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90_HB0767ren
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
Amends the Environmental Protection Act. Provides that a
subsequent owner of a new pollution control facility is not
required to submit proof that the location of the facility
has been approved pursuant to the local siting review process
if the location has already been approved by a local siting
body, the Pollution Control Board, or a court of competent
jurisdiction prior to the transfer of ownership to the
subsequent owner.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 39 and 39.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Sections 39 and 39.2 as follows:
7 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
8 Sec. 39. Issuance of permits; procedures.
9 (a) When the Board has by regulation required a permit
10 for the construction, installation, or operation of any type
11 of facility, equipment, vehicle, vessel, or aircraft, the
12 applicant shall apply to the Agency for such permit and it
13 shall be the duty of the Agency to issue such a permit upon
14 proof by the applicant that the facility, equipment, vehicle,
15 vessel, or aircraft will not cause a violation of this Act or
16 of regulations hereunder. The Agency shall adopt such
17 procedures as are necessary to carry out its duties under
18 this Section. In granting permits the Agency may impose such
19 conditions as may be necessary to accomplish the purposes of
20 this Act, and as are not inconsistent with the regulations
21 promulgated by the Board hereunder. Except as otherwise
22 provided in this Act, a bond or other security shall not be
23 required as a condition for the issuance of a permit. If the
24 Agency denies any permit under this Section, the Agency shall
25 transmit to the applicant within the time limitations of this
26 Section specific, detailed statements as to the reasons the
27 permit application was denied. Such statements shall
28 include, but not be limited to the following:
29 (i) the Sections of this Act which may be violated
30 if the permit were granted;
31 (ii) the provision of the regulations, promulgated
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1 under this Act, which may be violated if the permit were
2 granted;
3 (iii) the specific type of information, if any,
4 which the Agency deems the applicant did not provide the
5 Agency; and
6 (iv) a statement of specific reasons why the Act
7 and the regulations might not be met if the permit were
8 granted.
9 If there is no final action by the Agency within 90 days
10 after the filing of the application for permit, the applicant
11 may deem the permit issued; except that this time period
12 shall be extended to 180 days when (1) notice and
13 opportunity for public hearing are required by State or
14 federal law or regulation, (2) the application which was
15 filed is for any permit to develop a landfill subject to
16 issuance pursuant to this subsection, or (3) the application
17 that was filed is for a MSWLF unit required to issue public
18 notice under subsection (p) of Section 39.
19 The Agency shall publish notice of all final permit
20 determinations for development permits for MSWLF units and
21 for significant permit modifications for lateral expansions
22 for existing MSWLF units one time in a newspaper of general
23 circulation in the county in which the unit is or is proposed
24 to be located.
25 After January 1, 1994, operating permits issued under
26 this Section by the Agency for sources of air pollution
27 permitted to emit less than 25 tons per year of any
28 combination of regulated air pollutants, as defined in
29 Section 39.5 of this Act, shall be required to be renewed
30 only upon written request by the Agency consistent with
31 applicable provisions of this Act and regulations promulgated
32 hereunder. Such operating permits shall expire 180 days
33 after the date of such a request. The Board shall revise its
34 regulations for the existing State air pollution operating
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1 permit program consistent with this provision by January 1,
2 1994.
3 (b) The Agency may issue NPDES permits exclusively under
4 this subsection for the discharge of contaminants from point
5 sources into navigable waters, all as defined in the Federal
6 Water Pollution Control Act, as now or hereafter amended,
7 within the jurisdiction of the State, or into any well.
8 All NPDES permits shall contain those terms and
9 conditions, including but not limited to schedules of
10 compliance, which may be required to accomplish the purposes
11 and provisions of this Act.
12 The Agency may issue general NPDES permits for discharges
13 from categories of point sources which are subject to the
14 same permit limitations and conditions. Such general permits
15 may be issued without individual applications and shall
16 conform to regulations promulgated under Section 402 of the
17 Federal Water Pollution Control Act, as now or hereafter
18 amended.
19 The Agency may include, among such conditions, effluent
20 limitations and other requirements established under this
21 Act, Board regulations, the Federal Water Pollution Control
22 Act, as now or hereafter amended, and regulations pursuant
23 thereto, and schedules for achieving compliance therewith at
24 the earliest reasonable date.
25 The Agency shall adopt filing requirements and procedures
26 which are necessary and appropriate for the issuance of NPDES
27 permits, and which are consistent with the Act or regulations
28 adopted by the Board, and with the Federal Water Pollution
29 Control Act, as now or hereafter amended, and regulations
30 pursuant thereto.
31 The Agency, subject to any conditions which may be
32 prescribed by Board regulations, may issue NPDES permits to
33 allow discharges beyond deadlines established by this Act or
34 by regulations of the Board without the requirement of a
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1 variance, subject to the Federal Water Pollution Control Act,
2 as now or hereafter amended, and regulations pursuant
3 thereto.
4 (c) Except for those facilities owned or operated by
5 sanitary districts organized under the Metropolitan Water
6 Reclamation District Act, no permit for the development or
7 construction of a new pollution control facility may be
8 granted by the Agency unless the applicant submits proof to
9 the Agency that the location of the facility has been
10 approved by the County Board of the county if in an
11 unincorporated area, or the governing body of the
12 municipality when in an incorporated area, in which the
13 facility is to be located in accordance with Section 39.2 of
14 this Act.
15 In the event that siting approval granted pursuant to
16 Section 39.2 has been transferred to a subsequent owner or
17 operator, that subsequent owner or operator may apply to the
18 Agency for, and the Agency may grant, a development or
19 construction permit for the facility for which local siting
20 approval was granted. Upon application to the Agency for a
21 development or construction permit by that subsequent owner
22 or operator, the permit applicant shall cause written notice
23 of the permit application to be served upon the appropriate
24 county board or governing body of the municipality that
25 granted siting approval for that facility and upon any party
26 to the siting proceeding pursuant to which siting approval
27 was granted. In that event, the Agency shall conduct an
28 evaluation of the subsequent owner or operator's prior
29 experience in waste management operations in the manner
30 conducted under subsection (i) of Section 39 of this Act.
31 Beginning August 20, 1993, if the pollution control
32 facility consists of a hazardous or solid waste disposal
33 facility for which the proposed site is located in an
34 unincorporated area of a county with a population of less
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1 than 100,000 and includes all or a portion of a parcel of
2 land that was, on April 1, 1993, adjacent to a municipality
3 having a population of less than 5,000, then the local siting
4 review required under this subsection (c) in conjunction with
5 any permit applied for after that date shall be performed by
6 the governing body of that adjacent municipality rather than
7 the county board of the county in which the proposed site is
8 located; and for the purposes of that local siting review,
9 any references in this Act to the county board shall be
10 deemed to mean the governing body of that adjacent
11 municipality; provided, however, that the provisions of this
12 paragraph shall not apply to any proposed site which was, on
13 April 1, 1993, owned in whole or in part by another
14 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
20 issue an original operating permit for any portion of such
21 facility unless the applicant has submitted proof to the
22 Agency that the location of the facility has been approved by
23 the appropriate county board or municipal governing body
24 pursuant to Section 39.2 of this Act.
25 After January 1, 1994, if a solid waste disposal
26 facility, any portion for which an operating permit has been
27 issued by the Agency, has not accepted waste disposal for 5
28 or more consecutive calendars years, before that facility may
29 accept any new or additional waste for disposal, the owner
30 and operator must obtain a new operating permit under this
31 Act for that facility unless the owner and operator have
32 applied to the Agency for a permit authorizing the temporary
33 suspension of waste acceptance. The Agency may not issue a
34 new operation permit under this Act for the facility unless
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1 the applicant has submitted proof to the Agency that the
2 location of the facility has been approved or re-approved by
3 the appropriate county board or municipal governing body
4 under Section 39.2 of this Act after the facility ceased
5 accepting waste.
6 Except for those facilities owned or operated by sanitary
7 districts organized under the Metropolitan Water Reclamation
8 District Act, and except for new pollution control facilities
9 governed by Section 39.2, and except for fossil fuel mining
10 facilities, the granting of a permit under this Act shall not
11 relieve the applicant from meeting and securing all necessary
12 zoning approvals from the unit of government having zoning
13 jurisdiction over the proposed facility.
14 Before beginning construction on any new sewage treatment
15 plant or sludge drying site to be owned or operated by a
16 sanitary district organized under the Metropolitan Water
17 Reclamation District Act for which a new permit (rather than
18 the renewal or amendment of an existing permit) is required,
19 such sanitary district shall hold a public hearing within the
20 municipality within which the proposed facility is to be
21 located, or within the nearest community if the proposed
22 facility is to be located within an unincorporated area, at
23 which information concerning the proposed facility shall be
24 made available to the public, and members of the public shall
25 be given the opportunity to express their views concerning
26 the proposed facility.
27 The Agency may issue a permit for a municipal waste
28 transfer station without requiring approval pursuant to
29 Section 39.2 provided that the following demonstration is
30 made:
31 (1) the municipal waste transfer station was in
32 existence on or before January 1, 1979 and was in
33 continuous operation from January 1, 1979 to January 1,
34 1993;
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1 (2) the operator submitted a permit application to
2 the Agency to develop and operate the municipal waste
3 transfer station during April of 1994;
4 (3) the operator can demonstrate that the county
5 board of the county, if the municipal waste transfer
6 station is in an unincorporated area, or the governing
7 body of the municipality, if the station is in an
8 incorporated area, does not object to resumption of the
9 operation of the station; and
10 (4) the site has local zoning approval.
11 (d) The Agency may issue RCRA permits exclusively under
12 this subsection to persons owning or operating a facility for
13 the treatment, storage, or disposal of hazardous waste as
14 defined under this Act.
15 All RCRA permits shall contain those terms and
16 conditions, including but not limited to schedules of
17 compliance, which may be required to accomplish the purposes
18 and provisions of this Act. The Agency may include among
19 such conditions standards and other requirements established
20 under this Act, Board regulations, the Resource Conservation
21 and Recovery Act of 1976 (P.L. 94-580), as amended, and
22 regulations pursuant thereto, and may include schedules for
23 achieving compliance therewith as soon as possible. The
24 Agency shall require that a performance bond or other
25 security be provided as a condition for the issuance of a
26 RCRA permit.
27 In the case of a permit to operate a hazardous waste or
28 PCB incinerator as defined in subsection (k) of Section 44,
29 the Agency shall require, as a condition of the permit, that
30 the operator of the facility perform such analyses of the
31 waste to be incinerated as may be necessary and appropriate
32 to ensure the safe operation of the incinerator.
33 The Agency shall adopt filing requirements and procedures
34 which are necessary and appropriate for the issuance of RCRA
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1 permits, and which are consistent with the Act or regulations
2 adopted by the Board, and with the Resource Conservation and
3 Recovery Act of 1976 (P.L. 94-580), as amended, and
4 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
8 of trade secrets, at the office of the county board or
9 governing body of the municipality. Such documents may be
10 copied upon payment of the actual cost of reproduction during
11 regular business hours of the local office. The Agency shall
12 issue a written statement concurrent with its grant or denial
13 of the permit explaining the basis for its decision.
14 (e) The Agency may issue UIC permits exclusively under
15 this subsection to persons owning or operating a facility for
16 the underground injection of contaminants as defined under
17 this Act.
18 All UIC permits shall contain those terms and conditions,
19 including but not limited to schedules of compliance, which
20 may be required to accomplish the purposes and provisions of
21 this Act. The Agency may include among such conditions
22 standards and other requirements established under this Act,
23 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
24 as amended, and regulations pursuant thereto, and may include
25 schedules for achieving compliance therewith. The Agency
26 shall require that a performance bond or other security be
27 provided as a condition for the issuance of a UIC permit.
28 The Agency shall adopt filing requirements and procedures
29 which are necessary and appropriate for the issuance of UIC
30 permits, and which are consistent with the Act or regulations
31 adopted by the Board, and with the Safe Drinking Water Act
32 (P.L. 93-523), as amended, and regulations pursuant thereto.
33 The applicant shall make available to the public for
34 inspection, all documents submitted by the applicant to the
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1 Agency in furtherance of an application, with the exception
2 of trade secrets, at the office of the county board or
3 governing body of the municipality. Such documents may be
4 copied upon payment of the actual cost of reproduction during
5 regular business hours of the local office. The Agency shall
6 issue a written statement concurrent with its grant or denial
7 of the permit explaining the basis for its decision.
8 (f) In making any determination pursuant to Section 9.1
9 of this Act:
10 (1) The Agency shall have authority to make the
11 determination of any question required to be determined
12 by the Clean Air Act, as now or hereafter amended, this
13 Act, or the regulations of the Board, including the
14 determination of the Lowest Achievable Emission Rate,
15 Maximum Achievable Control Technology, or Best Available
16 Control Technology, consistent with the Board's
17 regulations, if any.
18 (2) The Agency shall, after conferring with the
19 applicant, give written notice to the applicant of its
20 proposed decision on the application including the terms
21 and conditions of the permit to be issued and the facts,
22 conduct or other basis upon which the Agency will rely to
23 support its proposed action.
24 (3) Following such notice, the Agency shall give
25 the applicant an opportunity for a hearing in accordance
26 with the provisions of Sections 10-25 through 10-60 of
27 the Illinois Administrative Procedure Act.
28 (g) The Agency shall include as conditions upon all
29 permits issued for hazardous waste disposal sites such
30 restrictions upon the future use of such sites as are
31 reasonably necessary to protect public health and the
32 environment, including permanent prohibition of the use of
33 such sites for purposes which may create an unreasonable risk
34 of injury to human health or to the environment. After
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1 administrative and judicial challenges to such restrictions
2 have been exhausted, the Agency shall file such restrictions
3 of record in the Office of the Recorder of the county in
4 which the hazardous waste disposal site is located.
5 (h) A hazardous waste stream may not be deposited in a
6 permitted hazardous waste site unless specific authorization
7 is obtained from the Agency by the generator and disposal
8 site owner and operator for the deposit of that specific
9 hazardous waste stream. The Agency may grant specific
10 authorization for disposal of hazardous waste streams only
11 after the generator has reasonably demonstrated that,
12 considering technological feasibility and economic
13 reasonableness, the hazardous waste cannot be reasonably
14 recycled for reuse, nor incinerated or chemically, physically
15 or biologically treated so as to neutralize the hazardous
16 waste and render it nonhazardous. In granting authorization
17 under this Section, the Agency may impose such conditions as
18 may be necessary to accomplish the purposes of the Act and
19 are consistent with this Act and regulations promulgated by
20 the Board hereunder. If the Agency refuses to grant
21 authorization under this Section, the applicant may appeal as
22 if the Agency refused to grant a permit, pursuant to the
23 provisions of subsection (a) of Section 40 of this Act. For
24 purposes of this subsection (h), the term "generator" has the
25 meaning given in Section 3.12 of this Act, unless: (1) the
26 hazardous waste is treated, incinerated, or partially
27 recycled for reuse prior to disposal, in which case the last
28 person who treats, incinerates, or partially recycles the
29 hazardous waste prior to disposal is the generator; or (2)
30 the hazardous waste is from a response action, in which case
31 the person performing the response action is the generator.
32 This subsection (h) does not apply to any hazardous waste
33 that is restricted from land disposal under 35 Ill. Adm. Code
34 728.
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1 (i) Before issuing any RCRA permit or any permit for a
2 waste storage site, sanitary landfill, waste disposal site,
3 waste transfer station, waste treatment facility, waste
4 incinerator, or the conduct of any waste-transportation or
5 waste-disposal operation, the Agency shall conduct an
6 evaluation of the prospective owner's or operator's prior
7 experience in waste management operations. The Agency may
8 deny such a permit if the prospective owner or operator or
9 any employee or officer of the prospective owner or operator
10 has a history of:
11 (1) repeated violations of federal, State, or local
12 laws, regulations, standards, or ordinances in the
13 operation of waste management refuse disposal facilities
14 or sites; or
15 (2) conviction in this or another State of any
16 crime which is a felony under the laws of this State, or
17 conviction of a felony in a federal court; or
18 (3) proof of gross carelessness or incompetence in
19 handling, storing, processing, transporting or disposing
20 of any hazardous waste.
21 (j) The issuance under this Act of a permit to engage in
22 the surface mining of any resources other than fossil fuels
23 shall not relieve the permittee from its duty to comply with
24 any applicable local law regulating the commencement,
25 location or operation of surface mining facilities.
26 (k) A development permit issued under subsection (a) of
27 Section 39 for any facility or site which is required to have
28 a permit under subsection (d) of Section 21 shall expire at
29 the end of 2 calendar years from the date upon which it was
30 issued, unless within that period the applicant has taken
31 action to develop the facility or the site. In the event that
32 review of the conditions of the development permit is sought
33 pursuant to Section 40 or 41, or permittee is prevented from
34 commencing development of the facility or site by any other
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1 litigation beyond the permittee's control, such two-year
2 period shall be deemed to begin on the date upon which such
3 review process or litigation is concluded.
4 (l) No permit shall be issued by the Agency under this
5 Act for construction or operation of any facility or site
6 located within the boundaries of any setback zone established
7 pursuant to this Act, where such construction or operation is
8 prohibited.
9 (m) The Agency may issue permits to persons owning or
10 operating a facility for composting landscape waste. In
11 granting such permits, the Agency may impose such conditions
12 as may be necessary to accomplish the purposes of this Act,
13 and as are not inconsistent with applicable regulations
14 promulgated by the Board. Except as otherwise provided in
15 this Act, a bond or other security shall not be required as a
16 condition for the issuance of a permit. If the Agency denies
17 any permit pursuant to this subsection, the Agency shall
18 transmit to the applicant within the time limitations of this
19 subsection specific, detailed statements as to the reasons
20 the permit application was denied. Such statements shall
21 include but not be limited to the following:
22 (1) the Sections of this Act that may be violated
23 if the permit were granted;
24 (2) the specific regulations promulgated pursuant
25 to this Act that may be violated if the permit were
26 granted;
27 (3) the specific information, if any, the Agency
28 deems the applicant did not provide in its application to
29 the Agency; and
30 (4) a statement of specific reasons why the Act and
31 the regulations might be violated if the permit were
32 granted.
33 If no final action is taken by the Agency within 90 days
34 after the filing of the application for permit, the applicant
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1 may deem the permit issued. Any applicant for a permit may
2 waive the 90 day limitation by filing a written statement
3 with the Agency.
4 The Agency shall issue permits for such facilities upon
5 receipt of an application that includes a legal description
6 of the site, a topographic map of the site drawn to the scale
7 of 200 feet to the inch or larger, a description of the
8 operation, including the area served, an estimate of the
9 volume of materials to be processed, and documentation that:
10 (1) the facility includes a setback of at least 200
11 feet from the nearest potable water supply well;
12 (2) the facility is located outside the boundary of
13 the 10-year floodplain or the site will be floodproofed;
14 (3) the facility is located so as to minimize
15 incompatibility with the character of the surrounding
16 area, including at least a 200 foot setback from any
17 residence, and in the case of a facility that is
18 developed or the permitted composting area of which is
19 expanded after November 17, 1991, the composting area is
20 located at least 1/8 mile from the nearest residence
21 (other than a residence located on the same property as
22 the facility);
23 (4) the design of the facility will prevent any
24 compost material from being placed within 5 feet of the
25 water table, will adequately control runoff from the
26 site, and will collect and manage any leachate that is
27 generated on the site;
28 (5) the operation of the facility will include
29 appropriate dust and odor control measures, limitations
30 on operating hours, appropriate noise control measures
31 for shredding, chipping and similar equipment, management
32 procedures for composting, containment and disposal of
33 non-compostable wastes, procedures to be used for
34 terminating operations at the site, and recordkeeping
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1 sufficient to document the amount of materials received,
2 composted and otherwise disposed of; and
3 (6) the operation will be conducted in accordance
4 with any applicable rules adopted by the Board.
5 The Agency shall issue renewable permits of not longer
6 than 10 years in duration for the composting of landscape
7 wastes, as defined in Section 3.70 of this Act, based on the
8 above requirements.
9 The operator of any facility permitted under this
10 subsection (m) must submit a written annual statement to the
11 Agency on or before April 1 of each year that includes an
12 estimate of the amount of material, in tons, received for
13 composting.
14 (n) The Agency shall issue permits jointly with the
15 Department of Transportation for the dredging or deposit of
16 material in Lake Michigan in accordance with Section 18 of
17 the Rivers, Lakes, and Streams Act.
18 (o) From September 4, 1990 until December 31, 1993, no
19 permit shall be issued by the Agency for the development or
20 construction of any new facility intended to be used for the
21 incineration of any hazardous waste. This subsection shall
22 not apply to facilities intended for use for combustion of
23 potentially infectious medical waste, for use as part of a
24 State or federally designated clean-up action, or for use
25 solely for the conduct of research and the development and
26 demonstration of technologies for the incineration of
27 hazardous waste.
28 (p) (1) Any person submitting an application for a
29 permit for a new MSWLF unit or for a lateral expansion under
30 subsection (t) of Section 21 of this Act for an existing
31 MSWLF unit that has not received and is not subject to local
32 siting approval under Section 39.2 of this Act shall publish
33 notice of the application in a newspaper of general
34 circulation in the county in which the MSWLF unit is or is
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1 proposed to be located. The notice must be published at
2 least 15 days before submission of the permit application to
3 the Agency. The notice shall state the name and address of
4 the applicant, the location of the MSWLF unit or proposed
5 MSWLF unit, the nature and size of the MSWLF unit or proposed
6 MSWLF unit, the nature of the activity proposed, the probable
7 life of the proposed activity, the date the permit
8 application will be submitted, and a statement that persons
9 may file written comments with the Agency concerning the
10 permit application within 30 days after the filing of the
11 permit application unless the time period to submit comments
12 is extended by the Agency.
13 When a permit applicant submits information to the Agency
14 to supplement a permit application being reviewed by the
15 Agency, the applicant shall not be required to reissue the
16 notice under this subsection.
17 (2) The Agency shall accept written comments concerning
18 the permit application that are postmarked no later then 30
19 days after the filing of the permit application, unless the
20 time period to accept comments is extended by the Agency.
21 (3) Each applicant for a permit described in part (1) of
22 this subsection shall file a copy of the permit application
23 with the county board or governing body of the municipality
24 in which the MSWLF unit is or is proposed to be located at
25 the same time the application is submitted to the Agency.
26 The permit application filed with the county board or
27 governing body of the municipality shall include all
28 documents submitted to or to be submitted to the Agency,
29 except trade secrets as determined under Section 7.1 of this
30 Act. The permit application and other documents on file with
31 the county board or governing body of the municipality shall
32 be made available for public inspection during regular
33 business hours at the office of the county board or the
34 governing body of the municipality and may be copied upon
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1 payment of the actual cost of reproduction.
2 (Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464; 88-496;
3 88-670, eff. 12-2-94; 88-681, eff. 12-22-94; 89-487, eff.
4 6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)
5 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
6 Sec. 39.2. Local siting approval.
7 (a) The county board of the county or the governing body
8 of the municipality, as determined by paragraph (c) of
9 Section 39 of this Act, shall approve or disapprove the
10 request for local siting approval for each pollution control
11 facility which is subject to such review. An applicant for
12 local siting approval shall submit sufficient details
13 describing the proposed facility to demonstrate compliance,
14 and local siting approval shall be granted only if the
15 proposed facility meets the following criteria:
16 (i) the facility is necessary to accommodate the
17 waste needs of the area it is intended to serve;
18 (ii) the facility is so designed, located and
19 proposed to be operated that the public health, safety
20 and welfare will be protected;
21 (iii) the facility is located so as to minimize
22 incompatibility with the character of the surrounding
23 area and to minimize the effect on the value of the
24 surrounding property;
25 (iv) the facility is located outside the boundary
26 of the 100 year flood plain or the site is flood-proofed;
27 (v) the plan of operations for the facility is
28 designed to minimize the danger to the surrounding area
29 from fire, spills, or other operational accidents;
30 (vi) the traffic patterns to or from the facility
31 are so designed as to minimize the impact on existing
32 traffic flows;
33 (vii) if the facility will be treating, storing or
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1 disposing of hazardous waste, an emergency response plan
2 exists for the facility which includes notification,
3 containment and evacuation procedures to be used in case
4 of an accidental release;
5 (viii) if the facility is to be located in a county
6 where the county board has adopted a solid waste
7 management plan consistent with the planning requirements
8 of the Local Solid Waste Disposal Act or the Solid Waste
9 Planning and Recycling Act, the facility is consistent
10 with that plan; and
11 (ix) if the facility will be located within a
12 regulated recharge area, any applicable requirements
13 specified by the Board for such areas have been met.
14 The county board or the governing body of the
15 municipality may also consider as evidence the previous
16 operating experience and past record of convictions or
17 admissions of violations of the applicant (and any subsidiary
18 or parent corporation) in the field of solid waste management
19 when considering criteria (ii) and (v) under this Section.
20 (b) No later than 14 days prior to a request for
21 location approval the applicant shall cause written notice of
22 such request to be served either in person or by registered
23 mail, return receipt requested, on the owners of all property
24 within the subject area not solely owned by the applicant,
25 and on the owners of all property within 250 feet in each
26 direction of the lot line of the subject property, said
27 owners being such persons or entities which appear from the
28 authentic tax records of the County in which such facility is
29 to be located; provided, that the number of all feet occupied
30 by all public roads, streets, alleys and other public ways
31 shall be excluded in computing the 250 feet requirement;
32 provided further, that in no event shall this requirement
33 exceed 400 feet, including public streets, alleys and other
34 public ways.
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1 Such written notice shall also be served upon members of
2 the General Assembly from the legislative district in which
3 the proposed facility is located and shall be published in a
4 newspaper of general circulation published in the county in
5 which the site is located.
6 Such notice shall state the name and address of the
7 applicant, the location of the proposed site, the nature and
8 size of the development, the nature of the activity proposed,
9 the probable life of the proposed activity, the date when the
10 request for site approval will be submitted, and a
11 description of the right of persons to comment on such
12 request as hereafter provided.
13 (c) An applicant shall file a copy of its request with
14 the county board of the county or the governing body of the
15 municipality in which the proposed site is located. The
16 request shall include (i) the substance of the applicant's
17 proposal and (ii) all documents, if any, submitted as of that
18 date to the Agency pertaining to the proposed facility,
19 except trade secrets as determined under Section 7.1 of this
20 Act. All such documents or other materials on file with the
21 county board or governing body of the municipality shall be
22 made available for public inspection at the office of the
23 county board or the governing body of the municipality and
24 may be copied upon payment of the actual cost of
25 reproduction.
26 Any person may file written comment with the county board
27 or governing body of the municipality concerning the
28 appropriateness of the proposed site for its intended
29 purpose. The county board or governing body of the
30 municipality shall consider any comment received or
31 postmarked not later than 30 days after the date of the last
32 public hearing.
33 (d) At least one public hearing is to be held by the
34 county board or governing body of the municipality no sooner
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1 than 90 days but no later than 120 days from receipt of the
2 request for site approval, such hearing to be preceded by
3 published notice in a newspaper of general circulation
4 published in the county of the proposed site, and notice by
5 certified mail to all members of the General Assembly from
6 the district in which the proposed site is located, to the
7 governing authority of every municipality contiguous to the
8 proposed site or contiguous to the municipality in which the
9 proposed site is to be located, and to the Agency. The public
10 hearing shall develop a record sufficient to form the basis
11 of appeal of the decision in accordance with Section 40.1 of
12 this Act. The fact that a member of the county board or
13 governing body of the municipality has publicly expressed an
14 opinion on an issue related to a site review proceeding shall
15 not preclude the member from taking part in the proceeding
16 and voting on the issue.
17 (e) Decisions of the county board or governing body of
18 the municipality are to be in writing, specifying the reasons
19 for the decision, such reasons to be in conformance with
20 subsection (a) of this Section. In granting approval for a
21 site the county board or governing body of the municipality
22 may impose such conditions as may be reasonable and necessary
23 to accomplish the purposes of this Section and as are not
24 inconsistent with regulations promulgated by the Board. Such
25 decision shall be available for public inspection at the
26 office of the county board or governing body of the
27 municipality and may be copied upon payment of the actual
28 cost of reproduction. If there is no final action by the
29 county board or governing body of the municipality within 180
30 days after the filing of the request for site approval the
31 applicant may deem the request approved.
32 At any time prior to completion by the applicant of the
33 presentation of the applicant's factual evidence and an
34 opportunity for cross-questioning by the county board or
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1 governing body of the municipality and any participants, the
2 applicant may file not more than one amended application upon
3 payment of additional fees pursuant to subsection (k); in
4 which case the time limitation for final action set forth in
5 this subsection (e) shall be extended for an additional
6 period of 90 days.
7 (e-5) Siting approval obtained pursuant to this Section
8 is transferable and may be transferred to a subsequent owner
9 or operator. In the event that siting approval has been
10 transferred to a subsequent owner or operator, that
11 subsequent owner or operator assumes and takes subject to any
12 and all conditions imposed upon the prior owner or operator
13 by the county board of the county or governing body of the
14 municipality pursuant to subsection (e). However, any such
15 conditions imposed pursuant to this Section may be modified
16 by agreement between the subsequent owner or operator and the
17 appropriate county board or governing body. Further, in the
18 event that siting approval obtained pursuant to this Section
19 has been transferred to a subsequent owner or operator, that
20 subsequent owner or operator assumes all rights and
21 obligations and takes the facility subject to any and all
22 terms and conditions of any existing host agreement between
23 the prior owner or operator and the appropriate county board
24 or governing body.
25 (f) A local siting approval granted under this Section
26 shall expire at the end of 2 calendar years from the date
27 upon which it was granted, unless the local siting approval
28 granted under this Section is for a sanitary landfill
29 operation, in which case the approval shall expire at the end
30 of 3 calendar years from the date upon which it was granted,
31 and unless within that period the applicant has made
32 application to the Agency for a permit to develop the site.
33 In the event that the local siting decision has been
34 appealed, such expiration period shall be deemed to begin on
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1 the date upon which the appeal process is concluded.
2 Except as otherwise provided in this subsection, upon the
3 expiration of a development permit under subsection (k) of
4 Section 39, any associated local siting approval granted for
5 the facility under this Section shall also expire.
6 If a first development permit for a municipal waste
7 incineration facility expires under subsection (k) of Section
8 39 after September 30, 1989 due to circumstances beyond the
9 control of the applicant, any associated local siting
10 approval granted for the facility under this Section may be
11 used to fulfill the local siting approval requirement upon
12 application for a second development permit for the same
13 site, provided that the proposal in the new application is
14 materially the same, with respect to the criteria in
15 subsection (a) of this Section, as the proposal that received
16 the original siting approval, and application for the second
17 development permit is made before January 1, 1990.
18 (g) The siting approval procedures, criteria and appeal
19 procedures provided for in this Act for new pollution control
20 facilities shall be the exclusive siting procedures and rules
21 and appeal procedures for facilities subject to such
22 procedures. Local zoning or other local land use requirements
23 shall not be applicable to such siting decisions.
24 (h) Nothing in this Section shall apply to any existing
25 or new pollution control facility located within the
26 corporate limits of a municipality with a population of over
27 1,000,000.
28 (i) The Department shall make a study of technical
29 considerations relating to the siting of new pollution
30 control facilities. Such study shall include, but need not be
31 limited to, a determination of the geologic and hydrologic
32 conditions in the State most suitable for the siting of such
33 facilities, the establishment of a data base on such
34 conditions in Illinois, and recommendations for the
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1 establishment of technical guidelines and criteria to be used
2 in making such siting decisions. The Department shall report
3 such study and recommendations to the General Assembly, the
4 Governor, the Board and the public no later than October 1,
5 1984.
6 The Board shall adopt regulations establishing the
7 geologic and hydrologic siting criteria necessary to protect
8 usable groundwater resources which are to be followed by the
9 Agency in its review of permit applications for new pollution
10 control facilities. Such regulations, insofar as they apply
11 to new pollution control facilities authorized to store,
12 treat or dispose of any hazardous waste, shall be at least as
13 stringent as the requirements of the Resource Conservation
14 and Recovery Act and any State or federal regulations adopted
15 pursuant thereto.
16 (j) Any new pollution control facility which has never
17 obtained local siting approval under the provisions of this
18 Section shall be required to obtain such approval after a
19 final decision on an appeal of a permit denial.
20 (k) A county board or governing body of a municipality
21 may charge applicants for siting review under this Section a
22 reasonable fee to cover the reasonable and necessary costs
23 incurred by such county or municipality in the siting review
24 process.
25 (l) The governing Authority as determined by subsection
26 (c) of Section 39 of this Act may request the Department of
27 Transportation to perform traffic impact studies of proposed
28 or potential locations for required pollution control
29 facilities.
30 (m) An applicant may not file a request for local siting
31 approval which is substantially the same as a request which
32 was disapproved pursuant to a finding against the applicant
33 under any of criteria (i) through (ix) of subsection (a) of
34 this Section within the preceding 2 years.
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1 (n) In any review proceeding of a decision of the county
2 board or governing body of a municipality made pursuant to
3 the local siting review process, the petitioner in the review
4 proceeding shall pay to the county or municipality the cost
5 of preparing and certifying the record of proceedings.
6 Should the petitioner in the review proceeding fail to make
7 payment, the provisions of Section 3-109 of the Code of Civil
8 Procedure shall apply.
9 In the event the petitioner is a citizens' group that
10 participated in the siting proceeding and is so located as to
11 be affected by the proposed facility, such petitioner shall
12 be exempt from paying the costs of preparing and certifying
13 the record.
14 (o) Notwithstanding any other provision of this Section,
15 a transfer station used exclusively for landscape waste,
16 where landscape waste is held no longer than 24 hours from
17 the time it was received, is not subject to the requirements
18 of local siting approval under this Section, but is subject
19 only to local zoning approval.
20 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
21 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
22 8-9-96.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.