Rep. Robert Rita

Filed: 3/9/2017

 

 


 

 


 
10000HB2842ham002LRB100 03633 MJP 22836 a

1
AMENDMENT TO HOUSE BILL 2842

2    AMENDMENT NO. ______. Amend House Bill 2842 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 39.2 as follows:
 
6    (415 ILCS 5/39.2)  (from Ch. 111 1/2, par. 1039.2)
7    Sec. 39.2. Local siting review.
8    (a) The county board of the county or the governing body of
9the municipality, as determined by paragraph (c) of Section 39
10of this Act, shall approve or disapprove the request for local
11siting approval for each pollution control facility which is
12subject to such review. An applicant for local siting approval
13shall submit sufficient details describing the proposed
14facility and evidence to demonstrate compliance, and local
15siting approval shall be granted only if the proposed facility
16meets the following criteria:

 

 

10000HB2842ham002- 2 -LRB100 03633 MJP 22836 a

1        (i) the facility is necessary to accommodate the waste
2    needs of the area it is intended to serve;
3        (ii) the facility is so designed, located and proposed
4    to be operated that the public health, safety and welfare
5    will be protected;
6        (iii) the facility is located so as to minimize
7    incompatibility with the character of the surrounding area
8    and to minimize the effect on the value of the surrounding
9    property;
10        (iv) (A) for a facility other than a sanitary landfill
11    or waste disposal site, the facility is located outside the
12    boundary of the 100 year flood plain or the site is
13    flood-proofed; (B) for a facility that is a sanitary
14    landfill or waste disposal site, the facility is located
15    outside the boundary of the 100-year floodplain, or if the
16    facility is a facility described in subsection (b)(3) of
17    Section 22.19a, the site is flood-proofed;
18        (v) the plan of operations for the facility is designed
19    to minimize the danger to the surrounding area from fire,
20    spills, or other operational accidents;
21        (vi) the traffic patterns to or from the facility are
22    so designed as to minimize the impact on existing traffic
23    flows;
24        (vii) if the facility will be treating, storing or
25    disposing of hazardous waste, an emergency response plan
26    exists for the facility which includes notification,

 

 

10000HB2842ham002- 3 -LRB100 03633 MJP 22836 a

1    containment and evacuation procedures to be used in case of
2    an accidental release;
3        (viii) if the facility is to be located in a county
4    where the county board has adopted a solid waste management
5    plan consistent with the planning requirements of the Local
6    Solid Waste Disposal Act or the Solid Waste Planning and
7    Recycling Act, the facility is consistent with that plan;
8    for purposes of this criterion (viii), the "solid waste
9    management plan" means the plan that is in effect as of the
10    date the application for siting approval is filed; and
11        (ix) if the facility will be located within a regulated
12    recharge area, any applicable requirements specified by
13    the Board for such areas have been met.
14    The county board or the governing body of the municipality
15may also consider as evidence the previous operating experience
16and past record of convictions or admissions of violations of
17the applicant (and any subsidiary or parent corporation) in the
18field of solid waste management when considering criteria (ii)
19and (v) under this Section.
20    If the facility is subject to the location restrictions in
21Section 22.14 of this Act, compliance with that Section shall
22be determined as of the date the application for siting
23approval is filed.
24    (b) No later than 14 days before the date on which the
25county board or governing body of the municipality receives a
26request for site approval, the applicant shall cause written

 

 

10000HB2842ham002- 4 -LRB100 03633 MJP 22836 a

1notice of such request to be served either in person or by
2registered mail, return receipt requested, on the owners of all
3property within the subject area not solely owned by the
4applicant, and on the owners of all property within 250 feet in
5each direction of the lot line of the subject property, said
6owners being such persons or entities which appear from the
7authentic tax records of the County in which such facility is
8to be located; provided, that the number of all feet occupied
9by all public roads, streets, alleys and other public ways
10shall be excluded in computing the 250 feet requirement;
11provided further, that in no event shall this requirement
12exceed 400 feet, including public streets, alleys and other
13public ways.
14    Such written notice shall also be served upon members of
15the General Assembly from the legislative district in which the
16proposed facility is located and shall be published in a
17newspaper of general circulation published in the county in
18which the site is located.
19    Such notice shall state the name and address of the
20applicant, the location of the proposed site, the nature and
21size of the development, the nature of the activity proposed,
22the probable life of the proposed activity, the date when the
23request for site approval will be submitted, and a description
24of the right of persons to comment on such request as hereafter
25provided.
26    (c) An applicant shall file a copy of its request with the

 

 

10000HB2842ham002- 5 -LRB100 03633 MJP 22836 a

1county board of the county or the governing body of the
2municipality in which the proposed site is located. The request
3shall include (i) the substance of the applicant's proposal and
4(ii) all documents, if any, submitted as of that date to the
5Agency pertaining to the proposed facility, except trade
6secrets as determined under Section 7.1 of this Act. All such
7documents or other materials on file with the county board or
8governing body of the municipality shall be made available for
9public inspection at the office of the county board or the
10governing body of the municipality and may be copied upon
11payment of the actual cost of reproduction.
12    Any person may file written comment with the county board
13or governing body of the municipality concerning the
14appropriateness of the proposed site for its intended purpose.
15The county board or governing body of the municipality shall
16consider any comment received or postmarked not later than 30
17days after the date of the last public hearing.
18    (d) At least one public hearing, at which an applicant
19shall present at least one witness to testify subject to
20cross-examination, is to be held by the county board or
21governing body of the municipality no sooner than 90 days but
22no later than 120 days after the date on which it received the
23request for site approval. No later than 14 days prior to such
24hearing, notice shall be published in a newspaper of general
25circulation published in the county of the proposed site, and
26delivered by certified mail to all members of the General

 

 

10000HB2842ham002- 6 -LRB100 03633 MJP 22836 a

1Assembly from the district in which the proposed site is
2located, to the governing authority of every municipality
3contiguous to the proposed site or contiguous to the
4municipality in which the proposed site is to be located, to
5the county board of the county where the proposed site is to be
6located, if the proposed site is located within the boundaries
7of a municipality, and to the Agency. Members or
8representatives of the governing authority of a municipality
9contiguous to the proposed site or contiguous to the
10municipality in which the proposed site is to be located and,
11if the proposed site is located in a municipality, members or
12representatives of the county board of a county in which the
13proposed site is to be located may appear at and participate in
14public hearings held pursuant to this Section. The public
15hearing shall develop a record sufficient to form the basis of
16appeal of the decision in accordance with Section 40.1 of this
17Act. The fact that a member of the county board or governing
18body of the municipality has publicly expressed an opinion on
19an issue related to a site review proceeding shall not preclude
20the member from taking part in the proceeding and voting on the
21issue.
22    (e) Decisions of the county board or governing body of the
23municipality are to be in writing, confirming a public hearing
24was held with testimony from at least one witness presented by
25the applicant, specifying the reasons for the decision, such
26reasons to be in conformance with subsection (a) of this

 

 

10000HB2842ham002- 7 -LRB100 03633 MJP 22836 a

1Section. In granting approval for a site the county board or
2governing body of the municipality may impose such conditions
3as may be reasonable and necessary to accomplish the purposes
4of this Section and as are not inconsistent with regulations
5promulgated by the Board. Such decision shall be available for
6public inspection at the office of the county board or
7governing body of the municipality and may be copied upon
8payment of the actual cost of reproduction. If there is no
9final action by the county board or governing body of the
10municipality within 180 days after the date on which it
11received the request for site approval, the applicant may deem
12the request approved.
13    At the public hearing, at any time prior to completion by
14the applicant of the presentation of the applicant's factual
15evidence, testimony, and an opportunity for cross-examination
16cross-questioning by the county board or governing body of the
17municipality and any participants, the applicant may file not
18more than one amended application upon payment of additional
19fees pursuant to subsection (k); in which case the time
20limitation for final action set forth in this subsection (e)
21shall be extended for an additional period of 90 days.
22    If, prior to making a final local siting decision, a county
23board or governing body of a municipality has negotiated and
24entered into a host agreement with the local siting applicant,
25the terms and conditions of the host agreement, whether written
26or oral, shall be disclosed and made a part of the hearing

 

 

10000HB2842ham002- 8 -LRB100 03633 MJP 22836 a

1record for that local siting proceeding. In the case of an oral
2agreement, the disclosure shall be made in the form of a
3written summary jointly prepared and submitted by the county
4board or governing body of the municipality and the siting
5applicant and shall describe the terms and conditions of the
6oral agreement.
7    (e-5) Siting approval obtained pursuant to this Section is
8transferable and may be transferred to a subsequent owner or
9operator. In the event that siting approval has been
10transferred to a subsequent owner or operator, that subsequent
11owner or operator assumes and takes subject to any and all
12conditions imposed upon the prior owner or operator by the
13county board of the county or governing body of the
14municipality pursuant to subsection (e). However, any such
15conditions imposed pursuant to this Section may be modified by
16agreement between the subsequent owner or operator and the
17appropriate county board or governing body. Further, in the
18event that siting approval obtained pursuant to this Section
19has been transferred to a subsequent owner or operator, that
20subsequent owner or operator assumes all rights and obligations
21and takes the facility subject to any and all terms and
22conditions of any existing host agreement between the prior
23owner or operator and the appropriate county board or governing
24body.
25    (f) A local siting approval granted under this Section
26shall expire at the end of 2 calendar years from the date upon

 

 

10000HB2842ham002- 9 -LRB100 03633 MJP 22836 a

1which it was granted, unless the local siting approval granted
2under this Section is for a sanitary landfill operation, in
3which case the approval shall expire at the end of 3 calendar
4years from the date upon which it was granted, and unless
5within that period the applicant has made application to the
6Agency for a permit to develop the site. In the event that the
7local siting decision has been appealed, such expiration period
8shall be deemed to begin on the date upon which the appeal
9process is concluded.
10    Except as otherwise provided in this subsection, upon the
11expiration of a development permit under subsection (k) of
12Section 39, any associated local siting approval granted for
13the facility under this Section shall also expire.
14    If a first development permit for a municipal waste
15incineration facility expires under subsection (k) of Section
1639 after September 30, 1989 due to circumstances beyond the
17control of the applicant, any associated local siting approval
18granted for the facility under this Section may be used to
19fulfill the local siting approval requirement upon application
20for a second development permit for the same site, provided
21that the proposal in the new application is materially the
22same, with respect to the criteria in subsection (a) of this
23Section, as the proposal that received the original siting
24approval, and application for the second development permit is
25made before January 1, 1990.
26    (g) The siting approval procedures, criteria and appeal

 

 

10000HB2842ham002- 10 -LRB100 03633 MJP 22836 a

1procedures provided for in this Act for new pollution control
2facilities shall be the exclusive siting procedures and rules
3and appeal procedures for facilities subject to such
4procedures. Local zoning or other local land use requirements
5shall not be applicable to such siting decisions.
6    (h) Nothing in this Section shall apply to any existing or
7new pollution control facility located within the corporate
8limits of a municipality with a population of over 1,000,000.
9    (i) (Blank.)
10    The Board shall adopt regulations establishing the
11geologic and hydrologic siting criteria necessary to protect
12usable groundwater resources which are to be followed by the
13Agency in its review of permit applications for new pollution
14control facilities. Such regulations, insofar as they apply to
15new pollution control facilities authorized to store, treat or
16dispose of any hazardous waste, shall be at least as stringent
17as the requirements of the Resource Conservation and Recovery
18Act and any State or federal regulations adopted pursuant
19thereto.
20    (j) Any new pollution control facility which has never
21obtained local siting approval under the provisions of this
22Section shall be required to obtain such approval after a final
23decision on an appeal of a permit denial.
24    (k) A county board or governing body of a municipality may
25charge applicants for siting review under this Section a
26reasonable fee to cover the reasonable and necessary costs

 

 

10000HB2842ham002- 11 -LRB100 03633 MJP 22836 a

1incurred by such county or municipality in the siting review
2process.
3    (l) The governing Authority as determined by subsection (c)
4of Section 39 of this Act may request the Department of
5Transportation to perform traffic impact studies of proposed or
6potential locations for required pollution control facilities.
7    (m) An applicant may not file a request for local siting
8approval which is substantially the same as a request which was
9disapproved pursuant to a finding against the applicant under
10any of criteria (i) through (ix) of subsection (a) of this
11Section within the preceding 2 years.
12    (n) In any review proceeding of a decision of the county
13board or governing body of a municipality made pursuant to the
14local siting review process, the petitioner in the review
15proceeding shall pay to the county or municipality the cost of
16preparing and certifying the record of proceedings. Should the
17petitioner in the review proceeding fail to make payment, the
18provisions of Section 3-109 of the Code of Civil Procedure
19shall apply.
20    In the event the petitioner is a citizens' group that
21participated in the siting proceeding and is so located as to
22be affected by the proposed facility, such petitioner shall be
23exempt from paying the costs of preparing and certifying the
24record.
25    (o) Notwithstanding any other provision of this Section, a
26transfer station used exclusively for landscape waste, where

 

 

10000HB2842ham002- 12 -LRB100 03633 MJP 22836 a

1landscape waste is held no longer than 24 hours from the time
2it was received, is not subject to the requirements of local
3siting approval under this Section, but is subject only to
4local zoning approval.
5(Source: P.A. 94-591, eff. 8-15-05; 95-288, eff. 8-20-07.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".