Full Text of HB3090 102nd General Assembly
HB3090ham001 102ND GENERAL ASSEMBLY | Rep. Sonya M. Harper Filed: 4/21/2021
| | 10200HB3090ham001 | | LRB102 14040 CPF 25272 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3090
| 2 | | AMENDMENT NO. ______. Amend House Bill 3090 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be referred to as the | 5 | | Fairness in Environmental Permitting Act. | 6 | | Section 5. Findings; purpose. | 7 | | (a) The General Assembly finds that: | 8 | | (1) the State of Illinois has a long-standing policy, | 9 | | prescribed by Article XI of the Illinois Constitution, to | 10 | | maintain a healthful environment for the benefit of this | 11 | | and future generations and that every State resident is | 12 | | entitled to a healthful environment; | 13 | | (2) a healthful environment is essential to the | 14 | | sustainable growth and development of the State and its | 15 | | residents; | 16 | | (3) persistent racial and economic inequalities, and |
| | | 10200HB3090ham001 | - 2 - | LRB102 14040 CPF 25272 a |
|
| 1 | | the forces that cause them, embedded throughout society | 2 | | have concentrated harmful environmental polluters of the | 3 | | air, water and land near and within communities of color, | 4 | | tribal communities, and low-income communities; | 5 | | (4) as a result, these communities have historically | 6 | | borne and continue to bear a disproportionate level of | 7 | | environmental pollution and associated adverse human | 8 | | health effects resulting from the construction and | 9 | | operation of industrial, municipal and commercial | 10 | | activities, relative to other neighborhoods; | 11 | | (5) the current permitting practices of the Illinois | 12 | | Environmental Protection Agency are inadequate for | 13 | | protecting residents of these communities from bearing a | 14 | | disproportional level of environmental pollution and | 15 | | associated adverse human health effects; | 16 | | (6) a permit application shall not be considered in | 17 | | isolation but rather as part of these communities' | 18 | | existing cumulative levels of environmental pollution and | 19 | | associated adverse human health effects, such that whether | 20 | | and how approval of a new permit or renewal of an existing | 21 | | permit would affect those cumulative burdens is | 22 | | independent justification for rejecting a permit | 23 | | application; | 24 | | (7) it is essential that the Agency consider past | 25 | | incidents of noncompliance with permit requirements, state | 26 | | laws, and local ordinances when determining whether a |
| | | 10200HB3090ham001 | - 3 - | LRB102 14040 CPF 25272 a |
|
| 1 | | permit application is approved or denied, such that a | 2 | | documented history of noncompliance is independent | 3 | | justification for rejecting a permit application; | 4 | | (8) in-person public meetings and hearings in or near | 5 | | communities in which permit applicants are located or | 6 | | proposed to be located must inform the Agency's decision | 7 | | making about pending permit applications, especially in | 8 | | communities that have historically borne and continue to | 9 | | bear a disproportionate level of environmental pollution | 10 | | and associated adverse human health effects resulting from | 11 | | the construction and operation of industrial, municipal | 12 | | and commercial activities, relative to other | 13 | | neighborhoods; | 14 | | (9) documenting and responding to the questions and | 15 | | concerns of residents at such in-person public meetings | 16 | | and hearings is crucial to full evaluation of a permit | 17 | | application, which shall not be considered complete unless | 18 | | residents are given the opportunity to make their voices | 19 | | heard in a meaningful way about a permit application that | 20 | | will affect their community; | 21 | | (10) statutory deadlines for approving a permit | 22 | | application are subordinate to the overarching requirement | 23 | | that the Agency conduct a thorough and complete evaluation | 24 | | of a permit application, and thus those deadlines should | 25 | | be extended to the extent necessary to complete a thorough | 26 | | and complete evaluation that includes the factors |
| | | 10200HB3090ham001 | - 4 - | LRB102 14040 CPF 25272 a |
|
| 1 | | discussed throughout these findings; and | 2 | | (11) the ability for third parties to appeal the | 3 | | granting of a permit for a facility that emits air | 4 | | pollutants and is classified as a minor source ensures | 5 | | affected residents may hold polluters and the Agency | 6 | | accountable for its permitting decisions. | 7 | | (b) The purpose of this amendatory Act is to bolster the | 8 | | Agency's permitting procedures in a way that ensures the | 9 | | Agency comprehensively considers a permit applicant's past | 10 | | noncompliance with permit requirements and state and local | 11 | | laws, as well as the cumulative effect approval of a permit | 12 | | would have on a community's levels of environmental pollution | 13 | | and associated adverse human health effects; affected | 14 | | residents are given meaningful opportunities to voice their | 15 | | concerns about permit applications at in-person hearings; and | 16 | | there is an avenue through which third parties may appeal a | 17 | | permit for a facility that emits air pollutants and is | 18 | | classified as a minor source. | 19 | | Section 10. The Environmental Protection Act is amended by | 20 | | changing Sections 39 and 40 and by adding Title XVIII as | 21 | | follows:
| 22 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| 23 | | Sec. 39. Issuance of permits; procedures.
| 24 | | (a) When the Board has by regulation required a permit for
|
| | | 10200HB3090ham001 | - 5 - | LRB102 14040 CPF 25272 a |
|
| 1 | | the construction, installation, or operation of any type of | 2 | | facility,
equipment, vehicle, vessel, or aircraft, the | 3 | | applicant shall apply to
the Agency for such permit and it | 4 | | shall be the duty of the Agency to
issue such a permit upon | 5 | | proof by the applicant that the facility,
equipment, vehicle, | 6 | | vessel, or aircraft will not cause a violation of
this Act or | 7 | | of regulations hereunder. The Agency shall adopt such
| 8 | | procedures as are necessary to carry out its duties under this | 9 | | Section.
In making its determinations on permit applications | 10 | | under this Section the Agency shall may consider prior | 11 | | adjudications of
noncompliance with this Act , local | 12 | | ordinances, or both by the applicant that involved a release | 13 | | of a
contaminant into the environment. In granting permits, | 14 | | the Agency shall
may impose reasonable conditions specifically | 15 | | related to the applicant's past
compliance history with this | 16 | | Act , local ordinances, or both as necessary to correct, | 17 | | detect, or
prevent noncompliance with this Act . The Agency | 18 | | shall may impose such other conditions
as may be necessary to | 19 | | accomplish the purposes of this Act, and as are not
| 20 | | inconsistent with the regulations promulgated by the Board | 21 | | hereunder. Except as
otherwise provided in this Act, a bond or | 22 | | other security shall not be required
as a condition for the | 23 | | issuance of a permit. If the Agency denies any permit
under | 24 | | this Section, the Agency shall transmit to the applicant | 25 | | within the time
limitations of this Section specific, detailed | 26 | | statements as to the reasons the
permit application was |
| | | 10200HB3090ham001 | - 6 - | LRB102 14040 CPF 25272 a |
|
| 1 | | denied. Such statements shall include, but not be
limited to | 2 | | the following:
| 3 | | (i) the Sections of this Act which may be violated if | 4 | | the permit
were granted;
| 5 | | (ii) the provision of the regulations, promulgated | 6 | | under this Act,
which may be violated if the permit were | 7 | | granted;
| 8 | | (iii) the specific type of information, if any, which | 9 | | the Agency
deems the applicant did not provide the Agency; | 10 | | and
| 11 | | (iv) a statement of specific reasons why the Act and | 12 | | the regulations
might not be met if the permit were | 13 | | granted.
| 14 | | If there is no final action by the Agency within 90 days | 15 | | after the
filing of the application for permit, the applicant | 16 | | may deem the permit
issued; except that this time period shall | 17 | | be extended to 180 days when
(1) notice and opportunity for | 18 | | public hearing are required by State or
federal law or | 19 | | regulation, (2) the application which was filed is for
any | 20 | | permit to develop a landfill subject to issuance pursuant to | 21 | | this
subsection, or (3) the application that was filed is for a | 22 | | MSWLF unit
required to issue public notice under subsection | 23 | | (p) of Section 39. The
90-day and 180-day time periods for the | 24 | | Agency to take final action do not
apply to NPDES permit | 25 | | applications under subsection (b) of this Section,
to RCRA | 26 | | permit applications under subsection (d) of this Section,
to |
| | | 10200HB3090ham001 | - 7 - | LRB102 14040 CPF 25272 a |
|
| 1 | | UIC permit applications under subsection (e) of this Section, | 2 | | or to CCR surface impoundment applications under subsection | 3 | | (y) of this Section , or when the Director issues a finding that | 4 | | additional time is necessary for the Agency to provide for | 5 | | public participation or to complete its analysis of the permit | 6 | | application or public comments to ensure compliance with the | 7 | | requirements of this Act .
| 8 | | The Agency shall publish notice of all final permit | 9 | | determinations for
development permits for MSWLF units and for | 10 | | significant permit modifications
for lateral expansions for | 11 | | existing MSWLF units one time in a newspaper of
general | 12 | | circulation in the county in which the unit is or is proposed | 13 | | to be
located.
| 14 | | After January 1, 1994 and until July 1, 1998, operating | 15 | | permits issued under
this Section by the
Agency for sources of | 16 | | air pollution permitted to emit less than 25 tons
per year of | 17 | | any combination of regulated air pollutants, as defined in
| 18 | | Section 39.5 of this Act, shall be required to be renewed only | 19 | | upon written
request by the Agency consistent with applicable | 20 | | provisions of this Act and
regulations promulgated hereunder. | 21 | | Such operating permits shall expire
180 days after the date of | 22 | | such a request. The Board shall revise its
regulations for the | 23 | | existing State air pollution operating permit program
| 24 | | consistent with this provision by January 1, 1994.
| 25 | | After June 30, 1998, operating permits issued under this | 26 | | Section by the
Agency for sources of air pollution that are not |
| | | 10200HB3090ham001 | - 8 - | LRB102 14040 CPF 25272 a |
|
| 1 | | subject to Section 39.5 of
this Act and are not required to | 2 | | have a federally enforceable State operating
permit shall be | 3 | | required to be renewed only upon written request by the Agency
| 4 | | consistent with applicable provisions of this Act and its | 5 | | rules. Such
operating permits shall expire 180 days after the | 6 | | date of such a request.
Before July 1, 1998, the Board shall | 7 | | revise its rules for the existing State
air pollution | 8 | | operating permit program consistent with this paragraph and | 9 | | shall
adopt rules that require a source to demonstrate that it | 10 | | qualifies for a permit
under this paragraph.
| 11 | | (b) The Agency may issue NPDES permits exclusively under | 12 | | this
subsection for the discharge of contaminants from point | 13 | | sources into
navigable waters, all as defined in the Federal | 14 | | Water Pollution Control
Act, as now or hereafter amended, | 15 | | within the jurisdiction of the
State, or into any well.
| 16 | | All NPDES permits shall contain those terms and | 17 | | conditions, including ,
but not limited to , schedules of | 18 | | compliance, which may be required to
accomplish the purposes | 19 | | and provisions of this Act.
| 20 | | The Agency may issue general NPDES permits for discharges | 21 | | from categories
of point sources which are subject to the same | 22 | | permit limitations and
conditions. Such general permits may be | 23 | | issued without individual
applications and shall conform to | 24 | | regulations promulgated under Section 402
of the Federal Water | 25 | | Pollution Control Act, as now or hereafter amended.
| 26 | | The Agency may include, among such conditions, effluent |
| | | 10200HB3090ham001 | - 9 - | LRB102 14040 CPF 25272 a |
|
| 1 | | limitations
and other requirements established under this Act, | 2 | | Board regulations,
the Federal Water Pollution Control Act, as | 3 | | now or hereafter amended, and
regulations pursuant thereto, | 4 | | and schedules for achieving compliance
therewith at the | 5 | | earliest reasonable date.
| 6 | | The Agency shall adopt filing requirements and procedures | 7 | | which are
necessary and appropriate for the issuance of NPDES | 8 | | permits, and which
are consistent with the Act or regulations | 9 | | adopted by the Board, and
with the Federal Water Pollution | 10 | | Control Act, as now or hereafter
amended, and regulations | 11 | | pursuant thereto.
| 12 | | The Agency, subject to any conditions which may be | 13 | | prescribed by
Board regulations, may issue NPDES permits to | 14 | | allow discharges beyond
deadlines established by this Act or | 15 | | by regulations of the Board without
the requirement of a | 16 | | variance, subject to the Federal Water Pollution
Control Act, | 17 | | as now or hereafter amended, and regulations pursuant thereto.
| 18 | | (c) Except for those facilities owned or operated by | 19 | | sanitary districts
organized under the Metropolitan Water | 20 | | Reclamation District Act, no
permit for the development or | 21 | | construction of a new pollution control
facility may be | 22 | | granted by the Agency unless the applicant submits proof to | 23 | | the
Agency that the location of the facility has been approved | 24 | | by the county board County Board
of the county if in an | 25 | | unincorporated area, or the governing body of the
municipality | 26 | | when in an incorporated area, in which the facility is to be
|
| | | 10200HB3090ham001 | - 10 - | LRB102 14040 CPF 25272 a |
|
| 1 | | located in accordance with Section 39.2 of this Act. For | 2 | | purposes of this subsection (c), and for purposes of Section | 3 | | 39.2 of this Act, the appropriate county board or governing | 4 | | body of the municipality shall be the county board of the | 5 | | county or the governing body of the municipality in which the | 6 | | facility is to be located as of the date when the application | 7 | | for siting approval is filed.
| 8 | | In the event that siting approval granted pursuant to | 9 | | Section 39.2 has
been transferred to a subsequent owner or | 10 | | operator, that subsequent owner or
operator may apply to the | 11 | | Agency for, and the Agency may grant, a development
or | 12 | | construction permit for the facility for which local siting | 13 | | approval was
granted. Upon application to the Agency for a | 14 | | development or
construction permit by that subsequent owner or | 15 | | operator,
the permit applicant shall cause written notice of | 16 | | the permit application
to be served upon the appropriate | 17 | | county board or governing body of the
municipality that | 18 | | granted siting approval for that facility and upon any party
| 19 | | to the siting proceeding pursuant to which siting approval was | 20 | | granted. In
that event, the Agency shall conduct an evaluation | 21 | | of the subsequent owner or
operator's prior experience in | 22 | | waste management operations in the manner
conducted under | 23 | | subsection (i) of Section 39 of this Act.
| 24 | | Beginning August 20, 1993, if the pollution control | 25 | | facility consists of a
hazardous or solid waste disposal | 26 | | facility for which the proposed site is
located in an |
| | | 10200HB3090ham001 | - 11 - | LRB102 14040 CPF 25272 a |
|
| 1 | | unincorporated area of a county with a population of less than
| 2 | | 100,000 and includes all or a portion of a parcel of land that | 3 | | was, on April 1,
1993, adjacent to a municipality having a | 4 | | population of less than 5,000, then
the local siting review | 5 | | required under this subsection (c) in conjunction with
any | 6 | | permit applied for after that date shall be performed by the | 7 | | governing body
of that adjacent municipality rather than the | 8 | | county board of the county in
which the proposed site is | 9 | | located; and for the purposes of that local siting
review, any | 10 | | references in this Act to the county board shall be deemed to | 11 | | mean
the governing body of that adjacent municipality; | 12 | | provided, however, that the
provisions of this paragraph shall | 13 | | not apply to any proposed site which was, on
April 1, 1993, | 14 | | owned in whole or in part by another municipality.
| 15 | | In the case of a pollution control facility for which a
| 16 | | development permit was issued before November 12, 1981, if an | 17 | | operating
permit has not been issued by the Agency prior to | 18 | | August 31, 1989 for
any portion of the facility, then the | 19 | | Agency may not issue or renew any
development permit nor issue | 20 | | an original operating permit for any portion of
such facility | 21 | | unless the applicant has submitted proof to the Agency that | 22 | | the
location of the facility has been approved by the | 23 | | appropriate county board or
municipal governing body pursuant | 24 | | to Section 39.2 of this Act.
| 25 | | After January 1, 1994, if a solid waste
disposal facility, | 26 | | any portion for which an operating permit has been issued by
|
| | | 10200HB3090ham001 | - 12 - | LRB102 14040 CPF 25272 a |
|
| 1 | | the Agency, has not accepted waste disposal for 5 or more | 2 | | consecutive calendar calendars
years, before that facility may | 3 | | accept any new or additional waste for
disposal, the owner and | 4 | | operator must obtain a new operating permit under this
Act for | 5 | | that facility unless the owner and operator have applied to | 6 | | the Agency
for a permit authorizing the temporary suspension | 7 | | of waste acceptance. The
Agency may not issue a new operation | 8 | | permit under this Act for the facility
unless the applicant | 9 | | has submitted proof to the Agency that the location of the
| 10 | | facility has been approved or re-approved by the appropriate | 11 | | county board or
municipal governing body under Section 39.2 of | 12 | | this Act after the facility
ceased accepting waste.
| 13 | | Except for those facilities owned or operated by sanitary | 14 | | districts
organized under the Metropolitan Water Reclamation | 15 | | District Act, and
except for new pollution control facilities | 16 | | governed by Section 39.2,
and except for fossil fuel mining | 17 | | facilities, the granting of a permit under
this Act shall not | 18 | | relieve the applicant from meeting and securing all
necessary | 19 | | zoning approvals from the unit of government having zoning
| 20 | | jurisdiction over the proposed facility.
| 21 | | Before beginning construction on any new sewage treatment | 22 | | plant or sludge
drying site to be owned or operated by a | 23 | | sanitary district organized under
the Metropolitan Water | 24 | | Reclamation District Act for which a new
permit (rather than | 25 | | the renewal or amendment of an existing permit) is
required, | 26 | | such sanitary district shall hold a public hearing within the
|
| | | 10200HB3090ham001 | - 13 - | LRB102 14040 CPF 25272 a |
|
| 1 | | municipality within which the proposed facility is to be | 2 | | located, or within the
nearest community if the proposed | 3 | | facility is to be located within an
unincorporated area, at | 4 | | which information concerning the proposed facility
shall be | 5 | | made available to the public, and members of the public shall | 6 | | be given
the opportunity to express their views concerning the | 7 | | proposed facility.
| 8 | | The Agency may issue a permit for a municipal waste | 9 | | transfer station
without requiring approval pursuant to | 10 | | Section 39.2 provided that the following
demonstration is | 11 | | made:
| 12 | | (1) the municipal waste transfer station was in | 13 | | existence on or before
January 1, 1979 and was in | 14 | | continuous operation from January 1, 1979 to January
1, | 15 | | 1993;
| 16 | | (2) the operator submitted a permit application to the | 17 | | Agency to develop
and operate the municipal waste transfer | 18 | | station during April of 1994;
| 19 | | (3) the operator can demonstrate that the county board | 20 | | of the county, if
the municipal waste transfer station is | 21 | | in an unincorporated area, or the
governing body of the | 22 | | municipality, if the station is in an incorporated area,
| 23 | | does not object to resumption of the operation of the | 24 | | station; and
| 25 | | (4) the site has local zoning approval.
| 26 | | (d) The Agency may issue RCRA permits exclusively under |
| | | 10200HB3090ham001 | - 14 - | LRB102 14040 CPF 25272 a |
|
| 1 | | this
subsection to persons owning or operating a facility for | 2 | | the treatment,
storage, or disposal of hazardous waste as | 3 | | defined under this Act. Subsection (y) of this Section, rather | 4 | | than this subsection (d), shall apply to permits issued for | 5 | | CCR surface impoundments.
| 6 | | All RCRA permits shall contain those terms and conditions, | 7 | | including , but
not limited to , schedules of compliance, which | 8 | | may be required to accomplish
the purposes and provisions of | 9 | | this Act. The Agency may include among such
conditions | 10 | | standards and other requirements established under this Act,
| 11 | | Board regulations, the Resource Conservation and Recovery Act | 12 | | of 1976 (P.L.
94-580), as amended, and regulations pursuant | 13 | | thereto, and may include
schedules for achieving compliance | 14 | | therewith as soon as possible. The
Agency shall require that a | 15 | | performance bond or other security be provided
as a condition | 16 | | for the issuance of a RCRA permit.
| 17 | | In the case of a permit to operate a hazardous waste or PCB | 18 | | incinerator
as defined in subsection (k) of Section 44, the | 19 | | Agency shall require, as a
condition of the permit, that the | 20 | | operator of the facility perform such
analyses of the waste to | 21 | | be incinerated as may be necessary and appropriate
to ensure | 22 | | the safe operation of the incinerator.
| 23 | | The Agency shall adopt filing requirements and procedures | 24 | | which
are necessary and appropriate for the issuance of RCRA | 25 | | permits, and which
are consistent with the Act or regulations | 26 | | adopted by the Board, and with
the Resource Conservation and |
| | | 10200HB3090ham001 | - 15 - | LRB102 14040 CPF 25272 a |
|
| 1 | | Recovery Act of 1976 (P.L. 94-580), as
amended, and | 2 | | regulations pursuant thereto.
| 3 | | The applicant shall make available to the public for | 4 | | inspection all
documents submitted by the applicant to the | 5 | | Agency in furtherance
of an application, with the exception of | 6 | | trade secrets, at the office of
the county board or governing | 7 | | body of the municipality. Such documents
may be copied upon | 8 | | payment of the actual cost of reproduction during regular
| 9 | | business hours of the local office. The Agency shall issue a | 10 | | written statement
concurrent with its grant or denial of the | 11 | | permit explaining the basis for its
decision.
| 12 | | (e) The Agency may issue UIC permits exclusively under | 13 | | this
subsection to persons owning or operating a facility for | 14 | | the underground
injection of contaminants as defined under | 15 | | this Act.
| 16 | | All UIC permits shall contain those terms and conditions, | 17 | | including , but
not limited to , schedules of compliance, which | 18 | | may be required to accomplish
the purposes and provisions of | 19 | | this Act. The Agency may include among such
conditions | 20 | | standards and other requirements established under this Act,
| 21 | | Board regulations, the Safe Drinking Water Act (P.L. 93-523), | 22 | | as amended,
and regulations pursuant thereto, and may include | 23 | | schedules for achieving
compliance therewith. The Agency shall | 24 | | require that a performance bond or
other security be provided | 25 | | as a condition for the issuance of a UIC permit.
| 26 | | The Agency shall adopt filing requirements and procedures |
| | | 10200HB3090ham001 | - 16 - | LRB102 14040 CPF 25272 a |
|
| 1 | | which
are necessary and appropriate for the issuance of UIC | 2 | | permits, and which
are consistent with the Act or regulations | 3 | | adopted by the Board, and with
the Safe Drinking Water Act | 4 | | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 5 | | The applicant shall make available to the public for | 6 | | inspection, all
documents submitted by the applicant to the | 7 | | Agency in furtherance of an
application, with the exception of | 8 | | trade secrets, at the office of the county
board or governing | 9 | | body of the municipality. Such documents may be copied upon
| 10 | | payment of the actual cost of reproduction during regular | 11 | | business hours of the
local office. The Agency shall issue a | 12 | | written statement concurrent with its
grant or denial of the | 13 | | permit explaining the basis for its decision.
| 14 | | (f) In making any determination pursuant to Section 9.1 of | 15 | | this Act:
| 16 | | (1) The Agency shall have authority to make the | 17 | | determination of any
question required to be determined by | 18 | | the Clean Air Act, as now or
hereafter amended, this Act, | 19 | | or the regulations of the Board, including the
| 20 | | determination of the Lowest Achievable Emission Rate, | 21 | | Maximum Achievable
Control Technology, or Best Available | 22 | | Control Technology, consistent with the
Board's | 23 | | regulations, if any.
| 24 | | (2) The Agency shall adopt requirements as necessary | 25 | | to implement public participation procedures, including, | 26 | | but not limited to, public notice, comment, and an |
| | | 10200HB3090ham001 | - 17 - | LRB102 14040 CPF 25272 a |
|
| 1 | | opportunity for hearing, which must accompany the | 2 | | processing of applications for PSD permits. The Agency | 3 | | shall briefly describe and respond to all significant | 4 | | comments on the draft permit raised during the public | 5 | | comment period or during any hearing. The Agency may group | 6 | | related comments together and provide one unified response | 7 | | for each issue raised. | 8 | | (3) Any complete permit application submitted to the | 9 | | Agency under this subsection for a PSD permit shall be | 10 | | granted or denied by the Agency not later than one year | 11 | | after the filing of such completed application. | 12 | | (4) The Agency shall, after conferring with the | 13 | | applicant, give written
notice to the applicant of its | 14 | | proposed decision on the application , including
the terms | 15 | | and conditions of the permit to be issued and the facts, | 16 | | conduct ,
or other basis upon which the Agency will rely to | 17 | | support its proposed action.
| 18 | | (g) The Agency shall include as conditions upon all | 19 | | permits issued for
hazardous waste disposal sites such | 20 | | restrictions upon the future use
of such sites as are | 21 | | reasonably necessary to protect public health and
the | 22 | | environment, including permanent prohibition of the use of | 23 | | such
sites for purposes which may create an unreasonable risk | 24 | | of injury to human
health or to the environment. After | 25 | | administrative and judicial challenges
to such restrictions | 26 | | have been exhausted, the Agency shall file such
restrictions |
| | | 10200HB3090ham001 | - 18 - | LRB102 14040 CPF 25272 a |
|
| 1 | | of record in the Office of the Recorder of the county in which
| 2 | | the hazardous waste disposal site is located.
| 3 | | (h) A hazardous waste stream may not be deposited in a | 4 | | permitted hazardous
waste site unless specific authorization | 5 | | is obtained from the Agency by the
generator and disposal site | 6 | | owner and operator for the deposit of that specific
hazardous | 7 | | waste stream. The Agency may grant specific authorization for
| 8 | | disposal of hazardous waste streams only after the generator | 9 | | has reasonably
demonstrated that, considering
technological | 10 | | feasibility and economic reasonableness, the hazardous waste
| 11 | | cannot be reasonably recycled for reuse, nor incinerated or | 12 | | chemically,
physically or biologically treated so as to | 13 | | neutralize the hazardous waste
and render it nonhazardous. In | 14 | | granting authorization under this Section,
the Agency may | 15 | | impose such conditions as may be necessary to accomplish
the | 16 | | purposes of the Act and are consistent with this Act and | 17 | | regulations
promulgated by the Board hereunder. If the Agency | 18 | | refuses to grant
authorization under this Section, the | 19 | | applicant may appeal as if the Agency
refused to grant a | 20 | | permit, pursuant to the provisions of subsection (a) of
| 21 | | Section 40 of this Act. For purposes of this subsection (h), | 22 | | the term
"generator" has the meaning given in Section 3.205 of | 23 | | this Act,
unless: (1) the hazardous waste is treated, | 24 | | incinerated, or partially recycled
for reuse prior to | 25 | | disposal, in which case the last person who treats,
| 26 | | incinerates, or partially recycles the hazardous waste prior |
| | | 10200HB3090ham001 | - 19 - | LRB102 14040 CPF 25272 a |
|
| 1 | | to disposal is the
generator; or (2) the hazardous waste is | 2 | | from a response action, in which case
the person performing | 3 | | the response action is the generator. This subsection
(h) does | 4 | | not apply to any hazardous waste that is restricted from land | 5 | | disposal
under 35 Ill. Adm. Code 728.
| 6 | | (i) Before issuing any RCRA permit, any permit for a waste | 7 | | storage site,
sanitary landfill, waste disposal site, waste | 8 | | transfer station, waste treatment
facility, waste incinerator, | 9 | | or any waste-transportation operation, any permit or interim | 10 | | authorization for a clean construction or demolition debris | 11 | | fill operation, or any permit required under subsection (d-5) | 12 | | of Section 55, the Agency
shall conduct an evaluation of the | 13 | | prospective owner's or operator's prior
experience in waste | 14 | | management operations, clean construction or demolition debris | 15 | | fill operations, and tire storage site management. The Agency | 16 | | may deny such a permit, or deny or revoke interim | 17 | | authorization,
if the prospective owner or operator or any | 18 | | employee or officer of the
prospective owner or operator has a | 19 | | history of:
| 20 | | (1) repeated violations of federal, State, or local | 21 | | laws, regulations,
standards, or ordinances in the | 22 | | operation of waste management facilities or
sites, clean | 23 | | construction or demolition debris fill operation | 24 | | facilities or sites, or tire storage sites; or
| 25 | | (2) conviction in this or another State of any crime | 26 | | which is a felony
under the laws of this State, or |
| | | 10200HB3090ham001 | - 20 - | LRB102 14040 CPF 25272 a |
|
| 1 | | conviction of a felony in a federal court; or conviction | 2 | | in this or another state or federal court of any of the | 3 | | following crimes: forgery, official misconduct, bribery, | 4 | | perjury, or knowingly submitting false information under | 5 | | any environmental law, regulation, or permit term or | 6 | | condition; or
| 7 | | (3) proof of gross carelessness or incompetence in | 8 | | handling, storing,
processing, transporting or disposing | 9 | | of waste, clean construction or demolition debris, or used | 10 | | or waste tires, or proof of gross carelessness or | 11 | | incompetence in using clean construction or demolition | 12 | | debris as fill.
| 13 | | (i-5) Before issuing any permit or approving any interim | 14 | | authorization for a clean construction or demolition debris | 15 | | fill operation in which any ownership interest is transferred | 16 | | between January 1, 2005, and the effective date of the | 17 | | prohibition set forth in Section 22.52 of this Act, the Agency | 18 | | shall conduct an evaluation of the operation if any previous | 19 | | activities at the site or facility may have caused or allowed | 20 | | contamination of the site. It shall be the responsibility of | 21 | | the owner or operator seeking the permit or interim | 22 | | authorization to provide to the Agency all of the information | 23 | | necessary for the Agency to conduct its evaluation. The Agency | 24 | | may deny a permit or interim authorization if previous | 25 | | activities at the site may have caused or allowed | 26 | | contamination at the site, unless such contamination is |
| | | 10200HB3090ham001 | - 21 - | LRB102 14040 CPF 25272 a |
|
| 1 | | authorized under any permit issued by the Agency.
| 2 | | (j) The issuance under this Act of a permit to engage in | 3 | | the surface mining
of any resources other than fossil fuels | 4 | | shall not relieve
the permittee from its duty to comply with | 5 | | any applicable local law regulating
the commencement, location | 6 | | or operation of surface mining facilities.
| 7 | | (k) A development permit issued under subsection (a) of | 8 | | Section 39 for any
facility or site which is required to have a | 9 | | permit under subsection (d) of
Section 21 shall expire at the | 10 | | end of 2 calendar years from the date upon which
it was issued, | 11 | | unless within that period the applicant has taken action to
| 12 | | develop the facility or the site. In the event that review of | 13 | | the
conditions of the development permit is sought pursuant to | 14 | | Section 40 or
41, or permittee is prevented from commencing | 15 | | development of the facility
or site by any other litigation | 16 | | beyond the permittee's control, such
two-year period shall be | 17 | | deemed to begin on the date upon which such review
process or | 18 | | litigation is concluded.
| 19 | | (l) No permit shall be issued by the Agency under this Act | 20 | | for
construction or operation of any facility or site located | 21 | | within the
boundaries of any setback zone established pursuant | 22 | | to this Act, where such
construction or operation is | 23 | | prohibited.
| 24 | | (m) The Agency may issue permits to persons owning or | 25 | | operating
a facility for composting landscape waste. In | 26 | | granting such permits, the Agency
may impose such conditions |
| | | 10200HB3090ham001 | - 22 - | LRB102 14040 CPF 25272 a |
|
| 1 | | as may be necessary to accomplish the purposes of
this Act, and | 2 | | as are not inconsistent with applicable regulations | 3 | | promulgated
by the Board. Except as otherwise provided in this | 4 | | Act, a bond or other
security shall not be required as a | 5 | | condition for the issuance of a permit. If
the Agency denies | 6 | | any permit pursuant to this subsection, the Agency shall
| 7 | | transmit to the applicant within the time limitations of this | 8 | | subsection
specific, detailed statements as to the reasons the | 9 | | permit application was
denied. Such statements shall include | 10 | | but not be limited to the following:
| 11 | | (1) the Sections of this Act that may be violated if | 12 | | the permit
were granted;
| 13 | | (2) the specific regulations promulgated pursuant to | 14 | | this
Act that may be violated if the permit were granted;
| 15 | | (3) the specific information, if any, the Agency deems | 16 | | the
applicant did not provide in its application to the | 17 | | Agency; and
| 18 | | (4) a statement of specific reasons why the Act and | 19 | | the regulations
might be violated if the permit were | 20 | | granted.
| 21 | | If no final action is taken by the Agency within 90 days | 22 | | after the filing
of the application for permit, the applicant | 23 | | may deem the permit issued.
Any applicant for a permit may | 24 | | waive the 90-day limitation by filing a
written statement with | 25 | | the Agency.
| 26 | | The Agency shall issue permits for such facilities upon |
| | | 10200HB3090ham001 | - 23 - | LRB102 14040 CPF 25272 a |
|
| 1 | | receipt of an
application that includes a legal description of | 2 | | the site, a topographic
map of the site drawn to the scale of | 3 | | 200 feet to the inch or larger, a
description of the operation, | 4 | | including the area served, an estimate of
the volume of | 5 | | materials to be processed, and documentation that:
| 6 | | (1) the facility includes a setback of at
least 200 | 7 | | feet from the nearest potable water supply well;
| 8 | | (2) the facility is located outside the boundary
of | 9 | | the 10-year floodplain or the site will be floodproofed;
| 10 | | (3) the facility is located so as to minimize
| 11 | | incompatibility with the character of the surrounding | 12 | | area, including at
least a 200 foot setback from any | 13 | | residence, and in the case of a
facility that is developed | 14 | | or the permitted composting area of which is
expanded | 15 | | after November 17, 1991, the composting area is located at | 16 | | least 1/8
mile from the nearest residence (other than a | 17 | | residence located on the same
property as the facility);
| 18 | | (4) the design of the facility will prevent any | 19 | | compost material from
being placed within 5 feet of the | 20 | | water table, will adequately control runoff
from the site, | 21 | | and will collect and manage any leachate that is generated | 22 | | on
the site;
| 23 | | (5) the operation of the facility will include | 24 | | appropriate dust
and odor control measures, limitations on | 25 | | operating hours, appropriate
noise control measures for | 26 | | shredding, chipping and similar equipment,
management |
| | | 10200HB3090ham001 | - 24 - | LRB102 14040 CPF 25272 a |
|
| 1 | | procedures for composting, containment and disposal of
| 2 | | non-compostable wastes, procedures to be used for
| 3 | | terminating operations at the site, and recordkeeping | 4 | | sufficient to
document the amount of materials received, | 5 | | composted and otherwise
disposed of; and
| 6 | | (6) the operation will be conducted in accordance with | 7 | | any applicable
rules adopted by the Board.
| 8 | | The Agency shall issue renewable permits of not longer | 9 | | than 10 years
in duration for the composting of landscape | 10 | | wastes, as defined in Section
3.155 of this Act, based on the | 11 | | above requirements.
| 12 | | The operator of any facility permitted under this | 13 | | subsection (m) must
submit a written annual statement to the | 14 | | Agency on or before April 1 of
each year that includes an | 15 | | estimate of the amount of material, in tons,
received for | 16 | | composting.
| 17 | | (n) The Agency shall issue permits jointly with the | 18 | | Department of
Transportation for the dredging or deposit of | 19 | | material in Lake Michigan in
accordance with Section 18 of the | 20 | | Rivers, Lakes, and Streams Act.
| 21 | | (o) (Blank.)
| 22 | | (p) (1) Any person submitting an application for a permit | 23 | | for a new MSWLF
unit or for a lateral expansion under | 24 | | subsection (t) of Section 21 of this Act
for an existing MSWLF | 25 | | unit that has not received and is not subject to local
siting | 26 | | approval under Section 39.2 of this Act shall publish notice |
| | | 10200HB3090ham001 | - 25 - | LRB102 14040 CPF 25272 a |
|
| 1 | | of the
application in a newspaper of general circulation in | 2 | | the county in which the
MSWLF unit is or is proposed to be | 3 | | located. The notice must be published at
least 15 days before | 4 | | submission of the permit application to the Agency. The
notice | 5 | | shall state the name and address of the applicant, the | 6 | | location of the
MSWLF unit or proposed MSWLF unit, the nature | 7 | | and size of the MSWLF unit or
proposed MSWLF unit, the nature | 8 | | of the activity proposed, the probable life of
the proposed | 9 | | activity, the date the permit application will be submitted, | 10 | | and a
statement that persons may file written comments with | 11 | | the Agency concerning the
permit application within 30 days | 12 | | after the filing of the permit application
unless the time | 13 | | period to submit comments is extended by the Agency.
| 14 | | When a permit applicant submits information to the Agency | 15 | | to supplement a
permit application being reviewed by the | 16 | | Agency, the applicant shall not be
required to reissue the | 17 | | notice under this subsection.
| 18 | | (2) The Agency shall accept written comments concerning | 19 | | the permit
application that are postmarked no later than 30 | 20 | | days after the
filing of the permit application, unless the | 21 | | time period to accept comments is
extended by the Agency.
| 22 | | (3) Each applicant for a permit described in part (1) of | 23 | | this subsection
shall file a
copy of the permit application | 24 | | with the county board or governing body of the
municipality in | 25 | | which the MSWLF unit is or is proposed to be located at the
| 26 | | same time the application is submitted to the Agency. The |
| | | 10200HB3090ham001 | - 26 - | LRB102 14040 CPF 25272 a |
|
| 1 | | permit application
filed with the county board or governing | 2 | | body of the municipality shall include
all documents submitted | 3 | | to or to be submitted to the Agency, except trade
secrets as | 4 | | determined under Section 7.1 of this Act. The permit | 5 | | application
and other documents on file with the county board | 6 | | or governing body of the
municipality shall be made available | 7 | | for public inspection during regular
business hours at the | 8 | | office of the county board or the governing body of the
| 9 | | municipality and may be copied upon payment of the actual cost | 10 | | of
reproduction.
| 11 | | (q) Within 6 months after July 12, 2011 (the effective | 12 | | date of Public Act 97-95), the Agency, in consultation with | 13 | | the regulated community, shall develop a web portal to be | 14 | | posted on its website for the purpose of enhancing review and | 15 | | promoting timely issuance of permits required by this Act. At | 16 | | a minimum, the Agency shall make the following information | 17 | | available on the web portal: | 18 | | (1) Checklists and guidance relating to the completion | 19 | | of permit applications, developed pursuant to subsection | 20 | | (s) of this Section, which may include, but are not | 21 | | limited to, existing instructions for completing the | 22 | | applications and examples of complete applications. As the | 23 | | Agency develops new checklists and develops guidance, it | 24 | | shall supplement the web portal with those materials. | 25 | | (2) Within 2 years after July 12, 2011 (the effective | 26 | | date of Public Act 97-95), permit application forms or |
| | | 10200HB3090ham001 | - 27 - | LRB102 14040 CPF 25272 a |
|
| 1 | | portions of permit applications that can be completed and | 2 | | saved electronically, and submitted to the Agency | 3 | | electronically with digital signatures. | 4 | | (3) Within 2 years after July 12, 2011 (the effective | 5 | | date of Public Act 97-95), an online tracking system where | 6 | | an applicant may review the status of its pending | 7 | | application, including the name and contact information of | 8 | | the permit analyst assigned to the application. Until the | 9 | | online tracking system has been developed, the Agency | 10 | | shall post on its website semi-annual permitting | 11 | | efficiency tracking reports that include statistics on the | 12 | | timeframes for Agency action on the following types of | 13 | | permits received after July 12, 2011 (the effective date | 14 | | of Public Act 97-95): air construction permits, new NPDES | 15 | | permits and associated water construction permits, and | 16 | | modifications of major NPDES permits and associated water | 17 | | construction permits. The reports must be posted by | 18 | | February 1 and August 1 each year and shall include: | 19 | | (A) the number of applications received for each | 20 | | type of permit, the number of applications on which | 21 | | the Agency has taken action, and the number of | 22 | | applications still pending; and | 23 | | (B) for those applications where the Agency has | 24 | | not taken action in accordance with the timeframes set | 25 | | forth in this Act, the date the application was | 26 | | received and the reasons for any delays, which may |
| | | 10200HB3090ham001 | - 28 - | LRB102 14040 CPF 25272 a |
|
| 1 | | include, but shall not be limited to, (i) the | 2 | | application being inadequate or incomplete, (ii) | 3 | | scientific or technical disagreements with the | 4 | | applicant, USEPA, or other local, state, or federal | 5 | | agencies involved in the permitting approval process, | 6 | | (iii) public opposition to the permit, or (iv) Agency | 7 | | staffing shortages. To the extent practicable, the | 8 | | tracking report shall provide approximate dates when | 9 | | cause for delay was identified by the Agency, when the | 10 | | Agency informed the applicant of the problem leading | 11 | | to the delay, and when the applicant remedied the | 12 | | reason for the delay. | 13 | | (r) Upon the request of the applicant, the Agency shall | 14 | | notify the applicant of the permit analyst assigned to the | 15 | | application upon its receipt. | 16 | | (s) The Agency is authorized to prepare and distribute | 17 | | guidance documents relating to its administration of this | 18 | | Section and procedural rules implementing this Section. | 19 | | Guidance documents prepared under this subsection shall not be | 20 | | considered rules and shall not be subject to the Illinois | 21 | | Administrative Procedure Act. Such guidance shall not be | 22 | | binding on any party. | 23 | | (t) Except as otherwise prohibited by federal law or | 24 | | regulation, any person submitting an application for a permit | 25 | | may include with the application suggested permit language for | 26 | | Agency consideration. The Agency is not obligated to use the |
| | | 10200HB3090ham001 | - 29 - | LRB102 14040 CPF 25272 a |
|
| 1 | | suggested language or any portion thereof in its permitting | 2 | | decision. If requested by the permit applicant, the Agency | 3 | | shall meet with the applicant to discuss the suggested | 4 | | language. | 5 | | (u) If requested by the permit applicant, the Agency shall | 6 | | provide the permit applicant with a copy of the draft permit | 7 | | prior to any public review period. | 8 | | (v) If requested by the permit applicant, the Agency shall | 9 | | provide the permit applicant with a copy of the final permit | 10 | | prior to its issuance. | 11 | | (w) An air pollution permit shall not be required due to | 12 | | emissions of greenhouse gases, as specified by Section 9.15 of | 13 | | this Act. | 14 | | (x) If, before the expiration of a State operating permit | 15 | | that is issued pursuant to subsection (a) of this Section and | 16 | | contains federally enforceable conditions limiting the | 17 | | potential to emit of the source to a level below the major | 18 | | source threshold for that source so as to exclude the source | 19 | | from the Clean Air Act Permit Program, the Agency receives a | 20 | | complete application for the renewal of that permit, then all | 21 | | of the terms and conditions of the permit shall remain in | 22 | | effect until final administrative action has been taken on the | 23 | | application for the renewal of the permit. | 24 | | (y) The Agency may issue permits exclusively under this | 25 | | subsection to persons owning or operating a CCR surface | 26 | | impoundment subject to Section 22.59. |
| | | 10200HB3090ham001 | - 30 - | LRB102 14040 CPF 25272 a |
|
| 1 | | All CCR surface impoundment permits shall contain those | 2 | | terms and conditions, including, but not limited to, schedules | 3 | | of compliance, which may be required to accomplish the | 4 | | purposes and provisions of this Act, Board regulations, the | 5 | | Illinois Groundwater Protection Act and regulations pursuant | 6 | | thereto, and the Resource Conservation and Recovery Act and | 7 | | regulations pursuant thereto, and may include schedules for | 8 | | achieving compliance therewith as soon as possible. | 9 | | The Board shall adopt filing requirements and procedures | 10 | | that are necessary and appropriate for the issuance of CCR | 11 | | surface impoundment permits and that are consistent with this | 12 | | Act or regulations adopted by the Board, and with the RCRA, as | 13 | | 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, on its public internet website as well as at the | 18 | | office of the county board or governing body of the | 19 | | municipality where CCR from the CCR surface impoundment will | 20 | | be permanently disposed. Such documents may be copied upon | 21 | | payment of the actual cost of reproduction during regular | 22 | | business hours of the local office. | 23 | | The Agency shall issue a written statement concurrent with | 24 | | its grant or denial of the permit explaining the basis for its | 25 | | decision. | 26 | | (z) If the Director receives a written request from a |
| | | 10200HB3090ham001 | - 31 - | LRB102 14040 CPF 25272 a |
|
| 1 | | third party for the Agency to conduct a public hearing or a | 2 | | public meeting regarding any pending permit decision, a public | 3 | | hearing or public meeting shall be held in person at a location | 4 | | in close proximity to the facility, site, or activity | 5 | | described in the permit application. | 6 | | (Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
| 7 | | (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
| 8 | | Sec. 40. Appeal of permit denial.
| 9 | | (a)(1) If the Agency refuses to grant or grants with | 10 | | conditions a permit
under Section 39 of this Act, the | 11 | | applicant may, within 35 days after the
date on which the | 12 | | Agency served its decision on the applicant, petition for
a | 13 | | hearing before the Board to contest the decision of the | 14 | | Agency. However,
the 35-day period for petitioning for a | 15 | | hearing may be extended for an
additional period of time not to | 16 | | exceed 90 days by written notice
provided to the Board from the | 17 | | applicant and the Agency within the initial
appeal period. The | 18 | | Board shall give 21 days' notice to any person in the
county | 19 | | where is located the facility in issue who has requested | 20 | | notice of
enforcement proceedings and to each member of the | 21 | | General Assembly in whose
legislative district that | 22 | | installation or property is located; and shall
publish that | 23 | | 21-day notice in a newspaper of general circulation in that
| 24 | | county. The Agency shall appear as respondent in such hearing. | 25 | | At such
hearing the rules prescribed in Section 32 and |
| | | 10200HB3090ham001 | - 32 - | LRB102 14040 CPF 25272 a |
|
| 1 | | subsection (a) of Section 33 of
this Act shall apply, and the | 2 | | burden of proof shall be on the petitioner. If,
however, the | 3 | | Agency issues an NPDES permit that imposes limits which are | 4 | | based
upon a criterion or denies a permit based upon | 5 | | application of a criterion,
then the Agency shall have the | 6 | | burden of going forward with the basis for
the derivation of | 7 | | those limits or criterion which were derived under the
Board's | 8 | | rules.
| 9 | | (2) Except as provided in paragraph (a)(3), if there is no | 10 | | final action by
the Board within 120 days after the date on | 11 | | which it received the petition,
the petitioner may deem the | 12 | | permit issued under this Act, provided,
however, that that | 13 | | period of 120 days shall not run for any period of time,
not to | 14 | | exceed 30 days, during which the Board is without sufficient | 15 | | membership
to constitute the quorum required by subsection (a) | 16 | | of Section 5 of this Act,
and provided further that such 120 | 17 | | day period shall not be stayed for lack of
quorum beyond 30 | 18 | | days regardless of whether the lack of quorum exists at the
| 19 | | beginning of such 120-day period or occurs during the running | 20 | | of such 120-day
period.
| 21 | | (3) Paragraph (a)(2) shall not apply to any permit which | 22 | | is subject
to subsection (b), (d) or (e) of Section 39. If | 23 | | there is no final action by
the Board within 120 days after the | 24 | | date on which it received the petition,
the petitioner shall | 25 | | be entitled to an Appellate Court order pursuant to
subsection | 26 | | (d) of Section 41 of this Act.
|
| | | 10200HB3090ham001 | - 33 - | LRB102 14040 CPF 25272 a |
|
| 1 | | (b) If the Agency grants a RCRA permit for a hazardous | 2 | | waste disposal site,
a third party, other than the permit | 3 | | applicant or Agency, may, within 35
days after the date on | 4 | | which the Agency issued its decision, petition the
Board for a | 5 | | hearing to contest the issuance of the permit.
Unless the | 6 | | Board determines that such petition is duplicative or | 7 | | frivolous, or that the petitioner is so located as to
not be | 8 | | affected by the permitted facility, the Board shall hear the
| 9 | | petition in accordance with the terms of subsection (a) of | 10 | | this Section
and its procedural rules governing denial | 11 | | appeals, such hearing to be
based exclusively on the record | 12 | | before the Agency. The burden of proof
shall be on the | 13 | | petitioner. The Agency and the permit applicant shall
be named | 14 | | co-respondents.
| 15 | | The provisions of this subsection do not apply to the | 16 | | granting of permits
issued for the disposal or utilization of | 17 | | sludge from publicly owned publicly-owned sewage
works.
| 18 | | (c) Any party to an Agency proceeding conducted pursuant | 19 | | to Section
39.3 of this Act may petition as of right to the | 20 | | Board for review of the
Agency's decision within 35 days from | 21 | | the date of issuance of the Agency's
decision, provided that | 22 | | such appeal is not duplicative
or frivolous.
However, the | 23 | | 35-day period for petitioning for a hearing may be extended
by | 24 | | the applicant for a period of time not to exceed 90 days by | 25 | | written notice
provided to the Board from the applicant and | 26 | | the Agency within the initial
appeal period. If another person |
| | | 10200HB3090ham001 | - 34 - | LRB102 14040 CPF 25272 a |
|
| 1 | | with standing to appeal wishes to obtain
an extension, there | 2 | | must be a written notice provided to the Board by that
person, | 3 | | the Agency, and the applicant, within the initial appeal | 4 | | period.
The decision of the Board shall be based exclusively | 5 | | on the record compiled
in the Agency proceeding. In other | 6 | | respects the Board's review shall be
conducted in accordance | 7 | | with subsection (a) of this Section and the Board's
procedural | 8 | | rules governing permit denial appeals.
| 9 | | (d) In reviewing the denial or any condition of a NA NSR | 10 | | permit issued by the
Agency pursuant to rules and regulations | 11 | | adopted under subsection (c)
of Section 9.1 of this Act, the | 12 | | decision of the Board
shall be based exclusively on the record | 13 | | before the Agency including the
record of the hearing, if any, | 14 | | unless the parties agree to supplement the record. The Board | 15 | | shall, if
it finds the Agency is in error, make a final | 16 | | determination as to the
substantive limitations of the permit | 17 | | including a final determination of
Lowest Achievable Emission | 18 | | Rate.
| 19 | | (e)(1) If the Agency grants or denies a permit under | 20 | | subsection (b) of
Section 39 of this Act, a third party, other | 21 | | than the permit applicant or
Agency, may petition the Board | 22 | | within 35 days from the date of issuance of
the Agency's | 23 | | decision, for a hearing to contest the decision of the Agency.
| 24 | | (2) A petitioner shall include the following within a | 25 | | petition submitted
under subdivision (1) of this subsection:
| 26 | | (A) a demonstration that the petitioner raised the |
| | | 10200HB3090ham001 | - 35 - | LRB102 14040 CPF 25272 a |
|
| 1 | | issues contained
within the petition during the public | 2 | | notice period or during the public
hearing on the NPDES | 3 | | permit application, if a public hearing was held; and
| 4 | | (B) a demonstration that the petitioner is so situated | 5 | | as to be
affected by the permitted facility.
| 6 | | (3) If the Board determines that the petition is not | 7 | | duplicative or frivolous and contains a satisfactory | 8 | | demonstration under
subdivision (2) of this subsection, the | 9 | | Board shall hear the petition (i) in
accordance with the terms | 10 | | of subsection (a) of this Section and its procedural
rules | 11 | | governing permit denial appeals and (ii) exclusively on the | 12 | | basis of the
record before the Agency. The burden of proof | 13 | | shall be on the petitioner.
The Agency and permit applicant | 14 | | shall be named co-respondents.
| 15 | | (f) Any person who files a petition to contest the | 16 | | issuance of a
permit by the Agency shall pay a filing fee.
| 17 | | (g) If the Agency grants or denies a permit under | 18 | | subsection (y) of Section 39, a third party, other than the | 19 | | permit applicant or Agency, may appeal the Agency's decision | 20 | | as provided under federal law for CCR surface impoundment | 21 | | permits. | 22 | | (h) If the Agency grants a permit to construct, modify, or | 23 | | operate a facility that emits air pollutants and is classified | 24 | | as a minor source, a third party other than the permit | 25 | | applicant or Agency may, within 35 days after the date on which | 26 | | the Agency issued its decision, petition the Board for a |
| | | 10200HB3090ham001 | - 36 - | LRB102 14040 CPF 25272 a |
|
| 1 | | hearing to contest the issuance of the permit. Unless the | 2 | | Board determines that the petition is duplicative or | 3 | | frivolous, or that the petitioner is so located as to not be | 4 | | affected by the permitted facility, the Board shall hear the | 5 | | petition in accordance with the terms of subsection (a) of | 6 | | this Section and its procedural rules governing denial | 7 | | appeals, such hearing to be based exclusively on the record | 8 | | before the Agency. The burden of proof shall be on the | 9 | | petitioner. The Agency and the permit applicant shall be named | 10 | | co-respondents. | 11 | | (Source: P.A. 100-201, eff. 8-18-17; 101-171, eff. 7-30-19; | 12 | | revised 9-12-19.)
| 13 | | (415 ILCS 5/Tit. XVIII heading new) | 14 | | TITLE XVIII: ENVIRONMENTAL JUSTICE | 15 | | (415 ILCS 5/60 new) | 16 | | Sec. 60. Findings; purpose. | 17 | | (a) The General Assembly finds that: | 18 | | (1) the State of Illinois has a long-standing policy, | 19 | | prescribed by Article XI of the Illinois Constitution, to | 20 | | maintain a healthful environment for the benefit of this | 21 | | and future generations and that every State resident is | 22 | | entitled to a healthful environment; | 23 | | (2) a healthful environment is essential to the | 24 | | sustainable growth and development of the State and its |
| | | 10200HB3090ham001 | - 37 - | LRB102 14040 CPF 25272 a |
|
| 1 | | residents; | 2 | | (3) persistent racial and economic inequalities, and | 3 | | the forces that cause them, embedded throughout our | 4 | | society have concentrated harmful environmental polluters | 5 | | of the air, water, and land near and within communities of | 6 | | color, tribal communities, and low-income communities; | 7 | | (4) as a result these communities have historically | 8 | | borne and continue to bear a disproportionate level of | 9 | | environmental pollution and associated adverse human | 10 | | health effects resulting from the construction and | 11 | | operation of industrial, municipal, and commercial | 12 | | activities relative to other neighborhoods; | 13 | | (5) such adverse human health effects include, but are | 14 | | not limited to, asthma, cancer, elevated blood lead | 15 | | levels, cardiovascular disease, and developmental | 16 | | disorders; | 17 | | (6) children are especially vulnerable to the adverse | 18 | | health effects caused by exposure to pollution, and such | 19 | | health effects may severely limit a child's potential for | 20 | | future success; | 21 | | (7) the legacy of permitting sources of pollution in | 22 | | these communities continues to impose adverse health | 23 | | effects caused by pollution that impede the growth, | 24 | | stability, and well-being of individuals and families | 25 | | living in and near these communities; | 26 | | (8) meaningful participation of State residents, |
| | | 10200HB3090ham001 | - 38 - | LRB102 14040 CPF 25272 a |
|
| 1 | | especially those who live in such communities that have | 2 | | historically borne and continue to bear a disproportionate | 3 | | level of environmental pollution and associated adverse | 4 | | human health effects resulting from the construction and | 5 | | operation of industrial, municipal, and commercial | 6 | | activities is critical to ensuring that environmental | 7 | | justice considerations permeate the development of, | 8 | | decision-making related to, and implementation of all | 9 | | environmental laws, rules, policies, permits, and other | 10 | | actions by the Illinois Environmental Protection Agency in | 11 | | a way that protects and improves the well-being of these | 12 | | communities; | 13 | | (9) all residents have the right to file legal | 14 | | grievances related to environmental justice; and | 15 | | (10) it is time for the State to correct these | 16 | | longstanding and ongoing injustices. | 17 | | (b) The purpose of this Title is to require that | 18 | | environmental justice considerations are incorporated in all | 19 | | Illinois Environmental Protection Agency actions and decisions | 20 | | to ensure that no person or group of persons of common race, | 21 | | ethnicity, color, religion, sexual orientation, or | 22 | | socioeconomic status shall bear a disproportionate level of | 23 | | adverse human health or environmental effects resulting from | 24 | | the construction or operation of industrial, municipal, or | 25 | | commercial activities, and that all residents of this State | 26 | | shall have the right and ability to meaningfully engage in the |
| | | 10200HB3090ham001 | - 39 - | LRB102 14040 CPF 25272 a |
|
| 1 | | public participation provisions of this Act regardless of | 2 | | race, ethnicity, color, religion, sexual orientation, or | 3 | | socioeconomic status. This Title implements Article XI of the | 4 | | Illinois Constitution. | 5 | | (c) The terms and provisions of this Title shall be | 6 | | liberally construed to effectuate the purposes of this Title | 7 | | as set forth in subsection (a) of this Section. | 8 | | (415 ILCS 5/65 new) | 9 | | Sec. 65. Definitions. In this Title: | 10 | | "Agency" means the Illinois Environmental Protection | 11 | | Agency. | 12 | | "Board" means the Illinois Pollution Control Board. | 13 | | "Commission" means the Illinois Commission on | 14 | | Environmental Justice. | 15 | | "Director" means the Director of the Environmental | 16 | | Protection Agency. | 17 | | "Environmental justice" means that no resident or group of | 18 | | residents of this State of common race, ethnicity, color, | 19 | | religion, sexual orientation, or socioeconomic status shall | 20 | | bear a disproportionate level of adverse human health or | 21 | | environmental effects resulting from the construction or | 22 | | operation of industrial, municipal, or commercial activities, | 23 | | and that all residents have the right and ability to engage | 24 | | meaningfully in the public participation provisions of this | 25 | | Act regardless of race, ethnicity, color, religion, sexual |
| | | 10200HB3090ham001 | - 40 - | LRB102 14040 CPF 25272 a |
|
| 1 | | orientation, or socioeconomic status. | 2 | | "Environmental justice community" means those communities | 3 | | identified by the Agency under Section 70. | 4 | | "Facility" means an entity that requires a permit from the | 5 | | Agency. | 6 | | "Linguistic isolation percentage" means the percentage of | 7 | | households in an environmental justice community in which all | 8 | | members age 14 years and older speak a non-English language | 9 | | and speak English less than "very well" according to the | 10 | | United States Census Bureau's latest 1-year or 5-year American | 11 | | Community Survey. | 12 | | "Meaningful public participation" means giving residents | 13 | | of environmental justice communities the full and complete | 14 | | opportunity to participate in the Agency's decision-making | 15 | | process about: (i) proposed regulated facilities that may | 16 | | adversely affect the residents' environment or health; (ii) | 17 | | the expansion or continued operation of existing regulated | 18 | | facilities that may adversely affect the residents' | 19 | | environment or health; and (iii) all other Agency rules, | 20 | | regulations, and policies that may affect environmental | 21 | | justice communities. | 22 | | "Permit" means a permit issued by the Agency. | 23 | | (415 ILCS 5/70 new) | 24 | | Sec. 70. Identifying environmental justice communities. | 25 | | (a) The Agency shall by rule establish a process for |
| | | 10200HB3090ham001 | - 41 - | LRB102 14040 CPF 25272 a |
|
| 1 | | identifying environmental justice communities based on | 2 | | methodologies that factor socioeconomic, demographic, and | 3 | | environmental burden indicators. Such indicators may include, | 4 | | but are not limited to: | 5 | | (1) National-Scale Air Toxics Assessment (NATA) air | 6 | | toxics cancer risk; | 7 | | (2) National-Scale Air Toxics Assessment (NATA) | 8 | | respiratory hazard index; | 9 | | (3) National-Scale Air Toxics Assessment (NATA) diesel | 10 | | particulate matter; | 11 | | (4) PM2.5; | 12 | | (5) ozone; | 13 | | (6) traffic proximity and volume; | 14 | | (7) lead paint indicator; | 15 | | (8) proximity to Risk Management Plan sites; | 16 | | (9) proximity to Hazardous Waste Treatment, Storage, | 17 | | and Disposal Facilities; | 18 | | (10) proximity to National Priorities List sites; | 19 | | (11) wastewater dischargers indicator; | 20 | | (12) percent low income; | 21 | | (13) percent minority; | 22 | | (14) percent less than high school education; | 23 | | (15) linguistic isolation; | 24 | | (16) individuals under age 5; | 25 | | (17) individuals over age 64; | 26 | | (18) asthma emergency department visits; |
| | | 10200HB3090ham001 | - 42 - | LRB102 14040 CPF 25272 a |
|
| 1 | | (19) percent low birth weight infants; | 2 | | (20) drinking water watch; | 3 | | (21) proximity to site remediation program sites; | 4 | | (22) Leaking Underground Storage Tank Incident | 5 | | tracking; | 6 | | (23) proximity to State response action program sites; | 7 | | (24) proximity to solid waste facilities; | 8 | | (25) record of violations compiled by the Occupational | 9 | | Safety and Health Administration of the United States | 10 | | Department of Labor, the Illinois Department of Labor, or | 11 | | both; and | 12 | | (26) the presence of migrant, seasonal, and transitory | 13 | | workers. | 14 | | (b) The Agency shall annually review and update the | 15 | | underlying data for, and use of, indicators under subsection | 16 | | (a) for the sake of accuracy and to comport with best practices | 17 | | as developed by entities, including, but not limited to: the | 18 | | United States Environmental Protection Agency; State agencies, | 19 | | including the Illinois Department of Public Health, the | 20 | | Illinois Housing Development Authority, the Illinois | 21 | | Department of Education, the Illinois Power Agency, the | 22 | | Illinois Department of Agriculture, and the Illinois | 23 | | Department of Natural Resources; State municipalities and | 24 | | units of local government; and the executive branch, agencies, | 25 | | municipalities, and units of local government in other states. | 26 | | (c) The Agency shall establish a process by which |
| | | 10200HB3090ham001 | - 43 - | LRB102 14040 CPF 25272 a |
|
| 1 | | communities not designated as environmental justice | 2 | | communities may petition for such designation. | 3 | | (d) The Agency shall include representatives of State | 4 | | environmental justice organizations, other State environmental | 5 | | justice stakeholders, and the Commission in the development of | 6 | | the processes required to be developed by subsections (a) | 7 | | through (c). | 8 | | (415 ILCS 5/75 new) | 9 | | Sec. 75. Public notice; community outreach. | 10 | | (a) The Agency shall adopt rules that provide for | 11 | | meaningful public participation in, and notice of, Agency | 12 | | decisions and actions that may affect environmental justice | 13 | | communities, including, but not limited to: rulemaking; | 14 | | policymaking; and approval, renewal, or modification of a | 15 | | permit from the Agency for any facility located or proposed to | 16 | | be located in an environmental justice community. No later | 17 | | than one year after the effective date of this amendatory Act | 18 | | of the 102nd General Assembly, the Agency shall propose, and | 19 | | not later than one year after proposal, the Board shall adopt, | 20 | | rules under this Section. The rules shall be consistent with | 21 | | the findings in subsection (a) of Section 60 and, at a minimum, | 22 | | include provisions stipulating that the Agency shall: | 23 | | (1) provide and distribute to the public all public | 24 | | notices and documents, including, but not limited to, | 25 | | informational hearings, fact sheets, permit applications, |
| | | 10200HB3090ham001 | - 44 - | LRB102 14040 CPF 25272 a |
|
| 1 | | environmental justice impact statements, and proposed | 2 | | projects, in multi-lingual format, to environmental | 3 | | justice communities with linguistic isolation; | 4 | | (2) include notification to elected officials for the | 5 | | location in which the facility seeking a permit is | 6 | | located, and notification to child care center directors, | 7 | | school principals, and public park superintendents whose | 8 | | buildings are located within one mile of the location of | 9 | | the facility seeking a permit; | 10 | | (3) present on the Agency's website in a readily | 11 | | accessible manner all public notices and documents, | 12 | | including, but not limited to, informational hearings, | 13 | | environmental justice impact statements, fact sheets, | 14 | | permit applications, proposed projects, and any document | 15 | | subject to the Freedom of Information Act, no later than | 16 | | 10 calendar days after the document's date of release or | 17 | | publishing, whichever comes first; | 18 | | (4) provide and distribute to the public all public | 19 | | documents and notices, including, but not limited to, | 20 | | those described in paragraph (2), through mediums, | 21 | | including, but not limited to, document repositories and | 22 | | electronic and postal mailing lists; | 23 | | (5) provide translators at public hearings and | 24 | | meetings of any kind in environmental justice communities | 25 | | with a linguistic isolation or upon request; and | 26 | | (6) conduct an in-person public hearing or public |
| | | 10200HB3090ham001 | - 45 - | LRB102 14040 CPF 25272 a |
|
| 1 | | meeting at a location in close proximity to a facility | 2 | | seeking a permit if the Director receives a written | 3 | | request from a third party for the Agency to conduct a | 4 | | public hearing or a public meeting regarding a pending | 5 | | permit. | 6 | | (b) The Agency shall include representatives of State | 7 | | environmental justice organizations, other State environmental | 8 | | justice stakeholders and the Commission in the development of | 9 | | rules required to be created under subsection (a). | 10 | | (415 ILCS 5/80 new) | 11 | | Sec. 80. Environmental justice impact statements. | 12 | | (a) The Agency shall develop a uniform environmental | 13 | | justice impact statement template that, at a minimum, requires | 14 | | that a permit applicant assesses and details the potential | 15 | | environmental and public health effects associated with a | 16 | | proposed new facility or with the expansion of an existing | 17 | | facility, including any adverse environmental or public health | 18 | | effects that cannot be avoided if the permit is granted and the | 19 | | environmental or public health effects already borne by the | 20 | | environmental justice community as a result of existing | 21 | | conditions located in or affecting the environmental justice | 22 | | community. No later than one year after the effective date of | 23 | | this amendatory Act of the 102nd General Assembly, the Agency | 24 | | shall propose, and not later than months one year after | 25 | | proposal, the Board shall adopt, an environmental justice |
| | | 10200HB3090ham001 | - 46 - | LRB102 14040 CPF 25272 a |
|
| 1 | | impact statement template. | 2 | | (b) The Agency shall not consider complete for review any | 3 | | application for a permit for a new facility, the expansion of | 4 | | an existing facility, or renewal of an existing facility if | 5 | | the facility is located, or proposed to be located, in whole or | 6 | | in part, in an environmental justice community, unless and | 7 | | until the permit applicant: | 8 | | (1) prepares an environmental justice impact statement | 9 | | that conforms to the template that is developed per the | 10 | | requirements of subsection (a); and | 11 | | (2) transmits the environmental justice impact | 12 | | statement to the Agency, State and local officials who | 13 | | represent the pertinent environmental justice community, | 14 | | and residents and environmental justice organizations | 15 | | located in the environmental justice community. | 16 | | (c) The Agency shall present completed environmental | 17 | | justice impact statements on the Agency's website in a readily | 18 | | accessible manner. | 19 | | (d) Notwithstanding the provisions of any other law, rule, | 20 | | or regulation, the Agency, after review of the environmental | 21 | | justice impact statement prepared pursuant to paragraph (1) of | 22 | | subsection (b), and any other relevant information, including, | 23 | | but not limited to, information gleaned from public hearings | 24 | | and other meaningful public participation rules developed by | 25 | | the Agency pursuant to Section 75, shall deny a permit for a | 26 | | new facility or the expansion of an existing facility, or deny |
| | | 10200HB3090ham001 | - 47 - | LRB102 14040 CPF 25272 a |
|
| 1 | | or apply new conditions to the renewal of an existing | 2 | | facility's permit, upon a finding that approval of the permit | 3 | | or permit renewal, as proposed, would, together with other | 4 | | environmental or public health consequences affecting the | 5 | | environmental justice community, cause or contribute to | 6 | | adverse cumulative environmental or public health effects in | 7 | | the environmental justice community that are higher than those | 8 | | borne by other communities within the State, county, or other | 9 | | geographic unit of analysis as determined by the Agency | 10 | | pursuant to rule, regulation, or guidance. | 11 | | (e) The Agency shall include representatives of State | 12 | | environmental justice organizations, other State environmental | 13 | | justice stakeholders, and the Commission in the development of | 14 | | the environmental justice impact statement template as | 15 | | mandated under subsection (a).
The Agency shall respond in | 16 | | writing to all significant public comments received during | 17 | | this process. | 18 | | (f) Environmental justice impact statements and the | 19 | | Agency's review of these statements shall be included in the | 20 | | record of the Agency's decision for facility permits, and the | 21 | | adequacy of the Agency's environmental justice decisions shall | 22 | | be a basis for permit appeals to the Board by members of the | 23 | | public. | 24 | | (415 ILCS 5/85 new) | 25 | | Sec. 85. Environmental justice grievance procedure. |
| | | 10200HB3090ham001 | - 48 - | LRB102 14040 CPF 25272 a |
|
| 1 | | (a) No later than 60 days after the effective date of this | 2 | | Amendatory Act of the 102nd General Assembly, the Agency shall | 3 | | establish an environmental justice grievance procedure by | 4 | | which any person or class of persons who believe they have been | 5 | | discriminated against by the Agency may file a complaint for a | 6 | | violation of: | 7 | | (1) provisions of this Title; | 8 | | (2) Title VI, Section 601 of the 1964 Civil Rights | 9 | | Act, pursuant to 40 CFR 5 and 7.90; | 10 | | (3) the Illinois Civil Rights Act of 2006; or | 11 | | (4) other provisions of this Act. | 12 | | (b) Decisions made by the Agency under the grievance | 13 | | procedure to be established under subsection (a) shall be | 14 | | appealable to the Board and the Circuit Courts of the State. | 15 | | (c) The Agency shall include representatives of State | 16 | | environmental justice organizations, other State environmental | 17 | | justice stakeholders, and the Commission in the development of | 18 | | the processes required to be developed under subsection (a). | 19 | | (d) The Agency shall maintain an online repository of all | 20 | | grievances filed with the Agency and the resolution of those | 21 | | grievances. | 22 | | (e) Final Agency decisions to decline to commence | 23 | | enforcement following a citizen complaint can serve as the | 24 | | basis of a grievance pursuant to this Section. | 25 | | (415 ILCS 5/90 new) |
| | | 10200HB3090ham001 | - 49 - | LRB102 14040 CPF 25272 a |
|
| 1 | | Sec. 90. Permit applicant fee. In addition to any other fee | 2 | | authorized by law, rule, or regulation, the Agency shall by | 3 | | rule establish and assess each permit applicant a reasonable | 4 | | fee to cover Agency costs associated with the implementation | 5 | | of this Title, including, but not limited to, costs to provide | 6 | | technical assistance to permit applicants and environmental | 7 | | justice communities, as needed, to comply with this Title.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
|
|