Full Text of SB1868 98th General Assembly
SB1868sam005 98TH GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1868
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1868, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Environmental Protection Act is amended by | 6 | | changing Sections 3.330, 21, and 39.2 as follows:
| 7 | | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| 8 | | Sec. 3.330. Pollution control facility.
| 9 | | (a) "Pollution control facility" is any waste storage site, | 10 | | sanitary
landfill, waste disposal site, waste transfer | 11 | | station, waste treatment
facility, or waste incinerator. This | 12 | | includes sewers, sewage treatment
plants, and any other | 13 | | facilities owned or operated by sanitary districts
organized | 14 | | under the Metropolitan Water Reclamation District Act.
| 15 | | The following are not pollution control facilities:
| 16 | | (1) (blank);
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| 1 | | (2) waste storage sites regulated under 40 CFR, Part | 2 | | 761.42;
| 3 | | (3) sites or facilities used by any person conducting a | 4 | | waste storage,
waste treatment, waste disposal, waste | 5 | | transfer or waste incineration
operation, or a combination | 6 | | thereof, for wastes generated by such person's
own | 7 | | activities, when such wastes are stored, treated, disposed | 8 | | of,
transferred or incinerated within the site or facility | 9 | | owned, controlled or
operated by such person, or when such | 10 | | wastes are transported within or
between sites or | 11 | | facilities owned, controlled or operated by such person;
| 12 | | (4) sites or facilities at which the State is | 13 | | performing removal or
remedial action pursuant to Section | 14 | | 22.2 or 55.3;
| 15 | | (5) abandoned quarries used solely for the disposal of | 16 | | concrete, earth
materials, gravel, or aggregate debris | 17 | | resulting from road construction
activities conducted by a | 18 | | unit of government or construction activities due
to the | 19 | | construction and installation of underground pipes, lines, | 20 | | conduit
or wires off of the premises of a public utility | 21 | | company which are
conducted by a public utility;
| 22 | | (6) sites or facilities used by any person to | 23 | | specifically conduct a
landscape composting operation;
| 24 | | (7) regional facilities as defined in the Central | 25 | | Midwest Interstate
Low-Level Radioactive Waste Compact;
| 26 | | (8) the portion of a site or facility where coal |
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| 1 | | combustion wastes are
stored or disposed of in accordance | 2 | | with subdivision (r)(2) or (r)(3) of
Section 21;
| 3 | | (9) the portion of a site or facility used for the | 4 | | collection,
storage or processing of waste tires as defined | 5 | | in Title XIV;
| 6 | | (10) the portion of a site or facility used for | 7 | | treatment of
petroleum contaminated materials by | 8 | | application onto or incorporation into
the soil surface and | 9 | | any portion of that site or facility used for storage
of | 10 | | petroleum contaminated materials before treatment. Only | 11 | | those categories
of petroleum listed in Section
57.9(a)(3) | 12 | | are exempt under this subdivision (10);
| 13 | | (11) the portion of a site or facility where used oil | 14 | | is collected or
stored prior to shipment to a recycling or | 15 | | energy recovery facility, provided
that the used oil is | 16 | | generated by households or commercial establishments, and
| 17 | | the site or facility is a recycling center or a business | 18 | | where oil or gasoline
is sold at retail; | 19 | | (11.5) processing sites or facilities that receive | 20 | | only on-specification used oil, as defined in 35 Ill. | 21 | | Admin. Code 739, originating from used oil collectors for | 22 | | processing that is managed under 35 Ill. Admin. Code 739 to | 23 | | produce products for sale to off-site petroleum | 24 | | facilities, if these processing sites or facilities are: | 25 | | (i) located within a home rule unit of local government | 26 | | with a population of at least 30,000 according to the 2000 |
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| 1 | | federal census, that home rule unit of local government has | 2 | | been designated as an Urban Round II Empowerment Zone by | 3 | | the United States Department of Housing and Urban | 4 | | Development, and that home rule unit of local government | 5 | | has enacted an ordinance approving the location of the site | 6 | | or facility and provided funding for the site or facility; | 7 | | and (ii) in compliance with all applicable zoning | 8 | | requirements;
| 9 | | (12) the portion of a site or facility utilizing coal | 10 | | combustion waste
for stabilization and treatment of only | 11 | | waste generated on that site or
facility when used in | 12 | | connection with response actions pursuant to the federal
| 13 | | Comprehensive Environmental Response, Compensation, and | 14 | | Liability Act of 1980,
the federal Resource Conservation | 15 | | and Recovery Act of 1976, or the Illinois
Environmental | 16 | | Protection Act or as authorized by the Agency;
| 17 | | (13) the portion of a site or facility that (i) accepts | 18 | | exclusively general
construction or demolition debris, | 19 | | (ii) is located in a county with a population over
| 20 | | 3,000,000 as of January 1, 2000 or in a county that is | 21 | | contiguous to such a county, and (iii) is operated and | 22 | | located in accordance with Section 22.38 of this Act; | 23 | | (14) the portion of a site or facility, located within | 24 | | a unit of local government that has enacted local zoning | 25 | | requirements, used to accept, separate, and process | 26 | | uncontaminated broken concrete, with or without protruding |
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| 1 | | metal bars, provided that the uncontaminated broken | 2 | | concrete and metal bars are not speculatively accumulated, | 3 | | are at the site or facility no longer than one year after | 4 | | their acceptance, and are returned to the economic | 5 | | mainstream in the form of raw materials or products;
| 6 | | (15) the portion of a site or facility located in a | 7 | | county with a population over 3,000,000 that has obtained | 8 | | local siting approval under Section 39.2 of this Act for a | 9 | | municipal waste incinerator on or before July 1, 2005 and | 10 | | that is used for a non-hazardous waste transfer station;
| 11 | | (16) a site or facility that temporarily holds in | 12 | | transit for 10 days or less, non-putrescible solid waste in | 13 | | original containers, no larger in capacity than 500 | 14 | | gallons, provided that such waste is further transferred to | 15 | | a recycling, disposal, treatment, or storage facility on a | 16 | | non-contiguous site and provided such site or facility | 17 | | complies with the applicable 10-day transfer requirements | 18 | | of the federal Resource Conservation and Recovery Act of | 19 | | 1976 and United States Department of Transportation | 20 | | hazardous material requirements. For purposes of this | 21 | | Section only, "non-putrescible solid waste" means waste | 22 | | other than municipal garbage that does not rot or become | 23 | | putrid, including, but not limited to, paints, solvent, | 24 | | filters, and absorbents;
| 25 | | (17)
the portion of a site or facility located in a | 26 | | county with a population greater than 3,000,000 that has |
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| 1 | | obtained local siting approval, under Section 39.2 of this | 2 | | Act, for a municipal waste incinerator on or before July 1, | 3 | | 2005 and that is used for wood combustion facilities for | 4 | | energy recovery that accept and burn only wood material, as | 5 | | included in a fuel specification approved by the Agency;
| 6 | | (18)
a transfer station used exclusively for landscape | 7 | | waste, including a transfer station where landscape waste | 8 | | is ground to reduce its volume, where the landscape waste | 9 | | is held no longer than 24 hours from the time it was | 10 | | received; | 11 | | (19) the portion of a site or facility that (i) is used | 12 | | for the composting of food scrap, livestock waste, crop | 13 | | residue, uncontaminated wood waste, or paper waste, | 14 | | including, but not limited to, corrugated paper or | 15 | | cardboard, and (ii) meets all of the following | 16 | | requirements: | 17 | | (A) There must not be more than a total of 30,000 | 18 | | cubic yards of livestock waste in raw form or in the | 19 | | process of being composted at the site or facility at | 20 | | any one time. | 21 | | (B) All food scrap, livestock waste, crop residue, | 22 | | uncontaminated wood waste, and paper waste must, by the | 23 | | end of each operating day, be processed and placed into | 24 | | an enclosed vessel in which air flow and temperature | 25 | | are controlled, or all of the following additional | 26 | | requirements must be met: |
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| 1 | | (i) The portion of the site or facility used | 2 | | for the composting operation must include a | 3 | | setback of at least 200 feet from the nearest | 4 | | potable water supply well. | 5 | | (ii) The portion of the site or facility used | 6 | | for the composting operation must be located | 7 | | outside the boundary of the 10-year floodplain or | 8 | | floodproofed. | 9 | | (iii) The portion of the site or facility used | 10 | | for the composting operation must be located at | 11 | | least one-eighth of a mile from the nearest | 12 | | residence, other than a residence located on the | 13 | | same property as the site or facility. | 14 | | (iv) The portion of the site or facility used | 15 | | for the composting operation must be located at | 16 | | least one-eighth of a mile from the property line | 17 | | of all of the following areas: | 18 | | (I) Facilities that primarily serve to | 19 | | house or treat people that are | 20 | | immunocompromised or immunosuppressed, such as | 21 | | cancer or AIDS patients; people with asthma, | 22 | | cystic fibrosis, or bioaerosol allergies; or | 23 | | children under the age of one year. | 24 | | (II) Primary and secondary schools and | 25 | | adjacent areas that the schools use for | 26 | | recreation. |
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| 1 | | (III) Any facility for child care licensed | 2 | | under Section 3 of the Child Care Act of 1969; | 3 | | preschools; and adjacent areas that the | 4 | | facilities or preschools use for recreation. | 5 | | (v) By the end of each operating day, all food | 6 | | scrap, livestock waste, crop residue, | 7 | | uncontaminated wood waste, and paper waste must be | 8 | | (i) processed into windrows or other piles and (ii) | 9 | | covered in a manner that prevents scavenging by | 10 | | birds and animals and that prevents other | 11 | | nuisances. | 12 | | (C) Food scrap, livestock waste, crop residue, | 13 | | uncontaminated wood waste, paper waste, and compost | 14 | | must not be placed within 5 feet of the water table. | 15 | | (D) The site or facility must meet all of the | 16 | | requirements of the Wild and Scenic Rivers Act (16 | 17 | | U.S.C. 1271 et seq.). | 18 | | (E) The site or facility must not (i) restrict the | 19 | | flow of a 100-year flood, (ii) result in washout of | 20 | | food scrap, livestock waste, crop residue, | 21 | | uncontaminated wood waste, or paper waste from a | 22 | | 100-year flood, or (iii) reduce the temporary water | 23 | | storage capacity of the 100-year floodplain, unless | 24 | | measures are undertaken to provide alternative storage | 25 | | capacity, such as by providing lagoons, holding tanks, | 26 | | or drainage around structures at the facility. |
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| 1 | | (F) The site or facility must not be located in any | 2 | | area where it may pose a threat of harm or destruction | 3 | | to the features for which: | 4 | | (i) an irreplaceable historic or | 5 | | archaeological site has been listed under the | 6 | | National Historic Preservation Act (16 U.S.C. 470 | 7 | | et seq.) or the Illinois Historic Preservation | 8 | | Act; | 9 | | (ii) a natural landmark has been designated by | 10 | | the National Park Service or the Illinois State | 11 | | Historic Preservation Office; or | 12 | | (iii) a natural area has been designated as a | 13 | | Dedicated Illinois Nature Preserve under the | 14 | | Illinois Natural Areas Preservation Act. | 15 | | (G) The site or facility must not be located in an | 16 | | area where it may jeopardize the continued existence of | 17 | | any designated endangered species, result in the | 18 | | destruction or adverse modification of the critical | 19 | | habitat for such species, or cause or contribute to the | 20 | | taking of any endangered or threatened species of | 21 | | plant, fish, or wildlife listed under the Endangered | 22 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | 23 | | Endangered Species Protection Act; | 24 | | (20) the portion of a site or facility that is located | 25 | | entirely within a home rule unit having a population of no | 26 | | less than 120,000 and no more than 135,000, according to |
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| 1 | | the 2000 federal census, and that meets all of the | 2 | | following requirements: | 3 | | (i) the portion of the site or facility is used | 4 | | exclusively to perform testing of a thermochemical | 5 | | conversion technology using only woody biomass, | 6 | | collected as landscape waste within the boundaries | 7 | | of the home rule unit, as the hydrocarbon feedstock | 8 | | for the production of synthetic gas in accordance | 9 | | with Section 39.9 of this Act; | 10 | | (ii) the portion of the site or facility is in | 11 | | compliance with all applicable zoning | 12 | | requirements; and | 13 | | (iii) a complete application for a | 14 | | demonstration permit at the portion of the site or | 15 | | facility has been submitted to the Agency in | 16 | | accordance with Section 39.9 of this Act within one | 17 | | year after July 27, 2010 (the effective date of | 18 | | Public Act 96-1314); | 19 | | (21) the portion of a site or facility used to perform | 20 | | limited testing of a gasification conversion technology in | 21 | | accordance with Section 39.8 of this Act and for which a | 22 | | complete permit application has been submitted to the | 23 | | Agency prior to one year from April 9, 2010 (the effective | 24 | | date of Public Act 96-887); and
| 25 | | (22) the portion of a site or facility that is used to | 26 | | incinerate only pharmaceuticals from residential sources |
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| 1 | | that are collected and transported by law enforcement | 2 | | agencies under Section 17.9A of this Act. | 3 | | (b) A new pollution control facility is:
| 4 | | (1) a pollution control facility initially permitted | 5 | | for development or
construction after July 1, 1981; or
| 6 | | (2) the area of expansion beyond the boundary of a | 7 | | currently permitted
pollution control facility; or
| 8 | | (3) a permitted pollution control facility requesting | 9 | | approval to
store, dispose of, transfer or incinerate, for | 10 | | the first time, any special
or hazardous waste ; or .
| 11 | | (4) a permitted pollution control facility that first | 12 | | accepts, on or after the effective date of this amendatory | 13 | | Act of the 98th General Assembly, waste containing | 14 | | Polychlorinated Biphenyls (PCBs) or PCB items, the | 15 | | disposal of which is subject to prior approval by the U.S. | 16 | | Environmental Protection Agency in accordance with | 17 | | regulations promulgated to implement the Toxic Substances | 18 | | Control Act (40 CFR 761.75), if the proposal to dispose of | 19 | | the waste containing PCBs or PCB items at the facility has | 20 | | not been specifically reviewed and considered at a local | 21 | | siting review hearing conducted in accordance with Section | 22 | | 39.2 of this Act. | 23 | | (Source: P.A. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; | 24 | | 96-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. | 25 | | 7-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545, | 26 | | eff. 1-1-12.)
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| 1 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| 2 | | Sec. 21. Prohibited acts. No person shall:
| 3 | | (a) Cause or allow the open dumping of any waste.
| 4 | | (b) Abandon, dump, or deposit any waste upon the public | 5 | | highways or
other public property, except in a sanitary | 6 | | landfill approved by the
Agency pursuant to regulations adopted | 7 | | by the Board.
| 8 | | (c) Abandon any vehicle in violation of the "Abandoned | 9 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | 10 | | the 76th General
Assembly.
| 11 | | (d) Conduct any waste-storage, waste-treatment, or | 12 | | waste-disposal
operation:
| 13 | | (1) without a permit granted by the Agency or in | 14 | | violation of any
conditions imposed by such permit, | 15 | | including periodic reports and full
access to adequate | 16 | | records and the inspection of facilities, as may be
| 17 | | necessary to assure compliance with this Act and with | 18 | | regulations and
standards adopted thereunder; provided, | 19 | | however, that, except for municipal
solid waste landfill | 20 | | units that receive waste on or after October 9, 1993,
no | 21 | | permit shall be
required for (i) any person conducting a | 22 | | waste-storage, waste-treatment, or
waste-disposal | 23 | | operation for wastes generated by such person's own
| 24 | | activities which are stored, treated, or disposed within | 25 | | the site where
such wastes are generated, or (ii)
a |
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| 1 | | facility located in a county with a
population over 700,000 | 2 | | as of January 1, 2000, operated and located in accordance | 3 | | with
Section 22.38 of this Act, and used exclusively for | 4 | | the transfer, storage, or
treatment of general | 5 | | construction or demolition debris, provided that the | 6 | | facility was receiving construction or demolition debris | 7 | | on the effective date of this amendatory Act of the 96th | 8 | | General Assembly;
| 9 | | (2) in violation of any regulations or standards | 10 | | adopted by the
Board under this Act; or
| 11 | | (3) which receives waste after August 31, 1988, does | 12 | | not have a permit
issued by the Agency, and is (i) a | 13 | | landfill used exclusively for the
disposal of waste | 14 | | generated at the site, (ii) a surface impoundment
receiving | 15 | | special waste not listed in an NPDES permit, (iii) a waste | 16 | | pile
in which the total volume of waste is greater than 100 | 17 | | cubic yards or the
waste is stored for over one year, or | 18 | | (iv) a land treatment facility
receiving special waste | 19 | | generated at the site; without giving notice of the
| 20 | | operation to the Agency by January 1, 1989, or 30 days | 21 | | after the date on
which the operation commences, whichever | 22 | | is later, and every 3 years
thereafter. The form for such | 23 | | notification shall be specified by the
Agency, and shall be | 24 | | limited to information regarding: the name and address
of | 25 | | the location of the operation; the type of operation; the | 26 | | types and
amounts of waste stored, treated or disposed of |
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| 1 | | on an annual basis; the
remaining capacity of the | 2 | | operation; and the remaining expected life of
the | 3 | | operation.
| 4 | | Item (3) of this subsection (d) shall not apply to any | 5 | | person
engaged in agricultural activity who is disposing of a | 6 | | substance that
constitutes solid waste, if the substance was | 7 | | acquired for use by that
person on his own property, and the | 8 | | substance is disposed of on his own
property in accordance with | 9 | | regulations or standards adopted by the Board.
| 10 | | This subsection (d) shall not apply to hazardous waste.
| 11 | | (e) Dispose, treat, store or abandon any waste, or | 12 | | transport any waste
into this State for disposal, treatment, | 13 | | storage or abandonment, except at
a site or facility which | 14 | | meets the requirements of this Act and of
regulations and | 15 | | standards thereunder.
| 16 | | (f) Conduct any hazardous waste-storage, hazardous | 17 | | waste-treatment or
hazardous waste-disposal operation:
| 18 | | (1) without a RCRA permit for the site issued by the | 19 | | Agency under
subsection (d) of Section 39 of this Act, or | 20 | | in violation of any condition
imposed by such permit, | 21 | | including periodic reports and full access to
adequate | 22 | | records and the inspection of facilities, as may be | 23 | | necessary to
assure compliance with this Act and with | 24 | | regulations and standards adopted
thereunder; or
| 25 | | (2) in violation of any regulations or standards | 26 | | adopted by the Board
under this Act; or
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| 1 | | (3) in violation of any RCRA permit filing requirement | 2 | | established under
standards adopted by the Board under this | 3 | | Act; or
| 4 | | (4) in violation of any order adopted by the Board | 5 | | under this Act.
| 6 | | Notwithstanding the above, no RCRA permit shall be required | 7 | | under this
subsection or subsection (d) of Section 39 of this | 8 | | Act for any
person engaged in agricultural activity who is | 9 | | disposing of a substance
which has been identified as a | 10 | | hazardous waste, and which has been
designated by Board | 11 | | regulations as being subject to this exception, if the
| 12 | | substance was acquired for use by that person on his own | 13 | | property and the
substance is disposed of on his own property | 14 | | in accordance with regulations
or standards adopted by the | 15 | | Board.
| 16 | | (g) Conduct any hazardous waste-transportation operation:
| 17 | | (1) without registering with and obtaining a special | 18 | | waste hauling permit from the Agency in
accordance with the | 19 | | regulations adopted by the Board under this Act; or
| 20 | | (2) in violation of any regulations or standards | 21 | | adopted by
the
Board under this Act.
| 22 | | (h) Conduct any hazardous waste-recycling or hazardous | 23 | | waste-reclamation
or hazardous waste-reuse operation in | 24 | | violation of any regulations, standards
or permit requirements | 25 | | adopted by the Board under this Act.
| 26 | | (i) Conduct any process or engage in any act which produces |
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| 1 | | hazardous
waste in violation of any regulations or standards | 2 | | adopted by the Board
under subsections (a) and (c) of Section | 3 | | 22.4 of this Act.
| 4 | | (j) Conduct any special waste transportation operation in | 5 | | violation
of any regulations, standards or permit requirements | 6 | | adopted by the Board
under this Act. However, sludge from a | 7 | | water or sewage treatment plant
owned and operated by a unit of | 8 | | local government which (1) is subject to a
sludge management | 9 | | plan approved by the Agency or a permit granted by the
Agency, | 10 | | and (2) has been tested and determined not to be a hazardous | 11 | | waste
as required by applicable State and federal laws and | 12 | | regulations, may be
transported in this State without a special | 13 | | waste hauling permit, and the
preparation and carrying of a | 14 | | manifest shall not be required for such
sludge under the rules | 15 | | of the Pollution Control Board. The unit of local
government | 16 | | which operates the treatment plant producing such sludge shall
| 17 | | file a semiannual report with the Agency identifying the volume | 18 | | of such
sludge transported during the reporting period, the | 19 | | hauler of the sludge,
and the disposal sites to which it was | 20 | | transported. This subsection (j)
shall not apply to hazardous | 21 | | waste.
| 22 | | (k) Fail or refuse to pay any fee imposed under this Act.
| 23 | | (l) Locate a hazardous waste disposal site above an active | 24 | | or
inactive shaft or tunneled mine or within 2 miles of an | 25 | | active fault in
the earth's crust. In counties of population | 26 | | less than 225,000 no
hazardous waste disposal site shall be |
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| 1 | | located (1) within 1 1/2 miles of
the corporate limits as | 2 | | defined on June 30, 1978, of any municipality
without the | 3 | | approval of the governing body of the municipality in an
| 4 | | official action; or (2) within 1000 feet of an existing private | 5 | | well or
the existing source of a public water supply measured | 6 | | from the boundary
of the actual active permitted site and | 7 | | excluding existing private wells
on the property of the permit | 8 | | applicant. The provisions of this
subsection do not apply to | 9 | | publicly-owned sewage works or the disposal
or utilization of | 10 | | sludge from publicly-owned sewage works.
| 11 | | (m) Transfer interest in any land which has been used as a
| 12 | | hazardous waste disposal site without written notification to | 13 | | the Agency
of the transfer and to the transferee of the | 14 | | conditions imposed by the Agency
upon its use under subsection | 15 | | (g) of Section 39.
| 16 | | (n) Use any land which has been used as a hazardous waste
| 17 | | disposal site except in compliance with conditions imposed by | 18 | | the Agency
under subsection (g) of Section 39.
| 19 | | (o) Conduct a sanitary landfill operation which is required | 20 | | to have a
permit under subsection (d) of this Section, in a | 21 | | manner which results in
any of the following conditions:
| 22 | | (1) refuse in standing or flowing waters;
| 23 | | (2) leachate flows entering waters of the State;
| 24 | | (3) leachate flows exiting the landfill confines (as | 25 | | determined by the
boundaries established for the landfill | 26 | | by a permit issued by the Agency);
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| 1 | | (4) open burning of refuse in violation of Section 9 of | 2 | | this Act;
| 3 | | (5) uncovered refuse remaining from any previous | 4 | | operating day or at the
conclusion of any operating day, | 5 | | unless authorized by permit;
| 6 | | (6) failure to provide final cover within time limits | 7 | | established by
Board regulations;
| 8 | | (7) acceptance of wastes without necessary permits;
| 9 | | (8) scavenging as defined by Board regulations;
| 10 | | (9) deposition of refuse in any unpermitted portion of | 11 | | the landfill;
| 12 | | (10) acceptance of a special waste without a required | 13 | | manifest;
| 14 | | (11) failure to submit reports required by permits or | 15 | | Board regulations;
| 16 | | (12) failure to collect and contain litter from the | 17 | | site by the end of
each operating day;
| 18 | | (13) failure to submit any cost estimate for the site | 19 | | or any performance
bond or other security for the site as | 20 | | required by this Act or Board rules.
| 21 | | The prohibitions specified in this subsection (o) shall be | 22 | | enforceable by
the Agency either by administrative citation | 23 | | under Section 31.1 of this Act
or as otherwise provided by this | 24 | | Act. The specific prohibitions in this
subsection do not limit | 25 | | the power of the Board to establish regulations
or standards | 26 | | applicable to sanitary landfills.
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| 1 | | (p) In violation of subdivision (a) of this Section, cause | 2 | | or allow the
open dumping of any waste in a manner which | 3 | | results in any of the following
occurrences at the dump site:
| 4 | | (1) litter;
| 5 | | (2) scavenging;
| 6 | | (3) open burning;
| 7 | | (4) deposition of waste in standing or flowing waters;
| 8 | | (5) proliferation of disease vectors;
| 9 | | (6) standing or flowing liquid discharge from the dump | 10 | | site;
| 11 | | (7) deposition of:
| 12 | | (i) general construction or demolition debris as | 13 | | defined in Section
3.160(a) of this Act; or
| 14 | | (ii) clean construction or demolition debris as | 15 | | defined in Section
3.160(b) of this Act.
| 16 | | The prohibitions specified in this subsection (p) shall be
| 17 | | enforceable by the Agency either by administrative citation | 18 | | under Section
31.1 of this Act or as otherwise provided by this | 19 | | Act. The specific
prohibitions in this subsection do not limit | 20 | | the power of the Board to
establish regulations or standards | 21 | | applicable to open dumping.
| 22 | | (q) Conduct a landscape waste composting operation without | 23 | | an Agency
permit, provided, however, that no permit shall be | 24 | | required for any person:
| 25 | | (1) conducting a landscape waste composting operation | 26 | | for landscape
wastes generated by such person's own |
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| 1 | | activities which are stored, treated
or disposed of within | 2 | | the site where such wastes are generated; or
| 3 | | (2) applying landscape waste or composted landscape | 4 | | waste at agronomic
rates; or
| 5 | | (3) operating a landscape waste composting facility on | 6 | | a farm, if the
facility meets all of the following | 7 | | criteria:
| 8 | | (A) the composting facility is operated by the | 9 | | farmer on property on
which the composting material is | 10 | | utilized, and the composting facility
constitutes no | 11 | | more than 2% of the property's total acreage, except | 12 | | that
the Board may allow a higher percentage for | 13 | | individual sites where the owner
or operator has | 14 | | demonstrated to the Board that the site's soil
| 15 | | characteristics or crop needs require a higher rate;
| 16 | | (B) the property on which the composting facility | 17 | | is located, and any
associated property on which the | 18 | | compost is used, is principally and
diligently devoted | 19 | | to the production of agricultural crops and
is not | 20 | | owned, leased or otherwise controlled by any waste | 21 | | hauler
or generator of nonagricultural compost | 22 | | materials, and the operator of the
composting facility | 23 | | is not an employee, partner, shareholder, or in any way
| 24 | | connected with or controlled by any such waste hauler | 25 | | or generator;
| 26 | | (C) all compost generated by the composting |
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| 1 | | facility is applied at
agronomic rates and used as | 2 | | mulch, fertilizer or soil conditioner on land
actually | 3 | | farmed by the person operating the composting | 4 | | facility, and the
finished compost is not stored at the | 5 | | composting site for a period longer
than 18 months | 6 | | prior to its application as mulch, fertilizer, or soil | 7 | | conditioner;
| 8 | | (D) the owner or operator, by January 1, 1990 (or | 9 | | the January 1
following commencement of operation, | 10 | | whichever is later) and January 1 of
each year | 11 | | thereafter, (i) registers the site with the Agency, | 12 | | (ii) reports
to the Agency on the volume of composting | 13 | | material received and used at the
site, (iii) certifies | 14 | | to the Agency that the site complies with the
| 15 | | requirements set forth in subparagraphs (A), (B) and | 16 | | (C) of this paragraph
(q)(3), and (iv) certifies to the | 17 | | Agency that all composting material was
placed more | 18 | | than 200 feet from the nearest potable water supply | 19 | | well, was
placed outside the boundary of the 10-year | 20 | | floodplain or on a part of the
site that is | 21 | | floodproofed, was placed at least 1/4 mile from the | 22 | | nearest
residence (other than a residence located on | 23 | | the same property as the
facility) and there are not | 24 | | more than 10 occupied non-farm residences
within 1/2 | 25 | | mile of the boundaries of the site on the date of | 26 | | application,
and was placed more than 5 feet above the |
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| 1 | | water table.
| 2 | | For the purposes of this subsection (q), "agronomic rates" | 3 | | means the
application of not more than 20 tons per acre per | 4 | | year, except that the
Board may allow a higher rate for | 5 | | individual sites where the owner or
operator has demonstrated | 6 | | to the Board that the site's soil
characteristics or crop needs | 7 | | require a higher rate.
| 8 | | (r) Cause or allow the storage or disposal of coal | 9 | | combustion
waste unless:
| 10 | | (1) such waste is stored or disposed of at a site or
| 11 | | facility for which
a permit has been obtained or is not | 12 | | otherwise required under subsection
(d) of this Section; or
| 13 | | (2) such waste is stored or disposed of as a part of
| 14 | | the design and
reclamation of a site or facility which is | 15 | | an abandoned mine site in
accordance with the Abandoned | 16 | | Mined Lands and Water Reclamation Act; or
| 17 | | (3) such waste is stored or disposed of at a site or
| 18 | | facility which is
operating under NPDES and Subtitle D | 19 | | permits issued by the Agency pursuant
to regulations | 20 | | adopted by the Board for mine-related water pollution and
| 21 | | permits issued pursuant to the Federal Surface Mining | 22 | | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | 23 | | rules and regulations
thereunder or any law or rule or | 24 | | regulation adopted by the State of
Illinois pursuant | 25 | | thereto, and the owner or operator of the facility agrees
| 26 | | to accept the waste; and either
|
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| 1 | | (i) such waste is stored or disposed of in | 2 | | accordance
with requirements
applicable to refuse | 3 | | disposal under regulations adopted by the Board for
| 4 | | mine-related water pollution and pursuant to NPDES and | 5 | | Subtitle D permits
issued by the Agency under such | 6 | | regulations; or
| 7 | | (ii) the owner or operator of the facility | 8 | | demonstrates all of the
following to the Agency, and | 9 | | the facility is operated in accordance with
the | 10 | | demonstration as approved by the Agency: (1) the | 11 | | disposal area will be
covered in a manner that will | 12 | | support continuous vegetation, (2) the
facility will | 13 | | be adequately protected from wind and water erosion, | 14 | | (3) the
pH will be maintained so as to prevent | 15 | | excessive leaching of metal ions,
and (4) adequate | 16 | | containment or other measures will be provided to | 17 | | protect
surface water and groundwater from | 18 | | contamination at levels prohibited by
this Act, the | 19 | | Illinois Groundwater Protection Act, or regulations | 20 | | adopted
pursuant thereto.
| 21 | | Notwithstanding any other provision of this Title, the | 22 | | disposal of coal
combustion waste pursuant to item (2) or (3) | 23 | | of this
subdivision (r) shall
be exempt from the other | 24 | | provisions of this Title V, and notwithstanding
the provisions | 25 | | of Title X of this Act, the Agency is authorized to grant
| 26 | | experimental permits which include provision for the disposal |
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| 1 | | of
wastes from the combustion of coal and other materials | 2 | | pursuant to items
(2) and (3) of this subdivision (r).
| 3 | | (s) After April 1, 1989, offer for transportation, | 4 | | transport, deliver,
receive or accept special waste for which a | 5 | | manifest is required, unless
the manifest indicates that the | 6 | | fee required under Section 22.8 of this
Act has been paid.
| 7 | | (t) Cause or allow a lateral expansion of a municipal solid | 8 | | waste landfill
unit on or after October 9, 1993, without a | 9 | | permit modification, granted by the
Agency, that authorizes the | 10 | | lateral expansion.
| 11 | | (u) Conduct any vegetable by-product treatment, storage, | 12 | | disposal or
transportation operation in violation of any | 13 | | regulation, standards or permit
requirements adopted by the | 14 | | Board under this Act. However, no permit shall be
required | 15 | | under this Title V for the land application of vegetable | 16 | | by-products
conducted pursuant to Agency permit issued under | 17 | | Title III of this Act to
the generator of the vegetable | 18 | | by-products. In addition, vegetable by-products
may be | 19 | | transported in this State without a special waste hauling | 20 | | permit, and
without the preparation and carrying of a manifest.
| 21 | | (v) (Blank).
| 22 | | (w) Conduct any generation, transportation, or recycling | 23 | | of construction or
demolition debris, clean or general, or | 24 | | uncontaminated soil generated during
construction, remodeling, | 25 | | repair, and demolition of utilities, structures, and
roads that | 26 | | is not commingled with any waste, without the maintenance of
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| 1 | | documentation identifying the hauler, generator, place of | 2 | | origin of the debris
or soil, the weight or volume of the | 3 | | debris or soil, and the location, owner,
and operator of the | 4 | | facility where the debris or soil was transferred,
disposed, | 5 | | recycled, or treated. This documentation must be maintained by | 6 | | the
generator, transporter, or recycler for 3 years.
This | 7 | | subsection (w) shall not apply to (1) a permitted pollution | 8 | | control
facility that transfers or accepts construction or | 9 | | demolition debris,
clean or general, or uncontaminated soil for | 10 | | final disposal, recycling, or
treatment, (2) a public utility | 11 | | (as that term is defined in the Public
Utilities Act) or a | 12 | | municipal utility, (3) the Illinois Department of
| 13 | | Transportation, or (4) a municipality or a county highway | 14 | | department, with
the exception of any municipality or county | 15 | | highway department located within a
county having a population | 16 | | of over 3,000,000 inhabitants or located in a county
that
is | 17 | | contiguous to a county having a population of over 3,000,000 | 18 | | inhabitants;
but it shall apply to an entity that contracts | 19 | | with a public utility, a
municipal utility, the Illinois | 20 | | Department of Transportation, or a
municipality or a county | 21 | | highway department.
The terms
"generation" and "recycling" as
| 22 | | used in this subsection do not
apply to clean construction or | 23 | | demolition debris
when (i) used as fill material below grade | 24 | | outside of a setback zone
if covered by sufficient | 25 | | uncontaminated soil to support vegetation within 30
days of the | 26 | | completion of filling or if covered by a road or structure, |
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| 1 | | (ii)
solely broken concrete without
protruding metal bars is | 2 | | used for erosion control, or (iii) milled
asphalt or crushed | 3 | | concrete is used as aggregate in construction of the
shoulder | 4 | | of a roadway. The terms "generation" and "recycling", as used | 5 | | in this
subsection, do not apply to uncontaminated soil
that is | 6 | | not commingled with any waste when (i) used as fill material | 7 | | below
grade or contoured to grade, or (ii) used at the site of | 8 | | generation.
| 9 | | (x) First accept for disposal, on or after the effective | 10 | | date of this amendatory Act of the 98th General Assembly, any | 11 | | waste containing PCBs or PCB items, the disposal of which is | 12 | | subject to prior approval by the U.S. Environmental Protection | 13 | | Agency in accordance with regulations promulgated to implement | 14 | | the Toxic Substances Control Act, (40 CFR 761.75) without | 15 | | having received the specific approval for the disposal of the | 16 | | waste containing PCBs or PCB items at a local siting review | 17 | | hearing conducted in accordance with the requirements of | 18 | | Section 39.2 of this Act. | 19 | | (Source: P.A. 96-611, eff. 8-24-09; 97-220, eff. 7-28-11.)
| 20 | | (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
| 21 | | Sec. 39.2. Local siting review.
| 22 | | (a) The county board of the county or the governing body of | 23 | | the
municipality, as determined by paragraph (c) of Section 39 | 24 | | of this Act, shall
approve or disapprove the request for local | 25 | | siting approval for each pollution
control facility which is |
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| 1 | | subject to such review. An applicant for local
siting approval | 2 | | shall submit sufficient details describing the proposed
| 3 | | facility to demonstrate compliance, and local siting approval | 4 | | shall be granted
only if the proposed facility meets the | 5 | | following criteria:
| 6 | | (i) the facility is necessary to accommodate the waste | 7 | | needs of the area
it is intended to serve;
| 8 | | (ii) the facility is so designed, located and proposed | 9 | | to be operated
that the public health, safety and welfare | 10 | | will be protected;
| 11 | | (iii) the facility is located so as to minimize | 12 | | incompatibility with the
character of the surrounding area | 13 | | and to minimize the effect on the value of
the surrounding | 14 | | property;
| 15 | | (iv) (A) for a facility other than a sanitary landfill | 16 | | or waste disposal
site, the facility is located outside the | 17 | | boundary of the 100 year flood plain
or the site is | 18 | | flood-proofed; (B) for a facility that is a sanitary | 19 | | landfill
or waste disposal site, the facility is located | 20 | | outside the boundary of the
100-year floodplain, or if the | 21 | | facility is a facility described in subsection
(b)(3) of | 22 | | Section 22.19a, the site is flood-proofed;
| 23 | | (v) the plan of operations for the facility is designed | 24 | | to minimize
the danger to the surrounding area from fire, | 25 | | spills, or other operational
accidents;
| 26 | | (vi) the traffic patterns to or from the facility are |
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| 1 | | so designed as to
minimize the impact on existing traffic | 2 | | flows;
| 3 | | (vii) if the facility will be treating, storing or | 4 | | disposing of
hazardous waste, an emergency response plan | 5 | | exists for the facility which
includes notification, | 6 | | containment and evacuation procedures to be used in
case of | 7 | | an accidental release;
| 8 | | (viii) if the facility is to be located in a county | 9 | | where the county
board has adopted a solid waste management | 10 | | plan consistent with the planning
requirements of the Local | 11 | | Solid Waste Disposal Act or the Solid Waste Planning
and | 12 | | Recycling Act, the facility is
consistent with that plan; | 13 | | for purposes of this criterion (viii), the "solid waste | 14 | | management plan" means the plan that is in effect as of the | 15 | | date the application for siting approval is filed; and
| 16 | | (ix) if the facility will be located within a regulated | 17 | | recharge area,
any applicable requirements specified by | 18 | | the Board for such areas have been
met ; and .
| 19 | | (x) if the facility will be located over an aquifer | 20 | | that is known to extend into 14 counties, including one or | 21 | | more counties that contain portions of the Sangamon River, | 22 | | then the operation of the facility at that location must | 23 | | not pose an unreasonable risk of contamination to the | 24 | | aquifer. The county board or the governing body of the | 25 | | municipality conducting the local siting review shall | 26 | | determine whether the proposed location for the facility is |
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| 1 | | over such an aquifer by using only the most current | 2 | | geological maps maintained by the Illinois State | 3 | | Geological Survey. If the proposed facility is determined | 4 | | by the county board or governing body to be located over | 5 | | such an aquifer, the officials of the county or | 6 | | municipality in question shall notify the applicant of that | 7 | | fact and of the need to meet the additional local siting | 8 | | approval criteria set forth in this subsection (x) and to | 9 | | notify, in the manner provided in subsection (b), the chief | 10 | | corporate official of each municipality served by a | 11 | | community water supply that derives any of its potable | 12 | | water from the aquifer. In making its determination as to | 13 | | whether the operation of the facility at the proposed | 14 | | location poses an unreasonable risk of contamination to the | 15 | | aquifer, the county board or the governing body of the | 16 | | municipality shall consider the following: | 17 | | (A) the extent to which there are available | 18 | | alternative ground or surface water sources for | 19 | | potable water that can be economically used by the | 20 | | community water supplies that obtain potable water | 21 | | from the aquifer in order to replace water from the | 22 | | aquifer if it becomes contaminated; and | 23 | | (B) whether materials that may be disposed of at | 24 | | the facility include any hazardous waste or special | 25 | | waste and, if so: | 26 | | (1) the length of time any toxic or hazardous |
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| 1 | | substances contained in such a waste, once | 2 | | disposed of at the facility, can be expected to | 3 | | persist in a chemical state that poses a threat to | 4 | | human health if ingested; | 5 | | (2) whether the applicant has demonstrated | 6 | | that there is an economically feasible means of | 7 | | decontaminating the aquifer if it becomes | 8 | | contaminated by substances originating in such a | 9 | | waste; and | 10 | | (3) whether the applicant has identified a | 11 | | secure source of funds that would be perpetually | 12 | | available and adequate to cover the costs of | 13 | | removing contamination originating from such a | 14 | | waste. | 15 | | The county board or the governing body of the municipality | 16 | | may also
consider as evidence the previous operating experience | 17 | | and past record of
convictions or admissions of violations of | 18 | | the applicant (and any subsidiary
or parent corporation) in the | 19 | | field of solid waste management when
considering criteria (ii) | 20 | | and (v) under this Section. | 21 | | If the facility is subject to the location restrictions in | 22 | | Section 22.14 of this Act, compliance with that Section shall | 23 | | be determined as of the date the application for siting | 24 | | approval is filed.
| 25 | | (b) No later than 14 days before the date on which the | 26 | | county board or
governing body of the municipality receives a |
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| 1 | | request for
site approval, the applicant shall cause written | 2 | | notice
of such request to be served either in person or by | 3 | | registered mail, return
receipt requested, on the owners of all | 4 | | property within the subject area not
solely owned by the | 5 | | applicant, and on the owners of all property within 250
feet in | 6 | | each direction of the lot line of the subject property, said | 7 | | owners
being such persons or entities which appear from the | 8 | | authentic tax records of
the County in which such facility is | 9 | | to be located; provided, that the number
of all feet occupied | 10 | | by all public roads, streets, alleys and other public ways
| 11 | | shall be excluded in computing the 250 feet requirement; | 12 | | provided further, that
in no event shall this requirement | 13 | | exceed 400 feet, including public streets,
alleys and other | 14 | | public ways. In addition, if the facility will be located | 15 | | over an aquifer that is known to extend into 14 counties, | 16 | | including one or more counties that contain portions of the | 17 | | Sangamon River, then no later than 14 days before the date on | 18 | | which the county board or
governing body of the municipality | 19 | | receives a request for
site approval, the applicant shall also | 20 | | cause written notice
of such request to be served either in | 21 | | person or by registered mail, return
receipt requested, on the | 22 | | mayor, village board president, or other chief corporate | 23 | | official of each municipality that is served by a community | 24 | | water supply that, during the 12-month period preceding the | 25 | | submittal of the request for site approval, derived 50% or more | 26 | | of its potable water from the aquifer. The identity of each |
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| 1 | | municipality meeting those criteria shall be determined from | 2 | | current water inventory records maintained by the Illinois | 3 | | Water Inventory Program of the Illinois State Water Surveys | 4 | | Center for Groundwater Science.
| 5 | | Such written notice shall also be served upon members of | 6 | | the General Assembly
from the legislative district in which the | 7 | | proposed facility is located
and shall be published in a | 8 | | newspaper of general circulation published in
the county in | 9 | | which the site is located.
| 10 | | Such notice shall state the name and address of the | 11 | | applicant, the location
of the proposed site, the nature and | 12 | | size of the development, the nature of the
activity proposed, | 13 | | the probable life of the proposed activity, the date when
the | 14 | | request for site approval will be submitted, and a description | 15 | | of the right
of persons to comment on such request as hereafter | 16 | | provided.
| 17 | | (c) An applicant shall file a copy of its request with the | 18 | | county board
of the county or the governing body of the | 19 | | municipality in which the proposed
site is located. The request | 20 | | shall include (i) the substance of the
applicant's proposal and | 21 | | (ii) all documents, if any, submitted as of that date
to the | 22 | | Agency pertaining to the proposed facility, except trade | 23 | | secrets as
determined under Section 7.1 of this Act. All such | 24 | | documents or other
materials on file with the county board or | 25 | | governing body of the municipality
shall be made available for | 26 | | public inspection at the office of the county board
or the |
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| 1 | | governing body of the municipality and may be copied upon | 2 | | payment of the
actual cost of reproduction.
| 3 | | Any person may file written comment with the county board | 4 | | or governing
body of the municipality concerning the | 5 | | appropriateness of the proposed
site for its intended purpose. | 6 | | The county board or governing body of the
municipality shall | 7 | | consider any comment received or postmarked not later
than 30 | 8 | | days after the date of the last public hearing.
| 9 | | (d) At least one public hearing is to be held by the county | 10 | | board or
governing body of the municipality no sooner than 90 | 11 | | days but no later than
120 days after the date on which it | 12 | | received the
request for site approval. No later than 14 days | 13 | | prior to such hearing,
notice shall be published in a newspaper | 14 | | of general circulation published in
the county of the proposed | 15 | | site, and delivered by certified mail to the following: | 16 | | (i) all members
of the General Assembly from the | 17 | | district in which the proposed site is
located, | 18 | | (ii) to the governing authority of every municipality | 19 | | contiguous to the
proposed site or contiguous to the | 20 | | municipality in which the proposed site is
to be located, | 21 | | (iii) to the county board of the county where the | 22 | | proposed site is to
be located, if the proposed site is | 23 | | located within the boundaries of a
municipality, | 24 | | (iv) if the facility is located over an aquifer that is | 25 | | known to extend into 14 counties, including one or more | 26 | | counties that contain portions of the Sangamon River, then |
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| 1 | | to the governing authority of each municipality that is | 2 | | entitled to notice as provided in subsection (b) of this | 3 | | Section; and | 4 | | (v) to the Agency. | 5 | | Members or representatives of the governing
authority of | 6 | | any a municipality that is contiguous to the proposed site , | 7 | | that is or contiguous to
the municipality in which the proposed | 8 | | site is to be located , or that is entitled to notice as | 9 | | provided in subsections (b) and (d), by virtue of being served | 10 | | by community water supplies deriving potable water from an | 11 | | aquifer that is known to extend into 14 counties, including one | 12 | | or more counties that contain portions of the Sangamon River, | 13 | | may appear at and participate in the public hearings held | 14 | | pursuant to this Section. In addition and , if the
proposed site | 15 | | is located in a municipality, members or representatives of the
| 16 | | county board of a county in which the proposed site is to be | 17 | | located may appear
at and participate in public hearings held | 18 | | pursuant to this Section. The
public hearing shall develop a | 19 | | record sufficient to form the basis of appeal
of the decision | 20 | | in accordance with Section 40.1 of this Act. The fact that a
| 21 | | member of the county board or governing body of the | 22 | | municipality has publicly
expressed an opinion on an issue | 23 | | related to a site review proceeding shall not
preclude the | 24 | | member from taking part in the proceeding and voting on the | 25 | | issue.
| 26 | | (e) Decisions of the county board or governing body of the |
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| 1 | | municipality
are to be in writing, specifying the reasons for | 2 | | the decision, such reasons
to be in conformance with subsection | 3 | | (a) of this Section. In granting approval
for a site the county | 4 | | board or governing body of the municipality may impose
such | 5 | | conditions as may be reasonable and necessary to accomplish the | 6 | | purposes
of this Section and as are not inconsistent with | 7 | | regulations promulgated
by the Board. Such decision shall be | 8 | | available for public inspection at
the office of the county | 9 | | board or governing body of the municipality and
may be copied | 10 | | upon payment of the actual cost of reproduction. If there is
no | 11 | | final action by the county board or governing body of the | 12 | | municipality
within 180 days after the date on which it | 13 | | received the
request for site approval, the applicant may deem | 14 | | the request approved.
| 15 | | At any time prior to completion by the applicant of the | 16 | | presentation of
the applicant's factual evidence and an | 17 | | opportunity for cross-questioning
by the county board or | 18 | | governing body of the municipality and any participants,
the | 19 | | applicant may file not more than one amended application upon | 20 | | payment
of additional fees pursuant to subsection (k); in which | 21 | | case the time
limitation for final action set forth in this | 22 | | subsection (e) shall
be extended for an additional period of 90 | 23 | | days.
| 24 | | If, prior to making a final local siting decision, a county | 25 | | board or
governing body of a municipality has negotiated and | 26 | | entered into a host
agreement with the local siting applicant, |
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| 1 | | the terms and conditions of
the host agreement, whether written | 2 | | or oral, shall be disclosed and made
a part of the hearing | 3 | | record for that local siting proceeding.
In the case of an oral | 4 | | agreement, the disclosure shall be made in the form
of a | 5 | | written summary jointly prepared and submitted by the county | 6 | | board or
governing body of the municipality and the siting | 7 | | applicant and shall describe
the terms and conditions of the | 8 | | oral agreement.
| 9 | | (e-5) Siting approval obtained pursuant to this Section is | 10 | | transferable
and may be transferred to a subsequent owner or | 11 | | operator. In the event that
siting approval has been | 12 | | transferred to a subsequent owner or operator, that
subsequent | 13 | | owner or operator assumes and takes subject to any and all
| 14 | | conditions imposed upon the prior owner or operator by the | 15 | | county board of
the county or governing body of the | 16 | | municipality pursuant to subsection (e).
However, any such | 17 | | conditions imposed pursuant to this Section may be modified
by | 18 | | agreement between the subsequent owner or operator and the | 19 | | appropriate
county board or governing body. Further, in the | 20 | | event that siting approval
obtained pursuant to this Section | 21 | | has been transferred to a subsequent owner or
operator, that | 22 | | subsequent owner or operator assumes all rights and obligations
| 23 | | and takes the facility subject to any and all terms and | 24 | | conditions of any
existing host agreement between the prior | 25 | | owner or operator and the appropriate
county board or governing | 26 | | body.
|
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| 1 | | (f) A local siting approval granted under this Section | 2 | | shall expire at
the end of 2 calendar years from the date upon | 3 | | which it was granted, unless
the local siting approval granted | 4 | | under this Section is for a sanitary landfill
operation, in | 5 | | which case the approval shall expire at the end of 3 calendar
| 6 | | years from the date upon which it was granted, and unless | 7 | | within that period
the applicant has made application to the | 8 | | Agency for a
permit to develop the site. In the event that the | 9 | | local siting decision has
been appealed, such expiration period | 10 | | shall be deemed to begin on the date
upon which the appeal | 11 | | process is concluded.
| 12 | | Except as otherwise provided in this subsection, upon the | 13 | | expiration
of a development permit under subsection (k) of | 14 | | Section 39, any associated
local siting approval granted for | 15 | | the facility under this Section shall also
expire.
| 16 | | If a first development permit for a municipal waste | 17 | | incineration
facility expires under subsection (k) of Section | 18 | | 39 after September 30,
1989 due to circumstances beyond the | 19 | | control of the applicant, any
associated local siting approval | 20 | | granted for the facility under this
Section may be used to | 21 | | fulfill the local siting approval requirement upon
application | 22 | | for a second development permit for the same site, provided
| 23 | | that the proposal in the new application is materially the | 24 | | same, with respect
to the criteria in subsection (a) of this | 25 | | Section, as the proposal that
received the original siting | 26 | | approval, and application for the second
development permit is |
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| 1 | | made before January 1, 1990.
| 2 | | (g) The siting approval procedures, criteria and appeal | 3 | | procedures
provided for in this Act for new pollution control | 4 | | facilities
shall be the exclusive siting procedures and rules | 5 | | and appeal procedures
for facilities subject to such | 6 | | procedures. Local zoning or other local land
use requirements | 7 | | shall not be applicable to such siting decisions.
| 8 | | (h) Nothing in this Section shall apply to any existing or | 9 | | new
pollution control facility located within the corporate | 10 | | limits of
a municipality with a population of over 1,000,000.
| 11 | | (i) (Blank.)
| 12 | | The Board shall adopt regulations establishing the | 13 | | geologic and
hydrologic siting criteria necessary to protect | 14 | | usable groundwater
resources which are to be followed by the | 15 | | Agency in its review of permit
applications for new pollution | 16 | | control facilities. Such
regulations, insofar as they apply to | 17 | | new pollution control
facilities authorized to store, treat or | 18 | | dispose of any hazardous waste,
shall be at least as stringent | 19 | | as the requirements of the Resource
Conservation and Recovery | 20 | | Act and any State or federal regulations adopted
pursuant | 21 | | thereto.
| 22 | | (j) Any new pollution control facility which has never | 23 | | obtained local
siting approval under the provisions of this | 24 | | Section shall be required to
obtain such approval after a final | 25 | | decision on an appeal of a permit denial.
| 26 | | (k) A county board or governing body of a municipality may |
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| 1 | | charge
applicants for siting review under this Section a | 2 | | reasonable fee to cover
the reasonable and necessary costs | 3 | | incurred by such county or municipality
in the siting review | 4 | | process.
| 5 | | (l) The governing Authority as determined by subsection (c) | 6 | | of Section
39 of this Act may request the Department of | 7 | | Transportation to perform
traffic impact studies of proposed or | 8 | | potential locations for required
pollution control facilities.
| 9 | | (m) An applicant may not file a request for local siting | 10 | | approval which is
substantially the same as a request which was | 11 | | disapproved pursuant to a
finding against the applicant under | 12 | | any of criteria (i) through (ix) of
subsection (a) of this | 13 | | Section within the preceding 2 years.
| 14 | | (n) In any review proceeding of a decision of the county | 15 | | board or
governing body of a municipality made pursuant to the | 16 | | local
siting review process, the petitioner in the review | 17 | | proceeding shall pay to
the county or municipality the cost of | 18 | | preparing and certifying the record
of proceedings. Should the | 19 | | petitioner in the review proceeding fail to make
payment, the | 20 | | provisions of Section 3-109 of the Code of Civil
Procedure | 21 | | shall apply.
| 22 | | In the event the petitioner is a citizens' group that | 23 | | participated in the
siting proceeding and is so located as to | 24 | | be affected by the proposed
facility, such petitioner shall be | 25 | | exempt from paying the costs of
preparing and certifying the | 26 | | record.
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| 1 | | (o) Notwithstanding any other provision of this Section, a | 2 | | transfer
station used exclusively for landscape waste, where | 3 | | landscape waste is held
no longer than 24 hours from the time | 4 | | it was received, is not subject to the
requirements of local | 5 | | siting approval under this Section, but is subject only
to | 6 | | local zoning approval.
| 7 | | (Source: P.A. 94-591, eff. 8-15-05; 95-288, eff. 8-20-07.)".
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