Full Text of SB1868 98th General Assembly
SB1868 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1868 Introduced 2/15/2013, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/3.330 | was 415 ILCS 5/3.32 | 415 ILCS 5/39 | from Ch. 111 1/2, par. 1039 | 415 ILCS 5/39.2 | from Ch. 111 1/2, par. 1039.2 | 415 ILCS 5/39.2a new | |
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Amends the Environmental Protection Act. Specifies that any any site or facility for the treatment,
storage, or disposal of polychlorinated biphenyls (PCBs) or PCB Items regulated under Subpart D of 40 C.F.R. 761 that is located less than 500 feet above an aquifer that currently provides the only source of potable water for a community water supply is a pollution control facility. Provides that, in the case of a site or facility for the treatment,
storage, or disposal of polychlorinated biphenyls (PCBs) or PCB Items regulated under Subpart D of 40 C.F.R. 761 that is located less than 500 feet above an aquifer that currently provides the only source of potable water for a community water supply, local siting approval must be obtained by the county board of each county located, in whole or part, within the aquifer's boundaries and the governing body of each municipality located, in whole or part, within the aquifer's boundaries. Provides that no site or facility for the treatment,
storage, or disposal of polychlorinated biphenyls (PCBs) or PCB Items regulated under Subpart D of 40 C.F.R. 761 that is located less than 500 feet above an aquifer that currently provides the only source of potable water for a community water supply shall commence or continue treating, storing, disposing of, or accepting for treatment, storage, or disposal any polychlorinated biphenyls (PCBs) or PCB Items, unless the owner or operator of that site or facility submits proof to the Agency that the operation of the facility on and after the effective date of the amendatory Act has been approved by ordinances duly adopted by the county board of each county located, in or whole in part, within the aquifer's boundaries and the governing body of each municipality located, in or whole or part, within the aquifer's boundaries. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 39.2a and changing Sections 3.330, 39, and 39.2 | 6 | | 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);
| 17 | | (2) waste storage sites regulated under 40 CFR, Part | 18 | | 761.42;
| 19 | | (3) sites or facilities used by any person conducting a | 20 | | waste storage,
waste treatment, waste disposal, waste | 21 | | transfer or waste incineration
operation, or a combination | 22 | | thereof, for wastes generated by such person's
own | 23 | | activities, when such wastes are stored, treated, disposed |
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| 1 | | of,
transferred or incinerated within the site or facility | 2 | | owned, controlled or
operated by such person, or when such | 3 | | wastes are transported within or
between sites or | 4 | | facilities owned, controlled or operated by such person;
| 5 | | (4) sites or facilities at which the State is | 6 | | performing removal or
remedial action pursuant to Section | 7 | | 22.2 or 55.3;
| 8 | | (5) abandoned quarries used solely for the disposal of | 9 | | concrete, earth
materials, gravel, or aggregate debris | 10 | | resulting from road construction
activities conducted by a | 11 | | unit of government or construction activities due
to the | 12 | | construction and installation of underground pipes, lines, | 13 | | conduit
or wires off of the premises of a public utility | 14 | | company which are
conducted by a public utility;
| 15 | | (6) sites or facilities used by any person to | 16 | | specifically conduct a
landscape composting operation;
| 17 | | (7) regional facilities as defined in the Central | 18 | | Midwest Interstate
Low-Level Radioactive Waste Compact;
| 19 | | (8) the portion of a site or facility where coal | 20 | | combustion wastes are
stored or disposed of in accordance | 21 | | with subdivision (r)(2) or (r)(3) of
Section 21;
| 22 | | (9) the portion of a site or facility used for the | 23 | | collection,
storage or processing of waste tires as defined | 24 | | in Title XIV;
| 25 | | (10) the portion of a site or facility used for | 26 | | treatment of
petroleum contaminated materials by |
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| 1 | | application onto or incorporation into
the soil surface and | 2 | | any portion of that site or facility used for storage
of | 3 | | petroleum contaminated materials before treatment. Only | 4 | | those categories
of petroleum listed in Section
57.9(a)(3) | 5 | | are exempt under this subdivision (10);
| 6 | | (11) the portion of a site or facility where used oil | 7 | | is collected or
stored prior to shipment to a recycling or | 8 | | energy recovery facility, provided
that the used oil is | 9 | | generated by households or commercial establishments, and
| 10 | | the site or facility is a recycling center or a business | 11 | | where oil or gasoline
is sold at retail; | 12 | | (11.5) processing sites or facilities that receive | 13 | | only on-specification used oil, as defined in 35 Ill. | 14 | | Admin. Code 739, originating from used oil collectors for | 15 | | processing that is managed under 35 Ill. Admin. Code 739 to | 16 | | produce products for sale to off-site petroleum | 17 | | facilities, if these processing sites or facilities are: | 18 | | (i) located within a home rule unit of local government | 19 | | with a population of at least 30,000 according to the 2000 | 20 | | federal census, that home rule unit of local government has | 21 | | been designated as an Urban Round II Empowerment Zone by | 22 | | the United States Department of Housing and Urban | 23 | | Development, and that home rule unit of local government | 24 | | has enacted an ordinance approving the location of the site | 25 | | or facility and provided funding for the site or facility; | 26 | | and (ii) in compliance with all applicable zoning |
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| 1 | | requirements;
| 2 | | (12) the portion of a site or facility utilizing coal | 3 | | combustion waste
for stabilization and treatment of only | 4 | | waste generated on that site or
facility when used in | 5 | | connection with response actions pursuant to the federal
| 6 | | Comprehensive Environmental Response, Compensation, and | 7 | | Liability Act of 1980,
the federal Resource Conservation | 8 | | and Recovery Act of 1976, or the Illinois
Environmental | 9 | | Protection Act or as authorized by the Agency;
| 10 | | (13) the portion of a site or facility that (i) accepts | 11 | | exclusively general
construction or demolition debris, | 12 | | (ii) is located in a county with a population over
| 13 | | 3,000,000 as of January 1, 2000 or in a county that is | 14 | | contiguous to such a county, and (iii) is operated and | 15 | | located in accordance with Section 22.38 of this Act; | 16 | | (14) the portion of a site or facility, located within | 17 | | a unit of local government that has enacted local zoning | 18 | | requirements, used to accept, separate, and process | 19 | | uncontaminated broken concrete, with or without protruding | 20 | | metal bars, provided that the uncontaminated broken | 21 | | concrete and metal bars are not speculatively accumulated, | 22 | | are at the site or facility no longer than one year after | 23 | | their acceptance, and are returned to the economic | 24 | | mainstream in the form of raw materials or products;
| 25 | | (15) the portion of a site or facility located in a | 26 | | county with a population over 3,000,000 that has obtained |
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| 1 | | local siting approval under Section 39.2 of this Act for a | 2 | | municipal waste incinerator on or before July 1, 2005 and | 3 | | that is used for a non-hazardous waste transfer station;
| 4 | | (16) a site or facility that temporarily holds in | 5 | | transit for 10 days or less, non-putrescible solid waste in | 6 | | original containers, no larger in capacity than 500 | 7 | | gallons, provided that such waste is further transferred to | 8 | | a recycling, disposal, treatment, or storage facility on a | 9 | | non-contiguous site and provided such site or facility | 10 | | complies with the applicable 10-day transfer requirements | 11 | | of the federal Resource Conservation and Recovery Act of | 12 | | 1976 and United States Department of Transportation | 13 | | hazardous material requirements. For purposes of this | 14 | | Section only, "non-putrescible solid waste" means waste | 15 | | other than municipal garbage that does not rot or become | 16 | | putrid, including, but not limited to, paints, solvent, | 17 | | filters, and absorbents;
| 18 | | (17)
the portion of a site or facility located in a | 19 | | county with a population greater than 3,000,000 that has | 20 | | obtained local siting approval, under Section 39.2 of this | 21 | | Act, for a municipal waste incinerator on or before July 1, | 22 | | 2005 and that is used for wood combustion facilities for | 23 | | energy recovery that accept and burn only wood material, as | 24 | | included in a fuel specification approved by the Agency;
| 25 | | (18)
a transfer station used exclusively for landscape | 26 | | waste, including a transfer station where landscape waste |
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| 1 | | is ground to reduce its volume, where the landscape waste | 2 | | is held no longer than 24 hours from the time it was | 3 | | received; | 4 | | (19) the portion of a site or facility that (i) is used | 5 | | for the composting of food scrap, livestock waste, crop | 6 | | residue, uncontaminated wood waste, or paper waste, | 7 | | including, but not limited to, corrugated paper or | 8 | | cardboard, and (ii) meets all of the following | 9 | | requirements: | 10 | | (A) There must not be more than a total of 30,000 | 11 | | cubic yards of livestock waste in raw form or in the | 12 | | process of being composted at the site or facility at | 13 | | any one time. | 14 | | (B) All food scrap, livestock waste, crop residue, | 15 | | uncontaminated wood waste, and paper waste must, by the | 16 | | end of each operating day, be processed and placed into | 17 | | an enclosed vessel in which air flow and temperature | 18 | | are controlled, or all of the following additional | 19 | | requirements must be met: | 20 | | (i) The portion of the site or facility used | 21 | | for the composting operation must include a | 22 | | setback of at least 200 feet from the nearest | 23 | | potable water supply well. | 24 | | (ii) The portion of the site or facility used | 25 | | for the composting operation must be located | 26 | | outside the boundary of the 10-year floodplain or |
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| 1 | | floodproofed. | 2 | | (iii) The portion of the site or facility used | 3 | | for the composting operation must be located at | 4 | | least one-eighth of a mile from the nearest | 5 | | residence, other than a residence located on the | 6 | | same property as the site or facility. | 7 | | (iv) The portion of the site or facility used | 8 | | for the composting operation must be located at | 9 | | least one-eighth of a mile from the property line | 10 | | of all of the following areas: | 11 | | (I) Facilities that primarily serve to | 12 | | house or treat people that are | 13 | | immunocompromised or immunosuppressed, such as | 14 | | cancer or AIDS patients; people with asthma, | 15 | | cystic fibrosis, or bioaerosol allergies; or | 16 | | children under the age of one year. | 17 | | (II) Primary and secondary schools and | 18 | | adjacent areas that the schools use for | 19 | | recreation. | 20 | | (III) Any facility for child care licensed | 21 | | under Section 3 of the Child Care Act of 1969; | 22 | | preschools; and adjacent areas that the | 23 | | facilities or preschools use for recreation. | 24 | | (v) By the end of each operating day, all food | 25 | | scrap, livestock waste, crop residue, | 26 | | uncontaminated wood waste, and paper waste must be |
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| 1 | | (i) processed into windrows or other piles and (ii) | 2 | | covered in a manner that prevents scavenging by | 3 | | birds and animals and that prevents other | 4 | | nuisances. | 5 | | (C) Food scrap, livestock waste, crop residue, | 6 | | uncontaminated wood waste, paper waste, and compost | 7 | | must not be placed within 5 feet of the water table. | 8 | | (D) The site or facility must meet all of the | 9 | | requirements of the Wild and Scenic Rivers Act (16 | 10 | | U.S.C. 1271 et seq.). | 11 | | (E) The site or facility must not (i) restrict the | 12 | | flow of a 100-year flood, (ii) result in washout of | 13 | | food scrap, livestock waste, crop residue, | 14 | | uncontaminated wood waste, or paper waste from a | 15 | | 100-year flood, or (iii) reduce the temporary water | 16 | | storage capacity of the 100-year floodplain, unless | 17 | | measures are undertaken to provide alternative storage | 18 | | capacity, such as by providing lagoons, holding tanks, | 19 | | or drainage around structures at the facility. | 20 | | (F) The site or facility must not be located in any | 21 | | area where it may pose a threat of harm or destruction | 22 | | to the features for which: | 23 | | (i) an irreplaceable historic or | 24 | | archaeological site has been listed under the | 25 | | National Historic Preservation Act (16 U.S.C. 470 | 26 | | et seq.) or the Illinois Historic Preservation |
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| 1 | | Act; | 2 | | (ii) a natural landmark has been designated by | 3 | | the National Park Service or the Illinois State | 4 | | Historic Preservation Office; or | 5 | | (iii) a natural area has been designated as a | 6 | | Dedicated Illinois Nature Preserve under the | 7 | | Illinois Natural Areas Preservation Act. | 8 | | (G) The site or facility must not be located in an | 9 | | area where it may jeopardize the continued existence of | 10 | | any designated endangered species, result in the | 11 | | destruction or adverse modification of the critical | 12 | | habitat for such species, or cause or contribute to the | 13 | | taking of any endangered or threatened species of | 14 | | plant, fish, or wildlife listed under the Endangered | 15 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | 16 | | Endangered Species Protection Act; | 17 | | (20) the portion of a site or facility that is located | 18 | | entirely within a home rule unit having a population of no | 19 | | less than 120,000 and no more than 135,000, according to | 20 | | the 2000 federal census, and that meets all of the | 21 | | following requirements: | 22 | | (i) the portion of the site or facility is used | 23 | | exclusively to perform testing of a thermochemical | 24 | | conversion technology using only woody biomass, | 25 | | collected as landscape waste within the boundaries | 26 | | of the home rule unit, as the hydrocarbon feedstock |
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| 1 | | for the production of synthetic gas in accordance | 2 | | with Section 39.9 of this Act; | 3 | | (ii) the portion of the site or facility is in | 4 | | compliance with all applicable zoning | 5 | | requirements; and | 6 | | (iii) a complete application for a | 7 | | demonstration permit at the portion of the site or | 8 | | facility has been submitted to the Agency in | 9 | | accordance with Section 39.9 of this Act within one | 10 | | year after July 27, 2010 (the effective date of | 11 | | Public Act 96-1314); | 12 | | (21) the portion of a site or facility used to perform | 13 | | limited testing of a gasification conversion technology in | 14 | | accordance with Section 39.8 of this Act and for which a | 15 | | complete permit application has been submitted to the | 16 | | Agency prior to one year from April 9, 2010 (the effective | 17 | | date of Public Act 96-887); and
| 18 | | (22) the portion of a site or facility that is used to | 19 | | incinerate only pharmaceuticals from residential sources | 20 | | that are collected and transported by law enforcement | 21 | | agencies under Section 17.9A of this Act. | 22 | | (a-5) Notwithstanding any provision of subsection (a) of | 23 | | this Section to the contrary, any site or facility for the | 24 | | treatment,
storage, or disposal of polychlorinated biphenyls | 25 | | (PCBs) or PCB Items regulated under Subpart D of 40 C.F.R. 761 | 26 | | that is located less than 500 feet above an aquifer that |
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| 1 | | currently provides the only source of potable water for a | 2 | | community water supply is a pollution control facility. | 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.
| 11 | | (Source: P.A. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; | 12 | | 96-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. | 13 | | 7-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545, | 14 | | eff. 1-1-12.)
| 15 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| 16 | | Sec. 39. Issuance of permits; procedures.
| 17 | | (a) When the Board has by regulation required a permit for
| 18 | | the construction, installation, or operation of any type of | 19 | | facility,
equipment, vehicle, vessel, or aircraft, the | 20 | | applicant shall apply to
the Agency for such permit and it | 21 | | shall be the duty of the Agency to
issue such a permit upon | 22 | | proof by the applicant that the facility,
equipment, vehicle, | 23 | | vessel, or aircraft will not cause a violation of
this Act or | 24 | | of regulations hereunder. The Agency shall adopt such
| 25 | | procedures as are necessary to carry out its duties under this |
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| 1 | | Section.
In making its determinations on permit applications | 2 | | under this Section the Agency may consider prior adjudications | 3 | | of
noncompliance with this Act by the applicant that involved a | 4 | | release of a
contaminant into the environment. In granting | 5 | | permits, the Agency
may impose reasonable conditions | 6 | | specifically related to the applicant's past
compliance | 7 | | history with this Act as necessary to correct, detect, or
| 8 | | prevent noncompliance. The Agency may impose such other | 9 | | conditions
as may be necessary to accomplish the purposes of | 10 | | this Act, and as are not
inconsistent with the regulations | 11 | | promulgated by the Board hereunder. Except as
otherwise | 12 | | provided in this Act, a bond or other security shall not be | 13 | | required
as a condition for the issuance of a permit. If the | 14 | | Agency denies any permit
under this Section, the Agency shall | 15 | | transmit to the applicant within the time
limitations of this | 16 | | Section specific, detailed statements as to the reasons the
| 17 | | permit application was denied. Such statements shall include, | 18 | | but not be
limited to the following:
| 19 | | (i) the Sections of this Act which may be violated if | 20 | | the permit
were granted;
| 21 | | (ii) the provision of the regulations, promulgated | 22 | | under this Act,
which may be violated if the permit were | 23 | | granted;
| 24 | | (iii) the specific type of information, if any, which | 25 | | the Agency
deems the applicant did not provide the Agency; | 26 | | and
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| 1 | | (iv) a statement of specific reasons why the Act and | 2 | | the regulations
might not be met if the permit were | 3 | | granted.
| 4 | | If there is no final action by the Agency within 90 days | 5 | | after the
filing of the application for permit, the applicant | 6 | | may deem the permit
issued; except that this time period shall | 7 | | be extended to 180 days when
(1) notice and opportunity for | 8 | | public hearing are required by State or
federal law or | 9 | | regulation, (2) the application which was filed is for
any | 10 | | permit to develop a landfill subject to issuance pursuant to | 11 | | this
subsection, or (3) the application that was filed is for a | 12 | | MSWLF unit
required to issue public notice under subsection (p) | 13 | | of Section 39. The
90-day and 180-day time periods for the | 14 | | Agency to take final action do not
apply to NPDES permit | 15 | | applications under subsection (b) of this Section,
to RCRA | 16 | | permit applications under subsection (d) of this Section, or
to | 17 | | UIC permit applications under subsection (e) of this Section.
| 18 | | The Agency shall publish notice of all final permit | 19 | | determinations for
development permits for MSWLF units and for | 20 | | significant permit modifications
for lateral expansions for | 21 | | existing MSWLF units one time in a newspaper of
general | 22 | | circulation in the county in which the unit is or is proposed | 23 | | to be
located.
| 24 | | After January 1, 1994 and until July 1, 1998, operating | 25 | | permits issued under
this Section by the
Agency for sources of | 26 | | air pollution permitted to emit less than 25 tons
per year of |
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| 1 | | any combination of regulated air pollutants, as defined in
| 2 | | Section 39.5 of this Act, shall be required to be renewed only | 3 | | upon written
request by the Agency consistent with applicable | 4 | | provisions of this Act and
regulations promulgated hereunder. | 5 | | Such operating permits shall expire
180 days after the date of | 6 | | such a request. The Board shall revise its
regulations for the | 7 | | existing State air pollution operating permit program
| 8 | | consistent with this provision by January 1, 1994.
| 9 | | After June 30, 1998, operating permits issued under this | 10 | | Section by the
Agency for sources of air pollution that are not | 11 | | subject to Section 39.5 of
this Act and are not required to | 12 | | have a federally enforceable State operating
permit shall be | 13 | | required to be renewed only upon written request by the Agency
| 14 | | consistent with applicable provisions of this Act and its | 15 | | rules. Such
operating permits shall expire 180 days after the | 16 | | date of such a request.
Before July 1, 1998, the Board shall | 17 | | revise its rules for the existing State
air pollution operating | 18 | | permit program consistent with this paragraph and shall
adopt | 19 | | rules that require a source to demonstrate that it qualifies | 20 | | for a permit
under this paragraph.
| 21 | | (b) The Agency may issue NPDES permits exclusively under | 22 | | this
subsection for the discharge of contaminants from point | 23 | | sources into
navigable waters, all as defined in the Federal | 24 | | Water Pollution Control
Act, as now or hereafter amended, | 25 | | within the jurisdiction of the
State, or into any well.
| 26 | | All NPDES permits shall contain those terms and conditions, |
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| 1 | | including
but not limited to schedules of compliance, which may | 2 | | be required to
accomplish the purposes and provisions of this | 3 | | Act.
| 4 | | The Agency may issue general NPDES permits for discharges | 5 | | from categories
of point sources which are subject to the same | 6 | | permit limitations and
conditions. Such general permits may be | 7 | | issued without individual
applications and shall conform to | 8 | | regulations promulgated under Section 402
of the Federal Water | 9 | | Pollution Control Act, as now or hereafter amended.
| 10 | | The Agency may include, among such conditions, effluent | 11 | | limitations
and other requirements established under this Act, | 12 | | Board regulations,
the Federal Water Pollution Control Act, as | 13 | | now or hereafter amended, and
regulations pursuant thereto, and | 14 | | schedules for achieving compliance
therewith at the earliest | 15 | | reasonable date.
| 16 | | The Agency shall adopt filing requirements and procedures | 17 | | which are
necessary and appropriate for the issuance of NPDES | 18 | | permits, and which
are consistent with the Act or regulations | 19 | | adopted by the Board, and
with the Federal Water Pollution | 20 | | Control Act, as now or hereafter
amended, and regulations | 21 | | pursuant thereto.
| 22 | | The Agency, subject to any conditions which may be | 23 | | prescribed by
Board regulations, may issue NPDES permits to | 24 | | allow discharges beyond
deadlines established by this Act or by | 25 | | regulations of the Board without
the requirement of a variance, | 26 | | subject to the Federal Water Pollution
Control Act, as now or |
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| 1 | | hereafter amended, and regulations pursuant thereto.
| 2 | | (c) Except for those facilities owned or operated by | 3 | | sanitary districts
organized under the Metropolitan Water | 4 | | Reclamation District Act, no
permit for the development or | 5 | | construction of a new pollution control
facility may be granted | 6 | | by the Agency unless the applicant submits proof to the
Agency | 7 | | that the location of the facility has been approved by the | 8 | | appropriate governing bodies County Board
of the county if in | 9 | | an unincorporated area, or the governing body of the
| 10 | | municipality when in an incorporated area, in which the | 11 | | facility is to be
located in accordance with Section 39.2 of | 12 | | this Act. For purposes of this subsection (c), and for purposes | 13 | | of Section 39.2 of this Act, the appropriate governing bodies | 14 | | appropriate county board or governing body of the municipality | 15 | | shall be : (i) except as provided in item (ii), for | 16 | | unincorporated areas, the county board of the county in which | 17 | | the facility is to be located as of the date when the | 18 | | application for siting approval is filed or , for incorporated | 19 | | areas, the governing body of the municipality in which the | 20 | | facility is to be located as of the date when the application | 21 | | for siting approval is filed and (ii) in the case of a site or | 22 | | facility for the treatment,
storage, or disposal of | 23 | | polychlorinated biphenyls (PCBs) or PCB Items regulated under | 24 | | Subpart D of 40 C.F.R. 761 that is located less than 500 feet | 25 | | above an aquifer that currently provides the only source of | 26 | | potable water for a community water supply, the county board of |
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| 1 | | each county located, in or whole in part, within the aquifer's | 2 | | boundaries and the governing body of each municipality located, | 3 | | in or whole or part, within the aquifer's boundaries .
| 4 | | In the event that siting approval granted pursuant to | 5 | | Section 39.2 has
been transferred to a subsequent owner or | 6 | | operator, that subsequent owner or
operator may apply to the | 7 | | Agency for, and the Agency may grant, a development
or | 8 | | construction permit for the facility for which local siting | 9 | | approval was
granted. Upon application to the Agency for a | 10 | | development or
construction permit by that subsequent owner or | 11 | | operator,
the permit applicant shall cause written notice of | 12 | | the permit application
to be served upon the appropriate county | 13 | | board or governing body of the
municipality that granted siting | 14 | | approval for that facility and upon any party
to the siting | 15 | | proceeding pursuant to which siting approval was granted. In
| 16 | | that event, the Agency shall conduct an evaluation of the | 17 | | subsequent owner or
operator's prior experience in waste | 18 | | management operations in the manner
conducted under subsection | 19 | | (i) of Section 39 of this Act.
| 20 | | Beginning August 20, 1993, if the pollution control | 21 | | facility consists of a
hazardous or solid waste disposal | 22 | | facility for which the proposed site is
located in an | 23 | | unincorporated area of a county with a population of less than
| 24 | | 100,000 and includes all or a portion of a parcel of land that | 25 | | was, on April 1,
1993, adjacent to a municipality having a | 26 | | population of less than 5,000, then
the local siting review |
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| 1 | | required under this subsection (c) in conjunction with
any | 2 | | permit applied for after that date shall be performed by the | 3 | | governing body
of that adjacent municipality rather than the | 4 | | county board of the county in
which the proposed site is | 5 | | located; and for the purposes of that local siting
review, any | 6 | | references in this Act to the county board shall be deemed to | 7 | | mean
the governing body of that adjacent municipality; | 8 | | provided, however, that the
provisions of this paragraph shall | 9 | | not apply to any proposed site which was, on
April 1, 1993, | 10 | | owned in whole or in part by another municipality or to any | 11 | | site or facility for the treatment,
storage, or disposal of | 12 | | polychlorinated biphenyls (PCBs) or PCB Items regulated under | 13 | | Subpart D of 40 C.F.R. 761 that is located less than 500 feet | 14 | | above an aquifer that currently provides the only source of | 15 | | potable water for a community water supply .
| 16 | | In the case of a pollution control facility for which a
| 17 | | development permit was issued before November 12, 1981, if an | 18 | | operating
permit has not been issued by the Agency prior to | 19 | | August 31, 1989 for
any portion of the facility, then the | 20 | | Agency may not issue or renew any
development permit nor issue | 21 | | an original operating permit for any portion of
such facility | 22 | | unless the applicant has submitted proof to the Agency that the
| 23 | | location of the facility has been approved by the appropriate | 24 | | county board or
municipal governing body pursuant to Section | 25 | | 39.2 of this Act.
| 26 | | After January 1, 1994, if a solid waste
disposal facility, |
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| 1 | | any portion for which an operating permit has been issued by
| 2 | | the Agency, has not accepted waste disposal for 5 or more | 3 | | consecutive calendars
years, before that facility may accept | 4 | | any new or additional waste for
disposal, the owner and | 5 | | operator must obtain a new operating permit under this
Act for | 6 | | that facility unless the owner and operator have applied to the | 7 | | Agency
for a permit authorizing the temporary suspension of | 8 | | waste acceptance. The
Agency may not issue a new operation | 9 | | permit under this Act for the facility
unless the applicant has | 10 | | submitted proof to the Agency that the location of the
facility | 11 | | has been approved or re-approved by the appropriate county | 12 | | board or
municipal governing body under Section 39.2 of this | 13 | | Act after the facility
ceased accepting waste.
| 14 | | Except for those facilities owned or operated by sanitary | 15 | | districts
organized under the Metropolitan Water Reclamation | 16 | | District Act, and
except for new pollution control facilities | 17 | | governed by Section 39.2,
and except for fossil fuel mining | 18 | | facilities, the granting of a permit under
this Act shall not | 19 | | relieve the applicant from meeting and securing all
necessary | 20 | | zoning approvals from the unit of government having zoning
| 21 | | jurisdiction over the proposed facility.
| 22 | | Before beginning construction on any new sewage treatment | 23 | | plant or sludge
drying site to be owned or operated by a | 24 | | sanitary district organized under
the Metropolitan Water | 25 | | Reclamation District Act for which a new
permit (rather than | 26 | | the renewal or amendment of an existing permit) is
required, |
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| 1 | | such sanitary district shall hold a public hearing within the
| 2 | | municipality within which the proposed facility is to be | 3 | | located, or within the
nearest community if the proposed | 4 | | facility is to be located within an
unincorporated area, at | 5 | | which information concerning the proposed facility
shall be | 6 | | made available to the public, and members of the public shall | 7 | | be given
the opportunity to express their views concerning the | 8 | | proposed facility.
| 9 | | The Agency may issue a permit for a municipal waste | 10 | | transfer station
without requiring approval pursuant to | 11 | | Section 39.2 provided that the following
demonstration is 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 |
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| 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.
| 4 | | All RCRA permits shall contain those terms and conditions, | 5 | | including but
not limited to schedules of compliance, which may | 6 | | be required to accomplish
the purposes and provisions of this | 7 | | Act. The Agency may include among such
conditions standards and | 8 | | other requirements established under this Act,
Board | 9 | | regulations, the Resource Conservation and Recovery Act of 1976 | 10 | | (P.L.
94-580), as amended, and regulations pursuant thereto, | 11 | | and may include
schedules for achieving compliance therewith as | 12 | | soon as possible. The
Agency shall require that a performance | 13 | | bond or other security be provided
as a condition for the | 14 | | issuance of a RCRA permit.
| 15 | | In the case of a permit to operate a hazardous waste or PCB | 16 | | incinerator
as defined in subsection (k) of Section 44, the | 17 | | Agency shall require, as a
condition of the permit, that the | 18 | | operator of the facility perform such
analyses of the waste to | 19 | | be incinerated as may be necessary and appropriate
to ensure | 20 | | the safe operation of the incinerator.
| 21 | | The Agency shall adopt filing requirements and procedures | 22 | | which
are necessary and appropriate for the issuance of RCRA | 23 | | permits, and which
are consistent with the Act or regulations | 24 | | adopted by the Board, and with
the Resource Conservation and | 25 | | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 26 | | pursuant thereto.
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| 1 | | The applicant shall make available to the public for | 2 | | inspection all
documents submitted by the applicant to the | 3 | | Agency in furtherance
of an application, with the exception of | 4 | | trade secrets, at the office of
the county board or governing | 5 | | body of the municipality. Such documents
may be copied upon | 6 | | payment of the actual cost of reproduction during regular
| 7 | | business hours of the local office. The Agency shall issue a | 8 | | written statement
concurrent with its grant or denial of the | 9 | | permit explaining the basis for its
decision.
| 10 | | (e) The Agency may issue UIC permits exclusively under this
| 11 | | subsection to persons owning or operating a facility for the | 12 | | underground
injection of contaminants as defined under this | 13 | | Act.
| 14 | | All UIC permits shall contain those terms and conditions, | 15 | | including but
not limited to schedules of compliance, which may | 16 | | be required to accomplish
the purposes and provisions of this | 17 | | Act. The Agency may include among such
conditions standards and | 18 | | other requirements established under this Act,
Board | 19 | | regulations, the Safe Drinking Water Act (P.L. 93-523), as | 20 | | amended,
and regulations pursuant thereto, and may include | 21 | | schedules for achieving
compliance therewith. The Agency shall | 22 | | require that a performance bond or
other security be provided | 23 | | as a condition for the issuance of a UIC permit.
| 24 | | The Agency shall adopt filing requirements and procedures | 25 | | which
are necessary and appropriate for the issuance of UIC | 26 | | permits, and which
are consistent with the Act or regulations |
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| 1 | | adopted by the Board, and with
the Safe Drinking Water Act | 2 | | (P.L. 93-523), as amended, and 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 | | (f) In making any determination pursuant to Section 9.1 of | 13 | | this Act:
| 14 | | (1) The Agency shall have authority to make the | 15 | | determination of any
question required to be determined by | 16 | | the Clean Air Act, as now or
hereafter amended, this Act, | 17 | | or the regulations of the Board, including the
| 18 | | determination of the Lowest Achievable Emission Rate, | 19 | | Maximum Achievable
Control Technology, or Best Available | 20 | | Control Technology, consistent with the
Board's | 21 | | regulations, if any.
| 22 | | (2) The Agency shall, after conferring with the | 23 | | applicant, give written
notice to the applicant of its | 24 | | proposed decision on the application including
the terms | 25 | | and conditions of the permit to be issued and the facts, | 26 | | conduct
or other basis upon which the Agency will rely to |
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| 1 | | support its proposed action.
| 2 | | (3) Following such notice, the Agency shall give the | 3 | | applicant an
opportunity for a hearing in accordance with | 4 | | the provisions of Sections
10-25 through 10-60 of the | 5 | | Illinois Administrative Procedure Act.
| 6 | | (g) The Agency shall include as conditions upon all permits | 7 | | issued for
hazardous waste disposal sites such restrictions | 8 | | upon the future use
of such sites as are reasonably necessary | 9 | | to protect public health and
the environment, including | 10 | | permanent prohibition of the use of such
sites for purposes | 11 | | which may create an unreasonable risk of injury to human
health | 12 | | or to the environment. After administrative and judicial | 13 | | challenges
to such restrictions have been exhausted, the Agency | 14 | | shall file such
restrictions of record in the Office of the | 15 | | Recorder of the county in which
the hazardous waste disposal | 16 | | site is located.
| 17 | | (h) A hazardous waste stream may not be deposited in a | 18 | | permitted hazardous
waste site unless specific authorization | 19 | | is obtained from the Agency by the
generator and disposal site | 20 | | owner and operator for the deposit of that specific
hazardous | 21 | | waste stream. The Agency may grant specific authorization for
| 22 | | disposal of hazardous waste streams only after the generator | 23 | | has reasonably
demonstrated that, considering
technological | 24 | | feasibility and economic reasonableness, the hazardous waste
| 25 | | cannot be reasonably recycled for reuse, nor incinerated or | 26 | | chemically,
physically or biologically treated so as to |
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| 1 | | neutralize the hazardous waste
and render it nonhazardous. In | 2 | | granting authorization under this Section,
the Agency may | 3 | | impose such conditions as may be necessary to accomplish
the | 4 | | purposes of the Act and are consistent with this Act and | 5 | | regulations
promulgated by the Board hereunder. If the Agency | 6 | | refuses to grant
authorization under this Section, the | 7 | | applicant may appeal as if the Agency
refused to grant a | 8 | | permit, pursuant to the provisions of subsection (a) of
Section | 9 | | 40 of this Act. For purposes of this subsection (h), the term
| 10 | | "generator" has the meaning given in Section 3.205 of this Act,
| 11 | | unless: (1) the hazardous waste is treated, incinerated, or | 12 | | partially recycled
for reuse prior to disposal, in which case | 13 | | the last person who treats,
incinerates, or partially recycles | 14 | | the hazardous waste prior to disposal is the
generator; or (2) | 15 | | the hazardous waste is from a response action, in which case
| 16 | | the person performing the response action is the generator. | 17 | | This subsection
(h) does not apply to any hazardous waste that | 18 | | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| 19 | | (i) Before issuing any RCRA permit, any permit for a waste | 20 | | storage site,
sanitary landfill, waste disposal site, waste | 21 | | transfer station, waste treatment
facility, waste incinerator, | 22 | | or any waste-transportation operation, or any permit or interim | 23 | | authorization for a clean construction or demolition debris | 24 | | fill operation, the Agency
shall conduct an evaluation of the | 25 | | prospective owner's or operator's prior
experience in waste | 26 | | management operations and clean construction or demolition |
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| 1 | | debris fill operations. The Agency may deny such a permit, or | 2 | | deny or revoke interim authorization,
if the prospective owner | 3 | | or operator or any employee or officer of the
prospective owner | 4 | | or operator has a history of:
| 5 | | (1) repeated violations of federal, State, or local | 6 | | laws, regulations,
standards, or ordinances in the | 7 | | operation of waste management facilities or
sites or clean | 8 | | construction or demolition debris fill operation | 9 | | facilities or sites; or
| 10 | | (2) conviction in this or another State of any crime | 11 | | which is a felony
under the laws of this State, or | 12 | | conviction of a felony in a federal court; or conviction in | 13 | | this or another state or federal court of any of the | 14 | | following crimes: forgery, official misconduct, bribery, | 15 | | perjury, or knowingly submitting false information under | 16 | | any environmental law, regulation, or permit term or | 17 | | condition; or
| 18 | | (3) proof of gross carelessness or incompetence in | 19 | | handling, storing,
processing, transporting or disposing | 20 | | of waste or clean construction or demolition debris, or | 21 | | proof of gross carelessness or incompetence in using clean | 22 | | construction or demolition debris as fill.
| 23 | | (i-5) Before issuing any permit or approving any interim | 24 | | authorization for a clean construction or demolition debris | 25 | | fill operation in which any ownership interest is transferred | 26 | | between January 1, 2005, and the effective date of the |
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| 1 | | prohibition set forth in Section 22.52 of this Act, the Agency | 2 | | shall conduct an evaluation of the operation if any previous | 3 | | activities at the site or facility may have caused or allowed | 4 | | contamination of the site. It shall be the responsibility of | 5 | | the owner or operator seeking the permit or interim | 6 | | authorization to provide to the Agency all of the information | 7 | | necessary for the Agency to conduct its evaluation. The Agency | 8 | | may deny a permit or interim authorization if previous | 9 | | activities at the site may have caused or allowed contamination | 10 | | at the site, unless such contamination is authorized under any | 11 | | permit issued by the Agency.
| 12 | | (j) The issuance under this Act of a permit to engage in | 13 | | the surface mining
of any resources other than fossil fuels | 14 | | shall not relieve
the permittee from its duty to comply with | 15 | | any applicable local law regulating
the commencement, location | 16 | | or operation of surface mining facilities.
| 17 | | (k) A development permit issued under subsection (a) of | 18 | | Section 39 for any
facility or site which is required to have a | 19 | | permit under subsection (d) of
Section 21 shall expire at the | 20 | | end of 2 calendar years from the date upon which
it was issued, | 21 | | unless within that period the applicant has taken action to
| 22 | | develop the facility or the site. In the event that review of | 23 | | the
conditions of the development permit is sought pursuant to | 24 | | Section 40 or
41, or permittee is prevented from commencing | 25 | | development of the facility
or site by any other litigation | 26 | | beyond the permittee's control, such
two-year period shall be |
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| 1 | | deemed to begin on the date upon which such review
process or | 2 | | litigation is concluded.
| 3 | | (l) No permit shall be issued by the Agency under this Act | 4 | | for
construction or operation of any facility or site located | 5 | | within the
boundaries of any setback zone established pursuant | 6 | | to this Act, where such
construction or operation is | 7 | | prohibited.
| 8 | | (m) The Agency may issue permits to persons owning or | 9 | | operating
a facility for composting landscape waste. In | 10 | | granting such permits, the Agency
may impose such conditions as | 11 | | may be necessary to accomplish the purposes of
this Act, and as | 12 | | are not inconsistent with applicable regulations promulgated
| 13 | | by the Board. Except as otherwise provided in this Act, a bond | 14 | | or other
security shall not be required as a condition for the | 15 | | issuance of a permit. If
the Agency denies any permit pursuant | 16 | | to this subsection, the Agency shall
transmit to the applicant | 17 | | within the time limitations of this subsection
specific, | 18 | | detailed statements as to the reasons the permit application | 19 | | was
denied. Such statements shall include but not be limited to | 20 | | the following:
| 21 | | (1) the Sections of this Act that may be violated if | 22 | | the permit
were granted;
| 23 | | (2) the specific regulations promulgated pursuant to | 24 | | this
Act that may be violated if the permit were granted;
| 25 | | (3) the specific information, if any, the Agency deems | 26 | | the
applicant did not provide in its application to the |
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| 1 | | Agency; and
| 2 | | (4) a statement of specific reasons why the Act and the | 3 | | regulations
might be violated if the permit were granted.
| 4 | | If no final action is taken by the Agency within 90 days | 5 | | after the filing
of the application for permit, the applicant | 6 | | may deem the permit issued.
Any applicant for a permit may | 7 | | waive the 90 day limitation by filing a
written statement with | 8 | | the Agency.
| 9 | | The Agency shall issue permits for such facilities upon | 10 | | receipt of an
application that includes a legal description of | 11 | | the site, a topographic
map of the site drawn to the scale of | 12 | | 200 feet to the inch or larger, a
description of the operation, | 13 | | including the area served, an estimate of
the volume of | 14 | | materials to be processed, and documentation that:
| 15 | | (1) the facility includes a setback of at
least 200 | 16 | | feet from the nearest potable water supply well;
| 17 | | (2) the facility is located outside the boundary
of the | 18 | | 10-year floodplain or the site will be floodproofed;
| 19 | | (3) the facility is located so as to minimize
| 20 | | incompatibility with the character of the surrounding | 21 | | area, including at
least a 200 foot setback from any | 22 | | residence, and in the case of a
facility that is developed | 23 | | or the permitted composting area of which is
expanded after | 24 | | November 17, 1991, the composting area is located at least | 25 | | 1/8
mile from the nearest residence (other than a residence | 26 | | located on the same
property as the facility);
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| 1 | | (4) the design of the facility will prevent any compost | 2 | | material from
being placed within 5 feet of the water | 3 | | table, will adequately control runoff
from the site, and | 4 | | will collect and manage any leachate that is generated on
| 5 | | the site;
| 6 | | (5) the operation of the facility will include | 7 | | appropriate dust
and odor control measures, limitations on | 8 | | operating hours, appropriate
noise control measures for | 9 | | shredding, chipping and similar equipment,
management | 10 | | procedures for composting, containment and disposal of
| 11 | | non-compostable wastes, procedures to be used for
| 12 | | terminating operations at the site, and recordkeeping | 13 | | sufficient to
document the amount of materials received, | 14 | | composted and otherwise
disposed of; and
| 15 | | (6) the operation will be conducted in accordance with | 16 | | any applicable
rules adopted by the Board.
| 17 | | The Agency shall issue renewable permits of not longer than | 18 | | 10 years
in duration for the composting of landscape wastes, as | 19 | | defined in Section
3.155 of this Act, based on the above | 20 | | requirements.
| 21 | | The operator of any facility permitted under this | 22 | | subsection (m) must
submit a written annual statement to the | 23 | | Agency on or before April 1 of
each year that includes an | 24 | | estimate of the amount of material, in tons,
received for | 25 | | composting.
| 26 | | (n) The Agency shall issue permits jointly with the |
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| 1 | | Department of
Transportation for the dredging or deposit of | 2 | | material in Lake Michigan in
accordance with Section 18 of the | 3 | | Rivers, Lakes, and Streams Act.
| 4 | | (o) (Blank.)
| 5 | | (p) (1) Any person submitting an application for a permit | 6 | | for a new MSWLF
unit or for a lateral expansion under | 7 | | subsection (t) of Section 21 of this Act
for an existing MSWLF | 8 | | unit that has not received and is not subject to local
siting | 9 | | approval under Section 39.2 of this Act shall publish notice of | 10 | | the
application in a newspaper of general circulation in the | 11 | | county in which the
MSWLF unit is or is proposed to be located. | 12 | | The notice must be published at
least 15 days before submission | 13 | | of the permit application to the Agency. The
notice shall state | 14 | | the name and address of the applicant, the location of the
| 15 | | MSWLF unit or proposed MSWLF unit, the nature and size of the | 16 | | MSWLF unit or
proposed MSWLF unit, the nature of the activity | 17 | | proposed, the probable life of
the proposed activity, the date | 18 | | the permit application will be submitted, and a
statement that | 19 | | persons may file written comments with the Agency concerning | 20 | | the
permit application within 30 days after the filing of the | 21 | | permit application
unless the time period to submit comments is | 22 | | extended by the Agency.
| 23 | | When a permit applicant submits information to the Agency | 24 | | to supplement a
permit application being reviewed by the | 25 | | Agency, the applicant shall not be
required to reissue the | 26 | | notice under this subsection.
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| 1 | | (2) The Agency shall accept written comments concerning the | 2 | | permit
application that are postmarked no later than 30 days | 3 | | after the
filing of the permit application, unless the time | 4 | | period to accept comments is
extended by the Agency.
| 5 | | (3) Each applicant for a permit described in part (1) of | 6 | | this subsection
shall file a
copy of the permit application | 7 | | with the county board or governing body of the
municipality in | 8 | | which the MSWLF unit is or is proposed to be located at the
| 9 | | same time the application is submitted to the Agency. The | 10 | | permit application
filed with the county board or governing | 11 | | body of the municipality shall include
all documents submitted | 12 | | to or to be submitted to the Agency, except trade
secrets as | 13 | | determined under Section 7.1 of this Act. The permit | 14 | | application
and other documents on file with the county board | 15 | | or governing body of the
municipality shall be made available | 16 | | for public inspection during regular
business hours at the | 17 | | office of the county board or the governing body of the
| 18 | | municipality and may be copied upon payment of the actual cost | 19 | | of
reproduction.
| 20 | | (q) Within 6 months after the effective date of this | 21 | | amendatory Act of the 97th General Assembly, the Agency, in | 22 | | consultation with the regulated community, shall develop a web | 23 | | portal to be posted on its website for the purpose of enhancing | 24 | | review and promoting timely issuance of permits required by | 25 | | this Act. At a minimum, the Agency shall make the following | 26 | | information available on the web portal: |
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| 1 | | (1) Checklists and guidance relating to the completion | 2 | | of permit applications, developed pursuant to subsection | 3 | | (s) of this Section, which may include, but are not limited | 4 | | to, existing instructions for completing the applications | 5 | | and examples of complete applications. As the Agency | 6 | | develops new checklists and develops guidance, it shall | 7 | | supplement the web portal with those materials. | 8 | | (2) Within 2 years after the effective date of this | 9 | | amendatory Act of the 97th General Assembly, permit | 10 | | application forms or portions of permit applications that | 11 | | can be completed and saved electronically, and submitted to | 12 | | the Agency electronically with digital signatures. | 13 | | (3) Within 2 years after the effective date of this | 14 | | amendatory Act of the 97th General Assembly, an online | 15 | | tracking system where an applicant may review the status of | 16 | | its pending application, including the name and contact | 17 | | information of the permit analyst assigned to the | 18 | | application. Until the online tracking system has been | 19 | | developed, the Agency shall post on its website semi-annual | 20 | | permitting efficiency tracking reports that include | 21 | | statistics on the timeframes for Agency action on the | 22 | | following types of permits received after the effective | 23 | | date of this amendatory Act of the 97th General Assembly: | 24 | | air construction permits, new NPDES permits and associated | 25 | | water construction permits, and modifications of major | 26 | | NPDES permits and associated water construction permits. |
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| 1 | | The reports must be posted by February 1 and August 1 each | 2 | | year and shall include: | 3 | | (A) the number of applications received for each | 4 | | type of permit, the number of applications on which the | 5 | | Agency has taken action, and the number of applications | 6 | | still pending; and | 7 | | (B) for those applications where the Agency has not | 8 | | taken action in accordance with the timeframes set | 9 | | forth in this Act, the date the application was | 10 | | received and the reasons for any delays, which may | 11 | | include, but shall not be limited to, (i) the | 12 | | application being inadequate or incomplete, (ii) | 13 | | scientific or technical disagreements with the | 14 | | applicant, USEPA, or other local, state, or federal | 15 | | agencies involved in the permitting approval process, | 16 | | (iii) public opposition to the permit, or (iv) Agency | 17 | | staffing shortages. To the extent practicable, the | 18 | | tracking report shall provide approximate dates when | 19 | | cause for delay was identified by the Agency, when the | 20 | | Agency informed the applicant of the problem leading to | 21 | | the delay, and when the applicant remedied the reason | 22 | | for the delay. | 23 | | (r) Upon the request of the applicant, the Agency shall | 24 | | notify the applicant of the permit analyst assigned to the | 25 | | application upon its receipt. | 26 | | (s) The Agency is authorized to prepare and distribute |
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| 1 | | guidance documents relating to its administration of this | 2 | | Section and procedural rules implementing this Section. | 3 | | Guidance documents prepared under this subsection shall not be | 4 | | considered rules and shall not be subject to the Illinois | 5 | | Administrative Procedure Act. Such guidance shall not be | 6 | | binding on any party. | 7 | | (t) Except as otherwise prohibited by federal law or | 8 | | regulation, any person submitting an application for a permit | 9 | | may include with the application suggested permit language for | 10 | | Agency consideration. The Agency is not obligated to use the | 11 | | suggested language or any portion thereof in its permitting | 12 | | decision. If requested by the permit applicant, the Agency | 13 | | shall meet with the applicant to discuss the suggested | 14 | | language. | 15 | | (u) If requested by the permit applicant, the Agency shall | 16 | | provide the permit applicant with a copy of the draft permit | 17 | | prior to any public review period. | 18 | | (v) If requested by the permit applicant, the Agency shall | 19 | | provide the permit applicant with a copy of the final permit | 20 | | prior to its issuance. | 21 | | (w) An air pollution permit shall not be required due to | 22 | | emissions of greenhouse gases, as specified by Section 9.15 of | 23 | | this Act. | 24 | | (Source: P.A. 97-95, eff. 7-12-11.)
| 25 | | (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
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| 1 | | Sec. 39.2. Local siting review.
| 2 | | (a) The appropriate governing bodies county board of the | 3 | | county or the governing body of the
municipality , as determined | 4 | | by paragraph (c) of Section 39 of this Act, shall
approve or | 5 | | disapprove the request for local siting approval for each | 6 | | pollution
control facility which is subject to such review. An | 7 | | applicant for local
siting approval shall submit sufficient | 8 | | details describing the proposed
facility to demonstrate | 9 | | compliance, and local siting approval shall be granted
only if | 10 | | the proposed facility meets the following criteria:
| 11 | | (i) the facility is necessary to accommodate the waste | 12 | | needs of the area
it is intended to serve;
| 13 | | (ii) the facility is so designed, located and proposed | 14 | | to be operated
that the public health, safety and welfare | 15 | | will be protected;
| 16 | | (iii) the facility is located so as to minimize | 17 | | incompatibility with the
character of the surrounding area | 18 | | and to minimize the effect on the value of
the surrounding | 19 | | property;
| 20 | | (iv) (A) for a facility other than a sanitary landfill | 21 | | or waste disposal
site, the facility is located outside the | 22 | | boundary of the 100 year flood plain
or the site is | 23 | | flood-proofed; (B) for a facility that is a sanitary | 24 | | landfill
or waste disposal site, the facility is located | 25 | | outside the boundary of the
100-year floodplain, or if the | 26 | | facility is a facility described in subsection
(b)(3) of |
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| 1 | | Section 22.19a, the site is flood-proofed;
| 2 | | (v) the plan of operations for the facility is designed | 3 | | to minimize
the danger to the surrounding area from fire, | 4 | | spills, or other operational
accidents;
| 5 | | (vi) the traffic patterns to or from the facility are | 6 | | so designed as to
minimize the impact on existing traffic | 7 | | flows;
| 8 | | (vii) if the facility will be treating, storing or | 9 | | disposing of
hazardous waste, an emergency response plan | 10 | | exists for the facility which
includes notification, | 11 | | containment and evacuation procedures to be used in
case of | 12 | | an accidental release;
| 13 | | (viii) if the facility is to be located in a county | 14 | | where the county
board has adopted a solid waste management | 15 | | plan consistent with the planning
requirements of the Local | 16 | | Solid Waste Disposal Act or the Solid Waste Planning
and | 17 | | Recycling Act, the facility is
consistent with that plan; | 18 | | for purposes of this criterion (viii), the "solid waste | 19 | | management plan" means the plan that is in effect as of the | 20 | | date the application for siting approval is filed; and
| 21 | | (ix) if the facility will be located within a regulated | 22 | | recharge area,
any applicable requirements specified by | 23 | | the Board for such areas have been
met.
| 24 | | The appropriate governing bodies county board or the | 25 | | governing body of the municipality may also
consider as | 26 | | evidence the previous operating experience and past record of
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| 1 | | convictions or admissions of violations of the applicant (and | 2 | | any subsidiary
or parent corporation) in the field of solid | 3 | | waste management when
considering criteria (ii) and (v) under | 4 | | this Section. | 5 | | If the facility is subject to the location restrictions in | 6 | | Section 22.14 of this Act, compliance with that Section shall | 7 | | be determined as of the date the application for siting | 8 | | approval is filed.
| 9 | | (b) No later than 14 days before the date on which the | 10 | | governing body county board or
governing body of the | 11 | | municipality receives a request for
site approval, the | 12 | | applicant shall cause written notice
of such request to be | 13 | | served either in person or by registered mail, return
receipt | 14 | | requested, on the owners of all property within the subject | 15 | | area not
solely owned by the applicant, and on the owners of | 16 | | all property within 250
feet in each direction of the lot line | 17 | | of the subject property, said owners
being such persons or | 18 | | entities which appear from the authentic tax records of
the | 19 | | County in which such facility is to be located; provided, that | 20 | | the number
of all feet occupied by all public roads, streets, | 21 | | alleys and other public ways
shall be excluded in computing the | 22 | | 250 feet requirement; provided further, that
in no event shall | 23 | | this requirement exceed 400 feet, including public streets,
| 24 | | alleys and other public ways.
| 25 | | Such written notice shall also be served upon members of | 26 | | the General Assembly
from the legislative district in which the |
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| 1 | | proposed facility is located
and shall be published in a | 2 | | newspaper of general circulation published in
the county in | 3 | | which the site is located.
| 4 | | Such notice shall state the name and address of the | 5 | | applicant, the location
of the proposed site, the nature and | 6 | | size of the development, the nature of the
activity proposed, | 7 | | the probable life of the proposed activity, the date when
the | 8 | | request for site approval will be submitted, and a description | 9 | | of the right
of persons to comment on such request as hereafter | 10 | | provided.
| 11 | | (c) An applicant shall file a copy of its request with the | 12 | | appropriate governing bodies county board
of the county or the | 13 | | governing body of the municipality in which the proposed
site | 14 | | is located . The request shall include (i) the substance of the
| 15 | | applicant's proposal and (ii) all documents, if any, submitted | 16 | | as of that date
to the Agency pertaining to the proposed | 17 | | facility, except trade secrets as
determined under Section 7.1 | 18 | | of this Act. All such documents or other
materials on file with | 19 | | the county board or governing body of the municipality
shall be | 20 | | made available for public inspection at the office of the | 21 | | county board
or the governing body of the municipality and may | 22 | | be copied upon payment of the
actual cost of reproduction.
| 23 | | Any person may file written comment with the appropriate | 24 | | governing bodies county board or governing
body of the | 25 | | municipality concerning the appropriateness of the proposed
| 26 | | site for its intended purpose. The appropriate governing bodies |
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| 1 | | county board or governing body of the
municipality shall | 2 | | consider any comment received or postmarked not later
than 30 | 3 | | days after the date of the last public hearing.
| 4 | | (d) At least one public hearing is to be held by the | 5 | | appropriate governing bodies county board or
governing body of | 6 | | the municipality no sooner than 90 days but no later than
120 | 7 | | days after the date on which it received the
request for site | 8 | | approval. No later than 14 days prior to such hearing,
notice | 9 | | shall be published in a newspaper of general circulation | 10 | | published in
the county of the proposed site, and delivered by | 11 | | certified mail to all members
of the General Assembly from the | 12 | | district in which the proposed site is
located, to the | 13 | | governing authority of every municipality contiguous to the
| 14 | | proposed site or contiguous to the municipality in which the | 15 | | proposed site is
to be located, to the county board of the | 16 | | county where the proposed site is to
be located, if the | 17 | | proposed site is located within the boundaries of a
| 18 | | municipality, and to the Agency. Members or representatives of | 19 | | the governing
authority of a municipality contiguous to the | 20 | | proposed site or contiguous to
the municipality in which the | 21 | | proposed site is to be located and, if the
proposed site is | 22 | | located in a municipality, members or representatives of the
| 23 | | county board of a county in which the proposed site is to be | 24 | | located may appear
at and participate in public hearings held | 25 | | pursuant to this Section. The
public hearing shall develop a | 26 | | record sufficient to form the basis of appeal
of the decision |
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| 1 | | in accordance with Section 40.1 of this Act. The fact that a
| 2 | | member of a the county board or governing body of a the | 3 | | municipality has publicly
expressed an opinion on an issue | 4 | | related to a site review proceeding shall not
preclude the | 5 | | member from taking part in the proceeding and voting on the | 6 | | issue.
| 7 | | (e) Decisions of the appropriate governing bodies county | 8 | | board or governing body of the municipality
are to be in | 9 | | writing, specifying the reasons for the decision, such reasons
| 10 | | to be in conformance with subsection (a) of this Section. In | 11 | | granting approval
for a site the appropriate governing bodies | 12 | | county board or governing body of the municipality may impose
| 13 | | such conditions as may be reasonable and necessary to | 14 | | accomplish the purposes
of this Section and as are not | 15 | | inconsistent with regulations promulgated
by the Board. Such | 16 | | decision shall be available for public inspection at
the office | 17 | | of the county board or governing body of the municipality and
| 18 | | may be copied upon payment of the actual cost of reproduction. | 19 | | If there is
no final action by the appropriate governing bodies | 20 | | county board or governing body of the municipality
within 180 | 21 | | days after the date on which it received the
request for site | 22 | | approval, the applicant may deem the request approved.
| 23 | | At any time prior to completion by the applicant of the | 24 | | presentation of
the applicant's factual evidence and an | 25 | | opportunity for cross-questioning
by the appropriate governing | 26 | | bodies county board or governing body of the municipality and |
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| 1 | | any participants,
the applicant may file not more than one | 2 | | amended application upon payment
of additional fees pursuant to | 3 | | subsection (k); in which case the time
limitation for final | 4 | | action set forth in this subsection (e) shall
be extended for | 5 | | an additional period of 90 days.
| 6 | | If, prior to making a final local siting decision, a county | 7 | | board or
governing body of a municipality has negotiated and | 8 | | entered into a host
agreement with the local siting applicant, | 9 | | the terms and conditions of
the host agreement, whether written | 10 | | or oral, shall be disclosed and made
a part of the hearing | 11 | | record for that local siting proceeding.
In the case of an oral | 12 | | agreement, the disclosure shall be made in the form
of a | 13 | | written summary jointly prepared and submitted by the county | 14 | | board or
governing body of the municipality and the siting | 15 | | applicant and shall describe
the terms and conditions of the | 16 | | oral agreement.
| 17 | | (e-5) Siting approval obtained pursuant to this Section is | 18 | | transferable
and may be transferred to a subsequent owner or | 19 | | operator. In the event that
siting approval has been | 20 | | transferred to a subsequent owner or operator, that
subsequent | 21 | | owner or operator assumes and takes subject to any and all
| 22 | | conditions imposed upon the prior owner or operator by the | 23 | | county board of
the county or governing body of the | 24 | | municipality pursuant to subsection (e).
However, any such | 25 | | conditions imposed pursuant to this Section may be modified
by | 26 | | agreement between the subsequent owner or operator and the |
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| 1 | | appropriate
county board or governing body. Further, in the | 2 | | event that siting approval
obtained pursuant to this Section | 3 | | has been transferred to a subsequent owner or
operator, that | 4 | | subsequent owner or operator assumes all rights and obligations
| 5 | | and takes the facility subject to any and all terms and | 6 | | conditions of any
existing host agreement between the prior | 7 | | owner or operator and the appropriate
county board or governing | 8 | | body.
| 9 | | (f) A local siting approval granted under this Section | 10 | | shall expire at
the end of 2 calendar years from the date upon | 11 | | which it was granted, unless
the local siting approval granted | 12 | | under this Section is for a sanitary landfill
operation, in | 13 | | which case the approval shall expire at the end of 3 calendar
| 14 | | years from the date upon which it was granted, and unless | 15 | | within that period
the applicant has made application to the | 16 | | Agency for a
permit to develop the site. In the event that the | 17 | | local siting decision has
been appealed, such expiration period | 18 | | shall be deemed to begin on the date
upon which the appeal | 19 | | process is concluded.
| 20 | | Except as otherwise provided in this subsection, upon the | 21 | | expiration
of a development permit under subsection (k) of | 22 | | Section 39, any associated
local siting approval granted for | 23 | | the facility under this Section shall also
expire.
| 24 | | If a first development permit for a municipal waste | 25 | | incineration
facility expires under subsection (k) of Section | 26 | | 39 after September 30,
1989 due to circumstances beyond the |
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| 1 | | control of the applicant, any
associated local siting approval | 2 | | granted for the facility under this
Section may be used to | 3 | | fulfill the local siting approval requirement upon
application | 4 | | for a second development permit for the same site, provided
| 5 | | that the proposal in the new application is materially the | 6 | | same, with respect
to the criteria in subsection (a) of this | 7 | | Section, as the proposal that
received the original siting | 8 | | approval, and application for the second
development permit is | 9 | | made before January 1, 1990.
| 10 | | (g) The siting approval procedures, criteria and appeal | 11 | | procedures
provided for in this Act for new pollution control | 12 | | facilities
shall be the exclusive siting procedures and rules | 13 | | and appeal procedures
for facilities subject to such | 14 | | procedures. Local zoning or other local land
use requirements | 15 | | shall not be applicable to such siting decisions.
| 16 | | (h) Nothing in this Section shall apply to any existing or | 17 | | new
pollution control facility located within the corporate | 18 | | limits of
a municipality with a population of over 1,000,000.
| 19 | | (i) (Blank.)
| 20 | | The Board shall adopt regulations establishing the | 21 | | geologic and
hydrologic siting criteria necessary to protect | 22 | | usable groundwater
resources which are to be followed by the | 23 | | Agency in its review of permit
applications for new pollution | 24 | | control facilities. Such
regulations, insofar as they apply to | 25 | | new pollution control
facilities authorized to store, treat or | 26 | | dispose of any hazardous waste,
shall be at least as stringent |
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| 1 | | as the requirements of the Resource
Conservation and Recovery | 2 | | Act and any State or federal regulations adopted
pursuant | 3 | | thereto.
| 4 | | (j) Any new pollution control facility which has never | 5 | | obtained local
siting approval under the provisions of this | 6 | | Section shall be required to
obtain such approval after a final | 7 | | decision on an appeal of a permit denial.
| 8 | | (k) A county board or governing body of a municipality may | 9 | | charge
applicants for siting review under this Section a | 10 | | reasonable fee to cover
the reasonable and necessary costs | 11 | | incurred by such county or municipality
in the siting review | 12 | | process.
| 13 | | (l) The governing Authority as determined by subsection (c) | 14 | | of Section
39 of this Act may request the Department of | 15 | | Transportation to perform
traffic impact studies of proposed or | 16 | | potential locations for required
pollution control facilities.
| 17 | | (m) An applicant may not file a request for local siting | 18 | | approval which is
substantially the same as a request which was | 19 | | disapproved pursuant to a
finding against the applicant under | 20 | | any of criteria (i) through (ix) of
subsection (a) of this | 21 | | Section within the preceding 2 years.
| 22 | | (n) In any review proceeding of a decision of the county | 23 | | board or
governing body of a municipality made pursuant to the | 24 | | local
siting review process, the petitioner in the review | 25 | | proceeding shall pay to
the county or municipality the cost of | 26 | | preparing and certifying the record
of proceedings. Should the |
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| 1 | | petitioner in the review proceeding fail to make
payment, the | 2 | | provisions of Section 3-109 of the Code of Civil
Procedure | 3 | | shall apply.
| 4 | | In the event the petitioner is a citizens' group that | 5 | | participated in the
siting proceeding and is so located as to | 6 | | be affected by the proposed
facility, such petitioner shall be | 7 | | exempt from paying the costs of
preparing and certifying the | 8 | | record.
| 9 | | (o) Notwithstanding any other provision of this Section, a | 10 | | transfer
station used exclusively for landscape waste, where | 11 | | landscape waste is held
no longer than 24 hours from the time | 12 | | it was received, is not subject to the
requirements of local | 13 | | siting approval under this Section, but is subject only
to | 14 | | local zoning approval.
| 15 | | (Source: P.A. 94-591, eff. 8-15-05; 95-288, eff. 8-20-07.)
| 16 | | (415 ILCS 5/39.2a new) | 17 | | Sec. 39.2a. Operational approval for PCB facilities | 18 | | affecting community water supplies. Notwithstanding any other | 19 | | provision of this Act, in order to protect the public health, | 20 | | safety, and welfare of the people of the State of Illinois, | 21 | | beginning on the effective date of this amendatory Act of the | 22 | | 98th General Assembly, no site or facility for the treatment,
| 23 | | storage, or disposal of polychlorinated biphenyls (PCBs) or PCB | 24 | | Items regulated under Subpart D of 40 C.F.R. 761 that is | 25 | | located less than 500 feet above an aquifer that currently |
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| 1 | | provides the only source of potable water for a community water | 2 | | supply shall commence or continue treating, storing, disposing | 3 | | of, or accepting for treatment, storage, or disposal any | 4 | | polychlorinated biphenyls (PCBs) or PCB Items unless the owner | 5 | | or operator of that site or facility submits proof to the | 6 | | Agency that the operation of the facility on and after the | 7 | | effective date of this amendatory Act of the 98th General | 8 | | Assembly has been approved by ordinances duly adopted by the | 9 | | county board of each county located, in or whole in part, | 10 | | within the aquifer's boundaries and the governing body of each | 11 | | municipality located, in or whole or part, within the aquifer's | 12 | | boundaries.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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