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90_HB1398
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
Amends the Environmental Protection Act to make a
technical change.
LRB9004522DPcc
LRB9004522DPcc
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 39.
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 Section 39 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 a any permit under this Section, the Agency
25 shall transmit to the applicant within the time limitations
26 of this Section specific, detailed statements as to the
27 reasons the permit application was denied. Such statements
28 shall 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 Beginning August 20, 1993, if the pollution control
16 facility consists of a hazardous or solid waste disposal
17 facility for which the proposed site is located in an
18 unincorporated area of a county with a population of less
19 than 100,000 and includes all or a portion of a parcel of
20 land that was, on April 1, 1993, adjacent to a municipality
21 having a population of less than 5,000, then the local siting
22 review required under this subsection (c) in conjunction with
23 any permit applied for after that date shall be performed by
24 the governing body of that adjacent municipality rather than
25 the county board of the county in which the proposed site is
26 located; and for the purposes of that local siting review,
27 any references in this Act to the county board shall be
28 deemed to mean the governing body of that adjacent
29 municipality; provided, however, that the provisions of this
30 paragraph shall not apply to any proposed site which was, on
31 April 1, 1993, owned in whole or in part by another
32 municipality.
33 In the case of a pollution control facility for which a
34 development permit was issued before November 12, 1981, if an
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1 operating permit has not been issued by the Agency prior to
2 August 31, 1989 for any portion of the facility, then the
3 Agency may not issue or renew any development permit nor
4 issue an original operating permit for any portion of such
5 facility unless the applicant has submitted proof to the
6 Agency that the location of the facility has been approved by
7 the appropriate county board or municipal governing body
8 pursuant to Section 39.2 of this Act.
9 After January 1, 1994, if a solid waste disposal
10 facility, any portion for which an operating permit has been
11 issued by the Agency, has not accepted waste disposal for 5
12 or more consecutive calendars years, before that facility may
13 accept any new or additional waste for disposal, the owner
14 and operator must obtain a new operating permit under this
15 Act for that facility unless the owner and operator have
16 applied to the Agency for a permit authorizing the temporary
17 suspension of waste acceptance. The Agency may not issue a
18 new operation permit under this Act for the facility unless
19 the applicant has submitted proof to the Agency that the
20 location of the facility has been approved or re-approved by
21 the appropriate county board or municipal governing body
22 under Section 39.2 of this Act after the facility ceased
23 accepting waste.
24 Except for those facilities owned or operated by sanitary
25 districts organized under the Metropolitan Water Reclamation
26 District Act, and except for new pollution control facilities
27 governed by Section 39.2, and except for fossil fuel mining
28 facilities, the granting of a permit under this Act shall not
29 relieve the applicant from meeting and securing all necessary
30 zoning approvals from the unit of government having zoning
31 jurisdiction over the proposed facility.
32 Before beginning construction on any new sewage treatment
33 plant or sludge drying site to be owned or operated by a
34 sanitary district organized under the Metropolitan Water
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1 Reclamation District Act for which a new permit (rather than
2 the renewal or amendment of an existing permit) is required,
3 such sanitary district shall hold a public hearing within the
4 municipality within which the proposed facility is to be
5 located, or within the nearest community if the proposed
6 facility is to be located within an unincorporated area, at
7 which information concerning the proposed facility shall be
8 made available to the public, and members of the public shall
9 be given the opportunity to express their views concerning
10 the proposed facility.
11 The Agency may issue a permit for a municipal waste
12 transfer station without requiring approval pursuant to
13 Section 39.2 provided that the following demonstration is
14 made:
15 (1) the municipal waste transfer station was in
16 existence on or before January 1, 1979 and was in
17 continuous operation from January 1, 1979 to January 1,
18 1993;
19 (2) the operator submitted a permit application to
20 the Agency to develop and operate the municipal waste
21 transfer station during April of 1994;
22 (3) the operator can demonstrate that the county
23 board of the county, if the municipal waste transfer
24 station is in an unincorporated area, or the governing
25 body of the municipality, if the station is in an
26 incorporated area, does not object to resumption of the
27 operation of the station; and
28 (4) the site has local zoning approval.
29 (d) The Agency may issue RCRA permits exclusively under
30 this subsection to persons owning or operating a facility for
31 the treatment, storage, or disposal of hazardous waste as
32 defined under this Act.
33 All RCRA permits shall contain those terms and
34 conditions, including but not limited to schedules of
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1 compliance, which may be required to accomplish the purposes
2 and provisions of this Act. The Agency may include among
3 such conditions standards and other requirements established
4 under this Act, Board regulations, the Resource Conservation
5 and Recovery Act of 1976 (P.L. 94-580), as amended, and
6 regulations pursuant thereto, and may include schedules for
7 achieving compliance therewith as soon as possible. The
8 Agency shall require that a performance bond or other
9 security be provided as a condition for the issuance of a
10 RCRA permit.
11 In the case of a permit to operate a hazardous waste or
12 PCB incinerator as defined in subsection (k) of Section 44,
13 the Agency shall require, as a condition of the permit, that
14 the operator of the facility perform such analyses of the
15 waste to be incinerated as may be necessary and appropriate
16 to ensure the safe operation of the incinerator.
17 The Agency shall adopt filing requirements and procedures
18 which are necessary and appropriate for the issuance of RCRA
19 permits, and which are consistent with the Act or regulations
20 adopted by the Board, and with the Resource Conservation and
21 Recovery Act of 1976 (P.L. 94-580), as amended, and
22 regulations pursuant thereto.
23 The applicant shall make available to the public for
24 inspection all documents submitted by the applicant to the
25 Agency in furtherance of an application, with the exception
26 of trade secrets, at the office of the county board or
27 governing body of the municipality. Such documents may be
28 copied upon payment of the actual cost of reproduction during
29 regular business hours of the local office. The Agency shall
30 issue a written statement concurrent with its grant or denial
31 of the permit explaining the basis for its decision.
32 (e) The Agency may issue UIC permits exclusively under
33 this subsection to persons owning or operating a facility for
34 the underground injection of contaminants as defined under
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1 this Act.
2 All UIC permits shall contain those terms and conditions,
3 including but not limited to schedules of compliance, which
4 may be required to accomplish the purposes and provisions of
5 this Act. The Agency may include among such conditions
6 standards and other requirements established under this Act,
7 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
8 as amended, and regulations pursuant thereto, and may include
9 schedules for achieving compliance therewith. The Agency
10 shall require that a performance bond or other security be
11 provided as a condition for the issuance of a UIC permit.
12 The Agency shall adopt filing requirements and procedures
13 which are necessary and appropriate for the issuance of UIC
14 permits, and which are consistent with the Act or regulations
15 adopted by the Board, and with the Safe Drinking Water Act
16 (P.L. 93-523), as amended, and regulations pursuant thereto.
17 The applicant shall make available to the public for
18 inspection, all documents submitted by the applicant to the
19 Agency in furtherance of an application, with the exception
20 of trade secrets, at the office of the county board or
21 governing body of the municipality. Such documents may be
22 copied upon payment of the actual cost of reproduction during
23 regular business hours of the local office. The Agency shall
24 issue a written statement concurrent with its grant or denial
25 of the permit explaining the basis for its decision.
26 (f) In making any determination pursuant to Section 9.1
27 of this Act:
28 (1) The Agency shall have authority to make the
29 determination of any question required to be determined
30 by the Clean Air Act, as now or hereafter amended, this
31 Act, or the regulations of the Board, including the
32 determination of the Lowest Achievable Emission Rate,
33 Maximum Achievable Control Technology, or Best Available
34 Control Technology, consistent with the Board's
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1 regulations, if any.
2 (2) The Agency shall, after conferring with the
3 applicant, give written notice to the applicant of its
4 proposed decision on the application including the terms
5 and conditions of the permit to be issued and the facts,
6 conduct or other basis upon which the Agency will rely to
7 support its proposed action.
8 (3) Following such notice, the Agency shall give
9 the applicant an opportunity for a hearing in accordance
10 with the provisions of Sections 10-25 through 10-60 of
11 the Illinois Administrative Procedure Act.
12 (g) The Agency shall include as conditions upon all
13 permits issued for hazardous waste disposal sites such
14 restrictions upon the future use of such sites as are
15 reasonably necessary to protect public health and the
16 environment, including permanent prohibition of the use of
17 such sites for purposes which may create an unreasonable risk
18 of injury to human health or to the environment. After
19 administrative and judicial challenges to such restrictions
20 have been exhausted, the Agency shall file such restrictions
21 of record in the Office of the Recorder of the county in
22 which the hazardous waste disposal site is located.
23 (h) A hazardous waste stream may not be deposited in a
24 permitted hazardous waste site unless specific authorization
25 is obtained from the Agency by the generator and disposal
26 site owner and operator for the deposit of that specific
27 hazardous waste stream. The Agency may grant specific
28 authorization for disposal of hazardous waste streams only
29 after the generator has reasonably demonstrated that,
30 considering technological feasibility and economic
31 reasonableness, the hazardous waste cannot be reasonably
32 recycled for reuse, nor incinerated or chemically, physically
33 or biologically treated so as to neutralize the hazardous
34 waste and render it nonhazardous. In granting authorization
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1 under this Section, the Agency may impose such conditions as
2 may be necessary to accomplish the purposes of the Act and
3 are consistent with this Act and regulations promulgated by
4 the Board hereunder. If the Agency refuses to grant
5 authorization under this Section, the applicant may appeal as
6 if the Agency refused to grant a permit, pursuant to the
7 provisions of subsection (a) of Section 40 of this Act. For
8 purposes of this subsection (h), the term "generator" has the
9 meaning given in Section 3.12 of this Act, unless: (1) the
10 hazardous waste is treated, incinerated, or partially
11 recycled for reuse prior to disposal, in which case the last
12 person who treats, incinerates, or partially recycles the
13 hazardous waste prior to disposal is the generator; or (2)
14 the hazardous waste is from a response action, in which case
15 the person performing the response action is the generator.
16 This subsection (h) does not apply to any hazardous waste
17 that is restricted from land disposal under 35 Ill. Adm. Code
18 728.
19 (i) Before issuing any RCRA permit or any permit for the
20 conduct of any waste-transportation or waste-disposal
21 operation, the Agency shall conduct an evaluation of the
22 prospective operator's prior experience in waste management
23 operations. The Agency may deny such a permit if the
24 prospective operator or any employee or officer of the
25 prospective operator has a history of:
26 (1) repeated violations of federal, State, or local
27 laws, regulations, standards, or ordinances in the
28 operation of refuse disposal facilities or sites; or
29 (2) conviction in this or another State of any
30 crime which is a felony under the laws of this State, or
31 conviction of a felony in a federal court; or
32 (3) proof of gross carelessness or incompetence in
33 handling, storing, processing, transporting or disposing
34 of any hazardous waste.
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1 (j) The issuance under this Act of a permit to engage in
2 the surface mining of any resources other than fossil fuels
3 shall not relieve the permittee from its duty to comply with
4 any applicable local law regulating the commencement,
5 location or operation of surface mining facilities.
6 (k) A development permit issued under subsection (a) of
7 Section 39 for any facility or site which is required to have
8 a permit under subsection (d) of Section 21 shall expire at
9 the end of 2 calendar years from the date upon which it was
10 issued, unless within that period the applicant has taken
11 action to develop the facility or the site. In the event that
12 review of the conditions of the development permit is sought
13 pursuant to Section 40 or 41, or permittee is prevented from
14 commencing development of the facility or site by any other
15 litigation beyond the permittee's control, such two-year
16 period shall be deemed to begin on the date upon which such
17 review process or litigation is concluded.
18 (l) No permit shall be issued by the Agency under this
19 Act for construction or operation of any facility or site
20 located within the boundaries of any setback zone established
21 pursuant to this Act, where such construction or operation is
22 prohibited.
23 (m) The Agency may issue permits to persons owning or
24 operating a facility for composting landscape waste. In
25 granting such permits, the Agency may impose such conditions
26 as may be necessary to accomplish the purposes of this Act,
27 and as are not inconsistent with applicable regulations
28 promulgated by the Board. Except as otherwise provided in
29 this Act, a bond or other security shall not be required as a
30 condition for the issuance of a permit. If the Agency denies
31 any permit pursuant to this subsection, the Agency shall
32 transmit to the applicant within the time limitations of this
33 subsection specific, detailed statements as to the reasons
34 the permit application was denied. Such statements shall
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1 include but not be limited to the following:
2 (1) the Sections of this Act that may be violated
3 if the permit were granted;
4 (2) the specific regulations promulgated pursuant
5 to this Act that may be violated if the permit were
6 granted;
7 (3) the specific information, if any, the Agency
8 deems the applicant did not provide in its application to
9 the Agency; and
10 (4) a statement of specific reasons why the Act and
11 the regulations might be violated if the permit were
12 granted.
13 If no final action is taken by the Agency within 90 days
14 after the filing of the application for permit, the applicant
15 may deem the permit issued. Any applicant for a permit may
16 waive the 90 day limitation by filing a written statement
17 with the Agency.
18 The Agency shall issue permits for such facilities upon
19 receipt of an application that includes a legal description
20 of the site, a topographic map of the site drawn to the scale
21 of 200 feet to the inch or larger, a description of the
22 operation, including the area served, an estimate of the
23 volume of materials to be processed, and documentation that:
24 (1) the facility includes a setback of at least 200
25 feet from the nearest potable water supply well;
26 (2) the facility is located outside the boundary of
27 the 10-year floodplain or the site will be floodproofed;
28 (3) the facility is located so as to minimize
29 incompatibility with the character of the surrounding
30 area, including at least a 200 foot setback from any
31 residence, and in the case of a facility that is
32 developed or the permitted composting area of which is
33 expanded after November 17, 1991, the composting area is
34 located at least 1/8 mile from the nearest residence
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1 (other than a residence located on the same property as
2 the facility);
3 (4) the design of the facility will prevent any
4 compost material from being placed within 5 feet of the
5 water table, will adequately control runoff from the
6 site, and will collect and manage any leachate that is
7 generated on the site;
8 (5) the operation of the facility will include
9 appropriate dust and odor control measures, limitations
10 on operating hours, appropriate noise control measures
11 for shredding, chipping and similar equipment, management
12 procedures for composting, containment and disposal of
13 non-compostable wastes, procedures to be used for
14 terminating operations at the site, and recordkeeping
15 sufficient to document the amount of materials received,
16 composted and otherwise disposed of; and
17 (6) the operation will be conducted in accordance
18 with any applicable rules adopted by the Board.
19 The Agency shall issue renewable permits of not longer
20 than 10 years in duration for the composting of landscape
21 wastes, as defined in Section 3.70 of this Act, based on the
22 above requirements.
23 The operator of any facility permitted under this
24 subsection (m) must submit a written annual statement to the
25 Agency on or before April 1 of each year that includes an
26 estimate of the amount of material, in tons, received for
27 composting.
28 (n) The Agency shall issue permits jointly with the
29 Department of Transportation for the dredging or deposit of
30 material in Lake Michigan in accordance with Section 18 of
31 the Rivers, Lakes, and Streams Act.
32 (o) From September 4, 1990 until December 31, 1993, no
33 permit shall be issued by the Agency for the development or
34 construction of any new facility intended to be used for the
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1 incineration of any hazardous waste. This subsection shall
2 not apply to facilities intended for use for combustion of
3 potentially infectious medical waste, for use as part of a
4 State or federally designated clean-up action, or for use
5 solely for the conduct of research and the development and
6 demonstration of technologies for the incineration of
7 hazardous waste.
8 (p) (1) Any person submitting an application for a
9 permit for a new MSWLF unit or for a lateral expansion under
10 subsection (t) of Section 21 of this Act for an existing
11 MSWLF unit that has not received and is not subject to local
12 siting approval under Section 39.2 of this Act shall publish
13 notice of the application in a newspaper of general
14 circulation in the county in which the MSWLF unit is or is
15 proposed to be located. The notice must be published at
16 least 15 days before submission of the permit application to
17 the Agency. The notice shall state the name and address of
18 the applicant, the location of the MSWLF unit or proposed
19 MSWLF unit, the nature and size of the MSWLF unit or proposed
20 MSWLF unit, the nature of the activity proposed, the probable
21 life of the proposed activity, the date the permit
22 application will be submitted, and a statement that persons
23 may file written comments with the Agency concerning the
24 permit application within 30 days after the filing of the
25 permit application unless the time period to submit comments
26 is extended by the Agency.
27 When a permit applicant submits information to the Agency
28 to supplement a permit application being reviewed by the
29 Agency, the applicant shall not be required to reissue the
30 notice under this subsection.
31 (2) The Agency shall accept written comments concerning
32 the permit application that are postmarked no later then 30
33 days after the filing of the permit application, unless the
34 time period to accept comments is extended by the Agency.
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1 (3) Each applicant for a permit described in part (1) of
2 this subsection shall file a copy of the permit application
3 with the county board or governing body of the municipality
4 in which the MSWLF unit is or is proposed to be located at
5 the same time the application is submitted to the Agency.
6 The permit application filed with the county board or
7 governing body of the municipality shall include all
8 documents submitted to or to be submitted to the Agency,
9 except trade secrets as determined under Section 7.1 of this
10 Act. The permit application and other documents on file with
11 the county board or governing body of the municipality shall
12 be made available for public inspection during regular
13 business hours at the office of the county board or the
14 governing body of the municipality and may be copied upon
15 payment of the actual cost of reproduction.
16 (Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464; 88-496;
17 88-670, eff. 12-2-94; 88-681, eff. 12-22-94; 89-487, eff.
18 6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)