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Sen. Chapin Rose
Filed: 3/15/2013
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1 | | AMENDMENT TO SENATE BILL 1868
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1868 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Environmental Protection Act is amended by |
5 | | changing Section 39 as follows:
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6 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
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7 | | Sec. 39. Issuance of permits; procedures.
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8 | | (a) When the Board has by regulation required a permit for
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9 | | the construction, installation, or operation of any type of |
10 | | facility,
equipment, vehicle, vessel, or aircraft, the |
11 | | applicant shall apply to
the Agency for such permit and it |
12 | | shall be the duty of the Agency to
issue such a permit upon |
13 | | proof by the applicant that the facility,
equipment, vehicle, |
14 | | vessel, or aircraft will not cause a violation of
this Act or |
15 | | of regulations hereunder. The Agency shall adopt such
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16 | | procedures as are necessary to carry out its duties under this |
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1 | | Section.
In making its determinations on permit applications |
2 | | under this Section the Agency may consider prior adjudications |
3 | | of
noncompliance with this Act by the applicant that involved a |
4 | | release of a
contaminant into the environment. In granting |
5 | | permits, the Agency
may impose reasonable conditions |
6 | | specifically related to the applicant's past
compliance |
7 | | history with this Act as necessary to correct, detect, or
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8 | | prevent noncompliance. The Agency may impose such other |
9 | | conditions
as may be necessary to accomplish the purposes of |
10 | | this Act, and as are not
inconsistent with the regulations |
11 | | promulgated by the Board hereunder. Except as
otherwise |
12 | | provided in this Act, a bond or other security shall not be |
13 | | required
as a condition for the issuance of a permit. If the |
14 | | Agency denies any permit
under this Section, the Agency shall |
15 | | transmit to the applicant within the time
limitations of this |
16 | | Section specific, detailed statements as to the reasons the
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17 | | permit application was denied. Such statements shall include, |
18 | | but not be
limited to the following:
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19 | | (i) the Sections of this Act which may be violated if |
20 | | the permit
were granted;
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21 | | (ii) the provision of the regulations, promulgated |
22 | | under this Act,
which may be violated if the permit were |
23 | | granted;
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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.
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4 | | If there is no final action by the Agency within 90 days |
5 | | after the
filing of the application for permit, the applicant |
6 | | may deem the permit
issued; except that this time period shall |
7 | | be extended to 180 days when
(1) notice and opportunity for |
8 | | public hearing are required by State or
federal law or |
9 | | regulation, (2) the application which was filed is for
any |
10 | | permit to develop a landfill subject to issuance pursuant to |
11 | | this
subsection, or (3) the application that was filed is for a |
12 | | MSWLF unit
required to issue public notice under subsection (p) |
13 | | of Section 39. The
90-day and 180-day time periods for the |
14 | | Agency to take final action do not
apply to NPDES permit |
15 | | applications under subsection (b) of this Section,
to RCRA |
16 | | permit applications under subsection (d) of this Section, or
to |
17 | | UIC permit applications under subsection (e) of this Section.
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18 | | The Agency shall publish notice of all final permit |
19 | | determinations for
development permits for MSWLF units and for |
20 | | significant permit modifications
for lateral expansions for |
21 | | existing MSWLF units one time in a newspaper of
general |
22 | | circulation in the county in which the unit is or is proposed |
23 | | to be
located.
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24 | | After January 1, 1994 and until July 1, 1998, operating |
25 | | permits issued under
this Section by the
Agency for sources of |
26 | | air pollution permitted to emit less than 25 tons
per year of |
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1 | | any combination of regulated air pollutants, as defined in
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2 | | Section 39.5 of this Act, shall be required to be renewed only |
3 | | upon written
request by the Agency consistent with applicable |
4 | | provisions of this Act and
regulations promulgated hereunder. |
5 | | Such operating permits shall expire
180 days after the date of |
6 | | such a request. The Board shall revise its
regulations for the |
7 | | existing State air pollution operating permit program
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8 | | consistent with this provision by January 1, 1994.
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9 | | After June 30, 1998, operating permits issued under this |
10 | | Section by the
Agency for sources of air pollution that are not |
11 | | subject to Section 39.5 of
this Act and are not required to |
12 | | have a federally enforceable State operating
permit shall be |
13 | | required to be renewed only upon written request by the Agency
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14 | | consistent with applicable provisions of this Act and its |
15 | | rules. Such
operating permits shall expire 180 days after the |
16 | | date of such a request.
Before July 1, 1998, the Board shall |
17 | | revise its rules for the existing State
air pollution operating |
18 | | permit program consistent with this paragraph and shall
adopt |
19 | | rules that require a source to demonstrate that it qualifies |
20 | | for a permit
under this paragraph.
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21 | | (b) The Agency may issue NPDES permits exclusively under |
22 | | this
subsection for the discharge of contaminants from point |
23 | | sources into
navigable waters, all as defined in the Federal |
24 | | Water Pollution Control
Act, as now or hereafter amended, |
25 | | within the jurisdiction of the
State, or into any well.
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26 | | All NPDES permits shall contain those terms and conditions, |
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1 | | including
but not limited to schedules of compliance, which may |
2 | | be required to
accomplish the purposes and provisions of this |
3 | | Act.
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4 | | The Agency may issue general NPDES permits for discharges |
5 | | from categories
of point sources which are subject to the same |
6 | | permit limitations and
conditions. Such general permits may be |
7 | | issued without individual
applications and shall conform to |
8 | | regulations promulgated under Section 402
of the Federal Water |
9 | | Pollution Control Act, as now or hereafter amended.
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10 | | The Agency may include, among such conditions, effluent |
11 | | limitations
and other requirements established under this Act, |
12 | | Board regulations,
the Federal Water Pollution Control Act, as |
13 | | now or hereafter amended, and
regulations pursuant thereto, and |
14 | | schedules for achieving compliance
therewith at the earliest |
15 | | reasonable date.
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16 | | The Agency shall adopt filing requirements and procedures |
17 | | which are
necessary and appropriate for the issuance of NPDES |
18 | | permits, and which
are consistent with the Act or regulations |
19 | | adopted by the Board, and
with the Federal Water Pollution |
20 | | Control Act, as now or hereafter
amended, and regulations |
21 | | pursuant thereto.
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22 | | The Agency, subject to any conditions which may be |
23 | | prescribed by
Board regulations, may issue NPDES permits to |
24 | | allow discharges beyond
deadlines established by this Act or by |
25 | | regulations of the Board without
the requirement of a variance, |
26 | | subject to the Federal Water Pollution
Control Act, as now or |
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1 | | hereafter amended, and regulations pursuant thereto.
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2 | | (c) Except for those facilities owned or operated by |
3 | | sanitary districts
organized under the Metropolitan Water |
4 | | Reclamation District Act, no
permit for the development or |
5 | | construction of a new pollution control
facility may be granted |
6 | | by the Agency unless the applicant submits proof to the
Agency |
7 | | that the location of the facility has been approved by the |
8 | | County Board
of the county if in an unincorporated area, or the |
9 | | governing body of the
municipality when in an incorporated |
10 | | area, in which the facility is to be
located in accordance with |
11 | | Section 39.2 of this Act. For purposes of this subsection (c), |
12 | | and for purposes of Section 39.2 of this Act, the appropriate |
13 | | county board or governing body of the municipality shall be the |
14 | | county board of the county or the governing body of the |
15 | | municipality in which the facility is to be located as of the |
16 | | date when the application for siting approval is filed.
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17 | | In the event that siting approval granted pursuant to |
18 | | Section 39.2 has
been transferred to a subsequent owner or |
19 | | operator, that subsequent owner or
operator may apply to the |
20 | | Agency for, and the Agency may grant, a development
or |
21 | | construction permit for the facility for which local siting |
22 | | approval was
granted. Upon application to the Agency for a |
23 | | development or
construction permit by that subsequent owner or |
24 | | operator,
the permit applicant shall cause written notice of |
25 | | the permit application
to be served upon the appropriate county |
26 | | board or governing body of the
municipality that granted siting |
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1 | | approval for that facility and upon any party
to the siting |
2 | | proceeding pursuant to which siting approval was granted. In
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3 | | that event, the Agency shall conduct an evaluation of the |
4 | | subsequent owner or
operator's prior experience in waste |
5 | | management operations in the manner
conducted under subsection |
6 | | (i) of Section 39 of this Act.
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7 | | Beginning August 20, 1993, if the pollution control |
8 | | facility consists of a
hazardous or solid waste disposal |
9 | | facility for which the proposed site is
located in an |
10 | | unincorporated area of a county with a population of less than
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11 | | 100,000 and includes all or a portion of a parcel of land that |
12 | | was, on April 1,
1993, adjacent to a municipality having a |
13 | | population of less than 5,000, then
the local siting review |
14 | | required under this subsection (c) in conjunction with
any |
15 | | permit applied for after that date shall be performed by the |
16 | | governing body
of that adjacent municipality rather than the |
17 | | county board of the county in
which the proposed site is |
18 | | located; and for the purposes of that local siting
review, any |
19 | | references in this Act to the county board shall be deemed to |
20 | | mean
the governing body of that adjacent municipality; |
21 | | provided, however, that the
provisions of this paragraph shall |
22 | | not apply to any proposed site which was, on
April 1, 1993, |
23 | | owned in whole or in part by another municipality.
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24 | | In the case of a pollution control facility for which a
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25 | | development permit was issued before November 12, 1981, if an |
26 | | operating
permit has not been issued by the Agency prior to |
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1 | | August 31, 1989 for
any portion of the facility, then the |
2 | | Agency may not issue or renew any
development permit nor issue |
3 | | an original operating permit for any portion of
such facility |
4 | | unless the applicant has submitted proof to the Agency that the
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5 | | location of the facility has been approved by the appropriate |
6 | | county board or
municipal governing body pursuant to Section |
7 | | 39.2 of this Act.
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8 | | After January 1, 1994, if a solid waste
disposal facility, |
9 | | any portion for which an operating permit has been issued by
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10 | | the Agency, has not accepted waste disposal for 5 or more |
11 | | consecutive calendars
years, before that facility may accept |
12 | | any new or additional waste for
disposal, the owner and |
13 | | operator must obtain a new operating permit under this
Act for |
14 | | that facility unless the owner and operator have applied to the |
15 | | Agency
for a permit authorizing the temporary suspension of |
16 | | waste acceptance. The
Agency may not issue a new operation |
17 | | permit under this Act for the facility
unless the applicant has |
18 | | submitted proof to the Agency that the location of the
facility |
19 | | has been approved or re-approved by the appropriate county |
20 | | board or
municipal governing body under Section 39.2 of this |
21 | | Act after the facility
ceased accepting waste.
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22 | | Except for those facilities owned or operated by sanitary |
23 | | districts
organized under the Metropolitan Water Reclamation |
24 | | District Act, and
except for new pollution control facilities |
25 | | governed by Section 39.2,
and except for fossil fuel mining |
26 | | facilities, the granting of a permit under
this Act shall not |
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1 | | relieve the applicant from meeting and securing all
necessary |
2 | | zoning approvals from the unit of government having zoning
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3 | | jurisdiction over the proposed facility.
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4 | | Before beginning construction on any new sewage treatment |
5 | | plant or sludge
drying site to be owned or operated by a |
6 | | sanitary district organized under
the Metropolitan Water |
7 | | Reclamation District Act for which a new
permit (rather than |
8 | | the renewal or amendment of an existing permit) is
required, |
9 | | such sanitary district shall hold a public hearing within the
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10 | | municipality within which the proposed facility is to be |
11 | | located, or within the
nearest community if the proposed |
12 | | facility is to be located within an
unincorporated area, at |
13 | | which information concerning the proposed facility
shall be |
14 | | made available to the public, and members of the public shall |
15 | | be given
the opportunity to express their views concerning the |
16 | | proposed facility.
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17 | | The Agency may issue a permit for a municipal waste |
18 | | transfer station
without requiring approval pursuant to |
19 | | Section 39.2 provided that the following
demonstration is made:
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20 | | (1) the municipal waste transfer station was in |
21 | | existence on or before
January 1, 1979 and was in |
22 | | continuous operation from January 1, 1979 to January
1, |
23 | | 1993;
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24 | | (2) the operator submitted a permit application to the |
25 | | Agency to develop
and operate the municipal waste transfer |
26 | | station during April of 1994;
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1 | | (3) the operator can demonstrate that the county board |
2 | | of the county, if
the municipal waste transfer station is |
3 | | in an unincorporated area, or the
governing body of the |
4 | | municipality, if the station is in an incorporated area,
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5 | | does not object to resumption of the operation of the |
6 | | station; and
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7 | | (4) the site has local zoning approval.
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8 | | (d) The Agency may issue RCRA permits exclusively under |
9 | | this
subsection to persons owning or operating a facility for |
10 | | the treatment,
storage, or disposal of hazardous waste as |
11 | | defined under this Act.
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12 | | All RCRA permits shall contain those terms and conditions, |
13 | | including but
not limited to schedules of compliance, which may |
14 | | be required to accomplish
the purposes and provisions of this |
15 | | Act. The Agency may include among such
conditions standards and |
16 | | other requirements established under this Act,
Board |
17 | | regulations, the Resource Conservation and Recovery Act of 1976 |
18 | | (P.L.
94-580), as amended, and regulations pursuant thereto, |
19 | | and may include
schedules for achieving compliance therewith as |
20 | | soon as possible. The
Agency shall require that a performance |
21 | | bond or other security be provided
as a condition for the |
22 | | issuance of a RCRA permit.
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23 | | In the case of a permit to operate a hazardous waste or PCB |
24 | | incinerator
as defined in subsection (k) of Section 44, the |
25 | | Agency shall require, as a
condition of the permit, that the |
26 | | operator of the facility perform such
analyses of the waste to |
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1 | | be incinerated as may be necessary and appropriate
to ensure |
2 | | the safe operation of the incinerator.
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3 | | The Agency shall adopt filing requirements and procedures |
4 | | which
are necessary and appropriate for the issuance of RCRA |
5 | | permits, and which
are consistent with the Act or regulations |
6 | | adopted by the Board, and with
the Resource Conservation and |
7 | | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations |
8 | | pursuant thereto.
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9 | | The applicant shall make available to the public for |
10 | | inspection all
documents submitted by the applicant to the |
11 | | Agency in furtherance
of an application, with the exception of |
12 | | trade secrets, at the office of
the county board or governing |
13 | | body of the municipality. Such documents
may be copied upon |
14 | | payment of the actual cost of reproduction during regular
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15 | | business hours of the local office. The Agency shall issue a |
16 | | written statement
concurrent with its grant or denial of the |
17 | | permit explaining the basis for its
decision.
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18 | | (e) The Agency may issue UIC permits exclusively under this
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19 | | subsection to persons owning or operating a facility for the |
20 | | underground
injection of contaminants as defined under this |
21 | | Act.
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22 | | All UIC permits shall contain those terms and conditions, |
23 | | including but
not limited to schedules of compliance, which may |
24 | | be required to accomplish
the purposes and provisions of this |
25 | | Act. The Agency may include among such
conditions standards and |
26 | | other requirements established under this Act,
Board |
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1 | | regulations, the Safe Drinking Water Act (P.L. 93-523), as |
2 | | amended,
and regulations pursuant thereto, and may include |
3 | | schedules for achieving
compliance therewith. The Agency shall |
4 | | require that a performance bond or
other security be provided |
5 | | as a condition for the issuance of a UIC permit.
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6 | | The Agency shall adopt filing requirements and procedures |
7 | | which
are necessary and appropriate for the issuance of UIC |
8 | | permits, and which
are consistent with the Act or regulations |
9 | | adopted by the Board, and with
the Safe Drinking Water Act |
10 | | (P.L. 93-523), as amended, and regulations
pursuant thereto.
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11 | | The applicant shall make available to the public for |
12 | | inspection, all
documents submitted by the applicant to the |
13 | | Agency in furtherance of an
application, with the exception of |
14 | | trade secrets, at the office of the county
board or governing |
15 | | body of the municipality. Such documents may be copied upon
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16 | | payment of the actual cost of reproduction during regular |
17 | | business hours of the
local office. The Agency shall issue a |
18 | | written statement concurrent with its
grant or denial of the |
19 | | permit explaining the basis for its decision.
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20 | | (f) In making any determination pursuant to Section 9.1 of |
21 | | this Act:
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22 | | (1) The Agency shall have authority to make the |
23 | | determination of any
question required to be determined by |
24 | | the Clean Air Act, as now or
hereafter amended, this Act, |
25 | | or the regulations of the Board, including the
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26 | | determination of the Lowest Achievable Emission Rate, |
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1 | | Maximum Achievable
Control Technology, or Best Available |
2 | | Control Technology, consistent with the
Board's |
3 | | regulations, if any.
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4 | | (2) The Agency shall, after conferring with the |
5 | | applicant, give written
notice to the applicant of its |
6 | | proposed decision on the application including
the terms |
7 | | and conditions of the permit to be issued and the facts, |
8 | | conduct
or other basis upon which the Agency will rely to |
9 | | support its proposed action.
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10 | | (3) Following such notice, the Agency shall give the |
11 | | applicant an
opportunity for a hearing in accordance with |
12 | | the provisions of Sections
10-25 through 10-60 of the |
13 | | Illinois Administrative Procedure Act.
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14 | | (g) The Agency shall include as conditions upon all permits |
15 | | issued for
hazardous waste disposal sites such restrictions |
16 | | upon the future use
of such sites as are reasonably necessary |
17 | | to protect public health and
the environment, including |
18 | | permanent prohibition of the use of such
sites for purposes |
19 | | which may create an unreasonable risk of injury to human
health |
20 | | or to the environment. After administrative and judicial |
21 | | challenges
to such restrictions have been exhausted, the Agency |
22 | | shall file such
restrictions of record in the Office of the |
23 | | Recorder of the county in which
the hazardous waste disposal |
24 | | site is located.
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25 | | (h) A hazardous waste stream may not be deposited in a |
26 | | permitted hazardous
waste site unless specific authorization |
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1 | | is obtained from the Agency by the
generator and disposal site |
2 | | owner and operator for the deposit of that specific
hazardous |
3 | | waste stream. The Agency may grant specific authorization for
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4 | | disposal of hazardous waste streams only after the generator |
5 | | has reasonably
demonstrated that, considering
technological |
6 | | feasibility and economic reasonableness, the hazardous waste
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7 | | cannot be reasonably recycled for reuse, nor incinerated or |
8 | | chemically,
physically or biologically treated so as to |
9 | | neutralize the hazardous waste
and render it nonhazardous. In |
10 | | granting authorization under this Section,
the Agency may |
11 | | impose such conditions as may be necessary to accomplish
the |
12 | | purposes of the Act and are consistent with this Act and |
13 | | regulations
promulgated by the Board hereunder. If the Agency |
14 | | refuses to grant
authorization under this Section, the |
15 | | applicant may appeal as if the Agency
refused to grant a |
16 | | permit, pursuant to the provisions of subsection (a) of
Section |
17 | | 40 of this Act. For purposes of this subsection (h), the term
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18 | | "generator" has the meaning given in Section 3.205 of this Act,
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19 | | unless: (1) the hazardous waste is treated, incinerated, or |
20 | | partially recycled
for reuse prior to disposal, in which case |
21 | | the last person who treats,
incinerates, or partially recycles |
22 | | the hazardous waste prior to disposal is the
generator; or (2) |
23 | | the hazardous waste is from a response action, in which case
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24 | | the person performing the response action is the generator. |
25 | | This subsection
(h) does not apply to any hazardous waste that |
26 | | is restricted from land disposal
under 35 Ill. Adm. Code 728.
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1 | | (i) Before issuing any RCRA permit, any permit for a waste |
2 | | storage site,
sanitary landfill, waste disposal site, waste |
3 | | transfer station, waste treatment
facility, waste incinerator, |
4 | | or any waste-transportation operation, or any permit or interim |
5 | | authorization for a clean construction or demolition debris |
6 | | fill operation, the Agency
shall conduct an evaluation of the |
7 | | prospective owner's or operator's prior
experience in waste |
8 | | management operations and clean construction or demolition |
9 | | debris fill operations. The Agency may deny such a permit, or |
10 | | deny or revoke interim authorization,
if the prospective owner |
11 | | or operator or any employee or officer of the
prospective owner |
12 | | or operator has a history of:
|
13 | | (1) repeated violations of federal, State, or local |
14 | | laws, regulations,
standards, or ordinances in the |
15 | | operation of waste management facilities or
sites or clean |
16 | | construction or demolition debris fill operation |
17 | | facilities or sites; or
|
18 | | (2) conviction in this or another State of any crime |
19 | | which is a felony
under the laws of this State, or |
20 | | conviction of a felony in a federal court; or conviction in |
21 | | this or another state or federal court of any of the |
22 | | following crimes: forgery, official misconduct, bribery, |
23 | | perjury, or knowingly submitting false information under |
24 | | any environmental law, regulation, or permit term or |
25 | | condition; or
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26 | | (3) proof of gross carelessness or incompetence in |
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1 | | handling, storing,
processing, transporting or disposing |
2 | | of waste or clean construction or demolition debris, or |
3 | | proof of gross carelessness or incompetence in using clean |
4 | | construction or demolition debris as fill.
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5 | | (i-5) Before issuing any permit or approving any interim |
6 | | authorization for a clean construction or demolition debris |
7 | | fill operation in which any ownership interest is transferred |
8 | | between January 1, 2005, and the effective date of the |
9 | | prohibition set forth in Section 22.52 of this Act, the Agency |
10 | | shall conduct an evaluation of the operation if any previous |
11 | | activities at the site or facility may have caused or allowed |
12 | | contamination of the site. It shall be the responsibility of |
13 | | the owner or operator seeking the permit or interim |
14 | | authorization to provide to the Agency all of the information |
15 | | necessary for the Agency to conduct its evaluation. The Agency |
16 | | may deny a permit or interim authorization if previous |
17 | | activities at the site may have caused or allowed contamination |
18 | | at the site, unless such contamination is authorized under any |
19 | | permit issued by the Agency.
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20 | | (j) The issuance under this Act of a permit to engage in |
21 | | the surface mining
of any resources other than fossil fuels |
22 | | shall not relieve
the permittee from its duty to comply with |
23 | | any applicable local law regulating
the commencement, location |
24 | | or operation of surface mining facilities.
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25 | | (k) A development permit issued under subsection (a) of |
26 | | Section 39 for any
facility or site which is required to have a |
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1 | | permit under subsection (d) of
Section 21 shall expire at the |
2 | | end of 2 calendar years from the date upon which
it was issued, |
3 | | unless within that period the applicant has taken action to
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4 | | develop the facility or the site. In the event that review of |
5 | | the
conditions of the development permit is sought pursuant to |
6 | | Section 40 or
41, or permittee is prevented from commencing |
7 | | development of the facility
or site by any other litigation |
8 | | beyond the permittee's control, such
two-year period shall be |
9 | | deemed to begin on the date upon which such review
process or |
10 | | litigation is concluded.
|
11 | | (l) No permit shall be issued by the Agency under this Act |
12 | | for
construction or operation of any facility or site located |
13 | | within the
boundaries of any setback zone established pursuant |
14 | | to this Act, where such
construction or operation is |
15 | | prohibited.
|
16 | | (m) The Agency may issue permits to persons owning or |
17 | | operating
a facility for composting landscape waste. In |
18 | | granting such permits, the Agency
may impose such conditions as |
19 | | may be necessary to accomplish the purposes of
this Act, and as |
20 | | are not inconsistent with applicable regulations promulgated
|
21 | | by the Board. Except as otherwise provided in this Act, a bond |
22 | | or other
security shall not be required as a condition for the |
23 | | issuance of a permit. If
the Agency denies any permit pursuant |
24 | | to this subsection, the Agency shall
transmit to the applicant |
25 | | within the time limitations of this subsection
specific, |
26 | | detailed statements as to the reasons the permit application |
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1 | | was
denied. Such statements shall include but not be limited to |
2 | | the following:
|
3 | | (1) the Sections of this Act that may be violated if |
4 | | the permit
were granted;
|
5 | | (2) the specific regulations promulgated pursuant to |
6 | | this
Act that may be violated if the permit were granted;
|
7 | | (3) the specific information, if any, the Agency deems |
8 | | the
applicant did not provide in its application to the |
9 | | Agency; and
|
10 | | (4) a statement of specific reasons why the Act and the |
11 | | regulations
might be violated if the permit were granted.
|
12 | | If no final action is taken by the Agency within 90 days |
13 | | after the filing
of the application for permit, the applicant |
14 | | may deem the permit issued.
Any applicant for a permit may |
15 | | waive the 90 day limitation by filing a
written statement with |
16 | | the Agency.
|
17 | | The Agency shall issue permits for such facilities upon |
18 | | receipt of an
application that includes a legal description of |
19 | | the site, a topographic
map of the site drawn to the scale of |
20 | | 200 feet to the inch or larger, a
description of the operation, |
21 | | including the area served, an estimate of
the volume of |
22 | | materials to be processed, and documentation that:
|
23 | | (1) the facility includes a setback of at
least 200 |
24 | | feet from the nearest potable water supply well;
|
25 | | (2) the facility is located outside the boundary
of the |
26 | | 10-year floodplain or the site will be floodproofed;
|
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1 | | (3) the facility is located so as to minimize
|
2 | | incompatibility with the character of the surrounding |
3 | | area, including at
least a 200 foot setback from any |
4 | | residence, and in the case of a
facility that is developed |
5 | | or the permitted composting area of which is
expanded after |
6 | | November 17, 1991, the composting area is located at least |
7 | | 1/8
mile from the nearest residence (other than a residence |
8 | | located on the same
property as the facility);
|
9 | | (4) the design of the facility will prevent any compost |
10 | | material from
being placed within 5 feet of the water |
11 | | table, will adequately control runoff
from the site, and |
12 | | will collect and manage any leachate that is generated on
|
13 | | the site;
|
14 | | (5) the operation of the facility will include |
15 | | appropriate dust
and odor control measures, limitations on |
16 | | operating hours, appropriate
noise control measures for |
17 | | shredding, chipping and similar equipment,
management |
18 | | procedures for composting, containment and disposal of
|
19 | | non-compostable wastes, procedures to be used for
|
20 | | terminating operations at the site, and recordkeeping |
21 | | sufficient to
document the amount of materials received, |
22 | | composted and otherwise
disposed of; and
|
23 | | (6) the operation will be conducted in accordance with |
24 | | any applicable
rules adopted by the Board.
|
25 | | The Agency shall issue renewable permits of not longer than |
26 | | 10 years
in duration for the composting of landscape wastes, as |
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1 | | defined in Section
3.155 of this Act, based on the above |
2 | | requirements.
|
3 | | The operator of any facility permitted under this |
4 | | subsection (m) must
submit a written annual statement to the |
5 | | Agency on or before April 1 of
each year that includes an |
6 | | estimate of the amount of material, in tons,
received for |
7 | | composting.
|
8 | | (n) The Agency shall issue permits jointly with the |
9 | | Department of
Transportation for the dredging or deposit of |
10 | | material in Lake Michigan in
accordance with Section 18 of the |
11 | | Rivers, Lakes, and Streams Act.
|
12 | | (o) (Blank.)
|
13 | | (o-1) Notwithstanding any provisions of this Act to the |
14 | | contrary, the Agency shall not grant a permit for a new |
15 | | pollution control facility over an aquifer that is the |
16 | | principal source of potable water for 50 or more municipalities |
17 | | that are located outside of the county where the proposed |
18 | | facility will be located unless the Board determines, based |
19 | | upon evidence presented at a public hearing conducted by the |
20 | | Board in accordance with this Section, that the operation of |
21 | | the facility at that location will not pose an unreasonable |
22 | | threat of contamination to that aquifer. |
23 | | For purposes of determining the applicability of this |
24 | | subsection (o-1), the Agency, upon receipt of an application |
25 | | for a permit for the establishment of a new pollution control |
26 | | facility shall make a determination, based upon a review of |
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1 | | technical and scientific information maintained by the |
2 | | Illinois Water Inventory Program of the Illinois State Water |
3 | | Survey's Center for Groundwater Science and by the Illinois |
4 | | State Geological Survey, as to whether the proposed facility |
5 | | would be located over an aquifer that provides a principal |
6 | | source of water for 50 or more municipalities located outside |
7 | | of the county where the facility will be located. |
8 | | An aquifer shall be deemed to provide a principal source of |
9 | | potable water for a municipality for purposes of this |
10 | | subsection (o-1) if the municipality is served by a community |
11 | | water supply, and that community water supply has, during the |
12 | | 12-month period immediately preceding the date of |
13 | | determination, obtained 50% or more of its potable water from |
14 | | that aquifer. |
15 | | In addition to any facilities that meet the definition of a |
16 | | "new pollution control facility" as defined elsewhere in this |
17 | | Act, for the purposes of this subsection (o-1), a "new |
18 | | pollution control facility" shall also include any existing |
19 | | pollution control facility that is the proposed location, |
20 | | pursuant to a pending application to the USEPA, for the |
21 | | disposal of Polychlorinated Biphenyls (PCBs) or PCB items at |
22 | | concentrations regulated by the Toxic Substances Control Act, |
23 | | pursuant to Subpart D of 40 C.F.R. 761. |
24 | | If the Agency determines that the proposed new pollution |
25 | | control facility is over an aquifer that provides a principal |
26 | | source of potable water for one or more municipalities located |
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1 | | outside of the county where the facility is located, the Agency |
2 | | shall (i) identify from records maintained by the Illinois |
3 | | State Water Survey each municipality that is located outside of |
4 | | the County that is provided a principal source of water from |
5 | | the aquifer in question, (ii) schedule a public hearing before |
6 | | the Board for the purpose of considering evidence on the issue |
7 | | of whether the operation of the facility will pose an |
8 | | unreasonable risk of contamination to the aquifer in question, |
9 | | and (iii) provide written notice of the time and date of the |
10 | | public hearing before the Board to the permit applicant and the |
11 | | mayor, village board president, or other chief executive |
12 | | officer of each municipality that has been identified as being |
13 | | served by a community water supply relying on the aquifer as a |
14 | | principal source of potable water. |
15 | | The hearing required under this subsection (o-1) shall |
16 | | be scheduled at least 90 days after the applicant and any |
17 | | interested parties have received notice of the hearing by |
18 | | certified mail, and no more than 120 days after receipt by the |
19 | | Agency of the application for the permit. At the conclusion of |
20 | | the hearing, the Board shall decide whether the proposed |
21 | | facility poses an unreasonable risk of contamination of the |
22 | | aquifer in question. In making that determination, the Board |
23 | | shall consider the following: |
24 | | (1) whether the aquifer in question is protected from |
25 | | contamination caused by any leaks of substances disposed of |
26 | | at the facility by a continuous formation of not less than |
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1 | | 50 feet of bedrock between the bottom of the facility and |
2 | | the aquifer; |
3 | | (2) whether the aquifer is separated vertically from |
4 | | the bottom of the proposed facility by at least 300 feet; |
5 | | (3) whether the municipality or municipalities that |
6 | | rely on the aquifer as a principal source of potable water |
7 | | have an available, alternative ground or surface water |
8 | | source for potable water that can be economically utilized |
9 | | to replace water from the aquifer if it becomes |
10 | | contaminated; and |
11 | | (4) whether materials that may be disposed of at the |
12 | | waste facility include any hazardous waste or special waste |
13 | | and, if so, (A) whether the applicant has demonstrated that |
14 | | there is an economically feasible means of |
15 | | de-contaminating the aquifer if it becomes contaminated by |
16 | | substances originating in such hazardous or special waste |
17 | | that has been disposed of at the facility; (B) whether the |
18 | | applicant has identified a secure source of funds that |
19 | | would be perpetually available and adequate to cover the |
20 | | costs for removing contamination originating from the |
21 | | facility from the aquifer; and (C) the length of time that |
22 | | any toxic or hazardous substances contained in any |
23 | | hazardous or special waste disposed of at the facility can |
24 | | be expected to persist in a chemical state and in |
25 | | concentrations that will pose a threat to human health if |
26 | | ingested. |
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1 | | The Board's decision shall be in writing, and shall be |
2 | | supported by written findings of fact as to each of the |
3 | | criteria to be considered. |
4 | | (p) (1) Any person submitting an application for a permit |
5 | | for a new MSWLF
unit or for a lateral expansion under |
6 | | subsection (t) of Section 21 of this Act
for an existing MSWLF |
7 | | unit that has not received and is not subject to local
siting |
8 | | approval under Section 39.2 of this Act shall publish notice of |
9 | | the
application in a newspaper of general circulation in the |
10 | | county in which the
MSWLF unit is or is proposed to be located. |
11 | | The notice must be published at
least 15 days before submission |
12 | | of the permit application to the Agency. The
notice shall state |
13 | | the name and address of the applicant, the location of the
|
14 | | MSWLF unit or proposed MSWLF unit, the nature and size of the |
15 | | MSWLF unit or
proposed MSWLF unit, the nature of the activity |
16 | | proposed, the probable life of
the proposed activity, the date |
17 | | the permit application will be submitted, and a
statement that |
18 | | persons may file written comments with the Agency concerning |
19 | | the
permit application within 30 days after the filing of the |
20 | | permit application
unless the time period to submit comments is |
21 | | extended by the Agency.
|
22 | | When a permit applicant submits information to the Agency |
23 | | to supplement a
permit application being reviewed by the |
24 | | Agency, the applicant shall not be
required to reissue the |
25 | | notice under this subsection.
|
26 | | (2) The Agency shall accept written comments concerning the |
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1 | | permit
application that are postmarked no later than 30 days |
2 | | after the
filing of the permit application, unless the time |
3 | | period to accept comments is
extended by the Agency.
|
4 | | (3) Each applicant for a permit described in part (1) of |
5 | | this subsection
shall file a
copy of the permit application |
6 | | with the county board or governing body of the
municipality in |
7 | | which the MSWLF unit is or is proposed to be located at the
|
8 | | same time the application is submitted to the Agency. The |
9 | | permit application
filed with the county board or governing |
10 | | body of the municipality shall include
all documents submitted |
11 | | to or to be submitted to the Agency, except trade
secrets as |
12 | | determined under Section 7.1 of this Act. The permit |
13 | | application
and other documents on file with the county board |
14 | | or governing body of the
municipality shall be made available |
15 | | for public inspection during regular
business hours at the |
16 | | office of the county board or the governing body of the
|
17 | | municipality and may be copied upon payment of the actual cost |
18 | | of
reproduction.
|
19 | | (q) Within 6 months after the effective date of this |
20 | | amendatory Act of the 97th General Assembly, the Agency, in |
21 | | consultation with the regulated community, shall develop a web |
22 | | portal to be posted on its website for the purpose of enhancing |
23 | | review and promoting timely issuance of permits required by |
24 | | this Act. At a minimum, the Agency shall make the following |
25 | | information available on the web portal: |
26 | | (1) Checklists and guidance relating to the completion |
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1 | | of permit applications, developed pursuant to subsection |
2 | | (s) of this Section, which may include, but are not limited |
3 | | to, existing instructions for completing the applications |
4 | | and examples of complete applications. As the Agency |
5 | | develops new checklists and develops guidance, it shall |
6 | | supplement the web portal with those materials. |
7 | | (2) Within 2 years after the effective date of this |
8 | | amendatory Act of the 97th General Assembly, permit |
9 | | application forms or portions of permit applications that |
10 | | can be completed and saved electronically, and submitted to |
11 | | the Agency electronically with digital signatures. |
12 | | (3) Within 2 years after the effective date of this |
13 | | amendatory Act of the 97th General Assembly, an online |
14 | | tracking system where an applicant may review the status of |
15 | | its pending application, including the name and contact |
16 | | information of the permit analyst assigned to the |
17 | | application. Until the online tracking system has been |
18 | | developed, the Agency shall post on its website semi-annual |
19 | | permitting efficiency tracking reports that include |
20 | | statistics on the timeframes for Agency action on the |
21 | | following types of permits received after the effective |
22 | | date of this amendatory Act of the 97th General Assembly: |
23 | | air construction permits, new NPDES permits and associated |
24 | | water construction permits, and modifications of major |
25 | | NPDES permits and associated water construction permits. |
26 | | The reports must be posted by February 1 and August 1 each |
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1 | | year and shall include: |
2 | | (A) the number of applications received for each |
3 | | type of permit, the number of applications on which the |
4 | | Agency has taken action, and the number of applications |
5 | | still pending; and |
6 | | (B) for those applications where the Agency has not |
7 | | taken action in accordance with the timeframes set |
8 | | forth in this Act, the date the application was |
9 | | received and the reasons for any delays, which may |
10 | | include, but shall not be limited to, (i) the |
11 | | application being inadequate or incomplete, (ii) |
12 | | scientific or technical disagreements with the |
13 | | applicant, USEPA, or other local, state, or federal |
14 | | agencies involved in the permitting approval process, |
15 | | (iii) public opposition to the permit, or (iv) Agency |
16 | | staffing shortages. To the extent practicable, the |
17 | | tracking report shall provide approximate dates when |
18 | | cause for delay was identified by the Agency, when the |
19 | | Agency informed the applicant of the problem leading to |
20 | | the delay, and when the applicant remedied the reason |
21 | | for the delay. |
22 | | (r) Upon the request of the applicant, the Agency shall |
23 | | notify the applicant of the permit analyst assigned to the |
24 | | application upon its receipt. |
25 | | (s) The Agency is authorized to prepare and distribute |
26 | | guidance documents relating to its administration of this |
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1 | | Section and procedural rules implementing this Section. |
2 | | Guidance documents prepared under this subsection shall not be |
3 | | considered rules and shall not be subject to the Illinois |
4 | | Administrative Procedure Act. Such guidance shall not be |
5 | | binding on any party. |
6 | | (t) Except as otherwise prohibited by federal law or |
7 | | regulation, any person submitting an application for a permit |
8 | | may include with the application suggested permit language for |
9 | | Agency consideration. The Agency is not obligated to use the |
10 | | suggested language or any portion thereof in its permitting |
11 | | decision. If requested by the permit applicant, the Agency |
12 | | shall meet with the applicant to discuss the suggested |
13 | | language. |
14 | | (u) If requested by the permit applicant, the Agency shall |
15 | | provide the permit applicant with a copy of the draft permit |
16 | | prior to any public review period. |
17 | | (v) If requested by the permit applicant, the Agency shall |
18 | | provide the permit applicant with a copy of the final permit |
19 | | prior to its issuance. |
20 | | (w) An air pollution permit shall not be required due to |
21 | | emissions of greenhouse gases, as specified by Section 9.15 of |
22 | | this Act. |
23 | | (Source: P.A. 97-95, eff. 7-12-11.)
|
24 | | Section 99. Effective date. This Act takes effect upon |
25 | | becoming law.".
|