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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1514
Introduced 02/10/05, by Rep. Sidney H. Mathias - Tom Cross SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/39 |
from Ch. 111 1/2, par. 1039 |
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Amends the Environmental Protection Act. Requires the Environmental Protection Agency to issue a NPDES permit for a term ending one year after the date of issuance if so requested by the permitee. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1514 |
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LRB094 05471 RSP 35516 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by |
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| changing Section 39 as follows:
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| (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
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| Sec. 39. Issuance of permits; procedures.
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| (a) When the Board has by regulation required a permit for
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| the construction, installation, or operation of any type of |
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| facility,
equipment, vehicle, vessel, or aircraft, the |
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| applicant shall apply to
the Agency for such permit and it |
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| shall be the duty of the Agency to
issue such a permit upon |
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| proof by the applicant that the facility,
equipment, vehicle, |
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| vessel, or aircraft will not cause a violation of
this Act or |
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| of regulations hereunder. The Agency shall adopt such
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| procedures as are necessary to carry out its duties under this |
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| Section.
In making its determinations on permit applications |
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| under this Section the Agency may consider prior adjudications |
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| of
noncompliance with this Act by the applicant that involved a |
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| release of a
contaminant into the environment. In granting |
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| permits, the Agency
may impose reasonable conditions |
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| specifically related to the applicant's past
compliance |
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| history with this Act as necessary to correct, detect, or
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| prevent noncompliance. The Agency may impose such other |
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| conditions
as may be necessary to accomplish the purposes of |
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| this Act, and as are not
inconsistent with the regulations |
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| promulgated by the Board hereunder. Except as
otherwise |
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| provided in this Act, a bond or other security shall not be |
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| required
as a condition for the issuance of a permit. If the |
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| Agency denies any permit
under this Section, the Agency shall |
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| transmit to the applicant within the time
limitations of this |
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| Section specific, detailed statements as to the reasons the
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HB1514 |
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LRB094 05471 RSP 35516 b |
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| permit application was denied. Such statements shall include, |
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| but not be
limited to the following:
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| (i) the Sections of this Act which may be violated if |
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| the permit
were granted;
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| (ii) the provision of the regulations, promulgated |
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| under this Act,
which may be violated if the permit were |
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| granted;
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| (iii) the specific type of information, if any, which |
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| the Agency
deems the applicant did not provide the Agency; |
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| and
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| (iv) a statement of specific reasons why the Act and |
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| the regulations
might not be met if the permit were |
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| granted.
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| If there is no final action by the Agency within 90 days |
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| after the
filing of the application for permit, the applicant |
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| may deem the permit
issued; except that this time period shall |
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| be extended to 180 days when
(1) notice and opportunity for |
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| public hearing are required by State or
federal law or |
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| regulation, (2) the application which was filed is for
any |
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| permit to develop a landfill subject to issuance pursuant to |
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| this
subsection, or (3) the application that was filed is for a |
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| MSWLF unit
required to issue public notice under subsection (p) |
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| of Section 39. The
90-day and 180-day time periods for the |
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| Agency to take final action do not
apply to NPDES permit |
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| applications under subsection (b) of this Section,
to RCRA |
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| permit applications under subsection (d) of this Section, or
to |
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| UIC permit applications under subsection (e) of this Section.
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| The Agency shall publish notice of all final permit |
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| determinations for
development permits for MSWLF units and for |
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| significant permit modifications
for lateral expansions for |
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| existing MSWLF units one time in a newspaper of
general |
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| circulation in the county in which the unit is or is proposed |
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| to be
located.
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| After January 1, 1994 and until July 1, 1998, operating |
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| permits issued under
this Section by the
Agency for sources of |
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| air pollution permitted to emit less than 25 tons
per year of |
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LRB094 05471 RSP 35516 b |
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| any combination of regulated air pollutants, as defined in
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| Section 39.5 of this Act, shall be required to be renewed only |
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| upon written
request by the Agency consistent with applicable |
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| provisions of this Act and
regulations promulgated hereunder. |
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| Such operating permits shall expire
180 days after the date of |
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| such a request. The Board shall revise its
regulations for the |
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| existing State air pollution operating permit program
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| consistent with this provision by January 1, 1994.
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| After June 30, 1998, operating permits issued under this |
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| Section by the
Agency for sources of air pollution that are not |
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| subject to Section 39.5 of
this Act and are not required to |
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| have a federally enforceable State operating
permit shall be |
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| required to be renewed only upon written request by the Agency
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| consistent with applicable provisions of this Act and its |
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| rules. Such
operating permits shall expire 180 days after the |
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| date of such a request.
Before July 1, 1998, the Board shall |
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| revise its rules for the existing State
air pollution operating |
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| permit program consistent with this paragraph and shall
adopt |
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| rules that require a source to demonstrate that it qualifies |
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| for a permit
under this paragraph.
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| (b) The Agency may issue NPDES permits exclusively under |
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| this
subsection for the discharge of contaminants from point |
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| sources into
navigable waters, all as defined in the Federal |
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| Water Pollution Control
Act, as now or hereafter amended, |
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| within the jurisdiction of the
State, or into any well.
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| All NPDES permits shall contain those terms and conditions, |
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| including
but not limited to schedules of compliance, which may |
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| be required to
accomplish the purposes and provisions of this |
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| Act.
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| The Agency may issue general NPDES permits for discharges |
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| from categories
of point sources which are subject to the same |
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| permit limitations and
conditions. Such general permits may be |
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| issued without individual
applications and shall conform to |
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| regulations promulgated under Section 402
of the Federal Water |
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| Pollution Control Act, as now or hereafter amended.
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| The Agency may include, among such conditions, effluent |
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LRB094 05471 RSP 35516 b |
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| limitations
and other requirements established under this Act, |
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| Board regulations,
the Federal Water Pollution Control Act, as |
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| now or hereafter amended, and
regulations pursuant thereto, and |
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| schedules for achieving compliance
therewith at the earliest |
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| reasonable date.
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| The Agency shall adopt filing requirements and procedures |
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| which are
necessary and appropriate for the issuance of NPDES |
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| permits, and which
are consistent with the Act or regulations |
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| adopted by the Board, and
with the Federal Water Pollution |
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| Control Act, as now or hereafter
amended, and regulations |
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| pursuant thereto.
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| The Agency, subject to any conditions which may be |
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| prescribed by
Board regulations, may issue NPDES permits to |
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| allow discharges beyond
deadlines established by this Act or by |
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| regulations of the Board without
the requirement of a variance, |
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| subject to the Federal Water Pollution
Control Act, as now or |
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| hereafter amended, and regulations pursuant thereto.
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| Notwithstanding any provision of this Act or Board |
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| regulation, the Agency, in issuing a permit under this |
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| subsection (b), must issue a permit for a term ending one year |
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| after the date of issuance if so requested by the permitee, |
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| subject to the Federal Water Pollution Control Act, as now or |
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| hereafter amended, and regulations pursuant to that Act.
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| (c) Except for those facilities owned or operated by |
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| sanitary districts
organized under the Metropolitan Water |
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| Reclamation District Act, no
permit for the development or |
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| construction of a new pollution control
facility may be granted |
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| by the Agency unless the applicant submits proof to the
Agency |
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| that the location of the facility has been approved by the |
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| County Board
of the county if in an unincorporated area, or the |
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| governing body of the
municipality when in an incorporated |
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| area, in which the facility is to be
located in accordance with |
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| Section 39.2 of this Act.
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| In the event that siting approval granted pursuant to |
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| Section 39.2 has
been transferred to a subsequent owner or |
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| operator, that subsequent owner or
operator may apply to the |
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HB1514 |
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LRB094 05471 RSP 35516 b |
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| Agency for, and the Agency may grant, a development
or |
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| construction permit for the facility for which local siting |
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| approval was
granted. Upon application to the Agency for a |
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| development or
construction permit by that subsequent owner or |
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| operator,
the permit applicant shall cause written notice of |
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| the permit application
to be served upon the appropriate county |
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| board or governing body of the
municipality that granted siting |
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| approval for that facility and upon any party
to the siting |
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| proceeding pursuant to which siting approval was granted. In
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| that event, the Agency shall conduct an evaluation of the |
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| subsequent owner or
operator's prior experience in waste |
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| management operations in the manner
conducted under subsection |
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| (i) of Section 39 of this Act.
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| Beginning August 20, 1993, if the pollution control |
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| facility consists of a
hazardous or solid waste disposal |
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| facility for which the proposed site is
located in an |
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| unincorporated area of a county with a population of less than
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| 100,000 and includes all or a portion of a parcel of land that |
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| was, on April 1,
1993, adjacent to a municipality having a |
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| population of less than 5,000, then
the local siting review |
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| required under this subsection (c) in conjunction with
any |
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| permit applied for after that date shall be performed by the |
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| governing body
of that adjacent municipality rather than the |
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| county board of the county in
which the proposed site is |
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| located; and for the purposes of that local siting
review, any |
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| references in this Act to the county board shall be deemed to |
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| mean
the governing body of that adjacent municipality; |
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| provided, however, that the
provisions of this paragraph shall |
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| not apply to any proposed site which was, on
April 1, 1993, |
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| owned in whole or in part by another municipality.
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| In the case of a pollution control facility for which a
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| development permit was issued before November 12, 1981, if an |
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| operating
permit has not been issued by the Agency prior to |
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| August 31, 1989 for
any portion of the facility, then the |
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| Agency may not issue or renew any
development permit nor issue |
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| an original operating permit for any portion of
such facility |
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HB1514 |
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LRB094 05471 RSP 35516 b |
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| unless the applicant has submitted proof to the Agency that the
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| location of the facility has been approved by the appropriate |
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| county board or
municipal governing body pursuant to Section |
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| 39.2 of this Act.
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| After January 1, 1994, if a solid waste
disposal facility, |
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| any portion for which an operating permit has been issued by
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| the Agency, has not accepted waste disposal for 5 or more |
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| consecutive calendars
years, before that facility may accept |
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| any new or additional waste for
disposal, the owner and |
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| operator must obtain a new operating permit under this
Act for |
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| that facility unless the owner and operator have applied to the |
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| Agency
for a permit authorizing the temporary suspension of |
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| waste acceptance. The
Agency may not issue a new operation |
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| permit under this Act for the facility
unless the applicant has |
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| submitted proof to the Agency that the location of the
facility |
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| has been approved or re-approved by the appropriate county |
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| board or
municipal governing body under Section 39.2 of this |
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| Act after the facility
ceased accepting waste.
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| Except for those facilities owned or operated by sanitary |
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| districts
organized under the Metropolitan Water Reclamation |
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| District Act, and
except for new pollution control facilities |
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| governed by Section 39.2,
and except for fossil fuel mining |
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| facilities, the granting of a permit under
this Act shall not |
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| relieve the applicant from meeting and securing all
necessary |
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| zoning approvals from the unit of government having zoning
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| jurisdiction over the proposed facility.
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| Before beginning construction on any new sewage treatment |
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| plant or sludge
drying site to be owned or operated by a |
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| sanitary district organized under
the Metropolitan Water |
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| Reclamation District Act for which a new
permit (rather than |
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| the renewal or amendment of an existing permit) is
required, |
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| such sanitary district shall hold a public hearing within the
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| municipality within which the proposed facility is to be |
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| located, or within the
nearest community if the proposed |
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| facility is to be located within an
unincorporated area, at |
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| which information concerning the proposed facility
shall be |
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LRB094 05471 RSP 35516 b |
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| made available to the public, and members of the public shall |
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| be given
the opportunity to express their views concerning the |
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| proposed facility.
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| The Agency may issue a permit for a municipal waste |
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| transfer station
without requiring approval pursuant to |
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| Section 39.2 provided that the following
demonstration is made:
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| (1) the municipal waste transfer station was in |
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| existence on or before
January 1, 1979 and was in |
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| continuous operation from January 1, 1979 to January
1, |
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| 1993;
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| (2) the operator submitted a permit application to the |
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| Agency to develop
and operate the municipal waste transfer |
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| station during April of 1994;
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| (3) the operator can demonstrate that the county board |
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| of the county, if
the municipal waste transfer station is |
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| in an unincorporated area, or the
governing body of the |
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| municipality, if the station is in an incorporated area,
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| does not object to resumption of the operation of the |
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| station; and
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| (4) the site has local zoning approval.
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| (d) The Agency may issue RCRA permits exclusively under |
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| this
subsection to persons owning or operating a facility for |
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| the treatment,
storage, or disposal of hazardous waste as |
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| defined under this Act.
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| All RCRA permits shall contain those terms and conditions, |
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| including but
not limited to schedules of compliance, which may |
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| be required to accomplish
the purposes and provisions of this |
28 |
| Act. The Agency may include among such
conditions standards and |
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| other requirements established under this Act,
Board |
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| regulations, the Resource Conservation and Recovery Act of 1976 |
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| (P.L.
94-580), as amended, and regulations pursuant thereto, |
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| and may include
schedules for achieving compliance therewith as |
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| soon as possible. The
Agency shall require that a performance |
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| bond or other security be provided
as a condition for the |
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| issuance of a RCRA permit.
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| In the case of a permit to operate a hazardous waste or PCB |
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HB1514 |
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LRB094 05471 RSP 35516 b |
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| incinerator
as defined in subsection (k) of Section 44, the |
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| Agency shall require, as a
condition of the permit, that the |
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| operator of the facility perform such
analyses of the waste to |
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| be incinerated as may be necessary and appropriate
to ensure |
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| the safe operation of the incinerator.
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| The Agency shall adopt filing requirements and procedures |
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| which
are necessary and appropriate for the issuance of RCRA |
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| permits, and which
are consistent with the Act or regulations |
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| adopted by the Board, and with
the Resource Conservation and |
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| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations |
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| pursuant thereto.
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| The applicant shall make available to the public for |
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| inspection all
documents submitted by the applicant to the |
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| Agency in furtherance
of an application, with the exception of |
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| trade secrets, at the office of
the county board or governing |
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| body of the municipality. Such documents
may be copied upon |
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| payment of the actual cost of reproduction during regular
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| business hours of the local office. The Agency shall issue a |
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| written statement
concurrent with its grant or denial of the |
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| permit explaining the basis for its
decision.
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| (e) The Agency may issue UIC permits exclusively under this
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| subsection to persons owning or operating a facility for the |
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| underground
injection of contaminants as defined under this |
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| Act.
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| All UIC permits shall contain those terms and conditions, |
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| including but
not limited to schedules of compliance, which may |
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| be required to accomplish
the purposes and provisions of this |
28 |
| Act. The Agency may include among such
conditions standards and |
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| other requirements established under this Act,
Board |
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| regulations, the Safe Drinking Water Act (P.L. 93-523), as |
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| amended,
and regulations pursuant thereto, and may include |
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| schedules for achieving
compliance therewith. The Agency shall |
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| require that a performance bond or
other security be provided |
34 |
| as a condition for the issuance of a UIC permit.
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| The Agency shall adopt filing requirements and procedures |
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| which
are necessary and appropriate for the issuance of UIC |
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LRB094 05471 RSP 35516 b |
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| permits, and which
are consistent with the Act or regulations |
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| adopted by the Board, and with
the Safe Drinking Water Act |
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| (P.L. 93-523), as amended, and regulations
pursuant thereto.
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| The applicant shall make available to the public for |
5 |
| inspection, all
documents submitted by the applicant to the |
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| Agency in furtherance of an
application, with the exception of |
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| trade secrets, at the office of the county
board or governing |
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| body of the municipality. Such documents may be copied upon
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| payment of the actual cost of reproduction during regular |
10 |
| business hours of the
local office. The Agency shall issue a |
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| written statement concurrent with its
grant or denial of the |
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| permit explaining the basis for its decision.
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| (f) In making any determination pursuant to Section 9.1 of |
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| this Act:
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| (1) The Agency shall have authority to make the |
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| determination of any
question required to be determined by |
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| the Clean Air Act, as now or
hereafter amended, this Act, |
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| or the regulations of the Board, including the
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| determination of the Lowest Achievable Emission Rate, |
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| Maximum Achievable
Control Technology, or Best Available |
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| Control Technology, consistent with the
Board's |
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| regulations, if any.
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| (2) The Agency shall, after conferring with the |
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| applicant, give written
notice to the applicant of its |
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| proposed decision on the application including
the terms |
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| and conditions of the permit to be issued and the facts, |
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| conduct
or other basis upon which the Agency will rely to |
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| support its proposed action.
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| (3) Following such notice, the Agency shall give the |
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| applicant an
opportunity for a hearing in accordance with |
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| the provisions of Sections
10-25 through 10-60 of the |
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| Illinois Administrative Procedure Act.
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| (g) The Agency shall include as conditions upon all permits |
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| issued for
hazardous waste disposal sites such restrictions |
35 |
| upon the future use
of such sites as are reasonably necessary |
36 |
| to protect public health and
the environment, including |
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LRB094 05471 RSP 35516 b |
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| permanent prohibition of the use of such
sites for purposes |
2 |
| which may create an unreasonable risk of injury to human
health |
3 |
| or to the environment. After administrative and judicial |
4 |
| challenges
to such restrictions have been exhausted, the Agency |
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| shall file such
restrictions of record in the Office of the |
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| Recorder of the county in which
the hazardous waste disposal |
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| site is located.
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| (h) A hazardous waste stream may not be deposited in a |
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| permitted hazardous
waste site unless specific authorization |
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| is obtained from the Agency by the
generator and disposal site |
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| owner and operator for the deposit of that specific
hazardous |
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| waste stream. The Agency may grant specific authorization for
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| disposal of hazardous waste streams only after the generator |
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| has reasonably
demonstrated that, considering
technological |
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| feasibility and economic reasonableness, the hazardous waste
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| cannot be reasonably recycled for reuse, nor incinerated or |
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| chemically,
physically or biologically treated so as to |
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| neutralize the hazardous waste
and render it nonhazardous. In |
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| granting authorization under this Section,
the Agency may |
20 |
| impose such conditions as may be necessary to accomplish
the |
21 |
| purposes of the Act and are consistent with this Act and |
22 |
| regulations
promulgated by the Board hereunder. If the Agency |
23 |
| refuses to grant
authorization under this Section, the |
24 |
| applicant may appeal as if the Agency
refused to grant a |
25 |
| permit, pursuant to the provisions of subsection (a) of
Section |
26 |
| 40 of this Act. For purposes of this subsection (h), the term
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| "generator" has the meaning given in Section 3.205 of this Act,
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| unless: (1) the hazardous waste is treated, incinerated, or |
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| partially recycled
for reuse prior to disposal, in which case |
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| the last person who treats,
incinerates, or partially recycles |
31 |
| the hazardous waste prior to disposal is the
generator; or (2) |
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| the hazardous waste is from a response action, in which case
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| the person performing the response action is the generator. |
34 |
| This subsection
(h) does not apply to any hazardous waste that |
35 |
| is restricted from land disposal
under 35 Ill. Adm. Code 728.
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| (i) Before issuing any RCRA permit or any permit for a |
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HB1514 |
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LRB094 05471 RSP 35516 b |
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| waste storage site,
sanitary landfill, waste disposal site, |
2 |
| waste transfer station, waste treatment
facility, waste |
3 |
| incinerator, or any waste-transportation operation, the Agency
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| shall conduct an evaluation of the prospective owner's or |
5 |
| operator's prior
experience in waste management operations. |
6 |
| The Agency may deny such a permit
if the prospective owner or |
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| operator or any employee or officer of the
prospective owner or |
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| operator has a history of:
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| (1) repeated violations of federal, State, or local |
10 |
| laws, regulations,
standards, or ordinances in the |
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| operation of waste management facilities or
sites; or
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| (2) conviction in this or another State of any crime |
13 |
| which is a felony
under the laws of this State, or |
14 |
| conviction of a felony in a federal court; or
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| (3) proof of gross carelessness or incompetence in |
16 |
| handling, storing,
processing, transporting or disposing |
17 |
| of waste.
|
18 |
| (j) The issuance under this Act of a permit to engage in |
19 |
| the surface mining
of any resources other than fossil fuels |
20 |
| shall not relieve
the permittee from its duty to comply with |
21 |
| any applicable local law regulating
the commencement, location |
22 |
| or operation of surface mining facilities.
|
23 |
| (k) A development permit issued under subsection (a) of |
24 |
| Section 39 for any
facility or site which is required to have a |
25 |
| permit under subsection (d) of
Section 21 shall expire at the |
26 |
| end of 2 calendar years from the date upon which
it was issued, |
27 |
| unless within that period the applicant has taken action to
|
28 |
| develop the facility or the site. In the event that review of |
29 |
| the
conditions of the development permit is sought pursuant to |
30 |
| Section 40 or
41, or permittee is prevented from commencing |
31 |
| development of the facility
or site by any other litigation |
32 |
| beyond the permittee's control, such
two-year period shall be |
33 |
| deemed to begin on the date upon which such review
process or |
34 |
| litigation is concluded.
|
35 |
| (l) No permit shall be issued by the Agency under this Act |
36 |
| for
construction or operation of any facility or site located |
|
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| within the
boundaries of any setback zone established pursuant |
2 |
| to this Act, where such
construction or operation is |
3 |
| prohibited.
|
4 |
| (m) The Agency may issue permits to persons owning or |
5 |
| operating
a facility for composting landscape waste. In |
6 |
| granting such permits, the Agency
may impose such conditions as |
7 |
| may be necessary to accomplish the purposes of
this Act, and as |
8 |
| are not inconsistent with applicable regulations promulgated
|
9 |
| by the Board. Except as otherwise provided in this Act, a bond |
10 |
| or other
security shall not be required as a condition for the |
11 |
| issuance of a permit. If
the Agency denies any permit pursuant |
12 |
| to this subsection, the Agency shall
transmit to the applicant |
13 |
| within the time limitations of this subsection
specific, |
14 |
| detailed statements as to the reasons the permit application |
15 |
| was
denied. Such statements shall include but not be limited to |
16 |
| the following:
|
17 |
| (1) the Sections of this Act that may be violated if |
18 |
| the permit
were granted;
|
19 |
| (2) the specific regulations promulgated pursuant to |
20 |
| this
Act that may be violated if the permit were granted;
|
21 |
| (3) the specific information, if any, the Agency deems |
22 |
| the
applicant did not provide in its application to the |
23 |
| Agency; and
|
24 |
| (4) a statement of specific reasons why the Act and the |
25 |
| regulations
might be violated if the permit were granted.
|
26 |
| If no final action is taken by the Agency within 90 days |
27 |
| after the filing
of the application for permit, the applicant |
28 |
| may deem the permit issued.
Any applicant for a permit may |
29 |
| waive the 90 day limitation by filing a
written statement with |
30 |
| the Agency.
|
31 |
| The Agency shall issue permits for such facilities upon |
32 |
| receipt of an
application that includes a legal description of |
33 |
| the site, a topographic
map of the site drawn to the scale of |
34 |
| 200 feet to the inch or larger, a
description of the operation, |
35 |
| including the area served, an estimate of
the volume of |
36 |
| materials to be processed, and documentation that:
|
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LRB094 05471 RSP 35516 b |
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| (1) the facility includes a setback of at
least 200 |
2 |
| feet from the nearest potable water supply well;
|
3 |
| (2) the facility is located outside the boundary
of the |
4 |
| 10-year floodplain or the site will be floodproofed;
|
5 |
| (3) the facility is located so as to minimize
|
6 |
| incompatibility with the character of the surrounding |
7 |
| area, including at
least a 200 foot setback from any |
8 |
| residence, and in the case of a
facility that is developed |
9 |
| or the permitted composting area of which is
expanded after |
10 |
| November 17, 1991, the composting area is located at least |
11 |
| 1/8
mile from the nearest residence (other than a residence |
12 |
| located on the same
property as the facility);
|
13 |
| (4) the design of the facility will prevent any compost |
14 |
| material from
being placed within 5 feet of the water |
15 |
| table, will adequately control runoff
from the site, and |
16 |
| will collect and manage any leachate that is generated on
|
17 |
| the site;
|
18 |
| (5) the operation of the facility will include |
19 |
| appropriate dust
and odor control measures, limitations on |
20 |
| operating hours, appropriate
noise control measures for |
21 |
| shredding, chipping and similar equipment,
management |
22 |
| procedures for composting, containment and disposal of
|
23 |
| non-compostable wastes, procedures to be used for
|
24 |
| terminating operations at the site, and recordkeeping |
25 |
| sufficient to
document the amount of materials received, |
26 |
| composted and otherwise
disposed of; and
|
27 |
| (6) the operation will be conducted in accordance with |
28 |
| any applicable
rules adopted by the Board.
|
29 |
| The Agency shall issue renewable permits of not longer than |
30 |
| 10 years
in duration for the composting of landscape wastes, as |
31 |
| defined in Section
3.155 of this Act, based on the above |
32 |
| requirements.
|
33 |
| The operator of any facility permitted under this |
34 |
| subsection (m) must
submit a written annual statement to the |
35 |
| Agency on or before April 1 of
each year that includes an |
36 |
| estimate of the amount of material, in tons,
received for |
|
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LRB094 05471 RSP 35516 b |
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| composting.
|
2 |
| (n) The Agency shall issue permits jointly with the |
3 |
| Department of
Transportation for the dredging or deposit of |
4 |
| material in Lake Michigan in
accordance with Section 18 of the |
5 |
| Rivers, Lakes, and Streams Act.
|
6 |
| (o) (Blank.)
|
7 |
| (p) (1) Any person submitting an application for a permit |
8 |
| for a new MSWLF
unit or for a lateral expansion under |
9 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF |
10 |
| unit that has not received and is not subject to local
siting |
11 |
| approval under Section 39.2 of this Act shall publish notice of |
12 |
| the
application in a newspaper of general circulation in the |
13 |
| county in which the
MSWLF unit is or is proposed to be located. |
14 |
| The notice must be published at
least 15 days before submission |
15 |
| of the permit application to the Agency. The
notice shall state |
16 |
| the name and address of the applicant, the location of the
|
17 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the |
18 |
| MSWLF unit or
proposed MSWLF unit, the nature of the activity |
19 |
| proposed, the probable life of
the proposed activity, the date |
20 |
| the permit application will be submitted, and a
statement that |
21 |
| persons may file written comments with the Agency concerning |
22 |
| the
permit application within 30 days after the filing of the |
23 |
| permit application
unless the time period to submit comments is |
24 |
| extended by the Agency.
|
25 |
| When a permit applicant submits information to the Agency |
26 |
| to supplement a
permit application being reviewed by the |
27 |
| Agency, the applicant shall not be
required to reissue the |
28 |
| notice under this subsection.
|
29 |
| (2) The Agency shall accept written comments concerning the |
30 |
| permit
application that are postmarked no later than 30 days |
31 |
| after the
filing of the permit application, unless the time |
32 |
| period to accept comments is
extended by the Agency.
|
33 |
| (3) Each applicant for a permit described in part (1) of |
34 |
| this subsection
shall file a
copy of the permit application |
35 |
| with the county board or governing body of the
municipality in |
36 |
| which the MSWLF unit is or is proposed to be located at the
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LRB094 05471 RSP 35516 b |
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| same time the application is submitted to the Agency. The |
2 |
| permit application
filed with the county board or governing |
3 |
| body of the municipality shall include
all documents submitted |
4 |
| to or to be submitted to the Agency, except trade
secrets as |
5 |
| determined under Section 7.1 of this Act. The permit |
6 |
| application
and other documents on file with the county board |
7 |
| or governing body of the
municipality shall be made available |
8 |
| for public inspection during regular
business hours at the |
9 |
| office of the county board or the governing body of the
|
10 |
| municipality and may be copied upon payment of the actual cost |
11 |
| of
reproduction.
|
12 |
| (Source: P.A. 92-574, eff. 6-26-02; 93-575, eff. 1-1-04.)
|
13 |
| Section 99. Effective date. This Act takes effect upon |
14 |
| becoming law.
|