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90_HB1887ham001
LRB9003896DPccam
1 AMENDMENT TO HOUSE BILL 1887
2 AMENDMENT NO. . Amend House Bill 1887 by replacing
3 the title with the following:
4 "AN ACT to amend the Environmental Protection Act by
5 changing Sections 3.78, 3.81, 21, and 39.2 and by adding
6 Sections 3.78a, 3,78b, 3,78c, and 22.38."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Environmental Protection Act is amended
10 by changing Sections 3.78, 3.81, 21, and 39.2 and by adding
11 Sections 3.78a, 3.78b, 3.78c, and 22.38 as follows:
12 (415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
13 Sec. 3.78. General construction or demolition debris.
14 "General Clean construction or demolition debris" means
15 uncontaminated material resulting from the construction,
16 remodeling, repair, and demolition of utilities, structures,
17 and roads. "General construction or demolition debris" is
18 limited to bricks, concrete, and other masonry materials;
19 soil; rock; cardboard; wood, including nonhazardous painted,
20 treated and coated wood and wood products; plumbing fixtures;
21 roofing shingles; asphaltic pavement; glass; plastics that
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1 are not sealed in a manner to conceal waste; electrical
2 wiring and components containing no hazardous liquids; and
3 ferrous and nonferrous metals broken concrete without
4 protruding metal bars, bricks, rock, stone, reclaimed asphalt
5 pavement or uncontaminated dirt or sand generated from
6 construction or demolition activities.
7 (Source: P.A. 86-633; 86-1028; 87-1171.)
8 (415 ILCS 5/3.78a new)
9 Sec. 3.78a. Commercial general construction or
10 demolition debris recycling center. "Commercial general
11 construction or demolition debris recycling center" means a
12 site or facility that accepts from more than one source only
13 general construction or demolition debris that is generated
14 off-site so that recyclable materials will be separated and
15 removed for subsequent use in the secondary materials market.
16 (415 ILCS 5/3.78b new)
17 Sec. 3.78b. On-site general construction or demolition
18 debris recycling center. "On-site general construction or
19 demolition debris recycling center" means a site or facility
20 used by any person accepting only general construction or
21 demolition debris that is generated by that person's own
22 activities at the site or facility or transported within or
23 between sites or facilities owned, controlled, or operated by
24 that person, so that recyclable materials will be separated
25 and removed for subsequent use in the secondary materials
26 market.
27 (415 ILCS 5/3.78c new)
28 Sec. 3.78c. Clean fill. "Clean fill" means broken
29 concrete without protruding metal bars, brick, rock, stone,
30 reclaimed asphalt pavement, and uncontaminated dirt or sand
31 generated from construction or demolition activities.
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1 (415 ILCS 5/3.81) (from Ch. 111 1/2, par. 1003.81)
2 Sec. 3.81. "Recycling center" means a site or facility
3 that accepts only segregated, nonhazardous, nonspecial,
4 homogeneous, nonputrescible materials, such as dry paper,
5 glass, cans or plastics, for subsequent use in the secondary
6 materials market. "Recycling center" also means a commercial
7 or on-site general construction or demolition debris
8 recycling center as defined in this Act.
9 (Source: P.A. 87-650.)
10 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
11 Sec. 21. No person shall:
12 (a) Cause or allow the open dumping of any waste.
13 (b) Abandon, dump, or deposit any waste upon the public
14 highways or other public property, except in a sanitary
15 landfill approved by the Agency pursuant to regulations
16 adopted by the Board.
17 (c) Abandon any vehicle in violation of the "Abandoned
18 Vehicles Amendment to the Illinois Vehicle Code", as enacted
19 by the 76th General Assembly.
20 (d) Conduct any waste-storage, waste-treatment, or
21 waste-disposal operation:
22 (1) without a permit granted by the Agency or in
23 violation of any conditions imposed by such permit,
24 including periodic reports and full access to adequate
25 records and the inspection of facilities, as may be
26 necessary to assure compliance with this Act and with
27 regulations and standards adopted thereunder; provided,
28 however, that, except for municipal solid waste landfill
29 units that receive waste on or after October 9, 1993, no
30 permit shall be required for (i) any person conducting a
31 waste-storage, waste-treatment, or waste-disposal
32 operation for wastes generated by such person's own
33 activities which are stored, treated, or disposed within
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1 the site where such wastes are generated, or (ii) for a
2 corporation organized under the General Not For Profit
3 Corporation Act of 1986, as now or hereafter amended, or
4 a predecessor Act, constructing a land form in
5 conformance with local zoning provisions, within a
6 municipality having a population of more than 1,000,000
7 inhabitants, with clean fill construction or demolition
8 debris generated within the municipality, provided that
9 the corporation has contracts for economic development
10 planning with the municipality,; or (iii) a commercial or
11 on-site general construction or demolition debris
12 recycling center operating under the 2-year pilot program
13 set forth in Section 22.38 of this Act.
14 (2) in violation of any regulations or standards
15 adopted by the Board under this Act; or
16 (3) which receives waste after August 31, 1988,
17 does not have a permit issued by the Agency, and is (i) a
18 landfill used exclusively for the disposal of waste
19 generated at the site, (ii) a surface impoundment
20 receiving special waste not listed in an NPDES permit,
21 (iii) a waste pile in which the total volume of waste is
22 greater than 100 cubic yards or the waste is stored for
23 over one year, or (iv) a land treatment facility
24 receiving special waste generated at the site; without
25 giving notice of the operation to the Agency by January
26 1, 1989, or 30 days after the date on which the operation
27 commences, whichever is later, and every 3 years
28 thereafter. The form for such notification shall be
29 specified by the Agency, and shall be limited to
30 information regarding: the name and address of the
31 location of the operation; the type of operation; the
32 types and amounts of waste stored, treated or disposed of
33 on an annual basis; the remaining capacity of the
34 operation; and the remaining expected life of the
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1 operation.
2 Paragraph (3) of this subsection (d) shall not apply to
3 any person engaged in agricultural activity who is disposing
4 of a substance that constitutes solid waste, if the substance
5 was acquired for use by that person on his own property, and
6 the substance is disposed of on his own property in
7 accordance with regulations or standards adopted by the
8 Board.
9 This subsection (d) shall not apply to hazardous waste.
10 (e) Dispose, treat, store or abandon any waste, or
11 transport any waste into this State for disposal, treatment,
12 storage or abandonment, except at a site or facility which
13 meets the requirements of this Act and of regulations and
14 standards thereunder.
15 (f) Conduct any hazardous waste-storage, hazardous
16 waste-treatment or hazardous waste-disposal operation:
17 (1) without a RCRA permit for the site issued by
18 the Agency under subsection (d) of Section 39 of this
19 Act, or in violation of any condition imposed by such
20 permit, including periodic reports and full access to
21 adequate records and the inspection of facilities, as may
22 be necessary to assure compliance with this Act and with
23 regulations and standards adopted thereunder; or
24 (2) in violation of any regulations or standards
25 adopted by the Board under this Act; or
26 (3) in violation of any RCRA permit filing
27 requirement established under standards adopted by the
28 Board under this Act; or
29 (4) in violation of any order adopted by the Board
30 under this Act.
31 Notwithstanding the above, no RCRA permit shall be
32 required under this subsection or subsection (d) of Section
33 39 of this Act for any person engaged in agricultural
34 activity who is disposing of a substance which has been
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1 identified as a hazardous waste, and which has been
2 designated by Board regulations as being subject to this
3 exception, if the substance was acquired for use by that
4 person on his own property and the substance is disposed of
5 on his own property in accordance with regulations or
6 standards adopted by the Board.
7 (g) Conduct any hazardous waste-transportation
8 operation:
9 (1) without a permit issued by the Agency or in
10 violation of any conditions imposed by such permit,
11 including periodic reports and full access to adequate
12 records and the inspection of facilities, as may be
13 necessary to assure compliance with this Act and with
14 regulations or standards adopted thereunder; or
15 (2) in violation of any regulations or standards
16 adopted by the Board under this Act.
17 (h) Conduct any hazardous waste-recycling or hazardous
18 waste-reclamation or hazardous waste-reuse operation in
19 violation of any regulations, standards or permit
20 requirements adopted by the Board under this Act.
21 (i) Conduct any process or engage in any act which
22 produces hazardous waste in violation of any regulations or
23 standards adopted by the Board under subsections (a) and (c)
24 of Section 22.4 of this Act.
25 (j) Conduct any special waste transportation operation
26 in violation of any regulations, standards or permit
27 requirements adopted by the Board under this Act. However,
28 sludge from a water or sewage treatment plant owned and
29 operated by a unit of local government which (1) is subject
30 to a sludge management plan approved by the Agency or a
31 permit granted by the Agency, and (2) has been tested and
32 determined not to be a hazardous waste as required by
33 applicable State and federal laws and regulations, may be
34 transported in this State without a special waste hauling
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1 permit, and the preparation and carrying of a manifest shall
2 not be required for such sludge under the rules of the
3 Pollution Control Board. The unit of local government which
4 operates the treatment plant producing such sludge shall file
5 a semiannual report with the Agency identifying the volume of
6 such sludge transported during the reporting period, the
7 hauler of the sludge, and the disposal sites to which it was
8 transported. This subsection (j) shall not apply to hazardous
9 waste.
10 (k) Fail or refuse to pay any fee imposed under this
11 Act.
12 (l) Locate a hazardous waste disposal site above an
13 active or inactive shaft or tunneled mine or within 2 miles
14 of an active fault in the earth's crust. In counties of
15 population less than 225,000 no hazardous waste disposal site
16 shall be located (1) within 1 1/2 miles of the corporate
17 limits as defined on June 30, 1978, of any municipality
18 without the approval of the governing body of the
19 municipality in an official action; or (2) within 1000 feet
20 of an existing private well or the existing source of a
21 public water supply measured from the boundary of the actual
22 active permitted site and excluding existing private wells on
23 the property of the permit applicant. The provisions of this
24 subsection do not apply to publicly-owned sewage works or the
25 disposal or utilization of sludge from publicly-owned sewage
26 works.
27 (m) Transfer interest in any land which has been used as
28 a hazardous waste disposal site without written notification
29 to the Agency of the transfer and to the transferee of the
30 conditions imposed by the Agency upon its use under
31 subsection (g) of Section 39.
32 (n) Use any land which has been used as a hazardous
33 waste disposal site except in compliance with conditions
34 imposed by the Agency under subsection (g) of Section 39.
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1 (o) Conduct a sanitary landfill operation which is
2 required to have a permit under subsection (d) of this
3 Section, in a manner which results in any of the following
4 conditions:
5 (1) refuse in standing or flowing waters;
6 (2) leachate flows entering waters of the State;
7 (3) leachate flows exiting the landfill confines
8 (as determined by the boundaries established for the
9 landfill by a permit issued by the Agency);
10 (4) open burning of refuse in violation of Section
11 9 of this Act;
12 (5) uncovered refuse remaining from any previous
13 operating day or at the conclusion of any operating day,
14 unless authorized by permit;
15 (6) failure to provide final cover within time
16 limits established by Board regulations;
17 (7) acceptance of wastes without necessary permits;
18 (8) scavenging as defined by Board regulations;
19 (9) deposition of refuse in any unpermitted portion
20 of the landfill;
21 (10) acceptance of a special waste without a
22 required manifest;
23 (11) failure to submit reports required by permits
24 or Board regulations;
25 (12) failure to collect and contain litter from the
26 site by the end of each operating day;
27 (13) failure to submit any cost estimate for the
28 site or any performance bond or other security for the
29 site as required by this Act or Board rules.
30 The prohibitions specified in this subsection (o) shall
31 be enforceable by the Agency either by administrative
32 citation under Section 31.1 of this Act or as otherwise
33 provided by this Act. The specific prohibitions in this
34 subsection do not limit the power of the Board to establish
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1 regulations or standards applicable to sanitary landfills.
2 (p) In violation of subdivision (a) of this Section,
3 cause or allow the open dumping of any waste in a manner
4 which results in any of the following occurrences at the dump
5 site:
6 (1) litter;
7 (2) scavenging;
8 (3) open burning;
9 (4) deposition of waste in standing or flowing
10 waters;
11 (5) proliferation of disease vectors;
12 (6) standing or flowing liquid discharge from the
13 dump site.
14 The prohibitions specified in this subsection (p) shall
15 be enforceable by the Agency either by administrative
16 citation under Section 31.1 of this Act or as otherwise
17 provided by this Act. The specific prohibitions in this
18 subsection do not limit the power of the Board to establish
19 regulations or standards applicable to open dumping.
20 (q) Conduct a landscape waste composting operation
21 without an Agency permit, provided, however, that no permit
22 shall be required for any person:
23 (1) conducting a landscape waste composting
24 operation for landscape wastes generated by such person's
25 own activities which are stored, treated or disposed of
26 within the site where such wastes are generated; or
27 (2) applying landscape waste or composted landscape
28 waste at agronomic rates; or
29 (3) operating a landscape waste composting facility
30 on a farm, if the facility meets all of the following
31 criteria:
32 (A) the composting facility is operated by the
33 farmer on property on which the composting material
34 is utilized, and the composting facility constitutes
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1 no more than 2% of the property's total acreage,
2 except that the Agency may allow a higher percentage
3 for individual sites where the owner or operator has
4 demonstrated to the Agency that the site's soil
5 characteristics or crop needs require a higher rate;
6 (B) the property on which the composting
7 facility is located, and any associated property on
8 which the compost is used, is principally and
9 diligently devoted to the production of agricultural
10 crops and is not owned, leased or otherwise
11 controlled by any waste hauler or generator of
12 nonagricultural compost materials, and the operator
13 of the composting facility is not an employee,
14 partner, shareholder, or in any way connected with
15 or controlled by any such waste hauler or generator;
16 (C) all compost generated by the composting
17 facility is applied at agronomic rates and used as
18 mulch, fertilizer or soil conditioner on land
19 actually farmed by the person operating the
20 composting facility, and the finished compost is not
21 stored at the composting site for a period longer
22 than 18 months prior to its application as mulch,
23 fertilizer, or soil conditioner;
24 (D) the owner or operator, by January 1, 1990
25 (or the January 1 following commencement of
26 operation, whichever is later) and January 1 of each
27 year thereafter, (i) registers the site with the
28 Agency, (ii) reports to the Agency on the volume of
29 composting material received and used at the site,
30 (iii) certifies to the Agency that the site complies
31 with the requirements set forth in subparagraphs
32 (A), (B) and (C) of this paragraph (q)(3), and (iv)
33 certifies to the Agency that all composting material
34 was placed more than 200 feet from the nearest
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1 potable water supply well, was placed outside the
2 boundary of the 10-year floodplain or on a part of
3 the site that is floodproofed, was placed at least
4 1/4 mile from the nearest residence (other than a
5 residence located on the same property as the
6 facility) and there are not more than 10 occupied
7 non-farm residences within 1/2 mile of the
8 boundaries of the site on the date of application,
9 and was placed more than 5 feet above the water
10 table.
11 For the purposes of this subsection (q), "agronomic
12 rates" means the application of not more than 20 tons per
13 acre per year, except that the Agency may allow a higher rate
14 for individual sites where the owner or operator has
15 demonstrated to the Agency that the site's soil
16 characteristics or crop needs require a higher rate.
17 (r) Cause or allow the storage or disposal of coal
18 combustion waste unless:
19 (1) such waste is stored or disposed of at a site
20 or facility for which a permit has been obtained or is
21 not otherwise required under subsection (d) of this
22 Section; or
23 (2) such waste is stored or disposed of as a part
24 of the design and reclamation of a site or facility which
25 is an abandoned mine site in accordance with the
26 Abandoned Mined Lands and Water Reclamation Act; or
27 (3) such waste is stored or disposed of at a site
28 or facility which is operating under NPDES and Subtitle D
29 permits issued by the Agency pursuant to regulations
30 adopted by the Board for mine-related water pollution and
31 permits issued pursuant to the Federal Surface Mining
32 Control and Reclamation Act of 1977 (P.L. 95-87) or the
33 rules and regulations thereunder or any law or rule or
34 regulation adopted by the State of Illinois pursuant
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1 thereto, and the owner or operator of the facility agrees
2 to accept the waste; and either
3 (i) such waste is stored or disposed of in
4 accordance with requirements applicable to refuse
5 disposal under regulations adopted by the Board for
6 mine-related water pollution and pursuant to NPDES
7 and Subtitle D permits issued by the Agency under
8 such regulations; or
9 (ii) the owner or operator of the facility
10 demonstrates all of the following to the Agency, and
11 the facility is operated in accordance with the
12 demonstration as approved by the Agency: (1) the
13 disposal area will be covered in a manner that will
14 support continuous vegetation, (2) the facility will
15 be adequately protected from wind and water erosion,
16 (3) the pH will be maintained so as to prevent
17 excessive leaching of metal ions, and (4) adequate
18 containment or other measures will be provided to
19 protect surface water and groundwater from
20 contamination at levels prohibited by this Act, the
21 Illinois Groundwater Protection Act, or regulations
22 adopted pursuant thereto.
23 Notwithstanding any other provision of this Title, the
24 disposal of coal combustion waste pursuant to item (2) or (3)
25 of this subdivision (r) shall be exempt from the other
26 provisions of this Title V, and notwithstanding the
27 provisions of Title X of this Act, the Agency is authorized
28 to grant experimental permits which include provision for the
29 disposal of wastes from the combustion of coal and other
30 materials pursuant to items (2) and (3) of this subdivision
31 (r).
32 (s) After April 1, 1989, offer for transportation,
33 transport, deliver, receive or accept special waste for which
34 a manifest is required, unless the manifest indicates that
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1 the fee required under Section 22.8 of this Act has been
2 paid.
3 (t) Cause or allow a lateral expansion of a municipal
4 solid waste landfill unit on or after October 9, 1993,
5 without a permit modification, granted by the Agency, that
6 authorizes the lateral expansion.
7 (u) Conduct any vegetable by-product treatment, storage,
8 disposal or transportation operation in violation of any
9 regulation, standards or permit requirements adopted by the
10 Board under this Act. However, no permit shall be required
11 under this Title V for the land application of vegetable
12 by-products conducted pursuant to Agency permit issued under
13 Title III of this Act to the generator of the vegetable
14 by-products. In addition, vegetable by-products may be
15 transported in this State without a special waste hauling
16 permit, and without the preparation and carrying of a
17 manifest.
18 (Source: P.A. 88-454; 88-496; 88-670, eff. 12-2-94; 89-93,
19 eff. 7-6-95; 89-535, eff. 7-19-96.)
20 (415 ILCS 5/22.38 new)
21 Sec. 22.38. Pilot program for recycling centers that
22 accept only general construction or demolition debris.
23 (a) Beginning on the effective date of this amendatory
24 Act of 1997, recycling centers that accept only general
25 construction or demolition debris may operate during a 2-year
26 pilot program in a county with a population of more than
27 700,000 but less than 1,000,000. An operator of a recycling
28 center accepting only general construction or demolition
29 debris shall report, at a minimum, the number and location of
30 the commercial or on-site general construction or demolition
31 debris recycling center, tonnage accepted, tonnage recycled,
32 and location of viable endmarkets for specific materials, to
33 the Department of Commerce and Community Affairs on a
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1 quarterly basis for the duration of the pilot program. The
2 Department shall (i) develop criteria to evaluate the
3 progress of the pilot program and (ii) submit a report of its
4 conclusions and recommendations regarding the program to the
5 Governor and the General Assembly within 60 days prior to the
6 termination of the program.
7 (b) Recycling centers that accept only general
8 construction or demolition debris may only be established in
9 areas subject to local zoning and must be operated in
10 accordance with applicable zoning laws.
11 (c) An owner or operator of a recycling center that
12 accepts only general construction or demolition debris shall:
13 (1) Sort general construction or demolition debris
14 to separate recyclable materials from wastes within 24
15 hours of receipt of the debris at the recycling center.
16 (2) Transport off site all nonrecyclable materials
17 and materials other than general construction or
18 demolition debris within 24 hours of their receipt at the
19 recycling center.
20 (3) Limit the percentage of incoming nonrecyclable
21 materials to 10% or less of each incoming load for
22 commercial construction or demolition debris recycling
23 centers and 30% or less of each incoming load for on-site
24 general construction or demolition debris recycling
25 centers.
26 (4) Transport all recyclable materials from the
27 recycling center for recycling or disposal within 45 days
28 of their receipt at the recycling center.
29 (5) Employ tagging and bookkeeping procedures to
30 demonstrate compliance with the timing requirements of
31 items (1), (2), and (4) of this subsection.
32 (6) Control dust and litter at the recycling
33 center.
34 (7) Implement measures to control disease vectors
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1 at the recycling center.
2 (8) Control and manage, in accordance with federal,
3 State, and local laws and regulations, any leachate that
4 is generated at the recycling center.
5 (9) Control access to the recycling center and post
6 a sign at the main entrance that states: the nature of
7 the recycling center's operations; any applicable penalty
8 for unauthorized trespass or dumping; and the name,
9 address, and telephone number of the person operating the
10 recycling center.
11 (10) At on-site general construction and demolition
12 debris recycling centers, post signs on each construction
13 and demolition debris container that list the type of
14 general construction and demolition debris that may be
15 placed in the container and state the applicable
16 penalties for dumping unlisted material into the
17 container.
18 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
19 Sec. 39.2. Local siting approval.
20 (a) The county board of the county or the governing body
21 of the municipality, as determined by paragraph (c) of
22 Section 39 of this Act, shall approve or disapprove the
23 request for local siting approval for each pollution control
24 facility which is subject to such review. An applicant for
25 local siting approval shall submit sufficient details
26 describing the proposed facility to demonstrate compliance,
27 and local siting approval shall be granted only if the
28 proposed facility meets the following criteria:
29 (i) the facility is necessary to accommodate the
30 waste needs of the area it is intended to serve;
31 (ii) the facility is so designed, located and
32 proposed to be operated that the public health, safety
33 and welfare will be protected;
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1 (iii) the facility is located so as to minimize
2 incompatibility with the character of the surrounding
3 area and to minimize the effect on the value of the
4 surrounding property;
5 (iv) the facility is located outside the boundary
6 of the 100 year flood plain or the site is flood-proofed;
7 (v) the plan of operations for the facility is
8 designed to minimize the danger to the surrounding area
9 from fire, spills, or other operational accidents;
10 (vi) the traffic patterns to or from the facility
11 are so designed as to minimize the impact on existing
12 traffic flows;
13 (vii) if the facility will be treating, storing or
14 disposing of hazardous waste, an emergency response plan
15 exists for the facility which includes notification,
16 containment and evacuation procedures to be used in case
17 of an accidental release;
18 (viii) if the facility is to be located in a county
19 where the county board has adopted a solid waste
20 management plan consistent with the planning requirements
21 of the Local Solid Waste Disposal Act or the Solid Waste
22 Planning and Recycling Act, the facility is consistent
23 with that plan; and
24 (ix) if the facility will be located within a
25 regulated recharge area, any applicable requirements
26 specified by the Board for such areas have been met.
27 The county board or the governing body of the
28 municipality may also consider as evidence the previous
29 operating experience and past record of convictions or
30 admissions of violations of the applicant (and any subsidiary
31 or parent corporation) in the field of solid waste management
32 when considering criteria (ii) and (v) under this Section.
33 (b) No later than 14 days prior to a request for
34 location approval the applicant shall cause written notice of
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1 such request to be served either in person or by registered
2 mail, return receipt requested, on the owners of all property
3 within the subject area not solely owned by the applicant,
4 and on the owners of all property within 250 feet in each
5 direction of the lot line of the subject property, said
6 owners being such persons or entities which appear from the
7 authentic tax records of the County in which such facility is
8 to be located; provided, that the number of all feet occupied
9 by all public roads, streets, alleys and other public ways
10 shall be excluded in computing the 250 feet requirement;
11 provided further, that in no event shall this requirement
12 exceed 400 feet, including public streets, alleys and other
13 public ways.
14 Such written notice shall also be served upon members of
15 the General Assembly from the legislative district in which
16 the proposed facility is located and shall be published in a
17 newspaper of general circulation published in the county in
18 which the site is located.
19 Such notice shall state the name and address of the
20 applicant, the location of the proposed site, the nature and
21 size of the development, the nature of the activity proposed,
22 the probable life of the proposed activity, the date when the
23 request for site approval will be submitted, and a
24 description of the right of persons to comment on such
25 request as hereafter provided.
26 (c) An applicant shall file a copy of its request with
27 the county board of the county or the governing body of the
28 municipality in which the proposed site is located. The
29 request shall include (i) the substance of the applicant's
30 proposal and (ii) all documents, if any, submitted as of that
31 date to the Agency pertaining to the proposed facility,
32 except trade secrets as determined under Section 7.1 of this
33 Act. All such documents or other materials on file with the
34 county board or governing body of the municipality shall be
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1 made available for public inspection at the office of the
2 county board or the governing body of the municipality and
3 may be copied upon payment of the actual cost of
4 reproduction.
5 Any person may file written comment with the county board
6 or governing body of the municipality concerning the
7 appropriateness of the proposed site for its intended
8 purpose. The county board or governing body of the
9 municipality shall consider any comment received or
10 postmarked not later than 30 days after the date of the last
11 public hearing.
12 (d) At least one public hearing is to be held by the
13 county board or governing body of the municipality no sooner
14 than 90 days but no later than 120 days from receipt of the
15 request for site approval, such hearing to be preceded by
16 published notice in a newspaper of general circulation
17 published in the county of the proposed site, and notice by
18 certified mail to all members of the General Assembly from
19 the district in which the proposed site is located, to the
20 governing authority of every municipality contiguous to the
21 proposed site or contiguous to the municipality in which the
22 proposed site is to be located, and to the Agency. The public
23 hearing shall develop a record sufficient to form the basis
24 of appeal of the decision in accordance with Section 40.1 of
25 this Act. The fact that a member of the county board or
26 governing body of the municipality has publicly expressed an
27 opinion on an issue related to a site review proceeding shall
28 not preclude the member from taking part in the proceeding
29 and voting on the issue.
30 (e) Decisions of the county board or governing body of
31 the municipality are to be in writing, specifying the reasons
32 for the decision, such reasons to be in conformance with
33 subsection (a) of this Section. In granting approval for a
34 site the county board or governing body of the municipality
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1 may impose such conditions as may be reasonable and necessary
2 to accomplish the purposes of this Section and as are not
3 inconsistent with regulations promulgated by the Board. Such
4 decision shall be available for public inspection at the
5 office of the county board or governing body of the
6 municipality and may be copied upon payment of the actual
7 cost of reproduction. If there is no final action by the
8 county board or governing body of the municipality within 180
9 days after the filing of the request for site approval the
10 applicant may deem the request approved.
11 At any time prior to completion by the applicant of the
12 presentation of the applicant's factual evidence and an
13 opportunity for cross-questioning by the county board or
14 governing body of the municipality and any participants, the
15 applicant may file not more than one amended application upon
16 payment of additional fees pursuant to subsection (k); in
17 which case the time limitation for final action set forth in
18 this subsection (e) shall be extended for an additional
19 period of 90 days.
20 (f) A local siting approval granted under this Section
21 shall expire at the end of 2 calendar years from the date
22 upon which it was granted, unless the local siting approval
23 granted under this Section is for a sanitary landfill
24 operation, in which case the approval shall expire at the end
25 of 3 calendar years from the date upon which it was granted,
26 and unless within that period the applicant has made
27 application to the Agency for a permit to develop the site.
28 In the event that the local siting decision has been
29 appealed, such expiration period shall be deemed to begin on
30 the date upon which the appeal process is concluded.
31 Except as otherwise provided in this subsection, upon the
32 expiration of a development permit under subsection (k) of
33 Section 39, any associated local siting approval granted for
34 the facility under this Section shall also expire.
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1 If a first development permit for a municipal waste
2 incineration facility expires under subsection (k) of Section
3 39 after September 30, 1989 due to circumstances beyond the
4 control of the applicant, any associated local siting
5 approval granted for the facility under this Section may be
6 used to fulfill the local siting approval requirement upon
7 application for a second development permit for the same
8 site, provided that the proposal in the new application is
9 materially the same, with respect to the criteria in
10 subsection (a) of this Section, as the proposal that received
11 the original siting approval, and application for the second
12 development permit is made before January 1, 1990.
13 (g) The siting approval procedures, criteria and appeal
14 procedures provided for in this Act for new pollution control
15 facilities shall be the exclusive siting procedures and rules
16 and appeal procedures for facilities subject to such
17 procedures. Local zoning or other local land use requirements
18 shall not be applicable to such siting decisions.
19 (h) Nothing in this Section shall apply to any existing
20 or new pollution control facility located within the
21 corporate limits of a municipality with a population of over
22 1,000,000.
23 (i) The Department shall make a study of technical
24 considerations relating to the siting of new pollution
25 control facilities. Such study shall include, but need not be
26 limited to, a determination of the geologic and hydrologic
27 conditions in the State most suitable for the siting of such
28 facilities, the establishment of a data base on such
29 conditions in Illinois, and recommendations for the
30 establishment of technical guidelines and criteria to be used
31 in making such siting decisions. The Department shall report
32 such study and recommendations to the General Assembly, the
33 Governor, the Board and the public no later than October 1,
34 1984.
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1 The Board shall adopt regulations establishing the
2 geologic and hydrologic siting criteria necessary to protect
3 usable groundwater resources which are to be followed by the
4 Agency in its review of permit applications for new pollution
5 control facilities. Such regulations, insofar as they apply
6 to new pollution control facilities authorized to store,
7 treat or dispose of any hazardous waste, shall be at least as
8 stringent as the requirements of the Resource Conservation
9 and Recovery Act and any State or federal regulations adopted
10 pursuant thereto.
11 (j) Any new pollution control facility which has never
12 obtained local siting approval under the provisions of this
13 Section shall be required to obtain such approval after a
14 final decision on an appeal of a permit denial.
15 (k) A county board or governing body of a municipality
16 may charge applicants for siting review under this Section a
17 reasonable fee to cover the reasonable and necessary costs
18 incurred by such county or municipality in the siting review
19 process.
20 (l) The governing Authority as determined by subsection
21 (c) of Section 39 of this Act may request the Department of
22 Transportation to perform traffic impact studies of proposed
23 or potential locations for required pollution control
24 facilities.
25 (m) An applicant may not file a request for local siting
26 approval which is substantially the same as a request which
27 was disapproved pursuant to a finding against the applicant
28 under any of criteria (i) through (ix) of subsection (a) of
29 this Section within the preceding 2 years.
30 (n) In any review proceeding of a decision of the county
31 board or governing body of a municipality made pursuant to
32 the local siting review process, the petitioner in the review
33 proceeding shall pay to the county or municipality the cost
34 of preparing and certifying the record of proceedings.
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1 Should the petitioner in the review proceeding fail to make
2 payment, the provisions of Section 3-109 of the Code of Civil
3 Procedure shall apply.
4 In the event the petitioner is a citizens' group that
5 participated in the siting proceeding and is so located as to
6 be affected by the proposed facility, such petitioner shall
7 be exempt from paying the costs of preparing and certifying
8 the record.
9 (o) Notwithstanding any other provision of this Section
10 or Section 39 of this Act, a transfer station used
11 exclusively for landscape waste, where landscape waste is
12 held no longer than 24 hours from the time it was received,
13 is not subject to the requirements of local siting approval
14 under this Section, but is subject only to local zoning
15 approval.
16 (p) Notwithstanding any other provision of this Section
17 or Section 39 of this Act, a recycling center that accepts
18 only general construction or demolition debris under the
19 2-year pilot program set forth in Section 22.38 of this Act
20 is not subject to the requirements of local siting approval
21 under this Section, but is subject only to local zoning
22 approval.
23 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
24 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
25 8-9-96.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.".