Public Act 095-0288
 
HB0316 Enrolled LRB095 03761 CMK 23790 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Sections 39 and 39.2 as follows:
 
    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
    Sec. 39. Issuance of permits; procedures.
    (a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of
facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this
Section. In making its determinations on permit applications
under this Section the Agency may consider prior adjudications
of noncompliance with this Act by the applicant that involved a
release of a contaminant into the environment. In granting
permits, the Agency may impose reasonable conditions
specifically related to the applicant's past compliance
history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include,
but not be limited to the following:
        (i) the Sections of this Act which may be violated if
    the permit were granted;
        (ii) the provision of the regulations, promulgated
    under this Act, which may be violated if the permit were
    granted;
        (iii) the specific type of information, if any, which
    the Agency deems the applicant did not provide the Agency;
    and
        (iv) a statement of specific reasons why the Act and
    the regulations might not be met if the permit were
    granted.
    If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection (p)
of Section 39. The 90-day and 180-day time periods for the
Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, or to
UIC permit applications under subsection (e) of this Section.
    The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for
significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
    After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of
air pollution permitted to emit less than 25 tons per year of
any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
    After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to
have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its
rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution operating
permit program consistent with this paragraph and shall adopt
rules that require a source to demonstrate that it qualifies
for a permit under this paragraph.
    (b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
    All NPDES permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act.
    The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
    The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,
Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto, and
schedules for achieving compliance therewith at the earliest
reasonable date.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
    The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or by
regulations of the Board without the requirement of a variance,
subject to the Federal Water Pollution Control Act, as now or
hereafter amended, and regulations pursuant thereto.
    (c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be granted
by the Agency unless the applicant submits proof to the Agency
that the location of the facility has been approved by the
County Board of the county if in an unincorporated area, or the
governing body of the municipality when in an incorporated
area, in which the facility is to be located in accordance with
Section 39.2 of this Act. For purposes of this subsection (c),
and for purposes of Section 39.2 of this Act, the appropriate
county board or governing body of the municipality shall be the
county board of the county or the governing body of the
municipality in which the facility is to be located as of the
date when the application for siting approval is filed.
    In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of
the permit application to be served upon the appropriate county
board or governing body of the municipality that granted siting
approval for that facility and upon any party to the siting
proceeding pursuant to which siting approval was granted. In
that event, the Agency shall conduct an evaluation of the
subsequent owner or operator's prior experience in waste
management operations in the manner conducted under subsection
(i) of Section 39 of this Act.
    Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than
100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any
permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality.
    In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that the
location of the facility has been approved by the appropriate
county board or municipal governing body pursuant to Section
39.2 of this Act.
    After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more
consecutive calendars years, before that facility may accept
any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to the
Agency for a permit authorizing the temporary suspension of
waste acceptance. The Agency may not issue a new operation
permit under this Act for the facility unless the applicant has
submitted proof to the Agency that the location of the facility
has been approved or re-approved by the appropriate county
board or municipal governing body under Section 39.2 of this
Act after the facility ceased accepting waste.
    Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
    Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning the
proposed facility.
    The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is made:
        (1) the municipal waste transfer station was in
    existence on or before January 1, 1979 and was in
    continuous operation from January 1, 1979 to January 1,
    1993;
        (2) the operator submitted a permit application to the
    Agency to develop and operate the municipal waste transfer
    station during April of 1994;
        (3) the operator can demonstrate that the county board
    of the county, if the municipal waste transfer station is
    in an unincorporated area, or the governing body of the
    municipality, if the station is in an incorporated area,
    does not object to resumption of the operation of the
    station; and
        (4) the site has local zoning approval.
    (d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act.
    All RCRA permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act. The Agency may include among such conditions standards and
other requirements established under this Act, Board
regulations, the Resource Conservation and Recovery Act of 1976
(P.L. 94-580), as amended, and regulations pursuant thereto,
and may include schedules for achieving compliance therewith as
soon as possible. The Agency shall require that a performance
bond or other security be provided as a condition for the
issuance of a RCRA permit.
    In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to
be incinerated as may be necessary and appropriate to ensure
the safe operation of the incinerator.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
pursuant thereto.
    The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
    (e) The Agency may issue UIC permits exclusively under this
subsection to persons owning or operating a facility for the
underground injection of contaminants as defined under this
Act.
    All UIC permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act. The Agency may include among such conditions standards and
other requirements established under this Act, Board
regulations, the Safe Drinking Water Act (P.L. 93-523), as
amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
    The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
    (f) In making any determination pursuant to Section 9.1 of
this Act:
        (1) The Agency shall have authority to make the
    determination of any question required to be determined by
    the Clean Air Act, as now or hereafter amended, this Act,
    or the regulations of the Board, including the
    determination of the Lowest Achievable Emission Rate,
    Maximum Achievable Control Technology, or Best Available
    Control Technology, consistent with the Board's
    regulations, if any.
        (2) The Agency shall, after conferring with the
    applicant, give written notice to the applicant of its
    proposed decision on the application including the terms
    and conditions of the permit to be issued and the facts,
    conduct or other basis upon which the Agency will rely to
    support its proposed action.
        (3) Following such notice, the Agency shall give the
    applicant an opportunity for a hearing in accordance with
    the provisions of Sections 10-25 through 10-60 of the
    Illinois Administrative Procedure Act.
    (g) The Agency shall include as conditions upon all permits
issued for hazardous waste disposal sites such restrictions
upon the future use of such sites as are reasonably necessary
to protect public health and the environment, including
permanent prohibition of the use of such sites for purposes
which may create an unreasonable risk of injury to human health
or to the environment. After administrative and judicial
challenges to such restrictions have been exhausted, the Agency
shall file such restrictions of record in the Office of the
Recorder of the county in which the hazardous waste disposal
site is located.
    (h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator
has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the
purposes of the Act and are consistent with this Act and
regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of Section
40 of this Act. For purposes of this subsection (h), the term
"generator" has the meaning given in Section 3.205 of this Act,
unless: (1) the hazardous waste is treated, incinerated, or
partially recycled for reuse prior to disposal, in which case
the last person who treats, incinerates, or partially recycles
the hazardous waste prior to disposal is the generator; or (2)
the hazardous waste is from a response action, in which case
the person performing the response action is the generator.
This subsection (h) does not apply to any hazardous waste that
is restricted from land disposal under 35 Ill. Adm. Code 728.
    (i) Before issuing any RCRA permit, any permit for a waste
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, or any permit or interim
authorization for a clean construction or demolition debris
fill operation, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations and clean construction or demolition
debris fill operations. The Agency may deny such a permit, or
deny or revoke interim authorization, if the prospective owner
or operator or any employee or officer of the prospective owner
or operator has a history of:
        (1) repeated violations of federal, State, or local
    laws, regulations, standards, or ordinances in the
    operation of waste management facilities or sites or clean
    construction or demolition debris fill operation
    facilities or sites; or
        (2) conviction in this or another State of any crime
    which is a felony under the laws of this State, or
    conviction of a felony in a federal court; or conviction in
    this or another state or federal court of any of the
    following crimes: forgery, official misconduct, bribery,
    perjury, or knowingly submitting false information under
    any environmental law, regulation, or permit term or
    condition; or
        (3) proof of gross carelessness or incompetence in
    handling, storing, processing, transporting or disposing
    of waste or clean construction or demolition debris, or
    proof of gross carelessness or incompetence in using clean
    construction or demolition debris as fill.
    (i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred
between January 1, 2005, and the effective date of the
prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed contamination
at the site, unless such contamination is authorized under any
permit issued by the Agency.
    (j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement, location
or operation of surface mining facilities.
    (k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the
end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation
beyond the permittee's control, such two-year period shall be
deemed to begin on the date upon which such review process or
litigation is concluded.
    (l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
    (m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions as
may be necessary to accomplish the purposes of this Act, and as
are not inconsistent with applicable regulations promulgated
by the Board. Except as otherwise provided in this Act, a bond
or other security shall not be required as a condition for the
issuance of a permit. If the Agency denies any permit pursuant
to this subsection, the Agency shall transmit to the applicant
within the time limitations of this subsection specific,
detailed statements as to the reasons the permit application
was denied. Such statements shall include but not be limited to
the following:
        (1) the Sections of this Act that may be violated if
    the permit were granted;
        (2) the specific regulations promulgated pursuant to
    this Act that may be violated if the permit were granted;
        (3) the specific information, if any, the Agency deems
    the applicant did not provide in its application to the
    Agency; and
        (4) a statement of specific reasons why the Act and the
    regulations might be violated if the permit were granted.
    If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90 day limitation by filing a written statement with
the Agency.
    The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:
        (1) the facility includes a setback of at least 200
    feet from the nearest potable water supply well;
        (2) the facility is located outside the boundary of the
    10-year floodplain or the site will be floodproofed;
        (3) the facility is located so as to minimize
    incompatibility with the character of the surrounding
    area, including at least a 200 foot setback from any
    residence, and in the case of a facility that is developed
    or the permitted composting area of which is expanded after
    November 17, 1991, the composting area is located at least
    1/8 mile from the nearest residence (other than a residence
    located on the same property as the facility);
        (4) the design of the facility will prevent any compost
    material from being placed within 5 feet of the water
    table, will adequately control runoff from the site, and
    will collect and manage any leachate that is generated on
    the site;
        (5) the operation of the facility will include
    appropriate dust and odor control measures, limitations on
    operating hours, appropriate noise control measures for
    shredding, chipping and similar equipment, management
    procedures for composting, containment and disposal of
    non-compostable wastes, procedures to be used for
    terminating operations at the site, and recordkeeping
    sufficient to document the amount of materials received,
    composted and otherwise disposed of; and
        (6) the operation will be conducted in accordance with
    any applicable rules adopted by the Board.
    The Agency shall issue renewable permits of not longer than
10 years in duration for the composting of landscape wastes, as
defined in Section 3.155 of this Act, based on the above
requirements.
    The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
    (n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.
    (o) (Blank.)
    (p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting
approval under Section 39.2 of this Act shall publish notice of
the application in a newspaper of general circulation in the
county in which the MSWLF unit is or is proposed to be located.
The notice must be published at least 15 days before submission
of the permit application to the Agency. The notice shall state
the name and address of the applicant, the location of the
MSWLF unit or proposed MSWLF unit, the nature and size of the
MSWLF unit or proposed MSWLF unit, the nature of the activity
proposed, the probable life of the proposed activity, the date
the permit application will be submitted, and a statement that
persons may file written comments with the Agency concerning
the permit application within 30 days after the filing of the
permit application unless the time period to submit comments is
extended by the Agency.
    When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
    (2) The Agency shall accept written comments concerning the
permit application that are postmarked no later than 30 days
after the filing of the permit application, unless the time
period to accept comments is extended by the Agency.
    (3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The
permit application filed with the county board or governing
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.
(Source: P.A. 93-575, eff. 1-1-04; 94-272, eff. 7-19-05;
94-725, eff. 6-1-06.)
 
    (415 ILCS 5/39.2)  (from Ch. 111 1/2, par. 1039.2)
    Sec. 39.2. Local siting review.
    (a) The county board of the county or the governing body of
the municipality, as determined by paragraph (c) of Section 39
of this Act, shall approve or disapprove the request for local
siting approval for each pollution control facility which is
subject to such review. An applicant for local siting approval
shall submit sufficient details describing the proposed
facility to demonstrate compliance, and local siting approval
shall be granted only if the proposed facility meets the
following criteria:
        (i) the facility is necessary to accommodate the waste
    needs of the area it is intended to serve;
        (ii) the facility is so designed, located and proposed
    to be operated that the public health, safety and welfare
    will be protected;
        (iii) the facility is located so as to minimize
    incompatibility with the character of the surrounding area
    and to minimize the effect on the value of the surrounding
    property;
        (iv) (A) for a facility other than a sanitary landfill
    or waste disposal site, the facility is located outside the
    boundary of the 100 year flood plain or the site is
    flood-proofed; (B) for a facility that is a sanitary
    landfill or waste disposal site, the facility is located
    outside the boundary of the 100-year floodplain, or if the
    facility is a facility described in subsection (b)(3) of
    Section 22.19a, the site is flood-proofed;
        (v) the plan of operations for the facility is designed
    to minimize the danger to the surrounding area from fire,
    spills, or other operational accidents;
        (vi) the traffic patterns to or from the facility are
    so designed as to minimize the impact on existing traffic
    flows;
        (vii) if the facility will be treating, storing or
    disposing of hazardous waste, an emergency response plan
    exists for the facility which includes notification,
    containment and evacuation procedures to be used in case of
    an accidental release;
        (viii) if the facility is to be located in a county
    where the county board has adopted a solid waste management
    plan consistent with the planning requirements of the Local
    Solid Waste Disposal Act or the Solid Waste Planning and
    Recycling Act, the facility is consistent with that plan;
    for purposes of this criterion (viii), the "solid waste
    management plan" means the plan that is in effect as of the
    date the application for siting approval is filed; and
        (ix) if the facility will be located within a regulated
    recharge area, any applicable requirements specified by
    the Board for such areas have been met.
    The county board or the governing body of the municipality
may also consider as evidence the previous operating experience
and past record of convictions or admissions of violations of
the applicant (and any subsidiary or parent corporation) in the
field of solid waste management when considering criteria (ii)
and (v) under this Section.
    If the facility is subject to the location restrictions in
Section 22.14 of this Act, compliance with that Section shall
be determined as of the date the application for siting
approval is filed.
    (b) No later than 14 days before the date on which the
county board or governing body of the municipality receives a
request for site approval, the applicant shall cause written
notice of such request to be served either in person or by
registered mail, return receipt requested, on the owners of all
property within the subject area not solely owned by the
applicant, and on the owners of all property within 250 feet in
each direction of the lot line of the subject property, said
owners being such persons or entities which appear from the
authentic tax records of the County in which such facility is
to be located; provided, that the number of all feet occupied
by all public roads, streets, alleys and other public ways
shall be excluded in computing the 250 feet requirement;
provided further, that in no event shall this requirement
exceed 400 feet, including public streets, alleys and other
public ways.
    Such written notice shall also be served upon members of
the General Assembly from the legislative district in which the
proposed facility is located and shall be published in a
newspaper of general circulation published in the county in
which the site is located.
    Such notice shall state the name and address of the
applicant, the location of the proposed site, the nature and
size of the development, the nature of the activity proposed,
the probable life of the proposed activity, the date when the
request for site approval will be submitted, and a description
of the right of persons to comment on such request as hereafter
provided.
    (c) An applicant shall file a copy of its request with the
county board of the county or the governing body of the
municipality in which the proposed site is located. The request
shall include (i) the substance of the applicant's proposal and
(ii) all documents, if any, submitted as of that date to the
Agency pertaining to the proposed facility, except trade
secrets as determined under Section 7.1 of this Act. All such
documents or other materials on file with the county board or
governing body of the municipality shall be made available for
public inspection at the office of the county board or the
governing body of the municipality and may be copied upon
payment of the actual cost of reproduction.
    Any person may file written comment with the county board
or governing body of the municipality concerning the
appropriateness of the proposed site for its intended purpose.
The county board or governing body of the municipality shall
consider any comment received or postmarked not later than 30
days after the date of the last public hearing.
    (d) At least one public hearing is to be held by the county
board or governing body of the municipality no sooner than 90
days but no later than 120 days after the date on which it
received the request for site approval. No later than 14 days
prior to such hearing, notice shall be published in a newspaper
of general circulation published in the county of the proposed
site, and delivered by certified mail to all members of the
General Assembly from the district in which the proposed site
is located, to the governing authority of every municipality
contiguous to the proposed site or contiguous to the
municipality in which the proposed site is to be located, to
the county board of the county where the proposed site is to be
located, if the proposed site is located within the boundaries
of a municipality, and to the Agency. Members or
representatives of the governing authority of a municipality
contiguous to the proposed site or contiguous to the
municipality in which the proposed site is to be located and,
if the proposed site is located in a municipality, members or
representatives of the county board of a county in which the
proposed site is to be located may appear at and participate in
public hearings held pursuant to this Section. The public
hearing shall develop a record sufficient to form the basis of
appeal of the decision in accordance with Section 40.1 of this
Act. The fact that a member of the county board or governing
body of the municipality has publicly expressed an opinion on
an issue related to a site review proceeding shall not preclude
the member from taking part in the proceeding and voting on the
issue.
    (e) Decisions of the county board or governing body of the
municipality are to be in writing, specifying the reasons for
the decision, such reasons to be in conformance with subsection
(a) of this Section. In granting approval for a site the county
board or governing body of the municipality may impose such
conditions as may be reasonable and necessary to accomplish the
purposes of this Section and as are not inconsistent with
regulations promulgated by the Board. Such decision shall be
available for public inspection at the office of the county
board or governing body of the municipality and may be copied
upon payment of the actual cost of reproduction. If there is no
final action by the county board or governing body of the
municipality within 180 days after the date on which it
received the request for site approval, the applicant may deem
the request approved.
    At any time prior to completion by the applicant of the
presentation of the applicant's factual evidence and an
opportunity for cross-questioning by the county board or
governing body of the municipality and any participants, the
applicant may file not more than one amended application upon
payment of additional fees pursuant to subsection (k); in which
case the time limitation for final action set forth in this
subsection (e) shall be extended for an additional period of 90
days.
    If, prior to making a final local siting decision, a county
board or governing body of a municipality has negotiated and
entered into a host agreement with the local siting applicant,
the terms and conditions of the host agreement, whether written
or oral, shall be disclosed and made a part of the hearing
record for that local siting proceeding. In the case of an oral
agreement, the disclosure shall be made in the form of a
written summary jointly prepared and submitted by the county
board or governing body of the municipality and the siting
applicant and shall describe the terms and conditions of the
oral agreement.
    (e-5) Siting approval obtained pursuant to this Section is
transferable and may be transferred to a subsequent owner or
operator. In the event that siting approval has been
transferred to a subsequent owner or operator, that subsequent
owner or operator assumes and takes subject to any and all
conditions imposed upon the prior owner or operator by the
county board of the county or governing body of the
municipality pursuant to subsection (e). However, any such
conditions imposed pursuant to this Section may be modified by
agreement between the subsequent owner or operator and the
appropriate county board or governing body. Further, in the
event that siting approval obtained pursuant to this Section
has been transferred to a subsequent owner or operator, that
subsequent owner or operator assumes all rights and obligations
and takes the facility subject to any and all terms and
conditions of any existing host agreement between the prior
owner or operator and the appropriate county board or governing
body.
    (f) A local siting approval granted under this Section
shall expire at the end of 2 calendar years from the date upon
which it was granted, unless the local siting approval granted
under this Section is for a sanitary landfill operation, in
which case the approval shall expire at the end of 3 calendar
years from the date upon which it was granted, and unless
within that period the applicant has made application to the
Agency for a permit to develop the site. In the event that the
local siting decision has been appealed, such expiration period
shall be deemed to begin on the date upon which the appeal
process is concluded.
    Except as otherwise provided in this subsection, upon the
expiration of a development permit under subsection (k) of
Section 39, any associated local siting approval granted for
the facility under this Section shall also expire.
    If a first development permit for a municipal waste
incineration facility expires under subsection (k) of Section
39 after September 30, 1989 due to circumstances beyond the
control of the applicant, any associated local siting approval
granted for the facility under this Section may be used to
fulfill the local siting approval requirement upon application
for a second development permit for the same site, provided
that the proposal in the new application is materially the
same, with respect to the criteria in subsection (a) of this
Section, as the proposal that received the original siting
approval, and application for the second development permit is
made before January 1, 1990.
    (g) The siting approval procedures, criteria and appeal
procedures provided for in this Act for new pollution control
facilities shall be the exclusive siting procedures and rules
and appeal procedures for facilities subject to such
procedures. Local zoning or other local land use requirements
shall not be applicable to such siting decisions.
    (h) Nothing in this Section shall apply to any existing or
new pollution control facility located within the corporate
limits of a municipality with a population of over 1,000,000.
    (i) (Blank.)
    The Board shall adopt regulations establishing the
geologic and hydrologic siting criteria necessary to protect
usable groundwater resources which are to be followed by the
Agency in its review of permit applications for new pollution
control facilities. Such regulations, insofar as they apply to
new pollution control facilities authorized to store, treat or
dispose of any hazardous waste, shall be at least as stringent
as the requirements of the Resource Conservation and Recovery
Act and any State or federal regulations adopted pursuant
thereto.
    (j) Any new pollution control facility which has never
obtained local siting approval under the provisions of this
Section shall be required to obtain such approval after a final
decision on an appeal of a permit denial.
    (k) A county board or governing body of a municipality may
charge applicants for siting review under this Section a
reasonable fee to cover the reasonable and necessary costs
incurred by such county or municipality in the siting review
process.
    (l) The governing Authority as determined by subsection (c)
of Section 39 of this Act may request the Department of
Transportation to perform traffic impact studies of proposed or
potential locations for required pollution control facilities.
    (m) An applicant may not file a request for local siting
approval which is substantially the same as a request which was
disapproved pursuant to a finding against the applicant under
any of criteria (i) through (ix) of subsection (a) of this
Section within the preceding 2 years.
    (n) In any review proceeding of a decision of the county
board or governing body of a municipality made pursuant to the
local siting review process, the petitioner in the review
proceeding shall pay to the county or municipality the cost of
preparing and certifying the record of proceedings. Should the
petitioner in the review proceeding fail to make payment, the
provisions of Section 3-109 of the Code of Civil Procedure
shall apply.
    In the event the petitioner is a citizens' group that
participated in the siting proceeding and is so located as to
be affected by the proposed facility, such petitioner shall be
exempt from paying the costs of preparing and certifying the
record.
    (o) Notwithstanding any other provision of this Section, a
transfer station used exclusively for landscape waste, where
landscape waste is held no longer than 24 hours from the time
it was received, is not subject to the requirements of local
siting approval under this Section, but is subject only to
local zoning approval.
(Source: P.A. 94-591, eff. 8-15-05.)
 
    (415 ILCS 115/Act rep.)
    Section 10. The Illinois Pollution Prevention Act is
repealed.
 
    Section 97. Applicability. The changes made by Section 5 of
this amendatory Act of the 95th General Assembly apply only to
siting applications filed on or after the effective date of
this amendatory Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.