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90_HB3770
225 ILCS 610/17 from Ch. 8, par. 165
510 ILCS 77/10.30
510 ILCS 77/10.40
510 ILCS 77/10.60
510 ILCS 77/35
Amends the Dead Animal Disposal Act to provide that a
composting site under the Livestock Management Facilities Act
shall be located at least one-quarter mile from the nearest
residence (now occupied residence). Amends the Livestock
Management Facilities Act. Provides that 2 or more livestock
management facilities or livestock waste handling facilities
under common ownership that are adjacent (now separated by
one-quarter mile or less) shall be considered a single
facility. Provides that a "populated area" includes a large
outdoor area used for education or recreation, areas where at
least 10 inhabited farm or non-farm (now non-farm) residences
are located, or certain places where at least an average of
50 persons (now at least 50 persons) frequent. Increases the
minimum setbacks from populated areas or residences for
livestock management facilities or livestock waste handling
facilities. Provides that facilities serving less than 300
(now 50) animal units shall be exempt from the setback
requirements. Makes other changes. Effective immediately.
LRB9010182PTbdA
LRB9010182PTbdA
1 AN ACT concerning livestock facilities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Dead Animal Disposal Act is
5 amended by changing Section 17 as follows:
6 (225 ILCS 610/17) (from Ch. 8, par. 165)
7 (Text of Section before amendment by P.A. 90-565)
8 Sec. 17. No person caring for, acting as an agent for
9 the owner of or owning any animal, poultry or fish which has
10 died shall allow the body or parts of the body to lie about
11 the premises. Such body or parts of the body shall be
12 disposed of within 24 hours after death as prescribed by
13 regulations of the Department. The Department may prohibit
14 the hauling or transportation of the body of any animal,
15 poultry or fish which has died of a highly contagious,
16 infectious or communicable disease and may specify the method
17 of disposal.
18 The owner, operator, caretaker or animal collection
19 service may dispose of bodies of dead animals, poultry or
20 fish by composting on the site where the death of the animals
21 occurred, or by transporting the bodies to a licensed
22 landfill for disposal. Parts of bodies may be transported to
23 the licensed landfill only in the case of on-site slaughter
24 or on-site necropsy performed to determine the cause of death
25 of the animal. Transporting the bodies or those parts of
26 bodies shall be by conveyance that is owned or operated by
27 the owner, operator, caretaker or animal collection service.
28 When the destruction or disposal of a body or parts of a
29 body of an animal, poultry or fish, is by burying, burning or
30 composting, it shall be done in a manner as required by
31 regulations of the Department and in compliance with the
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1 requirements of the Environmental Protection Act.
2 (Source: P.A. 88-133.)
3 (Text of Section after amendment by P.A. 90-565)
4 Sec. 17. (a) No person caring for, acting as an agent
5 for the owner of or owning any animal, poultry or fish which
6 has died shall allow the body or parts of the body to lie
7 about the premises. Such body or parts of the body shall be
8 disposed of within 24 hours after death as prescribed by
9 regulations of the Department. The Department may prohibit
10 the hauling or transportation of the body of any animal,
11 poultry or fish which has died of a highly contagious,
12 infectious or communicable disease and may specify the method
13 of disposal.
14 (b) The owner, operator, caretaker or animal collection
15 service may dispose of bodies of dead animals, poultry or
16 fish by composting on the site where the death of the animals
17 occurred, or by transporting the bodies to a licensed
18 landfill for disposal. Parts of bodies may be transported to
19 the licensed landfill only in the case of on-site slaughter
20 or on-site necropsy performed to determine the cause of death
21 of the animal. Transporting the bodies or those parts of
22 bodies shall be by conveyance that is owned or operated by
23 the owner, operator, caretaker or animal collection service.
24 (c) When the destruction or disposal of a body or parts
25 of a body of an animal, poultry or fish, is by burying,
26 burning or composting, it shall be done in a manner as
27 required by regulations of the Department and in compliance
28 with the requirements of the Environmental Protection Act.
29 (d) Any site where the bodies of dead animals or poultry
30 are to be composted shall comply with the following setbacks:
31 (1) The composting site shall include a setback of
32 at least 200 feet from the nearest potable water supply
33 well, except in accordance with subsection (b) of Section
34 14.2 of the Environmental Protection Act.
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1 (2) The composting site shall be located outside
2 the boundary of the 10-year floodplain or the site shall
3 be protected from flooding.
4 (3) A composting site constructed after the
5 effective date of this amendatory Act of 1997 so as to
6 constitute a "new facility" after that date as defined in
7 the Livestock Management Facilities Act shall be located
8 at least 1/4 mile from the nearest occupied residence
9 (other than a residence located on the same property as
10 the facility).
11 (Source: P.A. 90-565, eff. 6-1-98.)
12 Section 10. The Livestock Management Facilities Act is
13 amended by changing Sections 10.30, 10.40, 10.60, and 35 as
14 follows:
15 (510 ILCS 77/10.30)
16 Sec. 10.30. Livestock management facility. "Livestock
17 management facility" means any animal feeding operation,
18 livestock shelter, or on-farm milking and accompanying
19 milk-handling area. Two or more livestock management
20 facilities under common ownership, where the facilities (i)
21 are adjacent, (ii) not separated by a minimum distance of 1/4
22 mile, and that share a common livestock waste handling
23 facility, or (iii) share common acreage for the storage or
24 disposal of waste shall be considered a single livestock
25 management facility. A livestock management facility at
26 educational institutions, livestock pasture operations, where
27 animals are housed on a temporary basis such as county and
28 state fairs, livestock shows, race tracks, and horse breeding
29 and foaling farms, and market holding facilities are not
30 subject to this Act.
31 (Source: P.A. 89-456, eff. 5-21-96.)
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1 (510 ILCS 77/10.40)
2 Sec. 10.40. Livestock waste handling facility.
3 "Livestock waste handling facility" means individually or
4 collectively those immovable constructions or devices, except
5 sewers, used for collecting, pumping, treating, or disposing
6 of livestock waste or for the recovery of by-products from
7 the livestock waste. Two or more livestock waste handling
8 facilities under common ownership and where the facilities
9 are adjacent not separated by a minimum distance of 1/4 mile
10 shall be considered a single livestock waste handling
11 facility.
12 (Source: P.A. 89-456, eff. 5-21-96.)
13 (510 ILCS 77/10.60)
14 Sec. 10.60. Populated area. "Populated area" means any
15 area where at least 10 inhabited farm or non-farm residences
16 are located or where at least an average of 50 persons
17 frequent a common place of assembly or a non-farm business at
18 least once per week. "Populated area" includes a large
19 outdoor area defined by real property boundaries that is used
20 for recreation, education, or similar purposes.
21 (Source: P.A. 89-456, eff. 5-21-96.)
22 (510 ILCS 77/35)
23 Sec. 35. Setbacks for livestock management and livestock
24 handling facilities.
25 (a) Grandfather provision; facilities in existence prior
26 to July 15, 1991. Livestock management facilities and
27 livestock waste handling facilities in existence prior to
28 July 15, 1991 shall comply with setbacks in existence prior
29 to July 15, 1991, as set forth in the Illinois Environmental
30 Protection Act and rules promulgated under that Act.
31 (b) Grandfather provision; facilities in existence on
32 effective date and after July 15, 1991. Livestock management
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1 facilities and livestock waste handling facilities in
2 existence on the effective date of this Act but after July
3 15, 1991 shall comply with setbacks in existence prior to the
4 effective date of this Act, as set forth in the Illinois
5 Environmental Protection Act and rules promulgated under that
6 Act.
7 (c) New livestock management or livestock waste handling
8 facilities. Any new facility shall comply with the following
9 setbacks:
10 (1) For purposes of determining setback distances,
11 minimum distances shall be measured from the nearest
12 property line corner of the residence or place of common
13 assembly to the nearest edge corner of the livestock
14 waste handling facility earthen waste lagoon or livestock
15 management facility, whichever is closer.
16 (2) A livestock management facility or livestock
17 waste handling facility serving less than 300 50 animal
18 units shall be exempt from setback distances as set forth
19 in this Act but shall be subject to rules promulgated
20 under the Illinois Environmental Protection Act.
21 (3) For a livestock management facility or waste
22 handling facility serving 300 50 or greater but less than
23 500 1,000 animal units, the minimum setback shall be 1/4
24 mile from the nearest farm or occupied non-farm residence
25 and 1/2 mile from the nearest populated area.
26 (4) For a livestock management facility or
27 livestock waste handling facility with a maximum design
28 capacity of 500 or more but less than 1,000 serving 1,000
29 or greater but less than 7,000 animal units, the setback
30 is as follows:
31 (A) For a populated area, the minimum setback
32 shall be 2 miles increased 440 feet over the minimum
33 setback of 1/2 mile for each additional 1,000 animal
34 units over 1,000 animal units.
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1 (B) For any occupied residence, the minimum
2 setback shall be three-quarters of a mile unless the
3 resident or owner waives compliance with the minimum
4 setback increased 220 feet over the minimum setback
5 of 1/4 mile for each additional 1,000 animal units
6 over 1,000 animal units.
7 (C) For residents with special respiratory
8 problems, the minimum setback shall be 1 mile.
9 (5) For a livestock management facility or
10 livestock waste handling facility with a maximum design
11 capacity of 1,000 or more serving 7,000 or greater animal
12 units, the minimum setbacks under paragraph (4) shall be
13 increased by one foot for each additional animal unit
14 over 1,000 animal units at the facility setback is as
15 follows: (A) for a populated area, the minimum setback
16 shall be 1 mile.
17 (B) For any occupied residence, the minimum
18 setback shall be 1/2 mile.
19 (d) Requirements governing the location of a new
20 livestock management facility and new livestock
21 waste-handling facility and conditions for exemptions or
22 compliance with the maximum feasible location as provided in
23 rules adopted pursuant to the Illinois Environmental
24 Protection Act concerning agriculture regulated pollution
25 shall apply to those facilities identified in subsections (b)
26 and (c) of this Section. With regard to the maximum feasible
27 location requirements, any reference to a setback distance in
28 the rules under the Illinois Environmental Protection Act
29 shall mean the appropriate distance as set forth in this
30 Section.
31 (e) Setback category shall be determined by the design
32 capacity in animal units of the livestock management
33 facility.
34 (f) (Blank). Setbacks may be decreased when innovative
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1 designs as approved by the Department are incorporated into
2 the facility.
3 (g) A setback may be decreased when waivers are obtained
4 from owners of residences that are occupied and located in
5 the setback area.
6 (h) For a new livestock management facility or livestock
7 waste handling facility with a maximum design capacity of 500
8 or more animal units, the minimum setback from any surface
9 water shall be at least one-quarter mile.
10 (Source: P.A. 89-456, eff. 5-21-96.)
11 Section 95. No acceleration or delay. Where this Act
12 makes changes in a statute that is represented in this Act by
13 text that is not yet or no longer in effect (for example, a
14 Section represented by multiple versions), the use of that
15 text does not accelerate or delay the taking effect of (i)
16 the changes made by this Act or (ii) provisions derived from
17 any other Public Act.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.