Section 900.407  Final Determination

a)         Within 15 calendar days after the close of the comment period under Section 900.406 of this Subpart, the Department shall determine:

1)         That, more likely than not, the provisions of the Livestock Management Facilities Act [510 ILCS 77] have been met [510 ILCS 77/12.1(a)];

2)         That, more likely than not, the provisions of the Livestock Management Facilities Act [510 ILCS 77] have not been met; or

3)         That additional information or specific changes are needed in order to assist the Department in making the determination.

b)         If the Department determines after an informational meeting that, more likely than not, the provisions of the Livestock Management Facilities Act have been met, the Department shall send written notice by certified mail, return receipt requested, to the applicant and the county board indicating that construction may proceed provided the other applicable provisions of the Livestock Management Facilities Act have been met. [510 ILCS 77/12.1(a)]

c)         If the Department determines after an informational meeting that, more likely than not, the provisions of the Livestock Management Facilities Act have not been met, the Department shall send written notice by certified mail, return receipt requested, to the applicant and the county board that construction is prohibited. [510 ILCS 77/12.1(a)] The notice shall also indicate the reasons for the construction prohibition.

d)         If the Department finds, after an informational meeting, that additional information or that specific changes are needed in order to assist the Department in making the determination, the Department may request such information or changes from the owner or operator of the new livestock waste handling facility or livestock management facility. [510 ILCS 77/12.1(a-5)] No later than 10 working days after the receipt of the clarification information, the Department shall notify the applicant and the county board in writing by certified mail, return receipt requested, whether, more likely than not, the provisions of the Livestock Management Facilities Act have been met and construction may proceed, whether additional information is required, or whether construction is prohibited.

e)         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 in writing by certified mail, return receipt requested, the owner or operator that construction may begin provided the other applicable provisions of the Livestock Management Facilities Act have been met, is prohibited or that clarification is needed.  [510 ILCS 77/12.1(b)]  No later than 10 working days after the receipt of the clarification information, the Department shall notify the applicant and the county board in writing by certified mail whether the provisions of the Livestock Management Facilities Act have been met and whether construction may proceed or is prohibited.

f)         For purposes of judicial review, the Department's decision becomes final as of the date of the decision.  The procedure for stay or reconsideration of any final Department decision by the Department shall be as provided for in the Department's administrative rules at 8 Ill. Adm. Code 1.

(Source:  Amended at 27 Ill. Reg. 18553, effective November 25, 2003)