Ill. Admin. Code tit. 8 § 900.303

Current through Register Vol. 48, No. 44, November 1, 2024

Section 900.303 - Procedures

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.

Ill. Admin. Code tit. 8, § 900.303