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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ 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. LRB9001064DPcc SB54 Enrolled LRB9001064DPcc 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) SB54 Enrolled -2- LRB9001064DPcc 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. SB54 Enrolled -3- LRB9001064DPcc 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 SB54 Enrolled -4- LRB9001064DPcc 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 SB54 Enrolled -5- LRB9001064DPcc 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 SB54 Enrolled -6- LRB9001064DPcc 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 SB54 Enrolled -7- LRB9001064DPcc 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 SB54 Enrolled -8- LRB9001064DPcc 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 SB54 Enrolled -9- LRB9001064DPcc 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. SB54 Enrolled -10- LRB9001064DPcc 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.
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