Full Text of HB0316 95th General Assembly
HB0316 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0316
Introduced 1/19/2007, by Rep. Thomas Holbrook - Michael Tryon - James H. Meyer SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/39 |
from Ch. 111 1/2, par. 1039 |
415 ILCS 5/39.2 |
from Ch. 111 1/2, par. 1039.2 |
415 ILCS 115/Act rep. |
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Amends the Environmental Protection Act. Provides that for (i) permits for the development or construction of new pollution control facilities and (ii) permits for local siting approval of pollution control facilities, the appropriate county board or governing body of the municipality for the facility shall be the county board of the county or the governing body of the municipality in which the facility is to be located as of the date when the application for siting approval is filed. Provides that facilities subject to provisions of the Act relating to garbage transfer stations must be in compliance with the location requirements of those provisions as of the date the application for siting approval is filed in order to obtain local siting approval for the pollution control facility. Repeals the Illinois Pollution Prevention Act. Provides that the changes made by this amendatory Act apply only to siting applications filed on or after the effective date of this amendatory Act. Effective immediately.
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A BILL FOR
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HB0316 |
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LRB095 03761 CMK 23790 b |
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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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| 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 | 10 |
| facility,
equipment, vehicle, vessel, or aircraft, the | 11 |
| applicant shall apply to
the Agency for such permit and it | 12 |
| shall be the duty of the Agency to
issue such a permit upon | 13 |
| proof by the applicant that the facility,
equipment, vehicle, | 14 |
| vessel, or aircraft will not cause a violation of
this Act or | 15 |
| of regulations hereunder. The Agency shall adopt such
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| procedures as are necessary to carry out its duties under this | 17 |
| Section.
In making its determinations on permit applications | 18 |
| under this Section the Agency may consider prior adjudications | 19 |
| of
noncompliance with this Act by the applicant that involved a | 20 |
| release of a
contaminant into the environment. In granting | 21 |
| permits, the Agency
may impose reasonable conditions | 22 |
| specifically related to the applicant's past
compliance | 23 |
| history with this Act as necessary to correct, detect, or
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| prevent noncompliance. The Agency may impose such other | 2 |
| conditions
as may be necessary to accomplish the purposes of | 3 |
| this Act, and as are not
inconsistent with the regulations | 4 |
| promulgated by the Board hereunder. Except as
otherwise | 5 |
| provided in this Act, a bond or other security shall not be | 6 |
| required
as a condition for the issuance of a permit. If the | 7 |
| Agency denies any permit
under this Section, the Agency shall | 8 |
| transmit to the applicant within the time
limitations of this | 9 |
| Section specific, detailed statements as to the reasons the
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| permit application was denied. Such statements shall include, | 11 |
| but not be
limited to the following:
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| (i) the Sections of this Act which may be violated if | 13 |
| the permit
were granted;
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| (ii) the provision of the regulations, promulgated | 15 |
| under this Act,
which may be violated if the permit were | 16 |
| granted;
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| (iii) the specific type of information, if any, which | 18 |
| the Agency
deems the applicant did not provide the Agency; | 19 |
| and
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| (iv) a statement of specific reasons why the Act and | 21 |
| the regulations
might not be met if the permit were | 22 |
| granted.
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| If there is no final action by the Agency within 90 days | 24 |
| after the
filing of the application for permit, the applicant | 25 |
| may deem the permit
issued; except that this time period shall | 26 |
| be extended to 180 days when
(1) notice and opportunity for |
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| public hearing are required by State or
federal law or | 2 |
| regulation, (2) the application which was filed is for
any | 3 |
| permit to develop a landfill subject to issuance pursuant to | 4 |
| this
subsection, or (3) the application that was filed is for a | 5 |
| MSWLF unit
required to issue public notice under subsection (p) | 6 |
| of Section 39. The
90-day and 180-day time periods for the | 7 |
| Agency to take final action do not
apply to NPDES permit | 8 |
| applications under subsection (b) of this Section,
to RCRA | 9 |
| permit applications under subsection (d) of this Section, or
to | 10 |
| UIC permit applications under subsection (e) of this Section.
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| The Agency shall publish notice of all final permit | 12 |
| determinations for
development permits for MSWLF units and for | 13 |
| significant permit modifications
for lateral expansions for | 14 |
| existing MSWLF units one time in a newspaper of
general | 15 |
| circulation in the county in which the unit is or is proposed | 16 |
| to be
located.
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| After January 1, 1994 and until July 1, 1998, operating | 18 |
| permits issued under
this Section by the
Agency for sources of | 19 |
| air pollution permitted to emit less than 25 tons
per year of | 20 |
| 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 | 22 |
| upon written
request by the Agency consistent with applicable | 23 |
| provisions of this Act and
regulations promulgated hereunder. | 24 |
| Such operating permits shall expire
180 days after the date of | 25 |
| such a request. The Board shall revise its
regulations for the | 26 |
| 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 | 3 |
| Section by the
Agency for sources of air pollution that are not | 4 |
| subject to Section 39.5 of
this Act and are not required to | 5 |
| have a federally enforceable State operating
permit shall be | 6 |
| required to be renewed only upon written request by the Agency
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| consistent with applicable provisions of this Act and its | 8 |
| rules. Such
operating permits shall expire 180 days after the | 9 |
| date of such a request.
Before July 1, 1998, the Board shall | 10 |
| revise its rules for the existing State
air pollution operating | 11 |
| permit program consistent with this paragraph and shall
adopt | 12 |
| rules that require a source to demonstrate that it qualifies | 13 |
| for a permit
under this paragraph.
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| (b) The Agency may issue NPDES permits exclusively under | 15 |
| this
subsection for the discharge of contaminants from point | 16 |
| sources into
navigable waters, all as defined in the Federal | 17 |
| Water Pollution Control
Act, as now or hereafter amended, | 18 |
| within the jurisdiction of the
State, or into any well.
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| All NPDES permits shall contain those terms and conditions, | 20 |
| including
but not limited to schedules of compliance, which may | 21 |
| be required to
accomplish the purposes and provisions of this | 22 |
| Act.
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| The Agency may issue general NPDES permits for discharges | 24 |
| from categories
of point sources which are subject to the same | 25 |
| permit limitations and
conditions. Such general permits may be | 26 |
| issued without individual
applications and shall conform to |
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| regulations promulgated under Section 402
of the Federal Water | 2 |
| Pollution Control Act, as now or hereafter amended.
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| The Agency may include, among such conditions, effluent | 4 |
| limitations
and other requirements established under this Act, | 5 |
| Board regulations,
the Federal Water Pollution Control Act, as | 6 |
| now or hereafter amended, and
regulations pursuant thereto, and | 7 |
| schedules for achieving compliance
therewith at the earliest | 8 |
| reasonable date.
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| The Agency shall adopt filing requirements and procedures | 10 |
| which are
necessary and appropriate for the issuance of NPDES | 11 |
| permits, and which
are consistent with the Act or regulations | 12 |
| adopted by the Board, and
with the Federal Water Pollution | 13 |
| Control Act, as now or hereafter
amended, and regulations | 14 |
| pursuant thereto.
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| The Agency, subject to any conditions which may be | 16 |
| prescribed by
Board regulations, may issue NPDES permits to | 17 |
| allow discharges beyond
deadlines established by this Act or by | 18 |
| regulations of the Board without
the requirement of a variance, | 19 |
| subject to the Federal Water Pollution
Control Act, as now or | 20 |
| hereafter amended, and regulations pursuant thereto.
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| (c) Except for those facilities owned or operated by | 22 |
| sanitary districts
organized under the Metropolitan Water | 23 |
| Reclamation District Act, no
permit for the development or | 24 |
| construction of a new pollution control
facility may be granted | 25 |
| by the Agency unless the applicant submits proof to the
Agency | 26 |
| that the location of the facility has been approved by the |
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| County Board
of the county if in an unincorporated area, or the | 2 |
| governing body of the
municipality when in an incorporated | 3 |
| area, in which the facility is to be
located in accordance with | 4 |
| Section 39.2 of this Act. For purposes of this subsection (c), | 5 |
| and for purposes of Section 39.2 of this Act, the appropriate | 6 |
| county board or governing body of the municipality shall be the | 7 |
| county board of the county or the governing body of the | 8 |
| municipality in which the facility is to be located as of the | 9 |
| date when the application for siting approval is filed.
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| In the event that siting approval granted pursuant to | 11 |
| Section 39.2 has
been transferred to a subsequent owner or | 12 |
| operator, that subsequent owner or
operator may apply to the | 13 |
| Agency for, and the Agency may grant, a development
or | 14 |
| construction permit for the facility for which local siting | 15 |
| approval was
granted. Upon application to the Agency for a | 16 |
| development or
construction permit by that subsequent owner or | 17 |
| operator,
the permit applicant shall cause written notice of | 18 |
| the permit application
to be served upon the appropriate county | 19 |
| board or governing body of the
municipality that granted siting | 20 |
| approval for that facility and upon any party
to the siting | 21 |
| proceeding pursuant to which siting approval was granted. In
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| that event, the Agency shall conduct an evaluation of the | 23 |
| subsequent owner or
operator's prior experience in waste | 24 |
| management operations in the manner
conducted under subsection | 25 |
| (i) of Section 39 of this Act.
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| Beginning August 20, 1993, if the pollution control |
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| facility consists of a
hazardous or solid waste disposal | 2 |
| facility for which the proposed site is
located in an | 3 |
| 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 | 5 |
| was, on April 1,
1993, adjacent to a municipality having a | 6 |
| population of less than 5,000, then
the local siting review | 7 |
| required under this subsection (c) in conjunction with
any | 8 |
| permit applied for after that date shall be performed by the | 9 |
| governing body
of that adjacent municipality rather than the | 10 |
| county board of the county in
which the proposed site is | 11 |
| located; and for the purposes of that local siting
review, any | 12 |
| references in this Act to the county board shall be deemed to | 13 |
| mean
the governing body of that adjacent municipality; | 14 |
| provided, however, that the
provisions of this paragraph shall | 15 |
| not apply to any proposed site which was, on
April 1, 1993, | 16 |
| 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 | 19 |
| operating
permit has not been issued by the Agency prior to | 20 |
| August 31, 1989 for
any portion of the facility, then the | 21 |
| Agency may not issue or renew any
development permit nor issue | 22 |
| an original operating permit for any portion of
such facility | 23 |
| 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 | 25 |
| county board or
municipal governing body pursuant to Section | 26 |
| 39.2 of this Act.
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| After January 1, 1994, if a solid waste
disposal facility, | 2 |
| 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 | 4 |
| consecutive calendars
years, before that facility may accept | 5 |
| any new or additional waste for
disposal, the owner and | 6 |
| operator must obtain a new operating permit under this
Act for | 7 |
| that facility unless the owner and operator have applied to the | 8 |
| Agency
for a permit authorizing the temporary suspension of | 9 |
| waste acceptance. The
Agency may not issue a new operation | 10 |
| permit under this Act for the facility
unless the applicant has | 11 |
| submitted proof to the Agency that the location of the
facility | 12 |
| has been approved or re-approved by the appropriate county | 13 |
| board or
municipal governing body under Section 39.2 of this | 14 |
| Act after the facility
ceased accepting waste.
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| Except for those facilities owned or operated by sanitary | 16 |
| districts
organized under the Metropolitan Water Reclamation | 17 |
| District Act, and
except for new pollution control facilities | 18 |
| governed by Section 39.2,
and except for fossil fuel mining | 19 |
| facilities, the granting of a permit under
this Act shall not | 20 |
| relieve the applicant from meeting and securing all
necessary | 21 |
| 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 | 24 |
| plant or sludge
drying site to be owned or operated by a | 25 |
| sanitary district organized under
the Metropolitan Water | 26 |
| Reclamation District Act for which a new
permit (rather than |
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| the renewal or amendment of an existing permit) is
required, | 2 |
| such sanitary district shall hold a public hearing within the
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| municipality within which the proposed facility is to be | 4 |
| located, or within the
nearest community if the proposed | 5 |
| facility is to be located within an
unincorporated area, at | 6 |
| which information concerning the proposed facility
shall be | 7 |
| made available to the public, and members of the public shall | 8 |
| be given
the opportunity to express their views concerning the | 9 |
| proposed facility.
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| The Agency may issue a permit for a municipal waste | 11 |
| transfer station
without requiring approval pursuant to | 12 |
| Section 39.2 provided that the following
demonstration is made:
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| (1) the municipal waste transfer station was in | 14 |
| existence on or before
January 1, 1979 and was in | 15 |
| continuous operation from January 1, 1979 to January
1, | 16 |
| 1993;
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| (2) the operator submitted a permit application to the | 18 |
| Agency to develop
and operate the municipal waste transfer | 19 |
| station during April of 1994;
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| (3) the operator can demonstrate that the county board | 21 |
| of the county, if
the municipal waste transfer station is | 22 |
| in an unincorporated area, or the
governing body of the | 23 |
| municipality, if the station is in an incorporated area,
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| does not object to resumption of the operation of the | 25 |
| 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 | 2 |
| this
subsection to persons owning or operating a facility for | 3 |
| the treatment,
storage, or disposal of hazardous waste as | 4 |
| defined under this Act.
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| All RCRA permits shall contain those terms and conditions, | 6 |
| including but
not limited to schedules of compliance, which may | 7 |
| be required to accomplish
the purposes and provisions of this | 8 |
| Act. The Agency may include among such
conditions standards and | 9 |
| other requirements established under this Act,
Board | 10 |
| regulations, the Resource Conservation and Recovery Act of 1976 | 11 |
| (P.L.
94-580), as amended, and regulations pursuant thereto, | 12 |
| and may include
schedules for achieving compliance therewith as | 13 |
| soon as possible. The
Agency shall require that a performance | 14 |
| bond or other security be provided
as a condition for the | 15 |
| issuance of a RCRA permit.
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| In the case of a permit to operate a hazardous waste or PCB | 17 |
| incinerator
as defined in subsection (k) of Section 44, the | 18 |
| Agency shall require, as a
condition of the permit, that the | 19 |
| operator of the facility perform such
analyses of the waste to | 20 |
| be incinerated as may be necessary and appropriate
to ensure | 21 |
| the safe operation of the incinerator.
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| The Agency shall adopt filing requirements and procedures | 23 |
| which
are necessary and appropriate for the issuance of RCRA | 24 |
| permits, and which
are consistent with the Act or regulations | 25 |
| adopted by the Board, and with
the Resource Conservation and | 26 |
| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations |
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| pursuant thereto.
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| The applicant shall make available to the public for | 3 |
| inspection all
documents submitted by the applicant to the | 4 |
| Agency in furtherance
of an application, with the exception of | 5 |
| trade secrets, at the office of
the county board or governing | 6 |
| body of the municipality. Such documents
may be copied upon | 7 |
| payment of the actual cost of reproduction during regular
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| business hours of the local office. The Agency shall issue a | 9 |
| written statement
concurrent with its grant or denial of the | 10 |
| 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 | 13 |
| underground
injection of contaminants as defined under this | 14 |
| Act.
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| All UIC permits shall contain those terms and conditions, | 16 |
| including but
not limited to schedules of compliance, which may | 17 |
| be required to accomplish
the purposes and provisions of this | 18 |
| Act. The Agency may include among such
conditions standards and | 19 |
| other requirements established under this Act,
Board | 20 |
| regulations, the Safe Drinking Water Act (P.L. 93-523), as | 21 |
| amended,
and regulations pursuant thereto, and may include | 22 |
| schedules for achieving
compliance therewith. The Agency shall | 23 |
| require that a performance bond or
other security be provided | 24 |
| as a condition for the issuance of a UIC permit.
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| The Agency shall adopt filing requirements and procedures | 26 |
| 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, |
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| conduct
or other basis upon which the Agency will rely to | 2 |
| support its proposed action.
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| (3) Following such notice, the Agency shall give the | 4 |
| applicant an
opportunity for a hearing in accordance with | 5 |
| the provisions of Sections
10-25 through 10-60 of the | 6 |
| Illinois Administrative Procedure Act.
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| (g) The Agency shall include as conditions upon all permits | 8 |
| issued for
hazardous waste disposal sites such restrictions | 9 |
| upon the future use
of such sites as are reasonably necessary | 10 |
| to protect public health and
the environment, including | 11 |
| permanent prohibition of the use of such
sites for purposes | 12 |
| which may create an unreasonable risk of injury to human
health | 13 |
| or to the environment. After administrative and judicial | 14 |
| challenges
to such restrictions have been exhausted, the Agency | 15 |
| shall file such
restrictions of record in the Office of the | 16 |
| Recorder of the county in which
the hazardous waste disposal | 17 |
| site is located.
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| (h) A hazardous waste stream may not be deposited in a | 19 |
| permitted hazardous
waste site unless specific authorization | 20 |
| is obtained from the Agency by the
generator and disposal site | 21 |
| owner and operator for the deposit of that specific
hazardous | 22 |
| waste stream. The Agency may grant specific authorization for
| 23 |
| disposal of hazardous waste streams only after the generator | 24 |
| has reasonably
demonstrated that, considering
technological | 25 |
| feasibility and economic reasonableness, the hazardous waste
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| cannot be reasonably recycled for reuse, nor incinerated or |
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| chemically,
physically or biologically treated so as to | 2 |
| neutralize the hazardous waste
and render it nonhazardous. In | 3 |
| granting authorization under this Section,
the Agency may | 4 |
| impose such conditions as may be necessary to accomplish
the | 5 |
| purposes of the Act and are consistent with this Act and | 6 |
| regulations
promulgated by the Board hereunder. If the Agency | 7 |
| refuses to grant
authorization under this Section, the | 8 |
| applicant may appeal as if the Agency
refused to grant a | 9 |
| permit, pursuant to the provisions of subsection (a) of
Section | 10 |
| 40 of this Act. For purposes of this subsection (h), the term
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| "generator" has the meaning given in Section 3.205 of this Act,
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| unless: (1) the hazardous waste is treated, incinerated, or | 13 |
| partially recycled
for reuse prior to disposal, in which case | 14 |
| the last person who treats,
incinerates, or partially recycles | 15 |
| the hazardous waste prior to disposal is the
generator; or (2) | 16 |
| the hazardous waste is from a response action, in which case
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| the person performing the response action is the generator. | 18 |
| This subsection
(h) does not apply to any hazardous waste that | 19 |
| 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 | 21 |
| storage site,
sanitary landfill, waste disposal site, waste | 22 |
| transfer station, waste treatment
facility, waste incinerator, | 23 |
| or any waste-transportation operation, or any permit or interim | 24 |
| authorization for a clean construction or demolition debris | 25 |
| fill operation, the Agency
shall conduct an evaluation of the | 26 |
| prospective owner's or operator's prior
experience in waste |
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| management operations and clean construction or demolition | 2 |
| debris fill operations. The Agency may deny such a permit, or | 3 |
| deny or revoke interim authorization,
if the prospective owner | 4 |
| or operator or any employee or officer of the
prospective owner | 5 |
| or operator has a history of:
| 6 |
| (1) repeated violations of federal, State, or local | 7 |
| laws, regulations,
standards, or ordinances in the | 8 |
| operation of waste management facilities or
sites or clean | 9 |
| construction or demolition debris fill operation | 10 |
| facilities or sites; or
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| (2) conviction in this or another State of any crime | 12 |
| which is a felony
under the laws of this State, or | 13 |
| conviction of a felony in a federal court; or conviction in | 14 |
| this or another state or federal court of any of the | 15 |
| following crimes: forgery, official misconduct, bribery, | 16 |
| perjury, or knowingly submitting false information under | 17 |
| any environmental law, regulation, or permit term or | 18 |
| condition; or
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| (3) proof of gross carelessness or incompetence in | 20 |
| handling, storing,
processing, transporting or disposing | 21 |
| of waste or clean construction or demolition debris, or | 22 |
| proof of gross carelessness or incompetence in using clean | 23 |
| construction or demolition debris as fill.
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| (i-5) Before issuing any permit or approving any interim | 25 |
| authorization for a clean construction or demolition debris | 26 |
| fill operation in which any ownership interest is transferred |
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| between January 1, 2005, and the effective date of the | 2 |
| prohibition set forth in Section 22.52 of this Act, the Agency | 3 |
| shall conduct an evaluation of the operation if any previous | 4 |
| activities at the site or facility may have caused or allowed | 5 |
| contamination of the site. It shall be the responsibility of | 6 |
| the owner or operator seeking the permit or interim | 7 |
| authorization to provide to the Agency all of the information | 8 |
| necessary for the Agency to conduct its evaluation. The Agency | 9 |
| may deny a permit or interim authorization if previous | 10 |
| activities at the site may have caused or allowed contamination | 11 |
| at the site, unless such contamination is authorized under any | 12 |
| permit issued by the Agency.
| 13 |
| (j) The issuance under this Act of a permit to engage in | 14 |
| the surface mining
of any resources other than fossil fuels | 15 |
| shall not relieve
the permittee from its duty to comply with | 16 |
| any applicable local law regulating
the commencement, location | 17 |
| or operation of surface mining facilities.
| 18 |
| (k) A development permit issued under subsection (a) of | 19 |
| Section 39 for any
facility or site which is required to have a | 20 |
| permit under subsection (d) of
Section 21 shall expire at the | 21 |
| end of 2 calendar years from the date upon which
it was issued, | 22 |
| unless within that period the applicant has taken action to
| 23 |
| develop the facility or the site. In the event that review of | 24 |
| the
conditions of the development permit is sought pursuant to | 25 |
| Section 40 or
41, or permittee is prevented from commencing | 26 |
| development of the facility
or site by any other litigation |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| beyond the permittee's control, such
two-year period shall be | 2 |
| deemed to begin on the date upon which such review
process or | 3 |
| litigation is concluded.
| 4 |
| (l) No permit shall be issued by the Agency under this Act | 5 |
| for
construction or operation of any facility or site located | 6 |
| within the
boundaries of any setback zone established pursuant | 7 |
| to this Act, where such
construction or operation is | 8 |
| prohibited.
| 9 |
| (m) The Agency may issue permits to persons owning or | 10 |
| operating
a facility for composting landscape waste. In | 11 |
| granting such permits, the Agency
may impose such conditions as | 12 |
| may be necessary to accomplish the purposes of
this Act, and as | 13 |
| are not inconsistent with applicable regulations promulgated
| 14 |
| by the Board. Except as otherwise provided in this Act, a bond | 15 |
| or other
security shall not be required as a condition for the | 16 |
| issuance of a permit. If
the Agency denies any permit pursuant | 17 |
| to this subsection, the Agency shall
transmit to the applicant | 18 |
| within the time limitations of this subsection
specific, | 19 |
| detailed statements as to the reasons the permit application | 20 |
| was
denied. Such statements shall include but not be limited to | 21 |
| the following:
| 22 |
| (1) the Sections of this Act that may be violated if | 23 |
| the permit
were granted;
| 24 |
| (2) the specific regulations promulgated pursuant to | 25 |
| this
Act that may be violated if the permit were granted;
| 26 |
| (3) the specific information, if any, the Agency deems |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| the
applicant did not provide in its application to the | 2 |
| Agency; and
| 3 |
| (4) a statement of specific reasons why the Act and the | 4 |
| regulations
might be violated if the permit were granted.
| 5 |
| If no final action is taken by the Agency within 90 days | 6 |
| after the filing
of the application for permit, the applicant | 7 |
| may deem the permit issued.
Any applicant for a permit may | 8 |
| waive the 90 day limitation by filing a
written statement with | 9 |
| the Agency.
| 10 |
| The Agency shall issue permits for such facilities upon | 11 |
| receipt of an
application that includes a legal description of | 12 |
| the site, a topographic
map of the site drawn to the scale of | 13 |
| 200 feet to the inch or larger, a
description of the operation, | 14 |
| including the area served, an estimate of
the volume of | 15 |
| materials to be processed, and documentation that:
| 16 |
| (1) the facility includes a setback of at
least 200 | 17 |
| feet from the nearest potable water supply well;
| 18 |
| (2) the facility is located outside the boundary
of the | 19 |
| 10-year floodplain or the site will be floodproofed;
| 20 |
| (3) the facility is located so as to minimize
| 21 |
| incompatibility with the character of the surrounding | 22 |
| area, including at
least a 200 foot setback from any | 23 |
| residence, and in the case of a
facility that is developed | 24 |
| or the permitted composting area of which is
expanded after | 25 |
| November 17, 1991, the composting area is located at least | 26 |
| 1/8
mile from the nearest residence (other than a residence |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| located on the same
property as the facility);
| 2 |
| (4) the design of the facility will prevent any compost | 3 |
| material from
being placed within 5 feet of the water | 4 |
| table, will adequately control runoff
from the site, and | 5 |
| will collect and manage any leachate that is generated on
| 6 |
| the site;
| 7 |
| (5) the operation of the facility will include | 8 |
| appropriate dust
and odor control measures, limitations on | 9 |
| operating hours, appropriate
noise control measures for | 10 |
| shredding, chipping and similar equipment,
management | 11 |
| procedures for composting, containment and disposal of
| 12 |
| non-compostable wastes, procedures to be used for
| 13 |
| terminating operations at the site, and recordkeeping | 14 |
| sufficient to
document the amount of materials received, | 15 |
| composted and otherwise
disposed of; and
| 16 |
| (6) the operation will be conducted in accordance with | 17 |
| any applicable
rules adopted by the Board.
| 18 |
| The Agency shall issue renewable permits of not longer than | 19 |
| 10 years
in duration for the composting of landscape wastes, as | 20 |
| defined in Section
3.155 of this Act, based on the above | 21 |
| requirements.
| 22 |
| The operator of any facility permitted under this | 23 |
| subsection (m) must
submit a written annual statement to the | 24 |
| Agency on or before April 1 of
each year that includes an | 25 |
| estimate of the amount of material, in tons,
received for | 26 |
| composting.
|
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| (n) The Agency shall issue permits jointly with the | 2 |
| Department of
Transportation for the dredging or deposit of | 3 |
| material in Lake Michigan in
accordance with Section 18 of the | 4 |
| Rivers, Lakes, and Streams Act.
| 5 |
| (o) (Blank.)
| 6 |
| (p) (1) Any person submitting an application for a permit | 7 |
| for a new MSWLF
unit or for a lateral expansion under | 8 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF | 9 |
| unit that has not received and is not subject to local
siting | 10 |
| approval under Section 39.2 of this Act shall publish notice of | 11 |
| the
application in a newspaper of general circulation in the | 12 |
| county in which the
MSWLF unit is or is proposed to be located. | 13 |
| The notice must be published at
least 15 days before submission | 14 |
| of the permit application to the Agency. The
notice shall state | 15 |
| the name and address of the applicant, the location of the
| 16 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the | 17 |
| MSWLF unit or
proposed MSWLF unit, the nature of the activity | 18 |
| proposed, the probable life of
the proposed activity, the date | 19 |
| the permit application will be submitted, and a
statement that | 20 |
| persons may file written comments with the Agency concerning | 21 |
| the
permit application within 30 days after the filing of the | 22 |
| permit application
unless the time period to submit comments is | 23 |
| extended by the Agency.
| 24 |
| When a permit applicant submits information to the Agency | 25 |
| to supplement a
permit application being reviewed by the | 26 |
| Agency, the applicant shall not be
required to reissue the |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| notice under this subsection.
| 2 |
| (2) The Agency shall accept written comments concerning the | 3 |
| permit
application that are postmarked no later than 30 days | 4 |
| after the
filing of the permit application, unless the time | 5 |
| period to accept comments is
extended by the Agency.
| 6 |
| (3) Each applicant for a permit described in part (1) of | 7 |
| this subsection
shall file a
copy of the permit application | 8 |
| with the county board or governing body of the
municipality in | 9 |
| which the MSWLF unit is or is proposed to be located at the
| 10 |
| same time the application is submitted to the Agency. The | 11 |
| permit application
filed with the county board or governing | 12 |
| body of the municipality shall include
all documents submitted | 13 |
| to or to be submitted to the Agency, except trade
secrets as | 14 |
| determined under Section 7.1 of this Act. The permit | 15 |
| application
and other documents on file with the county board | 16 |
| or governing body of the
municipality shall be made available | 17 |
| for public inspection during regular
business hours at the | 18 |
| office of the county board or the governing body of the
| 19 |
| municipality and may be copied upon payment of the actual cost | 20 |
| of
reproduction.
| 21 |
| (Source: P.A. 93-575, eff. 1-1-04; 94-272, eff. 7-19-05; | 22 |
| 94-725, eff. 6-1-06 .)
| 23 |
| (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
| 24 |
| Sec. 39.2. Local siting review.
| 25 |
| (a) The county board of the county or the governing body of |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| the
municipality, as determined by paragraph (c) of Section 39 | 2 |
| of this Act, shall
approve or disapprove the request for local | 3 |
| siting approval for each pollution
control facility which is | 4 |
| subject to such review. An applicant for local
siting approval | 5 |
| shall submit sufficient details describing the proposed
| 6 |
| facility to demonstrate compliance, and local siting approval | 7 |
| shall be granted
only if the proposed facility meets the | 8 |
| following criteria:
| 9 |
| (i) the facility is necessary to accommodate the waste | 10 |
| needs of the area
it is intended to serve;
| 11 |
| (ii) the facility is so designed, located and proposed | 12 |
| to be operated
that the public health, safety and welfare | 13 |
| will be protected;
| 14 |
| (iii) the facility is located so as to minimize | 15 |
| incompatibility with the
character of the surrounding area | 16 |
| and to minimize the effect on the value of
the surrounding | 17 |
| property;
| 18 |
| (iv) (A) for a facility other than a sanitary landfill | 19 |
| or waste disposal
site, the facility is located outside the | 20 |
| boundary of the 100 year flood plain
or the site is | 21 |
| flood-proofed; (B) for a facility that is a sanitary | 22 |
| landfill
or waste disposal site, the facility is located | 23 |
| outside the boundary of the
100-year floodplain, or if the | 24 |
| facility is a facility described in subsection
(b)(3) of | 25 |
| Section 22.19a, the site is flood-proofed;
| 26 |
| (v) the plan of operations for the facility is designed |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| to minimize
the danger to the surrounding area from fire, | 2 |
| spills, or other operational
accidents;
| 3 |
| (vi) the traffic patterns to or from the facility are | 4 |
| so designed as to
minimize the impact on existing traffic | 5 |
| flows;
| 6 |
| (vii) if the facility will be treating, storing or | 7 |
| disposing of
hazardous waste, an emergency response plan | 8 |
| exists for the facility which
includes notification, | 9 |
| containment and evacuation procedures to be used in
case of | 10 |
| an accidental release;
| 11 |
| (viii) if the facility is to be located in a county | 12 |
| where the county
board has adopted a solid waste management | 13 |
| plan consistent with the planning
requirements of the Local | 14 |
| Solid Waste Disposal Act or the Solid Waste Planning
and | 15 |
| Recycling Act, the facility is
consistent with that plan; | 16 |
| for purposes of this criterion (viii), the "solid waste | 17 |
| management plan" means the plan that is in effect as of the | 18 |
| date the application for siting approval is filed; and
| 19 |
| (ix) if the facility will be located within a regulated | 20 |
| recharge area,
any applicable requirements specified by | 21 |
| the Board for such areas have been
met.
| 22 |
| The county board or the governing body of the municipality | 23 |
| may also
consider as evidence the previous operating experience | 24 |
| and past record of
convictions or admissions of violations of | 25 |
| the applicant (and any subsidiary
or parent corporation) in the | 26 |
| field of solid waste management when
considering criteria (ii) |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| and (v) under this Section. | 2 |
| If the facility is subject to the location restrictions in | 3 |
| Section 22.14 of this Act, compliance with that Section shall | 4 |
| be determined as of the date the application for siting | 5 |
| approval is filed.
| 6 |
| (b) No later than 14 days before the date on which the | 7 |
| county board or
governing body of the municipality receives a | 8 |
| request for
site approval, the applicant shall cause written | 9 |
| notice
of such request to be served either in person or by | 10 |
| registered mail, return
receipt requested, on the owners of all | 11 |
| property within the subject area not
solely owned by the | 12 |
| applicant, and on the owners of all property within 250
feet in | 13 |
| each direction of the lot line of the subject property, said | 14 |
| owners
being such persons or entities which appear from the | 15 |
| authentic tax records of
the County in which such facility is | 16 |
| to be located; provided, that the number
of all feet occupied | 17 |
| by all public roads, streets, alleys and other public ways
| 18 |
| shall be excluded in computing the 250 feet requirement; | 19 |
| provided further, that
in no event shall this requirement | 20 |
| exceed 400 feet, including public streets,
alleys and other | 21 |
| public ways.
| 22 |
| Such written notice shall also be served upon members of | 23 |
| the General Assembly
from the legislative district in which the | 24 |
| proposed facility is located
and shall be published in a | 25 |
| newspaper of general circulation published in
the county in | 26 |
| which the site is located.
|
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| Such notice shall state the name and address of the | 2 |
| applicant, the location
of the proposed site, the nature and | 3 |
| size of the development, the nature of the
activity proposed, | 4 |
| the probable life of the proposed activity, the date when
the | 5 |
| request for site approval will be submitted, and a description | 6 |
| of the right
of persons to comment on such request as hereafter | 7 |
| provided.
| 8 |
| (c) An applicant shall file a copy of its request with the | 9 |
| county board
of the county or the governing body of the | 10 |
| municipality in which the proposed
site is located. The request | 11 |
| shall include (i) the substance of the
applicant's proposal and | 12 |
| (ii) all documents, if any, submitted as of that date
to the | 13 |
| Agency pertaining to the proposed facility, except trade | 14 |
| secrets as
determined under Section 7.1 of this Act. All such | 15 |
| documents or other
materials on file with the county board or | 16 |
| governing body of the municipality
shall be made available for | 17 |
| public inspection at the office of the county board
or the | 18 |
| governing body of the municipality and may be copied upon | 19 |
| payment of the
actual cost of reproduction.
| 20 |
| Any person may file written comment with the county board | 21 |
| or governing
body of the municipality concerning the | 22 |
| appropriateness of the proposed
site for its intended purpose. | 23 |
| The county board or governing body of the
municipality shall | 24 |
| consider any comment received or postmarked not later
than 30 | 25 |
| days after the date of the last public hearing.
| 26 |
| (d) At least one public hearing is to be held by the county |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| board or
governing body of the municipality no sooner than 90 | 2 |
| days but no later than
120 days after the date on which it | 3 |
| received the
request for site approval. No later than 14 days | 4 |
| prior to such hearing,
notice shall be published in a newspaper | 5 |
| of general circulation published in
the county of the proposed | 6 |
| site, and delivered by certified mail to all members
of the | 7 |
| General Assembly from the district in which the proposed site | 8 |
| is
located, to the governing authority of every municipality | 9 |
| contiguous to the
proposed site or contiguous to the | 10 |
| municipality in which the proposed site is
to be located, to | 11 |
| the county board of the county where the proposed site is to
be | 12 |
| located, if the proposed site is located within the boundaries | 13 |
| of a
municipality, and to the Agency. Members or | 14 |
| representatives of the governing
authority of a municipality | 15 |
| contiguous to the proposed site or contiguous to
the | 16 |
| municipality in which the proposed site is to be located and, | 17 |
| if the
proposed site is located in a municipality, members or | 18 |
| representatives of the
county board of a county in which the | 19 |
| proposed site is to be located may appear
at and participate in | 20 |
| public hearings held pursuant to this Section. The
public | 21 |
| hearing shall develop a record sufficient to form the basis of | 22 |
| appeal
of the decision in accordance with Section 40.1 of this | 23 |
| Act. The fact that a
member of the county board or governing | 24 |
| body of the municipality has publicly
expressed an opinion on | 25 |
| an issue related to a site review proceeding shall not
preclude | 26 |
| the member from taking part in the proceeding and voting on the |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| issue.
| 2 |
| (e) Decisions of the county board or governing body of the | 3 |
| municipality
are to be in writing, specifying the reasons for | 4 |
| the decision, such reasons
to be in conformance with subsection | 5 |
| (a) of this Section. In granting approval
for a site the county | 6 |
| board or governing body of the municipality may impose
such | 7 |
| conditions as may be reasonable and necessary to accomplish the | 8 |
| purposes
of this Section and as are not inconsistent with | 9 |
| regulations promulgated
by the Board. Such decision shall be | 10 |
| available for public inspection at
the office of the county | 11 |
| board or governing body of the municipality and
may be copied | 12 |
| upon payment of the actual cost of reproduction. If there is
no | 13 |
| final action by the county board or governing body of the | 14 |
| municipality
within 180 days after the date on which it | 15 |
| received the
request for site approval, the applicant may deem | 16 |
| the request approved.
| 17 |
| At any time prior to completion by the applicant of the | 18 |
| presentation of
the applicant's factual evidence and an | 19 |
| opportunity for cross-questioning
by the county board or | 20 |
| governing body of the municipality and any participants,
the | 21 |
| applicant may file not more than one amended application upon | 22 |
| payment
of additional fees pursuant to subsection (k); in which | 23 |
| case the time
limitation for final action set forth in this | 24 |
| subsection (e) shall
be extended for an additional period of 90 | 25 |
| days.
| 26 |
| If, prior to making a final local siting decision, a county |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| board or
governing body of a municipality has negotiated and | 2 |
| entered into a host
agreement with the local siting applicant, | 3 |
| the terms and conditions of
the host agreement, whether written | 4 |
| or oral, shall be disclosed and made
a part of the hearing | 5 |
| record for that local siting proceeding.
In the case of an oral | 6 |
| agreement, the disclosure shall be made in the form
of a | 7 |
| written summary jointly prepared and submitted by the county | 8 |
| board or
governing body of the municipality and the siting | 9 |
| applicant and shall describe
the terms and conditions of the | 10 |
| oral agreement.
| 11 |
| (e-5) Siting approval obtained pursuant to this Section is | 12 |
| transferable
and may be transferred to a subsequent owner or | 13 |
| operator. In the event that
siting approval has been | 14 |
| transferred to a subsequent owner or operator, that
subsequent | 15 |
| owner or operator assumes and takes subject to any and all
| 16 |
| conditions imposed upon the prior owner or operator by the | 17 |
| county board of
the county or governing body of the | 18 |
| municipality pursuant to subsection (e).
However, any such | 19 |
| conditions imposed pursuant to this Section may be modified
by | 20 |
| agreement between the subsequent owner or operator and the | 21 |
| appropriate
county board or governing body. Further, in the | 22 |
| event that siting approval
obtained pursuant to this Section | 23 |
| has been transferred to a subsequent owner or
operator, that | 24 |
| subsequent owner or operator assumes all rights and obligations
| 25 |
| and takes the facility subject to any and all terms and | 26 |
| conditions of any
existing host agreement between the prior |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| owner or operator and the appropriate
county board or governing | 2 |
| body.
| 3 |
| (f) A local siting approval granted under this Section | 4 |
| shall expire at
the end of 2 calendar years from the date upon | 5 |
| which it was granted, unless
the local siting approval granted | 6 |
| under this Section is for a sanitary landfill
operation, in | 7 |
| which case the approval shall expire at the end of 3 calendar
| 8 |
| years from the date upon which it was granted, and unless | 9 |
| within that period
the applicant has made application to the | 10 |
| Agency for a
permit to develop the site. In the event that the | 11 |
| local siting decision has
been appealed, such expiration period | 12 |
| shall be deemed to begin on the date
upon which the appeal | 13 |
| process is concluded.
| 14 |
| Except as otherwise provided in this subsection, upon the | 15 |
| expiration
of a development permit under subsection (k) of | 16 |
| Section 39, any associated
local siting approval granted for | 17 |
| the facility under this Section shall also
expire.
| 18 |
| If a first development permit for a municipal waste | 19 |
| incineration
facility expires under subsection (k) of Section | 20 |
| 39 after September 30,
1989 due to circumstances beyond the | 21 |
| control of the applicant, any
associated local siting approval | 22 |
| granted for the facility under this
Section may be used to | 23 |
| fulfill the local siting approval requirement upon
application | 24 |
| for a second development permit for the same site, provided
| 25 |
| that the proposal in the new application is materially the | 26 |
| same, with respect
to the criteria in subsection (a) of this |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| Section, as the proposal that
received the original siting | 2 |
| approval, and application for the second
development permit is | 3 |
| made before January 1, 1990.
| 4 |
| (g) The siting approval procedures, criteria and appeal | 5 |
| procedures
provided for in this Act for new pollution control | 6 |
| facilities
shall be the exclusive siting procedures and rules | 7 |
| and appeal procedures
for facilities subject to such | 8 |
| procedures. Local zoning or other local land
use requirements | 9 |
| shall not be applicable to such siting decisions.
| 10 |
| (h) Nothing in this Section shall apply to any existing or | 11 |
| new
pollution control facility located within the corporate | 12 |
| limits of
a municipality with a population of over 1,000,000.
| 13 |
| (i) (Blank.)
| 14 |
| The Board shall adopt regulations establishing the | 15 |
| geologic and
hydrologic siting criteria necessary to protect | 16 |
| usable groundwater
resources which are to be followed by the | 17 |
| Agency in its review of permit
applications for new pollution | 18 |
| control facilities. Such
regulations, insofar as they apply to | 19 |
| new pollution control
facilities authorized to store, treat or | 20 |
| dispose of any hazardous waste,
shall be at least as stringent | 21 |
| as the requirements of the Resource
Conservation and Recovery | 22 |
| Act and any State or federal regulations adopted
pursuant | 23 |
| thereto.
| 24 |
| (j) Any new pollution control facility which has never | 25 |
| obtained local
siting approval under the provisions of this | 26 |
| Section shall be required to
obtain such approval after a final |
|
|
|
HB0316 |
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LRB095 03761 CMK 23790 b |
|
| 1 |
| decision on an appeal of a permit denial.
| 2 |
| (k) A county board or governing body of a municipality may | 3 |
| charge
applicants for siting review under this Section a | 4 |
| reasonable fee to cover
the reasonable and necessary costs | 5 |
| incurred by such county or municipality
in the siting review | 6 |
| process.
| 7 |
| (l) The governing Authority as determined by subsection (c) | 8 |
| of Section
39 of this Act may request the Department of | 9 |
| Transportation to perform
traffic impact studies of proposed or | 10 |
| potential locations for required
pollution control facilities.
| 11 |
| (m) An applicant may not file a request for local siting | 12 |
| approval which is
substantially the same as a request which was | 13 |
| disapproved pursuant to a
finding against the applicant under | 14 |
| any of criteria (i) through (ix) of
subsection (a) of this | 15 |
| Section within the preceding 2 years.
| 16 |
| (n) In any review proceeding of a decision of the county | 17 |
| board or
governing body of a municipality made pursuant to the | 18 |
| local
siting review process, the petitioner in the review | 19 |
| proceeding shall pay to
the county or municipality the cost of | 20 |
| preparing and certifying the record
of proceedings. Should the | 21 |
| petitioner in the review proceeding fail to make
payment, the | 22 |
| provisions of Section 3-109 of the Code of Civil
Procedure | 23 |
| shall apply.
| 24 |
| In the event the petitioner is a citizens' group that | 25 |
| participated in the
siting proceeding and is so located as to | 26 |
| be affected by the proposed
facility, such petitioner shall be |
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HB0316 |
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LRB095 03761 CMK 23790 b |
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| 1 |
| exempt from paying the costs of
preparing and certifying the | 2 |
| record.
| 3 |
| (o) Notwithstanding any other provision of this Section, a | 4 |
| transfer
station used exclusively for landscape waste, where | 5 |
| landscape waste is held
no longer than 24 hours from the time | 6 |
| it was received, is not subject to the
requirements of local | 7 |
| siting approval under this Section, but is subject only
to | 8 |
| local zoning approval.
| 9 |
| (Source: P.A. 94-591, eff. 8-15-05.)
| 10 |
| (415 ILCS 115/Act rep.)
| 11 |
| Section 10. The Illinois Pollution Prevention Act is | 12 |
| repealed. | 13 |
| Section 97. Applicability. The changes made by Section 5 of | 14 |
| this amendatory Act of the 95th General Assembly apply only to | 15 |
| siting applications filed on or after the effective date of | 16 |
| this amendatory Act.
| 17 |
| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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|