Sec. 12.1. Final determination.

297 words·~1 min read·/il/chapter-510/act-77/12-1

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(a)Within 15 calendar days of the close of the comment period under subsection

(b)of Section 12, the Department shall determine if, more likely than not, the provisions of the Act have been met and shall send notice to the applicant and the county board indicating that construction may proceed. If the Department finds that, more likely than not, the provisions of the Act have not been met the Department shall send notice to the applicant that construction is prohibited.

(a-5) If the Department finds that additional information or that specific changes are needed in order to assist the Department in making the determination under subsection

(a)of this Section, the Department may request such information or changes from the owner or operator of the new livestock waste handling facility or waste management facility.

(b)If no informational meeting is held, the Department shall, within 15 calendar days following the end of the period for the county board to request an informational meeting, notify the owner or operator that construction may begin or that clarification is needed.

(c)If the owner or operator of a proposed livestock management facility or livestock waste handling facility amends the facility plans during the Department's review, the Department shall notify the county board, which may exercise its option of a public informational meeting pursuant to Section 12 of this Act.

(d)If the owner or operator of a proposed new livestock management or new livestock waste handling facility amends the facility plans during the Department's review process by increasing the animal unit capacity of the facility such that the required setback distances will be increased, the owner or operator shall submit a revised notice of intent to construct and comply with applicable provisions of this Act.