Current through Register Vol. 48, No. 38, September 20, 2024
a) The date the Department issues the
acknowledgment of setback compliance pursuant to Section
900.303(b)(3)
of this Part or notifies the owner or operator that all information has been
submitted pursuant to Section
900.303(c)(1)
of this Part establishes the base date for the determination of whether
residences, non-farm businesses, or common places of assembly exist for setback
purposes.
b) The setback period
shall begin on the base date. The setback period shall expire one year after
the establishment of the base date unless one or more of the following occurs:
1) A lagoon registration form, for
construction on the site, has been approved by the Department pursuant to
Subpart F of this Part, all applicable requirements of the Livestock Management
Facilities Act have been met, and construction has commenced;
2) A livestock waste handling facility
registration form, for facilities 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, is filed with
the Department, all applicable requirements of the Livestock Management
Facilities Act and this Part have been met, and construction of the livestock
management facility or livestock waste handling facility has commenced;
or
3) A livestock waste handling
facility construction plan, for facilities not subject to the public
informational meeting process as outlined in Section 12 of the Livestock
Management Facilities Act, is filed with the Department, all applicable
requirements of the Livestock Management Facilities Act and this Part have been
met, and construction of the livestock management facility or livestock waste
handling facility has commenced.
4)
The setback period shall not expire if a certification of compliance, prepared
in accordance with Section
900.506(a)
or Section
900.605(b)
of this Part, has been received and approved by the Department within 3 years
after the base date. The owner or operator may extend the 3 year setback period
by an additional 2 years by submitting a written request to the Department
prior to the expiration of the 3 year period. Within 15 days after receipt of
the written request by the Department, the Department shall notify the owner or
operator that the request has been granted.
c) If the Department determines that the
owner or operator has complied with the setback requirements and the provisions
of this Subpart, residences, non-farm businesses, or common places of assembly
established after the base date cannot operate to affect the setback as
initially determined subject to the limitation in subsection (b) of this
Section.
d) For the purposes of
this Subpart, "construction" means the commencement of on-site activities
including, but not limited to, foundation preparation, fabrication, erection,
or installation.
