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90_HB0767ham001
LRB9002914DPccam
1 AMENDMENT TO HOUSE BILL 767
2 AMENDMENT NO. . Amend House Bill 767 by replacing
3 the title with the following:
4 "AN ACT to amend the Environmental Protection Act by
5 changing Sections 39 and 39.2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Environmental Protection Act is amended
9 by changing Sections 39 and 39.2 as follows:
10 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
11 Sec. 39. Issuance of permits; procedures.
12 (a) When the Board has by regulation required a permit
13 for the construction, installation, or operation of any type
14 of facility, equipment, vehicle, vessel, or aircraft, the
15 applicant shall apply to the Agency for such permit and it
16 shall be the duty of the Agency to issue such a permit upon
17 proof by the applicant that the facility, equipment, vehicle,
18 vessel, or aircraft will not cause a violation of this Act or
19 of regulations hereunder. The Agency shall adopt such
20 procedures as are necessary to carry out its duties under
21 this Section. In granting permits the Agency may impose such
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1 conditions as may be necessary to accomplish the purposes of
2 this Act, and as are not inconsistent with the regulations
3 promulgated by the Board hereunder. Except as otherwise
4 provided in this Act, a bond or other security shall not be
5 required as a condition for the issuance of a permit. If the
6 Agency denies any permit under this Section, the Agency shall
7 transmit to the applicant within the time limitations of this
8 Section specific, detailed statements as to the reasons the
9 permit application was denied. Such statements shall
10 include, but not be limited to the following:
11 (i) the Sections of this Act which may be violated
12 if the permit were granted;
13 (ii) the provision of the regulations, promulgated
14 under this Act, which may be violated if the permit were
15 granted;
16 (iii) the specific type of information, if any,
17 which the Agency deems the applicant did not provide the
18 Agency; and
19 (iv) a statement of specific reasons why the Act
20 and the regulations might not be met if the permit were
21 granted.
22 If there is no final action by the Agency within 90 days
23 after the filing of the application for permit, the applicant
24 may deem the permit issued; except that this time period
25 shall be extended to 180 days when (1) notice and
26 opportunity for public hearing are required by State or
27 federal law or regulation, (2) the application which was
28 filed is for any permit to develop a landfill subject to
29 issuance pursuant to this subsection, or (3) the application
30 that was filed is for a MSWLF unit required to issue public
31 notice under subsection (p) of Section 39.
32 The Agency shall publish notice of all final permit
33 determinations for development permits for MSWLF units and
34 for significant permit modifications for lateral expansions
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1 for existing MSWLF units one time in a newspaper of general
2 circulation in the county in which the unit is or is proposed
3 to be located.
4 After January 1, 1994, operating permits issued under
5 this Section by the Agency for sources of air pollution
6 permitted to emit less than 25 tons per year of any
7 combination of regulated air pollutants, as defined in
8 Section 39.5 of this Act, shall be required to be renewed
9 only upon written request by the Agency consistent with
10 applicable provisions of this Act and regulations promulgated
11 hereunder. Such operating permits shall expire 180 days
12 after the date of such a request. The Board shall revise its
13 regulations for the existing State air pollution operating
14 permit program consistent with this provision by January 1,
15 1994.
16 (b) The Agency may issue NPDES permits exclusively under
17 this subsection for the discharge of contaminants from point
18 sources into navigable waters, all as defined in the Federal
19 Water Pollution Control Act, as now or hereafter amended,
20 within the jurisdiction of the State, or into any well.
21 All NPDES permits shall contain those terms and
22 conditions, including but not limited to schedules of
23 compliance, which may be required to accomplish the purposes
24 and provisions of this Act.
25 The Agency may issue general NPDES permits for discharges
26 from categories of point sources which are subject to the
27 same permit limitations and conditions. Such general permits
28 may be issued without individual applications and shall
29 conform to regulations promulgated under Section 402 of the
30 Federal Water Pollution Control Act, as now or hereafter
31 amended.
32 The Agency may include, among such conditions, effluent
33 limitations and other requirements established under this
34 Act, Board regulations, the Federal Water Pollution Control
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1 Act, as now or hereafter amended, and regulations pursuant
2 thereto, and schedules for achieving compliance therewith at
3 the earliest reasonable date.
4 The Agency shall adopt filing requirements and procedures
5 which are necessary and appropriate for the issuance of NPDES
6 permits, and which are consistent with the Act or regulations
7 adopted by the Board, and with the Federal Water Pollution
8 Control Act, as now or hereafter amended, and regulations
9 pursuant thereto.
10 The Agency, subject to any conditions which may be
11 prescribed by Board regulations, may issue NPDES permits to
12 allow discharges beyond deadlines established by this Act or
13 by regulations of the Board without the requirement of a
14 variance, subject to the Federal Water Pollution Control Act,
15 as now or hereafter amended, and regulations pursuant
16 thereto.
17 (c) Except for those facilities owned or operated by
18 sanitary districts organized under the Metropolitan Water
19 Reclamation District Act, no permit for the development or
20 construction of a new pollution control facility may be
21 granted by the Agency unless the applicant submits proof to
22 the Agency that the location of the facility has been
23 approved by the County Board of the county if in an
24 unincorporated area, or the governing body of the
25 municipality when in an incorporated area, in which the
26 facility is to be located in accordance with Section 39.2 of
27 this Act.
28 In the event that siting approval obtained pursuant to
29 Section 39.2 has been transferred to a subsequent owner or
30 operator, that subsequent owner or operator may apply to the
31 Agency for a development or construction permit for that
32 facility. Upon application to the Agency for a development
33 or construction permit by that subsequent owner or operator,
34 the Agency shall conduct an evaluation of the subsequent
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1 owner or operator's prior experience in waste management
2 operations in the manner conducted under subsection (i) of
3 Section 39 of this Act.
4 Beginning August 20, 1993, if the pollution control
5 facility consists of a hazardous or solid waste disposal
6 facility for which the proposed site is located in an
7 unincorporated area of a county with a population of less
8 than 100,000 and includes all or a portion of a parcel of
9 land that was, on April 1, 1993, adjacent to a municipality
10 having a population of less than 5,000, then the local siting
11 review required under this subsection (c) in conjunction with
12 any permit applied for after that date shall be performed by
13 the governing body of that adjacent municipality rather than
14 the county board of the county in which the proposed site is
15 located; and for the purposes of that local siting review,
16 any references in this Act to the county board shall be
17 deemed to mean the governing body of that adjacent
18 municipality; provided, however, that the provisions of this
19 paragraph shall not apply to any proposed site which was, on
20 April 1, 1993, owned in whole or in part by another
21 municipality.
22 In the case of a pollution control facility for which a
23 development permit was issued before November 12, 1981, if an
24 operating permit has not been issued by the Agency prior to
25 August 31, 1989 for any portion of the facility, then the
26 Agency may not issue or renew any development permit nor
27 issue an original operating permit for any portion of such
28 facility unless the applicant has submitted proof to the
29 Agency that the location of the facility has been approved by
30 the appropriate county board or municipal governing body
31 pursuant to Section 39.2 of this Act.
32 After January 1, 1994, if a solid waste disposal
33 facility, any portion for which an operating permit has been
34 issued by the Agency, has not accepted waste disposal for 5
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1 or more consecutive calendars years, before that facility may
2 accept any new or additional waste for disposal, the owner
3 and operator must obtain a new operating permit under this
4 Act for that facility unless the owner and operator have
5 applied to the Agency for a permit authorizing the temporary
6 suspension of waste acceptance. The Agency may not issue a
7 new operation permit under this Act for the facility unless
8 the applicant has submitted proof to the Agency that the
9 location of the facility has been approved or re-approved by
10 the appropriate county board or municipal governing body
11 under Section 39.2 of this Act after the facility ceased
12 accepting waste.
13 Except for those facilities owned or operated by sanitary
14 districts organized under the Metropolitan Water Reclamation
15 District Act, and except for new pollution control facilities
16 governed by Section 39.2, and except for fossil fuel mining
17 facilities, the granting of a permit under this Act shall not
18 relieve the applicant from meeting and securing all necessary
19 zoning approvals from the unit of government having zoning
20 jurisdiction over the proposed facility.
21 Before beginning construction on any new sewage treatment
22 plant or sludge drying site to be owned or operated by a
23 sanitary district organized under the Metropolitan Water
24 Reclamation District Act for which a new permit (rather than
25 the renewal or amendment of an existing permit) is required,
26 such sanitary district shall hold a public hearing within the
27 municipality within which the proposed facility is to be
28 located, or within the nearest community if the proposed
29 facility is to be located within an unincorporated area, at
30 which information concerning the proposed facility shall be
31 made available to the public, and members of the public shall
32 be given the opportunity to express their views concerning
33 the proposed facility.
34 The Agency may issue a permit for a municipal waste
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1 transfer station without requiring approval pursuant to
2 Section 39.2 provided that the following demonstration is
3 made:
4 (1) the municipal waste transfer station was in
5 existence on or before January 1, 1979 and was in
6 continuous operation from January 1, 1979 to January 1,
7 1993;
8 (2) the operator submitted a permit application to
9 the Agency to develop and operate the municipal waste
10 transfer station during April of 1994;
11 (3) the operator can demonstrate that the county
12 board of the county, if the municipal waste transfer
13 station is in an unincorporated area, or the governing
14 body of the municipality, if the station is in an
15 incorporated area, does not object to resumption of the
16 operation of the station; and
17 (4) the site has local zoning approval.
18 (d) The Agency may issue RCRA permits exclusively under
19 this subsection to persons owning or operating a facility for
20 the treatment, storage, or disposal of hazardous waste as
21 defined under this Act.
22 All RCRA permits shall contain those terms and
23 conditions, including but not limited to schedules of
24 compliance, which may be required to accomplish the purposes
25 and provisions of this Act. The Agency may include among
26 such conditions standards and other requirements established
27 under this Act, Board regulations, the Resource Conservation
28 and Recovery Act of 1976 (P.L. 94-580), as amended, and
29 regulations pursuant thereto, and may include schedules for
30 achieving compliance therewith as soon as possible. The
31 Agency shall require that a performance bond or other
32 security be provided as a condition for the issuance of a
33 RCRA permit.
34 In the case of a permit to operate a hazardous waste or
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1 PCB incinerator as defined in subsection (k) of Section 44,
2 the Agency shall require, as a condition of the permit, that
3 the operator of the facility perform such analyses of the
4 waste to be incinerated as may be necessary and appropriate
5 to ensure the safe operation of the incinerator.
6 The Agency shall adopt filing requirements and procedures
7 which are necessary and appropriate for the issuance of RCRA
8 permits, and which are consistent with the Act or regulations
9 adopted by the Board, and with the Resource Conservation and
10 Recovery Act of 1976 (P.L. 94-580), as amended, and
11 regulations pursuant thereto.
12 The applicant shall make available to the public for
13 inspection all documents submitted by the applicant to the
14 Agency in furtherance of an application, with the exception
15 of trade secrets, at the office of the county board or
16 governing body of the municipality. Such documents may be
17 copied upon payment of the actual cost of reproduction during
18 regular business hours of the local office. The Agency shall
19 issue a written statement concurrent with its grant or denial
20 of the permit explaining the basis for its decision.
21 (e) The Agency may issue UIC permits exclusively under
22 this subsection to persons owning or operating a facility for
23 the underground injection of contaminants as defined under
24 this Act.
25 All UIC permits shall contain those terms and conditions,
26 including but not limited to schedules of compliance, which
27 may be required to accomplish the purposes and provisions of
28 this Act. The Agency may include among such conditions
29 standards and other requirements established under this Act,
30 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
31 as amended, and regulations pursuant thereto, and may include
32 schedules for achieving compliance therewith. The Agency
33 shall require that a performance bond or other security be
34 provided as a condition for the issuance of a UIC permit.
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1 The Agency shall adopt filing requirements and procedures
2 which are necessary and appropriate for the issuance of UIC
3 permits, and which are consistent with the Act or regulations
4 adopted by the Board, and with the Safe Drinking Water Act
5 (P.L. 93-523), as amended, and regulations pursuant thereto.
6 The applicant shall make available to the public for
7 inspection, all documents submitted by the applicant to the
8 Agency in furtherance of an application, with the exception
9 of trade secrets, at the office of the county board or
10 governing body of the municipality. Such documents may be
11 copied upon payment of the actual cost of reproduction during
12 regular business hours of the local office. The Agency shall
13 issue a written statement concurrent with its grant or denial
14 of the permit explaining the basis for its decision.
15 (f) In making any determination pursuant to Section 9.1
16 of this Act:
17 (1) The Agency shall have authority to make the
18 determination of any question required to be determined
19 by the Clean Air Act, as now or hereafter amended, this
20 Act, or the regulations of the Board, including the
21 determination of the Lowest Achievable Emission Rate,
22 Maximum Achievable Control Technology, or Best Available
23 Control Technology, consistent with the Board's
24 regulations, if any.
25 (2) The Agency shall, after conferring with the
26 applicant, give written notice to the applicant of its
27 proposed decision on the application including the terms
28 and conditions of the permit to be issued and the facts,
29 conduct or other basis upon which the Agency will rely to
30 support its proposed action.
31 (3) Following such notice, the Agency shall give
32 the applicant an opportunity for a hearing in accordance
33 with the provisions of Sections 10-25 through 10-60 of
34 the Illinois Administrative Procedure Act.
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1 (g) The Agency shall include as conditions upon all
2 permits issued for hazardous waste disposal sites such
3 restrictions upon the future use of such sites as are
4 reasonably necessary to protect public health and the
5 environment, including permanent prohibition of the use of
6 such sites for purposes which may create an unreasonable risk
7 of injury to human health or to the environment. After
8 administrative and judicial challenges to such restrictions
9 have been exhausted, the Agency shall file such restrictions
10 of record in the Office of the Recorder of the county in
11 which the hazardous waste disposal site is located.
12 (h) A hazardous waste stream may not be deposited in a
13 permitted hazardous waste site unless specific authorization
14 is obtained from the Agency by the generator and disposal
15 site owner and operator for the deposit of that specific
16 hazardous waste stream. The Agency may grant specific
17 authorization for disposal of hazardous waste streams only
18 after the generator has reasonably demonstrated that,
19 considering technological feasibility and economic
20 reasonableness, the hazardous waste cannot be reasonably
21 recycled for reuse, nor incinerated or chemically, physically
22 or biologically treated so as to neutralize the hazardous
23 waste and render it nonhazardous. In granting authorization
24 under this Section, the Agency may impose such conditions as
25 may be necessary to accomplish the purposes of the Act and
26 are consistent with this Act and regulations promulgated by
27 the Board hereunder. If the Agency refuses to grant
28 authorization under this Section, the applicant may appeal as
29 if the Agency refused to grant a permit, pursuant to the
30 provisions of subsection (a) of Section 40 of this Act. For
31 purposes of this subsection (h), the term "generator" has the
32 meaning given in Section 3.12 of this Act, unless: (1) the
33 hazardous waste is treated, incinerated, or partially
34 recycled for reuse prior to disposal, in which case the last
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1 person who treats, incinerates, or partially recycles the
2 hazardous waste prior to disposal is the generator; or (2)
3 the hazardous waste is from a response action, in which case
4 the person performing the response action is the generator.
5 This subsection (h) does not apply to any hazardous waste
6 that is restricted from land disposal under 35 Ill. Adm. Code
7 728.
8 (i) Before issuing any RCRA permit or any permit for the
9 conduct of any waste-transportation, or waste-disposal,
10 waste-transfer, or waste-incineration operation, the Agency
11 shall conduct an evaluation of the prospective operator's
12 prior experience in waste management operations. The Agency
13 may deny such a permit if the prospective operator or any
14 employee or officer of the prospective operator has a history
15 of:
16 (1) repeated violations of federal, State, or local
17 laws, regulations, standards, or ordinances in the
18 operation of refuse disposal facilities or sites; or
19 (2) conviction in this or another State of any
20 crime which is a felony under the laws of this State, or
21 conviction of a felony in a federal court; or
22 (3) proof of gross carelessness or incompetence in
23 handling, storing, processing, transporting or disposing
24 of any hazardous waste.
25 (j) The issuance under this Act of a permit to engage in
26 the surface mining of any resources other than fossil fuels
27 shall not relieve the permittee from its duty to comply with
28 any applicable local law regulating the commencement,
29 location or operation of surface mining facilities.
30 (k) A development permit issued under subsection (a) of
31 Section 39 for any facility or site which is required to have
32 a permit under subsection (d) of Section 21 shall expire at
33 the end of 2 calendar years from the date upon which it was
34 issued, unless within that period the applicant has taken
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1 action to develop the facility or the site. In the event that
2 review of the conditions of the development permit is sought
3 pursuant to Section 40 or 41, or permittee is prevented from
4 commencing development of the facility or site by any other
5 litigation beyond the permittee's control, such two-year
6 period shall be deemed to begin on the date upon which such
7 review process or litigation is concluded.
8 (l) No permit shall be issued by the Agency under this
9 Act for construction or operation of any facility or site
10 located within the boundaries of any setback zone established
11 pursuant to this Act, where such construction or operation is
12 prohibited.
13 (m) The Agency may issue permits to persons owning or
14 operating a facility for composting landscape waste. In
15 granting such permits, the Agency may impose such conditions
16 as may be necessary to accomplish the purposes of this Act,
17 and as are not inconsistent with applicable regulations
18 promulgated by the Board. Except as otherwise provided in
19 this Act, a bond or other security shall not be required as a
20 condition for the issuance of a permit. If the Agency denies
21 any permit pursuant to this subsection, the Agency shall
22 transmit to the applicant within the time limitations of this
23 subsection specific, detailed statements as to the reasons
24 the permit application was denied. Such statements shall
25 include but not be limited to the following:
26 (1) the Sections of this Act that may be violated
27 if the permit were granted;
28 (2) the specific regulations promulgated pursuant
29 to this Act that may be violated if the permit were
30 granted;
31 (3) the specific information, if any, the Agency
32 deems the applicant did not provide in its application to
33 the Agency; and
34 (4) a statement of specific reasons why the Act and
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1 the regulations might be violated if the permit were
2 granted.
3 If no final action is taken by the Agency within 90 days
4 after the filing of the application for permit, the applicant
5 may deem the permit issued. Any applicant for a permit may
6 waive the 90 day limitation by filing a written statement
7 with the Agency.
8 The Agency shall issue permits for such facilities upon
9 receipt of an application that includes a legal description
10 of the site, a topographic map of the site drawn to the scale
11 of 200 feet to the inch or larger, a description of the
12 operation, including the area served, an estimate of the
13 volume of materials to be processed, and documentation that:
14 (1) the facility includes a setback of at least 200
15 feet from the nearest potable water supply well;
16 (2) the facility is located outside the boundary of
17 the 10-year floodplain or the site will be floodproofed;
18 (3) the facility is located so as to minimize
19 incompatibility with the character of the surrounding
20 area, including at least a 200 foot setback from any
21 residence, and in the case of a facility that is
22 developed or the permitted composting area of which is
23 expanded after November 17, 1991, the composting area is
24 located at least 1/8 mile from the nearest residence
25 (other than a residence located on the same property as
26 the facility);
27 (4) the design of the facility will prevent any
28 compost material from being placed within 5 feet of the
29 water table, will adequately control runoff from the
30 site, and will collect and manage any leachate that is
31 generated on the site;
32 (5) the operation of the facility will include
33 appropriate dust and odor control measures, limitations
34 on operating hours, appropriate noise control measures
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1 for shredding, chipping and similar equipment, management
2 procedures for composting, containment and disposal of
3 non-compostable wastes, procedures to be used for
4 terminating operations at the site, and recordkeeping
5 sufficient to document the amount of materials received,
6 composted and otherwise disposed of; and
7 (6) the operation will be conducted in accordance
8 with any applicable rules adopted by the Board.
9 The Agency shall issue renewable permits of not longer
10 than 10 years in duration for the composting of landscape
11 wastes, as defined in Section 3.70 of this Act, based on the
12 above requirements.
13 The operator of any facility permitted under this
14 subsection (m) must submit a written annual statement to the
15 Agency on or before April 1 of each year that includes an
16 estimate of the amount of material, in tons, received for
17 composting.
18 (n) The Agency shall issue permits jointly with the
19 Department of Transportation for the dredging or deposit of
20 material in Lake Michigan in accordance with Section 18 of
21 the Rivers, Lakes, and Streams Act.
22 (o) From September 4, 1990 until December 31, 1993, no
23 permit shall be issued by the Agency for the development or
24 construction of any new facility intended to be used for the
25 incineration of any hazardous waste. This subsection shall
26 not apply to facilities intended for use for combustion of
27 potentially infectious medical waste, for use as part of a
28 State or federally designated clean-up action, or for use
29 solely for the conduct of research and the development and
30 demonstration of technologies for the incineration of
31 hazardous waste.
32 (p) (1) Any person submitting an application for a
33 permit for a new MSWLF unit or for a lateral expansion under
34 subsection (t) of Section 21 of this Act for an existing
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1 MSWLF unit that has not received and is not subject to local
2 siting approval under Section 39.2 of this Act shall publish
3 notice of the application in a newspaper of general
4 circulation in the county in which the MSWLF unit is or is
5 proposed to be located. The notice must be published at
6 least 15 days before submission of the permit application to
7 the Agency. The notice shall state the name and address of
8 the applicant, the location of the MSWLF unit or proposed
9 MSWLF unit, the nature and size of the MSWLF unit or proposed
10 MSWLF unit, the nature of the activity proposed, the probable
11 life of the proposed activity, the date the permit
12 application will be submitted, and a statement that persons
13 may file written comments with the Agency concerning the
14 permit application within 30 days after the filing of the
15 permit application unless the time period to submit comments
16 is extended by the Agency.
17 When a permit applicant submits information to the Agency
18 to supplement a permit application being reviewed by the
19 Agency, the applicant shall not be required to reissue the
20 notice under this subsection.
21 (2) The Agency shall accept written comments concerning
22 the permit application that are postmarked no later then 30
23 days after the filing of the permit application, unless the
24 time period to accept comments is extended by the Agency.
25 (3) Each applicant for a permit described in part (1) of
26 this subsection shall file a copy of the permit application
27 with the county board or governing body of the municipality
28 in which the MSWLF unit is or is proposed to be located at
29 the same time the application is submitted to the Agency.
30 The permit application filed with the county board or
31 governing body of the municipality shall include all
32 documents submitted to or to be submitted to the Agency,
33 except trade secrets as determined under Section 7.1 of this
34 Act. The permit application and other documents on file with
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1 the county board or governing body of the municipality shall
2 be made available for public inspection during regular
3 business hours at the office of the county board or the
4 governing body of the municipality and may be copied upon
5 payment of the actual cost of reproduction.
6 (Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464; 88-496;
7 88-670, eff. 12-2-94; 88-681, eff. 12-22-94; 89-487, eff.
8 6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)
9 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
10 Sec. 39.2. Local siting approval.
11 (a) The county board of the county or the governing body
12 of the municipality, as determined by paragraph (c) of
13 Section 39 of this Act, shall approve or disapprove the
14 request for local siting approval for each pollution control
15 facility which is subject to such review. An applicant for
16 local siting approval shall submit sufficient details
17 describing the proposed facility to demonstrate compliance,
18 and local siting approval shall be granted only if the
19 proposed facility meets the following criteria:
20 (i) the facility is necessary to accommodate the
21 waste needs of the area it is intended to serve;
22 (ii) the facility is so designed, located and
23 proposed to be operated that the public health, safety
24 and welfare will be protected;
25 (iii) the facility is located so as to minimize
26 incompatibility with the character of the surrounding
27 area and to minimize the effect on the value of the
28 surrounding property;
29 (iv) the facility is located outside the boundary
30 of the 100 year flood plain or the site is flood-proofed;
31 (v) the plan of operations for the facility is
32 designed to minimize the danger to the surrounding area
33 from fire, spills, or other operational accidents;
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1 (vi) the traffic patterns to or from the facility
2 are so designed as to minimize the impact on existing
3 traffic flows;
4 (vii) if the facility will be treating, storing or
5 disposing of hazardous waste, an emergency response plan
6 exists for the facility which includes notification,
7 containment and evacuation procedures to be used in case
8 of an accidental release;
9 (viii) if the facility is to be located in a county
10 where the county board has adopted a solid waste
11 management plan consistent with the planning requirements
12 of the Local Solid Waste Disposal Act or the Solid Waste
13 Planning and Recycling Act, the facility is consistent
14 with that plan; and
15 (ix) if the facility will be located within a
16 regulated recharge area, any applicable requirements
17 specified by the Board for such areas have been met.
18 The county board or the governing body of the
19 municipality may also consider as evidence the previous
20 operating experience and past record of convictions or
21 admissions of violations of the applicant (and any subsidiary
22 or parent corporation) in the field of solid waste management
23 when considering criteria (ii) and (v) under this Section.
24 (b) No later than 14 days prior to a request for
25 location approval the applicant shall cause written notice of
26 such request to be served either in person or by registered
27 mail, return receipt requested, on the owners of all property
28 within the subject area not solely owned by the applicant,
29 and on the owners of all property within 250 feet in each
30 direction of the lot line of the subject property, said
31 owners being such persons or entities which appear from the
32 authentic tax records of the County in which such facility is
33 to be located; provided, that the number of all feet occupied
34 by all public roads, streets, alleys and other public ways
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1 shall be excluded in computing the 250 feet requirement;
2 provided further, that in no event shall this requirement
3 exceed 400 feet, including public streets, alleys and other
4 public ways.
5 Such written notice shall also be served upon members of
6 the General Assembly from the legislative district in which
7 the proposed facility is located and shall be published in a
8 newspaper of general circulation published in the county in
9 which the site is located.
10 Such notice shall state the name and address of the
11 applicant, the location of the proposed site, the nature and
12 size of the development, the nature of the activity proposed,
13 the probable life of the proposed activity, the date when the
14 request for site approval will be submitted, and a
15 description of the right of persons to comment on such
16 request as hereafter provided.
17 (c) An applicant shall file a copy of its request with
18 the county board of the county or the governing body of the
19 municipality in which the proposed site is located. The
20 request shall include (i) the substance of the applicant's
21 proposal and (ii) all documents, if any, submitted as of that
22 date to the Agency pertaining to the proposed facility,
23 except trade secrets as determined under Section 7.1 of this
24 Act. All such documents or other materials on file with the
25 county board or governing body of the municipality shall be
26 made available for public inspection at the office of the
27 county board or the governing body of the municipality and
28 may be copied upon payment of the actual cost of
29 reproduction.
30 Any person may file written comment with the county board
31 or governing body of the municipality concerning the
32 appropriateness of the proposed site for its intended
33 purpose. The county board or governing body of the
34 municipality shall consider any comment received or
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1 postmarked not later than 30 days after the date of the last
2 public hearing.
3 (d) At least one public hearing is to be held by the
4 county board or governing body of the municipality no sooner
5 than 90 days but no later than 120 days from receipt of the
6 request for site approval, such hearing to be preceded by
7 published notice in a newspaper of general circulation
8 published in the county of the proposed site, and notice by
9 certified mail to all members of the General Assembly from
10 the district in which the proposed site is located, to the
11 governing authority of every municipality contiguous to the
12 proposed site or contiguous to the municipality in which the
13 proposed site is to be located, and to the Agency. The public
14 hearing shall develop a record sufficient to form the basis
15 of appeal of the decision in accordance with Section 40.1 of
16 this Act. The fact that a member of the county board or
17 governing body of the municipality has publicly expressed an
18 opinion on an issue related to a site review proceeding shall
19 not preclude the member from taking part in the proceeding
20 and voting on the issue.
21 (e) Decisions of the county board or governing body of
22 the municipality are to be in writing, specifying the reasons
23 for the decision, such reasons to be in conformance with
24 subsection (a) of this Section. In granting approval for a
25 site the county board or governing body of the municipality
26 may impose such conditions as may be reasonable and necessary
27 to accomplish the purposes of this Section and as are not
28 inconsistent with regulations promulgated by the Board. Such
29 decision shall be available for public inspection at the
30 office of the county board or governing body of the
31 municipality and may be copied upon payment of the actual
32 cost of reproduction. If there is no final action by the
33 county board or governing body of the municipality within 180
34 days after the filing of the request for site approval the
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1 applicant may deem the request approved.
2 At any time prior to completion by the applicant of the
3 presentation of the applicant's factual evidence and an
4 opportunity for cross-questioning by the county board or
5 governing body of the municipality and any participants, the
6 applicant may file not more than one amended application upon
7 payment of additional fees pursuant to subsection (k); in
8 which case the time limitation for final action set forth in
9 this subsection (e) shall be extended for an additional
10 period of 90 days.
11 (e-5) Siting approval obtained pursuant to this Section
12 is transferable and may be transferred to a subsequent owner
13 or operator. In the event that siting approval has been
14 transferred to a subsequent owner or operator, that
15 subsequent owner or operator assumes and takes subject to any
16 and all conditions imposed upon the prior owner or operator
17 by the county board of the county or governing body of the
18 municipality pursuant to subsection (e). However, any such
19 conditions imposed pursuant to this Section may be modified
20 by agreement between the subsequent owner or operator and the
21 appropriate county board or governing body. Further, in the
22 event that siting approval obtained pursuant to this Section
23 has been transferred to a subsequent owner or operator, that
24 subsequent owner or operator assumes all rights and
25 obligations and takes the facility subject to any and all
26 terms and conditions of any existing host agreement between
27 the prior owner or operator and the appropriate county board
28 or governing body.
29 (f) A local siting approval granted under this Section
30 shall expire at the end of 2 calendar years from the date
31 upon which it was granted, unless the local siting approval
32 granted under this Section is for a sanitary landfill
33 operation, in which case the approval shall expire at the end
34 of 3 calendar years from the date upon which it was granted,
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1 and unless within that period the applicant has made
2 application to the Agency for a permit to develop the site.
3 In the event that the local siting decision has been
4 appealed, such expiration period shall be deemed to begin on
5 the date upon which the appeal process is concluded.
6 Except as otherwise provided in this subsection, upon the
7 expiration of a development permit under subsection (k) of
8 Section 39, any associated local siting approval granted for
9 the facility under this Section shall also expire.
10 If a first development permit for a municipal waste
11 incineration facility expires under subsection (k) of Section
12 39 after September 30, 1989 due to circumstances beyond the
13 control of the applicant, any associated local siting
14 approval granted for the facility under this Section may be
15 used to fulfill the local siting approval requirement upon
16 application for a second development permit for the same
17 site, provided that the proposal in the new application is
18 materially the same, with respect to the criteria in
19 subsection (a) of this Section, as the proposal that received
20 the original siting approval, and application for the second
21 development permit is made before January 1, 1990.
22 (g) The siting approval procedures, criteria and appeal
23 procedures provided for in this Act for new pollution control
24 facilities shall be the exclusive siting procedures and rules
25 and appeal procedures for facilities subject to such
26 procedures. Local zoning or other local land use requirements
27 shall not be applicable to such siting decisions.
28 (h) Nothing in this Section shall apply to any existing
29 or new pollution control facility located within the
30 corporate limits of a municipality with a population of over
31 1,000,000.
32 (i) The Department shall make a study of technical
33 considerations relating to the siting of new pollution
34 control facilities. Such study shall include, but need not be
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1 limited to, a determination of the geologic and hydrologic
2 conditions in the State most suitable for the siting of such
3 facilities, the establishment of a data base on such
4 conditions in Illinois, and recommendations for the
5 establishment of technical guidelines and criteria to be used
6 in making such siting decisions. The Department shall report
7 such study and recommendations to the General Assembly, the
8 Governor, the Board and the public no later than October 1,
9 1984.
10 The Board shall adopt regulations establishing the
11 geologic and hydrologic siting criteria necessary to protect
12 usable groundwater resources which are to be followed by the
13 Agency in its review of permit applications for new pollution
14 control facilities. Such regulations, insofar as they apply
15 to new pollution control facilities authorized to store,
16 treat or dispose of any hazardous waste, shall be at least as
17 stringent as the requirements of the Resource Conservation
18 and Recovery Act and any State or federal regulations adopted
19 pursuant thereto.
20 (j) Any new pollution control facility which has never
21 obtained local siting approval under the provisions of this
22 Section shall be required to obtain such approval after a
23 final decision on an appeal of a permit denial.
24 (k) A county board or governing body of a municipality
25 may charge applicants for siting review under this Section a
26 reasonable fee to cover the reasonable and necessary costs
27 incurred by such county or municipality in the siting review
28 process.
29 (l) The governing Authority as determined by subsection
30 (c) of Section 39 of this Act may request the Department of
31 Transportation to perform traffic impact studies of proposed
32 or potential locations for required pollution control
33 facilities.
34 (m) An applicant may not file a request for local siting
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1 approval which is substantially the same as a request which
2 was disapproved pursuant to a finding against the applicant
3 under any of criteria (i) through (ix) of subsection (a) of
4 this Section within the preceding 2 years.
5 (n) In any review proceeding of a decision of the county
6 board or governing body of a municipality made pursuant to
7 the local siting review process, the petitioner in the review
8 proceeding shall pay to the county or municipality the cost
9 of preparing and certifying the record of proceedings.
10 Should the petitioner in the review proceeding fail to make
11 payment, the provisions of Section 3-109 of the Code of Civil
12 Procedure shall apply.
13 In the event the petitioner is a citizens' group that
14 participated in the siting proceeding and is so located as to
15 be affected by the proposed facility, such petitioner shall
16 be exempt from paying the costs of preparing and certifying
17 the record.
18 (o) Notwithstanding any other provision of this Section,
19 a transfer station used exclusively for landscape waste,
20 where landscape waste is held no longer than 24 hours from
21 the time it was received, is not subject to the requirements
22 of local siting approval under this Section, but is subject
23 only to local zoning approval.
24 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
25 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
26 8-9-96.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".