94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2744


 
Introduced 1/20/2006, by Sen. Deanna Demuzio
 
SYNOPSIS AS INTRODUCED:
 		













415 ILCS 5/31.3 new











    Amends the Environmental Protection Act. Provides that  no person may bring a  civil suit based on  potential nuisance with respect to a proposed livestock management facility until all required federal, State, and local permits and approvals for the proposed facility have been granted. Provides that, from the time when all required federal, State, and local permits and approvals have been granted until animals are present and operations have actually begun at the proposed facility, it shall be presumed that a proposed livestock management facility can be lawfully operated in accordance with those permits. Includes related findings and declarations.  Effective immediately.
















LRB094 17492 RSP 52787 b

















 


 


A BILL FOR









 











SB2744

LRB094 17492 RSP 52787 b






1
    AN ACT concerning environmental protection.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Environmental Protection Act is amended  by 
5
adding Section 31.3 as follows:
 
6
    (415 ILCS 5/31.3  new)
7
    Sec. 31.3. Nuisance; livestock management facilities.

8
    (a)   The General Assembly finds and declares that the 
9
federal, State, and local governmental entities that have been 
10
empowered to regulate the siting, design, construction, and 
11
operation of a proposed livestock management facility are, with 
12
respect to the matters subject to their respective authorities, 
13
in the best possible position to determine whether the proposed 
14
facility is likely to create an actual or potential nuisance 
15
when sited, designed, constructed, and operated as authorized.
16
    (b) No person may bring a  civil suit based on  potential 
17
nuisance with respect to a proposed livestock management 
18
facility until all required federal, State, and local permits 
19
and approvals for the proposed facility (including without 
20
limitation any permits or approvals required under this Act, 
21
the Livestock Management Facilities Act,    or any applicable 
22
local siting approval, zoning, land use, or other requirements) 
23
have been granted.
24
    (c) In any civil suit based on  potential nuisance brought 
25
with respect to a proposed livestock management facility, from 
26
the time when all required federal, State, and local permits 
27
and approvals have been granted until animals are present and 
28
operations have actually begun at the proposed facility, it 
29
shall be presumed that the facility can be lawfully operated in 
30
accordance with those permits.
31
    (d) This Section does not limit:
32
        (1)  the authority of the Agency to  consider or 
 


 






SB2744
- 2 -
LRB094 17492 RSP 52787 b




1
    determine any matter or question relating to the siting, 
2
    design, construction, or operation of a proposed livestock 
3
    management facility;

4
        (2)  the right of any person to raise a question about 
5
    the likelihood of creating an actual or potential nuisance 
6
    while lawfully participating in a public hearing or permit 
7
    appeal process; or

8
        (3)  the right of any person to bring a civil suit based 
9
    on  actual or potential nuisance with respect to all or any 
10
    part of a  livestock management facility in actual 
11
    operation.

 

12
    Section 99. Effective date. This Act takes effect upon 
13
becoming law.