The information presented herein is not intended to serve as legal advice. Please consult a licensed Illinois attorney if you wish to obtain legal advice.
Statutory Law
-The Illinois Livestock Management Facilities Act, 510 ILCS 77/1 et seq. (2001)
This Act sets forth the specific requirements for the design and construction of livestock facilities and livestock waste handling facilities.
-The Illinois Administrative Code, 8 Ill. Admin. Code 900
Title 8 of the Illinois Administrative Code sets forth the Illinois Department of Agriculture’s livestock management facility regulations. These regulations are to be used in conjunction with the Illinois Pollution Control Board’s regulations under 35 Ill. Adm. Code 506.
Case Law
-Nickels v. Burnett, 798 N.E.2d 817, 820, 826 (Ill. App. Ct. 2003)
In this case the Second District of Illinois upheld a ruling from the Circuit Court of De Kalb County granting plaintiffs a preliminary injunction to enjoin the defendant from constructing a hog confinement facility approved by the Illinois Department of Agriculture. The Defendant appealed on the following grounds: 1) that the trail court violated the doctrine of separation of powers by entertaining plaintiffs' action; 2) that the trial court erroneously ruled on the petition for a preliminary injunction without first requiring plaintiffs to exhaust their administrative remedies pursuant to the Livestock Management Facilities Act (LMFA), and 3) that the trial court abused its discretion in granting the preliminary injunction. The Second District found the defendant’s claims without merit. It was found that the LMFA did not include a mechanism to punish or prevent violations of the Act, did not create any public or private remedies for violations, nor did it explicitly preempt other causes of action. As such, defendant’s separation of powers and exhaustion of administrative remedies claims failed. It was further found that the trail court’s decision to grant the preliminary injunction was reasonable. This was because the plaintiffs presented extensive evidence of the potential harms to their health and to the values of their lands should the hog facility begin to operate. Accordingly, the defendant’s claim that the trail court abused its discretion also failed.
Research and Supplementary Information
-The Illinois Department of Agriculture's Livestock Facility Management Program
The Department of Agriculture’s website outlines important provisions of the LMFA. Here you will find a chart for determining animal units, which can be used in conjunction with the regulations defining CAFOs to determine if a facility must apply for an NPDES permit.
-Livestock Facility Recent Notices of Intent to Construct
This information is accessible via the Illinois Department of Agriculture’s LMFA web site. Here you can enter specific information to see if there is a notice about any newly proposed facilities in your area. If you just want to find the most recent notices if intent, you do not need enter any location information. Simply hit the search button. Filing a notice of intent to construct is the initial step in the Department’s application process.
-Livestock Facility Public Information Meetings Listing
If a proposed facility meets certain size and design requirements, the project will be subject to a public informational meeting and county board recommendation process. This process begins after the Department’s initial approval of a facility’s construction plans. Public informational meeting postings are available on the LMFA web site via this link.
Guidance Documents
-University of Illinois Extension Manure Management Plan Step-By-Step Instruction Book with Sample Forms
This document was published by the University of Illinois Extension to assist livestock facility managers in developing manure management plans that meet all applicable regulations in Illinois. The various regulations are administered by the Illinois Department of Agriculture, the Illinois EPA, and the Illinois Natural Resources Conservation Service.
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