90th General Assembly
Summary of HB0767
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House Sponsors:

Senate Sponsors:

Short description: 
EPA-POLL CONTRL FACIL-PERMIT                                               

Synopsis of Bill as introduced:
        Amends  the  Environmental  Protection  Act.  Provides   that   a      
   subsequent  owner  of a new pollution control facility is not required      
   to submit proof that the location of the facility  has  been  approved      
   pursuant  to  the  local  siting  review  process  if the location has      
   already been approved by a local siting body,  the  Pollution  Control      
   Board,  or  a court of competent jurisdiction prior to the transfer of      
   ownership to the subsequent owner.                                          
          FISCAL NOTE (Pollution Control Bd.)                                  
          HB 767 is not expected to significantly increase the number of       
          appeals the Board will hear in any given fiscal year; any            
          additional appeals can be handled with current resources.            
          FISCAL NOTE, AMENDED (Environmental Protection Agency)               
          No fiscal impact on IEPA.                                            
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          415 ILCS 5/39.2                 from Ch. 111 1/2, par. 1039.2        
        Replaces the title and  everything  after  the  enacting  clause.      
   Amends  the  Environmental  Protection Act. Provides that local siting      
   appproval is transferrable to a subsequent owner or operator. Requires      
   the Environmental Protection Agency to evaluate the  prior  experience      
   in  waste  management  of  a  prospective operator of a waste transfer      
   station or  incinerator  facility  before  issuing  a  permit  to  the      
   prospective  operator.  Requires  the  Agency  to  evaluate  the waste      
   management history of the subsequent owner of  a  facility,  that  has      
   already  been  subject to local siting review, before issuing a permit      
   to the subsequent owner. Adds immediate effective date.                     
          STATE MANDATES FISCAL NOTE                                           
          In the opinion of DCCA, HB767 fails to create a State mandate.       
          STATE MANDATES FISCAL NOTE, H-am 1                                   
          In the opinion of DCCA, HB767, as amended by Amendment 1, fails      
          to create a State mandate under the State Mandates Act.              
        HOUSE AMENDMENT NO. 2.                                                 
        Specifies that the Environmental Protection Agency  may  grant  a      
   development  or  construction  permit on application by the subsequent      
   owner of a facility for which local siting approval was granted to the      
   prior owner.  Makes stylistic  changes.  Provides  that  a  subsequent      
   owner  of  a  pollution  control  facility,  upon  application  for an      
   Environmental Protection Agency permit, shall notify the county  board      
   or  governing  body  of the municipality that granted approval for the      
   facility and any party to the original  siting  proceeding.   Requires      
   the  Agency to conduct an evaluation of a prospective operator's prior      
   waste management experience in the case of a sanitary landfill,  waste      
   treatment facility, and waste storage site.                                 
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends the retention of the provision of the Environmental         
   Protection Act requiring the Environmental Protection Agency to eval-       
   uate the prior waste management experience of a prospective owner or        
   operator of a waste transportation operation before it issues an RCRA       
   or any permit to the prospective owner.                                     
Last action on Bill: PUBLIC ACT.............................. 90-0537

   Last action date: 97-11-26

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


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