Full Text of SB1903 97th General Assembly
SB1903sam001 97TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 3/15/2011
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| 1 | | AMENDMENT TO SENATE BILL 1903
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1903 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 39 as follows:
| 6 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| 7 | | Sec. 39. Issuance of permits; procedures.
| 8 | | (a) When the Board has by regulation required a permit for
| 9 | | 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
| 16 | | procedures as are necessary to carry out its duties under this |
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| 1 | | Section.
In making its determinations on permit applications | 2 | | under this Section the Agency may consider prior adjudications | 3 | | of
noncompliance with this Act by the applicant that involved a | 4 | | release of a
contaminant into the environment. In granting | 5 | | permits, the Agency
may impose reasonable conditions | 6 | | specifically related to the applicant's past
compliance | 7 | | history with this Act as necessary to correct, detect, or
| 8 | | prevent noncompliance. The Agency may impose such other | 9 | | conditions
as may be necessary to accomplish the purposes of | 10 | | this Act, and as are not
inconsistent with the regulations | 11 | | promulgated by the Board hereunder. Except as
otherwise | 12 | | provided in this Act, a bond or other security shall not be | 13 | | required
as a condition for the issuance of a permit. If the | 14 | | Agency denies any permit
under this Section, the Agency shall | 15 | | transmit to the applicant within the time
limitations of this | 16 | | Section specific, detailed statements as to the reasons the
| 17 | | permit application was denied. Such statements shall include, | 18 | | but not be
limited to the following:
| 19 | | (i) the Sections of this Act which may be violated if | 20 | | the permit
were granted;
| 21 | | (ii) the provision of the regulations, promulgated | 22 | | under this Act,
which may be violated if the permit were | 23 | | granted;
| 24 | | (iii) the specific type of information, if any, which | 25 | | the Agency
deems the applicant did not provide the Agency; | 26 | | and
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| 1 | | (iv) a statement of specific reasons why the Act and | 2 | | the regulations
might not be met if the permit were | 3 | | granted.
| 4 | | If there is no final action by the Agency within 90 days | 5 | | after the
filing of the application for permit, the applicant | 6 | | may deem the permit
issued; except that this time period shall | 7 | | be extended to 180 days when
(1) notice and opportunity for | 8 | | public hearing are required by State or
federal law or | 9 | | regulation, (2) the application which was filed is for
any | 10 | | permit to develop a landfill subject to issuance pursuant to | 11 | | this
subsection, or (3) the application that was filed is for a | 12 | | MSWLF unit
required to issue public notice under subsection (p) | 13 | | of Section 39. The
90-day and 180-day time periods for the | 14 | | Agency to take final action do not
apply to NPDES permit | 15 | | applications under subsection (b) of this Section,
to RCRA | 16 | | permit applications under subsection (d) of this Section, or
to | 17 | | UIC permit applications under subsection (e) of this Section.
| 18 | | The Agency shall publish notice of all final permit | 19 | | determinations for
development permits for MSWLF units and for | 20 | | significant permit modifications
for lateral expansions for | 21 | | existing MSWLF units one time in a newspaper of
general | 22 | | circulation in the county in which the unit is or is proposed | 23 | | to be
located.
| 24 | | After January 1, 1994 and until July 1, 1998, operating | 25 | | permits issued under
this Section by the
Agency for sources of | 26 | | air pollution permitted to emit less than 25 tons
per year of |
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| 1 | | any combination of regulated air pollutants, as defined in
| 2 | | Section 39.5 of this Act, shall be required to be renewed only | 3 | | upon written
request by the Agency consistent with applicable | 4 | | provisions of this Act and
regulations promulgated hereunder. | 5 | | Such operating permits shall expire
180 days after the date of | 6 | | such a request. The Board shall revise its
regulations for the | 7 | | existing State air pollution operating permit program
| 8 | | consistent with this provision by January 1, 1994.
| 9 | | After June 30, 1998, operating permits issued under this | 10 | | Section by the
Agency for sources of air pollution that are not | 11 | | subject to Section 39.5 of
this Act and are not required to | 12 | | have a federally enforceable State operating
permit shall be | 13 | | required to be renewed only upon written request by the Agency
| 14 | | consistent with applicable provisions of this Act and its | 15 | | rules. Such
operating permits shall expire 180 days after the | 16 | | date of such a request.
Before July 1, 1998, the Board shall | 17 | | revise its rules for the existing State
air pollution operating | 18 | | permit program consistent with this paragraph and shall
adopt | 19 | | rules that require a source to demonstrate that it qualifies | 20 | | for a permit
under this paragraph.
| 21 | | Within 2 years after the effective date of this amendatory | 22 | | Act of the 97th General Assembly, the Agency shall make all | 23 | | permit applications on-line, editable, and savable files. | 24 | | (b) The Agency may issue NPDES permits exclusively under | 25 | | this
subsection for the discharge of contaminants from point | 26 | | sources into
navigable waters, all as defined in the Federal |
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| 1 | | Water Pollution Control
Act, as now or hereafter amended, | 2 | | within the jurisdiction of the
State, or into any well.
| 3 | | All NPDES permits shall contain those terms and conditions, | 4 | | including
but not limited to schedules of compliance, which may | 5 | | be required to
accomplish the purposes and provisions of this | 6 | | Act.
| 7 | | The Agency may issue general NPDES permits for discharges | 8 | | from categories
of point sources which are subject to the same | 9 | | permit limitations and
conditions. Such general permits may be | 10 | | issued without individual
applications and shall conform to | 11 | | regulations promulgated under Section 402
of the Federal Water | 12 | | Pollution Control Act, as now or hereafter amended.
| 13 | | The Agency may include, among such conditions, effluent | 14 | | limitations
and other requirements established under this Act, | 15 | | Board regulations,
the Federal Water Pollution Control Act, as | 16 | | now or hereafter amended, and
regulations pursuant thereto, and | 17 | | schedules for achieving compliance
therewith at the earliest | 18 | | reasonable date.
| 19 | | The Agency shall adopt filing requirements and procedures | 20 | | which are
necessary and appropriate for the issuance of NPDES | 21 | | permits, and which
are consistent with the Act or regulations | 22 | | adopted by the Board, and
with the Federal Water Pollution | 23 | | Control Act, as now or hereafter
amended, and regulations | 24 | | pursuant thereto.
| 25 | | The Agency, subject to any conditions which may be | 26 | | prescribed by
Board regulations, may issue NPDES permits to |
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| 1 | | allow discharges beyond
deadlines established by this Act or by | 2 | | regulations of the Board without
the requirement of a variance, | 3 | | subject to the Federal Water Pollution
Control Act, as now or | 4 | | hereafter amended, and regulations pursuant thereto.
| 5 | | (c) Except for those facilities owned or operated by | 6 | | sanitary districts
organized under the Metropolitan Water | 7 | | Reclamation District Act, no
permit for the development or | 8 | | construction of a new pollution control
facility may be granted | 9 | | by the Agency unless the applicant submits proof to the
Agency | 10 | | that the location of the facility has been approved by the | 11 | | County Board
of the county if in an unincorporated area, or the | 12 | | governing body of the
municipality when in an incorporated | 13 | | area, in which the facility is to be
located in accordance with | 14 | | Section 39.2 of this Act. For purposes of this subsection (c), | 15 | | and for purposes of Section 39.2 of this Act, the appropriate | 16 | | county board or governing body of the municipality shall be the | 17 | | county board of the county or the governing body of the | 18 | | municipality in which the facility is to be located as of the | 19 | | date when the application for siting approval is filed.
| 20 | | In the event that siting approval granted pursuant to | 21 | | Section 39.2 has
been transferred to a subsequent owner or | 22 | | operator, that subsequent owner or
operator may apply to the | 23 | | Agency for, and the Agency may grant, a development
or | 24 | | construction permit for the facility for which local siting | 25 | | approval was
granted. Upon application to the Agency for a | 26 | | development or
construction permit by that subsequent owner or |
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| 1 | | operator,
the permit applicant shall cause written notice of | 2 | | the permit application
to be served upon the appropriate county | 3 | | board or governing body of the
municipality that granted siting | 4 | | approval for that facility and upon any party
to the siting | 5 | | proceeding pursuant to which siting approval was granted. In
| 6 | | that event, the Agency shall conduct an evaluation of the | 7 | | subsequent owner or
operator's prior experience in waste | 8 | | management operations in the manner
conducted under subsection | 9 | | (i) of Section 39 of this Act.
| 10 | | Beginning August 20, 1993, if the pollution control | 11 | | facility consists of a
hazardous or solid waste disposal | 12 | | facility for which the proposed site is
located in an | 13 | | unincorporated area of a county with a population of less than
| 14 | | 100,000 and includes all or a portion of a parcel of land that | 15 | | was, on April 1,
1993, adjacent to a municipality having a | 16 | | population of less than 5,000, then
the local siting review | 17 | | required under this subsection (c) in conjunction with
any | 18 | | permit applied for after that date shall be performed by the | 19 | | governing body
of that adjacent municipality rather than the | 20 | | county board of the county in
which the proposed site is | 21 | | located; and for the purposes of that local siting
review, any | 22 | | references in this Act to the county board shall be deemed to | 23 | | mean
the governing body of that adjacent municipality; | 24 | | provided, however, that the
provisions of this paragraph shall | 25 | | not apply to any proposed site which was, on
April 1, 1993, | 26 | | owned in whole or in part by another municipality.
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| 1 | | In the case of a pollution control facility for which a
| 2 | | development permit was issued before November 12, 1981, if an | 3 | | operating
permit has not been issued by the Agency prior to | 4 | | August 31, 1989 for
any portion of the facility, then the | 5 | | Agency may not issue or renew any
development permit nor issue | 6 | | an original operating permit for any portion of
such facility | 7 | | unless the applicant has submitted proof to the Agency that the
| 8 | | location of the facility has been approved by the appropriate | 9 | | county board or
municipal governing body pursuant to Section | 10 | | 39.2 of this Act.
| 11 | | After January 1, 1994, if a solid waste
disposal facility, | 12 | | any portion for which an operating permit has been issued by
| 13 | | the Agency, has not accepted waste disposal for 5 or more | 14 | | consecutive calendars
years, before that facility may accept | 15 | | any new or additional waste for
disposal, the owner and | 16 | | operator must obtain a new operating permit under this
Act for | 17 | | that facility unless the owner and operator have applied to the | 18 | | Agency
for a permit authorizing the temporary suspension of | 19 | | waste acceptance. The
Agency may not issue a new operation | 20 | | permit under this Act for the facility
unless the applicant has | 21 | | submitted proof to the Agency that the location of the
facility | 22 | | has been approved or re-approved by the appropriate county | 23 | | board or
municipal governing body under Section 39.2 of this | 24 | | Act after the facility
ceased accepting waste.
| 25 | | Except for those facilities owned or operated by sanitary | 26 | | districts
organized under the Metropolitan Water Reclamation |
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| 1 | | District Act, and
except for new pollution control facilities | 2 | | governed by Section 39.2,
and except for fossil fuel mining | 3 | | facilities, the granting of a permit under
this Act shall not | 4 | | relieve the applicant from meeting and securing all
necessary | 5 | | zoning approvals from the unit of government having zoning
| 6 | | jurisdiction over the proposed facility.
| 7 | | Before beginning construction on any new sewage treatment | 8 | | plant or sludge
drying site to be owned or operated by a | 9 | | sanitary district organized under
the Metropolitan Water | 10 | | Reclamation District Act for which a new
permit (rather than | 11 | | the renewal or amendment of an existing permit) is
required, | 12 | | such sanitary district shall hold a public hearing within the
| 13 | | municipality within which the proposed facility is to be | 14 | | located, or within the
nearest community if the proposed | 15 | | facility is to be located within an
unincorporated area, at | 16 | | which information concerning the proposed facility
shall be | 17 | | made available to the public, and members of the public shall | 18 | | be given
the opportunity to express their views concerning the | 19 | | proposed facility.
| 20 | | The Agency may issue a permit for a municipal waste | 21 | | transfer station
without requiring approval pursuant to | 22 | | Section 39.2 provided that the following
demonstration is made:
| 23 | | (1) the municipal waste transfer station was in | 24 | | existence on or before
January 1, 1979 and was in | 25 | | continuous operation from January 1, 1979 to January
1, | 26 | | 1993;
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| 1 | | (2) the operator submitted a permit application to the | 2 | | Agency to develop
and operate the municipal waste transfer | 3 | | station during April of 1994;
| 4 | | (3) the operator can demonstrate that the county board | 5 | | of the county, if
the municipal waste transfer station is | 6 | | in an unincorporated area, or the
governing body of the | 7 | | municipality, if the station is in an incorporated area,
| 8 | | does not object to resumption of the operation of the | 9 | | station; and
| 10 | | (4) the site has local zoning approval.
| 11 | | (d) The Agency may issue RCRA permits exclusively under | 12 | | this
subsection to persons owning or operating a facility for | 13 | | the treatment,
storage, or disposal of hazardous waste as | 14 | | defined under this Act.
| 15 | | All RCRA 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 Resource Conservation and Recovery Act of 1976 | 21 | | (P.L.
94-580), as amended, and regulations pursuant thereto, | 22 | | and may include
schedules for achieving compliance therewith as | 23 | | soon as possible. The
Agency shall require that a performance | 24 | | bond or other security be provided
as a condition for the | 25 | | issuance of a RCRA permit.
| 26 | | In the case of a permit to operate a hazardous waste or PCB |
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| 1 | | incinerator
as defined in subsection (k) of Section 44, the | 2 | | Agency shall require, as a
condition of the permit, that the | 3 | | operator of the facility perform such
analyses of the waste to | 4 | | be incinerated as may be necessary and appropriate
to ensure | 5 | | the safe operation of the incinerator.
| 6 | | The Agency shall adopt filing requirements and procedures | 7 | | which
are necessary and appropriate for the issuance of RCRA | 8 | | permits, and which
are consistent with the Act or regulations | 9 | | adopted by the Board, and with
the Resource Conservation and | 10 | | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 11 | | pursuant thereto.
| 12 | | The applicant shall make available to the public for | 13 | | inspection all
documents submitted by the applicant to the | 14 | | Agency in furtherance
of an application, with the exception of | 15 | | trade secrets, at the office of
the county board or governing | 16 | | body of the municipality. Such documents
may be copied upon | 17 | | payment of the actual cost of reproduction during regular
| 18 | | business hours of the local office. The Agency shall issue a | 19 | | written statement
concurrent with its grant or denial of the | 20 | | permit explaining the basis for its
decision.
| 21 | | (e) The Agency may issue UIC permits exclusively under this
| 22 | | subsection to persons owning or operating a facility for the | 23 | | underground
injection of contaminants as defined under this | 24 | | Act.
| 25 | | All UIC permits shall contain those terms and conditions, | 26 | | including but
not limited to schedules of compliance, which may |
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| 1 | | be required to accomplish
the purposes and provisions of this | 2 | | Act. The Agency may include among such
conditions standards and | 3 | | other requirements established under this Act,
Board | 4 | | regulations, the Safe Drinking Water Act (P.L. 93-523), as | 5 | | amended,
and regulations pursuant thereto, and may include | 6 | | schedules for achieving
compliance therewith. The Agency shall | 7 | | require that a performance bond or
other security be provided | 8 | | as a condition for the issuance of a UIC permit.
| 9 | | The Agency shall adopt filing requirements and procedures | 10 | | which
are necessary and appropriate for the issuance of UIC | 11 | | permits, and which
are consistent with the Act or regulations | 12 | | adopted by the Board, and with
the Safe Drinking Water Act | 13 | | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 14 | | The applicant shall make available to the public for | 15 | | inspection, all
documents submitted by the applicant to the | 16 | | Agency in furtherance of an
application, with the exception of | 17 | | trade secrets, at the office of the county
board or governing | 18 | | body of the municipality. Such documents may be copied upon
| 19 | | payment of the actual cost of reproduction during regular | 20 | | business hours of the
local office. The Agency shall issue a | 21 | | written statement concurrent with its
grant or denial of the | 22 | | permit explaining the basis for its decision.
| 23 | | (f) In making any determination pursuant to Section 9.1 of | 24 | | this Act:
| 25 | | (1) The Agency shall have authority to make the | 26 | | determination of any
question required to be determined by |
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| 1 | | the Clean Air Act, as now or
hereafter amended, this Act, | 2 | | or the regulations of the Board, including the
| 3 | | determination of the Lowest Achievable Emission Rate, | 4 | | Maximum Achievable
Control Technology, or Best Available | 5 | | Control Technology, consistent with the
Board's | 6 | | regulations, if any.
| 7 | | (2) The Agency shall, after conferring with the | 8 | | applicant, give written
notice to the applicant of its | 9 | | proposed decision on the application including
the terms | 10 | | and conditions of the permit to be issued and the facts, | 11 | | conduct
or other basis upon which the Agency will rely to | 12 | | support its proposed action.
| 13 | | (3) Following such notice, the Agency shall give the | 14 | | applicant an
opportunity for a hearing in accordance with | 15 | | the provisions of Sections
10-25 through 10-60 of the | 16 | | Illinois Administrative Procedure Act.
| 17 | | (g) The Agency shall include as conditions upon all permits | 18 | | issued for
hazardous waste disposal sites such restrictions | 19 | | upon the future use
of such sites as are reasonably necessary | 20 | | to protect public health and
the environment, including | 21 | | permanent prohibition of the use of such
sites for purposes | 22 | | which may create an unreasonable risk of injury to human
health | 23 | | or to the environment. After administrative and judicial | 24 | | challenges
to such restrictions have been exhausted, the Agency | 25 | | shall file such
restrictions of record in the Office of the | 26 | | Recorder of the county in which
the hazardous waste disposal |
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| 1 | | site is located.
| 2 | | (h) A hazardous waste stream may not be deposited in a | 3 | | permitted hazardous
waste site unless specific authorization | 4 | | is obtained from the Agency by the
generator and disposal site | 5 | | owner and operator for the deposit of that specific
hazardous | 6 | | waste stream. The Agency may grant specific authorization for
| 7 | | disposal of hazardous waste streams only after the generator | 8 | | has reasonably
demonstrated that, considering
technological | 9 | | feasibility and economic reasonableness, the hazardous waste
| 10 | | cannot be reasonably recycled for reuse, nor incinerated or | 11 | | chemically,
physically or biologically treated so as to | 12 | | neutralize the hazardous waste
and render it nonhazardous. In | 13 | | granting authorization under this Section,
the Agency may | 14 | | impose such conditions as may be necessary to accomplish
the | 15 | | purposes of the Act and are consistent with this Act and | 16 | | regulations
promulgated by the Board hereunder. If the Agency | 17 | | refuses to grant
authorization under this Section, the | 18 | | applicant may appeal as if the Agency
refused to grant a | 19 | | permit, pursuant to the provisions of subsection (a) of
Section | 20 | | 40 of this Act. For purposes of this subsection (h), the term
| 21 | | "generator" has the meaning given in Section 3.205 of this Act,
| 22 | | unless: (1) the hazardous waste is treated, incinerated, or | 23 | | partially recycled
for reuse prior to disposal, in which case | 24 | | the last person who treats,
incinerates, or partially recycles | 25 | | the hazardous waste prior to disposal is the
generator; or (2) | 26 | | the hazardous waste is from a response action, in which case
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| 1 | | the person performing the response action is the generator. | 2 | | This subsection
(h) does not apply to any hazardous waste that | 3 | | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| 4 | | (i) Before issuing any RCRA permit, any permit for a waste | 5 | | storage site,
sanitary landfill, waste disposal site, waste | 6 | | transfer station, waste treatment
facility, waste incinerator, | 7 | | or any waste-transportation operation, or any permit or interim | 8 | | authorization for a clean construction or demolition debris | 9 | | fill operation, the Agency
shall conduct an evaluation of the | 10 | | prospective owner's or operator's prior
experience in waste | 11 | | management operations and clean construction or demolition | 12 | | debris fill operations. The Agency may deny such a permit, or | 13 | | deny or revoke interim authorization,
if the prospective owner | 14 | | or operator or any employee or officer of the
prospective owner | 15 | | or operator has a history of:
| 16 | | (1) repeated violations of federal, State, or local | 17 | | laws, regulations,
standards, or ordinances in the | 18 | | operation of waste management facilities or
sites or clean | 19 | | construction or demolition debris fill operation | 20 | | facilities or sites; or
| 21 | | (2) conviction in this or another State of any crime | 22 | | which is a felony
under the laws of this State, or | 23 | | conviction of a felony in a federal court; or conviction in | 24 | | this or another state or federal court of any of the | 25 | | following crimes: forgery, official misconduct, bribery, | 26 | | perjury, or knowingly submitting false information under |
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| 1 | | any environmental law, regulation, or permit term or | 2 | | condition; or
| 3 | | (3) proof of gross carelessness or incompetence in | 4 | | handling, storing,
processing, transporting or disposing | 5 | | of waste or clean construction or demolition debris, or | 6 | | proof of gross carelessness or incompetence in using clean | 7 | | construction or demolition debris as fill.
| 8 | | (i-5) Before issuing any permit or approving any interim | 9 | | authorization for a clean construction or demolition debris | 10 | | fill operation in which any ownership interest is transferred | 11 | | between January 1, 2005, and the effective date of the | 12 | | prohibition set forth in Section 22.52 of this Act, the Agency | 13 | | shall conduct an evaluation of the operation if any previous | 14 | | activities at the site or facility may have caused or allowed | 15 | | contamination of the site. It shall be the responsibility of | 16 | | the owner or operator seeking the permit or interim | 17 | | authorization to provide to the Agency all of the information | 18 | | necessary for the Agency to conduct its evaluation. The Agency | 19 | | may deny a permit or interim authorization if previous | 20 | | activities at the site may have caused or allowed contamination | 21 | | at the site, unless such contamination is authorized under any | 22 | | permit issued by the Agency.
| 23 | | (j) The issuance under this Act of a permit to engage in | 24 | | the surface mining
of any resources other than fossil fuels | 25 | | shall not relieve
the permittee from its duty to comply with | 26 | | any applicable local law regulating
the commencement, location |
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| 1 | | or operation of surface mining facilities.
| 2 | | (k) A development permit issued under subsection (a) of | 3 | | Section 39 for any
facility or site which is required to have a | 4 | | permit under subsection (d) of
Section 21 shall expire at the | 5 | | end of 2 calendar years from the date upon which
it was issued, | 6 | | unless within that period the applicant has taken action to
| 7 | | develop the facility or the site. In the event that review of | 8 | | the
conditions of the development permit is sought pursuant to | 9 | | Section 40 or
41, or permittee is prevented from commencing | 10 | | development of the facility
or site by any other litigation | 11 | | beyond the permittee's control, such
two-year period shall be | 12 | | deemed to begin on the date upon which such review
process or | 13 | | litigation is concluded.
| 14 | | (l) No permit shall be issued by the Agency under this Act | 15 | | for
construction or operation of any facility or site located | 16 | | within the
boundaries of any setback zone established pursuant | 17 | | to this Act, where such
construction or operation is | 18 | | prohibited.
| 19 | | (m) The Agency may issue permits to persons owning or | 20 | | operating
a facility for composting landscape waste. In | 21 | | granting such permits, the Agency
may impose such conditions as | 22 | | may be necessary to accomplish the purposes of
this Act, and as | 23 | | are not inconsistent with applicable regulations promulgated
| 24 | | by the Board. Except as otherwise provided in this Act, a bond | 25 | | or other
security shall not be required as a condition for the | 26 | | issuance of a permit. If
the Agency denies any permit pursuant |
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| 1 | | to this subsection, the Agency shall
transmit to the applicant | 2 | | within the time limitations of this subsection
specific, | 3 | | detailed statements as to the reasons the permit application | 4 | | was
denied. Such statements shall include but not be limited to | 5 | | the following:
| 6 | | (1) the Sections of this Act that may be violated if | 7 | | the permit
were granted;
| 8 | | (2) the specific regulations promulgated pursuant to | 9 | | this
Act that may be violated if the permit were granted;
| 10 | | (3) the specific information, if any, the Agency deems | 11 | | the
applicant did not provide in its application to the | 12 | | Agency; and
| 13 | | (4) a statement of specific reasons why the Act and the | 14 | | regulations
might be violated if the permit were granted.
| 15 | | If no final action is taken by the Agency within 90 days | 16 | | after the filing
of the application for permit, the applicant | 17 | | may deem the permit issued.
Any applicant for a permit may | 18 | | waive the 90 day limitation by filing a
written statement with | 19 | | the Agency.
| 20 | | The Agency shall issue permits for such facilities upon | 21 | | receipt of an
application that includes a legal description of | 22 | | the site, a topographic
map of the site drawn to the scale of | 23 | | 200 feet to the inch or larger, a
description of the operation, | 24 | | including the area served, an estimate of
the volume of | 25 | | materials to be processed, and documentation that:
| 26 | | (1) the facility includes a setback of at
least 200 |
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| 1 | | feet from the nearest potable water supply well;
| 2 | | (2) the facility is located outside the boundary
of the | 3 | | 10-year floodplain or the site will be floodproofed;
| 4 | | (3) the facility is located so as to minimize
| 5 | | incompatibility with the character of the surrounding | 6 | | area, including at
least a 200 foot setback from any | 7 | | residence, and in the case of a
facility that is developed | 8 | | or the permitted composting area of which is
expanded after | 9 | | November 17, 1991, the composting area is located at least | 10 | | 1/8
mile from the nearest residence (other than a residence | 11 | | located on the same
property as the facility);
| 12 | | (4) the design of the facility will prevent any compost | 13 | | material from
being placed within 5 feet of the water | 14 | | table, will adequately control runoff
from the site, and | 15 | | will collect and manage any leachate that is generated on
| 16 | | the site;
| 17 | | (5) the operation of the facility will include | 18 | | appropriate dust
and odor control measures, limitations on | 19 | | operating hours, appropriate
noise control measures for | 20 | | shredding, chipping and similar equipment,
management | 21 | | procedures for composting, containment and disposal of
| 22 | | non-compostable wastes, procedures to be used for
| 23 | | terminating operations at the site, and recordkeeping | 24 | | sufficient to
document the amount of materials received, | 25 | | composted and otherwise
disposed of; and
| 26 | | (6) the operation will be conducted in accordance with |
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| 1 | | any applicable
rules adopted by the Board.
| 2 | | The Agency shall issue renewable permits of not longer than | 3 | | 10 years
in duration for the composting of landscape wastes, as | 4 | | defined in Section
3.155 of this Act, based on the above | 5 | | requirements.
| 6 | | The operator of any facility permitted under this | 7 | | subsection (m) must
submit a written annual statement to the | 8 | | Agency on or before April 1 of
each year that includes an | 9 | | estimate of the amount of material, in tons,
received for | 10 | | composting.
| 11 | | (n) The Agency shall issue permits jointly with the | 12 | | Department of
Transportation for the dredging or deposit of | 13 | | material in Lake Michigan in
accordance with Section 18 of the | 14 | | Rivers, Lakes, and Streams Act.
| 15 | | (o) (Blank.)
| 16 | | (p) (1) Any person submitting an application for a permit | 17 | | for a new MSWLF
unit or for a lateral expansion under | 18 | | subsection (t) of Section 21 of this Act
for an existing MSWLF | 19 | | unit that has not received and is not subject to local
siting | 20 | | approval under Section 39.2 of this Act shall publish notice of | 21 | | the
application in a newspaper of general circulation in the | 22 | | county in which the
MSWLF unit is or is proposed to be located. | 23 | | The notice must be published at
least 15 days before submission | 24 | | of the permit application to the Agency. The
notice shall state | 25 | | the name and address of the applicant, the location of the
| 26 | | MSWLF unit or proposed MSWLF unit, the nature and size of the |
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| 1 | | MSWLF unit or
proposed MSWLF unit, the nature of the activity | 2 | | proposed, the probable life of
the proposed activity, the date | 3 | | the permit application will be submitted, and a
statement that | 4 | | persons may file written comments with the Agency concerning | 5 | | the
permit application within 30 days after the filing of the | 6 | | permit application
unless the time period to submit comments is | 7 | | extended by the Agency.
| 8 | | When a permit applicant submits information to the Agency | 9 | | to supplement a
permit application being reviewed by the | 10 | | Agency, the applicant shall not be
required to reissue the | 11 | | notice under this subsection.
| 12 | | (2) The Agency shall accept written comments concerning the | 13 | | permit
application that are postmarked no later than 30 days | 14 | | after the
filing of the permit application, unless the time | 15 | | period to accept comments is
extended by the Agency.
| 16 | | (3) Each applicant for a permit described in part (1) of | 17 | | this subsection
shall file a
copy of the permit application | 18 | | with the county board or governing body of the
municipality in | 19 | | which the MSWLF unit is or is proposed to be located at the
| 20 | | same time the application is submitted to the Agency. The | 21 | | permit application
filed with the county board or governing | 22 | | body of the municipality shall include
all documents submitted | 23 | | to or to be submitted to the Agency, except trade
secrets as | 24 | | determined under Section 7.1 of this Act. The permit | 25 | | application
and other documents on file with the county board | 26 | | or governing body of the
municipality shall be made available |
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| 1 | | for public inspection during regular
business hours at the | 2 | | office of the county board or the governing body of the
| 3 | | municipality and may be copied upon payment of the actual cost | 4 | | of
reproduction.
| 5 | | (Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06; | 6 | | 95-288, eff. 8-20-07.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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