Full Text of SB2916 93rd General Assembly
SB2916 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2916
Introduced 2/6/2004, by Dave Sullivan SYNOPSIS AS INTRODUCED: |
|
415 ILCS 5/9 |
from Ch. 111 1/2, par. 1009 |
415 ILCS 5/12 |
from Ch. 111 1/2, par. 1012 |
415 ILCS 5/39 |
from Ch. 111 1/2, par. 1039 |
|
Amends the Environmental Protection Act. Provides that the construction of any equipment, facility, vehicle,
vessel, or aircraft capable of causing or contributing to air pollution or
designed to prevent air pollution does not require a construction permit unless that equipment, facility, vehicle,
vessel, or aircraft is subject to regulation under certain Sections of the federal Clean Air Act. Provides that the construction of any equipment, facility, vehicle,
vessel, or aircraft capable of causing or contributing to water pollution or designed to prevent water pollution does not require a construction or operation permit unless (i) the construction of the equipment, facility, vehicle, vessel, or aircraft will be funded in whole or in part by financial support from the State or the federal government or (ii) the equipment, facility, vehicle, vessel, or aircraft is for the purpose of the pretreatment of wastewater prior to discharge to a non-delegated publicly owned treatment works. Sets forth procedures by which the Environmental Protection Agency must: (i) allow a permit applicant to review and comment on a proposed draft permit; (ii) issue general permits that do not require individual applications for categories of similar sources or equipment, facilities, vessels, or aircraft; (iii) allow a permit applicant to select a permitting analyst to perform permit application reviews and drafting on behalf of the Agency; and (iv) provide, upon an applicant's request, an expedited review of a permit application. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB2916 |
|
LRB093 18643 BDD 44369 b |
|
| 1 |
| AN ACT concerning environmental protection.
| 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 Sections 9, 12, and 39 as follows:
| 6 |
| (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
| 7 |
| Sec. 9. Acts prohibited. No person shall:
| 8 |
| (a) Cause or threaten or allow the discharge or emission of | 9 |
| any
contaminant into the environment in any State so as to | 10 |
| cause or tend to
cause air pollution in Illinois, either alone | 11 |
| or in combination with
contaminants from other sources, or so | 12 |
| as to violate regulations or
standards adopted by the Board | 13 |
| under this Act;
| 14 |
| (b) Construct, install, or operate any equipment, | 15 |
| facility, vehicle,
vessel, or aircraft capable of causing or | 16 |
| contributing to air pollution or
designed to prevent air | 17 |
| pollution, of any type designated by Board
regulations, without | 18 |
| a permit granted by the Agency, or in violation of any
| 19 |
| conditions imposed by such permit ; provided, however, that | 20 |
| construction permits shall not be required except for cases in | 21 |
| which (i) a person seeks to construct any equipment, facility, | 22 |
| vehicle, vessel, or aircraft capable of causing or contributing | 23 |
| to air pollution or designed to prevent air pollution, and that | 24 |
| equipment, facility, vehicle, vessel, or aircraft is subject to | 25 |
| regulation under Section 165 or 173 of the Clean Air Act, as | 26 |
| now or hereafter amended, or federal regulations adopted | 27 |
| pursuant thereto, or (ii) a person seeks federally enforceable | 28 |
| conditions to avoid being subject to regulation under Section | 29 |
| 165 or 173 of the Clean Air Act, as now or hereafter amended, | 30 |
| or federal regulations adopted pursuant thereto. Even though | 31 |
| not required to do so, any person may apply for a construction | 32 |
| permit to construct any equipment, facility, vehicle, vessel, |
|
|
|
SB2916 |
- 2 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| or aircraft capable of causing or contributing to air pollution | 2 |
| or designed to prevent air pollution, in which case the Agency | 3 |
| must process the application in accordance with Section 39 of | 4 |
| this Act ;
| 5 |
| (c) Cause or allow the open burning of refuse, conduct any | 6 |
| salvage
operation by open burning, or cause or allow the | 7 |
| burning of any refuse in
any chamber not specifically designed | 8 |
| for the purpose and approved by the
Agency pursuant to | 9 |
| regulations adopted by the Board under this Act; except
that | 10 |
| the Board may adopt regulations permitting open burning of | 11 |
| refuse in
certain cases upon a finding that no harm will result | 12 |
| from such burning, or
that any alternative method of disposing | 13 |
| of such refuse would create a
safety hazard so extreme as to | 14 |
| justify the pollution that would result from
such burning;
| 15 |
| (d) Sell, offer, or use any fuel or other article in any | 16 |
| areas in which
the Board may by regulation forbid its sale, | 17 |
| offer, or use for reasons of
air-pollution control;
| 18 |
| (e) Use, cause or allow the spraying of loose asbestos for | 19 |
| the purpose
of fireproofing or insulating any building or | 20 |
| building material or other
constructions, or otherwise use | 21 |
| asbestos in such unconfined manner as to
permit asbestos fibers | 22 |
| or particles to pollute the air;
| 23 |
| (f) Commencing July 1, 1985, sell any used oil for burning | 24 |
| or incineration
in any incinerator, boiler, furnace, burner or | 25 |
| other equipment unless such
oil meets standards based on virgin | 26 |
| fuel oil or re-refined oil, as defined
in ASTM D-396 or | 27 |
| specifications under VV-F-815C promulgated pursuant to the
| 28 |
| federal Energy Policy and Conservation Act, and meets the | 29 |
| manufacturer's
and current NFDA code standards for which such | 30 |
| incinerator, boiler,
furnace, burner or other equipment was | 31 |
| approved, except that this
prohibition does not apply to a sale | 32 |
| to a permitted used oil re-refining or
reprocessing facility or | 33 |
| sale to a facility permitted by the Agency to burn
or | 34 |
| incinerate such oil.
| 35 |
| Nothing herein shall limit the effect of any section of | 36 |
| this Title with
respect to any form of asbestos, or the |
|
|
|
SB2916 |
- 3 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| spraying of any form of asbestos,
or limit the power of the | 2 |
| Board under this Title to adopt additional and
further | 3 |
| regulations with respect to any form of asbestos, or the | 4 |
| spraying
of any form of asbestos.
| 5 |
| This Section shall not limit the burning of landscape waste | 6 |
| upon the
premises where it is produced or at sites provided and | 7 |
| supervised by any
unit of local government, except within any | 8 |
| county having a population of
more than 400,000. Nothing in | 9 |
| this Section shall prohibit the burning of
landscape waste for | 10 |
| agricultural purposes, habitat management (including but
not | 11 |
| limited to forest and prairie reclamation), or firefighter | 12 |
| training. For
the purposes of this Act, the burning of | 13 |
| landscape waste by production
nurseries shall be considered to | 14 |
| be burning for agricultural purposes.
| 15 |
| Any grain elevator located outside of a major population | 16 |
| area, as defined
in Section 211.3610 of Title 35 of the | 17 |
| Illinois Administrative Code, shall be
exempt from the | 18 |
| requirements of Section 212.462 of Title 35 of the
Illinois | 19 |
| Administrative Code provided that the elevator: (1) does not | 20 |
| violate
the prohibitions of subsection (a) of this Section or | 21 |
| have a certified
investigation, as defined in Section 211.970 | 22 |
| of Title 35 of the Illinois
Administrative Code, on file with | 23 |
| the Agency and (2) is not required to obtain
a Clean Air Act | 24 |
| Permit Program permit pursuant to Section 39.5.
| 25 |
| Notwithstanding the above exemption, new stationary source | 26 |
| performance
standards for grain elevators,
established | 27 |
| pursuant to Section 9.1 of this Act and Section 111 of the | 28 |
| federal
Clean Air Act, shall continue to apply to grain | 29 |
| elevators.
| 30 |
| (Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff. | 31 |
| 6-21-96.)
| 32 |
| (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
| 33 |
| Sec. 12. Actions prohibited. No person shall:
| 34 |
| (a) Cause or threaten or allow the discharge of any | 35 |
| contaminants
into the environment in any State so as to cause |
|
|
|
SB2916 |
- 4 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| or tend to cause water
pollution in Illinois, either alone or | 2 |
| in combination with matter from
other sources, or so as to | 3 |
| violate regulations or standards adopted by
the Pollution | 4 |
| Control Board under this Act.
| 5 |
| (b) Construct, install, or operate any equipment, | 6 |
| facility, vessel,
or aircraft capable of causing or | 7 |
| contributing to water pollution, or
designed to prevent water | 8 |
| pollution, of any type designated by Board
regulations, without | 9 |
| a permit granted by the Agency, or in violation of
any | 10 |
| conditions imposed by such permit ; provided, however, that | 11 |
| construction or operating permits shall not be required except | 12 |
| for cases in which a person seeks to construct or operate any | 13 |
| equipment, facility, vehicle, vessel, or aircraft capable of | 14 |
| causing or contributing to water pollution or designed to | 15 |
| prevent water pollution, and: | 16 |
| (1) the construction of the equipment, facility, | 17 |
| vehicle, vessel, or aircraft will be funded in whole or in | 18 |
| part by financial support from the State or the federal | 19 |
| government; or | 20 |
| (2) the equipment, facility, vehicle, vessel, or | 21 |
| aircraft is for the purpose of the pretreatment of | 22 |
| wastewater prior to discharge to a non-delegated publicly | 23 |
| owned treatment works. | 24 |
| Even though not required to do so, any person may apply for a | 25 |
| construction or operating permit to for any equipment, | 26 |
| facility, vehicle, vessel, or aircraft capable of causing or | 27 |
| contributing to water pollution or designed to prevent water | 28 |
| pollution, in which case the Agency must process the | 29 |
| application in accordance with Section 39 of this Act .
| 30 |
| (c) Increase the quantity or strength of any discharge of
| 31 |
| contaminants into the waters, or construct or install any sewer | 32 |
| or
sewage treatment facility or any new outlet for contaminants | 33 |
| into the
waters of this State, without a permit granted by the | 34 |
| Agency.
| 35 |
| (d) Deposit any contaminants upon the land in such place | 36 |
| and manner
so as to create a water pollution hazard.
|
|
|
|
SB2916 |
- 5 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| (e) Sell, offer, or use any article in any area in which | 2 |
| the Board
has by regulation forbidden its sale, offer, or use | 3 |
| for reasons of water
pollution control.
| 4 |
| (f) Cause, threaten or allow the discharge of any | 5 |
| contaminant into
the waters of the State, as defined herein, | 6 |
| including but not limited
to, waters to any sewage works, or | 7 |
| into any well or from any point
source within the State, | 8 |
| without an NPDES permit for point source
discharges issued by | 9 |
| the Agency under Section 39(b) of this Act, or in
violation of | 10 |
| any term or condition imposed by such permit, or in
violation | 11 |
| of any NPDES permit filing requirement established under
| 12 |
| Section 39(b), or in violation of any regulations adopted by | 13 |
| the Board
or of any order adopted by the Board with respect to | 14 |
| the NPDES program.
| 15 |
| No permit shall be required under this subsection and under | 16 |
| Section
39(b) of this Act for any discharge for which a permit | 17 |
| is not required
under the Federal Water Pollution Control Act, | 18 |
| as now or hereafter
amended, and regulations pursuant thereto.
| 19 |
| For all purposes of this Act, a permit issued by the | 20 |
| Administrator of the
United States Environmental Protection | 21 |
| Agency under Section 402 of the Federal
Water Pollution Control | 22 |
| Act, as now or hereafter amended, shall be deemed
to be a | 23 |
| permit issued by the Agency pursuant to Section 39(b) of this | 24 |
| Act.
However, this shall not apply to the exclusion from the | 25 |
| requirement of an
operating permit provided under Section | 26 |
| 13(b)(i).
| 27 |
| Compliance with the terms and conditions of any permit | 28 |
| issued under Section
39(b) of this Act shall be deemed | 29 |
| compliance with this subsection except
that it shall not be | 30 |
| deemed compliance with any standard or effluent limitation
| 31 |
| imposed for a toxic pollutant injurious to human health.
| 32 |
| In any case where a permit has been timely applied for | 33 |
| pursuant to Section
39(b) of this Act but final administrative | 34 |
| disposition of such application
has not been made, it shall not | 35 |
| be a violation of this subsection to discharge
without such | 36 |
| permit unless the complainant proves that final administrative
|
|
|
|
SB2916 |
- 6 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| disposition has not been made because of the failure of the | 2 |
| applicant to
furnish information reasonably required or | 3 |
| requested in order to process
the application.
| 4 |
| (g) Cause, threaten or allow the underground injection of | 5 |
| contaminants
without a UIC permit issued by the Agency under | 6 |
| Section 39(d) of this Act,
or in violation of any term or | 7 |
| condition imposed by such permit, or in violation
of any | 8 |
| regulations or standards adopted by the Board or of any order | 9 |
| adopted
by the Board with respect to the UIC program.
| 10 |
| No permit shall be required under this subsection and under | 11 |
| Section 39(d)
of this Act for any underground injection of | 12 |
| contaminants for which a permit
is not required under Part C of | 13 |
| the Safe Drinking Water Act (P.L. 93-523),
as amended, unless a | 14 |
| permit is authorized or required under regulations
adopted by | 15 |
| the Board pursuant to Section 13 of this Act.
| 16 |
| (h) Introduce contaminants into a sewage works from any | 17 |
| nondomestic
source except in compliance with the regulations | 18 |
| and standards adopted by
the Board under this Act.
| 19 |
| (Source: P.A. 92-574, eff. 6-26-02.)
| 20 |
| (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| 21 |
| Sec. 39. Issuance of permits; procedures.
| 22 |
| (a) When the Board has by regulation required a permit for
| 23 |
| the construction, installation, or operation of any type of | 24 |
| facility,
equipment, vehicle, vessel, or aircraft, the | 25 |
| applicant shall apply to
the Agency for such permit and it | 26 |
| shall be the duty of the Agency to
issue such a permit upon | 27 |
| proof by the applicant that the facility,
equipment, vehicle, | 28 |
| vessel, or aircraft will not cause a violation of
this Act or | 29 |
| of regulations hereunder. The Agency shall adopt such
| 30 |
| procedures as are necessary to carry out its duties under this | 31 |
| Section.
In making its determinations on permit applications | 32 |
| under this Section the Agency may consider prior adjudications | 33 |
| of
noncompliance with this Act by the applicant that involved a | 34 |
| release of a
contaminant into the environment. In granting | 35 |
| permits, the Agency
may impose reasonable conditions |
|
|
|
SB2916 |
- 7 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| specifically related to the applicant's past
compliance | 2 |
| history with this Act as necessary to correct, detect, or
| 3 |
| prevent noncompliance. The Agency may impose such other | 4 |
| conditions
as may be necessary to accomplish the purposes of | 5 |
| this Act, and as are not
inconsistent with the regulations | 6 |
| promulgated by the Board hereunder. Except as
otherwise | 7 |
| provided in this Act, a bond or other security shall not be | 8 |
| required
as a condition for the issuance of a permit. If the | 9 |
| Agency denies any permit
under this Section, the Agency shall | 10 |
| transmit to the applicant within the time
limitations of this | 11 |
| Section specific, detailed statements as to the reasons the
| 12 |
| permit application was denied. Such statements shall include, | 13 |
| but not be
limited to the following:
| 14 |
| (i) the Sections of this Act which may be violated if | 15 |
| the permit
were granted;
| 16 |
| (ii) the provision of the regulations, promulgated | 17 |
| under this Act,
which may be violated if the permit were | 18 |
| granted;
| 19 |
| (iii) the specific type of information, if any, which | 20 |
| the Agency
deems the applicant did not provide the Agency; | 21 |
| and
| 22 |
| (iv) a statement of specific reasons why the Act and | 23 |
| the regulations
might not be met if the permit were | 24 |
| granted.
| 25 |
| If there is no final action by the Agency within 90 days | 26 |
| after the
filing of the application for permit, the applicant | 27 |
| may deem the permit
issued; except that this time period shall | 28 |
| be extended to 180 days when
(1) notice and opportunity for | 29 |
| public hearing are required by State or
federal law or | 30 |
| regulation, (2) the application which was filed is for
any | 31 |
| permit to develop a landfill subject to issuance pursuant to | 32 |
| this
subsection, or (3) the application that was filed is for a | 33 |
| MSWLF unit
required to issue public notice under subsection (p) | 34 |
| of Section 39. The
90-day and 180-day time periods for the | 35 |
| Agency to take final action do not
apply to NPDES permit | 36 |
| applications under subsection (b) of this Section,
to RCRA |
|
|
|
SB2916 |
- 8 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| permit applications under subsection (d) of this Section, or
to | 2 |
| UIC permit applications under subsection (e) of this Section.
| 3 |
| The Agency shall publish notice of all final permit | 4 |
| determinations for
development permits for MSWLF units and for | 5 |
| significant permit modifications
for lateral expansions for | 6 |
| existing MSWLF units one time in a newspaper of
general | 7 |
| circulation in the county in which the unit is or is proposed | 8 |
| to be
located.
| 9 |
| After January 1, 1994 and until July 1, 1998, operating | 10 |
| permits issued under
this Section by the
Agency for sources of | 11 |
| air pollution permitted to emit less than 25 tons
per year of | 12 |
| any combination of regulated air pollutants, as defined in
| 13 |
| Section 39.5 of this Act, shall be required to be renewed only | 14 |
| upon written
request by the Agency consistent with applicable | 15 |
| provisions of this Act and
regulations promulgated hereunder. | 16 |
| Such operating permits shall expire
180 days after the date of | 17 |
| such a request. The Board shall revise its
regulations for the | 18 |
| existing State air pollution operating permit program
| 19 |
| consistent with this provision by January 1, 1994.
| 20 |
| After June 30, 1998, operating permits issued under this | 21 |
| Section by the
Agency for sources of air pollution that are not | 22 |
| subject to Section 39.5 of
this Act and are not required to | 23 |
| have a federally enforceable State operating
permit shall be | 24 |
| required to be renewed only upon written request by the Agency
| 25 |
| consistent with applicable provisions of this Act and its | 26 |
| rules. Such
operating permits shall expire 180 days after the | 27 |
| date of such a request.
Before July 1, 1998, the Board shall | 28 |
| revise its rules for the existing State
air pollution operating | 29 |
| permit program consistent with this paragraph and shall
adopt | 30 |
| rules that require a source to demonstrate that it qualifies | 31 |
| for a permit
under this paragraph.
| 32 |
| (b) The Agency may issue NPDES permits exclusively under | 33 |
| this
subsection for the discharge of contaminants from point | 34 |
| sources into
navigable waters, all as defined in the Federal | 35 |
| Water Pollution Control
Act, as now or hereafter amended, | 36 |
| within the jurisdiction of the
State, or into any well.
|
|
|
|
SB2916 |
- 9 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| All NPDES permits shall contain those terms and conditions, | 2 |
| including
but not limited to schedules of compliance, which may | 3 |
| be required to
accomplish the purposes and provisions of this | 4 |
| Act.
| 5 |
| The Agency may issue general NPDES permits for discharges | 6 |
| from categories
of point sources which are subject to the same | 7 |
| permit limitations and
conditions. Such general permits may be | 8 |
| issued without individual
applications and shall conform to | 9 |
| regulations promulgated under Section 402
of the Federal Water | 10 |
| Pollution Control Act, as now or hereafter amended.
| 11 |
| The Agency may include, among such conditions, effluent | 12 |
| limitations
and other requirements established under this Act, | 13 |
| Board regulations,
the Federal Water Pollution Control Act, as | 14 |
| now or hereafter amended, and
regulations pursuant thereto, and | 15 |
| schedules for achieving compliance
therewith at the earliest | 16 |
| reasonable date.
| 17 |
| The Agency shall adopt filing requirements and procedures | 18 |
| which are
necessary and appropriate for the issuance of NPDES | 19 |
| permits, and which
are consistent with the Act or regulations | 20 |
| adopted by the Board, and
with the Federal Water Pollution | 21 |
| Control Act, as now or hereafter
amended, and regulations | 22 |
| pursuant thereto.
| 23 |
| The Agency, subject to any conditions which may be | 24 |
| prescribed by
Board regulations, may issue NPDES permits to | 25 |
| allow discharges beyond
deadlines established by this Act or by | 26 |
| regulations of the Board without
the requirement of a variance, | 27 |
| subject to the Federal Water Pollution
Control Act, as now or | 28 |
| hereafter amended, and regulations pursuant thereto.
| 29 |
| (c) Except for those facilities owned or operated by | 30 |
| sanitary districts
organized under the Metropolitan Water | 31 |
| Reclamation District Act, no
permit for the development or | 32 |
| construction of a new pollution control
facility may be granted | 33 |
| by the Agency unless the applicant submits proof to the
Agency | 34 |
| that the location of the facility has been approved by the | 35 |
| County Board
of the county if in an unincorporated area, or the | 36 |
| governing body of the
municipality when in an incorporated |
|
|
|
SB2916 |
- 10 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| area, in which the facility is to be
located in accordance with | 2 |
| Section 39.2 of this Act.
| 3 |
| In the event that siting approval granted pursuant to | 4 |
| Section 39.2 has
been transferred to a subsequent owner or | 5 |
| operator, that subsequent owner or
operator may apply to the | 6 |
| Agency for, and the Agency may grant, a development
or | 7 |
| construction permit for the facility for which local siting | 8 |
| approval was
granted. Upon application to the Agency for a | 9 |
| development or
construction permit by that subsequent owner or | 10 |
| operator,
the permit applicant shall cause written notice of | 11 |
| the permit application
to be served upon the appropriate county | 12 |
| board or governing body of the
municipality that granted siting | 13 |
| approval for that facility and upon any party
to the siting | 14 |
| proceeding pursuant to which siting approval was granted. In
| 15 |
| that event, the Agency shall conduct an evaluation of the | 16 |
| subsequent owner or
operator's prior experience in waste | 17 |
| management operations in the manner
conducted under subsection | 18 |
| (i) of Section 39 of this Act.
| 19 |
| Beginning August 20, 1993, if the pollution control | 20 |
| facility consists of a
hazardous or solid waste disposal | 21 |
| facility for which the proposed site is
located in an | 22 |
| unincorporated area of a county with a population of less than
| 23 |
| 100,000 and includes all or a portion of a parcel of land that | 24 |
| was, on April 1,
1993, adjacent to a municipality having a | 25 |
| population of less than 5,000, then
the local siting review | 26 |
| required under this subsection (c) in conjunction with
any | 27 |
| permit applied for after that date shall be performed by the | 28 |
| governing body
of that adjacent municipality rather than the | 29 |
| county board of the county in
which the proposed site is | 30 |
| located; and for the purposes of that local siting
review, any | 31 |
| references in this Act to the county board shall be deemed to | 32 |
| mean
the governing body of that adjacent municipality; | 33 |
| provided, however, that the
provisions of this paragraph shall | 34 |
| not apply to any proposed site which was, on
April 1, 1993, | 35 |
| owned in whole or in part by another municipality.
| 36 |
| In the case of a pollution control facility for which a
|
|
|
|
SB2916 |
- 11 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| development permit was issued before November 12, 1981, if an | 2 |
| operating
permit has not been issued by the Agency prior to | 3 |
| August 31, 1989 for
any portion of the facility, then the | 4 |
| Agency may not issue or renew any
development permit nor issue | 5 |
| an original operating permit for any portion of
such facility | 6 |
| unless the applicant has submitted proof to the Agency that the
| 7 |
| location of the facility has been approved by the appropriate | 8 |
| county board or
municipal governing body pursuant to Section | 9 |
| 39.2 of this Act.
| 10 |
| After January 1, 1994, if a solid waste
disposal facility, | 11 |
| any portion for which an operating permit has been issued by
| 12 |
| the Agency, has not accepted waste disposal for 5 or more | 13 |
| consecutive calendars
years, before that facility may accept | 14 |
| any new or additional waste for
disposal, the owner and | 15 |
| operator must obtain a new operating permit under this
Act for | 16 |
| that facility unless the owner and operator have applied to the | 17 |
| Agency
for a permit authorizing the temporary suspension of | 18 |
| waste acceptance. The
Agency may not issue a new operation | 19 |
| permit under this Act for the facility
unless the applicant has | 20 |
| submitted proof to the Agency that the location of the
facility | 21 |
| has been approved or re-approved by the appropriate county | 22 |
| board or
municipal governing body under Section 39.2 of this | 23 |
| Act after the facility
ceased accepting waste.
| 24 |
| Except for those facilities owned or operated by sanitary | 25 |
| districts
organized under the Metropolitan Water Reclamation | 26 |
| District Act, and
except for new pollution control facilities | 27 |
| governed by Section 39.2,
and except for fossil fuel mining | 28 |
| facilities, the granting of a permit under
this Act shall not | 29 |
| relieve the applicant from meeting and securing all
necessary | 30 |
| zoning approvals from the unit of government having zoning
| 31 |
| jurisdiction over the proposed facility.
| 32 |
| Before beginning construction on any new sewage treatment | 33 |
| plant or sludge
drying site to be owned or operated by a | 34 |
| sanitary district organized under
the Metropolitan Water | 35 |
| Reclamation District Act for which a new
permit (rather than | 36 |
| the renewal or amendment of an existing permit) is
required, |
|
|
|
SB2916 |
- 12 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| such sanitary district shall hold a public hearing within the
| 2 |
| municipality within which the proposed facility is to be | 3 |
| located, or within the
nearest community if the proposed | 4 |
| facility is to be located within an
unincorporated area, at | 5 |
| which information concerning the proposed facility
shall be | 6 |
| made available to the public, and members of the public shall | 7 |
| be given
the opportunity to express their views concerning the | 8 |
| proposed facility.
| 9 |
| The Agency may issue a permit for a municipal waste | 10 |
| transfer station
without requiring approval pursuant to | 11 |
| Section 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 | 27 |
| this
subsection to persons owning or operating a facility for | 28 |
| the treatment,
storage, or disposal of hazardous waste as | 29 |
| defined under this Act.
| 30 |
| All RCRA permits shall contain those terms and conditions, | 31 |
| including but
not limited to schedules of compliance, which may | 32 |
| be required to accomplish
the purposes and provisions of this | 33 |
| Act. The Agency may include among such
conditions standards and | 34 |
| other requirements established under this Act,
Board | 35 |
| regulations, the Resource Conservation and Recovery Act of 1976 | 36 |
| (P.L.
94-580), as amended, and regulations pursuant thereto, |
|
|
|
SB2916 |
- 13 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| and may include
schedules for achieving compliance therewith as | 2 |
| soon as possible. The
Agency shall require that a performance | 3 |
| bond or other security be provided
as a condition for the | 4 |
| issuance of a RCRA permit.
| 5 |
| In the case of a permit to operate a hazardous waste or PCB | 6 |
| incinerator
as defined in subsection (k) of Section 44, the | 7 |
| Agency shall require, as a
condition of the permit, that the | 8 |
| operator of the facility perform such
analyses of the waste to | 9 |
| be incinerated as may be necessary and appropriate
to ensure | 10 |
| the safe operation of the incinerator.
| 11 |
| The Agency shall adopt filing requirements and procedures | 12 |
| which
are necessary and appropriate for the issuance of RCRA | 13 |
| permits, and which
are consistent with the Act or regulations | 14 |
| adopted by the Board, and with
the Resource Conservation and | 15 |
| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 16 |
| pursuant thereto.
| 17 |
| The applicant shall make available to the public for | 18 |
| inspection all
documents submitted by the applicant to the | 19 |
| Agency in furtherance
of an application, with the exception of | 20 |
| trade secrets, at the office of
the county board or governing | 21 |
| body of the municipality. Such documents
may be copied upon | 22 |
| payment of the actual cost of reproduction during regular
| 23 |
| business hours of the local office. The Agency shall issue a | 24 |
| written statement
concurrent with its grant or denial of the | 25 |
| permit explaining the basis for its
decision.
| 26 |
| (e) The Agency may issue UIC permits exclusively under this
| 27 |
| subsection to persons owning or operating a facility for the | 28 |
| underground
injection of contaminants as defined under this | 29 |
| Act.
| 30 |
| All UIC permits shall contain those terms and conditions, | 31 |
| including but
not limited to schedules of compliance, which may | 32 |
| be required to accomplish
the purposes and provisions of this | 33 |
| Act. The Agency may include among such
conditions standards and | 34 |
| other requirements established under this Act,
Board | 35 |
| regulations, the Safe Drinking Water Act (P.L. 93-523), as | 36 |
| amended,
and regulations pursuant thereto, and may include |
|
|
|
SB2916 |
- 14 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| schedules for achieving
compliance therewith. The Agency shall | 2 |
| require that a performance bond or
other security be provided | 3 |
| as a condition for the issuance of a UIC permit.
| 4 |
| The Agency shall adopt filing requirements and procedures | 5 |
| which
are necessary and appropriate for the issuance of UIC | 6 |
| permits, and which
are consistent with the Act or regulations | 7 |
| adopted by the Board, and with
the Safe Drinking Water Act | 8 |
| (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 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 | 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.
| 18 |
| (f) In making any determination pursuant to Section 9.1 of | 19 |
| this Act:
| 20 |
| (1) The Agency shall have authority to make the | 21 |
| determination of any
question required to be determined by | 22 |
| the Clean Air Act, as now or
hereafter amended, this Act, | 23 |
| or the regulations of the Board, including the
| 24 |
| determination of the Lowest Achievable Emission Rate, | 25 |
| Maximum Achievable
Control Technology, or Best Available | 26 |
| Control Technology, consistent with the
Board's | 27 |
| regulations, if any.
| 28 |
| (2) The Agency shall, after conferring with the | 29 |
| applicant, give written
notice to the applicant of its | 30 |
| proposed decision on the application including
the terms | 31 |
| and conditions of the permit to be issued and the facts, | 32 |
| conduct
or other basis upon which the Agency will rely to | 33 |
| support its proposed action.
| 34 |
| (3) Following such notice, the Agency shall give the | 35 |
| applicant an
opportunity for a hearing in accordance with | 36 |
| the provisions of Sections
10-25 through 10-60 of the |
|
|
|
SB2916 |
- 15 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| Illinois Administrative Procedure Act.
| 2 |
| (g) The Agency shall include as conditions upon all permits | 3 |
| issued for
hazardous waste disposal sites such restrictions | 4 |
| upon the future use
of such sites as are reasonably necessary | 5 |
| to protect public health and
the environment, including | 6 |
| permanent prohibition of the use of such
sites for purposes | 7 |
| which may create an unreasonable risk of injury to human
health | 8 |
| or to the environment. After administrative and judicial | 9 |
| challenges
to such restrictions have been exhausted, the Agency | 10 |
| shall file such
restrictions of record in the Office of the | 11 |
| Recorder of the county in which
the hazardous waste disposal | 12 |
| site is located.
| 13 |
| (h) A hazardous waste stream may not be deposited in a | 14 |
| permitted hazardous
waste site unless specific authorization | 15 |
| is obtained from the Agency by the
generator and disposal site | 16 |
| owner and operator for the deposit of that specific
hazardous | 17 |
| waste stream. The Agency may grant specific authorization for
| 18 |
| disposal of hazardous waste streams only after the generator | 19 |
| has reasonably
demonstrated that, considering
technological | 20 |
| feasibility and economic reasonableness, the hazardous waste
| 21 |
| cannot be reasonably recycled for reuse, nor incinerated or | 22 |
| chemically,
physically or biologically treated so as to | 23 |
| neutralize the hazardous waste
and render it nonhazardous. In | 24 |
| granting authorization under this Section,
the Agency may | 25 |
| impose such conditions as may be necessary to accomplish
the | 26 |
| purposes of the Act and are consistent with this Act and | 27 |
| regulations
promulgated by the Board hereunder. If the Agency | 28 |
| refuses to grant
authorization under this Section, the | 29 |
| applicant may appeal as if the Agency
refused to grant a | 30 |
| permit, pursuant to the provisions of subsection (a) of
Section | 31 |
| 40 of this Act. For purposes of this subsection (h), the term
| 32 |
| "generator" has the meaning given in Section 3.205 of this Act,
| 33 |
| unless: (1) the hazardous waste is treated, incinerated, or | 34 |
| partially recycled
for reuse prior to disposal, in which case | 35 |
| the last person who treats,
incinerates, or partially recycles | 36 |
| the hazardous waste prior to disposal is the
generator; or (2) |
|
|
|
SB2916 |
- 16 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| the hazardous waste is from a response action, in which case
| 2 |
| the person performing the response action is the generator. | 3 |
| This subsection
(h) does not apply to any hazardous waste that | 4 |
| is restricted from land disposal
under 35 Ill. Adm. Code 728.
| 5 |
| (i) Before issuing any RCRA permit or any permit for a | 6 |
| waste storage site,
sanitary landfill, waste disposal site, | 7 |
| waste transfer station, waste treatment
facility, waste | 8 |
| incinerator, or any waste-transportation operation, the Agency
| 9 |
| shall conduct an evaluation of the prospective owner's or | 10 |
| operator's prior
experience in waste management operations. | 11 |
| The Agency may deny such a permit
if the prospective owner or | 12 |
| operator or any employee or officer of the
prospective owner or | 13 |
| operator has a history of:
| 14 |
| (1) repeated violations of federal, State, or local | 15 |
| laws, regulations,
standards, or ordinances in the | 16 |
| operation of waste management facilities or
sites; or
| 17 |
| (2) conviction in this or another State of any crime | 18 |
| which is a felony
under the laws of this State, or | 19 |
| conviction of a felony in a federal court; or
| 20 |
| (3) proof of gross carelessness or incompetence in | 21 |
| handling, storing,
processing, transporting or disposing | 22 |
| of waste.
| 23 |
| (j) The issuance under this Act of a permit to engage in | 24 |
| the surface mining
of any resources other than fossil fuels | 25 |
| shall not relieve
the permittee from its duty to comply with | 26 |
| any applicable local law regulating
the commencement, location | 27 |
| or operation of surface mining facilities.
| 28 |
| (k) A development permit issued under subsection (a) of | 29 |
| Section 39 for any
facility or site which is required to have a | 30 |
| permit under subsection (d) of
Section 21 shall expire at the | 31 |
| end of 2 calendar years from the date upon which
it was issued, | 32 |
| unless within that period the applicant has taken action to
| 33 |
| develop the facility or the site. In the event that review of | 34 |
| the
conditions of the development permit is sought pursuant to | 35 |
| Section 40 or
41, or permittee is prevented from commencing | 36 |
| development of the facility
or site by any other litigation |
|
|
|
SB2916 |
- 17 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| beyond the permittee's control, such
two-year period shall be | 2 |
| deemed to begin on the date upon which such review
process or | 3 |
| litigation is concluded.
| 4 |
| (l) No permit shall be issued by the Agency under this Act | 5 |
| for
construction or operation of any facility or site located | 6 |
| within the
boundaries of any setback zone established pursuant | 7 |
| to this Act, where such
construction or operation is | 8 |
| prohibited.
| 9 |
| (m) The Agency may issue permits to persons owning or | 10 |
| operating
a facility for composting landscape waste. In | 11 |
| granting such permits, the Agency
may impose such conditions as | 12 |
| may be necessary to accomplish the purposes of
this Act, and as | 13 |
| are not inconsistent with applicable regulations promulgated
| 14 |
| by the Board. Except as otherwise provided in this Act, a bond | 15 |
| or other
security shall not be required as a condition for the | 16 |
| issuance of a permit. If
the Agency denies any permit pursuant | 17 |
| to this subsection, the Agency shall
transmit to the applicant | 18 |
| within the time limitations of this subsection
specific, | 19 |
| detailed statements as to the reasons the permit application | 20 |
| was
denied. Such statements shall include but not be limited to | 21 |
| the following:
| 22 |
| (1) the Sections of this Act that may be violated if | 23 |
| the permit
were granted;
| 24 |
| (2) the specific regulations promulgated pursuant to | 25 |
| this
Act that may be violated if the permit were granted;
| 26 |
| (3) the specific information, if any, the Agency deems | 27 |
| the
applicant did not provide in its application to the | 28 |
| Agency; and
| 29 |
| (4) a statement of specific reasons why the Act and the | 30 |
| regulations
might be violated if the permit were granted.
| 31 |
| If no final action is taken by the Agency within 90 days | 32 |
| after the filing
of the application for permit, the applicant | 33 |
| may deem the permit issued.
Any applicant for a permit may | 34 |
| waive the 90 day limitation by filing a
written statement with | 35 |
| the Agency.
| 36 |
| The Agency shall issue permits for such facilities upon |
|
|
|
SB2916 |
- 18 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| receipt of an
application that includes a legal description of | 2 |
| the site, a topographic
map of the site drawn to the scale of | 3 |
| 200 feet to the inch or larger, a
description of the operation, | 4 |
| including the area served, an estimate of
the volume of | 5 |
| materials to be processed, and documentation that:
| 6 |
| (1) the facility includes a setback of at
least 200 | 7 |
| feet from the nearest potable water supply well;
| 8 |
| (2) the facility is located outside the boundary
of the | 9 |
| 10-year floodplain or the site will be floodproofed;
| 10 |
| (3) the facility is located so as to minimize
| 11 |
| incompatibility with the character of the surrounding | 12 |
| area, including at
least a 200 foot setback from any | 13 |
| residence, and in the case of a
facility that is developed | 14 |
| or the permitted composting area of which is
expanded after | 15 |
| November 17, 1991, the composting area is located at least | 16 |
| 1/8
mile from the nearest residence (other than a residence | 17 |
| located on the same
property as the facility);
| 18 |
| (4) the design of the facility will prevent any compost | 19 |
| material from
being placed within 5 feet of the water | 20 |
| table, will adequately control runoff
from the site, and | 21 |
| will collect and manage any leachate that is generated on
| 22 |
| the site;
| 23 |
| (5) the operation of the facility will include | 24 |
| appropriate dust
and odor control measures, limitations on | 25 |
| operating hours, appropriate
noise control measures for | 26 |
| shredding, chipping and similar equipment,
management | 27 |
| procedures for composting, containment and disposal of
| 28 |
| non-compostable wastes, procedures to be used for
| 29 |
| terminating operations at the site, and recordkeeping | 30 |
| sufficient to
document the amount of materials received, | 31 |
| composted and otherwise
disposed of; and
| 32 |
| (6) the operation will be conducted in accordance with | 33 |
| any applicable
rules adopted by the Board.
| 34 |
| The Agency shall issue renewable permits of not longer than | 35 |
| 10 years
in duration for the composting of landscape wastes, as | 36 |
| defined in Section
3.155 of this Act, based on the above |
|
|
|
SB2916 |
- 19 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| requirements.
| 2 |
| The operator of any facility permitted under this | 3 |
| subsection (m) must
submit a written annual statement to the | 4 |
| Agency on or before April 1 of
each year that includes an | 5 |
| estimate of the amount of material, in tons,
received for | 6 |
| composting.
| 7 |
| (n) The Agency shall issue permits jointly with the | 8 |
| Department of
Transportation for the dredging or deposit of | 9 |
| material in Lake Michigan in
accordance with Section 18 of the | 10 |
| Rivers, Lakes, and Streams Act.
| 11 |
| (o) (Blank.)
| 12 |
| (p) (1) Any person submitting an application for a permit | 13 |
| for a new MSWLF
unit or for a lateral expansion under | 14 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF | 15 |
| unit that has not received and is not subject to local
siting | 16 |
| approval under Section 39.2 of this Act shall publish notice of | 17 |
| the
application in a newspaper of general circulation in the | 18 |
| county in which the
MSWLF unit is or is proposed to be located. | 19 |
| The notice must be published at
least 15 days before submission | 20 |
| of the permit application to the Agency. The
notice shall state | 21 |
| the name and address of the applicant, the location of the
| 22 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the | 23 |
| MSWLF unit or
proposed MSWLF unit, the nature of the activity | 24 |
| proposed, the probable life of
the proposed activity, the date | 25 |
| the permit application will be submitted, and a
statement that | 26 |
| persons may file written comments with the Agency concerning | 27 |
| the
permit application within 30 days after the filing of the | 28 |
| permit application
unless the time period to submit comments is | 29 |
| extended by the Agency.
| 30 |
| When a permit applicant submits information to the Agency | 31 |
| to supplement a
permit application being reviewed by the | 32 |
| Agency, the applicant shall not be
required to reissue the | 33 |
| notice under this subsection.
| 34 |
| (2) The Agency shall accept written comments concerning the | 35 |
| permit
application that are postmarked no later than 30 days | 36 |
| after the
filing of the permit application, unless the time |
|
|
|
SB2916 |
- 20 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| period to accept comments is
extended by the Agency.
| 2 |
| (3) Each applicant for a permit described in part (1) of | 3 |
| this subsection
shall file a
copy of the permit application | 4 |
| with the county board or governing body of the
municipality in | 5 |
| which the MSWLF unit is or is proposed to be located at the
| 6 |
| same time the application is submitted to the Agency. The | 7 |
| permit application
filed with the county board or governing | 8 |
| body of the municipality shall include
all documents submitted | 9 |
| to or to be submitted to the Agency, except trade
secrets as | 10 |
| determined under Section 7.1 of this Act. The permit | 11 |
| application
and other documents on file with the county board | 12 |
| or governing body of the
municipality shall be made available | 13 |
| for public inspection during regular
business hours at the | 14 |
| office of the county board or the governing body of the
| 15 |
| municipality and may be copied upon payment of the actual cost | 16 |
| of
reproduction. | 17 |
| (q) Upon request by an applicant for any permit sought | 18 |
| under Title X of this Act, the Agency shall provide the | 19 |
| applicant an opportunity to review and comment upon the | 20 |
| proposed draft permit. This opportunity for review and comment | 21 |
| must be made before any required public notice for the permit. | 22 |
| The Agency must consider comments made by the applicant and | 23 |
| may, as the Agency deems necessary, modify the proposed draft | 24 |
| permit. The applicant for the permit must agree to extend any | 25 |
| applicable statutory review period to accommodate the | 26 |
| requested review and comment period. | 27 |
| (r) The Agency shall, to the extent possible and consistent | 28 |
| with applicable State and federal laws, issue general permits | 29 |
| for categories of similar sources and equipment, facilities, | 30 |
| vessels, or aircraft. These permits shall be issued without | 31 |
| individual applications and shall conform to the applicable | 32 |
| requirements for the particular program for which the general | 33 |
| permit applies. | 34 |
| (s) Any permit applicant may elect to contract with a | 35 |
| permitting analyst to perform permit application reviews and | 36 |
| permit drafting on behalf of and under the direction of the |
|
|
|
SB2916 |
- 21 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| Agency concerning the applicable Agency program. | 2 |
| (1) Before entering into the contract with the analyst, | 3 |
| the permit applicant must notify the Agency of the analyst | 4 |
| to be selected. The Agency and the permit applicant shall | 5 |
| enter into a contract covering those essential terms as | 6 |
| defined by the Agency pursuant to Agency rulemaking. | 7 |
| (2) At a minimum, the contract with the analyst must | 8 |
| provide that the analyst shall submit any draft permits, | 9 |
| analyses, reports, or other associated work product | 10 |
| directly to the Agency, shall take his or her directions | 11 |
| for work assignments from the Agency, and shall perform the | 12 |
| assigned work on behalf of the Agency. | 13 |
| (3) Reasonable costs incurred by the Agency must be | 14 |
| paid by the permit applicant directly to the Agency in | 15 |
| accordance with the terms of the contract entered into | 16 |
| under item (1). | 17 |
| (4) In no event shall the analyst acting on behalf of | 18 |
| the Agency be an employee of the permit applicant or the | 19 |
| owner or operator of the facility or source or be an | 20 |
| employee of any other person the permit applicant has | 21 |
| contracted to provide services relative to the facility or | 22 |
| site. | 23 |
| (5) All permit application reviews and permit drafting | 24 |
| performed by the analyst shall be carried out in | 25 |
| conformance with the requirements of the applicable Agency | 26 |
| program. | 27 |
| (6) Only the Agency shall have the authority to | 28 |
| approve, disapprove, or approve with conditions a permit as | 29 |
| a result of the permit application review and permit | 30 |
| drafting performed by the analyst. Upon approving, | 31 |
| disapproving, or approving with conditions a permit, the | 32 |
| Agency shall notify the permit applicant in writing of its | 33 |
| decision. If the Agency disapproves a permit or approves a | 34 |
| permit with conditions, the Agency must provide the permit | 35 |
| applicant with a written explanation of the violations of | 36 |
| the Act that would be caused if the permit were approved. |
|
|
|
SB2916 |
- 22 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| (7) All reviews undertaken by the Agency of the work | 2 |
| product developed by the analyst shall be completed and the | 3 |
| decisions communicated to the permit applicant within 60 | 4 |
| days after the request for review or approval. The permit | 5 |
| applicant may waive the deadline upon a request from the | 6 |
| Agency. If the Agency disapproves or approves with | 7 |
| conditions a permit or fails to issue a final decision | 8 |
| within the 60-day period and the permit applicant has not | 9 |
| agreed to a waiver of the deadline, the permit applicant | 10 |
| may, within 35 days, file an appeal to the Board. Appeals | 11 |
| to the Board shall be in the manner provided for the review | 12 |
| of permit decisions in Section 40 of this Act. | 13 |
| (t) An applicant for any permit sought under Title X of | 14 |
| this Act may request from the Agency an expedited review of | 15 |
| that permit application. Within a reasonable time, the Agency | 16 |
| shall respond in writing, indicating its approval or | 17 |
| disapproval of the request for expedited review. The applicant | 18 |
| for any approved expedited review shall pay to the Agency all | 19 |
| reasonable costs incurred by the Agency in its review of the | 20 |
| permit application. Prior to any Agency review, the applicant | 21 |
| shall make an advance partial payment to the Agency for | 22 |
| anticipated review costs in an amount requested by the Agency, | 23 |
| but not to exceed $5,000 or one-half of the total anticipated | 24 |
| costs of the Agency, whichever is less. All amounts paid to the | 25 |
| Agency under this Section shall be deposited into the | 26 |
| Environmental Protection Permit and Inspection Fund. The | 27 |
| Agency may cease its expedited review under this Section if an | 28 |
| applicant fails to pay the Agency's review costs when due. An | 29 |
| applicant for any approved expedited review may withdraw the | 30 |
| request for expedited review at any time by providing the | 31 |
| Agency with written notification of its withdrawal; however, | 32 |
| the applicant shall be responsible to pay all expedited review | 33 |
| costs incurred by the Agency through the date of receipt of the | 34 |
| written notification of withdrawal.
| 35 |
| (Source: P.A. 92-574, eff. 6-26-02; 93-575, eff. 1-1-04.)
|
|
|
|
SB2916 |
- 23 - |
LRB093 18643 BDD 44369 b |
|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
|
|