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| [ Senate Amendment 001 ] |
90_SB0054ham001
LRB9001064DPcwam03
1 AMENDMENT TO SENATE BILL 54
2 AMENDMENT NO. . Amend Senate Bill 54 by replacing
3 the title with the following:
4 "AN ACT to amend the Environmental Protection Act by
5 changing Section 39.2 and adding Sections 22.19a and
6 22.19b."; 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 Section 39.2 and adding Sections 22.19a and
11 22.19b as follows:
12 "(415 ILCS 5/22.19a new)
13 Sec. 22.19a. Floodplain.
14 (a) On and after January 1, 1998, no sanitary landfill
15 or waste disposal site that is a pollution control facility,
16 or any part of a sanitary landfill or waste disposal site
17 that is a pollution control facility, may be located within
18 the boundary of the 100 year floodplain.
19 (b) Subsection (a) shall not apply to the following:
20 (1) a sanitary landfill or waste disposal site
21 initially permitted for development or construction by
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1 the Agency before the effective date of this amendatory
2 Act of 1997;
3 (2) a sanitary landfill or waste disposal site for
4 which local siting approval has been granted before the
5 effective date of this amendatory Act of 1997; or
6 (3) the area of expansion beyond the boundary of a
7 currently permitted sanitary landfill or waste disposal
8 site, provided that the area of expansion is, on the
9 effective date of this amendatory Act of 1997, owned by
10 the owner or operator of the currently sited or permitted
11 sanitary landfill or waste site to which the area of
12 expansion is adjacent.
13 (415 ILCS 5/22.19b new)
14 Sec. 22.19b. Financial assurance rules.
15 (a) Not later than June 30, 1998, the Agency shall
16 propose rules for sanitary landfills and waste disposal sites
17 located within the boundary of the 100-year floodplain
18 pursuant to subsection (b) of Section 22.19a. The rules
19 shall be limited to and prescribe standards for financial
20 assurance mechanisms equivalent to the standards set forth in
21 Title 35, Part 811, Subpart G of the Illinois Administrative
22 Code, as amended, to address the risks posed by flooding to
23 the integrity of a sanitary landfill or waste disposal site
24 located within the boundary of the 100-year floodplain. The
25 financial assurance mechanisms shall be for a period of 100
26 years, beginning with the commencement of the post-closure
27 care period, and shall apply to the portion of the facility
28 located within the boundary of the 100-year floodplain and to
29 the portion of the facility located outside the boundary of
30 the 100-year floodplain.
31 (b) Not later than 6 months after the receipt of the
32 Agency's proposed rules, the Board shall adopt rules for
33 sanitary landfills and waste disposal sites located within
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1 the boundary of the 100-year floodplain pursuant to
2 subsection (b) of Section 22.19a. The rules shall be limited
3 to, and prescribe standards for financial assurance
4 mechanisms equivalent to the standards set forth in Title 35,
5 Part 811, Subpart G of the Illinois Administrative Code, as
6 amended, to address the risks posed by flooding to the
7 integrity of a sanitary landfill or waste disposal site
8 located within the boundary of the 100-year floodplain. The
9 financial assurance mechanisms shall be for a period of 100
10 years, beginning with the commencement of the post-closure
11 care period, and shall apply to the portion of the facility
12 located within the boundary of the 100-year floodplain and to
13 the portion of the facility located outside the boundary of
14 the 100-year floodplain.
15 (c) Nothing in this Section shall be construed as
16 limiting the general authority of the Board to adopt rules
17 pursuant to Title VII of this Act.
18 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
19 Sec. 39.2. Local siting.
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) (A) for a facility other than a sanitary
6 landfill or waste disposal site, the facility is located
7 outside the boundary of the 100 year flood plain or the
8 site is flood-proofed; (B) for a facility that is a
9 sanitary landfill or waste disposal site, the facility is
10 located outside the boundary of the 100 year flood plain,
11 or if the facility is a facility described in subsection
12 (b) of Section 22.19a, the site is flood-proofed;
13 (v) the plan of operations for the facility is
14 designed to minimize the danger to the surrounding area
15 from fire, spills, or other operational accidents;
16 (vi) the traffic patterns to or from the facility
17 are so designed as to minimize the impact on existing
18 traffic flows;
19 (vii) if the facility will be treating, storing or
20 disposing of hazardous waste, an emergency response plan
21 exists for the facility which includes notification,
22 containment and evacuation procedures to be used in case
23 of an accidental release;
24 (viii) if the facility is to be located in a county
25 where the county board has adopted a solid waste
26 management plan consistent with the planning requirements
27 of the Local Solid Waste Disposal Act or the Solid Waste
28 Planning and Recycling Act, the facility is consistent
29 with that plan; and
30 (ix) if the facility will be located within a
31 regulated recharge area, any applicable requirements
32 specified by the Board for such areas have been met.
33 The county board or the governing body of the
34 municipality may also consider as evidence the previous
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1 operating experience and past record of convictions or
2 admissions of violations of the applicant (and any subsidiary
3 or parent corporation) in the field of solid waste management
4 when considering criteria (ii) and (v) under this Section.
5 (b) No later than 14 days prior to a request for
6 location approval the applicant shall cause written notice of
7 such request to be served either in person or by registered
8 mail, return receipt requested, on the owners of all property
9 within the subject area not solely owned by the applicant,
10 and on the owners of all property within 250 feet in each
11 direction of the lot line of the subject property, said
12 owners being such persons or entities which appear from the
13 authentic tax records of the County in which such facility is
14 to be located; provided, that the number of all feet occupied
15 by all public roads, streets, alleys and other public ways
16 shall be excluded in computing the 250 feet requirement;
17 provided further, that in no event shall this requirement
18 exceed 400 feet, including public streets, alleys and other
19 public ways.
20 Such written notice shall also be served upon members of
21 the General Assembly from the legislative district in which
22 the proposed facility is located and shall be published in a
23 newspaper of general circulation published in the county in
24 which the site is located.
25 Such notice shall state the name and address of the
26 applicant, the location of the proposed site, the nature and
27 size of the development, the nature of the activity proposed,
28 the probable life of the proposed activity, the date when the
29 request for site approval will be submitted, and a
30 description of the right of persons to comment on such
31 request as hereafter provided.
32 (c) An applicant shall file a copy of its request with
33 the county board of the county or the governing body of the
34 municipality in which the proposed site is located. The
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1 request shall include (i) the substance of the applicant's
2 proposal and (ii) all documents, if any, submitted as of that
3 date to the Agency pertaining to the proposed facility,
4 except trade secrets as determined under Section 7.1 of this
5 Act. All such documents or other materials on file with the
6 county board or governing body of the municipality shall be
7 made available for public inspection at the office of the
8 county board or the governing body of the municipality and
9 may be copied upon payment of the actual cost of
10 reproduction.
11 Any person may file written comment with the county board
12 or governing body of the municipality concerning the
13 appropriateness of the proposed site for its intended
14 purpose. The county board or governing body of the
15 municipality shall consider any comment received or
16 postmarked not later than 30 days after the date of the last
17 public hearing.
18 (d) At least one public hearing is to be held by the
19 county board or governing body of the municipality no sooner
20 than 90 days but no later than 120 days from receipt of the
21 request for site approval, such hearing to be preceded by
22 published notice in a newspaper of general circulation
23 published in the county of the proposed site, and notice by
24 certified mail to all members of the General Assembly from
25 the district in which the proposed site is located, to the
26 governing authority of every municipality contiguous to the
27 proposed site or contiguous to the municipality in which the
28 proposed site is to be located, and to the Agency. The public
29 hearing shall develop a record sufficient to form the basis
30 of appeal of the decision in accordance with Section 40.1 of
31 this Act. The fact that a member of the county board or
32 governing body of the municipality has publicly expressed an
33 opinion on an issue related to a site review proceeding shall
34 not preclude the member from taking part in the proceeding
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1 and voting on the issue.
2 (e) Decisions of the county board or governing body of
3 the municipality are to be in writing, specifying the reasons
4 for the decision, such reasons to be in conformance with
5 subsection (a) of this Section. In granting approval for a
6 site the county board or governing body of the municipality
7 may impose such conditions as may be reasonable and necessary
8 to accomplish the purposes of this Section and as are not
9 inconsistent with regulations promulgated by the Board. Such
10 decision shall be available for public inspection at the
11 office of the county board or governing body of the
12 municipality and may be copied upon payment of the actual
13 cost of reproduction. If there is no final action by the
14 county board or governing body of the municipality within 180
15 days after the filing of the request for site approval the
16 applicant may deem the request approved.
17 At any time prior to completion by the applicant of the
18 presentation of the applicant's factual evidence and an
19 opportunity for cross-questioning by the county board or
20 governing body of the municipality and any participants, the
21 applicant may file not more than one amended application upon
22 payment of additional fees pursuant to subsection (k); in
23 which case the time limitation for final action set forth in
24 this subsection (e) shall be extended for an additional
25 period of 90 days.
26 (f) A local siting approval granted under this Section
27 shall expire at the end of 2 calendar years from the date
28 upon which it was granted, unless the local siting approval
29 granted under this Section is for a sanitary landfill
30 operation, in which case the approval shall expire at the end
31 of 3 calendar years from the date upon which it was granted,
32 and unless within that period the applicant has made
33 application to the Agency for a permit to develop the site.
34 In the event that the local siting decision has been
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1 appealed, such expiration period shall be deemed to begin on
2 the date upon which the appeal process is concluded.
3 Except as otherwise provided in this subsection, upon the
4 expiration of a development permit under subsection (k) of
5 Section 39, any associated local siting approval granted for
6 the facility under this Section shall also expire.
7 If a first development permit for a municipal waste
8 incineration facility expires under subsection (k) of Section
9 39 after September 30, 1989 due to circumstances beyond the
10 control of the applicant, any associated local siting
11 approval granted for the facility under this Section may be
12 used to fulfill the local siting approval requirement upon
13 application for a second development permit for the same
14 site, provided that the proposal in the new application is
15 materially the same, with respect to the criteria in
16 subsection (a) of this Section, as the proposal that received
17 the original siting approval, and application for the second
18 development permit is made before January 1, 1990.
19 (g) The siting approval procedures, criteria and appeal
20 procedures provided for in this Act for new pollution control
21 facilities shall be the exclusive siting procedures and rules
22 and appeal procedures for facilities subject to such
23 procedures. Local zoning or other local land use requirements
24 shall not be applicable to such siting decisions.
25 (h) Nothing in this Section shall apply to any existing
26 or new pollution control facility located within the
27 corporate limits of a municipality with a population of over
28 1,000,000.
29 (i) The Department shall make a study of technical
30 considerations relating to the siting of new pollution
31 control facilities. Such study shall include, but need not be
32 limited to, a determination of the geologic and hydrologic
33 conditions in the State most suitable for the siting of such
34 facilities, the establishment of a data base on such
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1 conditions in Illinois, and recommendations for the
2 establishment of technical guidelines and criteria to be used
3 in making such siting decisions. The Department shall report
4 such study and recommendations to the General Assembly, the
5 Governor, the Board and the public no later than October 1,
6 1984.
7 The Board shall adopt regulations establishing the
8 geologic and hydrologic siting criteria necessary to protect
9 usable groundwater resources which are to be followed by the
10 Agency in its review of permit applications for new pollution
11 control facilities. Such regulations, insofar as they apply
12 to new pollution control facilities authorized to store,
13 treat or dispose of any hazardous waste, shall be at least as
14 stringent as the requirements of the Resource Conservation
15 and Recovery Act and any State or federal regulations adopted
16 pursuant thereto.
17 (j) Any new pollution control facility which has never
18 obtained local siting approval under the provisions of this
19 Section shall be required to obtain such approval after a
20 final decision on an appeal of a permit denial.
21 (k) A county board or governing body of a municipality
22 may charge applicants for siting review under this Section a
23 reasonable fee to cover the reasonable and necessary costs
24 incurred by such county or municipality in the siting review
25 process.
26 (l) The governing Authority as determined by subsection
27 (c) of Section 39 of this Act may request the Department of
28 Transportation to perform traffic impact studies of proposed
29 or potential locations for required pollution control
30 facilities.
31 (m) An applicant may not file a request for local siting
32 approval which is substantially the same as a request which
33 was disapproved pursuant to a finding against the applicant
34 under any of criteria (i) through (ix) of subsection (a) of
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1 this Section within the preceding 2 years.
2 (n) In any review proceeding of a decision of the county
3 board or governing body of a municipality made pursuant to
4 the local siting review process, the petitioner in the review
5 proceeding shall pay to the county or municipality the cost
6 of preparing and certifying the record of proceedings.
7 Should the petitioner in the review proceeding fail to make
8 payment, the provisions of Section 3-109 of the Code of Civil
9 Procedure shall apply.
10 In the event the petitioner is a citizens' group that
11 participated in the siting proceeding and is so located as to
12 be affected by the proposed facility, such petitioner shall
13 be exempt from paying the costs of preparing and certifying
14 the record.
15 (o) Notwithstanding any other provision of this Section,
16 a transfer station used exclusively for landscape waste,
17 where landscape waste is held no longer than 24 hours from
18 the time it was received, is not subject to the requirements
19 of local siting approval under this Section, but is subject
20 only to local zoning approval.
21 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
22 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
23 8-9-96.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.".