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90_SB0348ham003
LRB9002369DPcwam04
1 AMENDMENT TO SENATE BILL 348
2 AMENDMENT NO. . Amend Senate Bill 348 on page 1, in
3 lines 2 and 6, by replacing "Section 58.9", each time it
4 appears, with "Sections 39.2 and 58.9"; and
5 on page 1, below line 6, by inserting the following:
6 "(415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
7 Sec. 39.2. Local siting.
8 (a) The county board of the county or the governing body
9 of the municipality, as determined by paragraph (c) of
10 Section 39 of this Act, shall approve or disapprove the
11 request for local siting approval for each pollution control
12 facility which is subject to such review. An applicant for
13 local siting approval shall submit sufficient details
14 describing the proposed facility to demonstrate compliance,
15 and local siting approval shall be granted only if the
16 proposed facility meets the following criteria:
17 (i) the facility is necessary to accommodate the
18 waste needs of the area it is intended to serve;
19 (ii) the facility is so designed, located and
20 proposed to be operated that the public health, safety
21 and welfare will be protected;
22 (iii) the facility is located so as to minimize
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1 incompatibility with the character of the surrounding
2 area and to minimize the effect on the value of the
3 surrounding property;
4 (iv) the facility is located outside the boundary
5 of the 100 year flood plain or the site is flood-proofed;
6 (v) the plan of operations for the facility is
7 designed to minimize the danger to the surrounding area
8 from fire, spills, or other operational accidents;
9 (vi) the traffic patterns to or from the facility
10 are so designed as to minimize the impact on existing
11 traffic flows;
12 (vii) if the facility will be treating, storing or
13 disposing of hazardous waste, an emergency response plan
14 exists for the facility which includes notification,
15 containment and evacuation procedures to be used in case
16 of an accidental release;
17 (viii) if the facility is to be located in a county
18 where the county board has adopted a solid waste
19 management plan consistent with the planning requirements
20 of the Local Solid Waste Disposal Act or the Solid Waste
21 Planning and Recycling Act, the facility is consistent
22 with that plan; and
23 (ix) if the facility will be located within a
24 regulated recharge area, any applicable requirements
25 specified by the Board for such areas have been met; and.
26 (x) the proposed site for a new or expanded
27 sanitary landfill or waste disposal site (1) is not
28 located above an aquifer or groundwater source that may
29 be used to supply drinking water for human consumption,
30 (2) is not located within one-half mile of 3 or more
31 community water supply wells, and (3) does not overlie
32 permeable bedrock or thick permeable sand and gravel
33 within 20 feet of the land surface. The applicant shall
34 provide to the county board or governing body of the
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1 municipality soil boring results and other appropriate
2 test results to establish whether the soil below the
3 proposed site has those characteristics.
4 The county board or the governing body of the
5 municipality may also consider as evidence the previous
6 operating experience and past record of convictions or
7 admissions of violations of the applicant (and any subsidiary
8 or parent corporation) in the field of solid waste management
9 when considering criteria (ii) and (v) under this Section.
10 (b) No later than 14 days prior to a request for
11 location approval the applicant shall cause written notice of
12 such request to be served either in person or by registered
13 mail, return receipt requested, on the owners of all property
14 within the subject area not solely owned by the applicant,
15 and on the owners of all property within 250 feet in each
16 direction of the lot line of the subject property, said
17 owners being such persons or entities which appear from the
18 authentic tax records of the County in which such facility is
19 to be located; provided, that the number of all feet occupied
20 by all public roads, streets, alleys and other public ways
21 shall be excluded in computing the 250 feet requirement;
22 provided further, that in no event shall this requirement
23 exceed 400 feet, including public streets, alleys and other
24 public ways.
25 Such written notice shall also be served upon members of
26 the General Assembly from the legislative district in which
27 the proposed facility is located and shall be published in a
28 newspaper of general circulation published in the county in
29 which the site is located.
30 Such notice shall state the name and address of the
31 applicant, the location of the proposed site, the nature and
32 size of the development, the nature of the activity proposed,
33 the probable life of the proposed activity, the date when the
34 request for site approval will be submitted, and a
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1 description of the right of persons to comment on such
2 request as hereafter provided.
3 (c) An applicant shall file a copy of its request with
4 the county board of the county or the governing body of the
5 municipality in which the proposed site is located. The
6 request shall include (i) the substance of the applicant's
7 proposal and (ii) all documents, if any, submitted as of that
8 date to the Agency pertaining to the proposed facility,
9 except trade secrets as determined under Section 7.1 of this
10 Act. All such documents or other materials on file with the
11 county board or governing body of the municipality shall be
12 made available for public inspection at the office of the
13 county board or the governing body of the municipality and
14 may be copied upon payment of the actual cost of
15 reproduction.
16 Any person may file written comment with the county board
17 or governing body of the municipality concerning the
18 appropriateness of the proposed site for its intended
19 purpose. The county board or governing body of the
20 municipality shall consider any comment received or
21 postmarked not later than 30 days after the date of the last
22 public hearing.
23 (d) At least one public hearing is to be held by the
24 county board or governing body of the municipality no sooner
25 than 90 days but no later than 120 days from receipt of the
26 request for site approval, such hearing to be preceded by
27 published notice in a newspaper of general circulation
28 published in the county of the proposed site, and notice by
29 certified mail to all members of the General Assembly from
30 the district in which the proposed site is located, to the
31 governing authority of every municipality contiguous to the
32 proposed site or contiguous to the municipality in which the
33 proposed site is to be located, and to the Agency. The public
34 hearing shall develop a record sufficient to form the basis
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1 of appeal of the decision in accordance with Section 40.1 of
2 this Act. The fact that a member of the county board or
3 governing body of the municipality has publicly expressed an
4 opinion on an issue related to a site review proceeding shall
5 not preclude the member from taking part in the proceeding
6 and voting on the issue.
7 (e) Decisions of the county board or governing body of
8 the municipality are to be in writing, specifying the reasons
9 for the decision, such reasons to be in conformance with
10 subsection (a) of this Section. In granting approval for a
11 site the county board or governing body of the municipality
12 may impose such conditions as may be reasonable and necessary
13 to accomplish the purposes of this Section and as are not
14 inconsistent with regulations promulgated by the Board. Such
15 decision shall be available for public inspection at the
16 office of the county board or governing body of the
17 municipality and may be copied upon payment of the actual
18 cost of reproduction. If there is no final action by the
19 county board or governing body of the municipality within 180
20 days after the filing of the request for site approval the
21 applicant may deem the request approved.
22 At any time prior to completion by the applicant of the
23 presentation of the applicant's factual evidence and an
24 opportunity for cross-questioning by the county board or
25 governing body of the municipality and any participants, the
26 applicant may file not more than one amended application upon
27 payment of additional fees pursuant to subsection (k); in
28 which case the time limitation for final action set forth in
29 this subsection (e) shall be extended for an additional
30 period of 90 days.
31 (f) A local siting approval granted under this Section
32 shall expire at the end of 2 calendar years from the date
33 upon which it was granted, unless the local siting approval
34 granted under this Section is for a sanitary landfill
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1 operation, in which case the approval shall expire at the end
2 of 3 calendar years from the date upon which it was granted,
3 and unless within that period the applicant has made
4 application to the Agency for a permit to develop the site.
5 In the event that the local siting decision has been
6 appealed, such expiration period shall be deemed to begin on
7 the date upon which the appeal process is concluded.
8 Except as otherwise provided in this subsection, upon the
9 expiration of a development permit under subsection (k) of
10 Section 39, any associated local siting approval granted for
11 the facility under this Section shall also expire.
12 If a first development permit for a municipal waste
13 incineration facility expires under subsection (k) of Section
14 39 after September 30, 1989 due to circumstances beyond the
15 control of the applicant, any associated local siting
16 approval granted for the facility under this Section may be
17 used to fulfill the local siting approval requirement upon
18 application for a second development permit for the same
19 site, provided that the proposal in the new application is
20 materially the same, with respect to the criteria in
21 subsection (a) of this Section, as the proposal that received
22 the original siting approval, and application for the second
23 development permit is made before January 1, 1990.
24 (g) The siting approval procedures, criteria and appeal
25 procedures provided for in this Act for new pollution control
26 facilities shall be the exclusive siting procedures and rules
27 and appeal procedures for facilities subject to such
28 procedures. Local zoning or other local land use requirements
29 shall not be applicable to such siting decisions.
30 (h) Nothing in this Section shall apply to any existing
31 or new pollution control facility located within the
32 corporate limits of a municipality with a population of over
33 1,000,000.
34 (i) The Department shall make a study of technical
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1 considerations relating to the siting of new pollution
2 control facilities. Such study shall include, but need not be
3 limited to, a determination of the geologic and hydrologic
4 conditions in the State most suitable for the siting of such
5 facilities, the establishment of a data base on such
6 conditions in Illinois, and recommendations for the
7 establishment of technical guidelines and criteria to be used
8 in making such siting decisions. The Department shall report
9 such study and recommendations to the General Assembly, the
10 Governor, the Board and the public no later than October 1,
11 1984.
12 The Board shall adopt regulations establishing the
13 geologic and hydrologic siting criteria necessary to protect
14 usable groundwater resources which are to be followed by the
15 Agency in its review of permit applications for new pollution
16 control facilities. Such regulations, insofar as they apply
17 to new pollution control facilities authorized to store,
18 treat or dispose of any hazardous waste, shall be at least as
19 stringent as the requirements of the Resource Conservation
20 and Recovery Act and any State or federal regulations adopted
21 pursuant thereto.
22 (j) Any new pollution control facility which has never
23 obtained local siting approval under the provisions of this
24 Section shall be required to obtain such approval after a
25 final decision on an appeal of a permit denial.
26 (k) A county board or governing body of a municipality
27 may charge applicants for siting review under this Section a
28 reasonable fee to cover the reasonable and necessary costs
29 incurred by such county or municipality in the siting review
30 process.
31 (l) The governing Authority as determined by subsection
32 (c) of Section 39 of this Act may request the Department of
33 Transportation to perform traffic impact studies of proposed
34 or potential locations for required pollution control
-8- LRB9002369DPcwam04
1 facilities.
2 (m) An applicant may not file a request for local siting
3 approval which is substantially the same as a request which
4 was disapproved pursuant to a finding against the applicant
5 under any of criteria (i) through (ix) of subsection (a) of
6 this Section within the preceding 2 years.
7 (n) In any review proceeding of a decision of the county
8 board or governing body of a municipality made pursuant to
9 the local siting review process, the petitioner in the review
10 proceeding shall pay to the county or municipality the cost
11 of preparing and certifying the record of proceedings.
12 Should the petitioner in the review proceeding fail to make
13 payment, the provisions of Section 3-109 of the Code of Civil
14 Procedure shall apply.
15 In the event the petitioner is a citizens' group that
16 participated in the siting proceeding and is so located as to
17 be affected by the proposed facility, such petitioner shall
18 be exempt from paying the costs of preparing and certifying
19 the record.
20 (o) Notwithstanding any other provision of this Section,
21 a transfer station used exclusively for landscape waste,
22 where landscape waste is held no longer than 24 hours from
23 the time it was received, is not subject to the requirements
24 of local siting approval under this Section, but is subject
25 only to local zoning approval.
26 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
27 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
28 8-9-96.)".