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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 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. 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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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