98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1868

 

Introduced 2/15/2013, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/3.330  was 415 ILCS 5/3.32
415 ILCS 5/39  from Ch. 111 1/2, par. 1039
415 ILCS 5/39.2  from Ch. 111 1/2, par. 1039.2
415 ILCS 5/39.2a new

    Amends the Environmental Protection Act. Specifies that any any site or facility for the treatment, storage, or disposal of polychlorinated biphenyls (PCBs) or PCB Items regulated under Subpart D of 40 C.F.R. 761 that is located less than 500 feet above an aquifer that currently provides the only source of potable water for a community water supply is a pollution control facility. Provides that, in the case of a site or facility for the treatment, storage, or disposal of polychlorinated biphenyls (PCBs) or PCB Items regulated under Subpart D of 40 C.F.R. 761 that is located less than 500 feet above an aquifer that currently provides the only source of potable water for a community water supply, local siting approval must be obtained by the county board of each county located, in whole or part, within the aquifer's boundaries and the governing body of each municipality located, in whole or part, within the aquifer's boundaries. Provides that no site or facility for the treatment, storage, or disposal of polychlorinated biphenyls (PCBs) or PCB Items regulated under Subpart D of 40 C.F.R. 761 that is located less than 500 feet above an aquifer that currently provides the only source of potable water for a community water supply shall commence or continue treating, storing, disposing of, or accepting for treatment, storage, or disposal any polychlorinated biphenyls (PCBs) or PCB Items, unless the owner or operator of that site or facility submits proof to the Agency that the operation of the facility on and after the effective date of the amendatory Act has been approved by ordinances duly adopted by the county board of each county located, in or whole in part, within the aquifer's boundaries and the governing body of each municipality located, in or whole or part, within the aquifer's boundaries. Effective immediately.


LRB098 10672 JDS 40975 b

 

 

A BILL FOR

 

SB1868LRB098 10672 JDS 40975 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Section 39.2a and changing Sections 3.330, 39, and 39.2
6as follows:
 
7    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
8    Sec. 3.330. Pollution control facility.
9    (a) "Pollution control facility" is any waste storage site,
10sanitary landfill, waste disposal site, waste transfer
11station, waste treatment facility, or waste incinerator. This
12includes sewers, sewage treatment plants, and any other
13facilities owned or operated by sanitary districts organized
14under the Metropolitan Water Reclamation District Act.
15    The following are not pollution control facilities:
16        (1) (blank);
17        (2) waste storage sites regulated under 40 CFR, Part
18    761.42;
19        (3) sites or facilities used by any person conducting a
20    waste storage, waste treatment, waste disposal, waste
21    transfer or waste incineration operation, or a combination
22    thereof, for wastes generated by such person's own
23    activities, when such wastes are stored, treated, disposed

 

 

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1    of, transferred or incinerated within the site or facility
2    owned, controlled or operated by such person, or when such
3    wastes are transported within or between sites or
4    facilities owned, controlled or operated by such person;
5        (4) sites or facilities at which the State is
6    performing removal or remedial action pursuant to Section
7    22.2 or 55.3;
8        (5) abandoned quarries used solely for the disposal of
9    concrete, earth materials, gravel, or aggregate debris
10    resulting from road construction activities conducted by a
11    unit of government or construction activities due to the
12    construction and installation of underground pipes, lines,
13    conduit or wires off of the premises of a public utility
14    company which are conducted by a public utility;
15        (6) sites or facilities used by any person to
16    specifically conduct a landscape composting operation;
17        (7) regional facilities as defined in the Central
18    Midwest Interstate Low-Level Radioactive Waste Compact;
19        (8) the portion of a site or facility where coal
20    combustion wastes are stored or disposed of in accordance
21    with subdivision (r)(2) or (r)(3) of Section 21;
22        (9) the portion of a site or facility used for the
23    collection, storage or processing of waste tires as defined
24    in Title XIV;
25        (10) the portion of a site or facility used for
26    treatment of petroleum contaminated materials by

 

 

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1    application onto or incorporation into the soil surface and
2    any portion of that site or facility used for storage of
3    petroleum contaminated materials before treatment. Only
4    those categories of petroleum listed in Section 57.9(a)(3)
5    are exempt under this subdivision (10);
6        (11) the portion of a site or facility where used oil
7    is collected or stored prior to shipment to a recycling or
8    energy recovery facility, provided that the used oil is
9    generated by households or commercial establishments, and
10    the site or facility is a recycling center or a business
11    where oil or gasoline is sold at retail;
12        (11.5) processing sites or facilities that receive
13    only on-specification used oil, as defined in 35 Ill.
14    Admin. Code 739, originating from used oil collectors for
15    processing that is managed under 35 Ill. Admin. Code 739 to
16    produce products for sale to off-site petroleum
17    facilities, if these processing sites or facilities are:
18    (i) located within a home rule unit of local government
19    with a population of at least 30,000 according to the 2000
20    federal census, that home rule unit of local government has
21    been designated as an Urban Round II Empowerment Zone by
22    the United States Department of Housing and Urban
23    Development, and that home rule unit of local government
24    has enacted an ordinance approving the location of the site
25    or facility and provided funding for the site or facility;
26    and (ii) in compliance with all applicable zoning

 

 

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1    requirements;
2        (12) the portion of a site or facility utilizing coal
3    combustion waste for stabilization and treatment of only
4    waste generated on that site or facility when used in
5    connection with response actions pursuant to the federal
6    Comprehensive Environmental Response, Compensation, and
7    Liability Act of 1980, the federal Resource Conservation
8    and Recovery Act of 1976, or the Illinois Environmental
9    Protection Act or as authorized by the Agency;
10        (13) the portion of a site or facility that (i) accepts
11    exclusively general construction or demolition debris,
12    (ii) is located in a county with a population over
13    3,000,000 as of January 1, 2000 or in a county that is
14    contiguous to such a county, and (iii) is operated and
15    located in accordance with Section 22.38 of this Act;
16        (14) the portion of a site or facility, located within
17    a unit of local government that has enacted local zoning
18    requirements, used to accept, separate, and process
19    uncontaminated broken concrete, with or without protruding
20    metal bars, provided that the uncontaminated broken
21    concrete and metal bars are not speculatively accumulated,
22    are at the site or facility no longer than one year after
23    their acceptance, and are returned to the economic
24    mainstream in the form of raw materials or products;
25        (15) the portion of a site or facility located in a
26    county with a population over 3,000,000 that has obtained

 

 

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1    local siting approval under Section 39.2 of this Act for a
2    municipal waste incinerator on or before July 1, 2005 and
3    that is used for a non-hazardous waste transfer station;
4        (16) a site or facility that temporarily holds in
5    transit for 10 days or less, non-putrescible solid waste in
6    original containers, no larger in capacity than 500
7    gallons, provided that such waste is further transferred to
8    a recycling, disposal, treatment, or storage facility on a
9    non-contiguous site and provided such site or facility
10    complies with the applicable 10-day transfer requirements
11    of the federal Resource Conservation and Recovery Act of
12    1976 and United States Department of Transportation
13    hazardous material requirements. For purposes of this
14    Section only, "non-putrescible solid waste" means waste
15    other than municipal garbage that does not rot or become
16    putrid, including, but not limited to, paints, solvent,
17    filters, and absorbents;
18        (17) the portion of a site or facility located in a
19    county with a population greater than 3,000,000 that has
20    obtained local siting approval, under Section 39.2 of this
21    Act, for a municipal waste incinerator on or before July 1,
22    2005 and that is used for wood combustion facilities for
23    energy recovery that accept and burn only wood material, as
24    included in a fuel specification approved by the Agency;
25        (18) a transfer station used exclusively for landscape
26    waste, including a transfer station where landscape waste

 

 

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1    is ground to reduce its volume, where the landscape waste
2    is held no longer than 24 hours from the time it was
3    received;
4        (19) the portion of a site or facility that (i) is used
5    for the composting of food scrap, livestock waste, crop
6    residue, uncontaminated wood waste, or paper waste,
7    including, but not limited to, corrugated paper or
8    cardboard, and (ii) meets all of the following
9    requirements:
10            (A) There must not be more than a total of 30,000
11        cubic yards of livestock waste in raw form or in the
12        process of being composted at the site or facility at
13        any one time.
14            (B) All food scrap, livestock waste, crop residue,
15        uncontaminated wood waste, and paper waste must, by the
16        end of each operating day, be processed and placed into
17        an enclosed vessel in which air flow and temperature
18        are controlled, or all of the following additional
19        requirements must be met:
20                (i) The portion of the site or facility used
21            for the composting operation must include a
22            setback of at least 200 feet from the nearest
23            potable water supply well.
24                (ii) The portion of the site or facility used
25            for the composting operation must be located
26            outside the boundary of the 10-year floodplain or

 

 

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1            floodproofed.
2                (iii) The portion of the site or facility used
3            for the composting operation must be located at
4            least one-eighth of a mile from the nearest
5            residence, other than a residence located on the
6            same property as the site or facility.
7                (iv) The portion of the site or facility used
8            for the composting operation must be located at
9            least one-eighth of a mile from the property line
10            of all of the following areas:
11                    (I) Facilities that primarily serve to
12                house or treat people that are
13                immunocompromised or immunosuppressed, such as
14                cancer or AIDS patients; people with asthma,
15                cystic fibrosis, or bioaerosol allergies; or
16                children under the age of one year.
17                    (II) Primary and secondary schools and
18                adjacent areas that the schools use for
19                recreation.
20                    (III) Any facility for child care licensed
21                under Section 3 of the Child Care Act of 1969;
22                preschools; and adjacent areas that the
23                facilities or preschools use for recreation.
24                (v) By the end of each operating day, all food
25            scrap, livestock waste, crop residue,
26            uncontaminated wood waste, and paper waste must be

 

 

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1            (i) processed into windrows or other piles and (ii)
2            covered in a manner that prevents scavenging by
3            birds and animals and that prevents other
4            nuisances.
5            (C) Food scrap, livestock waste, crop residue,
6        uncontaminated wood waste, paper waste, and compost
7        must not be placed within 5 feet of the water table.
8            (D) The site or facility must meet all of the
9        requirements of the Wild and Scenic Rivers Act (16
10        U.S.C. 1271 et seq.).
11            (E) The site or facility must not (i) restrict the
12        flow of a 100-year flood, (ii) result in washout of
13        food scrap, livestock waste, crop residue,
14        uncontaminated wood waste, or paper waste from a
15        100-year flood, or (iii) reduce the temporary water
16        storage capacity of the 100-year floodplain, unless
17        measures are undertaken to provide alternative storage
18        capacity, such as by providing lagoons, holding tanks,
19        or drainage around structures at the facility.
20            (F) The site or facility must not be located in any
21        area where it may pose a threat of harm or destruction
22        to the features for which:
23                (i) an irreplaceable historic or
24            archaeological site has been listed under the
25            National Historic Preservation Act (16 U.S.C. 470
26            et seq.) or the Illinois Historic Preservation

 

 

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1            Act;
2                (ii) a natural landmark has been designated by
3            the National Park Service or the Illinois State
4            Historic Preservation Office; or
5                (iii) a natural area has been designated as a
6            Dedicated Illinois Nature Preserve under the
7            Illinois Natural Areas Preservation Act.
8            (G) The site or facility must not be located in an
9        area where it may jeopardize the continued existence of
10        any designated endangered species, result in the
11        destruction or adverse modification of the critical
12        habitat for such species, or cause or contribute to the
13        taking of any endangered or threatened species of
14        plant, fish, or wildlife listed under the Endangered
15        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
16        Endangered Species Protection Act;
17        (20) the portion of a site or facility that is located
18    entirely within a home rule unit having a population of no
19    less than 120,000 and no more than 135,000, according to
20    the 2000 federal census, and that meets all of the
21    following requirements:
22                (i) the portion of the site or facility is used
23            exclusively to perform testing of a thermochemical
24            conversion technology using only woody biomass,
25            collected as landscape waste within the boundaries
26            of the home rule unit, as the hydrocarbon feedstock

 

 

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1            for the production of synthetic gas in accordance
2            with Section 39.9 of this Act;
3                (ii) the portion of the site or facility is in
4            compliance with all applicable zoning
5            requirements; and
6                (iii) a complete application for a
7            demonstration permit at the portion of the site or
8            facility has been submitted to the Agency in
9            accordance with Section 39.9 of this Act within one
10            year after July 27, 2010 (the effective date of
11            Public Act 96-1314);
12        (21) the portion of a site or facility used to perform
13    limited testing of a gasification conversion technology in
14    accordance with Section 39.8 of this Act and for which a
15    complete permit application has been submitted to the
16    Agency prior to one year from April 9, 2010 (the effective
17    date of Public Act 96-887); and
18        (22) the portion of a site or facility that is used to
19    incinerate only pharmaceuticals from residential sources
20    that are collected and transported by law enforcement
21    agencies under Section 17.9A of this Act.
22    (a-5) Notwithstanding any provision of subsection (a) of
23this Section to the contrary, any site or facility for the
24treatment, storage, or disposal of polychlorinated biphenyls
25(PCBs) or PCB Items regulated under Subpart D of 40 C.F.R. 761
26that is located less than 500 feet above an aquifer that

 

 

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1currently provides the only source of potable water for a
2community water supply is a pollution control facility.
3    (b) A new pollution control facility is:
4        (1) a pollution control facility initially permitted
5    for development or construction after July 1, 1981; or
6        (2) the area of expansion beyond the boundary of a
7    currently permitted pollution control facility; or
8        (3) a permitted pollution control facility requesting
9    approval to store, dispose of, transfer or incinerate, for
10    the first time, any special or hazardous waste.
11(Source: P.A. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09;
1296-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff.
137-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545,
14eff. 1-1-12.)
 
15    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
16    Sec. 39. Issuance of permits; procedures.
17    (a) When the Board has by regulation required a permit for
18the construction, installation, or operation of any type of
19facility, equipment, vehicle, vessel, or aircraft, the
20applicant shall apply to the Agency for such permit and it
21shall be the duty of the Agency to issue such a permit upon
22proof by the applicant that the facility, equipment, vehicle,
23vessel, or aircraft will not cause a violation of this Act or
24of regulations hereunder. The Agency shall adopt such
25procedures 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    (b) The Agency may issue NPDES permits exclusively under
22this subsection for the discharge of contaminants from point
23sources into navigable waters, all as defined in the Federal
24Water Pollution Control Act, as now or hereafter amended,
25within the jurisdiction of the State, or into any well.
26    All NPDES permits shall contain those terms and conditions,

 

 

SB1868- 15 -LRB098 10672 JDS 40975 b

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

 

 

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1hereafter amended, and regulations pursuant thereto.
2    (c) Except for those facilities owned or operated by
3sanitary districts organized under the Metropolitan Water
4Reclamation District Act, no permit for the development or
5construction of a new pollution control facility may be granted
6by the Agency unless the applicant submits proof to the Agency
7that the location of the facility has been approved by the
8appropriate governing bodies County Board of the county if in
9an unincorporated area, or the governing body of the
10municipality when in an incorporated area, in which the
11facility is to be located in accordance with Section 39.2 of
12this Act. For purposes of this subsection (c), and for purposes
13of Section 39.2 of this Act, the appropriate governing bodies
14appropriate county board or governing body of the municipality
15shall be: (i) except as provided in item (ii), for
16unincorporated areas, the county board of the county in which
17the facility is to be located as of the date when the
18application for siting approval is filed or, for incorporated
19areas, the governing body of the municipality in which the
20facility is to be located as of the date when the application
21for siting approval is filed and (ii) in the case of a site or
22facility for the treatment, storage, or disposal of
23polychlorinated biphenyls (PCBs) or PCB Items regulated under
24Subpart D of 40 C.F.R. 761 that is located less than 500 feet
25above an aquifer that currently provides the only source of
26potable water for a community water supply, the county board of

 

 

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1each county located, in or whole in part, within the aquifer's
2boundaries and the governing body of each municipality located,
3in or whole or part, within the aquifer's boundaries.
4    In the event that siting approval granted pursuant to
5Section 39.2 has been transferred to a subsequent owner or
6operator, that subsequent owner or operator may apply to the
7Agency for, and the Agency may grant, a development or
8construction permit for the facility for which local siting
9approval was granted. Upon application to the Agency for a
10development or construction permit by that subsequent owner or
11operator, the permit applicant shall cause written notice of
12the permit application to be served upon the appropriate county
13board or governing body of the municipality that granted siting
14approval for that facility and upon any party to the siting
15proceeding pursuant to which siting approval was granted. In
16that event, the Agency shall conduct an evaluation of the
17subsequent owner or operator's prior experience in waste
18management operations in the manner conducted under subsection
19(i) of Section 39 of this Act.
20    Beginning August 20, 1993, if the pollution control
21facility consists of a hazardous or solid waste disposal
22facility for which the proposed site is located in an
23unincorporated area of a county with a population of less than
24100,000 and includes all or a portion of a parcel of land that
25was, on April 1, 1993, adjacent to a municipality having a
26population of less than 5,000, then the local siting review

 

 

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1required under this subsection (c) in conjunction with any
2permit applied for after that date shall be performed by the
3governing body of that adjacent municipality rather than the
4county board of the county in which the proposed site is
5located; and for the purposes of that local siting review, any
6references in this Act to the county board shall be deemed to
7mean the governing body of that adjacent municipality;
8provided, however, that the provisions of this paragraph shall
9not apply to any proposed site which was, on April 1, 1993,
10owned in whole or in part by another municipality or to any
11site or facility for the treatment, storage, or disposal of
12polychlorinated biphenyls (PCBs) or PCB Items regulated under
13Subpart D of 40 C.F.R. 761 that is located less than 500 feet
14above an aquifer that currently provides the only source of
15potable water for a community water supply.
16    In the case of a pollution control facility for which a
17development permit was issued before November 12, 1981, if an
18operating permit has not been issued by the Agency prior to
19August 31, 1989 for any portion of the facility, then the
20Agency may not issue or renew any development permit nor issue
21an original operating permit for any portion of such facility
22unless the applicant has submitted proof to the Agency that the
23location of the facility has been approved by the appropriate
24county board or municipal governing body pursuant to Section
2539.2 of this Act.
26    After January 1, 1994, if a solid waste disposal facility,

 

 

SB1868- 19 -LRB098 10672 JDS 40975 b

1any portion for which an operating permit has been issued by
2the Agency, has not accepted waste disposal for 5 or more
3consecutive calendars years, before that facility may accept
4any new or additional waste for disposal, the owner and
5operator must obtain a new operating permit under this Act for
6that facility unless the owner and operator have applied to the
7Agency for a permit authorizing the temporary suspension of
8waste acceptance. The Agency may not issue a new operation
9permit under this Act for the facility unless the applicant has
10submitted proof to the Agency that the location of the facility
11has been approved or re-approved by the appropriate county
12board or municipal governing body under Section 39.2 of this
13Act after the facility ceased accepting waste.
14    Except for those facilities owned or operated by sanitary
15districts organized under the Metropolitan Water Reclamation
16District Act, and except for new pollution control facilities
17governed by Section 39.2, and except for fossil fuel mining
18facilities, the granting of a permit under this Act shall not
19relieve the applicant from meeting and securing all necessary
20zoning approvals from the unit of government having zoning
21jurisdiction over the proposed facility.
22    Before beginning construction on any new sewage treatment
23plant or sludge drying site to be owned or operated by a
24sanitary district organized under the Metropolitan Water
25Reclamation District Act for which a new permit (rather than
26the renewal or amendment of an existing permit) is required,

 

 

SB1868- 20 -LRB098 10672 JDS 40975 b

1such sanitary district shall hold a public hearing within the
2municipality within which the proposed facility is to be
3located, or within the nearest community if the proposed
4facility is to be located within an unincorporated area, at
5which information concerning the proposed facility shall be
6made available to the public, and members of the public shall
7be given the opportunity to express their views concerning the
8proposed facility.
9    The Agency may issue a permit for a municipal waste
10transfer station without requiring approval pursuant to
11Section 39.2 provided that the following demonstration is made:
12        (1) the municipal waste transfer station was in
13    existence on or before January 1, 1979 and was in
14    continuous operation from January 1, 1979 to January 1,
15    1993;
16        (2) the operator submitted a permit application to the
17    Agency to develop and operate the municipal waste transfer
18    station during April of 1994;
19        (3) the operator can demonstrate that the county board
20    of the county, if the municipal waste transfer station is
21    in an unincorporated area, or the governing body of the
22    municipality, if the station is in an incorporated area,
23    does not object to resumption of the operation of the
24    station; and
25        (4) the site has local zoning approval.
26    (d) The Agency may issue RCRA permits exclusively under

 

 

SB1868- 21 -LRB098 10672 JDS 40975 b

1this subsection to persons owning or operating a facility for
2the treatment, storage, or disposal of hazardous waste as
3defined under this Act.
4    All RCRA permits shall contain those terms and conditions,
5including but not limited to schedules of compliance, which may
6be required to accomplish the purposes and provisions of this
7Act. The Agency may include among such conditions standards and
8other requirements established under this Act, Board
9regulations, the Resource Conservation and Recovery Act of 1976
10(P.L. 94-580), as amended, and regulations pursuant thereto,
11and may include schedules for achieving compliance therewith as
12soon as possible. The Agency shall require that a performance
13bond or other security be provided as a condition for the
14issuance of a RCRA permit.
15    In the case of a permit to operate a hazardous waste or PCB
16incinerator as defined in subsection (k) of Section 44, the
17Agency shall require, as a condition of the permit, that the
18operator of the facility perform such analyses of the waste to
19be incinerated as may be necessary and appropriate to ensure
20the safe operation of the incinerator.
21    The Agency shall adopt filing requirements and procedures
22which are necessary and appropriate for the issuance of RCRA
23permits, and which are consistent with the Act or regulations
24adopted by the Board, and with the Resource Conservation and
25Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
26pursuant thereto.

 

 

SB1868- 22 -LRB098 10672 JDS 40975 b

1    The applicant shall make available to the public for
2inspection all documents submitted by the applicant to the
3Agency in furtherance of an application, with the exception of
4trade secrets, at the office of the county board or governing
5body of the municipality. Such documents may be copied upon
6payment of the actual cost of reproduction during regular
7business hours of the local office. The Agency shall issue a
8written statement concurrent with its grant or denial of the
9permit explaining the basis for its decision.
10    (e) The Agency may issue UIC permits exclusively under this
11subsection to persons owning or operating a facility for the
12underground injection of contaminants as defined under this
13Act.
14    All UIC permits shall contain those terms and conditions,
15including but not limited to schedules of compliance, which may
16be required to accomplish the purposes and provisions of this
17Act. The Agency may include among such conditions standards and
18other requirements established under this Act, Board
19regulations, the Safe Drinking Water Act (P.L. 93-523), as
20amended, and regulations pursuant thereto, and may include
21schedules for achieving compliance therewith. The Agency shall
22require that a performance bond or other security be provided
23as a condition for the issuance of a UIC permit.
24    The Agency shall adopt filing requirements and procedures
25which are necessary and appropriate for the issuance of UIC
26permits, and which are consistent with the Act or regulations

 

 

SB1868- 23 -LRB098 10672 JDS 40975 b

1adopted by the Board, and with the Safe Drinking Water Act
2(P.L. 93-523), as amended, and regulations pursuant thereto.
3    The applicant shall make available to the public for
4inspection, all documents submitted by the applicant to the
5Agency in furtherance of an application, with the exception of
6trade secrets, at the office of the county board or governing
7body of the municipality. Such documents may be copied upon
8payment of the actual cost of reproduction during regular
9business hours of the local office. The Agency shall issue a
10written statement concurrent with its grant or denial of the
11permit explaining the basis for its decision.
12    (f) In making any determination pursuant to Section 9.1 of
13this Act:
14        (1) The Agency shall have authority to make the
15    determination of any question required to be determined by
16    the Clean Air Act, as now or hereafter amended, this Act,
17    or the regulations of the Board, including the
18    determination of the Lowest Achievable Emission Rate,
19    Maximum Achievable Control Technology, or Best Available
20    Control Technology, consistent with the Board's
21    regulations, if any.
22        (2) The Agency shall, after conferring with the
23    applicant, give written notice to the applicant of its
24    proposed decision on the application including the terms
25    and conditions of the permit to be issued and the facts,
26    conduct or other basis upon which the Agency will rely to

 

 

SB1868- 24 -LRB098 10672 JDS 40975 b

1    support its proposed action.
2        (3) Following such notice, the Agency shall give the
3    applicant an opportunity for a hearing in accordance with
4    the provisions of Sections 10-25 through 10-60 of the
5    Illinois Administrative Procedure Act.
6    (g) The Agency shall include as conditions upon all permits
7issued for hazardous waste disposal sites such restrictions
8upon the future use of such sites as are reasonably necessary
9to protect public health and the environment, including
10permanent prohibition of the use of such sites for purposes
11which may create an unreasonable risk of injury to human health
12or to the environment. After administrative and judicial
13challenges to such restrictions have been exhausted, the Agency
14shall file such restrictions of record in the Office of the
15Recorder of the county in which the hazardous waste disposal
16site is located.
17    (h) A hazardous waste stream may not be deposited in a
18permitted hazardous waste site unless specific authorization
19is obtained from the Agency by the generator and disposal site
20owner and operator for the deposit of that specific hazardous
21waste stream. The Agency may grant specific authorization for
22disposal of hazardous waste streams only after the generator
23has reasonably demonstrated that, considering technological
24feasibility and economic reasonableness, the hazardous waste
25cannot be reasonably recycled for reuse, nor incinerated or
26chemically, physically or biologically treated so as to

 

 

SB1868- 25 -LRB098 10672 JDS 40975 b

1neutralize the hazardous waste and render it nonhazardous. In
2granting authorization under this Section, the Agency may
3impose such conditions as may be necessary to accomplish the
4purposes of the Act and are consistent with this Act and
5regulations promulgated by the Board hereunder. If the Agency
6refuses to grant authorization under this Section, the
7applicant may appeal as if the Agency refused to grant a
8permit, pursuant to the provisions of subsection (a) of Section
940 of this Act. For purposes of this subsection (h), the term
10"generator" has the meaning given in Section 3.205 of this Act,
11unless: (1) the hazardous waste is treated, incinerated, or
12partially recycled for reuse prior to disposal, in which case
13the last person who treats, incinerates, or partially recycles
14the hazardous waste prior to disposal is the generator; or (2)
15the hazardous waste is from a response action, in which case
16the person performing the response action is the generator.
17This subsection (h) does not apply to any hazardous waste that
18is restricted from land disposal under 35 Ill. Adm. Code 728.
19    (i) Before issuing any RCRA permit, any permit for a waste
20storage site, sanitary landfill, waste disposal site, waste
21transfer station, waste treatment facility, waste incinerator,
22or any waste-transportation operation, or any permit or interim
23authorization for a clean construction or demolition debris
24fill operation, the Agency shall conduct an evaluation of the
25prospective owner's or operator's prior experience in waste
26management operations and clean construction or demolition

 

 

SB1868- 26 -LRB098 10672 JDS 40975 b

1debris fill operations. The Agency may deny such a permit, or
2deny or revoke interim authorization, if the prospective owner
3or operator or any employee or officer of the prospective owner
4or operator has a history of:
5        (1) repeated violations of federal, State, or local
6    laws, regulations, standards, or ordinances in the
7    operation of waste management facilities or sites or clean
8    construction or demolition debris fill operation
9    facilities or sites; or
10        (2) conviction in this or another State of any crime
11    which is a felony under the laws of this State, or
12    conviction of a felony in a federal court; or conviction in
13    this or another state or federal court of any of the
14    following crimes: forgery, official misconduct, bribery,
15    perjury, or knowingly submitting false information under
16    any environmental law, regulation, or permit term or
17    condition; or
18        (3) proof of gross carelessness or incompetence in
19    handling, storing, processing, transporting or disposing
20    of waste or clean construction or demolition debris, or
21    proof of gross carelessness or incompetence in using clean
22    construction or demolition debris as fill.
23    (i-5) Before issuing any permit or approving any interim
24authorization for a clean construction or demolition debris
25fill operation in which any ownership interest is transferred
26between January 1, 2005, and the effective date of the

 

 

SB1868- 27 -LRB098 10672 JDS 40975 b

1prohibition set forth in Section 22.52 of this Act, the Agency
2shall conduct an evaluation of the operation if any previous
3activities at the site or facility may have caused or allowed
4contamination of the site. It shall be the responsibility of
5the owner or operator seeking the permit or interim
6authorization to provide to the Agency all of the information
7necessary for the Agency to conduct its evaluation. The Agency
8may deny a permit or interim authorization if previous
9activities at the site may have caused or allowed contamination
10at the site, unless such contamination is authorized under any
11permit issued by the Agency.
12    (j) The issuance under this Act of a permit to engage in
13the surface mining of any resources other than fossil fuels
14shall not relieve the permittee from its duty to comply with
15any applicable local law regulating the commencement, location
16or operation of surface mining facilities.
17    (k) A development permit issued under subsection (a) of
18Section 39 for any facility or site which is required to have a
19permit under subsection (d) of Section 21 shall expire at the
20end of 2 calendar years from the date upon which it was issued,
21unless within that period the applicant has taken action to
22develop the facility or the site. In the event that review of
23the conditions of the development permit is sought pursuant to
24Section 40 or 41, or permittee is prevented from commencing
25development of the facility or site by any other litigation
26beyond the permittee's control, such two-year period shall be

 

 

SB1868- 28 -LRB098 10672 JDS 40975 b

1deemed to begin on the date upon which such review process or
2litigation is concluded.
3    (l) No permit shall be issued by the Agency under this Act
4for construction or operation of any facility or site located
5within the boundaries of any setback zone established pursuant
6to this Act, where such construction or operation is
7prohibited.
8    (m) The Agency may issue permits to persons owning or
9operating a facility for composting landscape waste. In
10granting such permits, the Agency may impose such conditions as
11may be necessary to accomplish the purposes of this Act, and as
12are not inconsistent with applicable regulations promulgated
13by the Board. Except as otherwise provided in this Act, a bond
14or other security shall not be required as a condition for the
15issuance of a permit. If the Agency denies any permit pursuant
16to this subsection, the Agency shall transmit to the applicant
17within the time limitations of this subsection specific,
18detailed statements as to the reasons the permit application
19was denied. Such statements shall include but not be limited to
20the following:
21        (1) the Sections of this Act that may be violated if
22    the permit were granted;
23        (2) the specific regulations promulgated pursuant to
24    this Act that may be violated if the permit were granted;
25        (3) the specific information, if any, the Agency deems
26    the applicant did not provide in its application to the

 

 

SB1868- 29 -LRB098 10672 JDS 40975 b

1    Agency; and
2        (4) a statement of specific reasons why the Act and the
3    regulations might be violated if the permit were granted.
4    If no final action is taken by the Agency within 90 days
5after the filing of the application for permit, the applicant
6may deem the permit issued. Any applicant for a permit may
7waive the 90 day limitation by filing a written statement with
8the Agency.
9    The Agency shall issue permits for such facilities upon
10receipt of an application that includes a legal description of
11the site, a topographic map of the site drawn to the scale of
12200 feet to the inch or larger, a description of the operation,
13including the area served, an estimate of the volume of
14materials to be processed, and documentation that:
15        (1) the facility includes a setback of at least 200
16    feet from the nearest potable water supply well;
17        (2) the facility is located outside the boundary of the
18    10-year floodplain or the site will be floodproofed;
19        (3) the facility is located so as to minimize
20    incompatibility with the character of the surrounding
21    area, including at least a 200 foot setback from any
22    residence, and in the case of a facility that is developed
23    or the permitted composting area of which is expanded after
24    November 17, 1991, the composting area is located at least
25    1/8 mile from the nearest residence (other than a residence
26    located on the same property as the facility);

 

 

SB1868- 30 -LRB098 10672 JDS 40975 b

1        (4) the design of the facility will prevent any compost
2    material from being placed within 5 feet of the water
3    table, will adequately control runoff from the site, and
4    will collect and manage any leachate that is generated on
5    the site;
6        (5) the operation of the facility will include
7    appropriate dust and odor control measures, limitations on
8    operating hours, appropriate noise control measures for
9    shredding, chipping and similar equipment, management
10    procedures for composting, containment and disposal of
11    non-compostable wastes, procedures to be used for
12    terminating operations at the site, and recordkeeping
13    sufficient to document the amount of materials received,
14    composted and otherwise disposed of; and
15        (6) the operation will be conducted in accordance with
16    any applicable rules adopted by the Board.
17    The Agency shall issue renewable permits of not longer than
1810 years in duration for the composting of landscape wastes, as
19defined in Section 3.155 of this Act, based on the above
20requirements.
21    The operator of any facility permitted under this
22subsection (m) must submit a written annual statement to the
23Agency on or before April 1 of each year that includes an
24estimate of the amount of material, in tons, received for
25composting.
26    (n) The Agency shall issue permits jointly with the

 

 

SB1868- 31 -LRB098 10672 JDS 40975 b

1Department of Transportation for the dredging or deposit of
2material in Lake Michigan in accordance with Section 18 of the
3Rivers, Lakes, and Streams Act.
4    (o) (Blank.)
5    (p) (1) Any person submitting an application for a permit
6for a new MSWLF unit or for a lateral expansion under
7subsection (t) of Section 21 of this Act for an existing MSWLF
8unit that has not received and is not subject to local siting
9approval under Section 39.2 of this Act shall publish notice of
10the application in a newspaper of general circulation in the
11county in which the MSWLF unit is or is proposed to be located.
12The notice must be published at least 15 days before submission
13of the permit application to the Agency. The notice shall state
14the name and address of the applicant, the location of the
15MSWLF unit or proposed MSWLF unit, the nature and size of the
16MSWLF unit or proposed MSWLF unit, the nature of the activity
17proposed, the probable life of the proposed activity, the date
18the permit application will be submitted, and a statement that
19persons may file written comments with the Agency concerning
20the permit application within 30 days after the filing of the
21permit application unless the time period to submit comments is
22extended by the Agency.
23    When a permit applicant submits information to the Agency
24to supplement a permit application being reviewed by the
25Agency, the applicant shall not be required to reissue the
26notice under this subsection.

 

 

SB1868- 32 -LRB098 10672 JDS 40975 b

1    (2) The Agency shall accept written comments concerning the
2permit application that are postmarked no later than 30 days
3after the filing of the permit application, unless the time
4period to accept comments is extended by the Agency.
5    (3) Each applicant for a permit described in part (1) of
6this subsection shall file a copy of the permit application
7with the county board or governing body of the municipality in
8which the MSWLF unit is or is proposed to be located at the
9same time the application is submitted to the Agency. The
10permit application filed with the county board or governing
11body of the municipality shall include all documents submitted
12to or to be submitted to the Agency, except trade secrets as
13determined under Section 7.1 of this Act. The permit
14application and other documents on file with the county board
15or governing body of the municipality shall be made available
16for public inspection during regular business hours at the
17office of the county board or the governing body of the
18municipality and may be copied upon payment of the actual cost
19of reproduction.
20    (q) Within 6 months after the effective date of this
21amendatory Act of the 97th General Assembly, the Agency, in
22consultation with the regulated community, shall develop a web
23portal to be posted on its website for the purpose of enhancing
24review and promoting timely issuance of permits required by
25this Act. At a minimum, the Agency shall make the following
26information available on the web portal:

 

 

SB1868- 33 -LRB098 10672 JDS 40975 b

1        (1) Checklists and guidance relating to the completion
2    of permit applications, developed pursuant to subsection
3    (s) of this Section, which may include, but are not limited
4    to, existing instructions for completing the applications
5    and examples of complete applications. As the Agency
6    develops new checklists and develops guidance, it shall
7    supplement the web portal with those materials.
8        (2) Within 2 years after the effective date of this
9    amendatory Act of the 97th General Assembly, permit
10    application forms or portions of permit applications that
11    can be completed and saved electronically, and submitted to
12    the Agency electronically with digital signatures.
13        (3) Within 2 years after the effective date of this
14    amendatory Act of the 97th General Assembly, an online
15    tracking system where an applicant may review the status of
16    its pending application, including the name and contact
17    information of the permit analyst assigned to the
18    application. Until the online tracking system has been
19    developed, the Agency shall post on its website semi-annual
20    permitting efficiency tracking reports that include
21    statistics on the timeframes for Agency action on the
22    following types of permits received after the effective
23    date of this amendatory Act of the 97th General Assembly:
24    air construction permits, new NPDES permits and associated
25    water construction permits, and modifications of major
26    NPDES permits and associated water construction permits.

 

 

SB1868- 34 -LRB098 10672 JDS 40975 b

1    The reports must be posted by February 1 and August 1 each
2    year and shall include:
3            (A) the number of applications received for each
4        type of permit, the number of applications on which the
5        Agency has taken action, and the number of applications
6        still pending; and
7            (B) for those applications where the Agency has not
8        taken action in accordance with the timeframes set
9        forth in this Act, the date the application was
10        received and the reasons for any delays, which may
11        include, but shall not be limited to, (i) the
12        application being inadequate or incomplete, (ii)
13        scientific or technical disagreements with the
14        applicant, USEPA, or other local, state, or federal
15        agencies involved in the permitting approval process,
16        (iii) public opposition to the permit, or (iv) Agency
17        staffing shortages. To the extent practicable, the
18        tracking report shall provide approximate dates when
19        cause for delay was identified by the Agency, when the
20        Agency informed the applicant of the problem leading to
21        the delay, and when the applicant remedied the reason
22        for the delay.
23    (r) Upon the request of the applicant, the Agency shall
24notify the applicant of the permit analyst assigned to the
25application upon its receipt.
26    (s) The Agency is authorized to prepare and distribute

 

 

SB1868- 35 -LRB098 10672 JDS 40975 b

1guidance documents relating to its administration of this
2Section and procedural rules implementing this Section.
3Guidance documents prepared under this subsection shall not be
4considered rules and shall not be subject to the Illinois
5Administrative Procedure Act. Such guidance shall not be
6binding on any party.
7    (t) Except as otherwise prohibited by federal law or
8regulation, any person submitting an application for a permit
9may include with the application suggested permit language for
10Agency consideration. The Agency is not obligated to use the
11suggested language or any portion thereof in its permitting
12decision. If requested by the permit applicant, the Agency
13shall meet with the applicant to discuss the suggested
14language.
15    (u) If requested by the permit applicant, the Agency shall
16provide the permit applicant with a copy of the draft permit
17prior to any public review period.
18    (v) If requested by the permit applicant, the Agency shall
19provide the permit applicant with a copy of the final permit
20prior to its issuance.
21    (w) An air pollution permit shall not be required due to
22emissions of greenhouse gases, as specified by Section 9.15 of
23this Act.
24(Source: P.A. 97-95, eff. 7-12-11.)
 
25    (415 ILCS 5/39.2)  (from Ch. 111 1/2, par. 1039.2)

 

 

SB1868- 36 -LRB098 10672 JDS 40975 b

1    Sec. 39.2. Local siting review.
2    (a) The appropriate governing bodies county board of the
3county or the governing body of the municipality, as determined
4by paragraph (c) of Section 39 of this Act, shall approve or
5disapprove the request for local siting approval for each
6pollution control facility which is subject to such review. An
7applicant for local siting approval shall submit sufficient
8details describing the proposed facility to demonstrate
9compliance, and local siting approval shall be granted only if
10the proposed facility meets the following criteria:
11        (i) the facility is necessary to accommodate the waste
12    needs of the area it is intended to serve;
13        (ii) the facility is so designed, located and proposed
14    to be operated that the public health, safety and welfare
15    will be protected;
16        (iii) the facility is located so as to minimize
17    incompatibility with the character of the surrounding area
18    and to minimize the effect on the value of the surrounding
19    property;
20        (iv) (A) for a facility other than a sanitary landfill
21    or waste disposal site, the facility is located outside the
22    boundary of the 100 year flood plain or the site is
23    flood-proofed; (B) for a facility that is a sanitary
24    landfill or waste disposal site, the facility is located
25    outside the boundary of the 100-year floodplain, or if the
26    facility is a facility described in subsection (b)(3) of

 

 

SB1868- 37 -LRB098 10672 JDS 40975 b

1    Section 22.19a, the site is flood-proofed;
2        (v) the plan of operations for the facility is designed
3    to minimize the danger to the surrounding area from fire,
4    spills, or other operational accidents;
5        (vi) the traffic patterns to or from the facility are
6    so designed as to minimize the impact on existing traffic
7    flows;
8        (vii) if the facility will be treating, storing or
9    disposing of hazardous waste, an emergency response plan
10    exists for the facility which includes notification,
11    containment and evacuation procedures to be used in case of
12    an accidental release;
13        (viii) if the facility is to be located in a county
14    where the county board has adopted a solid waste management
15    plan consistent with the planning requirements of the Local
16    Solid Waste Disposal Act or the Solid Waste Planning and
17    Recycling Act, the facility is consistent with that plan;
18    for purposes of this criterion (viii), the "solid waste
19    management plan" means the plan that is in effect as of the
20    date the application for siting approval is filed; and
21        (ix) if the facility will be located within a regulated
22    recharge area, any applicable requirements specified by
23    the Board for such areas have been met.
24    The appropriate governing bodies county board or the
25governing body of the municipality may also consider as
26evidence the previous operating experience and past record of

 

 

SB1868- 38 -LRB098 10672 JDS 40975 b

1convictions or admissions of violations of the applicant (and
2any subsidiary or parent corporation) in the field of solid
3waste management when considering criteria (ii) and (v) under
4this Section.
5    If the facility is subject to the location restrictions in
6Section 22.14 of this Act, compliance with that Section shall
7be determined as of the date the application for siting
8approval is filed.
9    (b) No later than 14 days before the date on which the
10governing body county board or governing body of the
11municipality receives a request for site approval, the
12applicant shall cause written notice of such request to be
13served either in person or by registered mail, return receipt
14requested, on the owners of all property within the subject
15area not solely owned by the applicant, and on the owners of
16all property within 250 feet in each direction of the lot line
17of the subject property, said owners being such persons or
18entities which appear from the authentic tax records of the
19County in which such facility is to be located; provided, that
20the number of all feet occupied by all public roads, streets,
21alleys and other public ways shall be excluded in computing the
22250 feet requirement; provided further, that in no event shall
23this requirement exceed 400 feet, including public streets,
24alleys and other public ways.
25    Such written notice shall also be served upon members of
26the General Assembly from the legislative district in which the

 

 

SB1868- 39 -LRB098 10672 JDS 40975 b

1proposed facility is located and shall be published in a
2newspaper of general circulation published in the county in
3which the site is located.
4    Such notice shall state the name and address of the
5applicant, the location of the proposed site, the nature and
6size of the development, the nature of the activity proposed,
7the probable life of the proposed activity, the date when the
8request for site approval will be submitted, and a description
9of the right of persons to comment on such request as hereafter
10provided.
11    (c) An applicant shall file a copy of its request with the
12appropriate governing bodies county board of the county or the
13governing body of the municipality in which the proposed site
14is located. The request shall include (i) the substance of the
15applicant's proposal and (ii) all documents, if any, submitted
16as of that date to the Agency pertaining to the proposed
17facility, except trade secrets as determined under Section 7.1
18of this Act. All such documents or other materials on file with
19the county board or governing body of the municipality shall be
20made available for public inspection at the office of the
21county board or the governing body of the municipality and may
22be copied upon payment of the actual cost of reproduction.
23    Any person may file written comment with the appropriate
24governing bodies county board or governing body of the
25municipality concerning the appropriateness of the proposed
26site for its intended purpose. The appropriate governing bodies

 

 

SB1868- 40 -LRB098 10672 JDS 40975 b

1county board or governing body of the municipality shall
2consider any comment received or postmarked not later than 30
3days after the date of the last public hearing.
4    (d) At least one public hearing is to be held by the
5appropriate governing bodies county board or governing body of
6the municipality no sooner than 90 days but no later than 120
7days after the date on which it received the request for site
8approval. No later than 14 days prior to such hearing, notice
9shall be published in a newspaper of general circulation
10published in the county of the proposed site, and delivered by
11certified mail to all members of the General Assembly from the
12district in which the proposed site is located, to the
13governing authority of every municipality contiguous to the
14proposed site or contiguous to the municipality in which the
15proposed site is to be located, to the county board of the
16county where the proposed site is to be located, if the
17proposed site is located within the boundaries of a
18municipality, and to the Agency. Members or representatives of
19the governing authority of a municipality contiguous to the
20proposed site or contiguous to the municipality in which the
21proposed site is to be located and, if the proposed site is
22located in a municipality, members or representatives of the
23county board of a county in which the proposed site is to be
24located may appear at and participate in public hearings held
25pursuant to this Section. The public hearing shall develop a
26record sufficient to form the basis of appeal of the decision

 

 

SB1868- 41 -LRB098 10672 JDS 40975 b

1in accordance with Section 40.1 of this Act. The fact that a
2member of a the county board or governing body of a the
3municipality has publicly expressed an opinion on an issue
4related to a site review proceeding shall not preclude the
5member from taking part in the proceeding and voting on the
6issue.
7    (e) Decisions of the appropriate governing bodies county
8board or governing body of the municipality are to be in
9writing, specifying the reasons for the decision, such reasons
10to be in conformance with subsection (a) of this Section. In
11granting approval for a site the appropriate governing bodies
12county board or governing body of the municipality may impose
13such conditions as may be reasonable and necessary to
14accomplish the purposes of this Section and as are not
15inconsistent with regulations promulgated by the Board. Such
16decision shall be available for public inspection at the office
17of the county board or governing body of the municipality and
18may be copied upon payment of the actual cost of reproduction.
19If there is no final action by the appropriate governing bodies
20county board or governing body of the municipality within 180
21days after the date on which it received the request for site
22approval, the applicant may deem the request approved.
23    At any time prior to completion by the applicant of the
24presentation of the applicant's factual evidence and an
25opportunity for cross-questioning by the appropriate governing
26bodies county board or governing body of the municipality and

 

 

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1any participants, the applicant may file not more than one
2amended application upon payment of additional fees pursuant to
3subsection (k); in which case the time limitation for final
4action set forth in this subsection (e) shall be extended for
5an additional period of 90 days.
6    If, prior to making a final local siting decision, a county
7board or governing body of a municipality has negotiated and
8entered into a host agreement with the local siting applicant,
9the terms and conditions of the host agreement, whether written
10or oral, shall be disclosed and made a part of the hearing
11record for that local siting proceeding. In the case of an oral
12agreement, the disclosure shall be made in the form of a
13written summary jointly prepared and submitted by the county
14board or governing body of the municipality and the siting
15applicant and shall describe the terms and conditions of the
16oral agreement.
17    (e-5) Siting approval obtained pursuant to this Section is
18transferable and may be transferred to a subsequent owner or
19operator. In the event that siting approval has been
20transferred to a subsequent owner or operator, that subsequent
21owner or operator assumes and takes subject to any and all
22conditions imposed upon the prior owner or operator by the
23county board of the county or governing body of the
24municipality pursuant to subsection (e). However, any such
25conditions imposed pursuant to this Section may be modified by
26agreement between the subsequent owner or operator and the

 

 

SB1868- 43 -LRB098 10672 JDS 40975 b

1appropriate county board or governing body. Further, in the
2event that siting approval obtained pursuant to this Section
3has been transferred to a subsequent owner or operator, that
4subsequent owner or operator assumes all rights and obligations
5and takes the facility subject to any and all terms and
6conditions of any existing host agreement between the prior
7owner or operator and the appropriate county board or governing
8body.
9    (f) A local siting approval granted under this Section
10shall expire at the end of 2 calendar years from the date upon
11which it was granted, unless the local siting approval granted
12under this Section is for a sanitary landfill operation, in
13which case the approval shall expire at the end of 3 calendar
14years from the date upon which it was granted, and unless
15within that period the applicant has made application to the
16Agency for a permit to develop the site. In the event that the
17local siting decision has been appealed, such expiration period
18shall be deemed to begin on the date upon which the appeal
19process is concluded.
20    Except as otherwise provided in this subsection, upon the
21expiration of a development permit under subsection (k) of
22Section 39, any associated local siting approval granted for
23the facility under this Section shall also expire.
24    If a first development permit for a municipal waste
25incineration facility expires under subsection (k) of Section
2639 after September 30, 1989 due to circumstances beyond the

 

 

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1control of the applicant, any associated local siting approval
2granted for the facility under this Section may be used to
3fulfill the local siting approval requirement upon application
4for a second development permit for the same site, provided
5that the proposal in the new application is materially the
6same, with respect to the criteria in subsection (a) of this
7Section, as the proposal that received the original siting
8approval, and application for the second development permit is
9made before January 1, 1990.
10    (g) The siting approval procedures, criteria and appeal
11procedures provided for in this Act for new pollution control
12facilities shall be the exclusive siting procedures and rules
13and appeal procedures for facilities subject to such
14procedures. Local zoning or other local land use requirements
15shall not be applicable to such siting decisions.
16    (h) Nothing in this Section shall apply to any existing or
17new pollution control facility located within the corporate
18limits of a municipality with a population of over 1,000,000.
19    (i) (Blank.)
20    The Board shall adopt regulations establishing the
21geologic and hydrologic siting criteria necessary to protect
22usable groundwater resources which are to be followed by the
23Agency in its review of permit applications for new pollution
24control facilities. Such regulations, insofar as they apply to
25new pollution control facilities authorized to store, treat or
26dispose of any hazardous waste, shall be at least as stringent

 

 

SB1868- 45 -LRB098 10672 JDS 40975 b

1as the requirements of the Resource Conservation and Recovery
2Act and any State or federal regulations adopted pursuant
3thereto.
4    (j) Any new pollution control facility which has never
5obtained local siting approval under the provisions of this
6Section shall be required to obtain such approval after a final
7decision on an appeal of a permit denial.
8    (k) A county board or governing body of a municipality may
9charge applicants for siting review under this Section a
10reasonable fee to cover the reasonable and necessary costs
11incurred by such county or municipality in the siting review
12process.
13    (l) The governing Authority as determined by subsection (c)
14of Section 39 of this Act may request the Department of
15Transportation to perform traffic impact studies of proposed or
16potential locations for required pollution control facilities.
17    (m) An applicant may not file a request for local siting
18approval which is substantially the same as a request which was
19disapproved pursuant to a finding against the applicant under
20any of criteria (i) through (ix) of subsection (a) of this
21Section within the preceding 2 years.
22    (n) In any review proceeding of a decision of the county
23board or governing body of a municipality made pursuant to the
24local siting review process, the petitioner in the review
25proceeding shall pay to the county or municipality the cost of
26preparing and certifying the record of proceedings. Should the

 

 

SB1868- 46 -LRB098 10672 JDS 40975 b

1petitioner in the review proceeding fail to make payment, the
2provisions of Section 3-109 of the Code of Civil Procedure
3shall apply.
4    In the event the petitioner is a citizens' group that
5participated in the siting proceeding and is so located as to
6be affected by the proposed facility, such petitioner shall be
7exempt from paying the costs of preparing and certifying the
8record.
9    (o) Notwithstanding any other provision of this Section, a
10transfer station used exclusively for landscape waste, where
11landscape waste is held no longer than 24 hours from the time
12it was received, is not subject to the requirements of local
13siting approval under this Section, but is subject only to
14local zoning approval.
15(Source: P.A. 94-591, eff. 8-15-05; 95-288, eff. 8-20-07.)
 
16    (415 ILCS 5/39.2a new)
17    Sec. 39.2a. Operational approval for PCB facilities
18affecting community water supplies. Notwithstanding any other
19provision of this Act, in order to protect the public health,
20safety, and welfare of the people of the State of Illinois,
21beginning on the effective date of this amendatory Act of the
2298th General Assembly, no site or facility for the treatment,
23storage, or disposal of polychlorinated biphenyls (PCBs) or PCB
24Items regulated under Subpart D of 40 C.F.R. 761 that is
25located less than 500 feet above an aquifer that currently

 

 

SB1868- 47 -LRB098 10672 JDS 40975 b

1provides the only source of potable water for a community water
2supply shall commence or continue treating, storing, disposing
3of, or accepting for treatment, storage, or disposal any
4polychlorinated biphenyls (PCBs) or PCB Items unless the owner
5or operator of that site or facility submits proof to the
6Agency that the operation of the facility on and after the
7effective date of this amendatory Act of the 98th General
8Assembly has been approved by ordinances duly adopted by the
9county board of each county located, in or whole in part,
10within the aquifer's boundaries and the governing body of each
11municipality located, in or whole or part, within the aquifer's
12boundaries.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.