Rep. Sue Scherer

Filed: 3/15/2013

 

 


 

 


 
09800HB2907ham001LRB098 06257 JDS 43166 a

1
AMENDMENT TO HOUSE BILL 2907

2    AMENDMENT NO. ______. Amend House Bill 2907 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5adding Section 39.2a and changing Sections 3.330, 39, and 39.2
6as follows:
 
7    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
8    Sec. 3.330. Pollution control facility.
9    (a) "Pollution control facility" is any waste storage site,
10sanitary landfill, waste disposal site, waste transfer
11station, waste treatment facility, or waste incinerator. This
12includes sewers, sewage treatment plants, and any other
13facilities owned or operated by sanitary districts organized
14under the Metropolitan Water Reclamation District Act.
15    The following are not pollution control facilities:
16        (1) (blank);

 

 

09800HB2907ham001- 2 -LRB098 06257 JDS 43166 a

1        (2) waste storage sites regulated under 40 CFR, Part
2    761.42;
3        (3) sites or facilities used by any person conducting a
4    waste storage, waste treatment, waste disposal, waste
5    transfer or waste incineration operation, or a combination
6    thereof, for wastes generated by such person's own
7    activities, when such wastes are stored, treated, disposed
8    of, transferred or incinerated within the site or facility
9    owned, controlled or operated by such person, or when such
10    wastes are transported within or between sites or
11    facilities owned, controlled or operated by such person;
12        (4) sites or facilities at which the State is
13    performing removal or remedial action pursuant to Section
14    22.2 or 55.3;
15        (5) abandoned quarries used solely for the disposal of
16    concrete, earth materials, gravel, or aggregate debris
17    resulting from road construction activities conducted by a
18    unit of government or construction activities due to the
19    construction and installation of underground pipes, lines,
20    conduit or wires off of the premises of a public utility
21    company which are conducted by a public utility;
22        (6) sites or facilities used by any person to
23    specifically conduct a landscape composting operation;
24        (7) regional facilities as defined in the Central
25    Midwest Interstate Low-Level Radioactive Waste Compact;
26        (8) the portion of a site or facility where coal

 

 

09800HB2907ham001- 3 -LRB098 06257 JDS 43166 a

1    combustion wastes are stored or disposed of in accordance
2    with subdivision (r)(2) or (r)(3) of Section 21;
3        (9) the portion of a site or facility used for the
4    collection, storage or processing of waste tires as defined
5    in Title XIV;
6        (10) the portion of a site or facility used for
7    treatment of petroleum contaminated materials by
8    application onto or incorporation into the soil surface and
9    any portion of that site or facility used for storage of
10    petroleum contaminated materials before treatment. Only
11    those categories of petroleum listed in Section 57.9(a)(3)
12    are exempt under this subdivision (10);
13        (11) the portion of a site or facility where used oil
14    is collected or stored prior to shipment to a recycling or
15    energy recovery facility, provided that the used oil is
16    generated by households or commercial establishments, and
17    the site or facility is a recycling center or a business
18    where oil or gasoline is sold at retail;
19        (11.5) processing sites or facilities that receive
20    only on-specification used oil, as defined in 35 Ill.
21    Admin. Code 739, originating from used oil collectors for
22    processing that is managed under 35 Ill. Admin. Code 739 to
23    produce products for sale to off-site petroleum
24    facilities, if these processing sites or facilities are:
25    (i) located within a home rule unit of local government
26    with a population of at least 30,000 according to the 2000

 

 

09800HB2907ham001- 4 -LRB098 06257 JDS 43166 a

1    federal census, that home rule unit of local government has
2    been designated as an Urban Round II Empowerment Zone by
3    the United States Department of Housing and Urban
4    Development, and that home rule unit of local government
5    has enacted an ordinance approving the location of the site
6    or facility and provided funding for the site or facility;
7    and (ii) in compliance with all applicable zoning
8    requirements;
9        (12) the portion of a site or facility utilizing coal
10    combustion waste for stabilization and treatment of only
11    waste generated on that site or facility when used in
12    connection with response actions pursuant to the federal
13    Comprehensive Environmental Response, Compensation, and
14    Liability Act of 1980, the federal Resource Conservation
15    and Recovery Act of 1976, or the Illinois Environmental
16    Protection Act or as authorized by the Agency;
17        (13) the portion of a site or facility that (i) accepts
18    exclusively general construction or demolition debris,
19    (ii) is located in a county with a population over
20    3,000,000 as of January 1, 2000 or in a county that is
21    contiguous to such a county, and (iii) is operated and
22    located in accordance with Section 22.38 of this Act;
23        (14) the portion of a site or facility, located within
24    a unit of local government that has enacted local zoning
25    requirements, used to accept, separate, and process
26    uncontaminated broken concrete, with or without protruding

 

 

09800HB2907ham001- 5 -LRB098 06257 JDS 43166 a

1    metal bars, provided that the uncontaminated broken
2    concrete and metal bars are not speculatively accumulated,
3    are at the site or facility no longer than one year after
4    their acceptance, and are returned to the economic
5    mainstream in the form of raw materials or products;
6        (15) the portion of a site or facility located in a
7    county with a population over 3,000,000 that has obtained
8    local siting approval under Section 39.2 of this Act for a
9    municipal waste incinerator on or before July 1, 2005 and
10    that is used for a non-hazardous waste transfer station;
11        (16) a site or facility that temporarily holds in
12    transit for 10 days or less, non-putrescible solid waste in
13    original containers, no larger in capacity than 500
14    gallons, provided that such waste is further transferred to
15    a recycling, disposal, treatment, or storage facility on a
16    non-contiguous site and provided such site or facility
17    complies with the applicable 10-day transfer requirements
18    of the federal Resource Conservation and Recovery Act of
19    1976 and United States Department of Transportation
20    hazardous material requirements. For purposes of this
21    Section only, "non-putrescible solid waste" means waste
22    other than municipal garbage that does not rot or become
23    putrid, including, but not limited to, paints, solvent,
24    filters, and absorbents;
25        (17) the portion of a site or facility located in a
26    county with a population greater than 3,000,000 that has

 

 

09800HB2907ham001- 6 -LRB098 06257 JDS 43166 a

1    obtained local siting approval, under Section 39.2 of this
2    Act, for a municipal waste incinerator on or before July 1,
3    2005 and that is used for wood combustion facilities for
4    energy recovery that accept and burn only wood material, as
5    included in a fuel specification approved by the Agency;
6        (18) a transfer station used exclusively for landscape
7    waste, including a transfer station where landscape waste
8    is ground to reduce its volume, where the landscape waste
9    is held no longer than 24 hours from the time it was
10    received;
11        (19) the portion of a site or facility that (i) is used
12    for the composting of food scrap, livestock waste, crop
13    residue, uncontaminated wood waste, or paper waste,
14    including, but not limited to, corrugated paper or
15    cardboard, and (ii) meets all of the following
16    requirements:
17            (A) There must not be more than a total of 30,000
18        cubic yards of livestock waste in raw form or in the
19        process of being composted at the site or facility at
20        any one time.
21            (B) All food scrap, livestock waste, crop residue,
22        uncontaminated wood waste, and paper waste must, by the
23        end of each operating day, be processed and placed into
24        an enclosed vessel in which air flow and temperature
25        are controlled, or all of the following additional
26        requirements must be met:

 

 

09800HB2907ham001- 7 -LRB098 06257 JDS 43166 a

1                (i) The portion of the site or facility used
2            for the composting operation must include a
3            setback of at least 200 feet from the nearest
4            potable water supply well.
5                (ii) The portion of the site or facility used
6            for the composting operation must be located
7            outside the boundary of the 10-year floodplain or
8            floodproofed.
9                (iii) The portion of the site or facility used
10            for the composting operation must be located at
11            least one-eighth of a mile from the nearest
12            residence, other than a residence located on the
13            same property as the site or facility.
14                (iv) The portion of the site or facility used
15            for the composting operation must be located at
16            least one-eighth of a mile from the property line
17            of all of the following areas:
18                    (I) Facilities that primarily serve to
19                house or treat people that are
20                immunocompromised or immunosuppressed, such as
21                cancer or AIDS patients; people with asthma,
22                cystic fibrosis, or bioaerosol allergies; or
23                children under the age of one year.
24                    (II) Primary and secondary schools and
25                adjacent areas that the schools use for
26                recreation.

 

 

09800HB2907ham001- 8 -LRB098 06257 JDS 43166 a

1                    (III) Any facility for child care licensed
2                under Section 3 of the Child Care Act of 1969;
3                preschools; and adjacent areas that the
4                facilities or preschools use for recreation.
5                (v) By the end of each operating day, all food
6            scrap, livestock waste, crop residue,
7            uncontaminated wood waste, and paper waste must be
8            (i) processed into windrows or other piles and (ii)
9            covered in a manner that prevents scavenging by
10            birds and animals and that prevents other
11            nuisances.
12            (C) Food scrap, livestock waste, crop residue,
13        uncontaminated wood waste, paper waste, and compost
14        must not be placed within 5 feet of the water table.
15            (D) The site or facility must meet all of the
16        requirements of the Wild and Scenic Rivers Act (16
17        U.S.C. 1271 et seq.).
18            (E) The site or facility must not (i) restrict the
19        flow of a 100-year flood, (ii) result in washout of
20        food scrap, livestock waste, crop residue,
21        uncontaminated wood waste, or paper waste from a
22        100-year flood, or (iii) reduce the temporary water
23        storage capacity of the 100-year floodplain, unless
24        measures are undertaken to provide alternative storage
25        capacity, such as by providing lagoons, holding tanks,
26        or drainage around structures at the facility.

 

 

09800HB2907ham001- 9 -LRB098 06257 JDS 43166 a

1            (F) The site or facility must not be located in any
2        area where it may pose a threat of harm or destruction
3        to the features for which:
4                (i) an irreplaceable historic or
5            archaeological site has been listed under the
6            National Historic Preservation Act (16 U.S.C. 470
7            et seq.) or the Illinois Historic Preservation
8            Act;
9                (ii) a natural landmark has been designated by
10            the National Park Service or the Illinois State
11            Historic Preservation Office; or
12                (iii) a natural area has been designated as a
13            Dedicated Illinois Nature Preserve under the
14            Illinois Natural Areas Preservation Act.
15            (G) The site or facility must not be located in an
16        area where it may jeopardize the continued existence of
17        any designated endangered species, result in the
18        destruction or adverse modification of the critical
19        habitat for such species, or cause or contribute to the
20        taking of any endangered or threatened species of
21        plant, fish, or wildlife listed under the Endangered
22        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
23        Endangered Species Protection Act;
24        (20) the portion of a site or facility that is located
25    entirely within a home rule unit having a population of no
26    less than 120,000 and no more than 135,000, according to

 

 

09800HB2907ham001- 10 -LRB098 06257 JDS 43166 a

1    the 2000 federal census, and that meets all of the
2    following requirements:
3                (i) the portion of the site or facility is used
4            exclusively to perform testing of a thermochemical
5            conversion technology using only woody biomass,
6            collected as landscape waste within the boundaries
7            of the home rule unit, as the hydrocarbon feedstock
8            for the production of synthetic gas in accordance
9            with Section 39.9 of this Act;
10                (ii) the portion of the site or facility is in
11            compliance with all applicable zoning
12            requirements; and
13                (iii) a complete application for a
14            demonstration permit at the portion of the site or
15            facility has been submitted to the Agency in
16            accordance with Section 39.9 of this Act within one
17            year after July 27, 2010 (the effective date of
18            Public Act 96-1314);
19        (21) the portion of a site or facility used to perform
20    limited testing of a gasification conversion technology in
21    accordance with Section 39.8 of this Act and for which a
22    complete permit application has been submitted to the
23    Agency prior to one year from April 9, 2010 (the effective
24    date of Public Act 96-887); and
25        (22) the portion of a site or facility that is used to
26    incinerate only pharmaceuticals from residential sources

 

 

09800HB2907ham001- 11 -LRB098 06257 JDS 43166 a

1    that are collected and transported by law enforcement
2    agencies under Section 17.9A of this Act.
3    (a-5) Notwithstanding any provision of subsection (a) of
4this Section to the contrary, any site or facility for the
5treatment, storage, or disposal of polychlorinated biphenyls
6(PCBs) or PCB Items regulated under Subpart D of 40 C.F.R. 761
7that is located less than 500 feet above an aquifer that
8currently provides the only source of potable water for a
9community water supply is a pollution control facility.
10    (b) A new pollution control facility is:
11        (1) a pollution control facility initially permitted
12    for development or construction after July 1, 1981; or
13        (2) the area of expansion beyond the boundary of a
14    currently permitted pollution control facility; or
15        (3) a permitted pollution control facility requesting
16    approval to store, dispose of, transfer or incinerate, for
17    the first time, any special or hazardous waste.
18(Source: P.A. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09;
1996-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff.
207-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545,
21eff. 1-1-12.)
 
22    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
23    Sec. 39. Issuance of permits; procedures.
24    (a) When the Board has by regulation required a permit for
25the construction, installation, or operation of any type of

 

 

09800HB2907ham001- 12 -LRB098 06257 JDS 43166 a

1facility, equipment, vehicle, vessel, or aircraft, the
2applicant shall apply to the Agency for such permit and it
3shall be the duty of the Agency to issue such a permit upon
4proof by the applicant that the facility, equipment, vehicle,
5vessel, or aircraft will not cause a violation of this Act or
6of regulations hereunder. The Agency shall adopt such
7procedures as are necessary to carry out its duties under this
8Section. In making its determinations on permit applications
9under this Section the Agency may consider prior adjudications
10of noncompliance with this Act by the applicant that involved a
11release of a contaminant into the environment. In granting
12permits, the Agency may impose reasonable conditions
13specifically related to the applicant's past compliance
14history with this Act as necessary to correct, detect, or
15prevent noncompliance. The Agency may impose such other
16conditions as may be necessary to accomplish the purposes of
17this Act, and as are not inconsistent with the regulations
18promulgated by the Board hereunder. Except as otherwise
19provided in this Act, a bond or other security shall not be
20required as a condition for the issuance of a permit. If the
21Agency denies any permit under this Section, the Agency shall
22transmit to the applicant within the time limitations of this
23Section specific, detailed statements as to the reasons the
24permit application was denied. Such statements shall include,
25but not be limited to the following:
26        (i) the Sections of this Act which may be violated if

 

 

09800HB2907ham001- 13 -LRB098 06257 JDS 43166 a

1    the permit were granted;
2        (ii) the provision of the regulations, promulgated
3    under this Act, which may be violated if the permit were
4    granted;
5        (iii) the specific type of information, if any, which
6    the Agency deems the applicant did not provide the Agency;
7    and
8        (iv) a statement of specific reasons why the Act and
9    the regulations might not be met if the permit were
10    granted.
11    If there is no final action by the Agency within 90 days
12after the filing of the application for permit, the applicant
13may deem the permit issued; except that this time period shall
14be extended to 180 days when (1) notice and opportunity for
15public hearing are required by State or federal law or
16regulation, (2) the application which was filed is for any
17permit to develop a landfill subject to issuance pursuant to
18this subsection, or (3) the application that was filed is for a
19MSWLF unit required to issue public notice under subsection (p)
20of Section 39. The 90-day and 180-day time periods for the
21Agency to take final action do not apply to NPDES permit
22applications under subsection (b) of this Section, to RCRA
23permit applications under subsection (d) of this Section, or to
24UIC permit applications under subsection (e) of this Section.
25    The Agency shall publish notice of all final permit
26determinations for development permits for MSWLF units and for

 

 

09800HB2907ham001- 14 -LRB098 06257 JDS 43166 a

1significant permit modifications for lateral expansions for
2existing MSWLF units one time in a newspaper of general
3circulation in the county in which the unit is or is proposed
4to be located.
5    After January 1, 1994 and until July 1, 1998, operating
6permits issued under this Section by the Agency for sources of
7air pollution permitted to emit less than 25 tons per year of
8any combination of regulated air pollutants, as defined in
9Section 39.5 of this Act, shall be required to be renewed only
10upon written request by the Agency consistent with applicable
11provisions of this Act and regulations promulgated hereunder.
12Such operating permits shall expire 180 days after the date of
13such a request. The Board shall revise its regulations for the
14existing State air pollution operating permit program
15consistent with this provision by January 1, 1994.
16    After June 30, 1998, operating permits issued under this
17Section by the Agency for sources of air pollution that are not
18subject to Section 39.5 of this Act and are not required to
19have a federally enforceable State operating permit shall be
20required to be renewed only upon written request by the Agency
21consistent with applicable provisions of this Act and its
22rules. Such operating permits shall expire 180 days after the
23date of such a request. Before July 1, 1998, the Board shall
24revise its rules for the existing State air pollution operating
25permit program consistent with this paragraph and shall adopt
26rules that require a source to demonstrate that it qualifies

 

 

09800HB2907ham001- 15 -LRB098 06257 JDS 43166 a

1for a permit under this paragraph.
2    (b) The Agency may issue NPDES permits exclusively under
3this subsection for the discharge of contaminants from point
4sources into navigable waters, all as defined in the Federal
5Water Pollution Control Act, as now or hereafter amended,
6within the jurisdiction of the State, or into any well.
7    All NPDES permits shall contain those terms and conditions,
8including but not limited to schedules of compliance, which may
9be required to accomplish the purposes and provisions of this
10Act.
11    The Agency may issue general NPDES permits for discharges
12from categories of point sources which are subject to the same
13permit limitations and conditions. Such general permits may be
14issued without individual applications and shall conform to
15regulations promulgated under Section 402 of the Federal Water
16Pollution Control Act, as now or hereafter amended.
17    The Agency may include, among such conditions, effluent
18limitations and other requirements established under this Act,
19Board regulations, the Federal Water Pollution Control Act, as
20now or hereafter amended, and regulations pursuant thereto, and
21schedules for achieving compliance therewith at the earliest
22reasonable date.
23    The Agency shall adopt filing requirements and procedures
24which are necessary and appropriate for the issuance of NPDES
25permits, and which are consistent with the Act or regulations
26adopted by the Board, and with the Federal Water Pollution

 

 

09800HB2907ham001- 16 -LRB098 06257 JDS 43166 a

1Control Act, as now or hereafter amended, and regulations
2pursuant thereto.
3    The Agency, subject to any conditions which may be
4prescribed by Board regulations, may issue NPDES permits to
5allow discharges beyond deadlines established by this Act or by
6regulations of the Board without the requirement of a variance,
7subject to the Federal Water Pollution Control Act, as now or
8hereafter amended, and regulations pursuant thereto.
9    (c) Except for those facilities owned or operated by
10sanitary districts organized under the Metropolitan Water
11Reclamation District Act, no permit for the development or
12construction of a new pollution control facility may be granted
13by the Agency unless the applicant submits proof to the Agency
14that the location of the facility has been approved by the
15appropriate governing bodies County Board of the county if in
16an unincorporated area, or the governing body of the
17municipality when in an incorporated area, in which the
18facility is to be located in accordance with Section 39.2 of
19this Act. For purposes of this subsection (c), and for purposes
20of Section 39.2 of this Act, the appropriate governing bodies
21appropriate county board or governing body of the municipality
22shall be: (i) except as provided in item (ii), for
23unincorporated areas, the county board of the county in which
24the facility is to be located as of the date when the
25application for siting approval is filed or, for incorporated
26areas, the governing body of the municipality in which the

 

 

09800HB2907ham001- 17 -LRB098 06257 JDS 43166 a

1facility is to be located as of the date when the application
2for siting approval is filed and (ii) in the case of a site or
3facility for the treatment, storage, or disposal of
4polychlorinated biphenyls (PCBs) or PCB Items regulated under
5Subpart D of 40 C.F.R. 761 that is located less than 500 feet
6above an aquifer that currently provides the only source of
7potable water for a community water supply, the county board of
8each county located, in or whole in part, within the aquifer's
9boundaries and the governing body of each municipality located,
10in or whole or part, within the aquifer's boundaries.
11    In the event that siting approval granted pursuant to
12Section 39.2 has been transferred to a subsequent owner or
13operator, that subsequent owner or operator may apply to the
14Agency for, and the Agency may grant, a development or
15construction permit for the facility for which local siting
16approval was granted. Upon application to the Agency for a
17development or construction permit by that subsequent owner or
18operator, the permit applicant shall cause written notice of
19the permit application to be served upon the appropriate county
20board or governing body of the municipality that granted siting
21approval for that facility and upon any party to the siting
22proceeding pursuant to which siting approval was granted. In
23that event, the Agency shall conduct an evaluation of the
24subsequent owner or operator's prior experience in waste
25management operations in the manner conducted under subsection
26(i) of Section 39 of this Act.

 

 

09800HB2907ham001- 18 -LRB098 06257 JDS 43166 a

1    Beginning August 20, 1993, if the pollution control
2facility consists of a hazardous or solid waste disposal
3facility for which the proposed site is located in an
4unincorporated area of a county with a population of less than
5100,000 and includes all or a portion of a parcel of land that
6was, on April 1, 1993, adjacent to a municipality having a
7population of less than 5,000, then the local siting review
8required under this subsection (c) in conjunction with any
9permit applied for after that date shall be performed by the
10governing body of that adjacent municipality rather than the
11county board of the county in which the proposed site is
12located; and for the purposes of that local siting review, any
13references in this Act to the county board shall be deemed to
14mean the governing body of that adjacent municipality;
15provided, however, that the provisions of this paragraph shall
16not apply to any proposed site which was, on April 1, 1993,
17owned in whole or in part by another municipality or to any
18site or facility for the treatment, storage, or disposal of
19polychlorinated biphenyls (PCBs) or PCB Items regulated under
20Subpart D of 40 C.F.R. 761 that is located less than 500 feet
21above an aquifer that currently provides the only source of
22potable water for a community water supply.
23    In the case of a pollution control facility for which a
24development permit was issued before November 12, 1981, if an
25operating permit has not been issued by the Agency prior to
26August 31, 1989 for any portion of the facility, then the

 

 

09800HB2907ham001- 19 -LRB098 06257 JDS 43166 a

1Agency may not issue or renew any development permit nor issue
2an original operating permit for any portion of such facility
3unless the applicant has submitted proof to the Agency that the
4location of the facility has been approved by the appropriate
5county board or municipal governing body pursuant to Section
639.2 of this Act.
7    After January 1, 1994, if a solid waste disposal facility,
8any portion for which an operating permit has been issued by
9the Agency, has not accepted waste disposal for 5 or more
10consecutive calendars years, before that facility may accept
11any new or additional waste for disposal, the owner and
12operator must obtain a new operating permit under this Act for
13that facility unless the owner and operator have applied to the
14Agency for a permit authorizing the temporary suspension of
15waste acceptance. The Agency may not issue a new operation
16permit under this Act for the facility unless the applicant has
17submitted proof to the Agency that the location of the facility
18has been approved or re-approved by the appropriate county
19board or municipal governing body under Section 39.2 of this
20Act after the facility ceased accepting waste.
21    Except for those facilities owned or operated by sanitary
22districts organized under the Metropolitan Water Reclamation
23District Act, and except for new pollution control facilities
24governed by Section 39.2, and except for fossil fuel mining
25facilities, the granting of a permit under this Act shall not
26relieve the applicant from meeting and securing all necessary

 

 

09800HB2907ham001- 20 -LRB098 06257 JDS 43166 a

1zoning approvals from the unit of government having zoning
2jurisdiction over the proposed facility.
3    Before beginning construction on any new sewage treatment
4plant or sludge drying site to be owned or operated by a
5sanitary district organized under the Metropolitan Water
6Reclamation District Act for which a new permit (rather than
7the renewal or amendment of an existing permit) is required,
8such sanitary district shall hold a public hearing within the
9municipality within which the proposed facility is to be
10located, or within the nearest community if the proposed
11facility is to be located within an unincorporated area, at
12which information concerning the proposed facility shall be
13made available to the public, and members of the public shall
14be given the opportunity to express their views concerning the
15proposed facility.
16    The Agency may issue a permit for a municipal waste
17transfer station without requiring approval pursuant to
18Section 39.2 provided that the following demonstration is made:
19        (1) the municipal waste transfer station was in
20    existence on or before January 1, 1979 and was in
21    continuous operation from January 1, 1979 to January 1,
22    1993;
23        (2) the operator submitted a permit application to the
24    Agency to develop and operate the municipal waste transfer
25    station during April of 1994;
26        (3) the operator can demonstrate that the county board

 

 

09800HB2907ham001- 21 -LRB098 06257 JDS 43166 a

1    of the county, if the municipal waste transfer station is
2    in an unincorporated area, or the governing body of the
3    municipality, if the station is in an incorporated area,
4    does not object to resumption of the operation of the
5    station; and
6        (4) the site has local zoning approval.
7    (d) The Agency may issue RCRA permits exclusively under
8this subsection to persons owning or operating a facility for
9the treatment, storage, or disposal of hazardous waste as
10defined under this Act.
11    All RCRA permits shall contain those terms and conditions,
12including but not limited to schedules of compliance, which may
13be required to accomplish the purposes and provisions of this
14Act. The Agency may include among such conditions standards and
15other requirements established under this Act, Board
16regulations, the Resource Conservation and Recovery Act of 1976
17(P.L. 94-580), as amended, and regulations pursuant thereto,
18and may include schedules for achieving compliance therewith as
19soon as possible. The Agency shall require that a performance
20bond or other security be provided as a condition for the
21issuance of a RCRA permit.
22    In the case of a permit to operate a hazardous waste or PCB
23incinerator as defined in subsection (k) of Section 44, the
24Agency shall require, as a condition of the permit, that the
25operator of the facility perform such analyses of the waste to
26be incinerated as may be necessary and appropriate to ensure

 

 

09800HB2907ham001- 22 -LRB098 06257 JDS 43166 a

1the safe operation of the incinerator.
2    The Agency shall adopt filing requirements and procedures
3which are necessary and appropriate for the issuance of RCRA
4permits, and which are consistent with the Act or regulations
5adopted by the Board, and with the Resource Conservation and
6Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
7pursuant thereto.
8    The applicant shall make available to the public for
9inspection all documents submitted by the applicant to the
10Agency in furtherance of an application, with the exception of
11trade secrets, at the office of the county board or governing
12body of the municipality. Such documents may be copied upon
13payment of the actual cost of reproduction during regular
14business hours of the local office. The Agency shall issue a
15written statement concurrent with its grant or denial of the
16permit explaining the basis for its decision.
17    (e) The Agency may issue UIC permits exclusively under this
18subsection to persons owning or operating a facility for the
19underground injection of contaminants as defined under this
20Act.
21    All UIC permits shall contain those terms and conditions,
22including but not limited to schedules of compliance, which may
23be required to accomplish the purposes and provisions of this
24Act. The Agency may include among such conditions standards and
25other requirements established under this Act, Board
26regulations, the Safe Drinking Water Act (P.L. 93-523), as

 

 

09800HB2907ham001- 23 -LRB098 06257 JDS 43166 a

1amended, and regulations pursuant thereto, and may include
2schedules for achieving compliance therewith. The Agency shall
3require that a performance bond or other security be provided
4as a condition for the issuance of a UIC permit.
5    The Agency shall adopt filing requirements and procedures
6which are necessary and appropriate for the issuance of UIC
7permits, and which are consistent with the Act or regulations
8adopted by the Board, and with the Safe Drinking Water Act
9(P.L. 93-523), as amended, and regulations pursuant thereto.
10    The applicant shall make available to the public for
11inspection, all documents submitted by the applicant to the
12Agency in furtherance of an application, with the exception of
13trade secrets, at the office of the county board or governing
14body of the municipality. Such documents may be copied upon
15payment of the actual cost of reproduction during regular
16business hours of the local office. The Agency shall issue a
17written statement concurrent with its grant or denial of the
18permit explaining the basis for its decision.
19    (f) In making any determination pursuant to Section 9.1 of
20this Act:
21        (1) The Agency shall have authority to make the
22    determination of any question required to be determined by
23    the Clean Air Act, as now or hereafter amended, this Act,
24    or the regulations of the Board, including the
25    determination of the Lowest Achievable Emission Rate,
26    Maximum Achievable Control Technology, or Best Available

 

 

09800HB2907ham001- 24 -LRB098 06257 JDS 43166 a

1    Control Technology, consistent with the Board's
2    regulations, if any.
3        (2) The Agency shall, after conferring with the
4    applicant, give written notice to the applicant of its
5    proposed decision on the application including the terms
6    and conditions of the permit to be issued and the facts,
7    conduct or other basis upon which the Agency will rely to
8    support its proposed action.
9        (3) Following such notice, the Agency shall give the
10    applicant an opportunity for a hearing in accordance with
11    the provisions of Sections 10-25 through 10-60 of the
12    Illinois Administrative Procedure Act.
13    (g) The Agency shall include as conditions upon all permits
14issued for hazardous waste disposal sites such restrictions
15upon the future use of such sites as are reasonably necessary
16to protect public health and the environment, including
17permanent prohibition of the use of such sites for purposes
18which may create an unreasonable risk of injury to human health
19or to the environment. After administrative and judicial
20challenges to such restrictions have been exhausted, the Agency
21shall file such restrictions of record in the Office of the
22Recorder of the county in which the hazardous waste disposal
23site is located.
24    (h) A hazardous waste stream may not be deposited in a
25permitted hazardous waste site unless specific authorization
26is obtained from the Agency by the generator and disposal site

 

 

09800HB2907ham001- 25 -LRB098 06257 JDS 43166 a

1owner and operator for the deposit of that specific hazardous
2waste stream. The Agency may grant specific authorization for
3disposal of hazardous waste streams only after the generator
4has reasonably demonstrated that, considering technological
5feasibility and economic reasonableness, the hazardous waste
6cannot be reasonably recycled for reuse, nor incinerated or
7chemically, physically or biologically treated so as to
8neutralize the hazardous waste and render it nonhazardous. In
9granting authorization under this Section, the Agency may
10impose such conditions as may be necessary to accomplish the
11purposes of the Act and are consistent with this Act and
12regulations promulgated by the Board hereunder. If the Agency
13refuses to grant authorization under this Section, the
14applicant may appeal as if the Agency refused to grant a
15permit, pursuant to the provisions of subsection (a) of Section
1640 of this Act. For purposes of this subsection (h), the term
17"generator" has the meaning given in Section 3.205 of this Act,
18unless: (1) the hazardous waste is treated, incinerated, or
19partially recycled for reuse prior to disposal, in which case
20the last person who treats, incinerates, or partially recycles
21the hazardous waste prior to disposal is the generator; or (2)
22the hazardous waste is from a response action, in which case
23the person performing the response action is the generator.
24This subsection (h) does not apply to any hazardous waste that
25is restricted from land disposal under 35 Ill. Adm. Code 728.
26    (i) Before issuing any RCRA permit, any permit for a waste

 

 

09800HB2907ham001- 26 -LRB098 06257 JDS 43166 a

1storage site, sanitary landfill, waste disposal site, waste
2transfer station, waste treatment facility, waste incinerator,
3or any waste-transportation operation, or any permit or interim
4authorization for a clean construction or demolition debris
5fill operation, the Agency shall conduct an evaluation of the
6prospective owner's or operator's prior experience in waste
7management operations and clean construction or demolition
8debris fill operations. The Agency may deny such a permit, or
9deny or revoke interim authorization, if the prospective owner
10or operator or any employee or officer of the prospective owner
11or operator has a history of:
12        (1) repeated violations of federal, State, or local
13    laws, regulations, standards, or ordinances in the
14    operation of waste management facilities or sites or clean
15    construction or demolition debris fill operation
16    facilities or sites; or
17        (2) conviction in this or another State of any crime
18    which is a felony under the laws of this State, or
19    conviction of a felony in a federal court; or conviction in
20    this or another state or federal court of any of the
21    following crimes: forgery, official misconduct, bribery,
22    perjury, or knowingly submitting false information under
23    any environmental law, regulation, or permit term or
24    condition; or
25        (3) proof of gross carelessness or incompetence in
26    handling, storing, processing, transporting or disposing

 

 

09800HB2907ham001- 27 -LRB098 06257 JDS 43166 a

1    of waste or clean construction or demolition debris, or
2    proof of gross carelessness or incompetence in using clean
3    construction or demolition debris as fill.
4    (i-5) Before issuing any permit or approving any interim
5authorization for a clean construction or demolition debris
6fill operation in which any ownership interest is transferred
7between January 1, 2005, and the effective date of the
8prohibition set forth in Section 22.52 of this Act, the Agency
9shall conduct an evaluation of the operation if any previous
10activities at the site or facility may have caused or allowed
11contamination of the site. It shall be the responsibility of
12the owner or operator seeking the permit or interim
13authorization to provide to the Agency all of the information
14necessary for the Agency to conduct its evaluation. The Agency
15may deny a permit or interim authorization if previous
16activities at the site may have caused or allowed contamination
17at the site, unless such contamination is authorized under any
18permit issued by the Agency.
19    (j) The issuance under this Act of a permit to engage in
20the surface mining of any resources other than fossil fuels
21shall not relieve the permittee from its duty to comply with
22any applicable local law regulating the commencement, location
23or operation of surface mining facilities.
24    (k) A development permit issued under subsection (a) of
25Section 39 for any facility or site which is required to have a
26permit under subsection (d) of Section 21 shall expire at the

 

 

09800HB2907ham001- 28 -LRB098 06257 JDS 43166 a

1end of 2 calendar years from the date upon which it was issued,
2unless within that period the applicant has taken action to
3develop the facility or the site. In the event that review of
4the conditions of the development permit is sought pursuant to
5Section 40 or 41, or permittee is prevented from commencing
6development of the facility or site by any other litigation
7beyond the permittee's control, such two-year period shall be
8deemed to begin on the date upon which such review process or
9litigation is concluded.
10    (l) No permit shall be issued by the Agency under this Act
11for construction or operation of any facility or site located
12within the boundaries of any setback zone established pursuant
13to this Act, where such construction or operation is
14prohibited.
15    (m) The Agency may issue permits to persons owning or
16operating a facility for composting landscape waste. In
17granting such permits, the Agency may impose such conditions as
18may be necessary to accomplish the purposes of this Act, and as
19are not inconsistent with applicable regulations promulgated
20by the Board. Except as otherwise provided in this Act, a bond
21or other security shall not be required as a condition for the
22issuance of a permit. If the Agency denies any permit pursuant
23to this subsection, the Agency shall transmit to the applicant
24within the time limitations of this subsection specific,
25detailed statements as to the reasons the permit application
26was denied. Such statements shall include but not be limited to

 

 

09800HB2907ham001- 29 -LRB098 06257 JDS 43166 a

1the following:
2        (1) the Sections of this Act that may be violated if
3    the permit were granted;
4        (2) the specific regulations promulgated pursuant to
5    this Act that may be violated if the permit were granted;
6        (3) the specific information, if any, the Agency deems
7    the applicant did not provide in its application to the
8    Agency; and
9        (4) a statement of specific reasons why the Act and the
10    regulations might be violated if the permit were granted.
11    If no final action is taken by the Agency within 90 days
12after the filing of the application for permit, the applicant
13may deem the permit issued. Any applicant for a permit may
14waive the 90 day limitation by filing a written statement with
15the Agency.
16    The Agency shall issue permits for such facilities upon
17receipt of an application that includes a legal description of
18the site, a topographic map of the site drawn to the scale of
19200 feet to the inch or larger, a description of the operation,
20including the area served, an estimate of the volume of
21materials to be processed, and documentation that:
22        (1) the facility includes a setback of at least 200
23    feet from the nearest potable water supply well;
24        (2) the facility is located outside the boundary of the
25    10-year floodplain or the site will be floodproofed;
26        (3) the facility is located so as to minimize

 

 

09800HB2907ham001- 30 -LRB098 06257 JDS 43166 a

1    incompatibility with the character of the surrounding
2    area, including at least a 200 foot setback from any
3    residence, and in the case of a facility that is developed
4    or the permitted composting area of which is expanded after
5    November 17, 1991, the composting area is located at least
6    1/8 mile from the nearest residence (other than a residence
7    located on the same property as the facility);
8        (4) the design of the facility will prevent any compost
9    material from being placed within 5 feet of the water
10    table, will adequately control runoff from the site, and
11    will collect and manage any leachate that is generated on
12    the site;
13        (5) the operation of the facility will include
14    appropriate dust and odor control measures, limitations on
15    operating hours, appropriate noise control measures for
16    shredding, chipping and similar equipment, management
17    procedures for composting, containment and disposal of
18    non-compostable wastes, procedures to be used for
19    terminating operations at the site, and recordkeeping
20    sufficient to document the amount of materials received,
21    composted and otherwise disposed of; and
22        (6) the operation will be conducted in accordance with
23    any applicable rules adopted by the Board.
24    The Agency shall issue renewable permits of not longer than
2510 years in duration for the composting of landscape wastes, as
26defined in Section 3.155 of this Act, based on the above

 

 

09800HB2907ham001- 31 -LRB098 06257 JDS 43166 a

1requirements.
2    The operator of any facility permitted under this
3subsection (m) must submit a written annual statement to the
4Agency on or before April 1 of each year that includes an
5estimate of the amount of material, in tons, received for
6composting.
7    (n) The Agency shall issue permits jointly with the
8Department of Transportation for the dredging or deposit of
9material in Lake Michigan in accordance with Section 18 of the
10Rivers, Lakes, and Streams Act.
11    (o) (Blank.)
12    (p) (1) Any person submitting an application for a permit
13for a new MSWLF unit or for a lateral expansion under
14subsection (t) of Section 21 of this Act for an existing MSWLF
15unit that has not received and is not subject to local siting
16approval under Section 39.2 of this Act shall publish notice of
17the application in a newspaper of general circulation in the
18county in which the MSWLF unit is or is proposed to be located.
19The notice must be published at least 15 days before submission
20of the permit application to the Agency. The notice shall state
21the name and address of the applicant, the location of the
22MSWLF unit or proposed MSWLF unit, the nature and size of the
23MSWLF unit or proposed MSWLF unit, the nature of the activity
24proposed, the probable life of the proposed activity, the date
25the permit application will be submitted, and a statement that
26persons may file written comments with the Agency concerning

 

 

09800HB2907ham001- 32 -LRB098 06257 JDS 43166 a

1the permit application within 30 days after the filing of the
2permit application unless the time period to submit comments is
3extended by the Agency.
4    When a permit applicant submits information to the Agency
5to supplement a permit application being reviewed by the
6Agency, the applicant shall not be required to reissue the
7notice under this subsection.
8    (2) The Agency shall accept written comments concerning the
9permit application that are postmarked no later than 30 days
10after the filing of the permit application, unless the time
11period to accept comments is extended by the Agency.
12    (3) Each applicant for a permit described in part (1) of
13this subsection shall file a copy of the permit application
14with the county board or governing body of the municipality in
15which the MSWLF unit is or is proposed to be located at the
16same time the application is submitted to the Agency. The
17permit application filed with the county board or governing
18body of the municipality shall include all documents submitted
19to or to be submitted to the Agency, except trade secrets as
20determined under Section 7.1 of this Act. The permit
21application and other documents on file with the county board
22or governing body of the municipality shall be made available
23for public inspection during regular business hours at the
24office of the county board or the governing body of the
25municipality and may be copied upon payment of the actual cost
26of reproduction.

 

 

09800HB2907ham001- 33 -LRB098 06257 JDS 43166 a

1    (q) Within 6 months after the effective date of this
2amendatory Act of the 97th General Assembly, the Agency, in
3consultation with the regulated community, shall develop a web
4portal to be posted on its website for the purpose of enhancing
5review and promoting timely issuance of permits required by
6this Act. At a minimum, the Agency shall make the following
7information available on the web portal:
8        (1) Checklists and guidance relating to the completion
9    of permit applications, developed pursuant to subsection
10    (s) of this Section, which may include, but are not limited
11    to, existing instructions for completing the applications
12    and examples of complete applications. As the Agency
13    develops new checklists and develops guidance, it shall
14    supplement the web portal with those materials.
15        (2) Within 2 years after the effective date of this
16    amendatory Act of the 97th General Assembly, permit
17    application forms or portions of permit applications that
18    can be completed and saved electronically, and submitted to
19    the Agency electronically with digital signatures.
20        (3) Within 2 years after the effective date of this
21    amendatory Act of the 97th General Assembly, an online
22    tracking system where an applicant may review the status of
23    its pending application, including the name and contact
24    information of the permit analyst assigned to the
25    application. Until the online tracking system has been
26    developed, the Agency shall post on its website semi-annual

 

 

09800HB2907ham001- 34 -LRB098 06257 JDS 43166 a

1    permitting efficiency tracking reports that include
2    statistics on the timeframes for Agency action on the
3    following types of permits received after the effective
4    date of this amendatory Act of the 97th General Assembly:
5    air construction permits, new NPDES permits and associated
6    water construction permits, and modifications of major
7    NPDES permits and associated water construction permits.
8    The reports must be posted by February 1 and August 1 each
9    year and shall include:
10            (A) the number of applications received for each
11        type of permit, the number of applications on which the
12        Agency has taken action, and the number of applications
13        still pending; and
14            (B) for those applications where the Agency has not
15        taken action in accordance with the timeframes set
16        forth in this Act, the date the application was
17        received and the reasons for any delays, which may
18        include, but shall not be limited to, (i) the
19        application being inadequate or incomplete, (ii)
20        scientific or technical disagreements with the
21        applicant, USEPA, or other local, state, or federal
22        agencies involved in the permitting approval process,
23        (iii) public opposition to the permit, or (iv) Agency
24        staffing shortages. To the extent practicable, the
25        tracking report shall provide approximate dates when
26        cause for delay was identified by the Agency, when the

 

 

09800HB2907ham001- 35 -LRB098 06257 JDS 43166 a

1        Agency informed the applicant of the problem leading to
2        the delay, and when the applicant remedied the reason
3        for the delay.
4    (r) Upon the request of the applicant, the Agency shall
5notify the applicant of the permit analyst assigned to the
6application upon its receipt.
7    (s) The Agency is authorized to prepare and distribute
8guidance documents relating to its administration of this
9Section and procedural rules implementing this Section.
10Guidance documents prepared under this subsection shall not be
11considered rules and shall not be subject to the Illinois
12Administrative Procedure Act. Such guidance shall not be
13binding on any party.
14    (t) Except as otherwise prohibited by federal law or
15regulation, any person submitting an application for a permit
16may include with the application suggested permit language for
17Agency consideration. The Agency is not obligated to use the
18suggested language or any portion thereof in its permitting
19decision. If requested by the permit applicant, the Agency
20shall meet with the applicant to discuss the suggested
21language.
22    (u) If requested by the permit applicant, the Agency shall
23provide the permit applicant with a copy of the draft permit
24prior to any public review period.
25    (v) If requested by the permit applicant, the Agency shall
26provide the permit applicant with a copy of the final permit

 

 

09800HB2907ham001- 36 -LRB098 06257 JDS 43166 a

1prior to its issuance.
2    (w) An air pollution permit shall not be required due to
3emissions of greenhouse gases, as specified by Section 9.15 of
4this Act.
5(Source: P.A. 97-95, eff. 7-12-11.)
 
6    (415 ILCS 5/39.2)  (from Ch. 111 1/2, par. 1039.2)
7    Sec. 39.2. Local siting review.
8    (a) The appropriate governing bodies county board of the
9county or the governing body of the municipality, as determined
10by paragraph (c) of Section 39 of this Act, shall approve or
11disapprove the request for local siting approval for each
12pollution control facility which is subject to such review. An
13applicant for local siting approval shall submit sufficient
14details describing the proposed facility to demonstrate
15compliance, and local siting approval shall be granted only if
16the proposed facility meets the following criteria:
17        (i) the facility is necessary to accommodate the waste
18    needs of the area it is intended to serve;
19        (ii) the facility is so designed, located and proposed
20    to be operated that the public health, safety and welfare
21    will be protected;
22        (iii) the facility is located so as to minimize
23    incompatibility with the character of the surrounding area
24    and to minimize the effect on the value of the surrounding
25    property;

 

 

09800HB2907ham001- 37 -LRB098 06257 JDS 43166 a

1        (iv) (A) for a facility other than a sanitary landfill
2    or waste disposal site, the facility is located outside the
3    boundary of the 100 year flood plain or the site is
4    flood-proofed; (B) for a facility that is a sanitary
5    landfill or waste disposal site, the facility is located
6    outside the boundary of the 100-year floodplain, or if the
7    facility is a facility described in subsection (b)(3) of
8    Section 22.19a, the site is flood-proofed;
9        (v) the plan of operations for the facility is designed
10    to minimize the danger to the surrounding area from fire,
11    spills, or other operational accidents;
12        (vi) the traffic patterns to or from the facility are
13    so designed as to minimize the impact on existing traffic
14    flows;
15        (vii) if the facility will be treating, storing or
16    disposing of hazardous waste, an emergency response plan
17    exists for the facility which includes notification,
18    containment and evacuation procedures to be used in case of
19    an accidental release;
20        (viii) if the facility is to be located in a county
21    where the county board has adopted a solid waste management
22    plan consistent with the planning requirements of the Local
23    Solid Waste Disposal Act or the Solid Waste Planning and
24    Recycling Act, the facility is consistent with that plan;
25    for purposes of this criterion (viii), the "solid waste
26    management plan" means the plan that is in effect as of the

 

 

09800HB2907ham001- 38 -LRB098 06257 JDS 43166 a

1    date the application for siting approval is filed; and
2        (ix) if the facility will be located within a regulated
3    recharge area, any applicable requirements specified by
4    the Board for such areas have been met.
5    The appropriate governing bodies county board or the
6governing body of the municipality may also consider as
7evidence the previous operating experience and past record of
8convictions or admissions of violations of the applicant (and
9any subsidiary or parent corporation) in the field of solid
10waste management when considering criteria (ii) and (v) under
11this Section.
12    If the facility is subject to the location restrictions in
13Section 22.14 of this Act, compliance with that Section shall
14be determined as of the date the application for siting
15approval is filed.
16    (b) No later than 14 days before the date on which the
17governing body county board or governing body of the
18municipality receives a request for site approval, the
19applicant shall cause written notice of such request to be
20served either in person or by registered mail, return receipt
21requested, on the owners of all property within the subject
22area not solely owned by the applicant, and on the owners of
23all property within 250 feet in each direction of the lot line
24of the subject property, said owners being such persons or
25entities which appear from the authentic tax records of the
26County in which such facility is to be located; provided, that

 

 

09800HB2907ham001- 39 -LRB098 06257 JDS 43166 a

1the number of all feet occupied by all public roads, streets,
2alleys and other public ways shall be excluded in computing the
3250 feet requirement; provided further, that in no event shall
4this requirement exceed 400 feet, including public streets,
5alleys and other public ways.
6    Such written notice shall also be served upon members of
7the General Assembly from the legislative district in which the
8proposed facility is located and shall be published in a
9newspaper of general circulation published in the county in
10which the site is located.
11    Such notice shall state the name and address of the
12applicant, the location of the proposed site, the nature and
13size of the development, the nature of the activity proposed,
14the probable life of the proposed activity, the date when the
15request for site approval will be submitted, and a description
16of the right of persons to comment on such request as hereafter
17provided.
18    (c) An applicant shall file a copy of its request with the
19appropriate governing bodies county board of the county or the
20governing body of the municipality in which the proposed site
21is located. The request shall include (i) the substance of the
22applicant's proposal and (ii) all documents, if any, submitted
23as of that date to the Agency pertaining to the proposed
24facility, except trade secrets as determined under Section 7.1
25of this Act. All such documents or other materials on file with
26the county board or governing body of the municipality shall be

 

 

09800HB2907ham001- 40 -LRB098 06257 JDS 43166 a

1made available for public inspection at the office of the
2county board or the governing body of the municipality and may
3be copied upon payment of the actual cost of reproduction.
4    Any person may file written comment with the appropriate
5governing bodies county board or governing body of the
6municipality concerning the appropriateness of the proposed
7site for its intended purpose. The appropriate governing bodies
8county board or governing body of the municipality shall
9consider any comment received or postmarked not later than 30
10days after the date of the last public hearing.
11    (d) At least one public hearing is to be held by the
12appropriate governing bodies county board or governing body of
13the municipality no sooner than 90 days but no later than 120
14days after the date on which it received the request for site
15approval. No later than 14 days prior to such hearing, notice
16shall be published in a newspaper of general circulation
17published in the county of the proposed site, and delivered by
18certified mail to all members of the General Assembly from the
19district in which the proposed site is located, to the
20governing authority of every municipality contiguous to the
21proposed site or contiguous to the municipality in which the
22proposed site is to be located, to the county board of the
23county where the proposed site is to be located, if the
24proposed site is located within the boundaries of a
25municipality, and to the Agency. Members or representatives of
26the governing authority of a municipality contiguous to the

 

 

09800HB2907ham001- 41 -LRB098 06257 JDS 43166 a

1proposed site or contiguous to the municipality in which the
2proposed site is to be located and, if the proposed site is
3located in a municipality, members or representatives of the
4county board of a county in which the proposed site is to be
5located may appear at and participate in public hearings held
6pursuant to this Section. The public hearing shall develop a
7record sufficient to form the basis of appeal of the decision
8in accordance with Section 40.1 of this Act. The fact that a
9member of a the county board or governing body of a the
10municipality has publicly expressed an opinion on an issue
11related to a site review proceeding shall not preclude the
12member from taking part in the proceeding and voting on the
13issue.
14    (e) Decisions of the appropriate governing bodies county
15board or governing body of the municipality are to be in
16writing, specifying the reasons for the decision, such reasons
17to be in conformance with subsection (a) of this Section. In
18granting approval for a site the appropriate governing bodies
19county board or governing body of the municipality may impose
20such conditions as may be reasonable and necessary to
21accomplish the purposes of this Section and as are not
22inconsistent with regulations promulgated by the Board. Such
23decision shall be available for public inspection at the office
24of the county board or governing body of the municipality and
25may be copied upon payment of the actual cost of reproduction.
26If there is no final action by the appropriate governing bodies

 

 

09800HB2907ham001- 42 -LRB098 06257 JDS 43166 a

1county board or governing body of the municipality within 180
2days after the date on which it received the request for site
3approval, the applicant may deem the request approved.
4    At any time prior to completion by the applicant of the
5presentation of the applicant's factual evidence and an
6opportunity for cross-questioning by the appropriate governing
7bodies county board or governing body of the municipality and
8any participants, the applicant may file not more than one
9amended application upon payment of additional fees pursuant to
10subsection (k); in which case the time limitation for final
11action set forth in this subsection (e) shall be extended for
12an additional period of 90 days.
13    If, prior to making a final local siting decision, a county
14board or governing body of a municipality has negotiated and
15entered into a host agreement with the local siting applicant,
16the terms and conditions of the host agreement, whether written
17or oral, shall be disclosed and made a part of the hearing
18record for that local siting proceeding. In the case of an oral
19agreement, the disclosure shall be made in the form of a
20written summary jointly prepared and submitted by the county
21board or governing body of the municipality and the siting
22applicant and shall describe the terms and conditions of the
23oral agreement.
24    (e-5) Siting approval obtained pursuant to this Section is
25transferable and may be transferred to a subsequent owner or
26operator. In the event that siting approval has been

 

 

09800HB2907ham001- 43 -LRB098 06257 JDS 43166 a

1transferred to a subsequent owner or operator, that subsequent
2owner or operator assumes and takes subject to any and all
3conditions imposed upon the prior owner or operator by the
4county board of the county or governing body of the
5municipality pursuant to subsection (e). However, any such
6conditions imposed pursuant to this Section may be modified by
7agreement between the subsequent owner or operator and the
8appropriate county board or governing body. Further, in the
9event that siting approval obtained pursuant to this Section
10has been transferred to a subsequent owner or operator, that
11subsequent owner or operator assumes all rights and obligations
12and takes the facility subject to any and all terms and
13conditions of any existing host agreement between the prior
14owner or operator and the appropriate county board or governing
15body.
16    (f) A local siting approval granted under this Section
17shall expire at the end of 2 calendar years from the date upon
18which it was granted, unless the local siting approval granted
19under this Section is for a sanitary landfill operation, in
20which case the approval shall expire at the end of 3 calendar
21years from the date upon which it was granted, and unless
22within that period the applicant has made application to the
23Agency for a permit to develop the site. In the event that the
24local siting decision has been appealed, such expiration period
25shall be deemed to begin on the date upon which the appeal
26process is concluded.

 

 

09800HB2907ham001- 44 -LRB098 06257 JDS 43166 a

1    Except as otherwise provided in this subsection, upon the
2expiration of a development permit under subsection (k) of
3Section 39, any associated local siting approval granted for
4the facility under this Section shall also expire.
5    If a first development permit for a municipal waste
6incineration facility expires under subsection (k) of Section
739 after September 30, 1989 due to circumstances beyond the
8control of the applicant, any associated local siting approval
9granted for the facility under this Section may be used to
10fulfill the local siting approval requirement upon application
11for a second development permit for the same site, provided
12that the proposal in the new application is materially the
13same, with respect to the criteria in subsection (a) of this
14Section, as the proposal that received the original siting
15approval, and application for the second development permit is
16made before January 1, 1990.
17    (g) The siting approval procedures, criteria and appeal
18procedures provided for in this Act for new pollution control
19facilities shall be the exclusive siting procedures and rules
20and appeal procedures for facilities subject to such
21procedures. Local zoning or other local land use requirements
22shall not be applicable to such siting decisions.
23    (h) Nothing in this Section shall apply to any existing or
24new pollution control facility located within the corporate
25limits of a municipality with a population of over 1,000,000.
26    (i) (Blank.)

 

 

09800HB2907ham001- 45 -LRB098 06257 JDS 43166 a

1    The Board shall adopt regulations establishing the
2geologic and hydrologic siting criteria necessary to protect
3usable groundwater resources which are to be followed by the
4Agency in its review of permit applications for new pollution
5control facilities. Such regulations, insofar as they apply to
6new pollution control facilities authorized to store, treat or
7dispose of any hazardous waste, shall be at least as stringent
8as the requirements of the Resource Conservation and Recovery
9Act and any State or federal regulations adopted pursuant
10thereto.
11    (j) Any new pollution control facility which has never
12obtained local siting approval under the provisions of this
13Section shall be required to obtain such approval after a final
14decision on an appeal of a permit denial.
15    (k) A county board or governing body of a municipality may
16charge applicants for siting review under this Section a
17reasonable fee to cover the reasonable and necessary costs
18incurred by such county or municipality in the siting review
19process.
20    (l) The governing Authority as determined by subsection (c)
21of Section 39 of this Act may request the Department of
22Transportation to perform traffic impact studies of proposed or
23potential locations for required pollution control facilities.
24    (m) An applicant may not file a request for local siting
25approval which is substantially the same as a request which was
26disapproved pursuant to a finding against the applicant under

 

 

09800HB2907ham001- 46 -LRB098 06257 JDS 43166 a

1any of criteria (i) through (ix) of subsection (a) of this
2Section within the preceding 2 years.
3    (n) In any review proceeding of a decision of the county
4board or governing body of a municipality made pursuant to the
5local siting review process, the petitioner in the review
6proceeding shall pay to the county or municipality the cost of
7preparing and certifying the record of proceedings. Should the
8petitioner in the review proceeding fail to make payment, the
9provisions of Section 3-109 of the Code of Civil Procedure
10shall apply.
11    In the event the petitioner is a citizens' group that
12participated in the siting proceeding and is so located as to
13be affected by the proposed facility, such petitioner shall be
14exempt from paying the costs of preparing and certifying the
15record.
16    (o) Notwithstanding any other provision of this Section, a
17transfer station used exclusively for landscape waste, where
18landscape waste is held no longer than 24 hours from the time
19it was received, is not subject to the requirements of local
20siting approval under this Section, but is subject only to
21local zoning approval.
22(Source: P.A. 94-591, eff. 8-15-05; 95-288, eff. 8-20-07.)
 
23    (415 ILCS 5/39.2a new)
24    Sec. 39.2a. Operational approval for PCB facilities
25affecting community water supplies. Notwithstanding any other

 

 

09800HB2907ham001- 47 -LRB098 06257 JDS 43166 a

1provision of this Act, in order to protect the public health,
2safety, and welfare of the people of the State of Illinois,
3beginning on the effective date of this amendatory Act of the
498th General Assembly, no site or facility for the treatment,
5storage, or disposal of polychlorinated biphenyls (PCBs) or PCB
6Items regulated under Subpart D of 40 C.F.R. 761 that is
7located less than 500 feet above an aquifer that currently
8provides the only source of potable water for a community water
9supply shall commence or continue treating, storing, disposing
10of, or accepting for treatment, storage, or disposal any
11polychlorinated biphenyls (PCBs) or PCB Items unless the owner
12or operator of that site or facility submits proof to the
13Agency that the operation of the facility on and after the
14effective date of this amendatory Act of the 98th General
15Assembly has been approved by ordinances duly adopted by the
16county board of each county located, in or whole in part,
17within the aquifer's boundaries and the governing body of each
18municipality located, in or whole or part, within the aquifer's
19boundaries.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".