Public Act 90-0217 of the 90th General Assembly

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Public Act 90-0217

SB140 Enrolled                                 LRB9001061DPcc

    AN ACT to  amend  the  Environmental  Protection  Act  by
changing Section 39.2.

    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 Section 39.2 as follows:

    (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)  the  facility  is located outside the boundary
    of the 100 year flood plain or 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; 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.
    (b)  No later  than  14  days  prior  to  a  request  for
location 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 from receipt  of  the
request  for  site  approval.  No later than 14 days prior to
such hearing notice shall be, such hearing to be preceded  by
published  notice  in  a  newspaper  of  general  circulation
published  in  the  county  of the proposed site, and  notice
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 filing of 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.
    (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)  The  Department  shall  make  a  study  of technical
considerations  relating  to  the  siting  of  new  pollution
control facilities. Such study shall include, but need not be
limited to, a determination of the  geologic  and  hydrologic
conditions  in the State most suitable for the siting of such
facilities,  the  establishment  of  a  data  base  on   such
conditions   in   Illinois,   and   recommendations  for  the
establishment of technical guidelines and criteria to be used
in making such siting decisions. The Department shall  report
such  study  and recommendations to the General Assembly, the
Governor, the Board and the public no later than  October  1,
1984.
    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.  88-557,  eff.  7-27-94; 88-681, eff. 12-22-94;
89-102,  eff.  7-7-95;  89-200,  eff.  1-1-96;  89-626,  eff.
8-9-96.)

    Section 99.   Effective  date.   This  Act  takes  effect
January 1, 1998.

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