
(1) Whether registration and livestock waste
management plan certification requirements, if required,
are met by the notice of intent to construct.
(2) Whether the design, location, or proposed
operation will protect the environment by being consistent
with this Act.
(3) Whether the location minimizes any incompatibility
with the surrounding area's character by being located in
any area zoned for agriculture where the county has zoning
or where the county is not zoned, the setback requirements
established by this Act are complied with.
(4) Whether the facility is located within a 100-year
floodplain or an otherwise environmentally sensitive area
(defined as an area of karst area or with aquifer material
within 5 feet of the bottom of the livestock waste
handling facility) and whether construction standards set

SB3042 - 6 - LRB102 22815 CMG 31965 b
forth in the notice of intent to construct are consistent
with the goal of protecting the safety of the area.
(5) Whether the owner or operator has submitted plans
for operation that minimize the likelihood of any
environmental damage to the surrounding area from spills,
runoff, and leaching.
(6) Whether odor control plans are reasonable and
incorporate reasonable or innovative odor reduction
technologies given the current state of such technologies.
(7) Whether traffic patterns minimize the effect on
existing traffic flows.
(8) Whether construction or modification of a new
facility is consistent with existing community growth,
tourism, recreation, or economic development or with
specific projects involving community growth, tourism,
recreation, or economic development that have been
identified by government action for development or
operation within one year through compliance with
applicable zoning and setback requirements for populated
areas as established by this Act.
(Source: P.A. 91-110, eff. 7-13-99.)
(510 ILCS 77/15.1 new)
Sec. 15.1. Livestock waste lagoons prohibited. In addition
to the prohibitions under any other law, it shall be unlawful
to use or create livestock waste lagoons.

SB3042 - 7 - LRB102 22815 CMG 31965 b
(510 ILCS 77/15 rep.)
Section 10. The Livestock Management Facilities Act is
amended by repealing Section 15.
Section 99. Effective date. This Act takes effect upon
becoming law.