State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ][ Conference Committee Report 002 ]

90_HB1887

      415 ILCS 5/39             from Ch. 111 1/2, par. 1039
          Amends  the  Environmental  Protection  Act  to  make   a
      technical change.
                                                     LRB9003896DPmg
                                               LRB9003896DPmg
 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 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
                            -2-                LRB9003896DPmg
 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
                            -3-                LRB9003896DPmg
 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
                            -4-                LRB9003896DPmg
 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
                            -6-                LRB9003896DPmg
 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
                            -7-                LRB9003896DPmg
 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
                            -8-                LRB9003896DPmg
 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
                            -9-                LRB9003896DPmg
 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
                            -10-               LRB9003896DPmg
 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.
                            -11-               LRB9003896DPmg
 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
                            -12-               LRB9003896DPmg
 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
                            -13-               LRB9003896DPmg
 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
                            -14-               LRB9003896DPmg
 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.
                            -15-               LRB9003896DPmg
 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.)

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