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91_HB4720
LRB9113897ACtmA
1 AN ACT to amend the Environmental Protection Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Section 39 as follows:
6 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
7 Sec. 39. Issuance of permits; procedures.
8 (a) When the Board has by regulation required a permit
9 for the construction, installation, or operation of any type
10 of facility, equipment, vehicle, vessel, or aircraft, the
11 applicant shall apply to the Agency for such permit and it
12 shall be the duty of the Agency to issue such a permit upon
13 proof by the applicant that the facility, equipment, vehicle,
14 vessel, or aircraft will not cause a violation of this Act or
15 of regulations hereunder. The Agency shall adopt such
16 procedures as are necessary to carry out its duties under
17 this Section. In granting permits the Agency may impose such
18 conditions as may be necessary to accomplish the purposes of
19 this Act, and as are not inconsistent with the regulations
20 promulgated by the Board hereunder. Except as otherwise
21 provided in this Act, a bond or other security shall not be
22 required as a condition for the issuance of a permit. If the
23 Agency denies any permit under this Section, the Agency shall
24 transmit to the applicant within the time limitations of this
25 Section specific, detailed statements as to the reasons the
26 permit application was denied. Such statements shall
27 include, but not be limited to the following:
28 (i) the Sections of this Act which may be violated
29 if the permit were granted;
30 (ii) the provision of the regulations, promulgated
31 under this Act, which may be violated if the permit were
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1 granted;
2 (iii) the specific type of information, if any,
3 which the Agency deems the applicant did not provide the
4 Agency; and
5 (iv) a statement of specific reasons why the Act
6 and the regulations might not be met if the permit were
7 granted.
8 If there is no final action by the Agency within 90 days
9 after the filing of the application for permit, the applicant
10 may deem the permit issued; except that this time period
11 shall be extended to 180 days when (1) notice and
12 opportunity for public hearing are required by State or
13 federal law or regulation, (2) the application which was
14 filed is for any permit to develop a landfill subject to
15 issuance pursuant to this subsection, or (3) the application
16 that was filed is for a MSWLF unit required to issue public
17 notice under subsection (p) of Section 39.
18 The Agency shall publish notice of all final permit
19 determinations for development permits for MSWLF units and
20 for significant permit modifications for lateral expansions
21 for existing MSWLF units one time in a newspaper of general
22 circulation in the county in which the unit is or is proposed
23 to be located.
24 After January 1, 1994 and until July 1, 1998, operating
25 permits issued under this Section by the Agency for sources
26 of air pollution permitted to emit less than 25 tons per year
27 of any combination of regulated air pollutants, as defined in
28 Section 39.5 of this Act, shall be required to be renewed
29 only upon written request by the Agency consistent with
30 applicable provisions of this Act and regulations promulgated
31 hereunder. Such operating permits shall expire 180 days
32 after the date of such a request. The Board shall revise its
33 regulations for the existing State air pollution operating
34 permit program consistent with this provision by January 1,
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1 1994.
2 After June 30, 1998, operating permits issued under this
3 Section by the Agency for sources of air pollution that are
4 not subject to Section 39.5 of this Act and are not required
5 to have a federally enforceable State operating permit shall
6 be required to be renewed only upon written request by the
7 Agency consistent with applicable provisions of this Act and
8 its rules. Such operating permits shall expire 180 days
9 after the date of such a request. Before July 1, 1998, the
10 Board shall revise its rules for the existing State air
11 pollution operating permit program consistent with this
12 paragraph and shall adopt rules that require a source to
13 demonstrate that it qualifies for a permit under this
14 paragraph.
15 (b) The Agency may issue NPDES permits exclusively under
16 this subsection for the discharge of contaminants from point
17 sources into navigable waters, all as defined in the Federal
18 Water Pollution Control Act, as now or hereafter amended,
19 within the jurisdiction of the State, or into any well.
20 All NPDES permits shall contain those terms and
21 conditions, including but not limited to schedules of
22 compliance, which may be required to accomplish the purposes
23 and provisions of this Act.
24 The Agency may issue general NPDES permits for discharges
25 from categories of point sources which are subject to the
26 same permit limitations and conditions. Such general permits
27 may be issued without individual applications and shall
28 conform to regulations promulgated under Section 402 of the
29 Federal Water Pollution Control Act, as now or hereafter
30 amended.
31 The Agency may include, among such conditions, effluent
32 limitations and other requirements established under this
33 Act, Board regulations, the Federal Water Pollution Control
34 Act, as now or hereafter amended, and regulations pursuant
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1 thereto, and schedules for achieving compliance therewith at
2 the earliest reasonable date.
3 The Agency shall adopt filing requirements and procedures
4 which are necessary and appropriate for the issuance of NPDES
5 permits, and which are consistent with the Act or regulations
6 adopted by the Board, and with the Federal Water Pollution
7 Control Act, as now or hereafter amended, and regulations
8 pursuant thereto.
9 The Agency, subject to any conditions which may be
10 prescribed by Board regulations, may issue NPDES permits to
11 allow discharges beyond deadlines established by this Act or
12 by regulations of the Board without the requirement of a
13 variance, subject to the Federal Water Pollution Control Act,
14 as now or hereafter amended, and regulations pursuant
15 thereto.
16 (c) Except for those facilities owned or operated by
17 sanitary districts organized under the Metropolitan Water
18 Reclamation District Act, no permit for the development or
19 construction of a new pollution control facility may be
20 granted by the Agency unless the applicant submits proof to
21 the Agency that the location of the facility has been
22 approved by the County Board of the county if in an
23 unincorporated area, or the governing body of the
24 municipality when in an incorporated area, in which the
25 facility is to be located in accordance with Section 39.2 of
26 this Act.
27 In the event that siting approval granted pursuant to
28 Section 39.2 has been transferred to a subsequent owner or
29 operator, that subsequent owner or operator may apply to the
30 Agency for, and the Agency may grant, a development or
31 construction permit for the facility for which local siting
32 approval was granted. Upon application to the Agency for a
33 development or construction permit by that subsequent owner
34 or operator, the permit applicant shall cause written notice
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1 of the permit application to be served upon the appropriate
2 county board or governing body of the municipality that
3 granted siting approval for that facility and upon any party
4 to the siting proceeding pursuant to which siting approval
5 was granted. In that event, the Agency shall conduct an
6 evaluation of the subsequent owner or operator's prior
7 experience in waste management operations in the manner
8 conducted under subsection (i) of Section 39 of this Act.
9 Beginning August 20, 1993, if the pollution control
10 facility consists of a hazardous or solid waste disposal
11 facility for which the proposed site is located in an
12 unincorporated area of a county with a population of less
13 than 100,000 and includes all or a portion of a parcel of
14 land that was, on April 1, 1993, adjacent to a municipality
15 having a population of less than 5,000, then the local siting
16 review required under this subsection (c) in conjunction with
17 any permit applied for after that date shall be performed by
18 the governing body of that adjacent municipality rather than
19 the county board of the county in which the proposed site is
20 located; and for the purposes of that local siting review,
21 any references in this Act to the county board shall be
22 deemed to mean the governing body of that adjacent
23 municipality; provided, however, that the provisions of this
24 paragraph shall not apply to any proposed site which was, on
25 April 1, 1993, owned in whole or in part by another
26 municipality.
27 In the case of a pollution control facility for which a
28 development permit was issued before November 12, 1981, if an
29 operating permit has not been issued by the Agency prior to
30 August 31, 1989 for any portion of the facility, then the
31 Agency may not issue or renew any development permit nor
32 issue an original operating permit for any portion of such
33 facility unless the applicant has submitted proof to the
34 Agency that the location of the facility has been approved by
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1 the appropriate county board or municipal governing body
2 pursuant to Section 39.2 of this Act.
3 After January 1, 1994, if a solid waste disposal
4 facility, any portion for which an operating permit has been
5 issued by the Agency, has not accepted waste disposal for 5
6 or more consecutive calendars years, before that facility may
7 accept any new or additional waste for disposal, the owner
8 and operator must obtain a new operating permit under this
9 Act for that facility unless the owner and operator have
10 applied to the Agency for a permit authorizing the temporary
11 suspension of waste acceptance. The Agency may not issue a
12 new operation permit under this Act for the facility unless
13 the applicant has submitted proof to the Agency that the
14 location of the facility has been approved or re-approved by
15 the appropriate county board or municipal governing body
16 under Section 39.2 of this Act after the facility ceased
17 accepting waste.
18 Except for those facilities owned or operated by sanitary
19 districts organized under the Metropolitan Water Reclamation
20 District Act, and except for new pollution control facilities
21 governed by Section 39.2, and except for fossil fuel mining
22 facilities, the granting of a permit under this Act shall not
23 relieve the applicant from meeting and securing all necessary
24 zoning approvals from the unit of government having zoning
25 jurisdiction over the proposed facility.
26 Before beginning construction on any new sewage treatment
27 plant or sludge drying site to be owned or operated by a
28 sanitary district organized under the Metropolitan Water
29 Reclamation District Act for which a new permit (rather than
30 the renewal or amendment of an existing permit) is required,
31 such sanitary district shall hold a public hearing within the
32 municipality within which the proposed facility is to be
33 located, or within the nearest community if the proposed
34 facility is to be located within an unincorporated area, at
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1 which information concerning the proposed facility shall be
2 made available to the public, and members of the public shall
3 be given the opportunity to express their views concerning
4 the proposed facility.
5 The Agency may issue a permit for a municipal waste
6 transfer station without requiring approval pursuant to
7 Section 39.2 provided that the following demonstration is
8 made:
9 (1) the municipal waste transfer station was in
10 existence on or before January 1, 1979 and was in
11 continuous operation from January 1, 1979 to January 1,
12 1993;
13 (2) the operator submitted a permit application to
14 the Agency to develop and operate the municipal waste
15 transfer station during April of 1994;
16 (3) the operator can demonstrate that the county
17 board of the county, if the municipal waste transfer
18 station is in an unincorporated area, or the governing
19 body of the municipality, if the station is in an
20 incorporated area, does not object to resumption of the
21 operation of the station; and
22 (4) the site has local zoning approval.
23 (d) The Agency may issue RCRA permits exclusively under
24 this subsection to persons owning or operating a facility for
25 the treatment, storage, or disposal of hazardous waste as
26 defined under this Act.
27 All RCRA permits shall contain those terms and
28 conditions, including but not limited to schedules of
29 compliance, which may be required to accomplish the purposes
30 and provisions of this Act. The Agency may include among
31 such conditions standards and other requirements established
32 under this Act, Board regulations, the Resource Conservation
33 and Recovery Act of 1976 (P.L. 94-580), as amended, and
34 regulations pursuant thereto, and may include schedules for
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1 achieving compliance therewith as soon as possible. The
2 Agency shall require that a performance bond or other
3 security be provided as a condition for the issuance of a
4 RCRA permit.
5 In the case of a permit to operate a hazardous waste or
6 PCB incinerator as defined in subsection (k) of Section 44,
7 the Agency shall require, as a condition of the permit, that
8 the operator of the facility perform such analyses of the
9 waste to be incinerated as may be necessary and appropriate
10 to ensure the safe operation of the incinerator.
11 The Agency shall adopt filing requirements and procedures
12 which are necessary and appropriate for the issuance of RCRA
13 permits, and which are consistent with the Act or regulations
14 adopted by the Board, and with the Resource Conservation and
15 Recovery Act of 1976 (P.L. 94-580), as amended, and
16 regulations pursuant thereto.
17 The applicant shall make available to the public for
18 inspection all documents submitted by the applicant to the
19 Agency in furtherance of an application, with the exception
20 of trade secrets, at the office of the county board or
21 governing body of the municipality. Such documents may be
22 copied upon payment of the actual cost of reproduction during
23 regular business hours of the local office. The Agency shall
24 issue a written statement concurrent with its grant or denial
25 of the permit explaining the basis for its decision.
26 (e) The Agency may issue UIC permits exclusively under
27 this subsection to persons owning or operating a facility for
28 the underground injection of contaminants as defined under
29 this Act.
30 All UIC permits shall contain those terms and conditions,
31 including but not limited to schedules of compliance, which
32 may be required to accomplish the purposes and provisions of
33 this Act. The Agency may include among such conditions
34 standards and other requirements established under this Act,
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1 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
2 as amended, and regulations pursuant thereto, and may include
3 schedules for achieving compliance therewith. The Agency
4 shall require that a performance bond or other security be
5 provided as a condition for the issuance of a UIC permit.
6 The Agency shall adopt filing requirements and procedures
7 which are necessary and appropriate for the issuance of UIC
8 permits, and which are consistent with the Act or regulations
9 adopted by the Board, and with the Safe Drinking Water Act
10 (P.L. 93-523), as amended, and regulations pursuant thereto.
11 The applicant shall make available to the public for
12 inspection, all documents submitted by the applicant to the
13 Agency in furtherance of an application, with the exception
14 of trade secrets, at the office of the county board or
15 governing body of the municipality. Such documents may be
16 copied upon payment of the actual cost of reproduction during
17 regular business hours of the local office. The Agency shall
18 issue a written statement concurrent with its grant or denial
19 of the permit explaining the basis for its decision.
20 (f) In making any determination pursuant to Section 9.1
21 of this Act:
22 (1) The Agency shall have authority to make the
23 determination of any question required to be determined
24 by the Clean Air Act, as now or hereafter amended, this
25 Act, or the regulations of the Board, including the
26 determination of the Lowest Achievable Emission Rate,
27 Maximum Achievable Control Technology, or Best Available
28 Control Technology, consistent with the Board's
29 regulations, if any.
30 (2) The Agency shall, after conferring with the
31 applicant, give written notice to the applicant of its
32 proposed decision on the application including the terms
33 and conditions of the permit to be issued and the facts,
34 conduct or other basis upon which the Agency will rely to
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1 support its proposed action.
2 (3) Following such notice, the Agency shall give
3 the applicant an opportunity for a hearing in accordance
4 with the provisions of Sections 10-25 through 10-60 of
5 the Illinois Administrative Procedure Act.
6 (g) The Agency shall include as conditions upon all
7 permits issued for hazardous waste disposal sites such
8 restrictions upon the future use of such sites as are
9 reasonably necessary to protect public health and the
10 environment, including permanent prohibition of the use of
11 such sites for purposes which may create an unreasonable risk
12 of injury to human health or to the environment. After
13 administrative and judicial challenges to such restrictions
14 have been exhausted, the Agency shall file such restrictions
15 of record in the Office of the Recorder of the county in
16 which the hazardous waste disposal site is located.
17 (h) A hazardous waste stream may not be deposited in a
18 permitted hazardous waste site unless specific authorization
19 is obtained from the Agency by the generator and disposal
20 site owner and operator for the deposit of that specific
21 hazardous waste stream. The Agency may grant specific
22 authorization for disposal of hazardous waste streams only
23 after the generator has reasonably demonstrated that,
24 considering technological feasibility and economic
25 reasonableness, the hazardous waste cannot be reasonably
26 recycled for reuse, nor incinerated or chemically, physically
27 or biologically treated so as to neutralize the hazardous
28 waste and render it nonhazardous. In granting authorization
29 under this Section, the Agency may impose such conditions as
30 may be necessary to accomplish the purposes of the Act and
31 are consistent with this Act and regulations promulgated by
32 the Board hereunder. If the Agency refuses to grant
33 authorization under this Section, the applicant may appeal as
34 if the Agency refused to grant a permit, pursuant to the
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1 provisions of subsection (a) of Section 40 of this Act. For
2 purposes of this subsection (h), the term "generator" has the
3 meaning given in Section 3.12 of this Act, unless: (1) the
4 hazardous waste is treated, incinerated, or partially
5 recycled for reuse prior to disposal, in which case the last
6 person who treats, incinerates, or partially recycles the
7 hazardous waste prior to disposal is the generator; or (2)
8 the hazardous waste is from a response action, in which case
9 the person performing the response action is the generator.
10 This subsection (h) does not apply to any hazardous waste
11 that is restricted from land disposal under 35 Ill. Adm. Code
12 728.
13 (i) Before issuing any RCRA permit or any permit for a
14 waste storage site, sanitary landfill, waste disposal site,
15 waste transfer station, waste treatment facility, waste
16 incinerator, or any waste-transportation operation, the
17 Agency shall conduct an evaluation of the prospective owner's
18 or operator's prior experience in waste management
19 operations. The Agency may deny such a permit if the
20 prospective owner or operator or any employee or officer of
21 the prospective owner or operator has a history of:
22 (1) repeated violations of federal, State, or local
23 laws, regulations, standards, or ordinances in the
24 operation of waste management facilities or sites; or
25 (2) conviction in this or another State of any
26 crime which is a felony under the laws of this State, or
27 conviction of a felony in a federal court; or
28 (3) proof of gross carelessness or incompetence in
29 handling, storing, processing, transporting or disposing
30 of waste.
31 (j) The issuance under this Act of a permit to engage in
32 the surface mining of any resources other than fossil fuels
33 shall not relieve the permittee from its duty to comply with
34 any applicable local law regulating the commencement,
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1 location or operation of surface mining facilities.
2 (k) A development permit issued under subsection (a) of
3 Section 39 for any facility or site which is required to have
4 a permit under subsection (d) of Section 21 shall expire at
5 the end of 2 calendar years from the date upon which it was
6 issued, unless within that period the applicant has taken
7 action to develop the facility or the site. In the event that
8 review of the conditions of the development permit is sought
9 pursuant to Section 40 or 41, or permittee is prevented from
10 commencing development of the facility or site by any other
11 litigation beyond the permittee's control, such two-year
12 period shall be deemed to begin on the date upon which such
13 review process or litigation is concluded.
14 (l) No permit shall be issued by the Agency under this
15 Act for construction or operation of any facility or site
16 located within the boundaries of any setback zone established
17 pursuant to this Act, where such construction or operation is
18 prohibited.
19 (m) The Agency may issue permits to persons owning or
20 operating a facility for composting landscape waste. In
21 granting such permits, the Agency may impose such conditions
22 as may be necessary to accomplish the purposes of this Act,
23 and as are not inconsistent with applicable regulations
24 promulgated by the Board. Except as otherwise provided in
25 this Act, a bond or other security shall not be required as a
26 condition for the issuance of a permit. If the Agency denies
27 any permit pursuant to this subsection, the Agency shall
28 transmit to the applicant within the time limitations of this
29 subsection specific, detailed statements as to the reasons
30 the permit application was denied. Such statements shall
31 include but not be limited to the following:
32 (1) the Sections of this Act that may be violated
33 if the permit were granted;
34 (2) the specific regulations promulgated pursuant
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1 to this Act that may be violated if the permit were
2 granted;
3 (3) the specific information, if any, the Agency
4 deems the applicant did not provide in its application to
5 the Agency; and
6 (4) a statement of specific reasons why the Act and
7 the regulations might be violated if the permit were
8 granted.
9 If no final action is taken by the Agency within 90 days
10 after the filing of the application for permit, the applicant
11 may deem the permit issued. Any applicant for a permit may
12 waive the 90 day limitation by filing a written statement
13 with the Agency.
14 The Agency shall issue permits for such facilities upon
15 receipt of an application that includes a legal description
16 of the site, a topographic map of the site drawn to the scale
17 of 200 feet to the inch or larger, a description of the
18 operation, including the area served, an estimate of the
19 volume of materials to be processed, and documentation that:
20 (1) the facility includes a setback of at least 200
21 feet from the nearest potable water supply well;
22 (2) the facility is located outside the boundary of
23 the 10-year floodplain or the site will be floodproofed;
24 (3) the facility is located so as to minimize
25 incompatibility with the character of the surrounding
26 area, including at least a 200 foot setback from any
27 residence, and in the case of a facility that is
28 developed or the permitted composting area of which is
29 expanded after November 17, 1991, the composting area is
30 located at least 1/8 mile from the nearest residence
31 (other than a residence located on the same property as
32 the facility);
33 (4) the design of the facility will prevent any
34 compost material from being placed within 5 feet of the
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1 water table, will adequately control runoff from the
2 site, and will collect and manage any leachate that is
3 generated on the site;
4 (5) the operation of the facility will include
5 appropriate dust and odor control measures, limitations
6 on operating hours, appropriate noise control measures
7 for shredding, chipping and similar equipment, management
8 procedures for composting, containment and disposal of
9 non-compostable wastes, procedures to be used for
10 terminating operations at the site, and recordkeeping
11 sufficient to document the amount of materials received,
12 composted and otherwise disposed of; and
13 (6) the operation will be conducted in accordance
14 with any applicable rules adopted by the Board.
15 The Agency shall issue renewable permits of not longer
16 than 10 years in duration for the composting of landscape
17 wastes, as defined in Section 3.70 of this Act, based on the
18 above requirements.
19 The operator of any facility permitted under this
20 subsection (m) must submit a written annual statement to the
21 Agency on or before April 1 of each year that includes an
22 estimate of the amount of material, in tons, received for
23 composting.
24 (n) The Agency shall issue permits jointly with the
25 Department of Transportation for the dredging or deposit of
26 material in Lake Michigan in accordance with Section 18 of
27 the Rivers, Lakes, and Streams Act.
28 (o) From September 4, 1990 until December 31, 1993, no
29 permit shall be issued by the Agency for the development or
30 construction of any new facility intended to be used for the
31 incineration of any hazardous waste. This subsection shall
32 not apply to facilities intended for use for combustion of
33 potentially infectious medical waste, for use as part of a
34 State or federally designated clean-up action, or for use
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1 solely for the conduct of research and the development and
2 demonstration of technologies for the incineration of
3 hazardous waste.
4 (p) (1) Any person submitting an application for a
5 permit for a new MSWLF unit or for a lateral expansion under
6 subsection (t) of Section 21 of this Act for an existing
7 MSWLF unit that has not received and is not subject to local
8 siting approval under Section 39.2 of this Act shall publish
9 notice of the application in a newspaper of general
10 circulation in the county in which the MSWLF unit is or is
11 proposed to be located. The notice must be published at
12 least 15 days before submission of the permit application to
13 the Agency. The notice shall state the name and address of
14 the applicant, the location of the MSWLF unit or proposed
15 MSWLF unit, the nature and size of the MSWLF unit or proposed
16 MSWLF unit, the nature of the activity proposed, the probable
17 life of the proposed activity, the date the permit
18 application will be submitted, and a statement that persons
19 may file written comments with the Agency concerning the
20 permit application within 30 days after the filing of the
21 permit application unless the time period to submit comments
22 is extended by the Agency.
23 When a permit applicant submits information to the Agency
24 to supplement a permit application being reviewed by the
25 Agency, the applicant shall not be required to reissue the
26 notice under this subsection.
27 (2) The Agency shall accept written comments concerning
28 the permit application that are postmarked no later than 30
29 days after the filing of the permit application, unless the
30 time period to accept comments is extended by the Agency.
31 (3) Each applicant for a permit described in part (1) of
32 this subsection shall file a copy of the permit application
33 with the county board or governing body of the municipality
34 in which the MSWLF unit is or is proposed to be located at
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1 the same time the application is submitted to the Agency.
2 The permit application filed with the county board or
3 governing body of the municipality shall include all
4 documents submitted to or to be submitted to the Agency,
5 except trade secrets as determined under Section 7.1 of this
6 Act. The permit application and other documents on file with
7 the county board or governing body of the municipality shall
8 be made available for public inspection during regular
9 business hours at the office of the county board or the
10 governing body of the municipality and may be copied upon
11 payment of the actual cost of reproduction.
12 (g) If the Agency issues a permit to significantly
13 modify an existing landfill or to allow blasting at a
14 landfill or landfill site, the Agency must notify all media
15 outlets, elected mayors, village presidents, county board
16 chairs, elected State officials, and local and State law
17 enforcement agencies who serve any part of the area within a
18 10 mile radius of the landfill. Before issuing such a permit,
19 the Agency shall hold a public hearing in the area of the
20 landfill or landfill site. The Agency must give advance
21 notice to the public that a hearing will be held on the
22 permit.
23 (h) Before issuing a permit for modification of an
24 existing incinerator or for operation of a new incinerator,
25 the Agency shall hold a public hearing in the area in which
26 the incinerator is or will be located. The Agency must give
27 advance notice to the public that a hearing will be held on
28 the permit.
29 (Source: P.A. 89-487, eff. 6-21-96; 89-556, eff. 7-26-96;
30 90-14, eff. 7-1-97; 90-367, eff. 8-10-97; 90-537, eff.
31 11-26-97; 90-655, eff 7-30-98.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.