Full Text of SB2285 94th General Assembly
SB2285eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Sections 39 and 39.2 as follows:
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| (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
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| (Text of Section before amendment by P.A. 94-725 )
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| Sec. 39. Issuance of permits; procedures.
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| (a) When the Board has by regulation required a permit for
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| the construction, installation, or operation of any type of | 11 |
| facility,
equipment, vehicle, vessel, or aircraft, the | 12 |
| applicant shall apply to
the Agency for such permit and it | 13 |
| shall be the duty of the Agency to
issue such a permit upon | 14 |
| proof by the applicant that the facility,
equipment, vehicle, | 15 |
| vessel, or aircraft will not cause a violation of
this Act or | 16 |
| of regulations hereunder. The Agency shall adopt such
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| procedures as are necessary to carry out its duties under this | 18 |
| Section.
In making its determinations on permit applications | 19 |
| under this Section the Agency may consider prior adjudications | 20 |
| of
noncompliance with this Act by the applicant that involved a | 21 |
| release of a
contaminant into the environment. In granting | 22 |
| permits, the Agency
may impose reasonable conditions | 23 |
| specifically related to the applicant's past
compliance | 24 |
| history with this Act as necessary to correct, detect, or
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| prevent noncompliance. The Agency may impose such other | 26 |
| conditions
as may be necessary to accomplish the purposes of | 27 |
| this Act, and as are not
inconsistent with the regulations | 28 |
| promulgated by the Board hereunder. Except as
otherwise | 29 |
| provided in this Act, a bond or other security shall not be | 30 |
| required
as a condition for the issuance of a permit. If the | 31 |
| Agency denies any permit
under this Section, the Agency shall | 32 |
| transmit to the applicant within the time
limitations of this |
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| Section specific, detailed statements as to the reasons the
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| permit application was denied. Such statements shall include, | 3 |
| but not be
limited to the following:
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| (i) the Sections of this Act which may be violated if | 5 |
| the permit
were granted;
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| (ii) the provision of the regulations, promulgated | 7 |
| under this Act,
which may be violated if the permit were | 8 |
| granted;
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| (iii) the specific type of information, if any, which | 10 |
| the Agency
deems the applicant did not provide the Agency; | 11 |
| and
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| (iv) a statement of specific reasons why the Act and | 13 |
| the regulations
might not be met if the permit were | 14 |
| granted.
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| If there is no final action by the Agency within 90 days | 16 |
| after the
filing of the application for permit, the applicant | 17 |
| may deem the permit
issued; except that this time period shall | 18 |
| be extended to 180 days when
(1) notice and opportunity for | 19 |
| public hearing are required by State or
federal law or | 20 |
| regulation, (2) the application which was filed is for
any | 21 |
| permit to develop a landfill subject to issuance pursuant to | 22 |
| this
subsection, or (3) the application that was filed is for a | 23 |
| MSWLF unit
required to issue public notice under subsection (p) | 24 |
| of Section 39. The
90-day and 180-day time periods for the | 25 |
| Agency to take final action do not
apply to NPDES permit | 26 |
| applications under subsection (b) of this Section,
to RCRA | 27 |
| permit applications under subsection (d) of this Section, or
to | 28 |
| UIC permit applications under subsection (e) of this Section.
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| The Agency shall publish notice of all final permit | 30 |
| determinations for
development permits for MSWLF units and for | 31 |
| significant permit modifications
for lateral expansions for | 32 |
| existing MSWLF units one time in a newspaper of
general | 33 |
| circulation in the county in which the unit is or is proposed | 34 |
| to be
located.
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| After January 1, 1994 and until July 1, 1998, operating | 36 |
| permits issued under
this Section by the
Agency for sources of |
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| air pollution permitted to emit less than 25 tons
per year of | 2 |
| any combination of regulated air pollutants, as defined in
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| Section 39.5 of this Act, shall be required to be renewed only | 4 |
| upon written
request by the Agency consistent with applicable | 5 |
| provisions of this Act and
regulations promulgated hereunder. | 6 |
| Such operating permits shall expire
180 days after the date of | 7 |
| such a request. The Board shall revise its
regulations for the | 8 |
| existing State air pollution operating permit program
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| consistent with this provision by January 1, 1994.
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| After June 30, 1998, operating permits issued under this | 11 |
| Section by the
Agency for sources of air pollution that are not | 12 |
| subject to Section 39.5 of
this Act and are not required to | 13 |
| have a federally enforceable State operating
permit shall be | 14 |
| required to be renewed only upon written request by the Agency
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| consistent with applicable provisions of this Act and its | 16 |
| rules. Such
operating permits shall expire 180 days after the | 17 |
| date of such a request.
Before July 1, 1998, the Board shall | 18 |
| revise its rules for the existing State
air pollution operating | 19 |
| permit program consistent with this paragraph and shall
adopt | 20 |
| rules that require a source to demonstrate that it qualifies | 21 |
| for a permit
under this paragraph.
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| (b) The Agency may issue NPDES permits exclusively under | 23 |
| this
subsection for the discharge of contaminants from point | 24 |
| sources into
navigable waters, all as defined in the Federal | 25 |
| Water Pollution Control
Act, as now or hereafter amended, | 26 |
| within the jurisdiction of the
State, or into any well.
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| All NPDES permits shall contain those terms and conditions, | 28 |
| including
but not limited to schedules of compliance, which may | 29 |
| be required to
accomplish the purposes and provisions of this | 30 |
| Act.
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| The Agency may issue general NPDES permits for discharges | 32 |
| from categories
of point sources which are subject to the same | 33 |
| permit limitations and
conditions. Such general permits may be | 34 |
| issued without individual
applications and shall conform to | 35 |
| regulations promulgated under Section 402
of the Federal Water | 36 |
| Pollution Control Act, as now or hereafter amended.
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| The Agency may include, among such conditions, effluent | 2 |
| limitations
and other requirements established under this Act, | 3 |
| Board regulations,
the Federal Water Pollution Control Act, as | 4 |
| now or hereafter amended, and
regulations pursuant thereto, and | 5 |
| schedules for achieving compliance
therewith at the earliest | 6 |
| reasonable date.
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| The Agency shall adopt filing requirements and procedures | 8 |
| which are
necessary and appropriate for the issuance of NPDES | 9 |
| permits, and which
are consistent with the Act or regulations | 10 |
| adopted by the Board, and
with the Federal Water Pollution | 11 |
| Control Act, as now or hereafter
amended, and regulations | 12 |
| pursuant thereto.
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| The Agency, subject to any conditions which may be | 14 |
| prescribed by
Board regulations, may issue NPDES permits to | 15 |
| allow discharges beyond
deadlines established by this Act or by | 16 |
| regulations of the Board without
the requirement of a variance, | 17 |
| subject to the Federal Water Pollution
Control Act, as now or | 18 |
| hereafter amended, and regulations pursuant thereto.
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| (c) Except for those facilities owned or operated by | 20 |
| sanitary districts
organized under the Metropolitan Water | 21 |
| Reclamation District Act, no
permit for the development or | 22 |
| construction of a new pollution control
facility may be granted | 23 |
| by the Agency unless the applicant submits proof to the
Agency | 24 |
| that the location of the facility has been approved by the | 25 |
| County Board
of the county if in an unincorporated area, or the | 26 |
| governing body of the
municipality when in an incorporated | 27 |
| area, in which the facility is to be
located in accordance with | 28 |
| Section 39.2 of this Act. For purposes of this subsection (c), | 29 |
| and for purposes of Section 39.2 of this Act, the appropriate | 30 |
| county board or governing body of the municipality shall be the | 31 |
| county board of the county or the governing body of the | 32 |
| municipality in which the facility is to be located as of the | 33 |
| date when the application for siting approval is filed.
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| In the event that siting approval granted pursuant to | 35 |
| Section 39.2 has
been transferred to a subsequent owner or | 36 |
| operator, that subsequent owner or
operator may apply to the |
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| Agency for, and the Agency may grant, a development
or | 2 |
| construction permit for the facility for which local siting | 3 |
| approval was
granted. Upon application to the Agency for a | 4 |
| development or
construction permit by that subsequent owner or | 5 |
| operator,
the permit applicant shall cause written notice of | 6 |
| the permit application
to be served upon the appropriate county | 7 |
| board or governing body of the
municipality that granted siting | 8 |
| approval for that facility and upon any party
to the siting | 9 |
| proceeding pursuant to which siting approval was granted. In
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| that event, the Agency shall conduct an evaluation of the | 11 |
| subsequent owner or
operator's prior experience in waste | 12 |
| management operations in the manner
conducted under subsection | 13 |
| (i) of Section 39 of this Act.
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| Beginning August 20, 1993, if the pollution control | 15 |
| facility consists of a
hazardous or solid waste disposal | 16 |
| facility for which the proposed site is
located in an | 17 |
| unincorporated area of a county with a population of less than
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| 100,000 and includes all or a portion of a parcel of land that | 19 |
| was, on April 1,
1993, adjacent to a municipality having a | 20 |
| population of less than 5,000, then
the local siting review | 21 |
| required under this subsection (c) in conjunction with
any | 22 |
| permit applied for after that date shall be performed by the | 23 |
| governing body
of that adjacent municipality rather than the | 24 |
| county board of the county in
which the proposed site is | 25 |
| located; and for the purposes of that local siting
review, any | 26 |
| references in this Act to the county board shall be deemed to | 27 |
| mean
the governing body of that adjacent municipality; | 28 |
| provided, however, that the
provisions of this paragraph shall | 29 |
| not apply to any proposed site which was, on
April 1, 1993, | 30 |
| owned in whole or in part by another municipality.
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| In the case of a pollution control facility for which a
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| development permit was issued before November 12, 1981, if an | 33 |
| operating
permit has not been issued by the Agency prior to | 34 |
| August 31, 1989 for
any portion of the facility, then the | 35 |
| Agency may not issue or renew any
development permit nor issue | 36 |
| an original operating permit for any portion of
such facility |
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| unless the applicant has submitted proof to the Agency that the
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| location of the facility has been approved by the appropriate | 3 |
| county board or
municipal governing body pursuant to Section | 4 |
| 39.2 of this Act.
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| After January 1, 1994, if a solid waste
disposal facility, | 6 |
| any portion for which an operating permit has been issued by
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| the Agency, has not accepted waste disposal for 5 or more | 8 |
| consecutive calendars
years, before that facility may accept | 9 |
| any new or additional waste for
disposal, the owner and | 10 |
| operator must obtain a new operating permit under this
Act for | 11 |
| that facility unless the owner and operator have applied to the | 12 |
| Agency
for a permit authorizing the temporary suspension of | 13 |
| waste acceptance. The
Agency may not issue a new operation | 14 |
| permit under this Act for the facility
unless the applicant has | 15 |
| submitted proof to the Agency that the location of the
facility | 16 |
| has been approved or re-approved by the appropriate county | 17 |
| board or
municipal governing body under Section 39.2 of this | 18 |
| Act after the facility
ceased accepting waste.
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| Except for those facilities owned or operated by sanitary | 20 |
| districts
organized under the Metropolitan Water Reclamation | 21 |
| District Act, and
except for new pollution control facilities | 22 |
| governed by Section 39.2,
and except for fossil fuel mining | 23 |
| facilities, the granting of a permit under
this Act shall not | 24 |
| relieve the applicant from meeting and securing all
necessary | 25 |
| zoning approvals from the unit of government having zoning
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| jurisdiction over the proposed facility.
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| Before beginning construction on any new sewage treatment | 28 |
| plant or sludge
drying site to be owned or operated by a | 29 |
| sanitary district organized under
the Metropolitan Water | 30 |
| Reclamation District Act for which a new
permit (rather than | 31 |
| the renewal or amendment of an existing permit) is
required, | 32 |
| such sanitary district shall hold a public hearing within the
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| municipality within which the proposed facility is to be | 34 |
| located, or within the
nearest community if the proposed | 35 |
| facility is to be located within an
unincorporated area, at | 36 |
| which information concerning the proposed facility
shall be |
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| made available to the public, and members of the public shall | 2 |
| be given
the opportunity to express their views concerning the | 3 |
| proposed facility.
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| The Agency may issue a permit for a municipal waste | 5 |
| transfer station
without requiring approval pursuant to | 6 |
| Section 39.2 provided that the following
demonstration is made:
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| (1) the municipal waste transfer station was in | 8 |
| existence on or before
January 1, 1979 and was in | 9 |
| continuous operation from January 1, 1979 to January
1, | 10 |
| 1993;
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| (2) the operator submitted a permit application to the | 12 |
| Agency to develop
and operate the municipal waste transfer | 13 |
| station during April of 1994;
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| (3) the operator can demonstrate that the county board | 15 |
| of the county, if
the municipal waste transfer station is | 16 |
| in an unincorporated area, or the
governing body of the | 17 |
| municipality, if the station is in an incorporated area,
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| does not object to resumption of the operation of the | 19 |
| station; and
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| (4) the site has local zoning approval.
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| (d) The Agency may issue RCRA permits exclusively under | 22 |
| this
subsection to persons owning or operating a facility for | 23 |
| the treatment,
storage, or disposal of hazardous waste as | 24 |
| defined under this Act.
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| All RCRA permits shall contain those terms and conditions, | 26 |
| including but
not limited to schedules of compliance, which may | 27 |
| be required to accomplish
the purposes and provisions of this | 28 |
| Act. The Agency may include among such
conditions standards and | 29 |
| other requirements established under this Act,
Board | 30 |
| regulations, the Resource Conservation and Recovery Act of 1976 | 31 |
| (P.L.
94-580), as amended, and regulations pursuant thereto, | 32 |
| and may include
schedules for achieving compliance therewith as | 33 |
| soon as possible. The
Agency shall require that a performance | 34 |
| bond or other security be provided
as a condition for the | 35 |
| issuance of a RCRA permit.
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| In the case of a permit to operate a hazardous waste or PCB |
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| incinerator
as defined in subsection (k) of Section 44, the | 2 |
| Agency shall require, as a
condition of the permit, that the | 3 |
| operator of the facility perform such
analyses of the waste to | 4 |
| be incinerated as may be necessary and appropriate
to ensure | 5 |
| the safe operation of the incinerator.
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| The Agency shall adopt filing requirements and procedures | 7 |
| which
are necessary and appropriate for the issuance of RCRA | 8 |
| permits, and which
are consistent with the Act or regulations | 9 |
| adopted by the Board, and with
the Resource Conservation and | 10 |
| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 11 |
| pursuant thereto.
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| The applicant shall make available to the public for | 13 |
| inspection all
documents submitted by the applicant to the | 14 |
| Agency in furtherance
of an application, with the exception of | 15 |
| trade secrets, at the office of
the county board or governing | 16 |
| body of the municipality. Such documents
may be copied upon | 17 |
| payment of the actual cost of reproduction during regular
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| business hours of the local office. The Agency shall issue a | 19 |
| written statement
concurrent with its grant or denial of the | 20 |
| permit explaining the basis for its
decision.
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| (e) The Agency may issue UIC permits exclusively under this
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| subsection to persons owning or operating a facility for the | 23 |
| underground
injection of contaminants as defined under this | 24 |
| Act.
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| All UIC permits shall contain those terms and conditions, | 26 |
| including but
not limited to schedules of compliance, which may | 27 |
| be required to accomplish
the purposes and provisions of this | 28 |
| Act. The Agency may include among such
conditions standards and | 29 |
| other requirements established under this Act,
Board | 30 |
| regulations, the Safe Drinking Water Act (P.L. 93-523), as | 31 |
| amended,
and regulations pursuant thereto, and may include | 32 |
| schedules for achieving
compliance therewith. The Agency shall | 33 |
| require that a performance bond or
other security be provided | 34 |
| as a condition for the issuance of a UIC permit.
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| The Agency shall adopt filing requirements and procedures | 36 |
| which
are necessary and appropriate for the issuance of UIC |
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| permits, and which
are consistent with the Act or regulations | 2 |
| adopted by the Board, and with
the Safe Drinking Water Act | 3 |
| (P.L. 93-523), as amended, and regulations
pursuant thereto.
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| The applicant shall make available to the public for | 5 |
| inspection, all
documents submitted by the applicant to the | 6 |
| Agency in furtherance of an
application, with the exception of | 7 |
| trade secrets, at the office of the county
board or governing | 8 |
| body of the municipality. Such documents may be copied upon
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| payment of the actual cost of reproduction during regular | 10 |
| business hours of the
local office. The Agency shall issue a | 11 |
| written statement concurrent with its
grant or denial of the | 12 |
| permit explaining the basis for its decision.
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| (f) In making any determination pursuant to Section 9.1 of | 14 |
| this Act:
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| (1) The Agency shall have authority to make the | 16 |
| determination of any
question required to be determined by | 17 |
| the Clean Air Act, as now or
hereafter amended, this Act, | 18 |
| or the regulations of the Board, including the
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| determination of the Lowest Achievable Emission Rate, | 20 |
| Maximum Achievable
Control Technology, or Best Available | 21 |
| Control Technology, consistent with the
Board's | 22 |
| regulations, if any.
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| (2) The Agency shall, after conferring with the | 24 |
| applicant, give written
notice to the applicant of its | 25 |
| proposed decision on the application including
the terms | 26 |
| and conditions of the permit to be issued and the facts, | 27 |
| conduct
or other basis upon which the Agency will rely to | 28 |
| support its proposed action.
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| (3) Following such notice, the Agency shall give the | 30 |
| applicant an
opportunity for a hearing in accordance with | 31 |
| the provisions of Sections
10-25 through 10-60 of the | 32 |
| Illinois Administrative Procedure Act.
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| (g) The Agency shall include as conditions upon all permits | 34 |
| issued for
hazardous waste disposal sites such restrictions | 35 |
| upon the future use
of such sites as are reasonably necessary | 36 |
| to protect public health and
the environment, including |
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| permanent prohibition of the use of such
sites for purposes | 2 |
| which may create an unreasonable risk of injury to human
health | 3 |
| or to the environment. After administrative and judicial | 4 |
| challenges
to such restrictions have been exhausted, the Agency | 5 |
| shall file such
restrictions of record in the Office of the | 6 |
| Recorder of the county in which
the hazardous waste disposal | 7 |
| site is located.
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| (h) A hazardous waste stream may not be deposited in a | 9 |
| permitted hazardous
waste site unless specific authorization | 10 |
| is obtained from the Agency by the
generator and disposal site | 11 |
| owner and operator for the deposit of that specific
hazardous | 12 |
| waste stream. The Agency may grant specific authorization for
| 13 |
| disposal of hazardous waste streams only after the generator | 14 |
| has reasonably
demonstrated that, considering
technological | 15 |
| feasibility and economic reasonableness, the hazardous waste
| 16 |
| cannot be reasonably recycled for reuse, nor incinerated or | 17 |
| chemically,
physically or biologically treated so as to | 18 |
| neutralize the hazardous waste
and render it nonhazardous. In | 19 |
| granting authorization under this Section,
the Agency may | 20 |
| impose such conditions as may be necessary to accomplish
the | 21 |
| purposes of the Act and are consistent with this Act and | 22 |
| regulations
promulgated by the Board hereunder. If the Agency | 23 |
| refuses to grant
authorization under this Section, the | 24 |
| applicant may appeal as if the Agency
refused to grant a | 25 |
| permit, pursuant to the provisions of subsection (a) of
Section | 26 |
| 40 of this Act. For purposes of this subsection (h), the term
| 27 |
| "generator" has the meaning given in Section 3.205 of this Act,
| 28 |
| unless: (1) the hazardous waste is treated, incinerated, or | 29 |
| partially recycled
for reuse prior to disposal, in which case | 30 |
| the last person who treats,
incinerates, or partially recycles | 31 |
| the hazardous waste prior to disposal is the
generator; or (2) | 32 |
| the hazardous waste is from a response action, in which case
| 33 |
| the person performing the response action is the generator. | 34 |
| This subsection
(h) does not apply to any hazardous waste that | 35 |
| is restricted from land disposal
under 35 Ill. Adm. Code 728.
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| (i) Before issuing any RCRA permit, any permit for a waste |
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| storage site,
sanitary landfill, waste disposal site, waste | 2 |
| transfer station, waste treatment
facility, waste incinerator, | 3 |
| or any waste-transportation operation, or any permit for a | 4 |
| clean construction or demolition debris fill operation, the | 5 |
| Agency
shall conduct an evaluation of the prospective owner's | 6 |
| or operator's prior
experience in waste management operations. | 7 |
| The Agency may deny such a permit
if the prospective owner or | 8 |
| operator or any employee or officer of the
prospective owner or | 9 |
| operator has a history of:
| 10 |
| (1) repeated violations of federal, State, or local | 11 |
| laws, regulations,
standards, or ordinances in the | 12 |
| operation of waste management facilities or
sites; or
| 13 |
| (2) conviction in this or another State of any crime | 14 |
| which is a felony
under the laws of this State, or | 15 |
| conviction of a felony in a federal court; or
| 16 |
| (3) proof of gross carelessness or incompetence in | 17 |
| handling, storing,
processing, transporting or disposing | 18 |
| of waste.
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| (i-5) Before issuing any permit or approving any interim | 20 |
| authorization for a clean construction or demolition debris | 21 |
| fill operation in which any ownership interest is transferred | 22 |
| between January 1, 2005, and the effective date of the | 23 |
| prohibition set forth in Section 22.52 of this Act, the Agency | 24 |
| shall conduct an evaluation of the operation if any previous | 25 |
| activities at the site or facility may have caused or allowed | 26 |
| contamination of the site. It shall be the responsibility of | 27 |
| the owner or operator seeking the permit or interim | 28 |
| authorization to provide to the Agency all of the information | 29 |
| necessary for the Agency to conduct its evaluation. The Agency | 30 |
| may deny a permit or interim authorization if previous | 31 |
| activities at the site may have caused or allowed contamination | 32 |
| at the site, unless such contamination is authorized under any | 33 |
| permit issued by the Agency.
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| (j) The issuance under this Act of a permit to engage in | 35 |
| the surface mining
of any resources other than fossil fuels | 36 |
| shall not relieve
the permittee from its duty to comply with |
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| any applicable local law regulating
the commencement, location | 2 |
| or operation of surface mining facilities.
| 3 |
| (k) A development permit issued under subsection (a) of | 4 |
| Section 39 for any
facility or site which is required to have a | 5 |
| permit under subsection (d) of
Section 21 shall expire at the | 6 |
| end of 2 calendar years from the date upon which
it was issued, | 7 |
| unless within that period the applicant has taken action to
| 8 |
| develop the facility or the site. In the event that review of | 9 |
| the
conditions of the development permit is sought pursuant to | 10 |
| Section 40 or
41, or permittee is prevented from commencing | 11 |
| development of the facility
or site by any other litigation | 12 |
| beyond the permittee's control, such
two-year period shall be | 13 |
| deemed to begin on the date upon which such review
process or | 14 |
| litigation is concluded.
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| (l) No permit shall be issued by the Agency under this Act | 16 |
| for
construction or operation of any facility or site located | 17 |
| within the
boundaries of any setback zone established pursuant | 18 |
| to this Act, where such
construction or operation is | 19 |
| prohibited.
| 20 |
| (m) The Agency may issue permits to persons owning or | 21 |
| operating
a facility for composting landscape waste. In | 22 |
| granting such permits, the Agency
may impose such conditions as | 23 |
| may be necessary to accomplish the purposes of
this Act, and as | 24 |
| are not inconsistent with applicable regulations promulgated
| 25 |
| by the Board. Except as otherwise provided in this Act, a bond | 26 |
| or other
security shall not be required as a condition for the | 27 |
| issuance of a permit. If
the Agency denies any permit pursuant | 28 |
| to this subsection, the Agency shall
transmit to the applicant | 29 |
| within the time limitations of this subsection
specific, | 30 |
| detailed statements as to the reasons the permit application | 31 |
| was
denied. Such statements shall include but not be limited to | 32 |
| the following:
| 33 |
| (1) the Sections of this Act that may be violated if | 34 |
| the permit
were granted;
| 35 |
| (2) the specific regulations promulgated pursuant to | 36 |
| this
Act that may be violated if the permit were granted;
|
|
|
|
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LRB094 15461 RSP 50656 b |
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| 1 |
| (3) the specific information, if any, the Agency deems | 2 |
| the
applicant did not provide in its application to the | 3 |
| Agency; and
| 4 |
| (4) a statement of specific reasons why the Act and the | 5 |
| regulations
might be violated if the permit were granted.
| 6 |
| If no final action is taken by the Agency within 90 days | 7 |
| after the filing
of the application for permit, the applicant | 8 |
| may deem the permit issued.
Any applicant for a permit may | 9 |
| waive the 90 day limitation by filing a
written statement with | 10 |
| the Agency.
| 11 |
| The Agency shall issue permits for such facilities upon | 12 |
| receipt of an
application that includes a legal description of | 13 |
| the site, a topographic
map of the site drawn to the scale of | 14 |
| 200 feet to the inch or larger, a
description of the operation, | 15 |
| including the area served, an estimate of
the volume of | 16 |
| materials to be processed, and documentation that:
| 17 |
| (1) the facility includes a setback of at
least 200 | 18 |
| feet from the nearest potable water supply well;
| 19 |
| (2) the facility is located outside the boundary
of the | 20 |
| 10-year floodplain or the site will be floodproofed;
| 21 |
| (3) the facility is located so as to minimize
| 22 |
| incompatibility with the character of the surrounding | 23 |
| area, including at
least a 200 foot setback from any | 24 |
| residence, and in the case of a
facility that is developed | 25 |
| or the permitted composting area of which is
expanded after | 26 |
| November 17, 1991, the composting area is located at least | 27 |
| 1/8
mile from the nearest residence (other than a residence | 28 |
| located on the same
property as the facility);
| 29 |
| (4) the design of the facility will prevent any compost | 30 |
| material from
being placed within 5 feet of the water | 31 |
| table, will adequately control runoff
from the site, and | 32 |
| will collect and manage any leachate that is generated on
| 33 |
| the site;
| 34 |
| (5) the operation of the facility will include | 35 |
| appropriate dust
and odor control measures, limitations on | 36 |
| operating hours, appropriate
noise control measures for |
|
|
|
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LRB094 15461 RSP 50656 b |
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| 1 |
| shredding, chipping and similar equipment,
management | 2 |
| procedures for composting, containment and disposal of
| 3 |
| non-compostable wastes, procedures to be used for
| 4 |
| terminating operations at the site, and recordkeeping | 5 |
| sufficient to
document the amount of materials received, | 6 |
| composted and otherwise
disposed of; and
| 7 |
| (6) the operation will be conducted in accordance with | 8 |
| any applicable
rules adopted by the Board.
| 9 |
| The Agency shall issue renewable permits of not longer than | 10 |
| 10 years
in duration for the composting of landscape wastes, as | 11 |
| defined in Section
3.155 of this Act, based on the above | 12 |
| requirements.
| 13 |
| The operator of any facility permitted under this | 14 |
| subsection (m) must
submit a written annual statement to the | 15 |
| Agency on or before April 1 of
each year that includes an | 16 |
| estimate of the amount of material, in tons,
received for | 17 |
| composting.
| 18 |
| (n) The Agency shall issue permits jointly with the | 19 |
| Department of
Transportation for the dredging or deposit of | 20 |
| material in Lake Michigan in
accordance with Section 18 of the | 21 |
| Rivers, Lakes, and Streams Act.
| 22 |
| (o) (Blank.)
| 23 |
| (p) (1) Any person submitting an application for a permit | 24 |
| for a new MSWLF
unit or for a lateral expansion under | 25 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF | 26 |
| unit that has not received and is not subject to local
siting | 27 |
| approval under Section 39.2 of this Act shall publish notice of | 28 |
| the
application in a newspaper of general circulation in the | 29 |
| county in which the
MSWLF unit is or is proposed to be located. | 30 |
| The notice must be published at
least 15 days before submission | 31 |
| of the permit application to the Agency. The
notice shall state | 32 |
| the name and address of the applicant, the location of the
| 33 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the | 34 |
| MSWLF unit or
proposed MSWLF unit, the nature of the activity | 35 |
| proposed, the probable life of
the proposed activity, the date | 36 |
| the permit application will be submitted, and a
statement that |
|
|
|
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LRB094 15461 RSP 50656 b |
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| 1 |
| persons may file written comments with the Agency concerning | 2 |
| the
permit application within 30 days after the filing of the | 3 |
| permit application
unless the time period to submit comments is | 4 |
| extended by the Agency.
| 5 |
| When a permit applicant submits information to the Agency | 6 |
| to supplement a
permit application being reviewed by the | 7 |
| Agency, the applicant shall not be
required to reissue the | 8 |
| notice under this subsection.
| 9 |
| (2) The Agency shall accept written comments concerning the | 10 |
| permit
application that are postmarked no later than 30 days | 11 |
| after the
filing of the permit application, unless the time | 12 |
| period to accept comments is
extended by the Agency.
| 13 |
| (3) Each applicant for a permit described in part (1) of | 14 |
| this subsection
shall file a
copy of the permit application | 15 |
| with the county board or governing body of the
municipality in | 16 |
| which the MSWLF unit is or is proposed to be located at the
| 17 |
| same time the application is submitted to the Agency. The | 18 |
| permit application
filed with the county board or governing | 19 |
| body of the municipality shall include
all documents submitted | 20 |
| to or to be submitted to the Agency, except trade
secrets as | 21 |
| determined under Section 7.1 of this Act. The permit | 22 |
| application
and other documents on file with the county board | 23 |
| or governing body of the
municipality shall be made available | 24 |
| for public inspection during regular
business hours at the | 25 |
| office of the county board or the governing body of the
| 26 |
| municipality and may be copied upon payment of the actual cost | 27 |
| of
reproduction.
| 28 |
| (Source: P.A. 93-575, eff. 1-1-04; 94-272, eff. 7-19-05.)
| 29 |
| (Text of Section after amendment by P.A. 94-725 )
| 30 |
| Sec. 39. Issuance of permits; procedures.
| 31 |
| (a) When the Board has by regulation required a permit for
| 32 |
| the construction, installation, or operation of any type of | 33 |
| facility,
equipment, vehicle, vessel, or aircraft, the | 34 |
| applicant shall apply to
the Agency for such permit and it | 35 |
| shall be the duty of the Agency to
issue such a permit upon |
|
|
|
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LRB094 15461 RSP 50656 b |
|
| 1 |
| proof by the applicant that the facility,
equipment, vehicle, | 2 |
| vessel, or aircraft will not cause a violation of
this Act or | 3 |
| of regulations hereunder. The Agency shall adopt such
| 4 |
| procedures as are necessary to carry out its duties under this | 5 |
| Section.
In making its determinations on permit applications | 6 |
| under this Section the Agency may consider prior adjudications | 7 |
| of
noncompliance with this Act by the applicant that involved a | 8 |
| release of a
contaminant into the environment. In granting | 9 |
| permits, the Agency
may impose reasonable conditions | 10 |
| specifically related to the applicant's past
compliance | 11 |
| history with this Act as necessary to correct, detect, or
| 12 |
| prevent noncompliance. The Agency may impose such other | 13 |
| conditions
as may be necessary to accomplish the purposes of | 14 |
| this Act, and as are not
inconsistent with the regulations | 15 |
| promulgated by the Board hereunder. Except as
otherwise | 16 |
| provided in this Act, a bond or other security shall not be | 17 |
| required
as a condition for the issuance of a permit. If the | 18 |
| Agency denies any permit
under this Section, the Agency shall | 19 |
| transmit to the applicant within the time
limitations of this | 20 |
| Section specific, detailed statements as to the reasons the
| 21 |
| permit application was denied. Such statements shall include, | 22 |
| but not be
limited to the following:
| 23 |
| (i) the Sections of this Act which may be violated if | 24 |
| the permit
were granted;
| 25 |
| (ii) the provision of the regulations, promulgated | 26 |
| under this Act,
which may be violated if the permit were | 27 |
| granted;
| 28 |
| (iii) the specific type of information, if any, which | 29 |
| the Agency
deems the applicant did not provide the Agency; | 30 |
| and
| 31 |
| (iv) a statement of specific reasons why the Act and | 32 |
| the regulations
might not be met if the permit were | 33 |
| granted.
| 34 |
| If there is no final action by the Agency within 90 days | 35 |
| after the
filing of the application for permit, the applicant | 36 |
| may deem the permit
issued; except that this time period shall |
|
|
|
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LRB094 15461 RSP 50656 b |
|
| 1 |
| be extended to 180 days when
(1) notice and opportunity for | 2 |
| public hearing are required by State or
federal law or | 3 |
| regulation, (2) the application which was filed is for
any | 4 |
| permit to develop a landfill subject to issuance pursuant to | 5 |
| this
subsection, or (3) the application that was filed is for a | 6 |
| MSWLF unit
required to issue public notice under subsection (p) | 7 |
| of Section 39. The
90-day and 180-day time periods for the | 8 |
| Agency to take final action do not
apply to NPDES permit | 9 |
| applications under subsection (b) of this Section,
to RCRA | 10 |
| permit applications under subsection (d) of this Section, or
to | 11 |
| UIC permit applications under subsection (e) of this Section.
| 12 |
| The Agency shall publish notice of all final permit | 13 |
| determinations for
development permits for MSWLF units and for | 14 |
| significant permit modifications
for lateral expansions for | 15 |
| existing MSWLF units one time in a newspaper of
general | 16 |
| circulation in the county in which the unit is or is proposed | 17 |
| to be
located.
| 18 |
| After January 1, 1994 and until July 1, 1998, operating | 19 |
| permits issued under
this Section by the
Agency for sources of | 20 |
| air pollution permitted to emit less than 25 tons
per year of | 21 |
| any combination of regulated air pollutants, as defined in
| 22 |
| Section 39.5 of this Act, shall be required to be renewed only | 23 |
| upon written
request by the Agency consistent with applicable | 24 |
| provisions of this Act and
regulations promulgated hereunder. | 25 |
| Such operating permits shall expire
180 days after the date of | 26 |
| such a request. The Board shall revise its
regulations for the | 27 |
| existing State air pollution operating permit program
| 28 |
| consistent with this provision by January 1, 1994.
| 29 |
| After June 30, 1998, operating permits issued under this | 30 |
| Section by the
Agency for sources of air pollution that are not | 31 |
| subject to Section 39.5 of
this Act and are not required to | 32 |
| have a federally enforceable State operating
permit shall be | 33 |
| required to be renewed only upon written request by the Agency
| 34 |
| consistent with applicable provisions of this Act and its | 35 |
| rules. Such
operating permits shall expire 180 days after the | 36 |
| date of such a request.
Before July 1, 1998, the Board shall |
|
|
|
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LRB094 15461 RSP 50656 b |
|
| 1 |
| revise its rules for the existing State
air pollution operating | 2 |
| permit program consistent with this paragraph and shall
adopt | 3 |
| rules that require a source to demonstrate that it qualifies | 4 |
| for a permit
under this paragraph.
| 5 |
| (b) The Agency may issue NPDES permits exclusively under | 6 |
| this
subsection for the discharge of contaminants from point | 7 |
| sources into
navigable waters, all as defined in the Federal | 8 |
| Water Pollution Control
Act, as now or hereafter amended, | 9 |
| within the jurisdiction of the
State, or into any well.
| 10 |
| All NPDES permits shall contain those terms and conditions, | 11 |
| including
but not limited to schedules of compliance, which may | 12 |
| be required to
accomplish the purposes and provisions of this | 13 |
| Act.
| 14 |
| The Agency may issue general NPDES permits for discharges | 15 |
| from categories
of point sources which are subject to the same | 16 |
| permit limitations and
conditions. Such general permits may be | 17 |
| issued without individual
applications and shall conform to | 18 |
| regulations promulgated under Section 402
of the Federal Water | 19 |
| Pollution Control Act, as now or hereafter amended.
| 20 |
| The Agency may include, among such conditions, effluent | 21 |
| limitations
and other requirements established under this Act, | 22 |
| Board regulations,
the Federal Water Pollution Control Act, as | 23 |
| now or hereafter amended, and
regulations pursuant thereto, and | 24 |
| schedules for achieving compliance
therewith at the earliest | 25 |
| reasonable date.
| 26 |
| The Agency shall adopt filing requirements and procedures | 27 |
| which are
necessary and appropriate for the issuance of NPDES | 28 |
| permits, and which
are consistent with the Act or regulations | 29 |
| adopted by the Board, and
with the Federal Water Pollution | 30 |
| Control Act, as now or hereafter
amended, and regulations | 31 |
| pursuant thereto.
| 32 |
| The Agency, subject to any conditions which may be | 33 |
| prescribed by
Board regulations, may issue NPDES permits to | 34 |
| allow discharges beyond
deadlines established by this Act or by | 35 |
| regulations of the Board without
the requirement of a variance, | 36 |
| subject to the Federal Water Pollution
Control Act, as now or |
|
|
|
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LRB094 15461 RSP 50656 b |
|
| 1 |
| hereafter amended, and regulations pursuant thereto.
| 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.
| 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 | 27 |
| approval for that facility and upon any party
to the siting | 28 |
| proceeding pursuant to which siting approval was granted. In
| 29 |
| that event, the Agency shall conduct an evaluation of the | 30 |
| subsequent owner or
operator's prior experience in waste | 31 |
| management operations in the manner
conducted under subsection | 32 |
| (i) of Section 39 of this Act.
| 33 |
| Beginning August 20, 1993, if the pollution control | 34 |
| facility consists of a
hazardous or solid waste disposal | 35 |
| facility for which the proposed site is
located in an | 36 |
| unincorporated area of a county with a population of less than
|
|
|
|
SB2285 Engrossed |
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LRB094 15461 RSP 50656 b |
|
| 1 |
| 100,000 and includes all or a portion of a parcel of land that | 2 |
| was, on April 1,
1993, adjacent to a municipality having a | 3 |
| population of less than 5,000, then
the local siting review | 4 |
| required under this subsection (c) in conjunction with
any | 5 |
| permit applied for after that date shall be performed by the | 6 |
| governing body
of that adjacent municipality rather than the | 7 |
| county board of the county in
which the proposed site is | 8 |
| located; and for the purposes of that local siting
review, any | 9 |
| references in this Act to the county board shall be deemed to | 10 |
| mean
the governing body of that adjacent municipality; | 11 |
| provided, however, that the
provisions of this paragraph shall | 12 |
| not apply to any proposed site which was, on
April 1, 1993, | 13 |
| owned in whole or in part by another municipality.
| 14 |
| In the case of a pollution control facility for which a
| 15 |
| development permit was issued before November 12, 1981, if an | 16 |
| operating
permit has not been issued by the Agency prior to | 17 |
| August 31, 1989 for
any portion of the facility, then the | 18 |
| Agency may not issue or renew any
development permit nor issue | 19 |
| an original operating permit for any portion of
such facility | 20 |
| unless the applicant has submitted proof to the Agency that the
| 21 |
| location of the facility has been approved by the appropriate | 22 |
| county board or
municipal governing body pursuant to Section | 23 |
| 39.2 of this Act.
| 24 |
| After January 1, 1994, if a solid waste
disposal facility, | 25 |
| any portion for which an operating permit has been issued by
| 26 |
| the Agency, has not accepted waste disposal for 5 or more | 27 |
| consecutive calendars
years, before that facility may accept | 28 |
| any new or additional waste for
disposal, the owner and | 29 |
| operator must obtain a new operating permit under this
Act for | 30 |
| that facility unless the owner and operator have applied to the | 31 |
| Agency
for a permit authorizing the temporary suspension of | 32 |
| waste acceptance. The
Agency may not issue a new operation | 33 |
| permit under this Act for the facility
unless the applicant has | 34 |
| submitted proof to the Agency that the location of the
facility | 35 |
| has been approved or re-approved by the appropriate county | 36 |
| board or
municipal governing body under Section 39.2 of this |
|
|
|
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LRB094 15461 RSP 50656 b |
|
| 1 |
| Act after the facility
ceased accepting waste.
| 2 |
| Except for those facilities owned or operated by sanitary | 3 |
| districts
organized under the Metropolitan Water Reclamation | 4 |
| District Act, and
except for new pollution control facilities | 5 |
| governed by Section 39.2,
and except for fossil fuel mining | 6 |
| facilities, the granting of a permit under
this Act shall not | 7 |
| relieve the applicant from meeting and securing all
necessary | 8 |
| zoning approvals from the unit of government having zoning
| 9 |
| jurisdiction over the proposed facility.
| 10 |
| Before beginning construction on any new sewage treatment | 11 |
| plant or sludge
drying site to be owned or operated by a | 12 |
| sanitary district organized under
the Metropolitan Water | 13 |
| Reclamation District Act for which a new
permit (rather than | 14 |
| the renewal or amendment of an existing permit) is
required, | 15 |
| such sanitary district shall hold a public hearing within the
| 16 |
| municipality within which the proposed facility is to be | 17 |
| located, or within the
nearest community if the proposed | 18 |
| facility is to be located within an
unincorporated area, at | 19 |
| which information concerning the proposed facility
shall be | 20 |
| made available to the public, and members of the public shall | 21 |
| be given
the opportunity to express their views concerning the | 22 |
| proposed facility.
| 23 |
| The Agency may issue a permit for a municipal waste | 24 |
| transfer station
without requiring approval pursuant to | 25 |
| Section 39.2 provided that the following
demonstration is made:
| 26 |
| (1) the municipal waste transfer station was in | 27 |
| existence on or before
January 1, 1979 and was in | 28 |
| continuous operation from January 1, 1979 to January
1, | 29 |
| 1993;
| 30 |
| (2) the operator submitted a permit application to the | 31 |
| Agency to develop
and operate the municipal waste transfer | 32 |
| station during April of 1994;
| 33 |
| (3) the operator can demonstrate that the county board | 34 |
| of the county, if
the municipal waste transfer station is | 35 |
| in an unincorporated area, or the
governing body of the | 36 |
| municipality, if the station is in an incorporated area,
|
|
|
|
SB2285 Engrossed |
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LRB094 15461 RSP 50656 b |
|
| 1 |
| does not object to resumption of the operation of the | 2 |
| station; and
| 3 |
| (4) the site has local zoning approval.
| 4 |
| (d) The Agency may issue RCRA permits exclusively under | 5 |
| this
subsection to persons owning or operating a facility for | 6 |
| the treatment,
storage, or disposal of hazardous waste as | 7 |
| defined under this Act.
| 8 |
| All RCRA permits shall contain those terms and conditions, | 9 |
| including but
not limited to schedules of compliance, which may | 10 |
| be required to accomplish
the purposes and provisions of this | 11 |
| Act. The Agency may include among such
conditions standards and | 12 |
| other requirements established under this Act,
Board | 13 |
| regulations, the Resource Conservation and Recovery Act of 1976 | 14 |
| (P.L.
94-580), as amended, and regulations pursuant thereto, | 15 |
| and may include
schedules for achieving compliance therewith as | 16 |
| soon as possible. The
Agency shall require that a performance | 17 |
| bond or other security be provided
as a condition for the | 18 |
| issuance of a RCRA permit.
| 19 |
| In the case of a permit to operate a hazardous waste or PCB | 20 |
| incinerator
as defined in subsection (k) of Section 44, the | 21 |
| Agency shall require, as a
condition of the permit, that the | 22 |
| operator of the facility perform such
analyses of the waste to | 23 |
| be incinerated as may be necessary and appropriate
to ensure | 24 |
| the safe operation of the incinerator.
| 25 |
| The Agency shall adopt filing requirements and procedures | 26 |
| which
are necessary and appropriate for the issuance of RCRA | 27 |
| permits, and which
are consistent with the Act or regulations | 28 |
| adopted by the Board, and with
the Resource Conservation and | 29 |
| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 30 |
| pursuant thereto.
| 31 |
| The applicant shall make available to the public for | 32 |
| inspection all
documents submitted by the applicant to the | 33 |
| Agency in furtherance
of an application, with the exception of | 34 |
| trade secrets, at the office of
the county board or governing | 35 |
| body of the municipality. Such documents
may be copied upon | 36 |
| payment of the actual cost of reproduction during regular
|
|
|
|
SB2285 Engrossed |
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LRB094 15461 RSP 50656 b |
|
| 1 |
| business hours of the local office. The Agency shall issue a | 2 |
| written statement
concurrent with its grant or denial of the | 3 |
| permit explaining the basis for its
decision.
| 4 |
| (e) The Agency may issue UIC permits exclusively under this
| 5 |
| subsection to persons owning or operating a facility for the | 6 |
| underground
injection of contaminants as defined under this | 7 |
| Act.
| 8 |
| All UIC permits shall contain those terms and conditions, | 9 |
| including but
not limited to schedules of compliance, which may | 10 |
| be required to accomplish
the purposes and provisions of this | 11 |
| Act. The Agency may include among such
conditions standards and | 12 |
| other requirements established under this Act,
Board | 13 |
| regulations, the Safe Drinking Water Act (P.L. 93-523), as | 14 |
| amended,
and regulations pursuant thereto, and may include | 15 |
| schedules for achieving
compliance therewith. The Agency shall | 16 |
| require that a performance bond or
other security be provided | 17 |
| as a condition for the issuance of a UIC permit.
| 18 |
| The Agency shall adopt filing requirements and procedures | 19 |
| which
are necessary and appropriate for the issuance of UIC | 20 |
| permits, and which
are consistent with the Act or regulations | 21 |
| adopted by the Board, and with
the Safe Drinking Water Act | 22 |
| (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 23 |
| The applicant shall make available to the public for | 24 |
| inspection, all
documents submitted by the applicant to the | 25 |
| Agency in furtherance of an
application, with the exception of | 26 |
| trade secrets, at the office of the county
board or governing | 27 |
| body of the municipality. Such documents may be copied upon
| 28 |
| payment of the actual cost of reproduction during regular | 29 |
| business hours of the
local office. The Agency shall issue a | 30 |
| written statement concurrent with its
grant or denial of the | 31 |
| permit explaining the basis for its decision.
| 32 |
| (f) In making any determination pursuant to Section 9.1 of | 33 |
| this Act:
| 34 |
| (1) The Agency shall have authority to make the | 35 |
| determination of any
question required to be determined by | 36 |
| the Clean Air Act, as now or
hereafter amended, this Act, |
|
|
|
SB2285 Engrossed |
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LRB094 15461 RSP 50656 b |
|
| 1 |
| or the regulations of the Board, including the
| 2 |
| determination of the Lowest Achievable Emission Rate, | 3 |
| Maximum Achievable
Control Technology, or Best Available | 4 |
| Control Technology, consistent with the
Board's | 5 |
| regulations, if any.
| 6 |
| (2) The Agency shall, after conferring with the | 7 |
| applicant, give written
notice to the applicant of its | 8 |
| proposed decision on the application including
the terms | 9 |
| and conditions of the permit to be issued and the facts, | 10 |
| conduct
or other basis upon which the Agency will rely to | 11 |
| support its proposed action.
| 12 |
| (3) Following such notice, the Agency shall give the | 13 |
| applicant an
opportunity for a hearing in accordance with | 14 |
| the provisions of Sections
10-25 through 10-60 of the | 15 |
| Illinois Administrative Procedure Act.
| 16 |
| (g) The Agency shall include as conditions upon all permits | 17 |
| issued for
hazardous waste disposal sites such restrictions | 18 |
| upon the future use
of such sites as are reasonably necessary | 19 |
| to protect public health and
the environment, including | 20 |
| permanent prohibition of the use of such
sites for purposes | 21 |
| which may create an unreasonable risk of injury to human
health | 22 |
| or to the environment. After administrative and judicial | 23 |
| challenges
to such restrictions have been exhausted, the Agency | 24 |
| shall file such
restrictions of record in the Office of the | 25 |
| Recorder of the county in which
the hazardous waste disposal | 26 |
| site is located.
| 27 |
| (h) A hazardous waste stream may not be deposited in a | 28 |
| permitted hazardous
waste site unless specific authorization | 29 |
| is obtained from the Agency by the
generator and disposal site | 30 |
| owner and operator for the deposit of that specific
hazardous | 31 |
| waste stream. The Agency may grant specific authorization for
| 32 |
| disposal of hazardous waste streams only after the generator | 33 |
| has reasonably
demonstrated that, considering
technological | 34 |
| feasibility and economic reasonableness, the hazardous waste
| 35 |
| cannot be reasonably recycled for reuse, nor incinerated or | 36 |
| chemically,
physically or biologically treated so as to |
|
|
|
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| 1 |
| neutralize the hazardous waste
and render it nonhazardous. In | 2 |
| granting authorization under this Section,
the Agency may | 3 |
| impose such conditions as may be necessary to accomplish
the | 4 |
| purposes of the Act and are consistent with this Act and | 5 |
| regulations
promulgated by the Board hereunder. If the Agency | 6 |
| refuses to grant
authorization under this Section, the | 7 |
| applicant may appeal as if the Agency
refused to grant a | 8 |
| permit, pursuant to the provisions of subsection (a) of
Section | 9 |
| 40 of this Act. For purposes of this subsection (h), the term
| 10 |
| "generator" has the meaning given in Section 3.205 of this Act,
| 11 |
| unless: (1) the hazardous waste is treated, incinerated, or | 12 |
| partially recycled
for reuse prior to disposal, in which case | 13 |
| the last person who treats,
incinerates, or partially recycles | 14 |
| the hazardous waste prior to disposal is the
generator; or (2) | 15 |
| the hazardous waste is from a response action, in which case
| 16 |
| the person performing the response action is the generator. | 17 |
| This subsection
(h) does not apply to any hazardous waste that | 18 |
| is restricted from land disposal
under 35 Ill. Adm. Code 728.
| 19 |
| (i) Before issuing any RCRA permit, any permit for a waste | 20 |
| storage site,
sanitary landfill, waste disposal site, waste | 21 |
| transfer station, waste treatment
facility, waste incinerator, | 22 |
| or any waste-transportation operation, or any permit or interim | 23 |
| authorization for a clean construction or demolition debris | 24 |
| fill operation, the Agency
shall conduct an evaluation of the | 25 |
| prospective owner's or operator's prior
experience in waste | 26 |
| management operations and clean construction or demolition | 27 |
| debris fill operations. The Agency may deny such a permit, or | 28 |
| deny or revoke interim authorization,
if the prospective owner | 29 |
| or operator or any employee or officer of the
prospective owner | 30 |
| or operator has a history of:
| 31 |
| (1) repeated violations of federal, State, or local | 32 |
| laws, regulations,
standards, or ordinances in the | 33 |
| operation of waste management facilities or
sites or clean | 34 |
| construction or demolition debris fill operation | 35 |
| facilities or sites; or
| 36 |
| (2) conviction in this or another State of any crime |
|
|
|
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| 1 |
| which is a felony
under the laws of this State, or | 2 |
| conviction of a felony in a federal court; or conviction in | 3 |
| this or another state or federal court of any of the | 4 |
| following crimes: forgery, official misconduct, bribery, | 5 |
| perjury, or knowingly submitting false information under | 6 |
| any environmental law, regulation, or permit term or | 7 |
| condition; or
| 8 |
| (3) proof of gross carelessness or incompetence in | 9 |
| handling, storing,
processing, transporting or disposing | 10 |
| of waste or clean construction or demolition debris, or | 11 |
| proof of gross carelessness or incompetence in using clean | 12 |
| construction or demolition debris as fill.
| 13 |
| (i-5) Before issuing any permit or approving any interim | 14 |
| authorization for a clean construction or demolition debris | 15 |
| fill operation in which any ownership interest is transferred | 16 |
| between January 1, 2005, and the effective date of the | 17 |
| prohibition set forth in Section 22.52 of this Act, the Agency | 18 |
| shall conduct an evaluation of the operation if any previous | 19 |
| activities at the site or facility may have caused or allowed | 20 |
| contamination of the site. It shall be the responsibility of | 21 |
| the owner or operator seeking the permit or interim | 22 |
| authorization to provide to the Agency all of the information | 23 |
| necessary for the Agency to conduct its evaluation. The Agency | 24 |
| may deny a permit or interim authorization if previous | 25 |
| activities at the site may have caused or allowed contamination | 26 |
| at the site, unless such contamination is authorized under any | 27 |
| permit issued by the Agency.
| 28 |
| (j) The issuance under this Act of a permit to engage in | 29 |
| the surface mining
of any resources other than fossil fuels | 30 |
| shall not relieve
the permittee from its duty to comply with | 31 |
| any applicable local law regulating
the commencement, location | 32 |
| or operation of surface mining facilities.
| 33 |
| (k) A development permit issued under subsection (a) of | 34 |
| Section 39 for any
facility or site which is required to have a | 35 |
| permit under subsection (d) of
Section 21 shall expire at the | 36 |
| end of 2 calendar years from the date upon which
it was issued, |
|
|
|
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| 1 |
| unless within that period the applicant has taken action to
| 2 |
| develop the facility or the site. In the event that review of | 3 |
| the
conditions of the development permit is sought pursuant to | 4 |
| Section 40 or
41, or permittee is prevented from commencing | 5 |
| development of the facility
or site by any other litigation | 6 |
| beyond the permittee's control, such
two-year period shall be | 7 |
| deemed to begin on the date upon which such review
process or | 8 |
| litigation is concluded.
| 9 |
| (l) No permit shall be issued by the Agency under this Act | 10 |
| for
construction or operation of any facility or site located | 11 |
| within the
boundaries of any setback zone established pursuant | 12 |
| to this Act, where such
construction or operation is | 13 |
| prohibited.
| 14 |
| (m) The Agency may issue permits to persons owning or | 15 |
| operating
a facility for composting landscape waste. In | 16 |
| granting such permits, the Agency
may impose such conditions as | 17 |
| may be necessary to accomplish the purposes of
this Act, and as | 18 |
| are not inconsistent with applicable regulations promulgated
| 19 |
| by the Board. Except as otherwise provided in this Act, a bond | 20 |
| or other
security shall not be required as a condition for the | 21 |
| issuance of a permit. If
the Agency denies any permit pursuant | 22 |
| to this subsection, the Agency shall
transmit to the applicant | 23 |
| within the time limitations of this subsection
specific, | 24 |
| detailed statements as to the reasons the permit application | 25 |
| was
denied. Such statements shall include but not be limited to | 26 |
| the following:
| 27 |
| (1) the Sections of this Act that may be violated if | 28 |
| the permit
were granted;
| 29 |
| (2) the specific regulations promulgated pursuant to | 30 |
| this
Act that may be violated if the permit were granted;
| 31 |
| (3) the specific information, if any, the Agency deems | 32 |
| the
applicant did not provide in its application to the | 33 |
| Agency; and
| 34 |
| (4) a statement of specific reasons why the Act and the | 35 |
| regulations
might be violated if the permit were granted.
| 36 |
| If no final action is taken by the Agency within 90 days |
|
|
|
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| 1 |
| after the filing
of the application for permit, the applicant | 2 |
| may deem the permit issued.
Any applicant for a permit may | 3 |
| waive the 90 day limitation by filing a
written statement with | 4 |
| the Agency.
| 5 |
| The Agency shall issue permits for such facilities upon | 6 |
| receipt of an
application that includes a legal description of | 7 |
| the site, a topographic
map of the site drawn to the scale of | 8 |
| 200 feet to the inch or larger, a
description of the operation, | 9 |
| including the area served, an estimate of
the volume of | 10 |
| materials to be processed, and documentation that:
| 11 |
| (1) the facility includes a setback of at
least 200 | 12 |
| feet from the nearest potable water supply well;
| 13 |
| (2) the facility is located outside the boundary
of the | 14 |
| 10-year floodplain or the site will be floodproofed;
| 15 |
| (3) the facility is located so as to minimize
| 16 |
| incompatibility with the character of the surrounding | 17 |
| area, including at
least a 200 foot setback from any | 18 |
| residence, and in the case of a
facility that is developed | 19 |
| or the permitted composting area of which is
expanded after | 20 |
| November 17, 1991, the composting area is located at least | 21 |
| 1/8
mile from the nearest residence (other than a residence | 22 |
| located on the same
property as the facility);
| 23 |
| (4) the design of the facility will prevent any compost | 24 |
| material from
being placed within 5 feet of the water | 25 |
| table, will adequately control runoff
from the site, and | 26 |
| will collect and manage any leachate that is generated on
| 27 |
| the site;
| 28 |
| (5) the operation of the facility will include | 29 |
| appropriate dust
and odor control measures, limitations on | 30 |
| operating hours, appropriate
noise control measures for | 31 |
| shredding, chipping and similar equipment,
management | 32 |
| procedures for composting, containment and disposal of
| 33 |
| non-compostable wastes, procedures to be used for
| 34 |
| terminating operations at the site, and recordkeeping | 35 |
| sufficient to
document the amount of materials received, | 36 |
| composted and otherwise
disposed of; and
|
|
|
|
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| 1 |
| (6) the operation will be conducted in accordance with | 2 |
| any applicable
rules adopted by the Board.
| 3 |
| The Agency shall issue renewable permits of not longer than | 4 |
| 10 years
in duration for the composting of landscape wastes, as | 5 |
| defined in Section
3.155 of this Act, based on the above | 6 |
| requirements.
| 7 |
| The operator of any facility permitted under this | 8 |
| subsection (m) must
submit a written annual statement to the | 9 |
| Agency on or before April 1 of
each year that includes an | 10 |
| estimate of the amount of material, in tons,
received for | 11 |
| composting.
| 12 |
| (n) The Agency shall issue permits jointly with the | 13 |
| Department of
Transportation for the dredging or deposit of | 14 |
| material in Lake Michigan in
accordance with Section 18 of the | 15 |
| Rivers, Lakes, and Streams Act.
| 16 |
| (o) (Blank.)
| 17 |
| (p) (1) Any person submitting an application for a permit | 18 |
| for a new MSWLF
unit or for a lateral expansion under | 19 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF | 20 |
| unit that has not received and is not subject to local
siting | 21 |
| approval under Section 39.2 of this Act shall publish notice of | 22 |
| the
application in a newspaper of general circulation in the | 23 |
| county in which the
MSWLF unit is or is proposed to be located. | 24 |
| The notice must be published at
least 15 days before submission | 25 |
| of the permit application to the Agency. The
notice shall state | 26 |
| the name and address of the applicant, the location of the
| 27 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the | 28 |
| MSWLF unit or
proposed MSWLF unit, the nature of the activity | 29 |
| proposed, the probable life of
the proposed activity, the date | 30 |
| the permit application will be submitted, and a
statement that | 31 |
| persons may file written comments with the Agency concerning | 32 |
| the
permit application within 30 days after the filing of the | 33 |
| permit application
unless the time period to submit comments is | 34 |
| extended by the Agency.
| 35 |
| When a permit applicant submits information to the Agency | 36 |
| to supplement a
permit application being reviewed by the |
|
|
|
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| 1 |
| Agency, the applicant shall not be
required to reissue the | 2 |
| notice under this subsection.
| 3 |
| (2) The Agency shall accept written comments concerning the | 4 |
| permit
application that are postmarked no later than 30 days | 5 |
| after the
filing of the permit application, unless the time | 6 |
| period to accept comments is
extended by the Agency.
| 7 |
| (3) Each applicant for a permit described in part (1) of | 8 |
| this subsection
shall file a
copy of the permit application | 9 |
| with the county board or governing body of the
municipality in | 10 |
| which the MSWLF unit is or is proposed to be located at the
| 11 |
| same time the application is submitted to the Agency. The | 12 |
| permit application
filed with the county board or governing | 13 |
| body of the municipality shall include
all documents submitted | 14 |
| to or to be submitted to the Agency, except trade
secrets as | 15 |
| determined under Section 7.1 of this Act. The permit | 16 |
| application
and other documents on file with the county board | 17 |
| or governing body of the
municipality shall be made available | 18 |
| for public inspection during regular
business hours at the | 19 |
| office of the county board or the governing body of the
| 20 |
| municipality and may be copied upon payment of the actual cost | 21 |
| of
reproduction.
| 22 |
| (Source: P.A. 93-575, eff. 1-1-04; 94-272, eff. 7-19-05; | 23 |
| 94-725, eff. 6-1-06.)
| 24 |
| (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
| 25 |
| Sec. 39.2. Local siting review.
| 26 |
| (a) The county board of the county or the governing body of | 27 |
| the
municipality, as determined by paragraph (c) of Section 39 | 28 |
| of this Act, shall
approve or disapprove the request for local | 29 |
| siting approval for each pollution
control facility which is | 30 |
| subject to such review. An applicant for local
siting approval | 31 |
| shall submit sufficient details describing the proposed
| 32 |
| facility to demonstrate compliance, and local siting approval | 33 |
| shall be granted
only if the proposed facility meets the | 34 |
| following criteria:
| 35 |
| (i) the facility is necessary to accommodate the waste |
|
|
|
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LRB094 15461 RSP 50656 b |
|
| 1 |
| needs of the area
it is intended to serve;
| 2 |
| (ii) the facility is so designed, located and proposed | 3 |
| to be operated
that the public health, safety and welfare | 4 |
| will be protected;
| 5 |
| (iii) the facility is located so as to minimize | 6 |
| incompatibility with the
character of the surrounding area | 7 |
| and to minimize the effect on the value of
the surrounding | 8 |
| property;
| 9 |
| (iv) (A) for a facility other than a sanitary landfill | 10 |
| or waste disposal
site, the facility is located outside the | 11 |
| boundary of the 100 year flood plain
or the site is | 12 |
| flood-proofed; (B) for a facility that is a sanitary | 13 |
| landfill
or waste disposal site, the facility is located | 14 |
| outside the boundary of the
100-year floodplain, or if the | 15 |
| facility is a facility described in subsection
(b)(3) of | 16 |
| Section 22.19a, the site is flood-proofed;
| 17 |
| (v) the plan of operations for the facility is designed | 18 |
| to minimize
the danger to the surrounding area from fire, | 19 |
| spills, or other operational
accidents;
| 20 |
| (vi) the traffic patterns to or from the facility are | 21 |
| so designed as to
minimize the impact on existing traffic | 22 |
| flows;
| 23 |
| (vii) if the facility will be treating, storing or | 24 |
| disposing of
hazardous waste, an emergency response plan | 25 |
| exists for the facility which
includes notification, | 26 |
| containment and evacuation procedures to be used in
case of | 27 |
| an accidental release;
| 28 |
| (viii) if the facility is to be located in a county | 29 |
| where the county
board has adopted a solid waste management | 30 |
| plan consistent with the planning
requirements of the Local | 31 |
| Solid Waste Disposal Act or the Solid Waste Planning
and | 32 |
| Recycling Act, the facility is
consistent with that plan; | 33 |
| for purposes of this criterion (viii), the "solid waste | 34 |
| management plan" means the plan that is in effect as of the | 35 |
| date the application for siting approval is filed; and
| 36 |
| (ix) if the facility will be located within a regulated |
|
|
|
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LRB094 15461 RSP 50656 b |
|
| 1 |
| recharge area,
any applicable requirements specified by | 2 |
| the Board for such areas have been
met.
| 3 |
| The county board or the governing body of the municipality | 4 |
| may also
consider as evidence the previous operating experience | 5 |
| and past record of
convictions or admissions of violations of | 6 |
| the applicant (and any subsidiary
or parent corporation) in the | 7 |
| field of solid waste management when
considering criteria (ii) | 8 |
| and (v) under this Section. | 9 |
| If the facility is subject to the location restrictions in | 10 |
| Section 22.14 of this Act, compliance with that Section shall | 11 |
| be determined as of the date the application for siting | 12 |
| approval is filed.
| 13 |
| (b) No later than 14 days before the date on which the | 14 |
| county board or
governing body of the municipality receives a | 15 |
| request for
site approval, the applicant shall cause written | 16 |
| notice
of such request to be served either in person or by | 17 |
| registered mail, return
receipt requested, on the owners of all | 18 |
| property within the subject area not
solely owned by the | 19 |
| applicant, and on the owners of all property within 250
feet in | 20 |
| each direction of the lot line of the subject property, said | 21 |
| owners
being such persons or entities which appear from the | 22 |
| authentic tax records of
the County in which such facility is | 23 |
| to be located; provided, that the number
of all feet occupied | 24 |
| by all public roads, streets, alleys and other public ways
| 25 |
| shall be excluded in computing the 250 feet requirement; | 26 |
| provided further, that
in no event shall this requirement | 27 |
| exceed 400 feet, including public streets,
alleys and other | 28 |
| public ways.
| 29 |
| Such written notice shall also be served upon members of | 30 |
| the General Assembly
from the legislative district in which the | 31 |
| proposed facility is located
and shall be published in a | 32 |
| newspaper of general circulation published in
the county in | 33 |
| which the site is located.
| 34 |
| Such notice shall state the name and address of the | 35 |
| applicant, the location
of the proposed site, the nature and | 36 |
| size of the development, the nature of the
activity proposed, |
|
|
|
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LRB094 15461 RSP 50656 b |
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| 1 |
| the probable life of the proposed activity, the date when
the | 2 |
| request for site approval will be submitted, and a description | 3 |
| of the right
of persons to comment on such request as hereafter | 4 |
| provided.
| 5 |
| (c) An applicant shall file a copy of its request with the | 6 |
| county board
of the county or the governing body of the | 7 |
| municipality in which the proposed
site is located. The request | 8 |
| shall include (i) the substance of the
applicant's proposal and | 9 |
| (ii) all documents, if any, submitted as of that date
to the | 10 |
| Agency pertaining to the proposed facility, except trade | 11 |
| secrets as
determined under Section 7.1 of this Act. All such | 12 |
| documents or other
materials on file with the county board or | 13 |
| governing body of the municipality
shall be made available for | 14 |
| public inspection at the office of the county board
or the | 15 |
| governing body of the municipality and may be copied upon | 16 |
| payment of the
actual cost of reproduction.
| 17 |
| Any person may file written comment with the county board | 18 |
| or governing
body of the municipality concerning the | 19 |
| appropriateness of the proposed
site for its intended purpose. | 20 |
| The county board or governing body of the
municipality shall | 21 |
| consider any comment received or postmarked not later
than 30 | 22 |
| days after the date of the last public hearing.
| 23 |
| (d) At least one public hearing is to be held by the county | 24 |
| board or
governing body of the municipality no sooner than 90 | 25 |
| days but no later than
120 days after the date on which it | 26 |
| received the
request for site approval. No later than 14 days | 27 |
| prior to such hearing,
notice shall be published in a newspaper | 28 |
| of general circulation published in
the county of the proposed | 29 |
| site, and delivered by certified mail to all members
of the | 30 |
| General Assembly from the district in which the proposed site | 31 |
| is
located, to the governing authority of every municipality | 32 |
| contiguous to the
proposed site or contiguous to the | 33 |
| municipality in which the proposed site is
to be located, to | 34 |
| the county board of the county where the proposed site is to
be | 35 |
| located, if the proposed site is located within the boundaries | 36 |
| of a
municipality, and to the Agency. Members or |
|
|
|
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LRB094 15461 RSP 50656 b |
|
| 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, specifying the reasons for | 17 |
| the decision, such reasons
to be in conformance with subsection | 18 |
| (a) of this Section. In granting approval
for a site the county | 19 |
| board or governing body of the municipality may impose
such | 20 |
| conditions as may be reasonable and necessary to accomplish the | 21 |
| purposes
of this Section and as are not inconsistent with | 22 |
| regulations promulgated
by the Board. Such decision shall be | 23 |
| available for public inspection at
the office of the county | 24 |
| board or governing body of the municipality and
may be copied | 25 |
| upon payment of the actual cost of reproduction. If there is
no | 26 |
| final action by the county board or governing body of the | 27 |
| municipality
within 180 days after the date on which it | 28 |
| received the
request for site approval, the applicant may deem | 29 |
| the request approved.
| 30 |
| At any time prior to completion by the applicant of the | 31 |
| presentation of
the applicant's factual evidence and an | 32 |
| opportunity for cross-questioning
by the county board or | 33 |
| governing body of the municipality and any participants,
the | 34 |
| applicant may file not more than one amended application upon | 35 |
| payment
of additional fees pursuant to subsection (k); in which | 36 |
| case the time
limitation for final action set forth in this |
|
|
|
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|
| 1 |
| subsection (e) shall
be extended for an additional period of 90 | 2 |
| days.
| 3 |
| If, prior to making a final local siting decision, a county | 4 |
| board or
governing body of a municipality has negotiated and | 5 |
| entered into a host
agreement with the local siting applicant, | 6 |
| the terms and conditions of
the host agreement, whether written | 7 |
| or oral, shall be disclosed and made
a part of the hearing | 8 |
| record for that local siting proceeding.
In the case of an oral | 9 |
| agreement, the disclosure shall be made in the form
of a | 10 |
| written summary jointly prepared and submitted by the county | 11 |
| board or
governing body of the municipality and the siting | 12 |
| applicant and shall describe
the terms and conditions of the | 13 |
| oral agreement.
| 14 |
| (e-5) Siting approval obtained pursuant to this Section is | 15 |
| transferable
and may be transferred to a subsequent owner or | 16 |
| operator. In the event that
siting approval has been | 17 |
| transferred to a subsequent owner or operator, that
subsequent | 18 |
| owner or operator assumes and takes subject to any and all
| 19 |
| conditions imposed upon the prior owner or operator by the | 20 |
| county board of
the county or governing body of the | 21 |
| municipality pursuant to subsection (e).
However, any such | 22 |
| conditions imposed pursuant to this Section may be modified
by | 23 |
| agreement between the subsequent owner or operator and the | 24 |
| appropriate
county board or governing body. Further, in the | 25 |
| event that siting approval
obtained pursuant to this Section | 26 |
| has been transferred to a subsequent owner or
operator, that | 27 |
| subsequent owner or operator assumes all rights and obligations
| 28 |
| and takes the facility subject to any and all terms and | 29 |
| conditions of any
existing host agreement between the prior | 30 |
| owner or operator and the appropriate
county board or governing | 31 |
| body.
| 32 |
| (f) A local siting approval granted under this Section | 33 |
| shall expire at
the end of 2 calendar years from the date upon | 34 |
| which it was granted, unless
the local siting approval granted | 35 |
| under this Section is for a sanitary landfill
operation, in | 36 |
| which case the approval shall expire at the end of 3 calendar
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| years from the date upon which it was granted, and unless | 2 |
| within that period
the applicant has made application to the | 3 |
| Agency for a
permit to develop the site. In the event that the | 4 |
| local siting decision has
been appealed, such expiration period | 5 |
| shall be deemed to begin on the date
upon which the appeal | 6 |
| process is concluded.
| 7 |
| Except as otherwise provided in this subsection, upon the | 8 |
| expiration
of a development permit under subsection (k) of | 9 |
| Section 39, any associated
local siting approval granted for | 10 |
| the facility under this Section shall also
expire.
| 11 |
| If a first development permit for a municipal waste | 12 |
| incineration
facility expires under subsection (k) of Section | 13 |
| 39 after September 30,
1989 due to circumstances beyond the | 14 |
| control of the applicant, any
associated local siting approval | 15 |
| granted for the facility under this
Section may be used to | 16 |
| fulfill the local siting approval requirement upon
application | 17 |
| for a second development permit for the same site, provided
| 18 |
| that the proposal in the new application is materially the | 19 |
| same, with respect
to the criteria in subsection (a) of this | 20 |
| Section, as the proposal that
received the original siting | 21 |
| approval, and application for the second
development permit is | 22 |
| made before January 1, 1990.
| 23 |
| (g) The siting approval procedures, criteria and appeal | 24 |
| procedures
provided for in this Act for new pollution control | 25 |
| facilities
shall be the exclusive siting procedures and rules | 26 |
| and appeal procedures
for facilities subject to such | 27 |
| procedures. Local zoning or other local land
use requirements | 28 |
| shall not be applicable to such siting decisions.
| 29 |
| (h) Nothing in this Section shall apply to any existing or | 30 |
| new
pollution control facility located within the corporate | 31 |
| limits of
a municipality with a population of over 1,000,000.
| 32 |
| (i) (Blank.)
| 33 |
| The Board shall adopt regulations establishing the | 34 |
| geologic and
hydrologic siting criteria necessary to protect | 35 |
| usable groundwater
resources which are to be followed by the | 36 |
| Agency in its review of permit
applications for new pollution |
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| control facilities. Such
regulations, insofar as they apply to | 2 |
| new pollution control
facilities authorized to store, treat or | 3 |
| dispose of any hazardous waste,
shall be at least as stringent | 4 |
| as the requirements of the Resource
Conservation and Recovery | 5 |
| Act and any State or federal regulations adopted
pursuant | 6 |
| thereto.
| 7 |
| (j) Any new pollution control facility which has never | 8 |
| obtained local
siting approval under the provisions of this | 9 |
| Section shall be required to
obtain such approval after a final | 10 |
| decision on an appeal of a permit denial.
| 11 |
| (k) A county board or governing body of a municipality may | 12 |
| charge
applicants for siting review under this Section a | 13 |
| reasonable fee to cover
the reasonable and necessary costs | 14 |
| incurred by such county or municipality
in the siting review | 15 |
| process.
| 16 |
| (l) The governing Authority as determined by subsection (c) | 17 |
| of Section
39 of this Act may request the Department of | 18 |
| Transportation to perform
traffic impact studies of proposed or | 19 |
| potential locations for required
pollution control facilities.
| 20 |
| (m) An applicant may not file a request for local siting | 21 |
| approval which is
substantially the same as a request which was | 22 |
| disapproved pursuant to a
finding against the applicant under | 23 |
| any of criteria (i) through (ix) of
subsection (a) of this | 24 |
| Section within the preceding 2 years.
| 25 |
| (n) In any review proceeding of a decision of the county | 26 |
| board or
governing body of a municipality made pursuant to the | 27 |
| local
siting review process, the petitioner in the review | 28 |
| proceeding shall pay to
the county or municipality the cost of | 29 |
| preparing and certifying the record
of proceedings. Should the | 30 |
| petitioner in the review proceeding fail to make
payment, the | 31 |
| provisions of Section 3-109 of the Code of Civil
Procedure | 32 |
| shall apply.
| 33 |
| In the event the petitioner is a citizens' group that | 34 |
| participated in the
siting proceeding and is so located as to | 35 |
| be affected by the proposed
facility, such petitioner shall be | 36 |
| exempt from paying the costs of
preparing and certifying the |
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| record.
| 2 |
| (o) Notwithstanding any other provision of this Section, a | 3 |
| transfer
station used exclusively for landscape waste, where | 4 |
| landscape waste is held
no longer than 24 hours from the time | 5 |
| it was received, is not subject to the
requirements of local | 6 |
| siting approval under this Section, but is subject only
to | 7 |
| local zoning approval.
| 8 |
| (Source: P.A. 94-591, eff. 8-15-05.)
| 9 |
| (415 ILCS 115/Act rep.)
| 10 |
| Section 10. The Illinois Pollution Prevention Act is | 11 |
| repealed. | 12 |
| Section 95. No acceleration or delay. Where this Act makes | 13 |
| changes in a statute that is represented in this Act by text | 14 |
| that is not yet or no longer in effect (for example, a Section | 15 |
| represented by multiple versions), the use of that text does | 16 |
| not accelerate or delay the taking effect of (i) the changes | 17 |
| made by this Act or (ii) provisions derived from any other | 18 |
| Public Act. | 19 |
| Section 97. Applicability. The changes made by Section 5 of | 20 |
| this amendatory Act of the 94th General Assembly apply only to | 21 |
| siting applications filed on or after the effective date of | 22 |
| this amendatory Act.
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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|