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90_HB1887eng
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
Amends the Environmental Protection Act to make a
technical change.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 3.78, 3.81, 21, and 39.2 and by adding
3 Sections 3.78a, 3.78b, 3.78c, and 22.38.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Environmental Protection Act is amended
7 by changing Sections 3.78, 3.81, 21, and 39.2 and by adding
8 Sections 3.78a, 3.78b, 3.78c, and 22.38 as follows:
9 (415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
10 Sec. 3.78. General construction or demolition debris.
11 "General Clean construction or demolition debris" means
12 uncontaminated material resulting from the construction,
13 remodeling, repair, and demolition of utilities, structures,
14 and roads. "General construction or demolition debris" is
15 limited to bricks, concrete, and other masonry materials;
16 soil; rock; cardboard; wood, including nonhazardous painted,
17 treated and coated wood and wood products; plumbing fixtures;
18 roofing shingles; asphaltic pavement; glass; plastics that
19 are not sealed in a manner to conceal waste; electrical
20 wiring and components containing no hazardous liquids; and
21 ferrous and nonferrous metals broken concrete without
22 protruding metal bars, bricks, rock, stone, reclaimed asphalt
23 pavement or uncontaminated dirt or sand generated from
24 construction or demolition activities.
25 (Source: P.A. 86-633; 86-1028; 87-1171.)
26 (415 ILCS 5/3.78a new)
27 Sec. 3.78a. Commercial general construction or
28 demolition debris recycling center. "Commercial general
29 construction or demolition debris recycling center" means a
30 site or facility that accepts from more than one source only
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1 general construction or demolition debris that is generated
2 off-site so that recyclable materials will be separated and
3 removed for subsequent use in the secondary materials market.
4 (415 ILCS 5/3.78b new)
5 Sec. 3.78b. On-site general construction or demolition
6 debris recycling center. "On-site general construction or
7 demolition debris recycling center" means a site or facility
8 used by any person accepting only general construction or
9 demolition debris that is generated by that person's own
10 activities at the site or facility or transported within or
11 between sites or facilities owned, controlled, or operated by
12 that person, so that recyclable materials will be separated
13 and removed for subsequent use in the secondary materials
14 market.
15 (415 ILCS 5/3.78c new)
16 Sec. 3.78c. Clean fill. "Clean fill" means broken
17 concrete without protruding metal bars, brick, rock, stone,
18 reclaimed asphalt pavement, and uncontaminated dirt or sand
19 generated from construction or demolition activities.
20 (415 ILCS 5/3.81) (from Ch. 111 1/2, par. 1003.81)
21 Sec. 3.81. "Recycling center" means a site or facility
22 that accepts only segregated, nonhazardous, nonspecial,
23 homogeneous, nonputrescible materials, such as dry paper,
24 glass, cans or plastics, for subsequent use in the secondary
25 materials market. "Recycling center" also means a commercial
26 or on-site general construction or demolition debris
27 recycling center as defined in this Act.
28 (Source: P.A. 87-650.)
29 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
30 Sec. 21. No person shall:
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1 (a) Cause or allow the open dumping of any waste.
2 (b) Abandon, dump, or deposit any waste upon the public
3 highways or other public property, except in a sanitary
4 landfill approved by the Agency pursuant to regulations
5 adopted by the Board.
6 (c) Abandon any vehicle in violation of the "Abandoned
7 Vehicles Amendment to the Illinois Vehicle Code", as enacted
8 by the 76th General Assembly.
9 (d) Conduct any waste-storage, waste-treatment, or
10 waste-disposal operation:
11 (1) without a permit granted by the Agency or in
12 violation of any conditions imposed by such permit,
13 including periodic reports and full access to adequate
14 records and the inspection of facilities, as may be
15 necessary to assure compliance with this Act and with
16 regulations and standards adopted thereunder; provided,
17 however, that, except for municipal solid waste landfill
18 units that receive waste on or after October 9, 1993, no
19 permit shall be required for (i) any person conducting a
20 waste-storage, waste-treatment, or waste-disposal
21 operation for wastes generated by such person's own
22 activities which are stored, treated, or disposed within
23 the site where such wastes are generated, or (ii) for a
24 corporation organized under the General Not For Profit
25 Corporation Act of 1986, as now or hereafter amended, or
26 a predecessor Act, constructing a land form in
27 conformance with local zoning provisions, within a
28 municipality having a population of more than 1,000,000
29 inhabitants, with clean fill construction or demolition
30 debris generated within the municipality, provided that
31 the corporation has contracts for economic development
32 planning with the municipality,; or (iii) a commercial or
33 on-site general construction or demolition debris
34 recycling center operating under the 2-year pilot program
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1 set forth in Section 22.38 of this Act;
2 (2) in violation of any regulations or standards
3 adopted by the Board under this Act; or
4 (3) which receives waste after August 31, 1988,
5 does not have a permit issued by the Agency, and is (i) a
6 landfill used exclusively for the disposal of waste
7 generated at the site, (ii) a surface impoundment
8 receiving special waste not listed in an NPDES permit,
9 (iii) a waste pile in which the total volume of waste is
10 greater than 100 cubic yards or the waste is stored for
11 over one year, or (iv) a land treatment facility
12 receiving special waste generated at the site; without
13 giving notice of the operation to the Agency by January
14 1, 1989, or 30 days after the date on which the operation
15 commences, whichever is later, and every 3 years
16 thereafter. The form for such notification shall be
17 specified by the Agency, and shall be limited to
18 information regarding: the name and address of the
19 location of the operation; the type of operation; the
20 types and amounts of waste stored, treated or disposed of
21 on an annual basis; the remaining capacity of the
22 operation; and the remaining expected life of the
23 operation.
24 Paragraph (3) of this subsection (d) shall not apply to
25 any person engaged in agricultural activity who is disposing
26 of a substance that constitutes solid waste, if the substance
27 was acquired for use by that person on his own property, and
28 the substance is disposed of on his own property in
29 accordance with regulations or standards adopted by the
30 Board.
31 This subsection (d) shall not apply to hazardous waste.
32 (e) Dispose, treat, store or abandon any waste, or
33 transport any waste into this State for disposal, treatment,
34 storage or abandonment, except at a site or facility which
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1 meets the requirements of this Act and of regulations and
2 standards thereunder.
3 (f) Conduct any hazardous waste-storage, hazardous
4 waste-treatment or hazardous waste-disposal operation:
5 (1) without a RCRA permit for the site issued by
6 the Agency under subsection (d) of Section 39 of this
7 Act, or in violation of any condition imposed by such
8 permit, including periodic reports and full access to
9 adequate records and the inspection of facilities, as may
10 be necessary to assure compliance with this Act and with
11 regulations and standards adopted thereunder; or
12 (2) in violation of any regulations or standards
13 adopted by the Board under this Act; or
14 (3) in violation of any RCRA permit filing
15 requirement established under standards adopted by the
16 Board under this Act; or
17 (4) in violation of any order adopted by the Board
18 under this Act.
19 Notwithstanding the above, no RCRA permit shall be
20 required under this subsection or subsection (d) of Section
21 39 of this Act for any person engaged in agricultural
22 activity who is disposing of a substance which has been
23 identified as a hazardous waste, and which has been
24 designated by Board regulations as being subject to this
25 exception, if the substance was acquired for use by that
26 person on his own property and the substance is disposed of
27 on his own property in accordance with regulations or
28 standards adopted by the Board.
29 (g) Conduct any hazardous waste-transportation
30 operation:
31 (1) without a permit issued by the Agency or in
32 violation of any conditions imposed by such permit,
33 including periodic reports and full access to adequate
34 records and the inspection of facilities, as may be
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1 necessary to assure compliance with this Act and with
2 regulations or standards adopted thereunder; or
3 (2) in violation of any regulations or standards
4 adopted by the Board under this Act.
5 (h) Conduct any hazardous waste-recycling or hazardous
6 waste-reclamation or hazardous waste-reuse operation in
7 violation of any regulations, standards or permit
8 requirements adopted by the Board under this Act.
9 (i) Conduct any process or engage in any act which
10 produces hazardous waste in violation of any regulations or
11 standards adopted by the Board under subsections (a) and (c)
12 of Section 22.4 of this Act.
13 (j) Conduct any special waste transportation operation
14 in violation of any regulations, standards or permit
15 requirements adopted by the Board under this Act. However,
16 sludge from a water or sewage treatment plant owned and
17 operated by a unit of local government which (1) is subject
18 to a sludge management plan approved by the Agency or a
19 permit granted by the Agency, and (2) has been tested and
20 determined not to be a hazardous waste as required by
21 applicable State and federal laws and regulations, may be
22 transported in this State without a special waste hauling
23 permit, and the preparation and carrying of a manifest shall
24 not be required for such sludge under the rules of the
25 Pollution Control Board. The unit of local government which
26 operates the treatment plant producing such sludge shall file
27 a semiannual report with the Agency identifying the volume of
28 such sludge transported during the reporting period, the
29 hauler of the sludge, and the disposal sites to which it was
30 transported. This subsection (j) shall not apply to hazardous
31 waste.
32 (k) Fail or refuse to pay any fee imposed under this
33 Act.
34 (l) Locate a hazardous waste disposal site above an
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1 active or inactive shaft or tunneled mine or within 2 miles
2 of an active fault in the earth's crust. In counties of
3 population less than 225,000 no hazardous waste disposal site
4 shall be located (1) within 1 1/2 miles of the corporate
5 limits as defined on June 30, 1978, of any municipality
6 without the approval of the governing body of the
7 municipality in an official action; or (2) within 1000 feet
8 of an existing private well or the existing source of a
9 public water supply measured from the boundary of the actual
10 active permitted site and excluding existing private wells on
11 the property of the permit applicant. The provisions of this
12 subsection do not apply to publicly-owned sewage works or the
13 disposal or utilization of sludge from publicly-owned sewage
14 works.
15 (m) Transfer interest in any land which has been used as
16 a hazardous waste disposal site without written notification
17 to the Agency of the transfer and to the transferee of the
18 conditions imposed by the Agency upon its use under
19 subsection (g) of Section 39.
20 (n) Use any land which has been used as a hazardous
21 waste disposal site except in compliance with conditions
22 imposed by the Agency under subsection (g) of Section 39.
23 (o) Conduct a sanitary landfill operation which is
24 required to have a permit under subsection (d) of this
25 Section, in a manner which results in any of the following
26 conditions:
27 (1) refuse in standing or flowing waters;
28 (2) leachate flows entering waters of the State;
29 (3) leachate flows exiting the landfill confines
30 (as determined by the boundaries established for the
31 landfill by a permit issued by the Agency);
32 (4) open burning of refuse in violation of Section
33 9 of this Act;
34 (5) uncovered refuse remaining from any previous
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1 operating day or at the conclusion of any operating day,
2 unless authorized by permit;
3 (6) failure to provide final cover within time
4 limits established by Board regulations;
5 (7) acceptance of wastes without necessary permits;
6 (8) scavenging as defined by Board regulations;
7 (9) deposition of refuse in any unpermitted portion
8 of the landfill;
9 (10) acceptance of a special waste without a
10 required manifest;
11 (11) failure to submit reports required by permits
12 or Board regulations;
13 (12) failure to collect and contain litter from the
14 site by the end of each operating day;
15 (13) failure to submit any cost estimate for the
16 site or any performance bond or other security for the
17 site as required by this Act or Board rules.
18 The prohibitions specified in this subsection (o) shall
19 be enforceable by the Agency either by administrative
20 citation under Section 31.1 of this Act or as otherwise
21 provided by this Act. The specific prohibitions in this
22 subsection do not limit the power of the Board to establish
23 regulations or standards applicable to sanitary landfills.
24 (p) In violation of subdivision (a) of this Section,
25 cause or allow the open dumping of any waste in a manner
26 which results in any of the following occurrences at the dump
27 site:
28 (1) litter;
29 (2) scavenging;
30 (3) open burning;
31 (4) deposition of waste in standing or flowing
32 waters;
33 (5) proliferation of disease vectors;
34 (6) standing or flowing liquid discharge from the
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1 dump site.
2 The prohibitions specified in this subsection (p) shall
3 be enforceable by the Agency either by administrative
4 citation under Section 31.1 of this Act or as otherwise
5 provided by this Act. The specific prohibitions in this
6 subsection do not limit the power of the Board to establish
7 regulations or standards applicable to open dumping.
8 (q) Conduct a landscape waste composting operation
9 without an Agency permit, provided, however, that no permit
10 shall be required for any person:
11 (1) conducting a landscape waste composting
12 operation for landscape wastes generated by such person's
13 own activities which are stored, treated or disposed of
14 within the site where such wastes are generated; or
15 (2) applying landscape waste or composted landscape
16 waste at agronomic rates; or
17 (3) operating a landscape waste composting facility
18 on a farm, if the facility meets all of the following
19 criteria:
20 (A) the composting facility is operated by the
21 farmer on property on which the composting material
22 is utilized, and the composting facility constitutes
23 no more than 2% of the property's total acreage,
24 except that the Agency may allow a higher percentage
25 for individual sites where the owner or operator has
26 demonstrated to the Agency that the site's soil
27 characteristics or crop needs require a higher rate;
28 (B) the property on which the composting
29 facility is located, and any associated property on
30 which the compost is used, is principally and
31 diligently devoted to the production of agricultural
32 crops and is not owned, leased or otherwise
33 controlled by any waste hauler or generator of
34 nonagricultural compost materials, and the operator
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1 of the composting facility is not an employee,
2 partner, shareholder, or in any way connected with
3 or controlled by any such waste hauler or generator;
4 (C) all compost generated by the composting
5 facility is applied at agronomic rates and used as
6 mulch, fertilizer or soil conditioner on land
7 actually farmed by the person operating the
8 composting facility, and the finished compost is not
9 stored at the composting site for a period longer
10 than 18 months prior to its application as mulch,
11 fertilizer, or soil conditioner;
12 (D) the owner or operator, by January 1, 1990
13 (or the January 1 following commencement of
14 operation, whichever is later) and January 1 of each
15 year thereafter, (i) registers the site with the
16 Agency, (ii) reports to the Agency on the volume of
17 composting material received and used at the site,
18 (iii) certifies to the Agency that the site complies
19 with the requirements set forth in subparagraphs
20 (A), (B) and (C) of this paragraph (q)(3), and (iv)
21 certifies to the Agency that all composting material
22 was placed more than 200 feet from the nearest
23 potable water supply well, was placed outside the
24 boundary of the 10-year floodplain or on a part of
25 the site that is floodproofed, was placed at least
26 1/4 mile from the nearest residence (other than a
27 residence located on the same property as the
28 facility) and there are not more than 10 occupied
29 non-farm residences within 1/2 mile of the
30 boundaries of the site on the date of application,
31 and was placed more than 5 feet above the water
32 table.
33 For the purposes of this subsection (q), "agronomic
34 rates" means the application of not more than 20 tons per
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1 acre per year, except that the Agency may allow a higher rate
2 for individual sites where the owner or operator has
3 demonstrated to the Agency that the site's soil
4 characteristics or crop needs require a higher rate.
5 (r) Cause or allow the storage or disposal of coal
6 combustion waste unless:
7 (1) such waste is stored or disposed of at a site
8 or facility for which a permit has been obtained or is
9 not otherwise required under subsection (d) of this
10 Section; or
11 (2) such waste is stored or disposed of as a part
12 of the design and reclamation of a site or facility which
13 is an abandoned mine site in accordance with the
14 Abandoned Mined Lands and Water Reclamation Act; or
15 (3) such waste is stored or disposed of at a site
16 or facility which is operating under NPDES and Subtitle D
17 permits issued by the Agency pursuant to regulations
18 adopted by the Board for mine-related water pollution and
19 permits issued pursuant to the Federal Surface Mining
20 Control and Reclamation Act of 1977 (P.L. 95-87) or the
21 rules and regulations thereunder or any law or rule or
22 regulation adopted by the State of Illinois pursuant
23 thereto, and the owner or operator of the facility agrees
24 to accept the waste; and either
25 (i) such waste is stored or disposed of in
26 accordance with requirements applicable to refuse
27 disposal under regulations adopted by the Board for
28 mine-related water pollution and pursuant to NPDES
29 and Subtitle D permits issued by the Agency under
30 such regulations; or
31 (ii) the owner or operator of the facility
32 demonstrates all of the following to the Agency, and
33 the facility is operated in accordance with the
34 demonstration as approved by the Agency: (1) the
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1 disposal area will be covered in a manner that will
2 support continuous vegetation, (2) the facility will
3 be adequately protected from wind and water erosion,
4 (3) the pH will be maintained so as to prevent
5 excessive leaching of metal ions, and (4) adequate
6 containment or other measures will be provided to
7 protect surface water and groundwater from
8 contamination at levels prohibited by this Act, the
9 Illinois Groundwater Protection Act, or regulations
10 adopted pursuant thereto.
11 Notwithstanding any other provision of this Title, the
12 disposal of coal combustion waste pursuant to item (2) or (3)
13 of this subdivision (r) shall be exempt from the other
14 provisions of this Title V, and notwithstanding the
15 provisions of Title X of this Act, the Agency is authorized
16 to grant experimental permits which include provision for the
17 disposal of wastes from the combustion of coal and other
18 materials pursuant to items (2) and (3) of this subdivision
19 (r).
20 (s) After April 1, 1989, offer for transportation,
21 transport, deliver, receive or accept special waste for which
22 a manifest is required, unless the manifest indicates that
23 the fee required under Section 22.8 of this Act has been
24 paid.
25 (t) Cause or allow a lateral expansion of a municipal
26 solid waste landfill unit on or after October 9, 1993,
27 without a permit modification, granted by the Agency, that
28 authorizes the lateral expansion.
29 (u) Conduct any vegetable by-product treatment, storage,
30 disposal or transportation operation in violation of any
31 regulation, standards or permit requirements adopted by the
32 Board under this Act. However, no permit shall be required
33 under this Title V for the land application of vegetable
34 by-products conducted pursuant to Agency permit issued under
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1 Title III of this Act to the generator of the vegetable
2 by-products. In addition, vegetable by-products may be
3 transported in this State without a special waste hauling
4 permit, and without the preparation and carrying of a
5 manifest.
6 (Source: P.A. 88-454; 88-496; 88-670, eff. 12-2-94; 89-93,
7 eff. 7-6-95; 89-535, eff. 7-19-96.)
8 (415 ILCS 5/22.38 new)
9 Sec. 22.38. Pilot program for recycling centers that
10 accept only general construction or demolition debris.
11 (a) Beginning on the effective date of this amendatory
12 Act of 1997, recycling centers that accept only general
13 construction or demolition debris may operate during a 2-year
14 pilot program in a county with a population of more than
15 700,000 but less than 1,000,000. An operator of a recycling
16 center accepting only general construction or demolition
17 debris shall report, at a minimum, the number and location of
18 the commercial or on-site general construction or demolition
19 debris recycling center, tonnage accepted, tonnage recycled,
20 and location of viable endmarkets for specific materials, to
21 the Department of Commerce and Community Affairs on a
22 quarterly basis for the duration of the pilot program. The
23 Department shall (i) develop criteria to evaluate the
24 progress of the pilot program and (ii) submit a report of its
25 conclusions and recommendations regarding the program to the
26 Governor and the General Assembly within 60 days prior to the
27 termination of the program.
28 (b) Recycling centers that accept only general
29 construction or demolition debris may only be established in
30 areas subject to local zoning and must be operated in
31 accordance with applicable zoning laws.
32 (c) An owner or operator of a recycling center that
33 accepts only general construction or demolition debris shall:
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1 (1) Sort general construction or demolition debris
2 to separate recyclable materials from wastes within 24
3 hours of receipt of the debris at the recycling center.
4 (2) Transport off site all nonrecyclable materials
5 and materials other than general construction or
6 demolition debris within 24 hours of their receipt at the
7 recycling center.
8 (3) Limit the percentage of incoming nonrecyclable
9 materials to 10% or less of each incoming load for
10 commercial construction or demolition debris recycling
11 centers and 30% or less of each incoming load for on-site
12 general construction or demolition debris recycling
13 centers.
14 (4) Transport all recyclable materials from the
15 recycling center for recycling or disposal within 45 days
16 of their receipt at the recycling center.
17 (5) Employ tagging and bookkeeping procedures to
18 demonstrate compliance with the timing requirements of
19 items (1), (2), and (4) of this subsection.
20 (6) Control dust and litter at the recycling
21 center.
22 (7) Implement measures to control disease vectors
23 at the recycling center.
24 (8) Control and manage, in accordance with federal,
25 State, and local laws and regulations, any leachate that
26 is generated at the recycling center.
27 (9) Control access to the recycling center and post
28 a sign at the main entrance that states: the nature of
29 the recycling center's operations; any applicable penalty
30 for unauthorized trespass or dumping; and the name,
31 address, and telephone number of the person operating the
32 recycling center.
33 (10) At on-site general construction and demolition
34 debris recycling centers, post signs on each construction
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1 and demolition debris container that list the type of
2 general construction and demolition debris that may be
3 placed in the container and state the applicable
4 penalties for dumping unlisted material into the
5 container.
6 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
7 Sec. 39.2. Local siting approval.
8 (a) The county board of the county or the governing body
9 of the municipality, as determined by paragraph (c) of
10 Section 39 of this Act, shall approve or disapprove the
11 request for local siting approval for each pollution control
12 facility which is subject to such review. An applicant for
13 local siting approval shall submit sufficient details
14 describing the proposed facility to demonstrate compliance,
15 and local siting approval shall be granted only if the
16 proposed facility meets the following criteria:
17 (i) the facility is necessary to accommodate the
18 waste needs of the area it is intended to serve;
19 (ii) the facility is so designed, located and
20 proposed to be operated that the public health, safety
21 and welfare will be protected;
22 (iii) the facility is located so as to minimize
23 incompatibility with the character of the surrounding
24 area and to minimize the effect on the value of the
25 surrounding property;
26 (iv) the facility is located outside the boundary
27 of the 100 year flood plain or the site is flood-proofed;
28 (v) the plan of operations for the facility is
29 designed to minimize the danger to the surrounding area
30 from fire, spills, or other operational accidents;
31 (vi) the traffic patterns to or from the facility
32 are so designed as to minimize the impact on existing
33 traffic flows;
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1 (vii) if the facility will be treating, storing or
2 disposing of hazardous waste, an emergency response plan
3 exists for the facility which includes notification,
4 containment and evacuation procedures to be used in case
5 of an accidental release;
6 (viii) if the facility is to be located in a county
7 where the county board has adopted a solid waste
8 management plan consistent with the planning requirements
9 of the Local Solid Waste Disposal Act or the Solid Waste
10 Planning and Recycling Act, the facility is consistent
11 with that plan; and
12 (ix) if the facility will be located within a
13 regulated recharge area, any applicable requirements
14 specified by the Board for such areas have been met.
15 The county board or the governing body of the
16 municipality may also consider as evidence the previous
17 operating experience and past record of convictions or
18 admissions of violations of the applicant (and any subsidiary
19 or parent corporation) in the field of solid waste management
20 when considering criteria (ii) and (v) under this Section.
21 (b) No later than 14 days prior to a request for
22 location approval the applicant shall cause written notice of
23 such request to be served either in person or by registered
24 mail, return receipt requested, on the owners of all property
25 within the subject area not solely owned by the applicant,
26 and on the owners of all property within 250 feet in each
27 direction of the lot line of the subject property, said
28 owners being such persons or entities which appear from the
29 authentic tax records of the County in which such facility is
30 to be located; provided, that the number of all feet occupied
31 by all public roads, streets, alleys and other public ways
32 shall be excluded in computing the 250 feet requirement;
33 provided further, that in no event shall this requirement
34 exceed 400 feet, including public streets, alleys and other
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1 public ways.
2 Such written notice shall also be served upon members of
3 the General Assembly from the legislative district in which
4 the proposed facility is located and shall be published in a
5 newspaper of general circulation published in the county in
6 which the site is located.
7 Such notice shall state the name and address of the
8 applicant, the location of the proposed site, the nature and
9 size of the development, the nature of the activity proposed,
10 the probable life of the proposed activity, the date when the
11 request for site approval will be submitted, and a
12 description of the right of persons to comment on such
13 request as hereafter provided.
14 (c) An applicant shall file a copy of its request with
15 the county board of the county or the governing body of the
16 municipality in which the proposed site is located. The
17 request shall include (i) the substance of the applicant's
18 proposal and (ii) all documents, if any, submitted as of that
19 date to the Agency pertaining to the proposed facility,
20 except trade secrets as determined under Section 7.1 of this
21 Act. All such documents or other materials on file with the
22 county board or governing body of the municipality shall be
23 made available for public inspection at the office of the
24 county board or the governing body of the municipality and
25 may be copied upon payment of the actual cost of
26 reproduction.
27 Any person may file written comment with the county board
28 or governing body of the municipality concerning the
29 appropriateness of the proposed site for its intended
30 purpose. The county board or governing body of the
31 municipality shall consider any comment received or
32 postmarked not later than 30 days after the date of the last
33 public hearing.
34 (d) At least one public hearing is to be held by the
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1 county board or governing body of the municipality no sooner
2 than 90 days but no later than 120 days from receipt of the
3 request for site approval, such hearing to be preceded by
4 published notice in a newspaper of general circulation
5 published in the county of the proposed site, and notice by
6 certified mail to all members of the General Assembly from
7 the district in which the proposed site is located, to the
8 governing authority of every municipality contiguous to the
9 proposed site or contiguous to the municipality in which the
10 proposed site is to be located, and to the Agency. The public
11 hearing shall develop a record sufficient to form the basis
12 of appeal of the decision in accordance with Section 40.1 of
13 this Act. The fact that a member of the county board or
14 governing body of the municipality has publicly expressed an
15 opinion on an issue related to a site review proceeding shall
16 not preclude the member from taking part in the proceeding
17 and voting on the issue.
18 (e) Decisions of the county board or governing body of
19 the municipality are to be in writing, specifying the reasons
20 for the decision, such reasons to be in conformance with
21 subsection (a) of this Section. In granting approval for a
22 site the county board or governing body of the municipality
23 may impose such conditions as may be reasonable and necessary
24 to accomplish the purposes of this Section and as are not
25 inconsistent with regulations promulgated by the Board. Such
26 decision shall be available for public inspection at the
27 office of the county board or governing body of the
28 municipality and may be copied upon payment of the actual
29 cost of reproduction. If there is no final action by the
30 county board or governing body of the municipality within 180
31 days after the filing of the request for site approval the
32 applicant may deem the request approved.
33 At any time prior to completion by the applicant of the
34 presentation of the applicant's factual evidence and an
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1 opportunity for cross-questioning by the county board or
2 governing body of the municipality and any participants, the
3 applicant may file not more than one amended application upon
4 payment of additional fees pursuant to subsection (k); in
5 which case the time limitation for final action set forth in
6 this subsection (e) shall be extended for an additional
7 period of 90 days.
8 (f) A local siting approval granted under this Section
9 shall expire at the end of 2 calendar years from the date
10 upon which it was granted, unless the local siting approval
11 granted under this Section is for a sanitary landfill
12 operation, in which case the approval shall expire at the end
13 of 3 calendar years from the date upon which it was granted,
14 and unless within that period the applicant has made
15 application to the Agency for a permit to develop the site.
16 In the event that the local siting decision has been
17 appealed, such expiration period shall be deemed to begin on
18 the date upon which the appeal process is concluded.
19 Except as otherwise provided in this subsection, upon the
20 expiration of a development permit under subsection (k) of
21 Section 39, any associated local siting approval granted for
22 the facility under this Section shall also expire.
23 If a first development permit for a municipal waste
24 incineration facility expires under subsection (k) of Section
25 39 after September 30, 1989 due to circumstances beyond the
26 control of the applicant, any associated local siting
27 approval granted for the facility under this Section may be
28 used to fulfill the local siting approval requirement upon
29 application for a second development permit for the same
30 site, provided that the proposal in the new application is
31 materially the same, with respect to the criteria in
32 subsection (a) of this Section, as the proposal that received
33 the original siting approval, and application for the second
34 development permit is made before January 1, 1990.
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1 (g) The siting approval procedures, criteria and appeal
2 procedures provided for in this Act for new pollution control
3 facilities shall be the exclusive siting procedures and rules
4 and appeal procedures for facilities subject to such
5 procedures. Local zoning or other local land use requirements
6 shall not be applicable to such siting decisions.
7 (h) Nothing in this Section shall apply to any existing
8 or new pollution control facility located within the
9 corporate limits of a municipality with a population of over
10 1,000,000.
11 (i) The Department shall make a study of technical
12 considerations relating to the siting of new pollution
13 control facilities. Such study shall include, but need not be
14 limited to, a determination of the geologic and hydrologic
15 conditions in the State most suitable for the siting of such
16 facilities, the establishment of a data base on such
17 conditions in Illinois, and recommendations for the
18 establishment of technical guidelines and criteria to be used
19 in making such siting decisions. The Department shall report
20 such study and recommendations to the General Assembly, the
21 Governor, the Board and the public no later than October 1,
22 1984.
23 The Board shall adopt regulations establishing the
24 geologic and hydrologic siting criteria necessary to protect
25 usable groundwater resources which are to be followed by the
26 Agency in its review of permit applications for new pollution
27 control facilities. Such regulations, insofar as they apply
28 to new pollution control facilities authorized to store,
29 treat or dispose of any hazardous waste, shall be at least as
30 stringent as the requirements of the Resource Conservation
31 and Recovery Act and any State or federal regulations adopted
32 pursuant thereto.
33 (j) Any new pollution control facility which has never
34 obtained local siting approval under the provisions of this
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1 Section shall be required to obtain such approval after a
2 final decision on an appeal of a permit denial.
3 (k) A county board or governing body of a municipality
4 may charge applicants for siting review under this Section a
5 reasonable fee to cover the reasonable and necessary costs
6 incurred by such county or municipality in the siting review
7 process.
8 (l) The governing Authority as determined by subsection
9 (c) of Section 39 of this Act may request the Department of
10 Transportation to perform traffic impact studies of proposed
11 or potential locations for required pollution control
12 facilities.
13 (m) An applicant may not file a request for local siting
14 approval which is substantially the same as a request which
15 was disapproved pursuant to a finding against the applicant
16 under any of criteria (i) through (ix) of subsection (a) of
17 this Section within the preceding 2 years.
18 (n) In any review proceeding of a decision of the county
19 board or governing body of a municipality made pursuant to
20 the local siting review process, the petitioner in the review
21 proceeding shall pay to the county or municipality the cost
22 of preparing and certifying the record of proceedings.
23 Should the petitioner in the review proceeding fail to make
24 payment, the provisions of Section 3-109 of the Code of Civil
25 Procedure shall apply.
26 In the event the petitioner is a citizens' group that
27 participated in the siting proceeding and is so located as to
28 be affected by the proposed facility, such petitioner shall
29 be exempt from paying the costs of preparing and certifying
30 the record.
31 (o) Notwithstanding any other provision of this Section
32 or Section 39 of this Act, a transfer station used
33 exclusively for landscape waste, where landscape waste is
34 held no longer than 24 hours from the time it was received,
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1 is not subject to the requirements of local siting approval
2 under this Section, but is subject only to local zoning
3 approval.
4 (p) Notwithstanding any other provision of this Section
5 or Section 39 of this Act, a recycling center that accepts
6 only general construction or demolition debris under the
7 2-year pilot program set forth in Section 22.38 of this Act
8 is not subject to the requirements of local siting approval
9 under this Section, but is subject only to local zoning
10 approval.
11 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
12 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
13 8-9-96.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.