Sen. James F. Clayborne, Jr.

Filed: 3/15/2011

 

 


 

 


 
09700SB1903sam001LRB097 09663 JDS 52948 a

1
AMENDMENT TO SENATE BILL 1903

2    AMENDMENT NO. ______. Amend Senate Bill 1903 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 39 as follows:
 
6    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
7    Sec. 39. Issuance of permits; procedures.
8    (a) When the Board has by regulation required a permit for
9the construction, installation, or operation of any type of
10facility, equipment, vehicle, vessel, or aircraft, the
11applicant shall apply to the Agency for such permit and it
12shall be the duty of the Agency to issue such a permit upon
13proof by the applicant that the facility, equipment, vehicle,
14vessel, or aircraft will not cause a violation of this Act or
15of regulations hereunder. The Agency shall adopt such
16procedures as are necessary to carry out its duties under this

 

 

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1Section. In making its determinations on permit applications
2under this Section the Agency may consider prior adjudications
3of noncompliance with this Act by the applicant that involved a
4release of a contaminant into the environment. In granting
5permits, the Agency may impose reasonable conditions
6specifically related to the applicant's past compliance
7history with this Act as necessary to correct, detect, or
8prevent noncompliance. The Agency may impose such other
9conditions as may be necessary to accomplish the purposes of
10this Act, and as are not inconsistent with the regulations
11promulgated by the Board hereunder. Except as otherwise
12provided in this Act, a bond or other security shall not be
13required as a condition for the issuance of a permit. If the
14Agency denies any permit under this Section, the Agency shall
15transmit to the applicant within the time limitations of this
16Section specific, detailed statements as to the reasons the
17permit application was denied. Such statements shall include,
18but not be limited to the following:
19        (i) the Sections of this Act which may be violated if
20    the permit were granted;
21        (ii) the provision of the regulations, promulgated
22    under this Act, which may be violated if the permit were
23    granted;
24        (iii) the specific type of information, if any, which
25    the Agency deems the applicant did not provide the Agency;
26    and

 

 

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1        (iv) a statement of specific reasons why the Act and
2    the regulations might not be met if the permit were
3    granted.
4    If there is no final action by the Agency within 90 days
5after the filing of the application for permit, the applicant
6may deem the permit issued; except that this time period shall
7be extended to 180 days when (1) notice and opportunity for
8public hearing are required by State or federal law or
9regulation, (2) the application which was filed is for any
10permit to develop a landfill subject to issuance pursuant to
11this subsection, or (3) the application that was filed is for a
12MSWLF unit required to issue public notice under subsection (p)
13of Section 39. The 90-day and 180-day time periods for the
14Agency to take final action do not apply to NPDES permit
15applications under subsection (b) of this Section, to RCRA
16permit applications under subsection (d) of this Section, or to
17UIC permit applications under subsection (e) of this Section.
18    The Agency shall publish notice of all final permit
19determinations for development permits for MSWLF units and for
20significant permit modifications for lateral expansions for
21existing MSWLF units one time in a newspaper of general
22circulation in the county in which the unit is or is proposed
23to be located.
24    After January 1, 1994 and until July 1, 1998, operating
25permits issued under this Section by the Agency for sources of
26air pollution permitted to emit less than 25 tons per year of

 

 

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1any combination of regulated air pollutants, as defined in
2Section 39.5 of this Act, shall be required to be renewed only
3upon written request by the Agency consistent with applicable
4provisions of this Act and regulations promulgated hereunder.
5Such operating permits shall expire 180 days after the date of
6such a request. The Board shall revise its regulations for the
7existing State air pollution operating permit program
8consistent with this provision by January 1, 1994.
9    After June 30, 1998, operating permits issued under this
10Section by the Agency for sources of air pollution that are not
11subject to Section 39.5 of this Act and are not required to
12have a federally enforceable State operating permit shall be
13required to be renewed only upon written request by the Agency
14consistent with applicable provisions of this Act and its
15rules. Such operating permits shall expire 180 days after the
16date of such a request. Before July 1, 1998, the Board shall
17revise its rules for the existing State air pollution operating
18permit program consistent with this paragraph and shall adopt
19rules that require a source to demonstrate that it qualifies
20for a permit under this paragraph.
21    Within 2 years after the effective date of this amendatory
22Act of the 97th General Assembly, the Agency shall make all
23permit applications on-line, editable, and savable files.
24    (b) The Agency may issue NPDES permits exclusively under
25this subsection for the discharge of contaminants from point
26sources into navigable waters, all as defined in the Federal

 

 

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1Water Pollution Control Act, as now or hereafter amended,
2within the jurisdiction of the State, or into any well.
3    All NPDES permits shall contain those terms and conditions,
4including but not limited to schedules of compliance, which may
5be required to accomplish the purposes and provisions of this
6Act.
7    The Agency may issue general NPDES permits for discharges
8from categories of point sources which are subject to the same
9permit limitations and conditions. Such general permits may be
10issued without individual applications and shall conform to
11regulations promulgated under Section 402 of the Federal Water
12Pollution Control Act, as now or hereafter amended.
13    The Agency may include, among such conditions, effluent
14limitations and other requirements established under this Act,
15Board regulations, the Federal Water Pollution Control Act, as
16now or hereafter amended, and regulations pursuant thereto, and
17schedules for achieving compliance therewith at the earliest
18reasonable date.
19    The Agency shall adopt filing requirements and procedures
20which are necessary and appropriate for the issuance of NPDES
21permits, and which are consistent with the Act or regulations
22adopted by the Board, and with the Federal Water Pollution
23Control Act, as now or hereafter amended, and regulations
24pursuant thereto.
25    The Agency, subject to any conditions which may be
26prescribed by Board regulations, may issue NPDES permits to

 

 

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1allow discharges beyond deadlines established by this Act or by
2regulations of the Board without the requirement of a variance,
3subject to the Federal Water Pollution Control Act, as now or
4hereafter amended, and regulations pursuant thereto.
5    (c) Except for those facilities owned or operated by
6sanitary districts organized under the Metropolitan Water
7Reclamation District Act, no permit for the development or
8construction of a new pollution control facility may be granted
9by the Agency unless the applicant submits proof to the Agency
10that the location of the facility has been approved by the
11County Board of the county if in an unincorporated area, or the
12governing body of the municipality when in an incorporated
13area, in which the facility is to be located in accordance with
14Section 39.2 of this Act. For purposes of this subsection (c),
15and for purposes of Section 39.2 of this Act, the appropriate
16county board or governing body of the municipality shall be the
17county board of the county or the governing body of the
18municipality in which the facility is to be located as of the
19date when the application for siting approval is filed.
20    In the event that siting approval granted pursuant to
21Section 39.2 has been transferred to a subsequent owner or
22operator, that subsequent owner or operator may apply to the
23Agency for, and the Agency may grant, a development or
24construction permit for the facility for which local siting
25approval was granted. Upon application to the Agency for a
26development or construction permit by that subsequent owner or

 

 

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1operator, the permit applicant shall cause written notice of
2the permit application to be served upon the appropriate county
3board or governing body of the municipality that granted siting
4approval for that facility and upon any party to the siting
5proceeding pursuant to which siting approval was granted. In
6that event, the Agency shall conduct an evaluation of the
7subsequent owner or operator's prior experience in waste
8management operations in the manner conducted under subsection
9(i) of Section 39 of this Act.
10    Beginning August 20, 1993, if the pollution control
11facility consists of a hazardous or solid waste disposal
12facility for which the proposed site is located in an
13unincorporated area of a county with a population of less than
14100,000 and includes all or a portion of a parcel of land that
15was, on April 1, 1993, adjacent to a municipality having a
16population of less than 5,000, then the local siting review
17required under this subsection (c) in conjunction with any
18permit applied for after that date shall be performed by the
19governing body of that adjacent municipality rather than the
20county board of the county in which the proposed site is
21located; and for the purposes of that local siting review, any
22references in this Act to the county board shall be deemed to
23mean the governing body of that adjacent municipality;
24provided, however, that the provisions of this paragraph shall
25not apply to any proposed site which was, on April 1, 1993,
26owned in whole or in part by another municipality.

 

 

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1    In the case of a pollution control facility for which a
2development permit was issued before November 12, 1981, if an
3operating permit has not been issued by the Agency prior to
4August 31, 1989 for any portion of the facility, then the
5Agency may not issue or renew any development permit nor issue
6an original operating permit for any portion of such facility
7unless the applicant has submitted proof to the Agency that the
8location of the facility has been approved by the appropriate
9county board or municipal governing body pursuant to Section
1039.2 of this Act.
11    After January 1, 1994, if a solid waste disposal facility,
12any portion for which an operating permit has been issued by
13the Agency, has not accepted waste disposal for 5 or more
14consecutive calendars years, before that facility may accept
15any new or additional waste for disposal, the owner and
16operator must obtain a new operating permit under this Act for
17that facility unless the owner and operator have applied to the
18Agency for a permit authorizing the temporary suspension of
19waste acceptance. The Agency may not issue a new operation
20permit under this Act for the facility unless the applicant has
21submitted proof to the Agency that the location of the facility
22has been approved or re-approved by the appropriate county
23board or municipal governing body under Section 39.2 of this
24Act after the facility ceased accepting waste.
25    Except for those facilities owned or operated by sanitary
26districts organized under the Metropolitan Water Reclamation

 

 

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1District Act, and except for new pollution control facilities
2governed by Section 39.2, and except for fossil fuel mining
3facilities, the granting of a permit under this Act shall not
4relieve the applicant from meeting and securing all necessary
5zoning approvals from the unit of government having zoning
6jurisdiction over the proposed facility.
7    Before beginning construction on any new sewage treatment
8plant or sludge drying site to be owned or operated by a
9sanitary district organized under the Metropolitan Water
10Reclamation District Act for which a new permit (rather than
11the renewal or amendment of an existing permit) is required,
12such sanitary district shall hold a public hearing within the
13municipality within which the proposed facility is to be
14located, or within the nearest community if the proposed
15facility is to be located within an unincorporated area, at
16which information concerning the proposed facility shall be
17made available to the public, and members of the public shall
18be given the opportunity to express their views concerning the
19proposed facility.
20    The Agency may issue a permit for a municipal waste
21transfer station without requiring approval pursuant to
22Section 39.2 provided that the following demonstration is made:
23        (1) the municipal waste transfer station was in
24    existence on or before January 1, 1979 and was in
25    continuous operation from January 1, 1979 to January 1,
26    1993;

 

 

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1        (2) the operator submitted a permit application to the
2    Agency to develop and operate the municipal waste transfer
3    station during April of 1994;
4        (3) the operator can demonstrate that the county board
5    of the county, if the municipal waste transfer station is
6    in an unincorporated area, or the governing body of the
7    municipality, if the station is in an incorporated area,
8    does not object to resumption of the operation of the
9    station; and
10        (4) the site has local zoning approval.
11    (d) The Agency may issue RCRA permits exclusively under
12this subsection to persons owning or operating a facility for
13the treatment, storage, or disposal of hazardous waste as
14defined under this Act.
15    All RCRA permits shall contain those terms and conditions,
16including but not limited to schedules of compliance, which may
17be required to accomplish the purposes and provisions of this
18Act. The Agency may include among such conditions standards and
19other requirements established under this Act, Board
20regulations, the Resource Conservation and Recovery Act of 1976
21(P.L. 94-580), as amended, and regulations pursuant thereto,
22and may include schedules for achieving compliance therewith as
23soon as possible. The Agency shall require that a performance
24bond or other security be provided as a condition for the
25issuance of a RCRA permit.
26    In the case of a permit to operate a hazardous waste or PCB

 

 

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1incinerator as defined in subsection (k) of Section 44, the
2Agency shall require, as a condition of the permit, that the
3operator of the facility perform such analyses of the waste to
4be incinerated as may be necessary and appropriate to ensure
5the safe operation of the incinerator.
6    The Agency shall adopt filing requirements and procedures
7which are necessary and appropriate for the issuance of RCRA
8permits, and which are consistent with the Act or regulations
9adopted by the Board, and with the Resource Conservation and
10Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
11pursuant thereto.
12    The applicant shall make available to the public for
13inspection all documents submitted by the applicant to the
14Agency in furtherance of an application, with the exception of
15trade secrets, at the office of the county board or governing
16body of the municipality. Such documents may be copied upon
17payment of the actual cost of reproduction during regular
18business hours of the local office. The Agency shall issue a
19written statement concurrent with its grant or denial of the
20permit explaining the basis for its decision.
21    (e) The Agency may issue UIC permits exclusively under this
22subsection to persons owning or operating a facility for the
23underground injection of contaminants as defined under this
24Act.
25    All UIC permits shall contain those terms and conditions,
26including but not limited to schedules of compliance, which may

 

 

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1be required to accomplish the purposes and provisions of this
2Act. The Agency may include among such conditions standards and
3other requirements established under this Act, Board
4regulations, the Safe Drinking Water Act (P.L. 93-523), as
5amended, and regulations pursuant thereto, and may include
6schedules for achieving compliance therewith. The Agency shall
7require that a performance bond or other security be provided
8as a condition for the issuance of a UIC permit.
9    The Agency shall adopt filing requirements and procedures
10which are necessary and appropriate for the issuance of UIC
11permits, and which are consistent with the Act or regulations
12adopted by the Board, and with the Safe Drinking Water Act
13(P.L. 93-523), as amended, and regulations pursuant thereto.
14    The applicant shall make available to the public for
15inspection, all documents submitted by the applicant to the
16Agency in furtherance of an application, with the exception of
17trade secrets, at the office of the county board or governing
18body of the municipality. Such documents may be copied upon
19payment of the actual cost of reproduction during regular
20business hours of the local office. The Agency shall issue a
21written statement concurrent with its grant or denial of the
22permit explaining the basis for its decision.
23    (f) In making any determination pursuant to Section 9.1 of
24this Act:
25        (1) The Agency shall have authority to make the
26    determination of any question required to be determined by

 

 

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1    the Clean Air Act, as now or hereafter amended, this Act,
2    or the regulations of the Board, including the
3    determination of the Lowest Achievable Emission Rate,
4    Maximum Achievable Control Technology, or Best Available
5    Control Technology, consistent with the Board's
6    regulations, if any.
7        (2) The Agency shall, after conferring with the
8    applicant, give written notice to the applicant of its
9    proposed decision on the application including the terms
10    and conditions of the permit to be issued and the facts,
11    conduct or other basis upon which the Agency will rely to
12    support its proposed action.
13        (3) Following such notice, the Agency shall give the
14    applicant an opportunity for a hearing in accordance with
15    the provisions of Sections 10-25 through 10-60 of the
16    Illinois Administrative Procedure Act.
17    (g) The Agency shall include as conditions upon all permits
18issued for hazardous waste disposal sites such restrictions
19upon the future use of such sites as are reasonably necessary
20to protect public health and the environment, including
21permanent prohibition of the use of such sites for purposes
22which may create an unreasonable risk of injury to human health
23or to the environment. After administrative and judicial
24challenges to such restrictions have been exhausted, the Agency
25shall file such restrictions of record in the Office of the
26Recorder of the county in which the hazardous waste disposal

 

 

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1site is located.
2    (h) A hazardous waste stream may not be deposited in a
3permitted hazardous waste site unless specific authorization
4is obtained from the Agency by the generator and disposal site
5owner and operator for the deposit of that specific hazardous
6waste stream. The Agency may grant specific authorization for
7disposal of hazardous waste streams only after the generator
8has reasonably demonstrated that, considering technological
9feasibility and economic reasonableness, the hazardous waste
10cannot be reasonably recycled for reuse, nor incinerated or
11chemically, physically or biologically treated so as to
12neutralize the hazardous waste and render it nonhazardous. In
13granting authorization under this Section, the Agency may
14impose such conditions as may be necessary to accomplish the
15purposes of the Act and are consistent with this Act and
16regulations promulgated by the Board hereunder. If the Agency
17refuses to grant authorization under this Section, the
18applicant may appeal as if the Agency refused to grant a
19permit, pursuant to the provisions of subsection (a) of Section
2040 of this Act. For purposes of this subsection (h), the term
21"generator" has the meaning given in Section 3.205 of this Act,
22unless: (1) the hazardous waste is treated, incinerated, or
23partially recycled for reuse prior to disposal, in which case
24the last person who treats, incinerates, or partially recycles
25the hazardous waste prior to disposal is the generator; or (2)
26the hazardous waste is from a response action, in which case

 

 

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1the person performing the response action is the generator.
2This subsection (h) does not apply to any hazardous waste that
3is restricted from land disposal under 35 Ill. Adm. Code 728.
4    (i) Before issuing any RCRA permit, any permit for a waste
5storage site, sanitary landfill, waste disposal site, waste
6transfer station, waste treatment facility, waste incinerator,
7or any waste-transportation operation, or any permit or interim
8authorization for a clean construction or demolition debris
9fill operation, the Agency shall conduct an evaluation of the
10prospective owner's or operator's prior experience in waste
11management operations and clean construction or demolition
12debris fill operations. The Agency may deny such a permit, or
13deny or revoke interim authorization, if the prospective owner
14or operator or any employee or officer of the prospective owner
15or operator has a history of:
16        (1) repeated violations of federal, State, or local
17    laws, regulations, standards, or ordinances in the
18    operation of waste management facilities or sites or clean
19    construction or demolition debris fill operation
20    facilities or sites; or
21        (2) conviction in this or another State of any crime
22    which is a felony under the laws of this State, or
23    conviction of a felony in a federal court; or conviction in
24    this or another state or federal court of any of the
25    following crimes: forgery, official misconduct, bribery,
26    perjury, or knowingly submitting false information under

 

 

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1    any environmental law, regulation, or permit term or
2    condition; or
3        (3) proof of gross carelessness or incompetence in
4    handling, storing, processing, transporting or disposing
5    of waste or clean construction or demolition debris, or
6    proof of gross carelessness or incompetence in using clean
7    construction or demolition debris as fill.
8    (i-5) Before issuing any permit or approving any interim
9authorization for a clean construction or demolition debris
10fill operation in which any ownership interest is transferred
11between January 1, 2005, and the effective date of the
12prohibition set forth in Section 22.52 of this Act, the Agency
13shall conduct an evaluation of the operation if any previous
14activities at the site or facility may have caused or allowed
15contamination of the site. It shall be the responsibility of
16the owner or operator seeking the permit or interim
17authorization to provide to the Agency all of the information
18necessary for the Agency to conduct its evaluation. The Agency
19may deny a permit or interim authorization if previous
20activities at the site may have caused or allowed contamination
21at the site, unless such contamination is authorized under any
22permit issued by the Agency.
23    (j) The issuance under this Act of a permit to engage in
24the surface mining of any resources other than fossil fuels
25shall not relieve the permittee from its duty to comply with
26any applicable local law regulating the commencement, location

 

 

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1or operation of surface mining facilities.
2    (k) A development permit issued under subsection (a) of
3Section 39 for any facility or site which is required to have a
4permit under subsection (d) of Section 21 shall expire at the
5end of 2 calendar years from the date upon which it was issued,
6unless within that period the applicant has taken action to
7develop the facility or the site. In the event that review of
8the conditions of the development permit is sought pursuant to
9Section 40 or 41, or permittee is prevented from commencing
10development of the facility or site by any other litigation
11beyond the permittee's control, such two-year period shall be
12deemed to begin on the date upon which such review process or
13litigation is concluded.
14    (l) No permit shall be issued by the Agency under this Act
15for construction or operation of any facility or site located
16within the boundaries of any setback zone established pursuant
17to this Act, where such construction or operation is
18prohibited.
19    (m) The Agency may issue permits to persons owning or
20operating a facility for composting landscape waste. In
21granting such permits, the Agency may impose such conditions as
22may be necessary to accomplish the purposes of this Act, and as
23are not inconsistent with applicable regulations promulgated
24by the Board. Except as otherwise provided in this Act, a bond
25or other security shall not be required as a condition for the
26issuance of a permit. If the Agency denies any permit pursuant

 

 

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1to this subsection, the Agency shall transmit to the applicant
2within the time limitations of this subsection specific,
3detailed statements as to the reasons the permit application
4was denied. Such statements shall include but not be limited to
5the following:
6        (1) the Sections of this Act that may be violated if
7    the permit were granted;
8        (2) the specific regulations promulgated pursuant to
9    this Act that may be violated if the permit were granted;
10        (3) the specific information, if any, the Agency deems
11    the applicant did not provide in its application to the
12    Agency; and
13        (4) a statement of specific reasons why the Act and the
14    regulations might be violated if the permit were granted.
15    If no final action is taken by the Agency within 90 days
16after the filing of the application for permit, the applicant
17may deem the permit issued. Any applicant for a permit may
18waive the 90 day limitation by filing a written statement with
19the Agency.
20    The Agency shall issue permits for such facilities upon
21receipt of an application that includes a legal description of
22the site, a topographic map of the site drawn to the scale of
23200 feet to the inch or larger, a description of the operation,
24including the area served, an estimate of the volume of
25materials to be processed, and documentation that:
26        (1) the facility includes a setback of at least 200

 

 

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1    feet from the nearest potable water supply well;
2        (2) the facility is located outside the boundary of the
3    10-year floodplain or the site will be floodproofed;
4        (3) the facility is located so as to minimize
5    incompatibility with the character of the surrounding
6    area, including at least a 200 foot setback from any
7    residence, and in the case of a facility that is developed
8    or the permitted composting area of which is expanded after
9    November 17, 1991, the composting area is located at least
10    1/8 mile from the nearest residence (other than a residence
11    located on the same property as the facility);
12        (4) the design of the facility will prevent any compost
13    material from being placed within 5 feet of the water
14    table, will adequately control runoff from the site, and
15    will collect and manage any leachate that is generated on
16    the site;
17        (5) the operation of the facility will include
18    appropriate dust and odor control measures, limitations on
19    operating hours, appropriate noise control measures for
20    shredding, chipping and similar equipment, management
21    procedures for composting, containment and disposal of
22    non-compostable wastes, procedures to be used for
23    terminating operations at the site, and recordkeeping
24    sufficient to document the amount of materials received,
25    composted and otherwise disposed of; and
26        (6) the operation will be conducted in accordance with

 

 

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1    any applicable rules adopted by the Board.
2    The Agency shall issue renewable permits of not longer than
310 years in duration for the composting of landscape wastes, as
4defined in Section 3.155 of this Act, based on the above
5requirements.
6    The operator of any facility permitted under this
7subsection (m) must submit a written annual statement to the
8Agency on or before April 1 of each year that includes an
9estimate of the amount of material, in tons, received for
10composting.
11    (n) The Agency shall issue permits jointly with the
12Department of Transportation for the dredging or deposit of
13material in Lake Michigan in accordance with Section 18 of the
14Rivers, Lakes, and Streams Act.
15    (o) (Blank.)
16    (p) (1) Any person submitting an application for a permit
17for a new MSWLF unit or for a lateral expansion under
18subsection (t) of Section 21 of this Act for an existing MSWLF
19unit that has not received and is not subject to local siting
20approval under Section 39.2 of this Act shall publish notice of
21the application in a newspaper of general circulation in the
22county in which the MSWLF unit is or is proposed to be located.
23The notice must be published at least 15 days before submission
24of the permit application to the Agency. The notice shall state
25the name and address of the applicant, the location of the
26MSWLF unit or proposed MSWLF unit, the nature and size of the

 

 

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1MSWLF unit or proposed MSWLF unit, the nature of the activity
2proposed, the probable life of the proposed activity, the date
3the permit application will be submitted, and a statement that
4persons may file written comments with the Agency concerning
5the permit application within 30 days after the filing of the
6permit application unless the time period to submit comments is
7extended by the Agency.
8    When a permit applicant submits information to the Agency
9to supplement a permit application being reviewed by the
10Agency, the applicant shall not be required to reissue the
11notice under this subsection.
12    (2) The Agency shall accept written comments concerning the
13permit application that are postmarked no later than 30 days
14after the filing of the permit application, unless the time
15period to accept comments is extended by the Agency.
16    (3) Each applicant for a permit described in part (1) of
17this subsection shall file a copy of the permit application
18with the county board or governing body of the municipality in
19which the MSWLF unit is or is proposed to be located at the
20same time the application is submitted to the Agency. The
21permit application filed with the county board or governing
22body of the municipality shall include all documents submitted
23to or to be submitted to the Agency, except trade secrets as
24determined under Section 7.1 of this Act. The permit
25application and other documents on file with the county board
26or governing body of the municipality shall be made available

 

 

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1for public inspection during regular business hours at the
2office of the county board or the governing body of the
3municipality and may be copied upon payment of the actual cost
4of reproduction.
5(Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06;
695-288, eff. 8-20-07.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".