Full Text of HB2842 100th General Assembly
HB2842enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 39.2 as follows:
| 6 | | (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
| 7 | | Sec. 39.2. Local siting review.
| 8 | | (a) The county board of the county or the governing body of | 9 | | the
municipality, as determined by paragraph (c) of Section 39 | 10 | | of this Act, shall
approve or disapprove the request for local | 11 | | siting approval for each pollution
control facility which is | 12 | | subject to such review. An applicant for local
siting approval | 13 | | shall submit sufficient details describing the proposed
| 14 | | facility and evidence to demonstrate compliance, and local | 15 | | siting approval shall be granted
only if the proposed facility | 16 | | meets the following criteria:
| 17 | | (i) the facility is necessary to accommodate the waste | 18 | | needs of the area
it is intended to serve;
| 19 | | (ii) the facility is so designed, located and proposed | 20 | | to be operated
that the public health, safety and welfare | 21 | | will be protected;
| 22 | | (iii) the facility is located so as to minimize | 23 | | incompatibility with the
character of the surrounding area |
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| 1 | | and to minimize the effect on the value of
the surrounding | 2 | | property;
| 3 | | (iv) (A) for a facility other than a sanitary landfill | 4 | | or waste disposal
site, the facility is located outside the | 5 | | boundary of the 100 year flood plain
or the site is | 6 | | flood-proofed; (B) for a facility that is a sanitary | 7 | | landfill
or waste disposal site, the facility is located | 8 | | outside the boundary of the
100-year floodplain, or if the | 9 | | facility is a facility described in subsection
(b)(3) of | 10 | | Section 22.19a, the site is flood-proofed;
| 11 | | (v) the plan of operations for the facility is designed | 12 | | to minimize
the danger to the surrounding area from fire, | 13 | | spills, or other operational
accidents;
| 14 | | (vi) the traffic patterns to or from the facility are | 15 | | so designed as to
minimize the impact on existing traffic | 16 | | flows;
| 17 | | (vii) if the facility will be treating, storing or | 18 | | disposing of
hazardous waste, an emergency response plan | 19 | | exists for the facility which
includes notification, | 20 | | containment and evacuation procedures to be used in
case of | 21 | | an accidental release;
| 22 | | (viii) if the facility is to be located in a county | 23 | | where the county
board has adopted a solid waste management | 24 | | plan consistent with the planning
requirements of the Local | 25 | | Solid Waste Disposal Act or the Solid Waste Planning
and | 26 | | Recycling Act, the facility is
consistent with that plan; |
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| 1 | | for purposes of this criterion (viii), the "solid waste | 2 | | management plan" means the plan that is in effect as of the | 3 | | date the application for siting approval is filed; and
| 4 | | (ix) if the facility will be located within a regulated | 5 | | recharge area,
any applicable requirements specified by | 6 | | the Board for such areas have been
met.
| 7 | | The county board or the governing body of the municipality | 8 | | may also
consider as evidence the previous operating experience | 9 | | and past record of
convictions or admissions of violations of | 10 | | the applicant (and any subsidiary
or parent corporation) in the | 11 | | field of solid waste management when
considering criteria (ii) | 12 | | and (v) under this Section. | 13 | | If the facility is subject to the location restrictions in | 14 | | Section 22.14 of this Act, compliance with that Section shall | 15 | | be determined as of the date the application for siting | 16 | | approval is filed.
| 17 | | (b) No later than 14 days before the date on which the | 18 | | county board or
governing body of the municipality receives a | 19 | | request for
site approval, the applicant shall cause written | 20 | | notice
of such request to be served either in person or by | 21 | | registered mail, return
receipt requested, on the owners of all | 22 | | property within the subject area not
solely owned by the | 23 | | applicant, and on the owners of all property within 250
feet in | 24 | | each direction of the lot line of the subject property, said | 25 | | owners
being such persons or entities which appear from the | 26 | | authentic tax records of
the County in which such facility is |
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| 1 | | to be located; provided, that the number
of all feet occupied | 2 | | by all public roads, streets, alleys and other public ways
| 3 | | shall be excluded in computing the 250 feet requirement; | 4 | | provided further, that
in no event shall this requirement | 5 | | exceed 400 feet, including public streets,
alleys and other | 6 | | public ways.
| 7 | | Such written notice shall also be served upon members of | 8 | | the General Assembly
from the legislative district in which the | 9 | | proposed facility is located
and shall be published in a | 10 | | newspaper of general circulation published in
the county in | 11 | | which the site is located.
| 12 | | Such notice shall state the name and address of the | 13 | | applicant, the location
of the proposed site, the nature and | 14 | | size of the development, the nature of the
activity proposed, | 15 | | the probable life of the proposed activity, the date when
the | 16 | | request for site approval will be submitted, and a description | 17 | | of the right
of persons to comment on such request as hereafter | 18 | | provided.
| 19 | | (c) An applicant shall file a copy of its request with the | 20 | | county board
of the county or the governing body of the | 21 | | municipality in which the proposed
site is located. The request | 22 | | shall include (i) the substance of the
applicant's proposal and | 23 | | (ii) all documents, if any, submitted as of that date
to the | 24 | | Agency pertaining to the proposed facility, except trade | 25 | | secrets as
determined under Section 7.1 of this Act. All such | 26 | | documents or other
materials on file with the county board or |
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| 1 | | governing body of the municipality
shall be made available for | 2 | | public inspection at the office of the county board
or the | 3 | | governing body of the municipality and may be copied upon | 4 | | payment of the
actual cost of reproduction.
| 5 | | Any person may file written comment with the county board | 6 | | or governing
body of the municipality concerning the | 7 | | appropriateness of the proposed
site for its intended purpose. | 8 | | The county board or governing body of the
municipality shall | 9 | | consider any comment received or postmarked not later
than 30 | 10 | | days after the date of the last public hearing.
| 11 | | (d) At least one public hearing , at which an applicant | 12 | | shall present at least one witness to testify subject to | 13 | | cross-examination, is to be held by the county board or
| 14 | | governing body of the municipality no sooner than 90 days but | 15 | | no later than
120 days after the date on which it received the
| 16 | | request for site approval. No later than 14 days prior to such | 17 | | hearing,
notice shall be published in a newspaper of general | 18 | | circulation published in
the county of the proposed site, and | 19 | | delivered by certified mail to all members
of the General | 20 | | Assembly from the district in which the proposed site is
| 21 | | located, to the governing authority of every municipality | 22 | | contiguous to the
proposed site or contiguous to the | 23 | | municipality in which the proposed site is
to be located, to | 24 | | the county board of the county where the proposed site is to
be | 25 | | located, if the proposed site is located within the boundaries | 26 | | of a
municipality, and to the Agency. Members or |
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| 1 | | representatives of the governing
authority of a municipality | 2 | | contiguous to the proposed site or contiguous to
the | 3 | | municipality in which the proposed site is to be located and, | 4 | | if the
proposed site is located in a municipality, members or | 5 | | representatives of the
county board of a county in which the | 6 | | proposed site is to be located may appear
at and participate in | 7 | | public hearings held pursuant to this Section. The
public | 8 | | hearing shall develop a record sufficient to form the basis of | 9 | | appeal
of the decision in accordance with Section 40.1 of this | 10 | | Act. The fact that a
member of the county board or governing | 11 | | body of the municipality has publicly
expressed an opinion on | 12 | | an issue related to a site review proceeding shall not
preclude | 13 | | the member from taking part in the proceeding and voting on the | 14 | | issue.
| 15 | | (e) Decisions of the county board or governing body of the | 16 | | municipality
are to be in writing, confirming a public hearing | 17 | | was held with testimony from at least one witness presented by | 18 | | the applicant, specifying the reasons for the decision, such | 19 | | reasons
to be in conformance with subsection (a) of this | 20 | | Section. In granting approval
for a site the county board or | 21 | | governing body of the municipality may impose
such conditions | 22 | | as may be reasonable and necessary to accomplish the purposes
| 23 | | of this Section and as are not inconsistent with regulations | 24 | | promulgated
by the Board. Such decision shall be available for | 25 | | public inspection at
the office of the county board or | 26 | | governing body of the municipality and
may be copied upon |
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| 1 | | payment of the actual cost of reproduction. If there is
no | 2 | | final action by the county board or governing body of the | 3 | | municipality
within 180 days after the date on which it | 4 | | received the
request for site approval, the applicant may deem | 5 | | the request approved.
| 6 | | At the public hearing, at any time prior to completion by | 7 | | the applicant of the presentation of
the applicant's factual | 8 | | evidence , testimony, and an opportunity for cross-examination | 9 | | cross-questioning
by the county board or governing body of the | 10 | | municipality and any participants,
the applicant may file not | 11 | | more than one amended application upon payment
of additional | 12 | | fees pursuant to subsection (k); in which case the time
| 13 | | limitation for final action set forth in this subsection (e) | 14 | | shall
be extended for an additional period of 90 days.
| 15 | | If, prior to making a final local siting decision, a county | 16 | | board or
governing body of a municipality has negotiated and | 17 | | entered into a host
agreement with the local siting applicant, | 18 | | the terms and conditions of
the host agreement, whether written | 19 | | or oral, shall be disclosed and made
a part of the hearing | 20 | | record for that local siting proceeding.
In the case of an oral | 21 | | agreement, the disclosure shall be made in the form
of a | 22 | | written summary jointly prepared and submitted by the county | 23 | | board or
governing body of the municipality and the siting | 24 | | applicant and shall describe
the terms and conditions of the | 25 | | oral agreement.
| 26 | | (e-5) Siting approval obtained pursuant to this Section is |
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| 1 | | transferable
and may be transferred to a subsequent owner or | 2 | | operator. In the event that
siting approval has been | 3 | | transferred to a subsequent owner or operator, that
subsequent | 4 | | owner or operator assumes and takes subject to any and all
| 5 | | conditions imposed upon the prior owner or operator by the | 6 | | county board of
the county or governing body of the | 7 | | municipality pursuant to subsection (e).
However, any such | 8 | | conditions imposed pursuant to this Section may be modified
by | 9 | | agreement between the subsequent owner or operator and the | 10 | | appropriate
county board or governing body. Further, in the | 11 | | event that siting approval
obtained pursuant to this Section | 12 | | has been transferred to a subsequent owner or
operator, that | 13 | | subsequent owner or operator assumes all rights and obligations
| 14 | | and takes the facility subject to any and all terms and | 15 | | conditions of any
existing host agreement between the prior | 16 | | owner or operator and the appropriate
county board or governing | 17 | | body.
| 18 | | (f) A local siting approval granted under this Section | 19 | | shall expire at
the end of 2 calendar years from the date upon | 20 | | which it was granted, unless
the local siting approval granted | 21 | | under this Section is for a sanitary landfill
operation, in | 22 | | which case the approval shall expire at the end of 3 calendar
| 23 | | years from the date upon which it was granted, and unless | 24 | | within that period
the applicant has made application to the | 25 | | Agency for a
permit to develop the site. In the event that the | 26 | | local siting decision has
been appealed, such expiration period |
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| 1 | | shall be deemed to begin on the date
upon which the appeal | 2 | | process is concluded.
| 3 | | Except as otherwise provided in this subsection, upon the | 4 | | expiration
of a development permit under subsection (k) of | 5 | | Section 39, any associated
local siting approval granted for | 6 | | the facility under this Section shall also
expire.
| 7 | | If a first development permit for a municipal waste | 8 | | incineration
facility expires under subsection (k) of Section | 9 | | 39 after September 30,
1989 due to circumstances beyond the | 10 | | control of the applicant, any
associated local siting approval | 11 | | granted for the facility under this
Section may be used to | 12 | | fulfill the local siting approval requirement upon
application | 13 | | for a second development permit for the same site, provided
| 14 | | that the proposal in the new application is materially the | 15 | | same, with respect
to the criteria in subsection (a) of this | 16 | | Section, as the proposal that
received the original siting | 17 | | approval, and application for the second
development permit is | 18 | | made before January 1, 1990.
| 19 | | (g) The siting approval procedures, criteria and appeal | 20 | | procedures
provided for in this Act for new pollution control | 21 | | facilities
shall be the exclusive siting procedures and rules | 22 | | and appeal procedures
for facilities subject to such | 23 | | procedures. Local zoning or other local land
use requirements | 24 | | shall not be applicable to such siting decisions.
| 25 | | (h) Nothing in this Section shall apply to any existing or | 26 | | new
pollution control facility located within the corporate |
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| 1 | | limits of
a municipality with a population of over 1,000,000.
| 2 | | (i) (Blank.)
| 3 | | The Board shall adopt regulations establishing the | 4 | | geologic and
hydrologic siting criteria necessary to protect | 5 | | usable groundwater
resources which are to be followed by the | 6 | | Agency in its review of permit
applications for new pollution | 7 | | control facilities. Such
regulations, insofar as they apply to | 8 | | new pollution control
facilities authorized to store, treat or | 9 | | dispose of any hazardous waste,
shall be at least as stringent | 10 | | as the requirements of the Resource
Conservation and Recovery | 11 | | Act and any State or federal regulations adopted
pursuant | 12 | | thereto.
| 13 | | (j) Any new pollution control facility which has never | 14 | | obtained local
siting approval under the provisions of this | 15 | | Section shall be required to
obtain such approval after a final | 16 | | decision on an appeal of a permit denial.
| 17 | | (k) A county board or governing body of a municipality may | 18 | | charge
applicants for siting review under this Section a | 19 | | reasonable fee to cover
the reasonable and necessary costs | 20 | | incurred by such county or municipality
in the siting review | 21 | | process.
| 22 | | (l) The governing Authority as determined by subsection (c) | 23 | | of Section
39 of this Act may request the Department of | 24 | | Transportation to perform
traffic impact studies of proposed or | 25 | | potential locations for required
pollution control facilities.
| 26 | | (m) An applicant may not file a request for local siting |
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| 1 | | approval which is
substantially the same as a request which was | 2 | | disapproved pursuant to a
finding against the applicant under | 3 | | any of criteria (i) through (ix) of
subsection (a) of this | 4 | | Section within the preceding 2 years.
| 5 | | (n) In any review proceeding of a decision of the county | 6 | | board or
governing body of a municipality made pursuant to the | 7 | | local
siting review process, the petitioner in the review | 8 | | proceeding shall pay to
the county or municipality the cost of | 9 | | preparing and certifying the record
of proceedings. Should the | 10 | | petitioner in the review proceeding fail to make
payment, the | 11 | | provisions of Section 3-109 of the Code of Civil
Procedure | 12 | | shall apply.
| 13 | | In the event the petitioner is a citizens' group that | 14 | | participated in the
siting proceeding and is so located as to | 15 | | be affected by the proposed
facility, such petitioner shall be | 16 | | exempt from paying the costs of
preparing and certifying the | 17 | | record.
| 18 | | (o) Notwithstanding any other provision of this Section, a | 19 | | transfer
station used exclusively for landscape waste, where | 20 | | landscape waste is held
no longer than 24 hours from the time | 21 | | it was received, is not subject to the
requirements of local | 22 | | siting approval under this Section, but is subject only
to | 23 | | local zoning approval.
| 24 | | (Source: P.A. 94-591, eff. 8-15-05; 95-288, eff. 8-20-07.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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