Current through Register Vol. 48, No. 38, September 20, 2024
a) Grandfather
provision: Facilities in existence prior to July 15, 1991. Livestock management
facilities and livestock waste handling facilities in existence prior to July
15, 1991 shall comply with setbacks in existence prior to July 15, 1991, as set
forth in the Illinois Environmental Protection Act and 35 Ill. Adm. Code
501.402.
[510
ILCS 77/35(a)]
b) Grandfather provision: Facilities in
existence on effective date and after July 15, 1991. Livestock management
facilities and livestock waste handling facilities in existence on May 21, 1996
(the effective date of the Livestock Management Facilities Act) but after July
15, 1991 shall comply with setbacks in existence prior to May 21, 1996, as set
forth in the Illinois Environmental Protection Act and 35 Ill. Adm. Code
501.402. [510
ILCS 77/35(b)]
c) New livestock management or livestock
waste handling facilities. Any new facility shall comply with the following
setbacks:
1) Residence: For purposes of
determining setback distances, minimum distances shall be measured from the
nearest corner of the residence to the nearest corner of the earthen waste
lagoon, livestock waste handling facility, or livestock management facility,
whichever is closer.
2) Common
Place of Assembly or Non-Farm Business: For the purposes of determining setback
distances between a common place of assembly or non-farm business:
A) When the primary activity at a common
place of assembly or non-farm business is an outdoor activity, minimum
distances shall be measured from the nearest corner of the earthen waste
lagoon, livestock waste handling facility, or livestock management facility to
the nearest point on the legal property line of the common place of assembly or
non-farm business.
B) When the
primary activity at a common place of assembly or non-farm business is not an
outdoor activity and is an indoor activity, minimum distances shall be measured
from the nearest corner of the earthen waste lagoon, livestock waste handling
facility, or livestock management facility to the nearest corner of the
structure where the indoor activity takes place.
3) A livestock management facility or
livestock waste handling facility serving less than 50 animal units shall be
exempt from setback distances as set forth in the Livestock Management
Facilities Act but shall be subject to rules promulgated under the Illinois
Environmental Protection Act.
4)
For a livestock management facility or waste handling facility serving 50 or
greater but less than 1,000 animal units, the minimum setback distance shall be
1/4 mile from the nearest occupied residence and 1/2 mile from the
nearest populated area.
5) For a
livestock management facility or livestock waste handling facility serving
1,000 or greater but less than 7,000 animal units, the setback is as follows:
A) For a populated area, the minimum setback
shall be increased 440 feet over the minimum setback of 1/2 mile for each
additional 1,000 animal units over 1,000 animal units.
B) For any occupied residence, the minimum
setback shall be increased 220 feet over the minimum setback of 1/4 mile
for each additional 1,000 animal units over 1,000 animal units.
6) For a livestock management
facility or livestock waste handling facility serving 7,000 or greater animal
units, the setback is as follows:
A) For a
populated area, the minimum setback shall be 1 mile.
B) For any occupied residence, the minimum
setback shall be 1/2 mile. [510
ILCS 77/35(c)]
d) Requirements governing the
location of a new livestock management facility and new livestock waste
handling facility and conditions for exemptions or compliance with the maximum
feasible location as provided in 35 Ill. Adm. Code
501.402
concerning agriculture related pollution shall apply to those facilities
identified in subsections (b) and (c) of this Section. With regard to the
maximum feasible location requirements, any reference to a setback distance in
35 Ill. Adm. Code
501.402
shall mean the appropriate distance as set forth in this Section.
[510
ILCS 77/35(d)]
e) Setback category for a livestock
management facility or livestock waste handling facility shall be determined by
the maximum design capacity in animal units of the livestock management
facility. [510
ILCS 77/35(e)] For the purposes of
this Subpart, the maximum design capacity of a livestock management facility
shall equal the summation of the maximum existing design capacity and the
maximum proposed design capacity, both expressed in animal units, of the
livestock management facilities not separated by greater than 1/4
mile.
f) Setbacks may be decreased
when innovative designs as approved by the Department are incorporated into the
facility. [510
ILCS 77/35(f)]
1) An owner or operator shall request a
setback decrease in writing prior to construction.
2) An owner or operator shall attach to the
request for decrease a certification by a Licensed Professional Engineer that
in the professional judgment of the Licensed Professional Engineer the
innovative designs incorporated into the facility will provide more odor
protection than the original setbacks.
3) The Department shall notify the owner or
operator of its determination within 30 days after the receipt of the request
for decrease. In approving a reduction in setbacks due to innovative designs,
the Department shall specifically find that such use of an innovative design
will provide more odor protection than the original setbacks.
4) Where the Department grants such a
decrease from the setbacks, the Department must maintain a file which includes
all supporting data and justification which it relied upon in making its
determination. This file is subject to public inspection.
g) A setback may be decreased when waivers
are obtained from owners of residences that are occupied and located in the
setback area. [510
ILCS 77/35(g)] A setback also may be
decreased when waivers are obtained from owners of non-farm businesses or
common places of assembly that are located in the setback area.
1) An owner or operator request for a setback
decrease shall be in writing and submitted to the Department prior to
construction.
2) An owner or
operator shall attach to the request copies of the written and notarized
waivers from all the owners of the residences, non-farm businesses, and common
places of assembly that are located within the setback area.
3) Within 30 days after receipt of the
request and waivers, the Department shall notify the owner or operator in
writing of the setback decrease.
4)
When such a decrease from the setbacks is requested, the Department must
maintain a file which includes all supporting data and justification concerning
the setback decrease. This file is subject to public inspection.
