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90_SB0054sam001
LRB9001064DPccam
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
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Environmental Protection Act is amended
9 by changing Section 39.2 as follows:
10 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
11 Sec. 39.2. (a) The county board of the county or the
12 governing body of the municipality, as determined by
13 paragraph (c) of Section 39 of this Act, shall approve or
14 disapprove the request for local siting approval for each
15 pollution control facility which is subject to such review.
16 An applicant for local siting approval shall submit
17 sufficient details describing the proposed facility to
18 demonstrate compliance, and local siting approval shall be
19 granted only if the proposed facility meets the following
20 criteria:
21 (i) the facility is necessary to accommodate the
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1 waste needs of the area it is intended to serve;
2 (ii) the facility is so designed, located and
3 proposed to be operated that the public health, safety
4 and welfare will be protected;
5 (iii) the facility is located so as to minimize
6 incompatibility with the character of the surrounding
7 area and to minimize the effect on the value of the
8 surrounding property;
9 (iv) for a facility other than a sanitary landfill
10 or waste disposal site, the facility is located outside
11 the boundary of the 100 year flood plain or the site is
12 flood-proofed; for a facility that is a sanitary landfill
13 or waste disposal site, the facility is located outside
14 the boundary of the 100 year flood plain;
15 (v) the plan of operations for the facility is
16 designed to minimize the danger to the surrounding area
17 from fire, spills, or other operational accidents;
18 (vi) the traffic patterns to or from the facility
19 are so designed as to minimize the impact on existing
20 traffic flows;
21 (vii) if the facility will be treating, storing or
22 disposing of hazardous waste, an emergency response plan
23 exists for the facility which includes notification,
24 containment and evacuation procedures to be used in case
25 of an accidental release;
26 (viii) if the facility is to be located in a county
27 where the county board has adopted a solid waste
28 management plan consistent with the planning requirements
29 of the Local Solid Waste Disposal Act or the Solid Waste
30 Planning and Recycling Act, the facility is consistent
31 with that plan; and
32 (ix) if the facility will be located within a
33 regulated recharge area, any applicable requirements
34 specified by the Board for such areas have been met.
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1 The county board or the governing body of the
2 municipality may also consider as evidence the previous
3 operating experience and past record of convictions or
4 admissions of violations of the applicant (and any subsidiary
5 or parent corporation) in the field of solid waste management
6 when considering criteria (ii) and (v) under this Section.
7 (b) No later than 14 days prior to a request for
8 location approval the applicant shall cause written notice of
9 such request to be served either in person or by registered
10 mail, return receipt requested, on the owners of all property
11 within the subject area not solely owned by the applicant,
12 and on the owners of all property within 250 feet in each
13 direction of the lot line of the subject property, said
14 owners being such persons or entities which appear from the
15 authentic tax records of the County in which such facility is
16 to be located; provided, that the number of all feet occupied
17 by all public roads, streets, alleys and other public ways
18 shall be excluded in computing the 250 feet requirement;
19 provided further, that in no event shall this requirement
20 exceed 400 feet, including public streets, alleys and other
21 public ways.
22 Such written notice shall also be served upon members of
23 the General Assembly from the legislative district in which
24 the proposed facility is located and shall be published in a
25 newspaper of general circulation published in the county in
26 which the site is located.
27 Such notice shall state the name and address of the
28 applicant, the location of the proposed site, the nature and
29 size of the development, the nature of the activity proposed,
30 the probable life of the proposed activity, the date when the
31 request for site approval will be submitted, and a
32 description of the right of persons to comment on such
33 request as hereafter provided.
34 (c) An applicant shall file a copy of its request with
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1 the county board of the county or the governing body of the
2 municipality in which the proposed site is located. The
3 request shall include (i) the substance of the applicant's
4 proposal and (ii) all documents, if any, submitted as of that
5 date to the Agency pertaining to the proposed facility,
6 except trade secrets as determined under Section 7.1 of this
7 Act. All such documents or other materials on file with the
8 county board or governing body of the municipality shall be
9 made available for public inspection at the office of the
10 county board or the governing body of the municipality and
11 may be copied upon payment of the actual cost of
12 reproduction.
13 Any person may file written comment with the county board
14 or governing body of the municipality concerning the
15 appropriateness of the proposed site for its intended
16 purpose. The county board or governing body of the
17 municipality shall consider any comment received or
18 postmarked not later than 30 days after the date of the last
19 public hearing.
20 (d) At least one public hearing is to be held by the
21 county board or governing body of the municipality no sooner
22 than 90 days but no later than 120 days from receipt of the
23 request for site approval, such hearing to be preceded by
24 published notice in a newspaper of general circulation
25 published in the county of the proposed site, and notice by
26 certified mail to all members of the General Assembly from
27 the district in which the proposed site is located, to the
28 governing authority of every municipality contiguous to the
29 proposed site or contiguous to the municipality in which the
30 proposed site is to be located, and to the Agency. The public
31 hearing shall develop a record sufficient to form the basis
32 of appeal of the decision in accordance with Section 40.1 of
33 this Act. The fact that a member of the county board or
34 governing body of the municipality has publicly expressed an
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1 opinion on an issue related to a site review proceeding shall
2 not preclude the member from taking part in the proceeding
3 and voting on the issue.
4 (e) Decisions of the county board or governing body of
5 the municipality are to be in writing, specifying the reasons
6 for the decision, such reasons to be in conformance with
7 subsection (a) of this Section. In granting approval for a
8 site the county board or governing body of the municipality
9 may impose such conditions as may be reasonable and necessary
10 to accomplish the purposes of this Section and as are not
11 inconsistent with regulations promulgated by the Board. Such
12 decision shall be available for public inspection at the
13 office of the county board or governing body of the
14 municipality and may be copied upon payment of the actual
15 cost of reproduction. If there is no final action by the
16 county board or governing body of the municipality within 180
17 days after the filing of the request for site approval the
18 applicant may deem the request approved.
19 At any time prior to completion by the applicant of the
20 presentation of the applicant's factual evidence and an
21 opportunity for cross-questioning by the county board or
22 governing body of the municipality and any participants, the
23 applicant may file not more than one amended application upon
24 payment of additional fees pursuant to subsection (k); in
25 which case the time limitation for final action set forth in
26 this subsection (e) shall be extended for an additional
27 period of 90 days.
28 (f) A local siting approval granted under this Section
29 shall expire at the end of 2 calendar years from the date
30 upon which it was granted, unless the local siting approval
31 granted under this Section is for a sanitary landfill
32 operation, in which case the approval shall expire at the end
33 of 3 calendar years from the date upon which it was granted,
34 and unless within that period the applicant has made
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1 application to the Agency for a permit to develop the site.
2 In the event that the local siting decision has been
3 appealed, such expiration period shall be deemed to begin on
4 the date upon which the appeal process is concluded.
5 Except as otherwise provided in this subsection, upon the
6 expiration of a development permit under subsection (k) of
7 Section 39, any associated local siting approval granted for
8 the facility under this Section shall also expire.
9 If a first development permit for a municipal waste
10 incineration facility expires under subsection (k) of Section
11 39 after September 30, 1989 due to circumstances beyond the
12 control of the applicant, any associated local siting
13 approval granted for the facility under this Section may be
14 used to fulfill the local siting approval requirement upon
15 application for a second development permit for the same
16 site, provided that the proposal in the new application is
17 materially the same, with respect to the criteria in
18 subsection (a) of this Section, as the proposal that received
19 the original siting approval, and application for the second
20 development permit is made before January 1, 1990.
21 (g) The siting approval procedures, criteria and appeal
22 procedures provided for in this Act for new pollution control
23 facilities shall be the exclusive siting procedures and rules
24 and appeal procedures for facilities subject to such
25 procedures. Local zoning or other local land use requirements
26 shall not be applicable to such siting decisions.
27 (h) Nothing in this Section shall apply to any existing
28 or new pollution control facility located within the
29 corporate limits of a municipality with a population of over
30 1,000,000.
31 (i) The Department shall make a study of technical
32 considerations relating to the siting of new pollution
33 control facilities. Such study shall include, but need not be
34 limited to, a determination of the geologic and hydrologic
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1 conditions in the State most suitable for the siting of such
2 facilities, the establishment of a data base on such
3 conditions in Illinois, and recommendations for the
4 establishment of technical guidelines and criteria to be used
5 in making such siting decisions. The Department shall report
6 such study and recommendations to the General Assembly, the
7 Governor, the Board and the public no later than October 1,
8 1984.
9 The Board shall adopt regulations establishing the
10 geologic and hydrologic siting criteria necessary to protect
11 usable groundwater resources which are to be followed by the
12 Agency in its review of permit applications for new pollution
13 control facilities. Such regulations, insofar as they apply
14 to new pollution control facilities authorized to store,
15 treat or dispose of any hazardous waste, shall be at least as
16 stringent as the requirements of the Resource Conservation
17 and Recovery Act and any State or federal regulations adopted
18 pursuant thereto.
19 (j) Any new pollution control facility which has never
20 obtained local siting approval under the provisions of this
21 Section shall be required to obtain such approval after a
22 final decision on an appeal of a permit denial.
23 (k) A county board or governing body of a municipality
24 may charge applicants for siting review under this Section a
25 reasonable fee to cover the reasonable and necessary costs
26 incurred by such county or municipality in the siting review
27 process.
28 (l) The governing Authority as determined by subsection
29 (c) of Section 39 of this Act may request the Department of
30 Transportation to perform traffic impact studies of proposed
31 or potential locations for required pollution control
32 facilities.
33 (m) An applicant may not file a request for local siting
34 approval which is substantially the same as a request which
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1 was disapproved pursuant to a finding against the applicant
2 under any of criteria (i) through (ix) of subsection (a) of
3 this Section within the preceding 2 years.
4 (n) In any review proceeding of a decision of the county
5 board or governing body of a municipality made pursuant to
6 the local siting review process, the petitioner in the review
7 proceeding shall pay to the county or municipality the cost
8 of preparing and certifying the record of proceedings.
9 Should the petitioner in the review proceeding fail to make
10 payment, the provisions of Section 3-109 of the Code of Civil
11 Procedure shall apply.
12 In the event the petitioner is a citizens' group that
13 participated in the siting proceeding and is so located as to
14 be affected by the proposed facility, such petitioner shall
15 be exempt from paying the costs of preparing and certifying
16 the record.
17 (o) Notwithstanding any other provision of this Section,
18 a transfer station used exclusively for landscape waste,
19 where landscape waste is held no longer than 24 hours from
20 the time it was received, is not subject to the requirements
21 of local siting approval under this Section, but is subject
22 only to local zoning approval.
23 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
24 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
25 8-9-96.)".