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90_SB0475enr
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.
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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;
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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
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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
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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
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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. In the case of an oral agreement, the disclosure
18 shall be made in the form of a written summary jointly
19 prepared and submitted by the county board or governing body
20 of the municipality and the siting applicant and shall
21 describe the terms and conditions of the oral agreement.
22 (f) A local siting approval granted under this Section
23 shall expire at the end of 2 calendar years from the date
24 upon which it was granted, unless the local siting approval
25 granted under this Section is for a sanitary landfill
26 operation, in which case the approval shall expire at the end
27 of 3 calendar years from the date upon which it was granted,
28 and unless within that period the applicant has made
29 application to the Agency for a permit to develop the site.
30 In the event that the local siting decision has been
31 appealed, such expiration period shall be deemed to begin on
32 the date upon which the appeal process is concluded.
33 Except as otherwise provided in this subsection, upon the
34 expiration of a development permit under subsection (k) of
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1 Section 39, any associated local siting approval granted for
2 the facility under this Section shall also expire.
3 If a first development permit for a municipal waste
4 incineration facility expires under subsection (k) of Section
5 39 after September 30, 1989 due to circumstances beyond the
6 control of the applicant, any associated local siting
7 approval granted for the facility under this Section may be
8 used to fulfill the local siting approval requirement upon
9 application for a second development permit for the same
10 site, provided that the proposal in the new application is
11 materially the same, with respect to the criteria in
12 subsection (a) of this Section, as the proposal that received
13 the original siting approval, and application for the second
14 development permit is made before January 1, 1990.
15 (g) The siting approval procedures, criteria and appeal
16 procedures provided for in this Act for new pollution control
17 facilities shall be the exclusive siting procedures and rules
18 and appeal procedures for facilities subject to such
19 procedures. Local zoning or other local land use requirements
20 shall not be applicable to such siting decisions.
21 (h) Nothing in this Section shall apply to any existing
22 or new pollution control facility located within the
23 corporate limits of a municipality with a population of over
24 1,000,000.
25 (i) The Department shall make a study of technical
26 considerations relating to the siting of new pollution
27 control facilities. Such study shall include, but need not be
28 limited to, a determination of the geologic and hydrologic
29 conditions in the State most suitable for the siting of such
30 facilities, the establishment of a data base on such
31 conditions in Illinois, and recommendations for the
32 establishment of technical guidelines and criteria to be used
33 in making such siting decisions. The Department shall report
34 such study and recommendations to the General Assembly, the
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1 Governor, the Board and the public no later than October 1,
2 1984.
3 The Board shall adopt regulations establishing the
4 geologic and hydrologic siting criteria necessary to protect
5 usable groundwater resources which are to be followed by the
6 Agency in its review of permit applications for new pollution
7 control facilities. Such regulations, insofar as they apply
8 to new pollution control facilities authorized to store,
9 treat or dispose of any hazardous waste, shall be at least as
10 stringent as the requirements of the Resource Conservation
11 and Recovery Act and any State or federal regulations adopted
12 pursuant thereto.
13 (j) Any new pollution control facility which has never
14 obtained local siting approval under the provisions of this
15 Section shall be required to obtain such approval after a
16 final decision on an appeal of a permit denial.
17 (k) A county board or governing body of a municipality
18 may charge applicants for siting review under this Section a
19 reasonable fee to cover the reasonable and necessary costs
20 incurred by such county or municipality in the siting review
21 process.
22 (l) The governing Authority as determined by subsection
23 (c) of Section 39 of this Act may request the Department of
24 Transportation to perform traffic impact studies of proposed
25 or potential locations for required pollution control
26 facilities.
27 (m) An applicant may not file a request for local siting
28 approval which is substantially the same as a request which
29 was disapproved pursuant to a finding against the applicant
30 under any of criteria (i) through (ix) of subsection (a) of
31 this Section within the preceding 2 years.
32 (n) In any review proceeding of a decision of the county
33 board or governing body of a municipality made pursuant to
34 the local siting review process, the petitioner in the review
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1 proceeding shall pay to the county or municipality the cost
2 of preparing and certifying the record of proceedings.
3 Should the petitioner in the review proceeding fail to make
4 payment, the provisions of Section 3-109 of the Code of Civil
5 Procedure shall apply.
6 In the event the petitioner is a citizens' group that
7 participated in the siting proceeding and is so located as to
8 be affected by the proposed facility, such petitioner shall
9 be exempt from paying the costs of preparing and certifying
10 the record.
11 (o) Notwithstanding any other provision of this Section,
12 a transfer station used exclusively for landscape waste,
13 where landscape waste is held no longer than 24 hours from
14 the time it was received, is not subject to the requirements
15 of local siting approval under this Section, but is subject
16 only to local zoning approval.
17 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
18 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
19 8-9-96.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.