Public Act 0095 100TH GENERAL ASSEMBLY

SB1561 Enrolled LRB100 10484 MJP 20698 b

Public Act 100-0095

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Solid Waste Planning and Recycling Act is amended by adding Section 9.5 as follows:

(415 ILCS 15/9.5 new)

Sec. 9.5. Regulation of certain pollution control facilities. No provision of this Act shall be construed to allow any county with a population of less than 2,000,000 residents to adopt an ordinance or resolution, except an ordinance or resolution adopting a county plan in accordance with Sections 4 and 5 of this Act, or implementing a county plan in accordance with Section 7 of this Act, that requires the issuance of a permit, or that imposes regulations upon the operations of a municipal solid waste landfill unit, sanitary landfill, storage site, transfer station, or waste disposal site, as long as the facility obtains appropriate permits from the Agency in accordance with Section 39 of the Environmental Protection Act. Nothing in this amendatory Act of the 100th General Assembly shall be construed to diminish or impair any authority conferred upon a county under the Environmental Protection Act, including, but not limited to, subsection (r) of Section 4 and Section 39.2 of the Environmental Protection Act.

Nothing in this amendatory Act of the 100th General Assembly shall be construed to limit the authority of a county to prepare or adopt a county plan pursuant to and in accordance with Sections 4 and 5 of this Act, to implement a county plan in accordance with Section 7 of this Act, or to relieve a facility proposed for siting approval from demonstrating consistency with that plan as required by criterion (viii) of subsection (a) of Section 39.2 of the Environmental Protection Act.

For the purposes of this Section, "municipal solid waste landfill unit", "sanitary landfill", "storage site", "transfer station", and "waste disposal site" have the meanings provided to those terms in the Environmental Protection Act.

Section 99. Effective date. This Act takes effect upon becoming law.