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90_HB3287
5 ILCS 100/1-5 from Ch. 127, par. 1001-5
415 ILCS 5/13.4 new
415 ILCS 5/15 from Ch. 111 1/2, par. 1015
415 ILCS 5/18 from Ch. 111 1/2, par. 1018
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
415 ILCS 5/39.3 from Ch. 111 1/2, par. 1039.3
Amends the Illinois Administrative Procedure Act and the
Environmental Protection Act. Requires the Agency to design
a pretreatment market system to provide flexibility for
municipalities and their tributary industries to develop
cost-effective solutions to reduce the level of pollutants.
Provides that new public water supplies shall demonstrate
technical, financial, and managerial capacity and capability
as a condition for issuance of a construction or operating
permit. Provides that the Administrative Procedure Act does
not apply to permit application hearings under the
Environmental Protection Act. Effective immediately.
LRB9008965LDdv
LRB9008965LDdv
1 AN ACT concerning environmental protection, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Administrative Procedure Act is
6 amended by changing Section 1-5 as follows:
7 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
8 Sec. 1-5. Applicability.
9 (a) This Act applies to every agency as defined in this
10 Act. Beginning January 1, 1978, in case of conflict between
11 the provisions of this Act and the Act creating or conferring
12 power on an agency, this Act shall control. If, however, an
13 agency (or its predecessor in the case of an agency that has
14 been consolidated or reorganized) has existing procedures on
15 July 1, 1977, specifically for contested cases or licensing,
16 those existing provisions control, except that this exception
17 respecting contested cases and licensing does not apply if
18 the Act creating or conferring power on the agency adopts by
19 express reference the provisions of this Act. Where the Act
20 creating or conferring power on an agency establishes
21 administrative procedures not covered by this Act, those
22 procedures shall remain in effect.
23 (b) The provisions of this Act do not apply to (i)
24 preliminary hearings, investigations, or practices where no
25 final determinations affecting State funding are made by the
26 State Board of Education, (ii) legal opinions issued under
27 Section 2-3.7 of the School Code, (iii) as to State colleges
28 and universities, their disciplinary and grievance
29 proceedings, academic irregularity and capricious grading
30 proceedings, and admission standards and procedures, and (iv)
31 the class specifications for positions and individual
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1 position descriptions prepared and maintained under the
2 Personnel Code. Those class specifications shall, however,
3 be made reasonably available to the public for inspection and
4 copying. The provisions of this Act do not apply to hearings
5 under Section 20 of the Uniform Disposition of Unclaimed
6 Property Act or to permit application hearings under the
7 Environmental Protection Act.
8 (c) Section 5-35 of this Act relating to procedures for
9 rulemaking does not apply to the following:
10 (1) Rules adopted by the Pollution Control Board
11 that, in accordance with Section 7.2 of the Environmental
12 Protection Act, are identical in substance to federal
13 regulations or amendments to those regulations
14 implementing the following: Sections 3001, 3002, 3003,
15 3004, 3005, and 9003 of the Solid Waste Disposal Act;
16 Section 105 of the Comprehensive Environmental Response,
17 Compensation, and Liability Act of 1980; Sections 307(b),
18 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
19 Water Pollution Control Act; and Sections 1412(b),
20 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
21 Water Act.
22 (2) Rules adopted by the Pollution Control Board
23 that establish or amend standards for the emission of
24 hydrocarbons and carbon monoxide from gasoline powered
25 motor vehicles subject to inspection under Section
26 13A-105 of the Vehicle Emissions Inspection Law and rules
27 adopted under Section 13B-20 of the Vehicle Emissions
28 Inspection Law of 1995.
29 (3) Procedural rules adopted by the Pollution
30 Control Board governing requests for exceptions under
31 Section 14.2 of the Environmental Protection Act.
32 (4) The Pollution Control Board's grant, pursuant
33 to an adjudicatory determination, of an adjusted standard
34 for persons who can justify an adjustment consistent with
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1 subsection (a) of Section 27 of the Environmental
2 Protection Act.
3 (5) Rules adopted by the Pollution Control Board
4 that are identical in substance to the regulations
5 adopted by the Office of the State Fire Marshal under
6 clause (ii) of paragraph (b) of subsection (3) of Section
7 2 of the Gasoline Storage Act.
8 (d) Pay rates established under Section 8a of the
9 Personnel Code shall be amended or repealed pursuant to the
10 process set forth in Section 5-50 within 30 days after it
11 becomes necessary to do so due to a conflict between the
12 rates and the terms of a collective bargaining agreement
13 covering the compensation of an employee subject to that
14 Code.
15 (e) Section 10-45 of this Act shall not apply to any
16 hearing, proceeding, or investigation conducted under Section
17 13-515 of the Public Utilities Act.
18 (Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
19 revised 10-24-97.)
20 Section 10. The Environmental Protection Act is amended
21 by changing Sections 15, 18, 39, and 39.3 and adding Section
22 13.4 as follows:
23 (415 ILCS 5/13.4 new)
24 Sec. 13.4. Pretreatment market system.
25 (a) The General Assembly finds:
26 (1) That achieving compliance with federal, State,
27 and local pretreatment regulatory requirements calls for
28 innovative and cost-effective implementation strategies.
29 (2) That economic incentives and market-based
30 approaches can be used to achieve pretreatment compliance
31 in an innovative and cost-effective manner.
32 (3) That development and operation of a
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1 pretreatment market system should significantly lessen
2 the economic impacts associated with implementation of
3 the pretreatment requirements and still achieve the
4 desired water quality, sludge quality, and protection of
5 the sewers and treatment system.
6 (b) The Agency shall design a pretreatment market system
7 that will provide more flexibility for municipalities and
8 their tributary industries to develop cost-effective
9 solutions and will result in at least the total pollutant
10 reduction as achieved by the current application of federal
11 categorical standards, State pretreatment limits, and locally
12 derived limits. Such a system should also assist
13 publicly-owned treatment works in meeting applicable NPDES
14 permit limits and prevent the industries tributary to their
15 system from discharging pollutants in quantities that would
16 interfere with the operation of the municipal sewer system.
17 In developing this system, the Agency shall consult with
18 interested publicly-owned treatment works and industrial
19 users to ensure that relevant economic, environmental, and
20 administrative factors are taken into account. As necessary,
21 the Agency shall also consult with the United States
22 Environmental Protection Agency regarding the suitability of
23 such a system.
24 (c) Notwithstanding the other provisions of this Act, a
25 publicly-owned treatment works may implement a pretreatment
26 market system that is consistent with subsection (b) of this
27 Section, provided that the publicly-owned treatment works:
28 (1) operates an approved local pretreatment program
29 pursuant to State and federal NPDES regulations;
30 (2) is not currently subject to enforcement action
31 for violation of NPDES requirements;
32 (3) receives wastewater from industrial users that
33 are subject to federal categorical pretreatment standards
34 or approved local pretreatment limits; and
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1 (4) has modified, as appropriate, the local
2 pretreatment program to incorporate such market system.
3 (d) Prior to implementation of any pretreatment market
4 system, a publicly-owned treatment works shall notify the
5 Agency in writing of its intention and request the Agency to
6 make a consistency determination regarding the local system.
7 Within 120 days, the Agency shall provide the determination
8 in writing to the publicly-owned treatment works.
9 (e) Notwithstanding the other provisions of this Act,
10 any industrial user that is tributary to a publicly-owned
11 treatment works with a pretreatment market system shall be
12 eligible to exchange trading units with other industrial
13 users tributary to the same publicly-owned treatment works or
14 with the publicly-owned treatment works to which it is
15 tributary.
16 (415 ILCS 5/15) (from Ch. 111 1/2, par. 1015)
17 Sec. 15. Plans and specifications; demonstration of
18 capability.
19 (a) Owners of public water supplies, their authorized
20 representative, or legal custodians, shall submit plans and
21 specifications to the Agency and obtain written approval
22 before construction of any proposed public water supply
23 installations, changes, or additions is started. Plans and
24 specifications shall be complete and of sufficient detail to
25 show all proposed construction, changes, or additions that
26 may affect sanitary quality, mineral quality, or adequacy of
27 the public water supply; and, where necessary, said plans and
28 specifications shall be accompanied by supplemental data as
29 may be required by the Agency to permit a complete review
30 thereof.
31 (b) All new public water supplies shall demonstrate
32 technical, financial, and managerial capacity and capability
33 as a condition for issuance of a construction or operating
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1 permit by the Agency or its designee. The demonstration
2 shall be consistent with the technical, financial, and
3 managerial provisions of the federal Safe Drinking Water Act
4 (P.L. 93-532), as now or hereafter amended. The Agency is
5 authorized to adopt regulations to implement the purposes of
6 this subsection.
7 (Source: P.A. 76-2429.)
8 (415 ILCS 5/18) (from Ch. 111 1/2, par. 1018)
9 Sec. 18. Prohibitions; plugging requirements.
10 (a) No person shall:
11 (1) Knowingly cause, threaten or allow the
12 distribution of water from any public water supply of
13 such quality or quantity as to be injurious to human
14 health; or
15 (2) Violate regulations or standards adopted by the
16 Board or regulations adopted by the Agency under this
17 Act; or
18 (3) Construct, install or operate any public water
19 supply without a permit granted by the Agency, or in
20 violation of any condition imposed by such a permit.
21 (b) Borings, water monitoring wells, and wells subject
22 to this Act shall, at a minimum, be abandoned and plugged in
23 accordance with the requirements of Sections 16 and 19 of "An
24 Act in relation to oil, gas, coal and other surface and
25 underground resources and to repeal an Act herein named",
26 filed July 29, 1941, as amended, and such rules as are
27 promulgated thereunder. Nothing herein shall preclude the
28 Board from adopting plugging and abandonment requirements
29 which are more stringent than the rules of the Department of
30 Natural Resources where necessary to protect the public
31 health and environment.
32 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
2 Sec. 39. Issuance of permits; procedures.
3 (a) When the Board has by regulation required a permit
4 for the construction, installation, or operation of any type
5 of facility, equipment, vehicle, vessel, or aircraft, the
6 applicant shall apply to the Agency for such permit and it
7 shall be the duty of the Agency to issue such a permit upon
8 proof by the applicant that the facility, equipment, vehicle,
9 vessel, or aircraft will not cause a violation of this Act or
10 of regulations hereunder. The Agency shall adopt such
11 procedures as are necessary to carry out its duties under
12 this Section. In granting permits the Agency may impose such
13 conditions as may be necessary to accomplish the purposes of
14 this Act, and as are not inconsistent with the regulations
15 promulgated by the Board hereunder. Except as otherwise
16 provided in this Act, a bond or other security shall not be
17 required as a condition for the issuance of a permit. If the
18 Agency denies any permit under this Section, the Agency shall
19 transmit to the applicant within the time limitations of this
20 Section specific, detailed statements as to the reasons the
21 permit application was denied. Such statements shall
22 include, but not be limited to the following:
23 (i) the Sections of this Act which may be violated
24 if the permit were granted;
25 (ii) the provision of the regulations, promulgated
26 under this Act, which may be violated if the permit were
27 granted;
28 (iii) the specific type of information, if any,
29 which the Agency deems the applicant did not provide the
30 Agency; and
31 (iv) a statement of specific reasons why the Act
32 and the regulations might not be met if the permit were
33 granted.
34 If there is no final action by the Agency within 90 days
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1 after the filing of the application for permit, the applicant
2 may deem the permit issued; except that this time period
3 shall be extended to 180 days when (1) notice and
4 opportunity for public hearing are required by State or
5 federal law or regulation, (2) the application which was
6 filed is for any permit to develop a landfill subject to
7 issuance pursuant to this subsection, or (3) the application
8 that was filed is for a MSWLF unit required to issue public
9 notice under subsection (p) of Section 39.
10 The Agency shall publish notice of all final permit
11 determinations for development permits for MSWLF units and
12 for significant permit modifications for lateral expansions
13 for existing MSWLF units one time in a newspaper of general
14 circulation in the county in which the unit is or is proposed
15 to be located.
16 After January 1, 1994 and until July 1, 1998, operating
17 permits issued under this Section by the Agency for sources
18 of air pollution permitted to emit less than 25 tons per year
19 of any combination of regulated air pollutants, as defined in
20 Section 39.5 of this Act, shall be required to be renewed
21 only upon written request by the Agency consistent with
22 applicable provisions of this Act and regulations promulgated
23 hereunder. Such operating permits shall expire 180 days
24 after the date of such a request. The Board shall revise its
25 regulations for the existing State air pollution operating
26 permit program consistent with this provision by January 1,
27 1994.
28 After June 30, 1998, operating permits issued under this
29 Section by the Agency for sources of air pollution that are
30 not subject to Section 39.5 of this Act and are not required
31 to have a federally enforceable State operating permit shall
32 be required to be renewed only upon written request by the
33 Agency consistent with applicable provisions of this Act and
34 its rules. Such operating permits shall expire 180 days
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1 after the date of such a request. Before July 1, 1998, the
2 Board shall revise its rules for the existing State air
3 pollution operating permit program consistent with this
4 paragraph and shall adopt rules that require a source to
5 demonstrate that it qualifies for a permit under this
6 paragraph.
7 (b) The Agency may issue NPDES permits exclusively under
8 this subsection for the discharge of contaminants from point
9 sources into navigable waters, all as defined in the Federal
10 Water Pollution Control Act, as now or hereafter amended,
11 within the jurisdiction of the State, or into any well.
12 All NPDES permits shall contain those terms and
13 conditions, including but not limited to schedules of
14 compliance, which may be required to accomplish the purposes
15 and provisions of this Act.
16 The Agency may issue general NPDES permits for discharges
17 from categories of point sources which are subject to the
18 same permit limitations and conditions. Such general permits
19 may be issued without individual applications and shall
20 conform to regulations promulgated under Section 402 of the
21 Federal Water Pollution Control Act, as now or hereafter
22 amended.
23 The Agency may include, among such conditions, effluent
24 limitations and other requirements established under this
25 Act, Board regulations, the Federal Water Pollution Control
26 Act, as now or hereafter amended, and regulations pursuant
27 thereto, and schedules for achieving compliance therewith at
28 the earliest reasonable date.
29 The Agency shall adopt filing requirements and procedures
30 which are necessary and appropriate for the issuance of NPDES
31 permits, and which are consistent with the Act or regulations
32 adopted by the Board, and with the Federal Water Pollution
33 Control Act, as now or hereafter amended, and regulations
34 pursuant thereto.
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1 The Agency, subject to any conditions which may be
2 prescribed by Board regulations, may issue NPDES permits to
3 allow discharges beyond deadlines established by this Act or
4 by regulations of the Board without the requirement of a
5 variance, subject to the Federal Water Pollution Control Act,
6 as now or hereafter amended, and regulations pursuant
7 thereto.
8 (c) Except for those facilities owned or operated by
9 sanitary districts organized under the Metropolitan Water
10 Reclamation District Act, no permit for the development or
11 construction of a new pollution control facility may be
12 granted by the Agency unless the applicant submits proof to
13 the Agency that the location of the facility has been
14 approved by the County Board of the county if in an
15 unincorporated area, or the governing body of the
16 municipality when in an incorporated area, in which the
17 facility is to be located in accordance with Section 39.2 of
18 this Act.
19 In the event that siting approval granted pursuant to
20 Section 39.2 has been transferred to a subsequent owner or
21 operator, that subsequent owner or operator may apply to the
22 Agency for, and the Agency may grant, a development or
23 construction permit for the facility for which local siting
24 approval was granted. Upon application to the Agency for a
25 development or construction permit by that subsequent owner
26 or operator, the permit applicant shall cause written notice
27 of the permit application to be served upon the appropriate
28 county board or governing body of the municipality that
29 granted siting approval for that facility and upon any party
30 to the siting proceeding pursuant to which siting approval
31 was granted. In that event, the Agency shall conduct an
32 evaluation of the subsequent owner or operator's prior
33 experience in waste management operations in the manner
34 conducted under subsection (i) of Section 39 of this Act.
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1 Beginning August 20, 1993, if the pollution control
2 facility consists of a hazardous or solid waste disposal
3 facility for which the proposed site is located in an
4 unincorporated area of a county with a population of less
5 than 100,000 and includes all or a portion of a parcel of
6 land that was, on April 1, 1993, adjacent to a municipality
7 having a population of less than 5,000, then the local siting
8 review required under this subsection (c) in conjunction with
9 any permit applied for after that date shall be performed by
10 the governing body of that adjacent municipality rather than
11 the county board of the county in which the proposed site is
12 located; and for the purposes of that local siting review,
13 any references in this Act to the county board shall be
14 deemed to mean the governing body of that adjacent
15 municipality; provided, however, that the provisions of this
16 paragraph shall not apply to any proposed site which was, on
17 April 1, 1993, owned in whole or in part by another
18 municipality.
19 In the case of a pollution control facility for which a
20 development permit was issued before November 12, 1981, if an
21 operating permit has not been issued by the Agency prior to
22 August 31, 1989 for any portion of the facility, then the
23 Agency may not issue or renew any development permit nor
24 issue an original operating permit for any portion of such
25 facility unless the applicant has submitted proof to the
26 Agency that the location of the facility has been approved by
27 the appropriate county board or municipal governing body
28 pursuant to Section 39.2 of this Act.
29 After January 1, 1994, if a solid waste disposal
30 facility, any portion for which an operating permit has been
31 issued by the Agency, has not accepted waste disposal for 5
32 or more consecutive calendars years, before that facility may
33 accept any new or additional waste for disposal, the owner
34 and operator must obtain a new operating permit under this
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1 Act for that facility unless the owner and operator have
2 applied to the Agency for a permit authorizing the temporary
3 suspension of waste acceptance. The Agency may not issue a
4 new operation permit under this Act for the facility unless
5 the applicant has submitted proof to the Agency that the
6 location of the facility has been approved or re-approved by
7 the appropriate county board or municipal governing body
8 under Section 39.2 of this Act after the facility ceased
9 accepting waste.
10 Except for those facilities owned or operated by sanitary
11 districts organized under the Metropolitan Water Reclamation
12 District Act, and except for new pollution control facilities
13 governed by Section 39.2, and except for fossil fuel mining
14 facilities, the granting of a permit under this Act shall not
15 relieve the applicant from meeting and securing all necessary
16 zoning approvals from the unit of government having zoning
17 jurisdiction over the proposed facility.
18 Before beginning construction on any new sewage treatment
19 plant or sludge drying site to be owned or operated by a
20 sanitary district organized under the Metropolitan Water
21 Reclamation District Act for which a new permit (rather than
22 the renewal or amendment of an existing permit) is required,
23 such sanitary district shall hold a public hearing within the
24 municipality within which the proposed facility is to be
25 located, or within the nearest community if the proposed
26 facility is to be located within an unincorporated area, at
27 which information concerning the proposed facility shall be
28 made available to the public, and members of the public shall
29 be given the opportunity to express their views concerning
30 the proposed facility.
31 The Agency may issue a permit for a municipal waste
32 transfer station without requiring approval pursuant to
33 Section 39.2 provided that the following demonstration is
34 made:
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1 (1) the municipal waste transfer station was in
2 existence on or before January 1, 1979 and was in
3 continuous operation from January 1, 1979 to January 1,
4 1993;
5 (2) the operator submitted a permit application to
6 the Agency to develop and operate the municipal waste
7 transfer station during April of 1994;
8 (3) the operator can demonstrate that the county
9 board of the county, if the municipal waste transfer
10 station is in an unincorporated area, or the governing
11 body of the municipality, if the station is in an
12 incorporated area, does not object to resumption of the
13 operation of the station; and
14 (4) the site has local zoning approval.
15 (d) The Agency may issue RCRA permits exclusively under
16 this subsection to persons owning or operating a facility for
17 the treatment, storage, or disposal of hazardous waste as
18 defined under this Act.
19 All RCRA permits shall contain those terms and
20 conditions, including but not limited to schedules of
21 compliance, which may be required to accomplish the purposes
22 and provisions of this Act. The Agency may include among
23 such conditions standards and other requirements established
24 under this Act, Board regulations, the Resource Conservation
25 and Recovery Act of 1976 (P.L. 94-580), as amended, and
26 regulations pursuant thereto, and may include schedules for
27 achieving compliance therewith as soon as possible. The
28 Agency shall require that a performance bond or other
29 security be provided as a condition for the issuance of a
30 RCRA permit.
31 In the case of a permit to operate a hazardous waste or
32 PCB incinerator as defined in subsection (k) of Section 44,
33 the Agency shall require, as a condition of the permit, that
34 the operator of the facility perform such analyses of the
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1 waste to be incinerated as may be necessary and appropriate
2 to ensure the safe operation of the incinerator.
3 The Agency shall adopt filing requirements and procedures
4 which are necessary and appropriate for the issuance of RCRA
5 permits, and which are consistent with the Act or regulations
6 adopted by the Board, and with the Resource Conservation and
7 Recovery Act of 1976 (P.L. 94-580), as amended, and
8 regulations pursuant thereto.
9 The applicant shall make available to the public for
10 inspection all documents submitted by the applicant to the
11 Agency in furtherance of an application, with the exception
12 of trade secrets, at the office of the county board or
13 governing body of the municipality. Such documents may be
14 copied upon payment of the actual cost of reproduction during
15 regular business hours of the local office. The Agency shall
16 issue a written statement concurrent with its grant or denial
17 of the permit explaining the basis for its decision.
18 (e) The Agency may issue UIC permits exclusively under
19 this subsection to persons owning or operating a facility for
20 the underground injection of contaminants as defined under
21 this Act.
22 All UIC permits shall contain those terms and conditions,
23 including but not limited to schedules of compliance, which
24 may be required to accomplish the purposes and provisions of
25 this Act. The Agency may include among such conditions
26 standards and other requirements established under this Act,
27 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
28 as amended, and regulations pursuant thereto, and may include
29 schedules for achieving compliance therewith. The Agency
30 shall require that a performance bond or other security be
31 provided as a condition for the issuance of a UIC permit.
32 The Agency shall adopt filing requirements and procedures
33 which are necessary and appropriate for the issuance of UIC
34 permits, and which are consistent with the Act or regulations
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1 adopted by the Board, and with the Safe Drinking Water Act
2 (P.L. 93-523), as amended, and regulations pursuant thereto.
3 The applicant shall make available to the public for
4 inspection, all documents submitted by the applicant to the
5 Agency in furtherance of an application, with the exception
6 of trade secrets, at the office of the county board or
7 governing body of the municipality. Such documents may be
8 copied upon payment of the actual cost of reproduction during
9 regular business hours of the local office. The Agency shall
10 issue a written statement concurrent with its grant or denial
11 of the permit explaining the basis for its decision.
12 (f) In making any determination pursuant to Section 9.1
13 of this Act:
14 (1) The Agency shall have authority to make the
15 determination of any question required to be determined
16 by the Clean Air Act, as now or hereafter amended, this
17 Act, or the regulations of the Board, including the
18 determination of the Lowest Achievable Emission Rate,
19 Maximum Achievable Control Technology, or Best Available
20 Control Technology, consistent with the Board's
21 regulations, if any.
22 (2) The Agency shall, after conferring with the
23 applicant, give written notice to the applicant of its
24 proposed decision on the application including the terms
25 and conditions of the permit to be issued and the facts,
26 conduct or other basis upon which the Agency will rely to
27 support its proposed action.
28 (3) Following such notice, the Agency shall give
29 the applicant an opportunity for a hearing in accordance
30 with the provisions of Sections 10-25 through 10-60 of
31 the Illinois Administrative Procedure Act.
32 (g) The Agency shall include as conditions upon all
33 permits issued for hazardous waste disposal sites such
34 restrictions upon the future use of such sites as are
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1 reasonably necessary to protect public health and the
2 environment, including permanent prohibition of the use of
3 such sites for purposes which may create an unreasonable risk
4 of injury to human health or to the environment. After
5 administrative and judicial challenges to such restrictions
6 have been exhausted, the Agency shall file such restrictions
7 of record in the Office of the Recorder of the county in
8 which the hazardous waste disposal site is located.
9 (h) A hazardous waste stream may not be deposited in a
10 permitted hazardous waste site unless specific authorization
11 is obtained from the Agency by the generator and disposal
12 site owner and operator for the deposit of that specific
13 hazardous waste stream. The Agency may grant specific
14 authorization for disposal of hazardous waste streams only
15 after the generator has reasonably demonstrated that,
16 considering technological feasibility and economic
17 reasonableness, the hazardous waste cannot be reasonably
18 recycled for reuse, nor incinerated or chemically, physically
19 or biologically treated so as to neutralize the hazardous
20 waste and render it nonhazardous. In granting authorization
21 under this Section, the Agency may impose such conditions as
22 may be necessary to accomplish the purposes of the Act and
23 are consistent with this Act and regulations promulgated by
24 the Board hereunder. If the Agency refuses to grant
25 authorization under this Section, the applicant may appeal as
26 if the Agency refused to grant a permit, pursuant to the
27 provisions of subsection (a) of Section 40 of this Act. For
28 purposes of this subsection (h), the term "generator" has the
29 meaning given in Section 3.12 of this Act, unless: (1) the
30 hazardous waste is treated, incinerated, or partially
31 recycled for reuse prior to disposal, in which case the last
32 person who treats, incinerates, or partially recycles the
33 hazardous waste prior to disposal is the generator; or (2)
34 the hazardous waste is from a response action, in which case
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1 the person performing the response action is the generator.
2 This subsection (h) does not apply to any hazardous waste
3 that is restricted from land disposal under 35 Ill. Adm. Code
4 728.
5 (i) Before issuing any RCRA permit or any permit for a
6 waste storage site, sanitary landfill, waste disposal site,
7 waste transfer station, waste treatment facility, waste
8 incinerator, or any waste-transportation operation, the
9 Agency shall conduct an evaluation of the prospective owner's
10 or operator's prior experience in waste management
11 operations. The Agency may deny such a permit if the
12 prospective owner or operator or any employee or officer of
13 the prospective owner or operator has a history of:
14 (1) repeated violations of federal, State, or local
15 laws, regulations, standards, or ordinances in the
16 operation of waste management facilities or sites; or
17 (2) conviction in this or another State of any
18 crime which is a felony under the laws of this State, or
19 conviction of a felony in a federal court; or
20 (3) proof of gross carelessness or incompetence in
21 handling, storing, processing, transporting or disposing
22 of waste.
23 (j) The issuance under this Act of a permit to engage in
24 the surface mining of any resources other than fossil fuels
25 shall not relieve the permittee from its duty to comply with
26 any applicable local law regulating the commencement,
27 location or operation of surface mining facilities.
28 (k) A development permit issued under subsection (a) of
29 Section 39 for any facility or site which is required to have
30 a permit under subsection (d) of Section 21 shall expire at
31 the end of 2 calendar years from the date upon which it was
32 issued, unless within that period the applicant has taken
33 action to develop the facility or the site. In the event that
34 review of the conditions of the development permit is sought
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1 pursuant to Section 40 or 41, or permittee is prevented from
2 commencing development of the facility or site by any other
3 litigation beyond the permittee's control, such two-year
4 period shall be deemed to begin on the date upon which such
5 review process or litigation is concluded.
6 (l) No permit shall be issued by the Agency under this
7 Act for construction or operation of any facility or site
8 located within the boundaries of any setback zone established
9 pursuant to this Act, where such construction or operation is
10 prohibited.
11 (m) The Agency may issue permits to persons owning or
12 operating a facility for composting landscape waste. In
13 granting such permits, the Agency may impose such conditions
14 as may be necessary to accomplish the purposes of this Act,
15 and as are not inconsistent with applicable regulations
16 promulgated by the Board. Except as otherwise provided in
17 this Act, a bond or other security shall not be required as a
18 condition for the issuance of a permit. If the Agency denies
19 any permit pursuant to this subsection, the Agency shall
20 transmit to the applicant within the time limitations of this
21 subsection specific, detailed statements as to the reasons
22 the permit application was denied. Such statements shall
23 include but not be limited to the following:
24 (1) the Sections of this Act that may be violated
25 if the permit were granted;
26 (2) the specific regulations promulgated pursuant
27 to this Act that may be violated if the permit were
28 granted;
29 (3) the specific information, if any, the Agency
30 deems the applicant did not provide in its application to
31 the Agency; and
32 (4) a statement of specific reasons why the Act and
33 the regulations might be violated if the permit were
34 granted.
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1 If no final action is taken by the Agency within 90 days
2 after the filing of the application for permit, the applicant
3 may deem the permit issued. Any applicant for a permit may
4 waive the 90 day limitation by filing a written statement
5 with the Agency.
6 The Agency shall issue permits for such facilities upon
7 receipt of an application that includes a legal description
8 of the site, a topographic map of the site drawn to the scale
9 of 200 feet to the inch or larger, a description of the
10 operation, including the area served, an estimate of the
11 volume of materials to be processed, and documentation that:
12 (1) the facility includes a setback of at least 200
13 feet from the nearest potable water supply well;
14 (2) the facility is located outside the boundary of
15 the 10-year floodplain or the site will be floodproofed;
16 (3) the facility is located so as to minimize
17 incompatibility with the character of the surrounding
18 area, including at least a 200 foot setback from any
19 residence, and in the case of a facility that is
20 developed or the permitted composting area of which is
21 expanded after November 17, 1991, the composting area is
22 located at least 1/8 mile from the nearest residence
23 (other than a residence located on the same property as
24 the facility);
25 (4) the design of the facility will prevent any
26 compost material from being placed within 5 feet of the
27 water table, will adequately control runoff from the
28 site, and will collect and manage any leachate that is
29 generated on the site;
30 (5) the operation of the facility will include
31 appropriate dust and odor control measures, limitations
32 on operating hours, appropriate noise control measures
33 for shredding, chipping and similar equipment, management
34 procedures for composting, containment and disposal of
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1 non-compostable wastes, procedures to be used for
2 terminating operations at the site, and recordkeeping
3 sufficient to document the amount of materials received,
4 composted and otherwise disposed of; and
5 (6) the operation will be conducted in accordance
6 with any applicable rules adopted by the Board.
7 The Agency shall issue renewable permits of not longer
8 than 10 years in duration for the composting of landscape
9 wastes, as defined in Section 3.70 of this Act, based on the
10 above requirements.
11 The operator of any facility permitted under this
12 subsection (m) must submit a written annual statement to the
13 Agency on or before April 1 of each year that includes an
14 estimate of the amount of material, in tons, received for
15 composting.
16 (n) The Agency shall issue permits jointly with the
17 Department of Transportation for the dredging or deposit of
18 material in Lake Michigan in accordance with Section 18 of
19 the Rivers, Lakes, and Streams Act.
20 (o) From September 4, 1990 until December 31, 1993, no
21 permit shall be issued by the Agency for the development or
22 construction of any new facility intended to be used for the
23 incineration of any hazardous waste. This subsection shall
24 not apply to facilities intended for use for combustion of
25 potentially infectious medical waste, for use as part of a
26 State or federally designated clean-up action, or for use
27 solely for the conduct of research and the development and
28 demonstration of technologies for the incineration of
29 hazardous waste.
30 (p) (1) Any person submitting an application for a
31 permit for a new MSWLF unit or for a lateral expansion under
32 subsection (t) of Section 21 of this Act for an existing
33 MSWLF unit that has not received and is not subject to local
34 siting approval under Section 39.2 of this Act shall publish
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1 notice of the application in a newspaper of general
2 circulation in the county in which the MSWLF unit is or is
3 proposed to be located. The notice must be published at
4 least 15 days before submission of the permit application to
5 the Agency. The notice shall state the name and address of
6 the applicant, the location of the MSWLF unit or proposed
7 MSWLF unit, the nature and size of the MSWLF unit or proposed
8 MSWLF unit, the nature of the activity proposed, the probable
9 life of the proposed activity, the date the permit
10 application will be submitted, and a statement that persons
11 may file written comments with the Agency concerning the
12 permit application within 30 days after the filing of the
13 permit application unless the time period to submit comments
14 is extended by the Agency.
15 When a permit applicant submits information to the Agency
16 to supplement a permit application being reviewed by the
17 Agency, the applicant shall not be required to reissue the
18 notice under this subsection.
19 (2) The Agency shall accept written comments concerning
20 the permit application that are postmarked no later than then
21 30 days after the filing of the permit application, unless
22 the time period to accept comments is extended by the Agency.
23 (3) Each applicant for a permit described in part (1) of
24 this subsection shall file a copy of the permit application
25 with the county board or governing body of the municipality
26 in which the MSWLF unit is or is proposed to be located at
27 the same time the application is submitted to the Agency.
28 The permit application filed with the county board or
29 governing body of the municipality shall include all
30 documents submitted to or to be submitted to the Agency,
31 except trade secrets as determined under Section 7.1 of this
32 Act. The permit application and other documents on file with
33 the county board or governing body of the municipality shall
34 be made available for public inspection during regular
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1 business hours at the office of the county board or the
2 governing body of the municipality and may be copied upon
3 payment of the actual cost of reproduction.
4 (Source: P.A. 89-487, eff. 6-21-96; 89-556, eff. 7-26-96;
5 90-14, eff. 7-1-97; 90-367, eff. 8-10-97; 90-537, eff.
6 11-26-97; revised 12-31-97.)
7 (415 ILCS 5/39.3) (from Ch. 111 1/2, par. 1039.3)
8 Sec. 39.3. (a) The provisions of this Section apply to
9 any application for a permit under the Solid Waste Rules of
10 the Board's Rules and Regulations to develop a new pollution
11 control facility for the disposal of hazardous waste, and to
12 any application to modify the development of an existing site
13 or facility which would allow the disposal of hazardous waste
14 for the first time. The requirements of this Section are in
15 addition to any other procedures as may be required by law.
16 (b) Any application for a permit under this Section
17 shall be made to the Agency, and shall be accompanied by
18 proof that notice of the application has been served upon the
19 Attorney General, the State's Attorney and the Chairman of
20 the County Board of the county in which the facility is
21 proposed to be located, each member of the General Assembly
22 from the legislative district in which the facility is
23 proposed to be located, and the clerk of each municipality,
24 any portion of which is within three miles of the boundary of
25 the facility. Upon the request of any person upon whom
26 notice is required to be served, the applicant shall promptly
27 furnish a copy of the application to the person making the
28 request.
29 (c) (i) Not more than 90 days after receipt of a
30 complete application for a permit under this Section, the
31 Agency shall give public notice of its preliminary
32 determination to either issue or deny the permit, and shall
33 give notice of the opportunity for a public hearing on that
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1 preliminary determination under this Section. Upon the
2 request of the permit applicant, or of any other person who
3 is admitted as a party pursuant to subsection (d), the Agency
4 shall schedule a public hearing pursuant to subsection (e).
5 (ii) The Agency notice shall be published in a newspaper
6 of general circulation in the county in which the site is
7 proposed to be located, and shall be served upon the Attorney
8 General, the State's Attorney and the Chairman of the County
9 Board of the county in which the facility is proposed to be
10 located, each member of the General Assembly from the
11 legislative district in which the facility is proposed to be
12 located, and the clerk of each municipality, any portion of
13 which is within three miles of the boundary of the facility.
14 (iii) The contents, form, and manner of service of the
15 Agency notice shall conform to the requirements of Section
16 10-25 of the Illinois Administrative Procedure Act.
17 (d) Within 60 days after the date of the Agency notice
18 required by subsection (c) of this Section, any person who
19 may be adversely affected by an Agency decision on the permit
20 application may petition the Agency to intervene before the
21 Agency as a party. The petition to intervene shall contain a
22 short and plain statement identifying the petitioner and
23 stating the petitioner's interest. The petitioner shall
24 serve the petition upon the applicant for the permit and upon
25 any other persons who have petitioned to intervene. Unless
26 the Agency determines that the petition is duplicitous or
27 frivolous, it shall admit the petitioner as a party.
28 (e) (i) Not less than 60 days nor more than 180 days
29 after the date of the Agency notice required by subsection
30 (c) of this Section, the Agency shall commence the public
31 hearing required by this Section.
32 (ii) (Blank). The public hearing and other proceedings
33 required by this Section shall be conducted in accordance
34 with the provisions concerning contested cases of the
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1 Illinois Administrative Procedure Act shall apply.
2 (iii) The public hearing required by this Section may,
3 with the concurrence of the Agency, the permit applicant and
4 the County Board of the county or the governing body of the
5 municipality, be conducted jointly with the public hearing
6 required by Section 39.2 of this Act.
7 (iv) All documents submitted to the Agency in connection
8 with the public hearing shall be reproduced and filed at the
9 office of the county board or governing body of the
10 municipality and may be copied upon payment of the actual
11 cost of reproduction.
12 (f) Within sixty days of the completion of the public
13 hearing required by this Section the Agency shall render a
14 final decision either granting or denying the permit.
15 (g) The Agency shall adopt such procedural rules as may
16 be necessary and appropriate to carry out its duties under
17 this Section which are not inconsistent with the requirements
18 of this Section. In adopting such procedural rules the
19 Agency shall follow the requirements concerning rulemaking of
20 the Illinois Administrative Procedure Act.
21 (h) This Section shall not apply to permits issued by
22 the Agency pursuant to authority delegated from the United
23 States pursuant to the Resource Conservation and Recovery Act
24 of 1976, P.L. 94-580, as amended, or the Safe Drinking Water
25 Act, P.L. 93-523, as amended.
26 (Source: P.A. 88-45; 88-681, eff. 12-22-94; revised
27 12-18-97.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.