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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_SB0496eng SB496 Engrossed LRB9102489LDpk 1 AN ACT to amend the Environmental Protection Act by 2 changing Sections 22.19a, 22.19b, and 39.2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Protection Act is amended 6 by changing Sections 22.19a, 22.19b, and 39.2 as follows: 7 (415 ILCS 5/22.19a) 8 Sec. 22.19a. Floodplain. 9 (a) On and after January 1, 1998, no sanitary landfill 10 or waste disposal site that is a pollution control facility, 11 or any part of a sanitary landfill or waste disposal site 12 that is a pollution control facility, may be located within 13 the boundary of the 100-year floodplain. 14 (b) Subsection (a) shall not apply to the following: 15 (1) a sanitary landfill or waste disposal site 16 initially permitted for development or construction by 17 the Agency before August 19,the effective date of this18amendatory Act of1997; 19 (2) a sanitary landfill or waste disposal site for 20 which local siting approval has been granted before 21 August 19,the effective date of this amendatory Act of22 1997;or23 (3) the area of expansion beyond the boundary of a 24 currently permitted sanitary landfill or waste disposal 25 site, provided that the area of expansion is, on August 26 19,the effective date of this amendatory Act of1997, 27 owned by the owner or operator of the currently sited or 28 permitted sanitary landfill or waste site to which the 29 area of expansion is adjacent; or 30 (4) a sanitary landfill or waste disposal site that 31 is a pollution control facility that ceased accepting SB496 Engrossed -2- LRB9102489LDpk 1 waste on or before August 19, 1997 or any part of a 2 sanitary landfill or waste disposal site that is a 3 pollution control facility that ceased accepting waste on 4 or before August 19, 1997. 5 (Source: P.A. 90-503, eff. 8-19-97.) 6 (415 ILCS 5/22.19b) 7 Sec. 22.19b. Financial assurance rules. 8 (a) Not later than June 30, 1998, the Agency shall 9 propose rules for those sanitary landfills and waste disposal 10 sites located within the boundary of the 100-year floodplain 11 pursuant to paragraph (3) of subsection (b) of Section 12 22.19a. The rules shall be limited to and prescribe 13 standards for financial assurance mechanisms equivalent to 14 the standards set forth in Title 35, Part 811, Subpart G of 15 the Illinois Administrative Code, as amended, to address the 16 risks posed by flooding to the integrity of a sanitary 17 landfill or waste disposal site located within the boundary 18 of the 100-year floodplain. The financial assurance 19 mechanisms shall be for a period of 100 years, beginning with 20 the commencement of the post-closure care period, and shall 21 apply to the portion of the facility located within the 22 boundary of the 100-year floodplain and to the portion of the 23 facility located outside the boundary of the 100-year 24 floodplain. 25 (b) Not later than 6 months after the receipt of the 26 Agency's proposed rules, the Board shall adopt rules for 27 those sanitary landfills and waste disposal sites located 28 within the boundary of the 100-year floodplain pursuant to 29 paragraph (3) of subsection (b) of Section 22.19a. The rules 30 shall be limited to, and prescribe standards for financial 31 assurance mechanisms equivalent to the standards set forth in 32 Title 35, Part 811, Subpart G of the Illinois Administrative 33 Code, as amended, to address the risks posed by flooding to SB496 Engrossed -3- LRB9102489LDpk 1 the integrity of a sanitary landfill or waste disposal site 2 located within the boundary of the 100-year floodplain. The 3 financial assurance mechanisms shall be for a period of 100 4 years, beginning with the commencement of the post-closure 5 care period, and shall apply to the portion of the facility 6 located within the boundary of the 100-year floodplain and to 7 the portion of the facility located outside the boundary of 8 the 100-year floodplain. 9 (c) Nothing in this Section shall be construed as 10 limiting the general authority of the Board to adopt rules 11 pursuant to Title VII of this Act. 12 (Source: P.A. 90-503, eff. 8-19-97.) 13 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2) 14 Sec. 39.2. Local siting review. 15 (a) The county board of the county or the governing body 16 of the municipality, as determined by paragraph (c) of 17 Section 39 of this Act, shall approve or disapprove the 18 request for local siting approval for each pollution control 19 facility which is subject to such review. An applicant for 20 local siting approval shall submit sufficient details 21 describing the proposed facility to demonstrate compliance, 22 and local siting approval shall be granted only if the 23 proposed facility meets the following criteria: 24 (i) the facility is necessary to accommodate the 25 waste needs of the area it is intended to serve; 26 (ii) the facility is so designed, located and 27 proposed to be operated that the public health, safety 28 and welfare will be protected; 29 (iii) the facility is located so as to minimize 30 incompatibility with the character of the surrounding 31 area and to minimize the effect on the value of the 32 surrounding property; 33 (iv) (A) for a facility other than a sanitary SB496 Engrossed -4- LRB9102489LDpk 1 landfill or waste disposal site, the facility is located 2 outside the boundary of the 100 year flood plain or the 3 site is flood-proofed; (B) for a facility that is a 4 sanitary landfill or waste disposal site, the facility is 5 located outside the boundary of the 100-year floodplain, 6 or if the facility is a facility described in subsection 7 (b)(3)subsection (b)of Section 22.19a, the site is 8 flood-proofed; 9 (v) the plan of operations for the facility is 10 designed to minimize the danger to the surrounding area 11 from fire, spills, or other operational accidents; 12 (vi) the traffic patterns to or from the facility 13 are so designed as to minimize the impact on existing 14 traffic 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 19 of 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 22 management plan consistent with the planning requirements 23 of the Local Solid Waste Disposal Act or the Solid Waste 24 Planning and Recycling Act, the facility is consistent 25 with that plan; and 26 (ix) if the facility will be located within a 27 regulated recharge area, any applicable requirements 28 specified by the Board for such areas have been met. 29 The county board or the governing body of the 30 municipality may also consider as evidence the previous 31 operating experience and past record of convictions or 32 admissions of violations of the applicant (and any subsidiary 33 or parent corporation) in the field of solid waste management 34 when considering criteria (ii) and (v) under this Section. SB496 Engrossed -5- LRB9102489LDpk 1 (b) No later than 14 days prior to a request for 2 location approval the applicant shall cause written notice of 3 such request to be served either in person or by registered 4 mail, return receipt requested, on the owners of all property 5 within the subject area not solely owned by the applicant, 6 and on the owners of all property within 250 feet in each 7 direction of the lot line of the subject property, said 8 owners being such persons or entities which appear from the 9 authentic tax records of the County in which such facility is 10 to be located; provided, that the number of all feet occupied 11 by all public roads, streets, alleys and other public ways 12 shall be excluded in computing the 250 feet requirement; 13 provided further, that in no event shall this requirement 14 exceed 400 feet, including public streets, alleys and other 15 public ways. 16 Such written notice shall also be served upon members of 17 the General Assembly from the legislative district in which 18 the proposed facility is located and shall be published in a 19 newspaper of general circulation published in the county in 20 which the site is located. 21 Such notice shall state the name and address of the 22 applicant, the location of the proposed site, the nature and 23 size of the development, the nature of the activity proposed, 24 the probable life of the proposed activity, the date when the 25 request for site approval will be submitted, and a 26 description of the right of persons to comment on such 27 request as hereafter provided. 28 (c) An applicant shall file a copy of its request with 29 the county board of the county or the governing body of the 30 municipality in which the proposed site is located. The 31 request shall include (i) the substance of the applicant's 32 proposal and (ii) all documents, if any, submitted as of that 33 date to the Agency pertaining to the proposed facility, 34 except trade secrets as determined under Section 7.1 of this SB496 Engrossed -6- LRB9102489LDpk 1 Act. All such documents or other materials on file with the 2 county board or governing body of the municipality shall be 3 made available for public inspection at the office of the 4 county board or the governing body of the municipality and 5 may be copied upon payment of the actual cost of 6 reproduction. 7 Any person may file written comment with the county board 8 or governing body of the municipality concerning the 9 appropriateness of the proposed site for its intended 10 purpose. The county board or governing body of the 11 municipality shall consider any comment received or 12 postmarked not later than 30 days after the date of the last 13 public hearing. 14 (d) At least one public hearing is to be held by the 15 county board or governing body of the municipality no sooner 16 than 90 days but no later than 120 days from receipt of the 17 request for site approval. No later than 14 days prior to 18 such hearing notice shall be published in a newspaper of 19 general circulation published in the county of the proposed 20 site, and delivered by certified mail to all members of the 21 General Assembly from the district in which the proposed site 22 is located, to the governing authority of every municipality 23 contiguous to the proposed site or contiguous to the 24 municipality in which the proposed site is to be located, to 25 the county board of the county where the proposed site is to 26 be located, if the proposed site is located within the 27 boundaries of a municipality, and to the Agency. Members or 28 representatives of the governing authority of a municipality 29 contiguous to the proposed site or contiguous to the 30 municipality in which the proposed site is to be located 31 and, if the proposed site is located in a municipality, 32 members or representatives of the county board of a county in 33 which the proposed site is to be located may appear at and 34 participate in public hearings held pursuant to this Section. SB496 Engrossed -7- LRB9102489LDpk 1 The public hearing shall develop a record sufficient to form 2 the basis of appeal of the decision in accordance with 3 Section 40.1 of this Act. The fact that a member of the 4 county board or governing body of the municipality has 5 publicly expressed an opinion on an issue related to a site 6 review proceeding shall not preclude the member from taking 7 part in the proceeding and voting on the issue. 8 (e) Decisions of the county board or governing body of 9 the municipality are to be in writing, specifying the reasons 10 for the decision, such reasons to be in conformance with 11 subsection (a) of this Section. In granting approval for a 12 site the county board or governing body of the municipality 13 may impose such conditions as may be reasonable and necessary 14 to accomplish the purposes of this Section and as are not 15 inconsistent with regulations promulgated by the Board. Such 16 decision shall be available for public inspection at the 17 office of the county board or governing body of the 18 municipality and may be copied upon payment of the actual 19 cost of reproduction. If there is no final action by the 20 county board or governing body of the municipality within 180 21 days after the filing of the request for site approval the 22 applicant may deem the request approved. 23 At any time prior to completion by the applicant of the 24 presentation of the applicant's factual evidence and an 25 opportunity for cross-questioning by the county board or 26 governing body of the municipality and any participants, the 27 applicant may file not more than one amended application upon 28 payment of additional fees pursuant to subsection (k); in 29 which case the time limitation for final action set forth in 30 this subsection (e) shall be extended for an additional 31 period of 90 days. 32 If, prior to making a final local siting decision, a 33 county board or governing body of a municipality has 34 negotiated and entered into a host agreement with the local SB496 Engrossed -8- LRB9102489LDpk 1 siting applicant, the terms and conditions of the host 2 agreement, whether written or oral, shall be disclosed and 3 made a part of the hearing record for that local siting 4 proceeding. In the case of an oral agreement, the disclosure 5 shall be made in the form of a written summary jointly 6 prepared and submitted by the county board or governing body 7 of the municipality and the siting applicant and shall 8 describe the terms and conditions of the oral agreement. 9 (e-5) Siting approval obtained pursuant to this Section 10 is transferable and may be transferred to a subsequent owner 11 or operator. In the event that siting approval has been 12 transferred to a subsequent owner or operator, that 13 subsequent owner or operator assumes and takes subject to any 14 and all conditions imposed upon the prior owner or operator 15 by the county board of the county or governing body of the 16 municipality pursuant to subsection (e). However, any such 17 conditions imposed pursuant to this Section may be modified 18 by agreement between the subsequent owner or operator and the 19 appropriate county board or governing body. Further, in the 20 event that siting approval obtained pursuant to this Section 21 has been transferred to a subsequent owner or operator, that 22 subsequent owner or operator assumes all rights and 23 obligations and takes the facility subject to any and all 24 terms and conditions of any existing host agreement between 25 the prior owner or operator and the appropriate county board 26 or governing body. 27 (f) A local siting approval granted under this Section 28 shall expire at the end of 2 calendar years from the date 29 upon which it was granted, unless the local siting approval 30 granted under this Section is for a sanitary landfill 31 operation, in which case the approval shall expire at the end 32 of 3 calendar years from the date upon which it was granted, 33 and unless within that period the applicant has made 34 application to the Agency for a permit to develop the site. SB496 Engrossed -9- LRB9102489LDpk 1 In the event that the local siting decision has been 2 appealed, such expiration period shall be deemed to begin on 3 the date upon which the appeal process is concluded. 4 Except as otherwise provided in this subsection, upon the 5 expiration of a development permit under subsection (k) of 6 Section 39, any associated local siting approval granted for 7 the facility under this Section shall also expire. 8 If a first development permit for a municipal waste 9 incineration facility expires under subsection (k) of Section 10 39 after September 30, 1989 due to circumstances beyond the 11 control of the applicant, any associated local siting 12 approval granted for the facility under this Section may be 13 used to fulfill the local siting approval requirement upon 14 application for a second development permit for the same 15 site, provided that the proposal in the new application is 16 materially the same, with respect to the criteria in 17 subsection (a) of this Section, as the proposal that received 18 the original siting approval, and application for the second 19 development permit is made before January 1, 1990. 20 (g) The siting approval procedures, criteria and appeal 21 procedures provided for in this Act for new pollution control 22 facilities shall be the exclusive siting procedures and rules 23 and appeal procedures for facilities subject to such 24 procedures. Local zoning or other local land use requirements 25 shall not be applicable to such siting decisions. 26 (h) Nothing in this Section shall apply to any existing 27 or new pollution control facility located within the 28 corporate limits of a municipality with a population of over 29 1,000,000. 30 (i) The Department shall make a study of technical 31 considerations relating to the siting of new pollution 32 control facilities. Such study shall include, but need not be 33 limited to, a determination of the geologic and hydrologic 34 conditions in the State most suitable for the siting of such SB496 Engrossed -10- LRB9102489LDpk 1 facilities, the establishment of a data base on such 2 conditions in Illinois, and recommendations for the 3 establishment of technical guidelines and criteria to be used 4 in making such siting decisions. The Department shall report 5 such study and recommendations to the General Assembly, the 6 Governor, the Board and the public no later than October 1, 7 1984. 8 The Board shall adopt regulations establishing the 9 geologic and hydrologic siting criteria necessary to protect 10 usable groundwater resources which are to be followed by the 11 Agency in its review of permit applications for new pollution 12 control facilities. Such regulations, insofar as they apply 13 to new pollution control facilities authorized to store, 14 treat or dispose of any hazardous waste, shall be at least as 15 stringent as the requirements of the Resource Conservation 16 and Recovery Act and any State or federal regulations adopted 17 pursuant thereto. 18 (j) Any new pollution control facility which has never 19 obtained local siting approval under the provisions of this 20 Section shall be required to obtain such approval after a 21 final decision on an appeal of a permit denial. 22 (k) A county board or governing body of a municipality 23 may charge applicants for siting review under this Section a 24 reasonable fee to cover the reasonable and necessary costs 25 incurred by such county or municipality in the siting review 26 process. 27 (l) The governing Authority as determined by subsection 28 (c) of Section 39 of this Act may request the Department of 29 Transportation to perform traffic impact studies of proposed 30 or potential locations for required pollution control 31 facilities. 32 (m) An applicant may not file a request for local siting 33 approval which is substantially the same as a request which 34 was disapproved pursuant to a finding against the applicant SB496 Engrossed -11- LRB9102489LDpk 1 under any of criteria (i) through (ix) of subsection (a) of 2 this Section within the preceding 2 years. 3 (n) In any review proceeding of a decision of the county 4 board or governing body of a municipality made pursuant to 5 the local siting review process, the petitioner in the review 6 proceeding shall pay to the county or municipality the cost 7 of preparing and certifying the record of proceedings. 8 Should the petitioner in the review proceeding fail to make 9 payment, the provisions of Section 3-109 of the Code of Civil 10 Procedure shall apply. 11 In the event the petitioner is a citizens' group that 12 participated in the siting proceeding and is so located as to 13 be affected by the proposed facility, such petitioner shall 14 be exempt from paying the costs of preparing and certifying 15 the record. 16 (o) Notwithstanding any other provision of this Section, 17 a transfer station used exclusively for landscape waste, 18 where landscape waste is held no longer than 24 hours from 19 the time it was received, is not subject to the requirements 20 of local siting approval under this Section, but is subject 21 only to local zoning approval. 22 (Source: P.A. 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 23 89-626, eff. 8-9-96; 90-217, eff. 1-1-98; 90-409, eff. 24 8-15-97; 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; 90-655, 25 eff. 7-30-98.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.