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91_SB0496enr
SB496 Enrolled 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 this
18 amendatory Act of 1997;
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 of
22 1997; or
23 (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 of 1997,
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
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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. Postclosure care requirements Financial
8 assurance rules.
9 (a) Not later than June 30, 1998, the Agency shall
10 propose rules For those sanitary landfills and waste disposal
11 sites located within the boundary of the 100-year floodplain
12 pursuant to paragraph (3) of subsection (b) of Section 22.19a
13 , to address the risks posed by flooding to the integrity of
14 the sanitary landfill or waste disposal site, the owner or
15 operator of the sanitary landfill or waste disposal site
16 shall comply with the following financial assurance
17 requirements for that portion of the site permitted for the
18 disposal of solid waste within the boundary of the 100-year
19 floodplain:.
20 (1) The owner or operator must include, in the
21 facility postclosure care plan and the postclosure care
22 cost estimate:
23 (A) the cost of inspecting, and anticipated
24 repairs to, all surface water drainage structures in
25 the area of the landfill or waste disposal site
26 permitted for the disposal of solid waste within the
27 boundary of the 100-year floodplain;
28 (B) the cost of repairing anticipated erosion
29 affecting both the final cover and vegetation in the
30 area of the landfill or waste disposal site
31 permitted for the disposal of solid waste within the
32 boundary of the 100-year floodplain below the
33 100-year flood elevation;
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1 (C) the cost of inspecting the portion of the
2 site permitted for the disposal of solid waste
3 within the boundary of the 100-year floodplain a
4 minimum of once every 5 years; and
5 (D) the cost of monitoring the portion of the
6 landfill or waste disposal site permitted for the
7 disposal of solid waste within the boundary of the
8 100-year floodplain after a 100-year flood.
9 (2) The owner or operator must provide financial
10 assurance, using any of the financial assurance
11 mechanisms set forth in Title 35, Part 811, Subpart G of
12 the Illinois Administrative Code, as amended, to cover
13 the costs identified in subsection (a)(1) of this
14 Section;
15 (3) The owner or operator must base the portion of
16 the postclosure care cost estimate addressing the
17 activities prescribed in subsection (a)(1) of this
18 Section on a period of 100 years; and
19 (4) The owner or operator must submit the
20 information required under subsection (a)(1) of this
21 Section to the Agency as part of the facility's
22 application for a permit required to develop the area
23 pursuant to Title 35, Section 812.115 of the Illinois
24 Administrative Code, as amended, for non-hazardous waste
25 landfills or pursuant to Title 35, Section 724.218 of the
26 Illinois Administrative Code, as amended, for hazardous
27 waste landfills. The rules shall be limited to and
28 prescribe standards for financial assurance mechanisms
29 equivalent to the standards set forth in Title 35, Part
30 811, Subpart G of the Illinois Administrative Code, as
31 amended, to address the risks posed by flooding to the
32 integrity of a sanitary landfill or waste disposal site
33 located within the boundary of the 100-year floodplain.
34 The financial assurance mechanisms shall be for a period
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1 of 100 years, beginning with the commencement of the
2 post-closure care period, and shall apply to the portion
3 of the facility located within the boundary of the
4 100-year floodplain and to the portion of the facility
5 located outside the boundary of the 100-year floodplain.
6 (b) Any sanitary landfill or waste disposal site owner
7 or operator subject to subsection (a) of this Section must
8 certify in the facility's application for permit renewal that
9 the postclosure care activities set forth in the postclosure
10 care plan to comply with this Section have been met and will
11 be performed. Not later than 6 months after the receipt of
12 the Agency's proposed rules, the Board shall adopt rules for
13 sanitary landfills and waste disposal sites located within
14 the boundary of the 100-year floodplain pursuant to
15 subsection (b) of Section 22.19a. The rules shall be limited
16 to, and prescribe standards for financial assurance
17 mechanisms equivalent to the standards set forth in Title 35,
18 Part 811, Subpart G of the Illinois Administrative Code, as
19 amended, to address the risks posed by flooding to the
20 integrity of a sanitary landfill or waste disposal site
21 located within the boundary of the 100-year floodplain. The
22 financial assurance mechanisms shall be for a period of 100
23 years, beginning with the commencement of the post-closure
24 care period, and shall apply to the portion of the facility
25 located within the boundary of the 100-year floodplain and to
26 the portion of the facility located outside the boundary of
27 the 100-year floodplain.
28 (c) Nothing in this Section shall be construed as
29 limiting the general authority of the Board to adopt rules
30 pursuant to Title VII of this Act.
31 (d) Notwithstanding any requirements of this Section,
32 the owner or operator of any landfill or waste disposal
33 facility located in a 100-year floodplain shall, upon receipt
34 of notification from the Agency, repair damage to that
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1 facility caused by a 100-year flood.
2 (Source: P.A. 90-503, eff. 8-19-97.)
3 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
4 Sec. 39.2. Local siting review.
5 (a) The county board of the county or the governing body
6 of the municipality, as determined by paragraph (c) of
7 Section 39 of this Act, shall approve or disapprove the
8 request for local siting approval for each pollution control
9 facility which is subject to such review. An applicant for
10 local siting approval shall submit sufficient details
11 describing the proposed facility to demonstrate compliance,
12 and local siting approval shall be granted only if the
13 proposed facility meets the following criteria:
14 (i) the facility is necessary to accommodate the
15 waste needs of the area it is intended to serve;
16 (ii) the facility is so designed, located and
17 proposed to be operated that the public health, safety
18 and welfare will be protected;
19 (iii) the facility is located so as to minimize
20 incompatibility with the character of the surrounding
21 area and to minimize the effect on the value of the
22 surrounding property;
23 (iv) (A) for a facility other than a sanitary
24 landfill or waste disposal site, the facility is located
25 outside the boundary of the 100 year flood plain or the
26 site is flood-proofed; (B) for a facility that is a
27 sanitary landfill or waste disposal site, the facility is
28 located outside the boundary of the 100-year floodplain,
29 or if the facility is a facility described in subsection
30 (b)(3) subsection (b) of Section 22.19a, the site is
31 flood-proofed;
32 (v) the plan of operations for the facility is
33 designed to minimize the danger to the surrounding area
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1 from fire, spills, or other operational accidents;
2 (vi) the traffic patterns to or from the facility
3 are so designed as to minimize the impact on existing
4 traffic flows;
5 (vii) if the facility will be treating, storing or
6 disposing of hazardous waste, an emergency response plan
7 exists for the facility which includes notification,
8 containment and evacuation procedures to be used in case
9 of an accidental release;
10 (viii) if the facility is to be located in a county
11 where the county board has adopted a solid waste
12 management plan consistent with the planning requirements
13 of the Local Solid Waste Disposal Act or the Solid Waste
14 Planning and Recycling Act, the facility is consistent
15 with that plan; and
16 (ix) if the facility will be located within a
17 regulated recharge area, any applicable requirements
18 specified by the Board for such areas have been met.
19 The county board or the governing body of the
20 municipality may also consider as evidence the previous
21 operating experience and past record of convictions or
22 admissions of violations of the applicant (and any subsidiary
23 or parent corporation) in the field of solid waste management
24 when considering criteria (ii) and (v) under this Section.
25 (b) No later than 14 days prior to a request for
26 location approval the applicant shall cause written notice of
27 such request to be served either in person or by registered
28 mail, return receipt requested, on the owners of all property
29 within the subject area not solely owned by the applicant,
30 and on the owners of all property within 250 feet in each
31 direction of the lot line of the subject property, said
32 owners being such persons or entities which appear from the
33 authentic tax records of the County in which such facility is
34 to be located; provided, that the number of all feet occupied
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1 by all public roads, streets, alleys and other public ways
2 shall be excluded in computing the 250 feet requirement;
3 provided further, that in no event shall this requirement
4 exceed 400 feet, including public streets, alleys and other
5 public ways.
6 Such written notice shall also be served upon members of
7 the General Assembly from the legislative district in which
8 the proposed facility is located and shall be published in a
9 newspaper of general circulation published in the county in
10 which the site is located.
11 Such notice shall state the name and address of the
12 applicant, the location of the proposed site, the nature and
13 size of the development, the nature of the activity proposed,
14 the probable life of the proposed activity, the date when the
15 request for site approval will be submitted, and a
16 description of the right of persons to comment on such
17 request as hereafter provided.
18 (c) An applicant shall file a copy of its request with
19 the county board of the county or the governing body of the
20 municipality in which the proposed site is located. The
21 request shall include (i) the substance of the applicant's
22 proposal and (ii) all documents, if any, submitted as of that
23 date to the Agency pertaining to the proposed facility,
24 except trade secrets as determined under Section 7.1 of this
25 Act. All such documents or other materials on file with the
26 county board or governing body of the municipality shall be
27 made available for public inspection at the office of the
28 county board or the governing body of the municipality and
29 may be copied upon payment of the actual cost of
30 reproduction.
31 Any person may file written comment with the county board
32 or governing body of the municipality concerning the
33 appropriateness of the proposed site for its intended
34 purpose. The county board or governing body of the
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1 municipality shall consider any comment received or
2 postmarked not later than 30 days after the date of the last
3 public hearing.
4 (d) At least one public hearing is to be held by the
5 county board or governing body of the municipality no sooner
6 than 90 days but no later than 120 days from receipt of the
7 request for site approval. No later than 14 days prior to
8 such hearing notice shall be published in a newspaper of
9 general circulation published in the county of the proposed
10 site, and delivered by certified mail to all members of the
11 General Assembly from the district in which the proposed site
12 is located, to the governing authority of every municipality
13 contiguous to the proposed site or contiguous to the
14 municipality in which the proposed site is to be located, to
15 the county board of the county where the proposed site is to
16 be located, if the proposed site is located within the
17 boundaries of a municipality, and to the Agency. Members or
18 representatives of the governing authority of a municipality
19 contiguous to the proposed site or contiguous to the
20 municipality in which the proposed site is to be located
21 and, if the proposed site is located in a municipality,
22 members or representatives of the county board of a county in
23 which the proposed site is to be located may appear at and
24 participate in public hearings held pursuant to this Section.
25 The public hearing shall develop a record sufficient to form
26 the basis of appeal of the decision in accordance with
27 Section 40.1 of this Act. The fact that a member of the
28 county board or governing body of the municipality has
29 publicly expressed an opinion on an issue related to a site
30 review proceeding shall not preclude the member from taking
31 part in the proceeding and voting on the issue.
32 (e) Decisions of the county board or governing body of
33 the municipality are to be in writing, specifying the reasons
34 for the decision, such reasons to be in conformance with
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1 subsection (a) of this Section. In granting approval for a
2 site the county board or governing body of the municipality
3 may impose such conditions as may be reasonable and necessary
4 to accomplish the purposes of this Section and as are not
5 inconsistent with regulations promulgated by the Board. Such
6 decision shall be available for public inspection at the
7 office of the county board or governing body of the
8 municipality and may be copied upon payment of the actual
9 cost of reproduction. If there is no final action by the
10 county board or governing body of the municipality within 180
11 days after the filing of the request for site approval the
12 applicant may deem the request approved.
13 At any time prior to completion by the applicant of the
14 presentation of the applicant's factual evidence and an
15 opportunity for cross-questioning by the county board or
16 governing body of the municipality and any participants, the
17 applicant may file not more than one amended application upon
18 payment of additional fees pursuant to subsection (k); in
19 which case the time limitation for final action set forth in
20 this subsection (e) shall be extended for an additional
21 period of 90 days.
22 If, prior to making a final local siting decision, a
23 county board or governing body of a municipality has
24 negotiated and entered into a host agreement with the local
25 siting applicant, the terms and conditions of the host
26 agreement, whether written or oral, shall be disclosed and
27 made a part of the hearing record for that local siting
28 proceeding. In the case of an oral agreement, the disclosure
29 shall be made in the form of a written summary jointly
30 prepared and submitted by the county board or governing body
31 of the municipality and the siting applicant and shall
32 describe the terms and conditions of the oral agreement.
33 (e-5) Siting approval obtained pursuant to this Section
34 is transferable and may be transferred to a subsequent owner
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1 or operator. In the event that siting approval has been
2 transferred to a subsequent owner or operator, that
3 subsequent owner or operator assumes and takes subject to any
4 and all conditions imposed upon the prior owner or operator
5 by the county board of the county or governing body of the
6 municipality pursuant to subsection (e). However, any such
7 conditions imposed pursuant to this Section may be modified
8 by agreement between the subsequent owner or operator and the
9 appropriate county board or governing body. Further, in the
10 event that siting approval obtained pursuant to this Section
11 has been transferred to a subsequent owner or operator, that
12 subsequent owner or operator assumes all rights and
13 obligations and takes the facility subject to any and all
14 terms and conditions of any existing host agreement between
15 the prior owner or operator and the appropriate county board
16 or governing body.
17 (f) A local siting approval granted under this Section
18 shall expire at the end of 2 calendar years from the date
19 upon which it was granted, unless the local siting approval
20 granted under this Section is for a sanitary landfill
21 operation, in which case the approval shall expire at the end
22 of 3 calendar years from the date upon which it was granted,
23 and unless within that period the applicant has made
24 application to the Agency for a permit to develop the site.
25 In the event that the local siting decision has been
26 appealed, such expiration period shall be deemed to begin on
27 the date upon which the appeal process is concluded.
28 Except as otherwise provided in this subsection, upon the
29 expiration of a development permit under subsection (k) of
30 Section 39, any associated local siting approval granted for
31 the facility under this Section shall also expire.
32 If a first development permit for a municipal waste
33 incineration facility expires under subsection (k) of Section
34 39 after September 30, 1989 due to circumstances beyond the
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1 control of the applicant, any associated local siting
2 approval granted for the facility under this Section may be
3 used to fulfill the local siting approval requirement upon
4 application for a second development permit for the same
5 site, provided that the proposal in the new application is
6 materially the same, with respect to the criteria in
7 subsection (a) of this Section, as the proposal that received
8 the original siting approval, and application for the second
9 development permit is made before January 1, 1990.
10 (g) The siting approval procedures, criteria and appeal
11 procedures provided for in this Act for new pollution control
12 facilities shall be the exclusive siting procedures and rules
13 and appeal procedures for facilities subject to such
14 procedures. Local zoning or other local land use requirements
15 shall not be applicable to such siting decisions.
16 (h) Nothing in this Section shall apply to any existing
17 or new pollution control facility located within the
18 corporate limits of a municipality with a population of over
19 1,000,000.
20 (i) The Department shall make a study of technical
21 considerations relating to the siting of new pollution
22 control facilities. Such study shall include, but need not be
23 limited to, a determination of the geologic and hydrologic
24 conditions in the State most suitable for the siting of such
25 facilities, the establishment of a data base on such
26 conditions in Illinois, and recommendations for the
27 establishment of technical guidelines and criteria to be used
28 in making such siting decisions. The Department shall report
29 such study and recommendations to the General Assembly, the
30 Governor, the Board and the public no later than October 1,
31 1984.
32 The Board shall adopt regulations establishing the
33 geologic and hydrologic siting criteria necessary to protect
34 usable groundwater resources which are to be followed by the
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1 Agency in its review of permit applications for new pollution
2 control facilities. Such regulations, insofar as they apply
3 to new pollution control facilities authorized to store,
4 treat or dispose of any hazardous waste, shall be at least as
5 stringent as the requirements of the Resource Conservation
6 and Recovery Act and any State or federal regulations adopted
7 pursuant thereto.
8 (j) Any new pollution control facility which has never
9 obtained local siting approval under the provisions of this
10 Section shall be required to obtain such approval after a
11 final decision on an appeal of a permit denial.
12 (k) A county board or governing body of a municipality
13 may charge applicants for siting review under this Section a
14 reasonable fee to cover the reasonable and necessary costs
15 incurred by such county or municipality in the siting review
16 process.
17 (l) The governing Authority as determined by subsection
18 (c) of Section 39 of this Act may request the Department of
19 Transportation to perform traffic impact studies of proposed
20 or potential locations for required pollution control
21 facilities.
22 (m) An applicant may not file a request for local siting
23 approval which is substantially the same as a request which
24 was disapproved pursuant to a finding against the applicant
25 under any of criteria (i) through (ix) of subsection (a) of
26 this Section within the preceding 2 years.
27 (n) In any review proceeding of a decision of the county
28 board or governing body of a municipality made pursuant to
29 the local siting review process, the petitioner in the review
30 proceeding shall pay to the county or municipality the cost
31 of preparing and certifying the record of proceedings.
32 Should the petitioner in the review proceeding fail to make
33 payment, the provisions of Section 3-109 of the Code of Civil
34 Procedure shall apply.
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1 In the event the petitioner is a citizens' group that
2 participated in the siting proceeding and is so located as to
3 be affected by the proposed facility, such petitioner shall
4 be exempt from paying the costs of preparing and certifying
5 the record.
6 (o) Notwithstanding any other provision of this Section,
7 a transfer station used exclusively for landscape waste,
8 where landscape waste is held no longer than 24 hours from
9 the time it was received, is not subject to the requirements
10 of local siting approval under this Section, but is subject
11 only to local zoning approval.
12 (Source: P.A. 89-102, eff. 7-7-95; 89-200, eff. 1-1-96;
13 89-626, eff. 8-9-96; 90-217, eff. 1-1-98; 90-409, eff.
14 8-15-97; 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; 90-655,
15 eff. 7-30-98.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.
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