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[ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
[ Senate Amendment 001 ] |
90_SB0475eng 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2 Amends the Environmental Protection Act to prohibit the county board of a county or governing body of a municipality from entering into or negotiating a host agreement with a developer of a proposed pollution control facility before the board or governing body has rendered a local siting decision concerning the proposed facility. Effective immediately. LRB9001062DPmgB SB475 Engrossed LRB9001062DPmgB 1 AN ACT to amend the Environmental Protection Act by 2 changing Section 39.2. 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 as follows: 7 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2) 8 Sec. 39.2. Local siting review. 9 (a) The county board of the county or the governing body 10 of the municipality, as determined by paragraph (c) of 11 Section 39 of this Act, shall approve or disapprove the 12 request for local siting approval for each pollution control 13 facility which is subject to such review. An applicant for 14 local siting approval shall submit sufficient details 15 describing the proposed facility to demonstrate compliance, 16 and local siting approval shall be granted only if the 17 proposed facility meets the following criteria: 18 (i) the facility is necessary to accommodate the 19 waste needs of the area it is intended to serve; 20 (ii) the facility is so designed, located and 21 proposed to be operated that the public health, safety 22 and welfare will be protected; 23 (iii) the facility is located so as to minimize 24 incompatibility with the character of the surrounding 25 area and to minimize the effect on the value of the 26 surrounding property; 27 (iv) the facility is located outside the boundary 28 of the 100 year flood plain or the site is flood-proofed; 29 (v) the plan of operations for the facility is 30 designed to minimize the danger to the surrounding area 31 from fire, spills, or other operational accidents; SB475 Engrossed -2- LRB9001062DPmgB 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 SB475 Engrossed -3- LRB9001062DPmgB 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 SB475 Engrossed -4- LRB9001062DPmgB 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 SB475 Engrossed -5- LRB9001062DPmgB 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 If, prior to making a final local siting decision, a 12 county board or governing body of a municipality has 13 negotiated and entered into a host agreement with the local 14 siting applicant, the terms and conditions of the host 15 agreement, whether written or oral, shall be disclosed and 16 made a part of the hearing record for that local siting 17 proceeding. 18 (f) A local siting approval granted under this Section 19 shall expire at the end of 2 calendar years from the date 20 upon which it was granted, unless the local siting approval 21 granted under this Section is for a sanitary landfill 22 operation, in which case the approval shall expire at the end 23 of 3 calendar years from the date upon which it was granted, 24 and unless within that period the applicant has made 25 application to the Agency for a permit to develop the site. 26 In the event that the local siting decision has been 27 appealed, such expiration period shall be deemed to begin on 28 the date upon which the appeal process is concluded. 29 Except as otherwise provided in this subsection, upon the 30 expiration of a development permit under subsection (k) of 31 Section 39, any associated local siting approval granted for 32 the facility under this Section shall also expire. 33 If a first development permit for a municipal waste 34 incineration facility expires under subsection (k) of Section SB475 Engrossed -6- LRB9001062DPmgB 1 39 after September 30, 1989 due to circumstances beyond the 2 control of the applicant, any associated local siting 3 approval granted for the facility under this Section may be 4 used to fulfill the local siting approval requirement upon 5 application for a second development permit for the same 6 site, provided that the proposal in the new application is 7 materially the same, with respect to the criteria in 8 subsection (a) of this Section, as the proposal that received 9 the original siting approval, and application for the second 10 development permit is made before January 1, 1990. 11 (g) The siting approval procedures, criteria and appeal 12 procedures provided for in this Act for new pollution control 13 facilities shall be the exclusive siting procedures and rules 14 and appeal procedures for facilities subject to such 15 procedures. Local zoning or other local land use requirements 16 shall not be applicable to such siting decisions. 17 (h) Nothing in this Section shall apply to any existing 18 or new pollution control facility located within the 19 corporate limits of a municipality with a population of over 20 1,000,000. 21 (i) The Department shall make a study of technical 22 considerations relating to the siting of new pollution 23 control facilities. Such study shall include, but need not be 24 limited to, a determination of the geologic and hydrologic 25 conditions in the State most suitable for the siting of such 26 facilities, the establishment of a data base on such 27 conditions in Illinois, and recommendations for the 28 establishment of technical guidelines and criteria to be used 29 in making such siting decisions. The Department shall report 30 such study and recommendations to the General Assembly, the 31 Governor, the Board and the public no later than October 1, 32 1984. 33 The Board shall adopt regulations establishing the 34 geologic and hydrologic siting criteria necessary to protect SB475 Engrossed -7- LRB9001062DPmgB 1 usable groundwater resources which are to be followed by the 2 Agency in its review of permit applications for new pollution 3 control facilities. Such regulations, insofar as they apply 4 to new pollution control facilities authorized to store, 5 treat or dispose of any hazardous waste, shall be at least as 6 stringent as the requirements of the Resource Conservation 7 and Recovery Act and any State or federal regulations adopted 8 pursuant thereto. 9 (j) Any new pollution control facility which has never 10 obtained local siting approval under the provisions of this 11 Section shall be required to obtain such approval after a 12 final decision on an appeal of a permit denial. 13 (k) A county board or governing body of a municipality 14 may charge applicants for siting review under this Section a 15 reasonable fee to cover the reasonable and necessary costs 16 incurred by such county or municipality in the siting review 17 process. 18 (l) The governing Authority as determined by subsection 19 (c) of Section 39 of this Act may request the Department of 20 Transportation to perform traffic impact studies of proposed 21 or potential locations for required pollution control 22 facilities. 23 (m) An applicant may not file a request for local siting 24 approval which is substantially the same as a request which 25 was disapproved pursuant to a finding against the applicant 26 under any of criteria (i) through (ix) of subsection (a) of 27 this Section within the preceding 2 years. 28 (n) In any review proceeding of a decision of the county 29 board or governing body of a municipality made pursuant to 30 the local siting review process, the petitioner in the review 31 proceeding shall pay to the county or municipality the cost 32 of preparing and certifying the record of proceedings. 33 Should the petitioner in the review proceeding fail to make 34 payment, the provisions of Section 3-109 of the Code of Civil SB475 Engrossed -8- LRB9001062DPmgB 1 Procedure shall apply. 2 In the event the petitioner is a citizens' group that 3 participated in the siting proceeding and is so located as to 4 be affected by the proposed facility, such petitioner shall 5 be exempt from paying the costs of preparing and certifying 6 the record. 7 (o) Notwithstanding any other provision of this Section, 8 a transfer station used exclusively for landscape waste, 9 where landscape waste is held no longer than 24 hours from 10 the time it was received, is not subject to the requirements 11 of local siting approval under this Section, but is subject 12 only to local zoning approval. 13 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94; 14 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff. 15 8-9-96.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.