Current through Register Vol. 48, No. 12, March 22, 2024
a) The notice of
intent to construct shall contain the following items:
1) A legal description of the land on which
the livestock facility will be constructed;
2) The names and addresses of the owners or
operators of the facility;
3) The
type and size of the facility;
4)
The existing, proposed, and total number of animal units at the
facility;
5) The names and
addresses of the owners, including local, State, and federal governments, of
the property located within the setback areas;
6) The distance to the nearest residence,
non-farm business, and common place of assembly as referenced in the definition
of "populated area" in Section
900.103 of
this Part;
7) A map or sketch
showing the proposed facility and setback areas, identifying within the
applicable setback areas all the residences, non-farm businesses, and common
places of assembly as referenced in the definition of "populated area" in
Section
900.103 of
this Part; and
8) A statement
identifying whether a request for decrease in setbacks, pursuant to Section
900.202(f) or
(g), has been sought and whether the request
has been granted or denied yet.
b) For livestock management or livestock
waste handling facilities that are not subject to the public informational
meeting process as outlined in Section 12 of the Livestock Management
Facilities Act [510 ILCS 77 ] and Subpart D of this Part, the following
procedures shall be followed:
1) Upon receipt
of the notice of intent to construct form, the Department shall review the
documents to determine if all information has been submitted or if
clarification is needed. The Department shall, within 15 calendar days after
receipt of a notice of intent to construct form, notify the owner or operator
that construction may begin, only after receipt and approval by the Department
of the construction plans pursuant to Subpart E of this Part, or that
clarification of the notice of intent to construct information is needed.
[510
ILCS 77/11(b) ]
2) The Department shall, within 15 calendar
days after receipt of the clarification information submitted pursuant to this
subsection or subsection (b)(1) of this Section, notify the owner or operator
that construction may begin only after receipt and approval by the Department
of the construction plans pursuant to Subpart E of this Part, or that
clarification of the notice of intent to construct information is
needed.
3) Within 15 calendar days
after receipt by the Department of information that completes the notice of
intent to construct form, the Department shall issue an acknowledgement of
setback compliance to the owner or operator if the Department has determined
that the owner or operator has complied with the setback and notice of intent
to construct requirements of this Part.
4) Within 10 calendar days after receipt of
the Department's acknowledgment pursuant to subsection (b)(3) of this Section,
the owner or operator shall mail by certified mail, return receipt requested, a
copy of the complete notice of intent to construct to the owners of the
property located within the setback areas. The owners of the property located
within the setback areas are presumed, unless established to the contrary, to
be the persons shown by the current tax collector's warrant book to be the
party in whose name the taxes were last assessed.
5) Construction shall not begin until the
acknowledgment of setback compliance has been issued by the Department to the
owner or operator pursuant to this Section, copies of the complete notice of
intent to construct form have been mailed to owners of property within the
setback areas, and construction plans for the livestock waste handling facility
have been approved by the Department.
c) For livestock management or livestock
waste handling facilities that are subject to the public informational meeting
process as outlined in Section 12 of the Livestock Management Facilities Act
[510
ILCS 77/12 ] and Subpart D of this Part, the following
procedures shall be followed:
1) Within 15
calendar days after receipt of a notice of intent to construct form by the
Department, the Department shall review the form and notify the owner or
operator that all information regarding the form has been submitted or that
clarification is needed. Upon receipt of any clarification information, the
Department shall, within 15 calendar days after receipt of the information,
review the information and notify the owner or operator that all information
has been submitted or that additional clarification is needed.
2) If a public informational meeting is not
held, the Department shall issue an acknowledgment of setback compliance to the
owner or operator within 10 calendar days after the expiration of the time
period for the county board to request a meeting pursuant to Section
900.403
of this Part if the Department has determined that the owner or operator has
complied with the setback and notice of intent to construct requirements of
this Part. If a public informational meeting is held, the Department shall
issue an acknowledgment of setback compliance to the owner or operator within
10 calendar days after receipt of the county board's recommendation pursuant to
Section
900.406
of this Part if the Department has determined that the owner or operator has
complied with the setback and notice of intent to construct requirements of
this part.
3) Within 10 calendar
days after notification by the Department to the owner or operator that all
information has been submitted pursuant to subsection (c)(1) of this Section,
the owner or operator of the proposed facility shall mail by certified mail,
return receipt requested, a copy of the complete notice of intent to construct
form to the owners of property located within the setback areas. The owners of
the property located within the setback distances are presumed, unless
established to the contrary, to be the persons shown by the current collector's
warrant book to be the party in whose name the taxes were last
assessed.
4) Construction shall not
commence until the acknowledgment of setback compliance has been issued by the
Department and the provisions set forth in Sections
900.407 and
900.409 of this Part
have been met.
5) Upon receipt of a
complete notice of intent to construct form or information that completes a
notice of intent to construct form, the Department shall provide notice to the
county board of the county which the facility is to be located and to the
public pursuant to Subpart D of this Part.