Full Text of SB0184 95th General Assembly
SB0184ham002 95TH GENERAL ASSEMBLY
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Rep. Roger L. Eddy
Filed: 5/29/2007
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| AMENDMENT TO SENATE BILL 184
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| AMENDMENT NO. ______. Amend Senate Bill 184 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Private Sewage Disposal Licensing Act is | 5 |
| amended by changing Sections 3 and 7 as follows:
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| (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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| Sec. 3. As used in this Act, unless the context otherwise | 8 |
| requires: | 9 |
| (1) "Domestic Sewage" means waste water derived | 10 |
| principally from
dwellings, business or office buildings, | 11 |
| institutions, food service
establishments, and similar | 12 |
| facilities.
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| (2) "Director" means Director of the Illinois Department of | 14 |
| Public Health.
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| (3) "Department" means the Illinois Department of Public | 16 |
| Health.
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| (4) "Human Wastes" means undigested food and by-products of | 2 |
| metabolism
which are passed out of the human body.
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| (5) "Person" means any individual, group of individuals, | 4 |
| association,
trust, partnership, corporation, person doing | 5 |
| business under an assumed
name, the State of Illinois or any | 6 |
| Department thereof, or any other entity.
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| (6) "Population Equivalent" means an average waste loading | 8 |
| equivalent to
that produced by one person which is defined as | 9 |
| 100 gallons per day.
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| (7) "Private Sewage Disposal System" means any sewage | 11 |
| handling or
treatment facility receiving domestic sewage from | 12 |
| less than 15 people or
population equivalent and having a | 13 |
| ground surface discharge or any sewage
handling or treatment | 14 |
| facility receiving domestic sewage and having no
ground surface | 15 |
| discharge.
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| (8) "Private Sewage Disposal System Installation | 17 |
| Contractor" means
any person constructing, installing, | 18 |
| repairing, modifying, or
maintaining private sewage disposal | 19 |
| systems.
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| (9) "Property Owner" means the person in whose name legal | 21 |
| title to the
real estate is recorded.
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| (10) "Waste" means either human waste or domestic sewage or | 23 |
| both.
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| (11) "Private Sewage Disposal System Pumping Contractor" | 25 |
| means any
person who cleans or pumps waste from a private | 26 |
| sewage disposal system or
hauls or disposes of wastes removed |
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| therefrom.
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| (12) "NPDES" means the National Pollutant Discharge | 3 |
| Elimination System.
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| (13) "Surface discharging private sewage disposal system" | 5 |
| means a sewage disposal system that discharges into waters of | 6 |
| the United States, as that term is used in the Federal Clean | 7 |
| Water Act.
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| (Source: P.A. 84-670 .)
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| (225 ILCS 225/7) (from Ch. 111 1/2, par. 116.307)
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| Sec. 7.
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| (a) The Department shall promulgate and publish and may | 12 |
| from time to time
amend a private sewage disposal code which | 13 |
| shall include minimum standards
for the design, construction, | 14 |
| materials, operation and maintenance of
private sewage | 15 |
| disposal systems, for the transportation and disposal of
wastes | 16 |
| removed therefrom and for private sewage disposal system | 17 |
| servicing
equipment. In the preparation of the private sewage | 18 |
| disposal code, the
Department may consult with and request | 19 |
| technical assistance from other
state agencies, and shall | 20 |
| consult with other technically qualified
persons
and with | 21 |
| owners and operators of such services.
Such technically | 22 |
| qualified persons shall include representatives of the real
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| estate, development, and building industries.
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| (b) The Department is expressly prohibited from amending | 25 |
| the private sewage
disposal code by rule if there are increases |
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| in the land density requirements.
Amendments that increase the | 2 |
| land density requirements must be approved by the
Illinois | 3 |
| General Assembly.
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| (c) Beginning January 1, 2008, an owner of a surface | 5 |
| discharging private sewage disposal system must file a Notice | 6 |
| of Intent with the Environmental Protection Agency to allow | 7 |
| coverage of the system under the State's General NPDES permit.
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| (1) No fee may be charged for the NPDES Permit required | 9 |
| in this subsection.
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| (2) An owner of a newly installed surface discharging | 11 |
| private sewage disposal system, installed on or after | 12 |
| January 1, 2008, shall demonstrate maintenance and | 13 |
| compliance on the Notice of Intent. Samples and | 14 |
| measurements shall be required no more frequently than one | 15 |
| time annually and shall be representative of the monitored | 16 |
| activity. Additional sampling may only be required by the | 17 |
| Illinois Environmental Protection Agency as a result of | 18 |
| non-compliance with the issued NPDES permit.
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| (3) An owner of a surface discharging private sewage | 20 |
| disposal system installed before January 1, 2008 shall file | 21 |
| a Notice of Intent with the Environmental Protection Agency | 22 |
| to allow coverage of the system under the General NPDES | 23 |
| permit of the State. Maintenance and compliance activities | 24 |
| may be required only as a result of ownership transfer or | 25 |
| water pollution as defined in the Environmental Protection | 26 |
| Act.
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| (d) Except as provided in subsection (c) of this Section, | 2 |
| before
Before the adoption or amendment of the private sewage | 3 |
| disposal code,
the Department shall hold a public hearing with | 4 |
| respect thereto. At least
20 days' notice for such public | 5 |
| hearing shall be given by the Department in
such manner as the | 6 |
| Department considers adequate to bring such hearing to
the | 7 |
| attention of persons interested in such code. Notice of such | 8 |
| public
hearing shall be given by the Department to those who | 9 |
| file a request for a
notice of any such hearings.
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| (Source: P.A. 88-690, eff. 1-24-95.)
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| Section 10. The Environmental Protection Act is amended by | 12 |
| changing Section 39 and by adding Section 3.487 as follows: | 13 |
| (415 ILCS 5/3.487 new) | 14 |
| Sec. 3.487. Surface discharging private sewage disposal | 15 |
| system. "Surface discharging private sewage disposal system" | 16 |
| means a sewage disposal system that discharges into waters of | 17 |
| the United States as that term is used in the Federal Clean | 18 |
| Water Act.
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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 | 23 |
| facility,
equipment, vehicle, vessel, or aircraft, the |
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| applicant shall apply to
the Agency for such permit and it | 2 |
| shall be the duty of the Agency to
issue such a permit upon | 3 |
| proof by the applicant that the facility,
equipment, vehicle, | 4 |
| vessel, or aircraft will not cause a violation of
this Act or | 5 |
| of regulations hereunder. The Agency shall adopt such
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| procedures as are necessary to carry out its duties under this | 7 |
| Section.
In making its determinations on permit applications | 8 |
| under this Section the Agency may consider prior adjudications | 9 |
| of
noncompliance with this Act by the applicant that involved a | 10 |
| release of a
contaminant into the environment. In granting | 11 |
| permits, the Agency
may impose reasonable conditions | 12 |
| specifically related to the applicant's past
compliance | 13 |
| history with this Act as necessary to correct, detect, or
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| prevent noncompliance. The Agency may impose such other | 15 |
| conditions
as may be necessary to accomplish the purposes of | 16 |
| this Act, and as are not
inconsistent with the regulations | 17 |
| promulgated by the Board hereunder. Except as
otherwise | 18 |
| provided in this Act, a bond or other security shall not be | 19 |
| required
as a condition for the issuance of a permit. If the | 20 |
| Agency denies any permit
under this Section, the Agency shall | 21 |
| transmit to the applicant within the time
limitations of this | 22 |
| Section specific, detailed statements as to the reasons the
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| permit application was denied. Such statements shall include, | 24 |
| but not be
limited to the following:
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| (i) the Sections of this Act which may be violated if | 26 |
| the permit
were granted;
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| (ii) the provision of the regulations, promulgated | 2 |
| under this Act,
which may be violated if the permit were | 3 |
| granted;
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| (iii) the specific type of information, if any, which | 5 |
| the Agency
deems the applicant did not provide the Agency; | 6 |
| and
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| (iv) a statement of specific reasons why the Act and | 8 |
| the regulations
might not be met if the permit were | 9 |
| granted.
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| If there is no final action by the Agency within 90 days | 11 |
| after the
filing of the application for permit, the applicant | 12 |
| may deem the permit
issued; except that this time period shall | 13 |
| be extended to 180 days when
(1) notice and opportunity for | 14 |
| public hearing are required by State or
federal law or | 15 |
| regulation, (2) the application which was filed is for
any | 16 |
| permit to develop a landfill subject to issuance pursuant to | 17 |
| this
subsection, or (3) the application that was filed is for a | 18 |
| MSWLF unit
required to issue public notice under subsection (p) | 19 |
| of Section 39. The
90-day and 180-day time periods for the | 20 |
| Agency to take final action do not
apply to NPDES permit | 21 |
| applications under subsection (b) of this Section,
to RCRA | 22 |
| permit applications under subsection (d) of this Section, or
to | 23 |
| UIC permit applications under subsection (e) of this Section.
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| The Agency shall publish notice of all final permit | 25 |
| determinations for
development permits for MSWLF units and for | 26 |
| significant permit modifications
for lateral expansions for |
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| existing MSWLF units one time in a newspaper of
general | 2 |
| circulation in the county in which the unit is or is proposed | 3 |
| to be
located.
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| After January 1, 1994 and until July 1, 1998, operating | 5 |
| permits issued under
this Section by the
Agency for sources of | 6 |
| air pollution permitted to emit less than 25 tons
per year of | 7 |
| 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 | 9 |
| upon written
request by the Agency consistent with applicable | 10 |
| provisions of this Act and
regulations promulgated hereunder. | 11 |
| Such operating permits shall expire
180 days after the date of | 12 |
| such a request. The Board shall revise its
regulations for the | 13 |
| 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 | 16 |
| Section by the
Agency for sources of air pollution that are not | 17 |
| subject to Section 39.5 of
this Act and are not required to | 18 |
| have a federally enforceable State operating
permit shall be | 19 |
| required to be renewed only upon written request by the Agency
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| consistent with applicable provisions of this Act and its | 21 |
| rules. Such
operating permits shall expire 180 days after the | 22 |
| date of such a request.
Before July 1, 1998, the Board shall | 23 |
| revise its rules for the existing State
air pollution operating | 24 |
| permit program consistent with this paragraph and shall
adopt | 25 |
| rules that require a source to demonstrate that it qualifies | 26 |
| for a permit
under this paragraph.
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| (b) The Agency may issue NPDES permits exclusively under | 2 |
| this
subsection for the discharge of contaminants from point | 3 |
| sources into
navigable waters, all as defined in the Federal | 4 |
| Water Pollution Control
Act, as now or hereafter amended, | 5 |
| within the jurisdiction of the
State, or into any well.
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| All NPDES permits shall contain those terms and conditions, | 7 |
| including
but not limited to schedules of compliance, which may | 8 |
| be required to
accomplish the purposes and provisions of this | 9 |
| Act.
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| The Agency may issue general NPDES permits for discharges | 11 |
| from categories
of point sources which are subject to the same | 12 |
| permit limitations and
conditions. Such general permits may be | 13 |
| issued without individual
applications and shall conform to | 14 |
| regulations promulgated under Section 402
of the Federal Water | 15 |
| Pollution Control Act, as now or hereafter amended.
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| The Agency may include, among such conditions, effluent | 17 |
| limitations
and other requirements established under this Act, | 18 |
| Board regulations,
the Federal Water Pollution Control Act, as | 19 |
| now or hereafter amended, and
regulations pursuant thereto, and | 20 |
| schedules for achieving compliance
therewith at the earliest | 21 |
| reasonable date.
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| The Agency shall adopt filing requirements and procedures | 23 |
| which are
necessary and appropriate for the issuance of NPDES | 24 |
| permits, and which
are consistent with the Act or regulations | 25 |
| adopted by the Board, and
with the Federal Water Pollution | 26 |
| Control Act, as now or hereafter
amended, and regulations |
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| pursuant thereto.
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| The Agency, subject to any conditions which may be | 3 |
| prescribed by
Board regulations, may issue NPDES permits to | 4 |
| allow discharges beyond
deadlines established by this Act or by | 5 |
| regulations of the Board without
the requirement of a variance, | 6 |
| subject to the Federal Water Pollution
Control Act, as now or | 7 |
| hereafter amended, and regulations pursuant thereto.
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| Notwithstanding any provision of this Act or any rule | 9 |
| adopted by the Agency in accordance with this Act, beginning | 10 |
| January 1, 2008 an owner of a surface discharging private | 11 |
| sewage disposal system must file a Notice of Intent with the | 12 |
| Agency to allow coverage of the system under the State's | 13 |
| General NPDES permit.
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| (1) No fee may be charged for the NPDES permit required | 15 |
| in this subsection.
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| (2) An owner of a newly installed surface discharging | 17 |
| private sewage disposal system, installed on or after | 18 |
| January 1, 2008, shall demonstrate maintenance and | 19 |
| compliance on the Notice of Intent. Samples and | 20 |
| measurements shall be required no more frequently than one | 21 |
| time annually and shall be representative of the monitored | 22 |
| activity. Additional sampling may only be required by the | 23 |
| Agency as a result of non-compliance with the issued NPDES | 24 |
| permit.
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| (3) An owner of a surface discharging private sewage | 26 |
| disposal system installed before January 1, 2008 shall file |
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| a Notice of Intent with the Agency to allow coverage of the | 2 |
| system under the General NPDES permit of the State. | 3 |
| Maintenance and compliance activities may be required only | 4 |
| as a result of ownership transfer or water pollution as | 5 |
| defined in Section 3.545 of this Act.
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| (c) Except for those facilities owned or operated by | 7 |
| sanitary districts
organized under the Metropolitan Water | 8 |
| Reclamation District Act, no
permit for the development or | 9 |
| construction of a new pollution control
facility may be granted | 10 |
| by the Agency unless the applicant submits proof to the
Agency | 11 |
| that the location of the facility has been approved by the | 12 |
| County Board
of the county if in an unincorporated area, or the | 13 |
| governing body of the
municipality when in an incorporated | 14 |
| area, in which the facility is to be
located in accordance with | 15 |
| Section 39.2 of this Act.
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| In the event that siting approval granted pursuant to | 17 |
| Section 39.2 has
been transferred to a subsequent owner or | 18 |
| operator, that subsequent owner or
operator may apply to the | 19 |
| Agency for, and the Agency may grant, a development
or | 20 |
| construction permit for the facility for which local siting | 21 |
| approval was
granted. Upon application to the Agency for a | 22 |
| development or
construction permit by that subsequent owner or | 23 |
| operator,
the permit applicant shall cause written notice of | 24 |
| the permit application
to be served upon the appropriate county | 25 |
| board or governing body of the
municipality that granted siting | 26 |
| approval for that facility and upon any party
to the siting |
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| proceeding pursuant to which siting approval was granted. In
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| that event, the Agency shall conduct an evaluation of the | 3 |
| subsequent owner or
operator's prior experience in waste | 4 |
| management operations in the manner
conducted under subsection | 5 |
| (i) of Section 39 of this Act.
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| Beginning August 20, 1993, if the pollution control | 7 |
| facility consists of a
hazardous or solid waste disposal | 8 |
| facility for which the proposed site is
located in an | 9 |
| 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 | 11 |
| was, on April 1,
1993, adjacent to a municipality having a | 12 |
| population of less than 5,000, then
the local siting review | 13 |
| required under this subsection (c) in conjunction with
any | 14 |
| permit applied for after that date shall be performed by the | 15 |
| governing body
of that adjacent municipality rather than the | 16 |
| county board of the county in
which the proposed site is | 17 |
| located; and for the purposes of that local siting
review, any | 18 |
| references in this Act to the county board shall be deemed to | 19 |
| mean
the governing body of that adjacent municipality; | 20 |
| provided, however, that the
provisions of this paragraph shall | 21 |
| not apply to any proposed site which was, on
April 1, 1993, | 22 |
| 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 | 25 |
| operating
permit has not been issued by the Agency prior to | 26 |
| August 31, 1989 for
any portion of the facility, then the |
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| Agency may not issue or renew any
development permit nor issue | 2 |
| an original operating permit for any portion of
such facility | 3 |
| 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 | 5 |
| county board or
municipal governing body pursuant to Section | 6 |
| 39.2 of this Act.
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| After January 1, 1994, if a solid waste
disposal facility, | 8 |
| any portion for which an operating permit has been issued by
| 9 |
| the Agency, has not accepted waste disposal for 5 or more | 10 |
| consecutive calendars
years, before that facility may accept | 11 |
| any new or additional waste for
disposal, the owner and | 12 |
| operator must obtain a new operating permit under this
Act for | 13 |
| that facility unless the owner and operator have applied to the | 14 |
| Agency
for a permit authorizing the temporary suspension of | 15 |
| waste acceptance. The
Agency may not issue a new operation | 16 |
| permit under this Act for the facility
unless the applicant has | 17 |
| submitted proof to the Agency that the location of the
facility | 18 |
| has been approved or re-approved by the appropriate county | 19 |
| board or
municipal governing body under Section 39.2 of this | 20 |
| Act after the facility
ceased accepting waste.
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| Except for those facilities owned or operated by sanitary | 22 |
| districts
organized under the Metropolitan Water Reclamation | 23 |
| District Act, and
except for new pollution control facilities | 24 |
| governed by Section 39.2,
and except for fossil fuel mining | 25 |
| facilities, the granting of a permit under
this Act shall not | 26 |
| relieve the applicant from meeting and securing all
necessary |
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| 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 | 4 |
| plant or sludge
drying site to be owned or operated by a | 5 |
| sanitary district organized under
the Metropolitan Water | 6 |
| Reclamation District Act for which a new
permit (rather than | 7 |
| the renewal or amendment of an existing permit) is
required, | 8 |
| such sanitary district shall hold a public hearing within the
| 9 |
| municipality within which the proposed facility is to be | 10 |
| located, or within the
nearest community if the proposed | 11 |
| facility is to be located within an
unincorporated area, at | 12 |
| which information concerning the proposed facility
shall be | 13 |
| made available to the public, and members of the public shall | 14 |
| be given
the opportunity to express their views concerning the | 15 |
| proposed facility.
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| The Agency may issue a permit for a municipal waste | 17 |
| transfer station
without requiring approval pursuant to | 18 |
| Section 39.2 provided that the following
demonstration is made:
| 19 |
| (1) the municipal waste transfer station was in | 20 |
| existence on or before
January 1, 1979 and was in | 21 |
| continuous operation from January 1, 1979 to January
1, | 22 |
| 1993;
| 23 |
| (2) the operator submitted a permit application to the | 24 |
| Agency to develop
and operate the municipal waste transfer | 25 |
| station during April of 1994;
| 26 |
| (3) the operator can demonstrate that the county board |
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| of the county, if
the municipal waste transfer station is | 2 |
| in an unincorporated area, or the
governing body of the | 3 |
| municipality, if the station is in an incorporated area,
| 4 |
| does not object to resumption of the operation of the | 5 |
| station; and
| 6 |
| (4) the site has local zoning approval.
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| (d) The Agency may issue RCRA permits exclusively under | 8 |
| this
subsection to persons owning or operating a facility for | 9 |
| the treatment,
storage, or disposal of hazardous waste as | 10 |
| defined under this Act.
| 11 |
| All RCRA permits shall contain those terms and conditions, | 12 |
| including but
not limited to schedules of compliance, which may | 13 |
| be required to accomplish
the purposes and provisions of this | 14 |
| Act. The Agency may include among such
conditions standards and | 15 |
| other requirements established under this Act,
Board | 16 |
| regulations, the Resource Conservation and Recovery Act of 1976 | 17 |
| (P.L.
94-580), as amended, and regulations pursuant thereto, | 18 |
| and may include
schedules for achieving compliance therewith as | 19 |
| soon as possible. The
Agency shall require that a performance | 20 |
| bond or other security be provided
as a condition for the | 21 |
| issuance of a RCRA permit.
| 22 |
| In the case of a permit to operate a hazardous waste or PCB | 23 |
| incinerator
as defined in subsection (k) of Section 44, the | 24 |
| Agency shall require, as a
condition of the permit, that the | 25 |
| operator of the facility perform such
analyses of the waste to | 26 |
| be incinerated as may be necessary and appropriate
to ensure |
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| the safe operation of the incinerator.
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| The Agency shall adopt filing requirements and procedures | 3 |
| which
are necessary and appropriate for the issuance of RCRA | 4 |
| permits, and which
are consistent with the Act or regulations | 5 |
| adopted by the Board, and with
the Resource Conservation and | 6 |
| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 7 |
| pursuant thereto.
| 8 |
| The applicant shall make available to the public for | 9 |
| inspection all
documents submitted by the applicant to the | 10 |
| Agency in furtherance
of an application, with the exception of | 11 |
| trade secrets, at the office of
the county board or governing | 12 |
| body of the municipality. Such documents
may be copied upon | 13 |
| payment of the actual cost of reproduction during regular
| 14 |
| business hours of the local office. The Agency shall issue a | 15 |
| written statement
concurrent with its grant or denial of the | 16 |
| permit explaining the basis for its
decision.
| 17 |
| (e) The Agency may issue UIC permits exclusively under this
| 18 |
| subsection to persons owning or operating a facility for the | 19 |
| underground
injection of contaminants as defined under this | 20 |
| Act.
| 21 |
| All UIC permits shall contain those terms and conditions, | 22 |
| including but
not limited to schedules of compliance, which may | 23 |
| be required to accomplish
the purposes and provisions of this | 24 |
| Act. The Agency may include among such
conditions standards and | 25 |
| other requirements established under this Act,
Board | 26 |
| regulations, the Safe Drinking Water Act (P.L. 93-523), as |
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| amended,
and regulations pursuant thereto, and may include | 2 |
| schedules for achieving
compliance therewith. The Agency shall | 3 |
| require that a performance bond or
other security be provided | 4 |
| as a condition for the issuance of a UIC permit.
| 5 |
| The Agency shall adopt filing requirements and procedures | 6 |
| which
are necessary and appropriate for the issuance of UIC | 7 |
| permits, and which
are consistent with the Act or regulations | 8 |
| adopted by the Board, and with
the Safe Drinking Water Act | 9 |
| (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 10 |
| The applicant shall make available to the public for | 11 |
| inspection, all
documents submitted by the applicant to the | 12 |
| Agency in furtherance of an
application, with the exception of | 13 |
| trade secrets, at the office of the county
board or governing | 14 |
| body of the municipality. Such documents may be copied upon
| 15 |
| payment of the actual cost of reproduction during regular | 16 |
| business hours of the
local office. The Agency shall issue a | 17 |
| written statement concurrent with its
grant or denial of the | 18 |
| permit explaining the basis for its decision.
| 19 |
| (f) In making any determination pursuant to Section 9.1 of | 20 |
| this Act:
| 21 |
| (1) The Agency shall have authority to make the | 22 |
| determination of any
question required to be determined by | 23 |
| the Clean Air Act, as now or
hereafter amended, this Act, | 24 |
| or the regulations of the Board, including the
| 25 |
| determination of the Lowest Achievable Emission Rate, | 26 |
| Maximum Achievable
Control Technology, or Best Available |
|
|
|
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| 1 |
| Control Technology, consistent with the
Board's | 2 |
| regulations, if any.
| 3 |
| (2) The Agency shall, after conferring with the | 4 |
| applicant, give written
notice to the applicant of its | 5 |
| proposed decision on the application including
the terms | 6 |
| and conditions of the permit to be issued and the facts, | 7 |
| conduct
or other basis upon which the Agency will rely to | 8 |
| support its proposed action.
| 9 |
| (3) Following such notice, the Agency shall give the | 10 |
| applicant an
opportunity for a hearing in accordance with | 11 |
| the provisions of Sections
10-25 through 10-60 of the | 12 |
| Illinois Administrative Procedure Act.
| 13 |
| (g) The Agency shall include as conditions upon all permits | 14 |
| issued for
hazardous waste disposal sites such restrictions | 15 |
| upon the future use
of such sites as are reasonably necessary | 16 |
| to protect public health and
the environment, including | 17 |
| permanent prohibition of the use of such
sites for purposes | 18 |
| which may create an unreasonable risk of injury to human
health | 19 |
| or to the environment. After administrative and judicial | 20 |
| challenges
to such restrictions have been exhausted, the Agency | 21 |
| shall file such
restrictions of record in the Office of the | 22 |
| Recorder of the county in which
the hazardous waste disposal | 23 |
| site is located.
| 24 |
| (h) A hazardous waste stream may not be deposited in a | 25 |
| permitted hazardous
waste site unless specific authorization | 26 |
| is obtained from the Agency by the
generator and disposal site |
|
|
|
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| 1 |
| owner and operator for the deposit of that specific
hazardous | 2 |
| waste stream. The Agency may grant specific authorization for
| 3 |
| disposal of hazardous waste streams only after the generator | 4 |
| has reasonably
demonstrated that, considering
technological | 5 |
| feasibility and economic reasonableness, the hazardous waste
| 6 |
| cannot be reasonably recycled for reuse, nor incinerated or | 7 |
| chemically,
physically or biologically treated so as to | 8 |
| neutralize the hazardous waste
and render it nonhazardous. In | 9 |
| granting authorization under this Section,
the Agency may | 10 |
| impose such conditions as may be necessary to accomplish
the | 11 |
| purposes of the Act and are consistent with this Act and | 12 |
| regulations
promulgated by the Board hereunder. If the Agency | 13 |
| refuses to grant
authorization under this Section, the | 14 |
| applicant may appeal as if the Agency
refused to grant a | 15 |
| permit, pursuant to the provisions of subsection (a) of
Section | 16 |
| 40 of this Act. For purposes of this subsection (h), the term
| 17 |
| "generator" has the meaning given in Section 3.205 of this Act,
| 18 |
| unless: (1) the hazardous waste is treated, incinerated, or | 19 |
| partially recycled
for reuse prior to disposal, in which case | 20 |
| the last person who treats,
incinerates, or partially recycles | 21 |
| the hazardous waste prior to disposal is the
generator; or (2) | 22 |
| the hazardous waste is from a response action, in which case
| 23 |
| the person performing the response action is the generator. | 24 |
| This subsection
(h) does not apply to any hazardous waste that | 25 |
| is restricted from land disposal
under 35 Ill. Adm. Code 728.
| 26 |
| (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 or interim | 4 |
| authorization for a clean construction or demolition debris | 5 |
| fill operation, the Agency
shall conduct an evaluation of the | 6 |
| prospective owner's or operator's prior
experience in waste | 7 |
| management operations and clean construction or demolition | 8 |
| debris fill operations. The Agency may deny such a permit, or | 9 |
| deny or revoke interim authorization,
if the prospective owner | 10 |
| or operator or any employee or officer of the
prospective owner | 11 |
| or operator has a history of:
| 12 |
| (1) repeated violations of federal, State, or local | 13 |
| laws, regulations,
standards, or ordinances in the | 14 |
| operation of waste management facilities or
sites or clean | 15 |
| construction or demolition debris fill operation | 16 |
| facilities or sites; or
| 17 |
| (2) conviction in this or another State of any crime | 18 |
| which is a felony
under the laws of this State, or | 19 |
| conviction of a felony in a federal court; or conviction in | 20 |
| this or another state or federal court of any of the | 21 |
| following crimes: forgery, official misconduct, bribery, | 22 |
| perjury, or knowingly submitting false information under | 23 |
| any environmental law, regulation, or permit term or | 24 |
| condition; or
| 25 |
| (3) proof of gross carelessness or incompetence in | 26 |
| handling, storing,
processing, transporting or disposing |
|
|
|
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| 1 |
| of waste or clean construction or demolition debris, or | 2 |
| proof of gross carelessness or incompetence in using clean | 3 |
| construction or demolition debris as fill.
| 4 |
| (i-5) Before issuing any permit or approving any interim | 5 |
| authorization for a clean construction or demolition debris | 6 |
| fill operation in which any ownership interest is transferred | 7 |
| between January 1, 2005, and the effective date of the | 8 |
| prohibition set forth in Section 22.52 of this Act, the Agency | 9 |
| shall conduct an evaluation of the operation if any previous | 10 |
| activities at the site or facility may have caused or allowed | 11 |
| contamination of the site. It shall be the responsibility of | 12 |
| the owner or operator seeking the permit or interim | 13 |
| authorization to provide to the Agency all of the information | 14 |
| necessary for the Agency to conduct its evaluation. The Agency | 15 |
| may deny a permit or interim authorization if previous | 16 |
| activities at the site may have caused or allowed contamination | 17 |
| at the site, unless such contamination is authorized under any | 18 |
| permit issued by the Agency.
| 19 |
| (j) The issuance under this Act of a permit to engage in | 20 |
| the surface mining
of any resources other than fossil fuels | 21 |
| shall not relieve
the permittee from its duty to comply with | 22 |
| any applicable local law regulating
the commencement, location | 23 |
| or operation of surface mining facilities.
| 24 |
| (k) A development permit issued under subsection (a) of | 25 |
| Section 39 for any
facility or site which is required to have a | 26 |
| permit under subsection (d) of
Section 21 shall expire at the |
|
|
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| 1 |
| end of 2 calendar years from the date upon which
it was issued, | 2 |
| unless within that period the applicant has taken action to
| 3 |
| develop the facility or the site. In the event that review of | 4 |
| the
conditions of the development permit is sought pursuant to | 5 |
| Section 40 or
41, or permittee is prevented from commencing | 6 |
| development of the facility
or site by any other litigation | 7 |
| beyond the permittee's control, such
two-year period shall be | 8 |
| deemed to begin on the date upon which such review
process or | 9 |
| litigation is concluded.
| 10 |
| (l) No permit shall be issued by the Agency under this Act | 11 |
| for
construction or operation of any facility or site located | 12 |
| within the
boundaries of any setback zone established pursuant | 13 |
| to this Act, where such
construction or operation is | 14 |
| prohibited.
| 15 |
| (m) The Agency may issue permits to persons owning or | 16 |
| operating
a facility for composting landscape waste. In | 17 |
| granting such permits, the Agency
may impose such conditions as | 18 |
| may be necessary to accomplish the purposes of
this Act, and as | 19 |
| are not inconsistent with applicable regulations promulgated
| 20 |
| by the Board. Except as otherwise provided in this Act, a bond | 21 |
| or other
security shall not be required as a condition for the | 22 |
| issuance of a permit. If
the Agency denies any permit pursuant | 23 |
| to this subsection, the Agency shall
transmit to the applicant | 24 |
| within the time limitations of this subsection
specific, | 25 |
| detailed statements as to the reasons the permit application | 26 |
| was
denied. Such statements shall include but not be limited to |
|
|
|
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|
| 1 |
| the following:
| 2 |
| (1) the Sections of this Act that may be violated if | 3 |
| the permit
were granted;
| 4 |
| (2) the specific regulations promulgated pursuant to | 5 |
| this
Act that may be violated if the permit were granted;
| 6 |
| (3) the specific information, if any, the Agency deems | 7 |
| the
applicant did not provide in its application to the | 8 |
| Agency; and
| 9 |
| (4) a statement of specific reasons why the Act and the | 10 |
| regulations
might be violated if the permit were granted.
| 11 |
| If no final action is taken by the Agency within 90 days | 12 |
| after the filing
of the application for permit, the applicant | 13 |
| may deem the permit issued.
Any applicant for a permit may | 14 |
| waive the 90 day limitation by filing a
written statement with | 15 |
| the Agency.
| 16 |
| The Agency shall issue permits for such facilities upon | 17 |
| receipt of an
application that includes a legal description of | 18 |
| the site, a topographic
map of the site drawn to the scale of | 19 |
| 200 feet to the inch or larger, a
description of the operation, | 20 |
| including the area served, an estimate of
the volume of | 21 |
| materials to be processed, and documentation that:
| 22 |
| (1) the facility includes a setback of at
least 200 | 23 |
| feet from the nearest potable water supply well;
| 24 |
| (2) the facility is located outside the boundary
of the | 25 |
| 10-year floodplain or the site will be floodproofed;
| 26 |
| (3) the facility is located so as to minimize
|
|
|
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|
| 1 |
| incompatibility with the character of the surrounding | 2 |
| area, including at
least a 200 foot setback from any | 3 |
| residence, and in the case of a
facility that is developed | 4 |
| or the permitted composting area of which is
expanded after | 5 |
| November 17, 1991, the composting area is located at least | 6 |
| 1/8
mile from the nearest residence (other than a residence | 7 |
| located on the same
property as the facility);
| 8 |
| (4) the design of the facility will prevent any compost | 9 |
| material from
being placed within 5 feet of the water | 10 |
| table, will adequately control runoff
from the site, and | 11 |
| will collect and manage any leachate that is generated on
| 12 |
| the site;
| 13 |
| (5) the operation of the facility will include | 14 |
| appropriate dust
and odor control measures, limitations on | 15 |
| operating hours, appropriate
noise control measures for | 16 |
| shredding, chipping and similar equipment,
management | 17 |
| procedures for composting, containment and disposal of
| 18 |
| non-compostable wastes, procedures to be used for
| 19 |
| terminating operations at the site, and recordkeeping | 20 |
| sufficient to
document the amount of materials received, | 21 |
| composted and otherwise
disposed of; and
| 22 |
| (6) the operation will be conducted in accordance with | 23 |
| any applicable
rules adopted by the Board.
| 24 |
| The Agency shall issue renewable permits of not longer than | 25 |
| 10 years
in duration for the composting of landscape wastes, as | 26 |
| defined in Section
3.155 of this Act, based on the above |
|
|
|
09500SB0184ham002 |
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|
| 1 |
| requirements.
| 2 |
| The operator of any facility permitted under this | 3 |
| subsection (m) must
submit a written annual statement to the | 4 |
| Agency on or before April 1 of
each year that includes an | 5 |
| estimate of the amount of material, in tons,
received for | 6 |
| composting.
| 7 |
| (n) The Agency shall issue permits jointly with the | 8 |
| Department of
Transportation for the dredging or deposit of | 9 |
| material in Lake Michigan in
accordance with Section 18 of the | 10 |
| Rivers, Lakes, and Streams Act.
| 11 |
| (o) (Blank.)
| 12 |
| (p) (1) Any person submitting an application for a permit | 13 |
| for a new MSWLF
unit or for a lateral expansion under | 14 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF | 15 |
| unit that has not received and is not subject to local
siting | 16 |
| approval under Section 39.2 of this Act shall publish notice of | 17 |
| the
application in a newspaper of general circulation in the | 18 |
| county in which the
MSWLF unit is or is proposed to be located. | 19 |
| The notice must be published at
least 15 days before submission | 20 |
| of the permit application to the Agency. The
notice shall state | 21 |
| the name and address of the applicant, the location of the
| 22 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the | 23 |
| MSWLF unit or
proposed MSWLF unit, the nature of the activity | 24 |
| proposed, the probable life of
the proposed activity, the date | 25 |
| the permit application will be submitted, and a
statement that | 26 |
| persons may file written comments with the Agency concerning |
|
|
|
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|
| 1 |
| the
permit application within 30 days after the filing of the | 2 |
| permit application
unless the time period to submit comments is | 3 |
| extended by the Agency.
| 4 |
| When a permit applicant submits information to the Agency | 5 |
| to supplement a
permit application being reviewed by the | 6 |
| Agency, the applicant shall not be
required to reissue the | 7 |
| notice under this subsection.
| 8 |
| (2) The Agency shall accept written comments concerning the | 9 |
| permit
application that are postmarked no later than 30 days | 10 |
| after the
filing of the permit application, unless the time | 11 |
| period to accept comments is
extended by the Agency.
| 12 |
| (3) Each applicant for a permit described in part (1) of | 13 |
| this subsection
shall file a
copy of the permit application | 14 |
| with the county board or governing body of the
municipality in | 15 |
| which the MSWLF unit is or is proposed to be located at the
| 16 |
| same time the application is submitted to the Agency. The | 17 |
| permit application
filed with the county board or governing | 18 |
| body of the municipality shall include
all documents submitted | 19 |
| to or to be submitted to the Agency, except trade
secrets as | 20 |
| determined under Section 7.1 of this Act. The permit | 21 |
| application
and other documents on file with the county board | 22 |
| or governing body of the
municipality shall be made available | 23 |
| for public inspection during regular
business hours at the | 24 |
| office of the county board or the governing body of the
| 25 |
| municipality and may be copied upon payment of the actual cost | 26 |
| of
reproduction.
|
|
|
|
09500SB0184ham002 |
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|
| 1 |
| (Source: P.A. 93-575, eff. 1-1-04; 94-272, eff. 7-19-05; | 2 |
| 94-725, eff. 6-1-06 .)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
|
|