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| [ Senate Amendment 001 ] |
90_SB0054enr
415 ILCS 5/22.26 from Ch. 111 1/2, par. 1022.26
Amends the Environmental Protection Act to make a
technical change. Effective immediately.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Section 39.2 and adding Sections 22.19a and 22.19b.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 39.2 and adding Sections 22.19a and
7 22.19b as follows:
8 (415 ILCS 5/22.19a new)
9 Sec. 22.19a. Floodplain.
10 (a) On and after January 1, 1998, no sanitary landfill
11 or waste disposal site that is a pollution control facility,
12 or any part of a sanitary landfill or waste disposal site
13 that is a pollution control facility, may be located within
14 the boundary of the 100-year floodplain.
15 (b) Subsection (a) shall not apply to the following:
16 (1) a sanitary landfill or waste disposal site
17 initially permitted for development or construction by
18 the Agency before the effective date of this amendatory
19 Act of 1997;
20 (2) a sanitary landfill or waste disposal site for
21 which local siting approval has been granted before the
22 effective date of this amendatory Act of 1997; or
23 (3) the area of expansion beyond the boundary of a
24 currently permitted sanitary landfill or waste disposal
25 site, provided that the area of expansion is, on the
26 effective date of this amendatory Act of 1997, owned by
27 the owner or operator of the currently sited or permitted
28 sanitary landfill or waste site to which the area of
29 expansion is adjacent.
30 (415 ILCS 5/22.19b new)
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1 Sec. 22.19b. Financial assurance rules.
2 (a) Not later than June 30, 1998, the Agency shall
3 propose rules for sanitary landfills and waste disposal sites
4 located within the boundary of the 100-year floodplain
5 pursuant to subsection (b) of Section 22.19a. The rules
6 shall be limited to and prescribe standards for financial
7 assurance mechanisms equivalent to the standards set forth in
8 Title 35, Part 811, Subpart G of the Illinois Administrative
9 Code, as amended, to address the risks posed by flooding to
10 the integrity of a sanitary landfill or waste disposal site
11 located within the boundary of the 100-year floodplain. The
12 financial assurance mechanisms shall be for a period of 100
13 years, beginning with the commencement of the post-closure
14 care period, and shall apply to the portion of the facility
15 located within the boundary of the 100-year floodplain and to
16 the portion of the facility located outside the boundary of
17 the 100-year floodplain.
18 (b) Not later than 6 months after the receipt of the
19 Agency's proposed rules, the Board shall adopt rules for
20 sanitary landfills and waste disposal sites located within
21 the boundary of the 100-year floodplain pursuant to
22 subsection (b) of Section 22.19a. The rules shall be limited
23 to, and prescribe standards for financial assurance
24 mechanisms equivalent to the standards set forth in Title 35,
25 Part 811, Subpart G of the Illinois Administrative Code, as
26 amended, to address the risks posed by flooding to the
27 integrity of a sanitary landfill or waste disposal site
28 located within the boundary of the 100-year floodplain. The
29 financial assurance mechanisms shall be for a period of 100
30 years, beginning with the commencement of the post-closure
31 care period, and shall apply to the portion of the facility
32 located within the boundary of the 100-year floodplain and to
33 the portion of the facility located outside the boundary of
34 the 100-year floodplain.
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1 (c) Nothing in this Section shall be construed as
2 limiting the general authority of the Board to adopt rules
3 pursuant to Title VII of this Act.
4 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
5 Sec. 39.2. Local siting.
6 (a) The county board of the county or the governing body
7 of the municipality, as determined by paragraph (c) of
8 Section 39 of this Act, shall approve or disapprove the
9 request for local siting approval for each pollution control
10 facility which is subject to such review. An applicant for
11 local siting approval shall submit sufficient details
12 describing the proposed facility to demonstrate compliance,
13 and local siting approval shall be granted only if the
14 proposed facility meets the following criteria:
15 (i) the facility is necessary to accommodate the
16 waste needs of the area it is intended to serve;
17 (ii) the facility is so designed, located and
18 proposed to be operated that the public health, safety
19 and welfare will be protected;
20 (iii) the facility is located so as to minimize
21 incompatibility with the character of the surrounding
22 area and to minimize the effect on the value of the
23 surrounding property;
24 (iv) (A) for a facility other than a sanitary
25 landfill or waste disposal site, the facility is located
26 outside the boundary of the 100 year flood plain or the
27 site is flood-proofed; (B) for a facility that is a
28 sanitary landfill or waste disposal site, the facility is
29 located outside the boundary of the 100-year floodplain,
30 or if the facility is a facility described in subsection
31 (b) of Section 22.19a, the site is flood-proofed;
32 (v) the plan of operations for the facility is
33 designed to minimize the danger to the surrounding area
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1 from fire, spills, or other operational accidents;
2 (vi) the traffic patterns to or from the facility
3 are so designed as to minimize the impact on existing
4 traffic flows;
5 (vii) if the facility will be treating, storing or
6 disposing of hazardous waste, an emergency response plan
7 exists for the facility which includes notification,
8 containment and evacuation procedures to be used in case
9 of an accidental release;
10 (viii) if the facility is to be located in a county
11 where the county board has adopted a solid waste
12 management plan consistent with the planning requirements
13 of the Local Solid Waste Disposal Act or the Solid Waste
14 Planning and Recycling Act, the facility is consistent
15 with that plan; and
16 (ix) if the facility will be located within a
17 regulated recharge area, any applicable requirements
18 specified by the Board for such areas have been met.
19 The county board or the governing body of the
20 municipality may also consider as evidence the previous
21 operating experience and past record of convictions or
22 admissions of violations of the applicant (and any subsidiary
23 or parent corporation) in the field of solid waste management
24 when considering criteria (ii) and (v) under this Section.
25 (b) No later than 14 days prior to a request for
26 location approval the applicant shall cause written notice of
27 such request to be served either in person or by registered
28 mail, return receipt requested, on the owners of all property
29 within the subject area not solely owned by the applicant,
30 and on the owners of all property within 250 feet in each
31 direction of the lot line of the subject property, said
32 owners being such persons or entities which appear from the
33 authentic tax records of the County in which such facility is
34 to be located; provided, that the number of all feet occupied
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1 by all public roads, streets, alleys and other public ways
2 shall be excluded in computing the 250 feet requirement;
3 provided further, that in no event shall this requirement
4 exceed 400 feet, including public streets, alleys and other
5 public ways.
6 Such written notice shall also be served upon members of
7 the General Assembly from the legislative district in which
8 the proposed facility is located and shall be published in a
9 newspaper of general circulation published in the county in
10 which the site is located.
11 Such notice shall state the name and address of the
12 applicant, the location of the proposed site, the nature and
13 size of the development, the nature of the activity proposed,
14 the probable life of the proposed activity, the date when the
15 request for site approval will be submitted, and a
16 description of the right of persons to comment on such
17 request as hereafter provided.
18 (c) An applicant shall file a copy of its request with
19 the county board of the county or the governing body of the
20 municipality in which the proposed site is located. The
21 request shall include (i) the substance of the applicant's
22 proposal and (ii) all documents, if any, submitted as of that
23 date to the Agency pertaining to the proposed facility,
24 except trade secrets as determined under Section 7.1 of this
25 Act. All such documents or other materials on file with the
26 county board or governing body of the municipality shall be
27 made available for public inspection at the office of the
28 county board or the governing body of the municipality and
29 may be copied upon payment of the actual cost of
30 reproduction.
31 Any person may file written comment with the county board
32 or governing body of the municipality concerning the
33 appropriateness of the proposed site for its intended
34 purpose. The county board or governing body of the
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1 municipality shall consider any comment received or
2 postmarked not later than 30 days after the date of the last
3 public hearing.
4 (d) At least one public hearing is to be held by the
5 county board or governing body of the municipality no sooner
6 than 90 days but no later than 120 days from receipt of the
7 request for site approval, such hearing to be preceded by
8 published notice in a newspaper of general circulation
9 published in the county of the proposed site, and notice by
10 certified mail to all members of the General Assembly from
11 the district in which the proposed site is located, to the
12 governing authority of every municipality contiguous to the
13 proposed site or contiguous to the municipality in which the
14 proposed site is to be located, and to the Agency. The public
15 hearing shall develop a record sufficient to form the basis
16 of appeal of the decision in accordance with Section 40.1 of
17 this Act. The fact that a member of the county board or
18 governing body of the municipality has publicly expressed an
19 opinion on an issue related to a site review proceeding shall
20 not preclude the member from taking part in the proceeding
21 and voting on the issue.
22 (e) Decisions of the county board or governing body of
23 the municipality are to be in writing, specifying the reasons
24 for the decision, such reasons to be in conformance with
25 subsection (a) of this Section. In granting approval for a
26 site the county board or governing body of the municipality
27 may impose such conditions as may be reasonable and necessary
28 to accomplish the purposes of this Section and as are not
29 inconsistent with regulations promulgated by the Board. Such
30 decision shall be available for public inspection at the
31 office of the county board or governing body of the
32 municipality and may be copied upon payment of the actual
33 cost of reproduction. If there is no final action by the
34 county board or governing body of the municipality within 180
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1 days after the filing of the request for site approval the
2 applicant may deem the request approved.
3 At any time prior to completion by the applicant of the
4 presentation of the applicant's factual evidence and an
5 opportunity for cross-questioning by the county board or
6 governing body of the municipality and any participants, the
7 applicant may file not more than one amended application upon
8 payment of additional fees pursuant to subsection (k); in
9 which case the time limitation for final action set forth in
10 this subsection (e) shall be extended for an additional
11 period of 90 days.
12 (f) A local siting approval granted under this Section
13 shall expire at the end of 2 calendar years from the date
14 upon which it was granted, unless the local siting approval
15 granted under this Section is for a sanitary landfill
16 operation, in which case the approval shall expire at the end
17 of 3 calendar years from the date upon which it was granted,
18 and unless within that period the applicant has made
19 application to the Agency for a permit to develop the site.
20 In the event that the local siting decision has been
21 appealed, such expiration period shall be deemed to begin on
22 the date upon which the appeal process is concluded.
23 Except as otherwise provided in this subsection, upon the
24 expiration of a development permit under subsection (k) of
25 Section 39, any associated local siting approval granted for
26 the facility under this Section shall also expire.
27 If a first development permit for a municipal waste
28 incineration facility expires under subsection (k) of Section
29 39 after September 30, 1989 due to circumstances beyond the
30 control of the applicant, any associated local siting
31 approval granted for the facility under this Section may be
32 used to fulfill the local siting approval requirement upon
33 application for a second development permit for the same
34 site, provided that the proposal in the new application is
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1 materially the same, with respect to the criteria in
2 subsection (a) of this Section, as the proposal that received
3 the original siting approval, and application for the second
4 development permit is made before January 1, 1990.
5 (g) The siting approval procedures, criteria and appeal
6 procedures provided for in this Act for new pollution control
7 facilities shall be the exclusive siting procedures and rules
8 and appeal procedures for facilities subject to such
9 procedures. Local zoning or other local land use requirements
10 shall not be applicable to such siting decisions.
11 (h) Nothing in this Section shall apply to any existing
12 or new pollution control facility located within the
13 corporate limits of a municipality with a population of over
14 1,000,000.
15 (i) The Department shall make a study of technical
16 considerations relating to the siting of new pollution
17 control facilities. Such study shall include, but need not be
18 limited to, a determination of the geologic and hydrologic
19 conditions in the State most suitable for the siting of such
20 facilities, the establishment of a data base on such
21 conditions in Illinois, and recommendations for the
22 establishment of technical guidelines and criteria to be used
23 in making such siting decisions. The Department shall report
24 such study and recommendations to the General Assembly, the
25 Governor, the Board and the public no later than October 1,
26 1984.
27 The Board shall adopt regulations establishing the
28 geologic and hydrologic siting criteria necessary to protect
29 usable groundwater resources which are to be followed by the
30 Agency in its review of permit applications for new pollution
31 control facilities. Such regulations, insofar as they apply
32 to new pollution control facilities authorized to store,
33 treat or dispose of any hazardous waste, shall be at least as
34 stringent as the requirements of the Resource Conservation
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1 and Recovery Act and any State or federal regulations adopted
2 pursuant thereto.
3 (j) Any new pollution control facility which has never
4 obtained local siting approval under the provisions of this
5 Section shall be required to obtain such approval after a
6 final decision on an appeal of a permit denial.
7 (k) A county board or governing body of a municipality
8 may charge applicants for siting review under this Section a
9 reasonable fee to cover the reasonable and necessary costs
10 incurred by such county or municipality in the siting review
11 process.
12 (l) The governing Authority as determined by subsection
13 (c) of Section 39 of this Act may request the Department of
14 Transportation to perform traffic impact studies of proposed
15 or potential locations for required pollution control
16 facilities.
17 (m) An applicant may not file a request for local siting
18 approval which is substantially the same as a request which
19 was disapproved pursuant to a finding against the applicant
20 under any of criteria (i) through (ix) of subsection (a) of
21 this Section within the preceding 2 years.
22 (n) In any review proceeding of a decision of the county
23 board or governing body of a municipality made pursuant to
24 the local siting review process, the petitioner in the review
25 proceeding shall pay to the county or municipality the cost
26 of preparing and certifying the record of proceedings.
27 Should the petitioner in the review proceeding fail to make
28 payment, the provisions of Section 3-109 of the Code of Civil
29 Procedure shall apply.
30 In the event the petitioner is a citizens' group that
31 participated in the siting proceeding and is so located as to
32 be affected by the proposed facility, such petitioner shall
33 be exempt from paying the costs of preparing and certifying
34 the record.
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1 (o) Notwithstanding any other provision of this Section,
2 a transfer station used exclusively for landscape waste,
3 where landscape waste is held no longer than 24 hours from
4 the time it was received, is not subject to the requirements
5 of local siting approval under this Section, but is subject
6 only to local zoning approval.
7 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
8 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
9 8-9-96.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.