State of Illinois
90th General Assembly
Legislation

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90_SB0299sam001

                                           LRB9000204DPccam01
 1                    AMENDMENT TO SENATE BILL 299
 2        AMENDMENT NO.     .  Amend Senate Bill 299  by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend  the  Environmental Protection Act by
 5    changing Sections 39 and 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 Sections 39 and 39.2 as follows:
10        (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
11        Sec. 39. Issuance of permits; procedures.
12        (a)  When the Board has by regulation required  a  permit
13    for  the construction, installation, or operation of any type
14    of facility, equipment, vehicle,  vessel,  or  aircraft,  the
15    applicant  shall  apply  to the Agency for such permit and it
16    shall be the duty of the Agency to issue such a  permit  upon
17    proof by the applicant that the facility, equipment, vehicle,
18    vessel, or aircraft will not cause a violation of this Act or
19    of  regulations  hereunder.   The  Agency  shall  adopt  such
20    procedures  as  are  necessary  to carry out its duties under
21    this Section. In granting permits the Agency may impose  such
                            -2-            LRB9000204DPccam01
 1    conditions  as may be necessary to accomplish the purposes of
 2    this Act, and as are not inconsistent  with  the  regulations
 3    promulgated  by  the  Board  hereunder.   Except as otherwise
 4    provided in this Act, a bond or other security shall  not  be
 5    required as a condition for the issuance of a permit.  If the
 6    Agency denies any permit under this Section, the Agency shall
 7    transmit to the applicant within the time limitations of this
 8    Section  specific,  detailed statements as to the reasons the
 9    permit  application  was  denied.   Such   statements   shall
10    include, but not be limited to the following:
11             (i)  the  Sections of this Act which may be violated
12        if the permit were granted;
13             (ii)  the provision of the regulations,  promulgated
14        under  this Act, which may be violated if the permit were
15        granted;
16             (iii)  the specific type  of  information,  if  any,
17        which  the Agency deems the applicant did not provide the
18        Agency; and
19             (iv)  a statement of specific reasons  why  the  Act
20        and  the  regulations might not be met if the permit were
21        granted.
22        If there is no final action by the Agency within 90  days
23    after the filing of the application for permit, the applicant
24    may  deem  the  permit  issued;  except that this time period
25    shall  be  extended  to  180  days  when  (1)    notice   and
26    opportunity  for  public  hearing  are  required  by State or
27    federal law or regulation,  (2)  the  application  which  was
28    filed  is  for  any  permit  to develop a landfill subject to
29    issuance pursuant to this subsection, or (3) the  application
30    that  was  filed is for a MSWLF unit required to issue public
31    notice under subsection (p) of Section 39.
32        The Agency shall  publish  notice  of  all  final  permit
33    determinations  for  development  permits for MSWLF units and
34    for significant permit modifications for  lateral  expansions
                            -3-            LRB9000204DPccam01
 1    for  existing  MSWLF units one time in a newspaper of general
 2    circulation in the county in which the unit is or is proposed
 3    to be located.
 4        After January 1, 1994,  operating  permits  issued  under
 5    this  Section  by  the  Agency  for  sources of air pollution
 6    permitted  to  emit  less  than  25  tons  per  year  of  any
 7    combination  of  regulated  air  pollutants,  as  defined  in
 8    Section 39.5 of this Act, shall be  required  to  be  renewed
 9    only  upon  written  request  by  the  Agency consistent with
10    applicable provisions of this Act and regulations promulgated
11    hereunder.  Such operating  permits  shall  expire  180  days
12    after the date of such a request.  The Board shall revise its
13    regulations  for  the  existing State air pollution operating
14    permit program consistent with this provision by  January  1,
15    1994.
16        (b)  The Agency may issue NPDES permits exclusively under
17    this  subsection for the discharge of contaminants from point
18    sources into navigable waters, all as defined in the  Federal
19    Water  Pollution  Control  Act,  as now or hereafter amended,
20    within the jurisdiction of the State, or into any well.
21        All  NPDES  permits  shall  contain   those   terms   and
22    conditions,   including  but  not  limited  to  schedules  of
23    compliance, which may be required to accomplish the  purposes
24    and provisions of this Act.
25        The Agency may issue general NPDES permits for discharges
26    from  categories  of  point  sources which are subject to the
27    same permit limitations and conditions. Such general  permits
28    may  be  issued  without  individual  applications  and shall
29    conform to regulations promulgated under Section 402  of  the
30    Federal  Water  Pollution  Control  Act,  as now or hereafter
31    amended.
32        The Agency may include, among such  conditions,  effluent
33    limitations  and  other  requirements  established under this
34    Act, Board regulations, the Federal Water  Pollution  Control
                            -4-            LRB9000204DPccam01
 1    Act,  as  now  or hereafter amended, and regulations pursuant
 2    thereto, and schedules for achieving compliance therewith  at
 3    the earliest reasonable date.
 4        The Agency shall adopt filing requirements and procedures
 5    which are necessary and appropriate for the issuance of NPDES
 6    permits, and which are consistent with the Act or regulations
 7    adopted  by  the  Board, and with the Federal Water Pollution
 8    Control Act, as now or  hereafter  amended,  and  regulations
 9    pursuant thereto.
10        The  Agency,  subject  to  any  conditions  which  may be
11    prescribed by Board regulations, may issue NPDES  permits  to
12    allow  discharges beyond deadlines established by this Act or
13    by regulations of the Board  without  the  requirement  of  a
14    variance, subject to the Federal Water Pollution Control Act,
15    as   now  or  hereafter  amended,  and  regulations  pursuant
16    thereto.
17        (c)  Except for those facilities  owned  or  operated  by
18    sanitary  districts  organized  under  the Metropolitan Water
19    Reclamation District Act, no permit for  the  development  or
20    construction  of  a  new  pollution  control  facility may be
21    granted by the Agency unless the applicant submits  proof  to
22    the  Agency  that  the  location  of  the  facility  has been
23    approved  by  the  County  Board  of  the  county  if  in  an
24    unincorporated  area,  or   the   governing   body   of   the
25    municipality  when  in  an  incorporated  area,  in which the
26    facility is to be located in accordance with Section 39.2  of
27    this Act.
28        In  the  event  that siting approval obtained pursuant to
29    Section 39.2 has been transferred to a  subsequent  owner  or
30    operator,  that subsequent owner or operator may apply to the
31    Agency for a development  or  construction  permit  for  that
32    facility.   Upon  application to the Agency for a development
33    or construction permit by that subsequent owner or  operator,
34    the  Agency  shall  conduct  an  evaluation of the subsequent
                            -5-            LRB9000204DPccam01
 1    owner or operator's  prior  experience  in  waste  management
 2    operations  in  the  manner conducted under subsection (i) of
 3    Section 39 of this Act.
 4        Beginning August  20,  1993,  if  the  pollution  control
 5    facility  consists  of  a  hazardous  or solid waste disposal
 6    facility for  which  the  proposed  site  is  located  in  an
 7    unincorporated  area  of  a  county with a population of less
 8    than 100,000 and includes all or a portion  of  a  parcel  of
 9    land  that  was, on April 1, 1993, adjacent to a municipality
10    having a population of less than 5,000, then the local siting
11    review required under this subsection (c) in conjunction with
12    any permit applied for after that date shall be performed  by
13    the  governing body of that adjacent municipality rather than
14    the county board of the county in which the proposed site  is
15    located;  and  for  the purposes of that local siting review,
16    any references in this Act  to  the  county  board  shall  be
17    deemed   to   mean   the  governing  body  of  that  adjacent
18    municipality; provided, however, that the provisions of  this
19    paragraph  shall not apply to any proposed site which was, on
20    April  1,  1993,  owned  in  whole  or  in  part  by  another
21    municipality.
22        In the case of a pollution control facility for  which  a
23    development permit was issued before November 12, 1981, if an
24    operating  permit  has not been issued by the Agency prior to
25    August 31, 1989 for any portion of  the  facility,  then  the
26    Agency  may  not  issue  or  renew any development permit nor
27    issue an original operating permit for any  portion  of  such
28    facility  unless  the  applicant  has  submitted proof to the
29    Agency that the location of the facility has been approved by
30    the appropriate county  board  or  municipal  governing  body
31    pursuant to Section 39.2 of this Act.
32        After   January  1,  1994,  if  a  solid  waste  disposal
33    facility, any portion for which an operating permit has  been
34    issued  by  the Agency, has not accepted waste disposal for 5
                            -6-            LRB9000204DPccam01
 1    or more consecutive calendars years, before that facility may
 2    accept any new or additional waste for  disposal,  the  owner
 3    and  operator  must  obtain a new operating permit under this
 4    Act for that facility unless  the  owner  and  operator  have
 5    applied  to the Agency for a permit authorizing the temporary
 6    suspension of waste acceptance. The Agency may  not  issue  a
 7    new  operation  permit under this Act for the facility unless
 8    the applicant has submitted proof  to  the  Agency  that  the
 9    location  of the facility has been approved or re-approved by
10    the appropriate county  board  or  municipal  governing  body
11    under  Section  39.2  of  this  Act after the facility ceased
12    accepting waste.
13        Except for those facilities owned or operated by sanitary
14    districts organized under the Metropolitan Water  Reclamation
15    District Act, and except for new pollution control facilities
16    governed  by  Section 39.2, and except for fossil fuel mining
17    facilities, the granting of a permit under this Act shall not
18    relieve the applicant from meeting and securing all necessary
19    zoning approvals from the unit of  government  having  zoning
20    jurisdiction over the proposed facility.
21        Before beginning construction on any new sewage treatment
22    plant  or  sludge  drying  site  to be owned or operated by a
23    sanitary district  organized  under  the  Metropolitan  Water
24    Reclamation District Act  for which a new permit (rather than
25    the  renewal or amendment of an existing permit) is required,
26    such sanitary district shall hold a public hearing within the
27    municipality within which the  proposed  facility  is  to  be
28    located,  or  within  the  nearest  community if the proposed
29    facility is to be located within an unincorporated  area,  at
30    which  information  concerning the proposed facility shall be
31    made available to the public, and members of the public shall
32    be given the opportunity to express  their  views  concerning
33    the proposed facility.
34        The  Agency  may  issue  a  permit  for a municipal waste
                            -7-            LRB9000204DPccam01
 1    transfer  station  without  requiring  approval  pursuant  to
 2    Section 39.2 provided that  the  following  demonstration  is
 3    made:
 4             (1)  the  municipal  waste  transfer  station was in
 5        existence on  or  before  January  1,  1979  and  was  in
 6        continuous  operation  from January 1, 1979 to January 1,
 7        1993;
 8             (2)  the operator submitted a permit application  to
 9        the  Agency  to  develop  and operate the municipal waste
10        transfer station during April of 1994;
11             (3)  the operator can demonstrate  that  the  county
12        board  of  the  county,  if  the municipal waste transfer
13        station is in an unincorporated area,  or  the  governing
14        body  of  the  municipality,  if  the  station  is  in an
15        incorporated area, does not object to resumption  of  the
16        operation of the station; and
17             (4)  the site has local zoning approval.
18        (d)  The  Agency may issue RCRA permits exclusively under
19    this subsection to persons owning or operating a facility for
20    the treatment, storage, or disposal  of  hazardous  waste  as
21    defined under this Act.
22        All   RCRA   permits   shall   contain  those  terms  and
23    conditions,  including  but  not  limited  to  schedules   of
24    compliance,  which may be required to accomplish the purposes
25    and provisions of this Act.  The  Agency  may  include  among
26    such  conditions standards and other requirements established
27    under this Act, Board regulations, the Resource  Conservation
28    and  Recovery  Act  of  1976  (P.L.  94-580), as amended, and
29    regulations pursuant thereto, and may include  schedules  for
30    achieving  compliance  therewith  as  soon  as  possible. The
31    Agency  shall  require  that  a  performance  bond  or  other
32    security be provided as a condition for  the  issuance  of  a
33    RCRA permit.
34        In  the  case of a permit to operate a hazardous waste or
                            -8-            LRB9000204DPccam01
 1    PCB incinerator as defined in subsection (k) of  Section  44,
 2    the  Agency shall require, as a condition of the permit, that
 3    the operator of the facility perform  such  analyses  of  the
 4    waste  to  be incinerated as may be necessary and appropriate
 5    to ensure the safe operation of the incinerator.
 6        The Agency shall adopt filing requirements and procedures
 7    which are necessary and appropriate for the issuance of  RCRA
 8    permits, and which are consistent with the Act or regulations
 9    adopted  by the Board, and with the Resource Conservation and
10    Recovery  Act  of  1976  (P.L.  94-580),  as   amended,   and
11    regulations pursuant thereto.
12        The  applicant  shall  make  available  to the public for
13    inspection all documents submitted by the  applicant  to  the
14    Agency  in  furtherance of an application, with the exception
15    of trade secrets, at  the  office  of  the  county  board  or
16    governing  body  of  the municipality.  Such documents may be
17    copied upon payment of the actual cost of reproduction during
18    regular business hours of the local office.  The Agency shall
19    issue a written statement concurrent with its grant or denial
20    of the permit explaining the basis for its decision.
21        (e)  The Agency may issue UIC permits  exclusively  under
22    this subsection to persons owning or operating a facility for
23    the  underground  injection  of contaminants as defined under
24    this Act.
25        All UIC permits shall contain those terms and conditions,
26    including but not limited to schedules of  compliance,  which
27    may  be required to accomplish the purposes and provisions of
28    this Act.  The  Agency  may  include  among  such  conditions
29    standards  and other requirements established under this Act,
30    Board regulations, the Safe Drinking Water Act (P.L. 93-523),
31    as amended, and regulations pursuant thereto, and may include
32    schedules for  achieving  compliance  therewith.  The  Agency
33    shall  require  that  a performance bond or other security be
34    provided as a condition for the issuance of a UIC permit.
                            -9-            LRB9000204DPccam01
 1        The Agency shall adopt filing requirements and procedures
 2    which are necessary and appropriate for the issuance  of  UIC
 3    permits, and which are consistent with the Act or regulations
 4    adopted  by  the  Board, and with the Safe Drinking Water Act
 5    (P.L. 93-523), as amended, and regulations pursuant thereto.
 6        The applicant shall make  available  to  the  public  for
 7    inspection,  all  documents submitted by the applicant to the
 8    Agency in furtherance of an application, with  the  exception
 9    of  trade  secrets,  at  the  office  of  the county board or
10    governing body of the municipality.  Such  documents  may  be
11    copied upon payment of the actual cost of reproduction during
12    regular business hours of the local office.  The Agency shall
13    issue a written statement concurrent with its grant or denial
14    of the permit explaining the basis for its decision.
15        (f)  In  making any determination pursuant to Section 9.1
16    of this Act:
17             (1)  The Agency shall have  authority  to  make  the
18        determination  of  any question required to be determined
19        by the Clean Air Act, as now or hereafter  amended,  this
20        Act,  or  the  regulations  of  the  Board, including the
21        determination of the  Lowest  Achievable  Emission  Rate,
22        Maximum  Achievable Control Technology, or Best Available
23        Control   Technology,   consistent   with   the   Board's
24        regulations, if any.
25             (2)  The Agency shall,  after  conferring  with  the
26        applicant,  give  written  notice to the applicant of its
27        proposed decision on the application including the  terms
28        and  conditions of the permit to be issued and the facts,
29        conduct or other basis upon which the Agency will rely to
30        support its proposed action.
31             (3)  Following such notice, the  Agency  shall  give
32        the  applicant an opportunity for a hearing in accordance
33        with the provisions of Sections 10-25  through  10-60  of
34        the  Illinois Administrative Procedure Act.
                            -10-           LRB9000204DPccam01
 1        (g)  The  Agency  shall  include  as  conditions upon all
 2    permits  issued  for  hazardous  waste  disposal  sites  such
 3    restrictions upon  the  future  use  of  such  sites  as  are
 4    reasonably   necessary  to  protect  public  health  and  the
 5    environment, including permanent prohibition of  the  use  of
 6    such sites for purposes which may create an unreasonable risk
 7    of  injury  to  human  health  or  to the environment.  After
 8    administrative and judicial challenges to  such  restrictions
 9    have  been exhausted, the Agency shall file such restrictions
10    of record in the Office of the  Recorder  of  the  county  in
11    which the hazardous waste disposal site is located.
12        (h)  A  hazardous  waste stream may not be deposited in a
13    permitted hazardous waste site unless specific  authorization
14    is  obtained  from  the  Agency by the generator and disposal
15    site owner and operator for  the  deposit  of  that  specific
16    hazardous  waste  stream.   The  Agency  may  grant  specific
17    authorization  for  disposal  of hazardous waste streams only
18    after  the  generator  has  reasonably   demonstrated   that,
19    considering    technological    feasibility    and   economic
20    reasonableness, the  hazardous  waste  cannot  be  reasonably
21    recycled for reuse, nor incinerated or chemically, physically
22    or  biologically  treated  so  as to neutralize the hazardous
23    waste and render it nonhazardous.  In granting  authorization
24    under  this Section, the Agency may impose such conditions as
25    may be necessary to accomplish the purposes of  the  Act  and
26    are  consistent  with this Act and regulations promulgated by
27    the  Board  hereunder.   If  the  Agency  refuses  to   grant
28    authorization under this Section, the applicant may appeal as
29    if  the  Agency  refused  to  grant a permit, pursuant to the
30    provisions of subsection (a) of Section 40 of this Act.   For
31    purposes of this subsection (h), the term "generator" has the
32    meaning  given  in  Section 3.12 of this Act, unless: (1) the
33    hazardous  waste  is  treated,  incinerated,   or   partially
34    recycled  for reuse prior to disposal, in which case the last
                            -11-           LRB9000204DPccam01
 1    person who treats, incinerates,  or  partially  recycles  the
 2    hazardous  waste  prior  to disposal is the generator; or (2)
 3    the hazardous waste is from a response action, in which  case
 4    the  person  performing the response action is the generator.
 5    This subsection (h) does not apply  to  any  hazardous  waste
 6    that is restricted from land disposal under 35 Ill. Adm. Code
 7    728.
 8        (i)  Before issuing any RCRA permit or any permit for the
 9    conduct   of  any  waste-transportation,  or  waste-disposal,
10    waste-transfer, or waste-incineration operation,  the  Agency
11    shall  conduct  an  evaluation  of the prospective operator's
12    prior experience in waste management operations.  The  Agency
13    may  deny  such  a  permit if the prospective operator or any
14    employee or officer of the prospective operator has a history
15    of:
16             (1)  repeated violations of federal, State, or local
17        laws,  regulations,  standards,  or  ordinances  in   the
18        operation of refuse disposal facilities or sites; or
19             (2)  conviction  in  this  or  another  State of any
20        crime which is a felony under the laws of this State,  or
21        conviction of a felony in a federal court; or
22             (3)  proof  of gross carelessness or incompetence in
23        handling, storing, processing, transporting or  disposing
24        of any hazardous waste.
25        (j)  The issuance under this Act of a permit to engage in
26    the  surface  mining of any resources other than fossil fuels
27    shall not relieve the permittee from its duty to comply  with
28    any   applicable   local  law  regulating  the  commencement,
29    location or operation of surface mining facilities.
30        (k)  A development permit issued under subsection (a)  of
31    Section 39 for any facility or site which is required to have
32    a  permit  under subsection (d) of Section 21 shall expire at
33    the end of 2 calendar years from the date upon which  it  was
34    issued,  unless  within  that  period the applicant has taken
                            -12-           LRB9000204DPccam01
 1    action to develop the facility or the site. In the event that
 2    review of the conditions of the development permit is  sought
 3    pursuant  to Section 40 or 41, or permittee is prevented from
 4    commencing development of the facility or site by  any  other
 5    litigation  beyond  the  permittee's  control,  such two-year
 6    period shall be deemed to begin on the date upon  which  such
 7    review  process or litigation is concluded.
 8        (l)  No  permit  shall be issued by the Agency under this
 9    Act for construction or operation of  any  facility  or  site
10    located within the boundaries of any setback zone established
11    pursuant to this Act, where such construction or operation is
12    prohibited.
13        (m)  The  Agency  may  issue permits to persons owning or
14    operating a  facility  for  composting  landscape  waste.  In
15    granting  such permits, the Agency may impose such conditions
16    as may be necessary to accomplish the purposes of  this  Act,
17    and  as  are  not  inconsistent  with  applicable regulations
18    promulgated by the Board.  Except as  otherwise  provided  in
19    this Act, a bond or other security shall not be required as a
20    condition for the issuance of a permit.  If the Agency denies
21    any  permit  pursuant  to  this  subsection, the Agency shall
22    transmit to the applicant within the time limitations of this
23    subsection specific, detailed statements as  to  the  reasons
24    the  permit  application  was  denied.  Such statements shall
25    include but not be limited to the following:
26             (1)  the Sections of this Act that may  be  violated
27        if the permit were granted;
28             (2)  the  specific  regulations promulgated pursuant
29        to this Act that may  be  violated  if  the  permit  were
30        granted;
31             (3)  the  specific  information,  if any, the Agency
32        deems the applicant did not provide in its application to
33        the Agency; and
34             (4)  a statement of specific reasons why the Act and
                            -13-           LRB9000204DPccam01
 1        the regulations might be  violated  if  the  permit  were
 2        granted.
 3        If  no final action is taken by the Agency within 90 days
 4    after the filing of the application for permit, the applicant
 5    may deem the permit issued.  Any applicant for a  permit  may
 6    waive  the  90  day  limitation by filing a written statement
 7    with the Agency.
 8        The Agency shall issue permits for such  facilities  upon
 9    receipt  of  an application that includes a legal description
10    of the site, a topographic map of the site drawn to the scale
11    of 200 feet to the inch  or  larger,  a  description  of  the
12    operation,  including  the  area  served,  an estimate of the
13    volume of materials to be processed, and documentation that:
14             (1)  the facility includes a setback of at least 200
15        feet from the nearest potable water supply well;
16             (2)  the facility is located outside the boundary of
17        the 10-year floodplain or the site will be floodproofed;
18             (3)  the facility  is  located  so  as  to  minimize
19        incompatibility  with  the  character  of the surrounding
20        area, including at least a  200  foot  setback  from  any
21        residence,  and  in  the  case  of  a  facility  that  is
22        developed  or  the  permitted composting area of which is
23        expanded after November 17, 1991, the composting area  is
24        located  at  least  1/8  mile  from the nearest residence
25        (other than a residence located on the same  property  as
26        the facility);
27             (4)  the  design  of  the  facility will prevent any
28        compost material from being placed within 5 feet  of  the
29        water  table,  will  adequately  control  runoff from the
30        site, and will collect and manage any  leachate  that  is
31        generated on the site;
32             (5)  the  operation  of  the  facility  will include
33        appropriate dust and odor control  measures,  limitations
34        on  operating  hours,  appropriate noise control measures
                            -14-           LRB9000204DPccam01
 1        for shredding, chipping and similar equipment, management
 2        procedures for composting, containment  and  disposal  of
 3        non-compostable   wastes,   procedures  to  be  used  for
 4        terminating operations at  the  site,  and  recordkeeping
 5        sufficient  to document the amount of materials received,
 6        composted and otherwise disposed of; and
 7             (6)  the operation will be conducted  in  accordance
 8        with any applicable rules adopted by the Board.
 9        The  Agency  shall  issue renewable permits of not longer
10    than 10 years in duration for  the  composting  of  landscape
11    wastes,  as defined in Section 3.70 of this Act, based on the
12    above requirements.
13        The  operator  of  any  facility  permitted  under   this
14    subsection  (m) must submit a written annual statement to the
15    Agency on or before April 1 of each  year  that  includes  an
16    estimate  of  the  amount  of material, in tons, received for
17    composting.
18        (n)  The Agency shall  issue  permits  jointly  with  the
19    Department  of  Transportation for the dredging or deposit of
20    material in Lake Michigan in accordance with  Section  18  of
21    the Rivers, Lakes, and Streams Act.
22        (o)  From  September  4, 1990 until December 31, 1993, no
23    permit shall be issued by the Agency for the  development  or
24    construction  of any new facility intended to be used for the
25    incineration  of any hazardous waste. This  subsection  shall
26    not  apply  to  facilities intended for use for combustion of
27    potentially infectious medical waste, for use as  part  of  a
28    State  or  federally  designated  clean-up action, or for use
29    solely for the conduct of research and  the  development  and
30    demonstration   of   technologies  for  the  incineration  of
31    hazardous waste.
32        (p) (1)  Any  person  submitting  an  application  for  a
33    permit for a new MSWLF unit or for a lateral expansion  under
34    subsection  (t)  of  Section  21  of this Act for an existing
                            -15-           LRB9000204DPccam01
 1    MSWLF unit that has not received and is not subject to  local
 2    siting  approval under Section 39.2 of this Act shall publish
 3    notice  of  the  application  in  a  newspaper   of   general
 4    circulation  in  the  county in which the MSWLF unit is or is
 5    proposed to be located.  The  notice  must  be  published  at
 6    least  15 days before submission of the permit application to
 7    the Agency.  The notice shall state the name and  address  of
 8    the  applicant,  the  location  of the MSWLF unit or proposed
 9    MSWLF unit, the nature and size of the MSWLF unit or proposed
10    MSWLF unit, the nature of the activity proposed, the probable
11    life  of  the  proposed  activity,  the   date   the   permit
12    application  will  be submitted, and a statement that persons
13    may file written comments  with  the  Agency  concerning  the
14    permit  application  within  30  days after the filing of the
15    permit application unless the time period to submit  comments
16    is extended by the Agency.
17        When a permit applicant submits information to the Agency
18    to  supplement  a  permit  application  being reviewed by the
19    Agency, the applicant shall not be required  to  reissue  the
20    notice under this subsection.
21        (2)  The  Agency shall accept written comments concerning
22    the permit application that are postmarked no later  then  30
23    days  after  the filing of the permit application, unless the
24    time period to accept comments is extended by the Agency.
25        (3)  Each applicant for a permit described in part (1) of
26    this subsection shall file a copy of the  permit  application
27    with  the  county board or governing body of the municipality
28    in which the MSWLF unit is or is proposed to  be  located  at
29    the  same  time  the  application is submitted to the Agency.
30    The  permit  application  filed  with  the  county  board  or
31    governing  body  of  the  municipality  shall   include   all
32    documents  submitted  to  or  to  be submitted to the Agency,
33    except trade secrets as determined under Section 7.1 of  this
34    Act.  The permit application and other documents on file with
                            -16-           LRB9000204DPccam01
 1    the  county board or governing body of the municipality shall
 2    be  made  available  for  public  inspection  during  regular
 3    business hours at the office  of  the  county  board  or  the
 4    governing  body  of  the  municipality and may be copied upon
 5    payment of the actual cost of reproduction.
 6    (Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464;  88-496;
 7    88-670,  eff.  12-2-94;  88-681,  eff. 12-22-94; 89-487, eff.
 8    6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)
 9        (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
10        Sec. 39.2.  Local siting approval.
11        (a) The county board of the county or the governing  body
12    of  the  municipality,  as  determined  by  paragraph  (c) of
13    Section 39 of this  Act,  shall  approve  or  disapprove  the
14    request  for local siting approval for each pollution control
15    facility which is subject to such review.  An  applicant  for
16    local   siting   approval  shall  submit  sufficient  details
17    describing the proposed facility to  demonstrate  compliance,
18    and  local  siting  approval  shall  be  granted  only if the
19    proposed facility meets the following criteria:
20             (i)  the facility is necessary  to  accommodate  the
21        waste needs of the area it is intended to serve;
22             (ii)  the  facility  is  so  designed,  located  and
23        proposed  to  be  operated that the public health, safety
24        and welfare will be protected;
25             (iii)  the facility is located  so  as  to  minimize
26        incompatibility  with  the  character  of the surrounding
27        area and to minimize the  effect  on  the  value  of  the
28        surrounding property;
29             (iv)  the  facility  is located outside the boundary
30        of the 100 year flood plain or the site is flood-proofed;
31             (v)  the plan of  operations  for  the  facility  is
32        designed  to  minimize the danger to the surrounding area
33        from fire, spills, or other operational accidents;
                            -17-           LRB9000204DPccam01
 1             (vi)  the traffic patterns to or from  the  facility
 2        are  so  designed  as  to minimize the impact on existing
 3        traffic flows;
 4             (vii)  if the facility will be treating, storing  or
 5        disposing  of hazardous waste, an emergency response plan
 6        exists for  the  facility  which  includes  notification,
 7        containment  and evacuation procedures to be used in case
 8        of an accidental release;
 9             (viii)  if the facility is to be located in a county
10        where  the  county  board  has  adopted  a  solid   waste
11        management plan consistent with the planning requirements
12        of  the Local Solid Waste Disposal Act or the Solid Waste
13        Planning and Recycling Act, the  facility  is  consistent
14        with that plan; and
15             (ix)  if  the  facility  will  be  located  within a
16        regulated  recharge  area,  any  applicable  requirements
17        specified by the Board for such areas have been met.
18        The  county  board  or  the   governing   body   of   the
19    municipality  may  also  consider  as  evidence  the previous
20    operating  experience  and  past  record  of  convictions  or
21    admissions of violations of the applicant (and any subsidiary
22    or parent corporation) in the field of solid waste management
23    when considering criteria (ii) and (v) under this Section.
24        (b)  No later  than  14  days  prior  to  a  request  for
25    location approval the applicant shall cause written notice of
26    such  request  to be served either in person or by registered
27    mail, return receipt requested, on the owners of all property
28    within the subject area not solely owned  by  the  applicant,
29    and  on  the  owners  of all property within 250 feet in each
30    direction of the lot  line  of  the  subject  property,  said
31    owners  being  such persons or entities which appear from the
32    authentic tax records of the County in which such facility is
33    to be located; provided, that the number of all feet occupied
34    by all public roads, streets, alleys and  other  public  ways
                            -18-           LRB9000204DPccam01
 1    shall  be  excluded  in  computing  the 250 feet requirement;
 2    provided further, that in no  event  shall  this  requirement
 3    exceed  400  feet, including public streets, alleys and other
 4    public ways.
 5        Such written notice shall also be served upon members  of
 6    the  General  Assembly from the legislative district in which
 7    the proposed facility is located and shall be published in  a
 8    newspaper  of  general circulation published in the county in
 9    which the site is located.
10        Such notice shall state  the  name  and  address  of  the
11    applicant,  the location of the proposed site, the nature and
12    size of the development, the nature of the activity proposed,
13    the probable life of the proposed activity, the date when the
14    request  for  site  approval  will  be   submitted,   and   a
15    description  of  the  right  of  persons  to  comment on such
16    request as hereafter provided.
17        (c)  An applicant shall file a copy of its  request  with
18    the  county  board of the county or the governing body of the
19    municipality in which the  proposed  site  is  located.   The
20    request  shall  include  (i) the substance of the applicant's
21    proposal and (ii) all documents, if any, submitted as of that
22    date to the  Agency  pertaining  to  the  proposed  facility,
23    except  trade secrets as determined under Section 7.1 of this
24    Act.  All such documents or other materials on file with  the
25    county  board  or governing body of the municipality shall be
26    made available for public inspection at  the  office  of  the
27    county  board  or  the governing body of the municipality and
28    may  be  copied  upon  payment  of   the   actual   cost   of
29    reproduction.
30        Any person may file written comment with the county board
31    or   governing   body  of  the  municipality  concerning  the
32    appropriateness  of  the  proposed  site  for  its   intended
33    purpose.    The   county  board  or  governing  body  of  the
34    municipality  shall  consider   any   comment   received   or
                            -19-           LRB9000204DPccam01
 1    postmarked  not later than 30 days after the date of the last
 2    public hearing.
 3        (d)  At least one public hearing is to  be  held  by  the
 4    county  board or governing body of the municipality no sooner
 5    than 90 days but no later than 120 days from receipt  of  the
 6    request  for  site  approval,  such hearing to be preceded by
 7    published  notice  in  a  newspaper  of  general  circulation
 8    published in the county of the proposed site, and  notice  by
 9    certified  mail  to  all members of the General Assembly from
10    the district in which the proposed site is  located,  to  the
11    governing  authority  of every municipality contiguous to the
12    proposed site or contiguous to the municipality in which  the
13    proposed site is to be located, and to the Agency. The public
14    hearing  shall  develop a record sufficient to form the basis
15    of appeal of the decision in accordance with Section 40.1  of
16    this  Act.   The  fact  that  a member of the county board or
17    governing body of the municipality has publicly expressed  an
18    opinion on an issue related to a site review proceeding shall
19    not  preclude  the  member from taking part in the proceeding
20    and voting on the issue.
21        (e)  Decisions of the county board or governing  body  of
22    the municipality are to be in writing, specifying the reasons
23    for  the  decision,  such  reasons  to be in conformance with
24    subsection (a) of this Section.  In granting approval  for  a
25    site  the  county board or governing body of the municipality
26    may impose such conditions as may be reasonable and necessary
27    to accomplish the purposes of this Section  and  as  are  not
28    inconsistent with regulations promulgated by the Board.  Such
29    decision  shall  be  available  for  public inspection at the
30    office  of  the  county  board  or  governing  body  of   the
31    municipality  and  may  be  copied upon payment of the actual
32    cost of reproduction. If there is  no  final  action  by  the
33    county board or governing body of the municipality within 180
34    days  after  the  filing of the request for site approval the
                            -20-           LRB9000204DPccam01
 1    applicant may deem the request approved.
 2        At any time prior to completion by the applicant  of  the
 3    presentation  of  the  applicant's  factual  evidence  and an
 4    opportunity for cross-questioning  by  the  county  board  or
 5    governing  body of the municipality and any participants, the
 6    applicant may file not more than one amended application upon
 7    payment of additional fees pursuant  to  subsection  (k);  in
 8    which  case the time limitation for final action set forth in
 9    this subsection (e)  shall  be  extended  for  an  additional
10    period of 90 days.
11        (e-5)  Siting  approval obtained pursuant to this Section
12    is transferable and may be transferred to a subsequent  owner
13    or  operator.  In  the  event  that  siting approval has been
14    transferred  to  a  subsequent  owner   or   operator,   that
15    subsequent owner or operator assumes and takes subject to any
16    and  all  conditions imposed upon the prior owner or operator
17    by the county board of the county or governing  body  of  the
18    municipality  pursuant  to  subsection (e). However, any such
19    conditions imposed pursuant to this Section may  be  modified
20    by agreement between the subsequent owner or operator and the
21    appropriate  county  board or governing body. Further, in the
22    event that siting approval obtained pursuant to this  Section
23    has  been transferred to a subsequent owner or operator, that
24    subsequent  owner  or  operator  assumes   all   rights   and
25    obligations  and  takes  the  facility subject to any and all
26    terms and conditions of any existing host  agreement  between
27    the  prior owner or operator and the appropriate county board
28    or governing body.
29        (f)  A local siting approval granted under  this  Section
30    shall  expire  at  the  end of 2 calendar years from the date
31    upon which it was granted, unless the local  siting  approval
32    granted  under  this  Section  is  for  a  sanitary  landfill
33    operation, in which case the approval shall expire at the end
34    of  3 calendar years from the date upon which it was granted,
                            -21-           LRB9000204DPccam01
 1    and  unless  within  that  period  the  applicant  has   made
 2    application  to  the Agency for a permit to develop the site.
 3    In  the  event  that  the  local  siting  decision  has  been
 4    appealed, such expiration period shall be deemed to begin  on
 5    the date upon which the appeal process is concluded.
 6        Except as otherwise provided in this subsection, upon the
 7    expiration  of  a  development permit under subsection (k) of
 8    Section 39, any associated local siting approval granted  for
 9    the facility under this Section shall also expire.
10        If  a  first  development  permit  for  a municipal waste
11    incineration facility expires under subsection (k) of Section
12    39 after September 30, 1989 due to circumstances  beyond  the
13    control   of  the  applicant,  any  associated  local  siting
14    approval granted for the facility under this Section  may  be
15    used  to  fulfill  the local siting approval requirement upon
16    application for a second  development  permit  for  the  same
17    site,  provided  that  the proposal in the new application is
18    materially  the  same,  with  respect  to  the  criteria   in
19    subsection (a) of this Section, as the proposal that received
20    the  original siting approval, and application for the second
21    development permit is made before January 1, 1990.
22        (g)  The siting approval procedures, criteria and  appeal
23    procedures provided for in this Act for new pollution control
24    facilities shall be the exclusive siting procedures and rules
25    and   appeal   procedures  for  facilities  subject  to  such
26    procedures. Local zoning or other local land use requirements
27    shall not be applicable to such siting decisions.
28        (h)  Nothing in this Section shall apply to any  existing
29    or   new   pollution  control  facility  located  within  the
30    corporate limits of a municipality with a population of  over
31    1,000,000.
32        (i)  The  Department  shall  make  a  study  of technical
33    considerations  relating  to  the  siting  of  new  pollution
34    control facilities. Such study shall include, but need not be
                            -22-           LRB9000204DPccam01
 1    limited to, a determination of the  geologic  and  hydrologic
 2    conditions  in the State most suitable for the siting of such
 3    facilities,  the  establishment  of  a  data  base  on   such
 4    conditions   in   Illinois,   and   recommendations  for  the
 5    establishment of technical guidelines and criteria to be used
 6    in making such siting decisions. The Department shall  report
 7    such  study  and recommendations to the General Assembly, the
 8    Governor, the Board and the public no later than  October  1,
 9    1984.
10        The   Board  shall  adopt  regulations  establishing  the
11    geologic and hydrologic siting criteria necessary to  protect
12    usable  groundwater resources which are to be followed by the
13    Agency in its review of permit applications for new pollution
14    control facilities. Such regulations, insofar as  they  apply
15    to  new  pollution  control  facilities  authorized to store,
16    treat or dispose of any hazardous waste, shall be at least as
17    stringent as the requirements of  the  Resource  Conservation
18    and Recovery Act and any State or federal regulations adopted
19    pursuant thereto.
20        (j)  Any  new  pollution control facility which has never
21    obtained local siting approval under the provisions  of  this
22    Section  shall  be  required  to obtain such approval after a
23    final decision on an appeal of a permit denial.
24        (k)  A county board or governing body of  a  municipality
25    may  charge applicants for siting review under this Section a
26    reasonable fee to cover the reasonable  and  necessary  costs
27    incurred  by such county or municipality in the siting review
28    process.
29        (l)  The governing Authority as determined by  subsection
30    (c)  of  Section 39 of this Act may request the Department of
31    Transportation to perform traffic impact studies of  proposed
32    or   potential   locations  for  required  pollution  control
33    facilities.
34        (m)  An applicant may not file a request for local siting
                            -23-           LRB9000204DPccam01
 1    approval which is substantially the same as a  request  which
 2    was  disapproved  pursuant to a finding against the applicant
 3    under any of criteria (i) through (ix) of subsection  (a)  of
 4    this Section within the preceding 2 years.
 5        (n)  In any review proceeding of a decision of the county
 6    board  or  governing  body of a municipality made pursuant to
 7    the local siting review process, the petitioner in the review
 8    proceeding shall pay to the county or municipality  the  cost
 9    of  preparing  and  certifying  the  record  of  proceedings.
10    Should  the  petitioner in the review proceeding fail to make
11    payment, the provisions of Section 3-109 of the Code of Civil
12    Procedure shall apply.
13        In the event the petitioner is  a  citizens'  group  that
14    participated in the siting proceeding and is so located as to
15    be  affected  by the proposed facility, such petitioner shall
16    be exempt from paying the costs of preparing  and  certifying
17    the record.
18        (o)  Notwithstanding any other provision of this Section,
19    a  transfer  station  used  exclusively  for landscape waste,
20    where landscape waste is held no longer than  24  hours  from
21    the  time it was received, is not subject to the requirements
22    of local siting approval under this Section, but  is  subject
23    only to local zoning approval.
24    (Source: P.A.  88-557,  eff.  7-27-94; 88-681, eff. 12-22-94;
25    89-102,  eff.  7-7-95;  89-200,  eff.  1-1-96;  89-626,  eff.
26    8-9-96.)
27        Section 99. Effective date. This Act  takes  effect  upon
28    becoming law.".

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