97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6153

 

Introduced , by Rep. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/3.330  was 415 ILCS 5/3.32
415 ILCS 5/39  from Ch. 111 1/2, par. 1039

    Amends the Environmental Protection Act. Specifies that any site or facility for the treatment, storage, or disposal of a hazardous waste is a pollution control facility. Provides that, if a new pollution control facility is to be located above an aquifer, then local siting approval must be obtained by the county board of each county located, in whole or part, within the aquifer's boundaries and the governing body of each municipality located, in whole or part, within the aquifer's boundaries


LRB097 18917 JDS 64155 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6153LRB097 18917 JDS 64155 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 3.330 and 39 as follows:
 
6    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
7    Sec. 3.330. Pollution control facility.
8    (a) "Pollution control facility" is any waste storage site,
9sanitary landfill, waste disposal site, waste transfer
10station, waste treatment facility, or waste incinerator. This
11includes sewers, sewage treatment plants, and any other
12facilities owned or operated by sanitary districts organized
13under the Metropolitan Water Reclamation District Act.
14    The following are not pollution control facilities:
15        (1) (blank);
16        (2) waste storage sites regulated under 40 CFR, Part
17    761.42;
18        (3) sites or facilities used by any person conducting a
19    waste storage, waste treatment, waste disposal, waste
20    transfer or waste incineration operation, or a combination
21    thereof, for wastes generated by such person's own
22    activities, when such wastes are stored, treated, disposed
23    of, transferred or incinerated within the site or facility

 

 

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1    owned, controlled or operated by such person, or when such
2    wastes are transported within or between sites or
3    facilities owned, controlled or operated by such person;
4        (4) sites or facilities at which the State is
5    performing removal or remedial action pursuant to Section
6    22.2 or 55.3;
7        (5) abandoned quarries used solely for the disposal of
8    concrete, earth materials, gravel, or aggregate debris
9    resulting from road construction activities conducted by a
10    unit of government or construction activities due to the
11    construction and installation of underground pipes, lines,
12    conduit or wires off of the premises of a public utility
13    company which are conducted by a public utility;
14        (6) sites or facilities used by any person to
15    specifically conduct a landscape composting operation;
16        (7) regional facilities as defined in the Central
17    Midwest Interstate Low-Level Radioactive Waste Compact;
18        (8) the portion of a site or facility where coal
19    combustion wastes are stored or disposed of in accordance
20    with subdivision (r)(2) or (r)(3) of Section 21;
21        (9) the portion of a site or facility used for the
22    collection, storage or processing of waste tires as defined
23    in Title XIV;
24        (10) the portion of a site or facility used for
25    treatment of petroleum contaminated materials by
26    application onto or incorporation into the soil surface and

 

 

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1    any portion of that site or facility used for storage of
2    petroleum contaminated materials before treatment. Only
3    those categories of petroleum listed in Section 57.9(a)(3)
4    are exempt under this subdivision (10);
5        (11) the portion of a site or facility where used oil
6    is collected or stored prior to shipment to a recycling or
7    energy recovery facility, provided that the used oil is
8    generated by households or commercial establishments, and
9    the site or facility is a recycling center or a business
10    where oil or gasoline is sold at retail;
11        (11.5) processing sites or facilities that receive
12    only on-specification used oil, as defined in 35 Ill.
13    Admin. Code 739, originating from used oil collectors for
14    processing that is managed under 35 Ill. Admin. Code 739 to
15    produce products for sale to off-site petroleum
16    facilities, if these processing sites or facilities are:
17    (i) located within a home rule unit of local government
18    with a population of at least 30,000 according to the 2000
19    federal census, that home rule unit of local government has
20    been designated as an Urban Round II Empowerment Zone by
21    the United States Department of Housing and Urban
22    Development, and that home rule unit of local government
23    has enacted an ordinance approving the location of the site
24    or facility and provided funding for the site or facility;
25    and (ii) in compliance with all applicable zoning
26    requirements;

 

 

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1        (12) the portion of a site or facility utilizing coal
2    combustion waste for stabilization and treatment of only
3    waste generated on that site or facility when used in
4    connection with response actions pursuant to the federal
5    Comprehensive Environmental Response, Compensation, and
6    Liability Act of 1980, the federal Resource Conservation
7    and Recovery Act of 1976, or the Illinois Environmental
8    Protection Act or as authorized by the Agency;
9        (13) the portion of a site or facility that (i) accepts
10    exclusively general construction or demolition debris,
11    (ii) is located in a county with a population over
12    3,000,000 as of January 1, 2000 or in a county that is
13    contiguous to such a county, and (iii) is operated and
14    located in accordance with Section 22.38 of this Act;
15        (14) the portion of a site or facility, located within
16    a unit of local government that has enacted local zoning
17    requirements, used to accept, separate, and process
18    uncontaminated broken concrete, with or without protruding
19    metal bars, provided that the uncontaminated broken
20    concrete and metal bars are not speculatively accumulated,
21    are at the site or facility no longer than one year after
22    their acceptance, and are returned to the economic
23    mainstream in the form of raw materials or products;
24        (15) the portion of a site or facility located in a
25    county with a population over 3,000,000 that has obtained
26    local siting approval under Section 39.2 of this Act for a

 

 

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1    municipal waste incinerator on or before July 1, 2005 and
2    that is used for a non-hazardous waste transfer station;
3        (16) a site or facility that temporarily holds in
4    transit for 10 days or less, non-putrescible solid waste in
5    original containers, no larger in capacity than 500
6    gallons, provided that such waste is further transferred to
7    a recycling, disposal, treatment, or storage facility on a
8    non-contiguous site and provided such site or facility
9    complies with the applicable 10-day transfer requirements
10    of the federal Resource Conservation and Recovery Act of
11    1976 and United States Department of Transportation
12    hazardous material requirements. For purposes of this
13    Section only, "non-putrescible solid waste" means waste
14    other than municipal garbage that does not rot or become
15    putrid, including, but not limited to, paints, solvent,
16    filters, and absorbents;
17        (17) the portion of a site or facility located in a
18    county with a population greater than 3,000,000 that has
19    obtained local siting approval, under Section 39.2 of this
20    Act, for a municipal waste incinerator on or before July 1,
21    2005 and that is used for wood combustion facilities for
22    energy recovery that accept and burn only wood material, as
23    included in a fuel specification approved by the Agency;
24        (18) a transfer station used exclusively for landscape
25    waste, including a transfer station where landscape waste
26    is ground to reduce its volume, where the landscape waste

 

 

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1    is held no longer than 24 hours from the time it was
2    received;
3        (19) the portion of a site or facility that (i) is used
4    for the composting of food scrap, livestock waste, crop
5    residue, uncontaminated wood waste, or paper waste,
6    including, but not limited to, corrugated paper or
7    cardboard, and (ii) meets all of the following
8    requirements:
9            (A) There must not be more than a total of 30,000
10        cubic yards of livestock waste in raw form or in the
11        process of being composted at the site or facility at
12        any one time.
13            (B) All food scrap, livestock waste, crop residue,
14        uncontaminated wood waste, and paper waste must, by the
15        end of each operating day, be processed and placed into
16        an enclosed vessel in which air flow and temperature
17        are controlled, or all of the following additional
18        requirements must be met:
19                (i) The portion of the site or facility used
20            for the composting operation must include a
21            setback of at least 200 feet from the nearest
22            potable water supply well.
23                (ii) The portion of the site or facility used
24            for the composting operation must be located
25            outside the boundary of the 10-year floodplain or
26            floodproofed.

 

 

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1                (iii) The portion of the site or facility used
2            for the composting operation must be located at
3            least one-eighth of a mile from the nearest
4            residence, other than a residence located on the
5            same property as the site or facility.
6                (iv) The portion of the site or facility used
7            for the composting operation must be located at
8            least one-eighth of a mile from the property line
9            of all of the following areas:
10                    (I) Facilities that primarily serve to
11                house or treat people that are
12                immunocompromised or immunosuppressed, such as
13                cancer or AIDS patients; people with asthma,
14                cystic fibrosis, or bioaerosol allergies; or
15                children under the age of one year.
16                    (II) Primary and secondary schools and
17                adjacent areas that the schools use for
18                recreation.
19                    (III) Any facility for child care licensed
20                under Section 3 of the Child Care Act of 1969;
21                preschools; and adjacent areas that the
22                facilities or preschools use for recreation.
23                (v) By the end of each operating day, all food
24            scrap, livestock waste, crop residue,
25            uncontaminated wood waste, and paper waste must be
26            (i) processed into windrows or other piles and (ii)

 

 

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1            covered in a manner that prevents scavenging by
2            birds and animals and that prevents other
3            nuisances.
4            (C) Food scrap, livestock waste, crop residue,
5        uncontaminated wood waste, paper waste, and compost
6        must not be placed within 5 feet of the water table.
7            (D) The site or facility must meet all of the
8        requirements of the Wild and Scenic Rivers Act (16
9        U.S.C. 1271 et seq.).
10            (E) The site or facility must not (i) restrict the
11        flow of a 100-year flood, (ii) result in washout of
12        food scrap, livestock waste, crop residue,
13        uncontaminated wood waste, or paper waste from a
14        100-year flood, or (iii) reduce the temporary water
15        storage capacity of the 100-year floodplain, unless
16        measures are undertaken to provide alternative storage
17        capacity, such as by providing lagoons, holding tanks,
18        or drainage around structures at the facility.
19            (F) The site or facility must not be located in any
20        area where it may pose a threat of harm or destruction
21        to the features for which:
22                (i) an irreplaceable historic or
23            archaeological site has been listed under the
24            National Historic Preservation Act (16 U.S.C. 470
25            et seq.) or the Illinois Historic Preservation
26            Act;

 

 

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1                (ii) a natural landmark has been designated by
2            the National Park Service or the Illinois State
3            Historic Preservation Office; or
4                (iii) a natural area has been designated as a
5            Dedicated Illinois Nature Preserve under the
6            Illinois Natural Areas Preservation Act.
7            (G) The site or facility must not be located in an
8        area where it may jeopardize the continued existence of
9        any designated endangered species, result in the
10        destruction or adverse modification of the critical
11        habitat for such species, or cause or contribute to the
12        taking of any endangered or threatened species of
13        plant, fish, or wildlife listed under the Endangered
14        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
15        Endangered Species Protection Act;
16        (20) the portion of a site or facility that is located
17    entirely within a home rule unit having a population of no
18    less than 120,000 and no more than 135,000, according to
19    the 2000 federal census, and that meets all of the
20    following requirements:
21                (i) the portion of the site or facility is used
22            exclusively to perform testing of a thermochemical
23            conversion technology using only woody biomass,
24            collected as landscape waste within the boundaries
25            of the home rule unit, as the hydrocarbon feedstock
26            for the production of synthetic gas in accordance

 

 

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1            with Section 39.9 of this Act;
2                (ii) the portion of the site or facility is in
3            compliance with all applicable zoning
4            requirements; and
5                (iii) a complete application for a
6            demonstration permit at the portion of the site or
7            facility has been submitted to the Agency in
8            accordance with Section 39.9 of this Act within one
9            year after July 27, 2010 (the effective date of
10            Public Act 96-1314);
11        (21) the portion of a site or facility used to perform
12    limited testing of a gasification conversion technology in
13    accordance with Section 39.8 of this Act and for which a
14    complete permit application has been submitted to the
15    Agency prior to one year from April 9, 2010 (the effective
16    date of Public Act 96-887); and
17        (22) the portion of a site or facility that is used to
18    incinerate only pharmaceuticals from residential sources
19    that are collected and transported by law enforcement
20    agencies under Section 17.9A of this Act.
21    (a-5) Notwithstanding any provision of subsection (a) of
22this Section to the contrary, any site or facility for the
23treatment, storage, or disposal of a hazardous waste is a
24pollution control facility.
25    (b) A new pollution control facility is:
26        (1) a pollution control facility initially permitted

 

 

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1    for development or construction after July 1, 1981; or
2        (2) the area of expansion beyond the boundary of a
3    currently permitted pollution control facility; or
4        (3) a permitted pollution control facility requesting
5    approval to store, dispose of, transfer or incinerate, for
6    the first time, any special or hazardous waste.
7(Source: P.A. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09;
896-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff.
97-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545,
10eff. 1-1-12.)
 
11    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
12    Sec. 39. Issuance of permits; procedures.
13    (a) When the Board has by regulation required a permit for
14the construction, installation, or operation of any type of
15facility, equipment, vehicle, vessel, or aircraft, the
16applicant shall apply to the Agency for such permit and it
17shall be the duty of the Agency to issue such a permit upon
18proof by the applicant that the facility, equipment, vehicle,
19vessel, or aircraft will not cause a violation of this Act or
20of regulations hereunder. The Agency shall adopt such
21procedures as are necessary to carry out its duties under this
22Section. In making its determinations on permit applications
23under this Section the Agency may consider prior adjudications
24of noncompliance with this Act by the applicant that involved a
25release of a contaminant into the environment. In granting

 

 

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1permits, the Agency may impose reasonable conditions
2specifically related to the applicant's past compliance
3history with this Act as necessary to correct, detect, or
4prevent noncompliance. The Agency may impose such other
5conditions as may be necessary to accomplish the purposes of
6this Act, and as are not inconsistent with the regulations
7promulgated by the Board hereunder. Except as otherwise
8provided in this Act, a bond or other security shall not be
9required as a condition for the issuance of a permit. If the
10Agency denies any permit under this Section, the Agency shall
11transmit to the applicant within the time limitations of this
12Section specific, detailed statements as to the reasons the
13permit application was denied. Such statements shall include,
14but not be limited to the following:
15        (i) the Sections of this Act which may be violated if
16    the permit were granted;
17        (ii) the provision of the regulations, promulgated
18    under this Act, which may be violated if the permit were
19    granted;
20        (iii) the specific type of information, if any, which
21    the Agency deems the applicant did not provide the Agency;
22    and
23        (iv) a statement of specific reasons why the Act and
24    the regulations might not be met if the permit were
25    granted.
26    If there is no final action by the Agency within 90 days

 

 

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1after the filing of the application for permit, the applicant
2may deem the permit issued; except that this time period shall
3be extended to 180 days when (1) notice and opportunity for
4public hearing are required by State or federal law or
5regulation, (2) the application which was filed is for any
6permit to develop a landfill subject to issuance pursuant to
7this subsection, or (3) the application that was filed is for a
8MSWLF unit required to issue public notice under subsection (p)
9of Section 39. The 90-day and 180-day time periods for the
10Agency to take final action do not apply to NPDES permit
11applications under subsection (b) of this Section, to RCRA
12permit applications under subsection (d) of this Section, or to
13UIC permit applications under subsection (e) of this Section.
14    The Agency shall publish notice of all final permit
15determinations for development permits for MSWLF units and for
16significant permit modifications for lateral expansions for
17existing MSWLF units one time in a newspaper of general
18circulation in the county in which the unit is or is proposed
19to be located.
20    After January 1, 1994 and until July 1, 1998, operating
21permits issued under this Section by the Agency for sources of
22air pollution permitted to emit less than 25 tons per year of
23any combination of regulated air pollutants, as defined in
24Section 39.5 of this Act, shall be required to be renewed only
25upon written request by the Agency consistent with applicable
26provisions of this Act and regulations promulgated hereunder.

 

 

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1Such operating permits shall expire 180 days after the date of
2such a request. The Board shall revise its regulations for the
3existing State air pollution operating permit program
4consistent with this provision by January 1, 1994.
5    After June 30, 1998, operating permits issued under this
6Section by the Agency for sources of air pollution that are not
7subject to Section 39.5 of this Act and are not required to
8have a federally enforceable State operating permit shall be
9required to be renewed only upon written request by the Agency
10consistent with applicable provisions of this Act and its
11rules. Such operating permits shall expire 180 days after the
12date of such a request. Before July 1, 1998, the Board shall
13revise its rules for the existing State air pollution operating
14permit program consistent with this paragraph and shall adopt
15rules that require a source to demonstrate that it qualifies
16for a permit under this paragraph.
17    (b) The Agency may issue NPDES permits exclusively under
18this subsection for the discharge of contaminants from point
19sources into navigable waters, all as defined in the Federal
20Water Pollution Control Act, as now or hereafter amended,
21within the jurisdiction of the State, or into any well.
22    All NPDES permits shall contain those terms and conditions,
23including but not limited to schedules of compliance, which may
24be required to accomplish the purposes and provisions of this
25Act.
26    The Agency may issue general NPDES permits for discharges

 

 

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1from categories of point sources which are subject to the same
2permit limitations and conditions. Such general permits may be
3issued without individual applications and shall conform to
4regulations promulgated under Section 402 of the Federal Water
5Pollution Control Act, as now or hereafter amended.
6    The Agency may include, among such conditions, effluent
7limitations and other requirements established under this Act,
8Board regulations, the Federal Water Pollution Control Act, as
9now or hereafter amended, and regulations pursuant thereto, and
10schedules for achieving compliance therewith at the earliest
11reasonable date.
12    The Agency shall adopt filing requirements and procedures
13which are necessary and appropriate for the issuance of NPDES
14permits, and which are consistent with the Act or regulations
15adopted by the Board, and with the Federal Water Pollution
16Control Act, as now or hereafter amended, and regulations
17pursuant thereto.
18    The Agency, subject to any conditions which may be
19prescribed by Board regulations, may issue NPDES permits to
20allow discharges beyond deadlines established by this Act or by
21regulations of the Board without the requirement of a variance,
22subject to the Federal Water Pollution Control Act, as now or
23hereafter amended, and regulations pursuant thereto.
24    (c) Except for those facilities owned or operated by
25sanitary districts organized under the Metropolitan Water
26Reclamation District Act, no permit for the development or

 

 

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1construction of a new pollution control facility may be granted
2by the Agency unless the applicant submits proof to the Agency
3that the location of the facility has been approved by the
4County Board of the county if in an unincorporated area, or the
5governing body of the municipality when in an incorporated
6area, in which the facility is to be located in accordance with
7Section 39.2 of this Act. For purposes of this subsection (c),
8and for purposes of Section 39.2 of this Act, the appropriate
9county board or governing body of the municipality shall be:
10(i) in the case of a new pollution control facility that is not
11proposed to be constructed above an aquifer, the county board
12of the county or the governing body of the municipality in
13which the facility is to be located as of the date when the
14application for siting approval is filed and (ii) in the case
15of a new pollution control facility that is proposed to be
16constructed above an aquifer, the county board of each county
17located, in or whole in part, within the aquifer's boundaries
18and the governing body of each municipality located, in or
19whole or part, within the aquifer's boundaries.
20    In the event that siting approval granted pursuant to
21Section 39.2 has been transferred to a subsequent owner or
22operator, that subsequent owner or operator may apply to the
23Agency for, and the Agency may grant, a development or
24construction permit for the facility for which local siting
25approval was granted. Upon application to the Agency for a
26development or construction permit by that subsequent owner or

 

 

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1operator, the permit applicant shall cause written notice of
2the permit application to be served upon the appropriate county
3board or governing body of the municipality that granted siting
4approval for that facility and upon any party to the siting
5proceeding pursuant to which siting approval was granted. In
6that event, the Agency shall conduct an evaluation of the
7subsequent owner or operator's prior experience in waste
8management operations in the manner conducted under subsection
9(i) of Section 39 of this Act.
10    Beginning August 20, 1993 and before the effective date of
11this amendatory Act of the 97th General Assembly, if the
12pollution control facility consists of a hazardous or solid
13waste disposal facility for which the proposed site is located
14in an unincorporated area of a county with a population of less
15than 100,000 and includes all or a portion of a parcel of land
16that was, on April 1, 1993, adjacent to a municipality having a
17population of less than 5,000, then the local siting review
18required under this subsection (c) in conjunction with any
19permit applied for after that date shall be performed by the
20governing body of that adjacent municipality rather than the
21county board of the county in which the proposed site is
22located; and for the purposes of that local siting review, any
23references in this Act to the county board shall be deemed to
24mean the governing body of that adjacent municipality;
25provided, however, that the provisions of this paragraph shall
26not apply on or after the effective date of this amendatory Act

 

 

HB6153- 18 -LRB097 18917 JDS 64155 b

1of the 97th General Assembly or to any proposed site which was,
2on April 1, 1993, owned in whole or in part by another
3municipality.
4    In the case of a pollution control facility for which a
5development permit was issued before November 12, 1981, if an
6operating permit has not been issued by the Agency prior to
7August 31, 1989 for any portion of the facility, then the
8Agency may not issue or renew any development permit nor issue
9an original operating permit for any portion of such facility
10unless the applicant has submitted proof to the Agency that the
11location of the facility has been approved by the appropriate
12county board or municipal governing body pursuant to Section
1339.2 of this Act.
14    After January 1, 1994, if a solid waste disposal facility,
15any portion for which an operating permit has been issued by
16the Agency, has not accepted waste disposal for 5 or more
17consecutive calendars years, before that facility may accept
18any new or additional waste for disposal, the owner and
19operator must obtain a new operating permit under this Act for
20that facility unless the owner and operator have applied to the
21Agency for a permit authorizing the temporary suspension of
22waste acceptance. The Agency may not issue a new operation
23permit under this Act for the facility unless the applicant has
24submitted proof to the Agency that the location of the facility
25has been approved or re-approved by the appropriate county
26board or municipal governing body under Section 39.2 of this

 

 

HB6153- 19 -LRB097 18917 JDS 64155 b

1Act after the facility ceased accepting waste.
2    Except for those facilities owned or operated by sanitary
3districts organized under the Metropolitan Water Reclamation
4District Act, and except for new pollution control facilities
5governed by Section 39.2, and except for fossil fuel mining
6facilities, the granting of a permit under this Act shall not
7relieve the applicant from meeting and securing all necessary
8zoning approvals from the unit of government having zoning
9jurisdiction over the proposed facility.
10    Before beginning construction on any new sewage treatment
11plant or sludge drying site to be owned or operated by a
12sanitary district organized under the Metropolitan Water
13Reclamation District Act for which a new permit (rather than
14the renewal or amendment of an existing permit) is required,
15such sanitary district shall hold a public hearing within the
16municipality within which the proposed facility is to be
17located, or within the nearest community if the proposed
18facility is to be located within an unincorporated area, at
19which information concerning the proposed facility shall be
20made available to the public, and members of the public shall
21be given the opportunity to express their views concerning the
22proposed facility.
23    The Agency may issue a permit for a municipal waste
24transfer station without requiring approval pursuant to
25Section 39.2 provided that the following demonstration is made:
26        (1) the municipal waste transfer station was in

 

 

HB6153- 20 -LRB097 18917 JDS 64155 b

1    existence on or before January 1, 1979 and was in
2    continuous operation from January 1, 1979 to January 1,
3    1993;
4        (2) the operator submitted a permit application to the
5    Agency to develop and operate the municipal waste transfer
6    station during April of 1994;
7        (3) the operator can demonstrate that the county board
8    of the county, if the municipal waste transfer station is
9    in an unincorporated area, or the governing body of the
10    municipality, if the station is in an incorporated area,
11    does not object to resumption of the operation of the
12    station; and
13        (4) the site has local zoning approval.
14    (d) The Agency may issue RCRA permits exclusively under
15this subsection to persons owning or operating a facility for
16the treatment, storage, or disposal of hazardous waste as
17defined under this Act.
18    All RCRA permits shall contain those terms and conditions,
19including but not limited to schedules of compliance, which may
20be required to accomplish the purposes and provisions of this
21Act. The Agency may include among such conditions standards and
22other requirements established under this Act, Board
23regulations, the Resource Conservation and Recovery Act of 1976
24(P.L. 94-580), as amended, and regulations pursuant thereto,
25and may include schedules for achieving compliance therewith as
26soon as possible. The Agency shall require that a performance

 

 

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1bond or other security be provided as a condition for the
2issuance of a RCRA permit.
3    In the case of a permit to operate a hazardous waste or PCB
4incinerator as defined in subsection (k) of Section 44, the
5Agency shall require, as a condition of the permit, that the
6operator of the facility perform such analyses of the waste to
7be incinerated as may be necessary and appropriate to ensure
8the safe operation of the incinerator.
9    The Agency shall adopt filing requirements and procedures
10which are necessary and appropriate for the issuance of RCRA
11permits, and which are consistent with the Act or regulations
12adopted by the Board, and with the Resource Conservation and
13Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
14pursuant thereto.
15    The applicant shall make available to the public for
16inspection all documents submitted by the applicant to the
17Agency in furtherance of an application, with the exception of
18trade secrets, at the office of the county board or governing
19body of the municipality. Such documents may be copied upon
20payment of the actual cost of reproduction during regular
21business hours of the local office. The Agency shall issue a
22written statement concurrent with its grant or denial of the
23permit explaining the basis for its decision.
24    (e) The Agency may issue UIC permits exclusively under this
25subsection to persons owning or operating a facility for the
26underground injection of contaminants as defined under this

 

 

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1Act.
2    All UIC permits shall contain those terms and conditions,
3including but not limited to schedules of compliance, which may
4be required to accomplish the purposes and provisions of this
5Act. The Agency may include among such conditions standards and
6other requirements established under this Act, Board
7regulations, the Safe Drinking Water Act (P.L. 93-523), as
8amended, and regulations pursuant thereto, and may include
9schedules for achieving compliance therewith. The Agency shall
10require that a performance bond or other security be provided
11as a condition for the issuance of a UIC permit.
12    The Agency shall adopt filing requirements and procedures
13which are necessary and appropriate for the issuance of UIC
14permits, and which are consistent with the Act or regulations
15adopted by the Board, and with the Safe Drinking Water Act
16(P.L. 93-523), as amended, and regulations pursuant thereto.
17    The applicant shall make available to the public for
18inspection, all documents submitted by the applicant to the
19Agency in furtherance of an application, with the exception of
20trade secrets, at the office of the county board or governing
21body of the municipality. Such documents may be copied upon
22payment of the actual cost of reproduction during regular
23business hours of the local office. The Agency shall issue a
24written statement concurrent with its grant or denial of the
25permit explaining the basis for its decision.
26    (f) In making any determination pursuant to Section 9.1 of

 

 

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1this Act:
2        (1) The Agency shall have authority to make the
3    determination of any question required to be determined by
4    the Clean Air Act, as now or hereafter amended, this Act,
5    or the regulations of the Board, including the
6    determination of the Lowest Achievable Emission Rate,
7    Maximum Achievable Control Technology, or Best Available
8    Control Technology, consistent with the Board's
9    regulations, if any.
10        (2) The Agency shall, after conferring with the
11    applicant, give written notice to the applicant of its
12    proposed decision on the application including the terms
13    and conditions of the permit to be issued and the facts,
14    conduct or other basis upon which the Agency will rely to
15    support its proposed action.
16        (3) Following such notice, the Agency shall give the
17    applicant an opportunity for a hearing in accordance with
18    the provisions of Sections 10-25 through 10-60 of the
19    Illinois Administrative Procedure Act.
20    (g) The Agency shall include as conditions upon all permits
21issued for hazardous waste disposal sites such restrictions
22upon the future use of such sites as are reasonably necessary
23to protect public health and the environment, including
24permanent prohibition of the use of such sites for purposes
25which may create an unreasonable risk of injury to human health
26or to the environment. After administrative and judicial

 

 

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1challenges to such restrictions have been exhausted, the Agency
2shall file such restrictions of record in the Office of the
3Recorder of the county in which the hazardous waste disposal
4site is located.
5    (h) A hazardous waste stream may not be deposited in a
6permitted hazardous waste site unless specific authorization
7is obtained from the Agency by the generator and disposal site
8owner and operator for the deposit of that specific hazardous
9waste stream. The Agency may grant specific authorization for
10disposal of hazardous waste streams only after the generator
11has reasonably demonstrated that, considering technological
12feasibility and economic reasonableness, the hazardous waste
13cannot be reasonably recycled for reuse, nor incinerated or
14chemically, physically or biologically treated so as to
15neutralize the hazardous waste and render it nonhazardous. In
16granting authorization under this Section, the Agency may
17impose such conditions as may be necessary to accomplish the
18purposes of the Act and are consistent with this Act and
19regulations promulgated by the Board hereunder. If the Agency
20refuses to grant authorization under this Section, the
21applicant may appeal as if the Agency refused to grant a
22permit, pursuant to the provisions of subsection (a) of Section
2340 of this Act. For purposes of this subsection (h), the term
24"generator" has the meaning given in Section 3.205 of this Act,
25unless: (1) the hazardous waste is treated, incinerated, or
26partially recycled for reuse prior to disposal, in which case

 

 

HB6153- 25 -LRB097 18917 JDS 64155 b

1the last person who treats, incinerates, or partially recycles
2the hazardous waste prior to disposal is the generator; or (2)
3the hazardous waste is from a response action, in which case
4the person performing the response action is the generator.
5This subsection (h) does not apply to any hazardous waste that
6is restricted from land disposal under 35 Ill. Adm. Code 728.
7    (i) Before issuing any RCRA permit, any permit for a waste
8storage site, sanitary landfill, waste disposal site, waste
9transfer station, waste treatment facility, waste incinerator,
10or any waste-transportation operation, or any permit or interim
11authorization for a clean construction or demolition debris
12fill operation, the Agency shall conduct an evaluation of the
13prospective owner's or operator's prior experience in waste
14management operations and clean construction or demolition
15debris fill operations. The Agency may deny such a permit, or
16deny or revoke interim authorization, if the prospective owner
17or operator or any employee or officer of the prospective owner
18or operator has a history of:
19        (1) repeated violations of federal, State, or local
20    laws, regulations, standards, or ordinances in the
21    operation of waste management facilities or sites or clean
22    construction or demolition debris fill operation
23    facilities or sites; or
24        (2) conviction in this or another State of any crime
25    which is a felony under the laws of this State, or
26    conviction of a felony in a federal court; or conviction in

 

 

HB6153- 26 -LRB097 18917 JDS 64155 b

1    this or another state or federal court of any of the
2    following crimes: forgery, official misconduct, bribery,
3    perjury, or knowingly submitting false information under
4    any environmental law, regulation, or permit term or
5    condition; or
6        (3) proof of gross carelessness or incompetence in
7    handling, storing, processing, transporting or disposing
8    of waste or clean construction or demolition debris, or
9    proof of gross carelessness or incompetence in using clean
10    construction or demolition debris as fill.
11    (i-5) Before issuing any permit or approving any interim
12authorization for a clean construction or demolition debris
13fill operation in which any ownership interest is transferred
14between January 1, 2005, and the effective date of the
15prohibition set forth in Section 22.52 of this Act, the Agency
16shall conduct an evaluation of the operation if any previous
17activities at the site or facility may have caused or allowed
18contamination of the site. It shall be the responsibility of
19the owner or operator seeking the permit or interim
20authorization to provide to the Agency all of the information
21necessary for the Agency to conduct its evaluation. The Agency
22may deny a permit or interim authorization if previous
23activities at the site may have caused or allowed contamination
24at the site, unless such contamination is authorized under any
25permit issued by the Agency.
26    (j) The issuance under this Act of a permit to engage in

 

 

HB6153- 27 -LRB097 18917 JDS 64155 b

1the surface mining of any resources other than fossil fuels
2shall not relieve the permittee from its duty to comply with
3any applicable local law regulating the commencement, location
4or operation of surface mining facilities.
5    (k) A development permit issued under subsection (a) of
6Section 39 for any facility or site which is required to have a
7permit under subsection (d) of Section 21 shall expire at the
8end of 2 calendar years from the date upon which it was issued,
9unless within that period the applicant has taken action to
10develop the facility or the site. In the event that review of
11the conditions of the development permit is sought pursuant to
12Section 40 or 41, or permittee is prevented from commencing
13development of the facility or site by any other litigation
14beyond the permittee's control, such two-year period shall be
15deemed to begin on the date upon which such review process or
16litigation is concluded.
17    (l) No permit shall be issued by the Agency under this Act
18for construction or operation of any facility or site located
19within the boundaries of any setback zone established pursuant
20to this Act, where such construction or operation is
21prohibited.
22    (m) The Agency may issue permits to persons owning or
23operating a facility for composting landscape waste. In
24granting such permits, the Agency may impose such conditions as
25may be necessary to accomplish the purposes of this Act, and as
26are not inconsistent with applicable regulations promulgated

 

 

HB6153- 28 -LRB097 18917 JDS 64155 b

1by the Board. Except as otherwise provided in this Act, a bond
2or other security shall not be required as a condition for the
3issuance of a permit. If the Agency denies any permit pursuant
4to this subsection, the Agency shall transmit to the applicant
5within the time limitations of this subsection specific,
6detailed statements as to the reasons the permit application
7was denied. Such statements shall include but not be limited to
8the following:
9        (1) the Sections of this Act that may be violated if
10    the permit were granted;
11        (2) the specific regulations promulgated pursuant to
12    this Act that may be violated if the permit were granted;
13        (3) the specific information, if any, the Agency deems
14    the applicant did not provide in its application to the
15    Agency; and
16        (4) a statement of specific reasons why the Act and the
17    regulations might be violated if the permit were granted.
18    If no final action is taken by the Agency within 90 days
19after the filing of the application for permit, the applicant
20may deem the permit issued. Any applicant for a permit may
21waive the 90 day limitation by filing a written statement with
22the Agency.
23    The Agency shall issue permits for such facilities upon
24receipt of an application that includes a legal description of
25the site, a topographic map of the site drawn to the scale of
26200 feet to the inch or larger, a description of the operation,

 

 

HB6153- 29 -LRB097 18917 JDS 64155 b

1including the area served, an estimate of the volume of
2materials to be processed, and documentation that:
3        (1) the facility includes a setback of at least 200
4    feet from the nearest potable water supply well;
5        (2) the facility is located outside the boundary of the
6    10-year floodplain or the site will be floodproofed;
7        (3) the facility is located so as to minimize
8    incompatibility with the character of the surrounding
9    area, including at least a 200 foot setback from any
10    residence, and in the case of a facility that is developed
11    or the permitted composting area of which is expanded after
12    November 17, 1991, the composting area is located at least
13    1/8 mile from the nearest residence (other than a residence
14    located on the same property as the facility);
15        (4) the design of the facility will prevent any compost
16    material from being placed within 5 feet of the water
17    table, will adequately control runoff from the site, and
18    will collect and manage any leachate that is generated on
19    the site;
20        (5) the operation of the facility will include
21    appropriate dust and odor control measures, limitations on
22    operating hours, appropriate noise control measures for
23    shredding, chipping and similar equipment, management
24    procedures for composting, containment and disposal of
25    non-compostable wastes, procedures to be used for
26    terminating operations at the site, and recordkeeping

 

 

HB6153- 30 -LRB097 18917 JDS 64155 b

1    sufficient to document the amount of materials received,
2    composted and otherwise disposed of; and
3        (6) the operation will be conducted in accordance with
4    any applicable rules adopted by the Board.
5    The Agency shall issue renewable permits of not longer than
610 years in duration for the composting of landscape wastes, as
7defined in Section 3.155 of this Act, based on the above
8requirements.
9    The operator of any facility permitted under this
10subsection (m) must submit a written annual statement to the
11Agency on or before April 1 of each year that includes an
12estimate of the amount of material, in tons, received for
13composting.
14    (n) The Agency shall issue permits jointly with the
15Department of Transportation for the dredging or deposit of
16material in Lake Michigan in accordance with Section 18 of the
17Rivers, Lakes, and Streams Act.
18    (o) (Blank.)
19    (p) (1) Any person submitting an application for a permit
20for a new MSWLF unit or for a lateral expansion under
21subsection (t) of Section 21 of this Act for an existing MSWLF
22unit that has not received and is not subject to local siting
23approval under Section 39.2 of this Act shall publish notice of
24the application in a newspaper of general circulation in the
25county in which the MSWLF unit is or is proposed to be located.
26The notice must be published at least 15 days before submission

 

 

HB6153- 31 -LRB097 18917 JDS 64155 b

1of the permit application to the Agency. The notice shall state
2the name and address of the applicant, the location of the
3MSWLF unit or proposed MSWLF unit, the nature and size of the
4MSWLF unit or proposed MSWLF unit, the nature of the activity
5proposed, the probable life of the proposed activity, the date
6the permit application will be submitted, and a statement that
7persons may file written comments with the Agency concerning
8the permit application within 30 days after the filing of the
9permit application unless the time period to submit comments is
10extended by the Agency.
11    When a permit applicant submits information to the Agency
12to supplement a permit application being reviewed by the
13Agency, the applicant shall not be required to reissue the
14notice under this subsection.
15    (2) The Agency shall accept written comments concerning the
16permit application that are postmarked no later than 30 days
17after the filing of the permit application, unless the time
18period to accept comments is extended by the Agency.
19    (3) Each applicant for a permit described in part (1) of
20this subsection shall file a copy of the permit application
21with the county board or governing body of the municipality in
22which the MSWLF unit is or is proposed to be located at the
23same time the application is submitted to the Agency. The
24permit application filed with the county board or governing
25body of the municipality shall include all documents submitted
26to or to be submitted to the Agency, except trade secrets as

 

 

HB6153- 32 -LRB097 18917 JDS 64155 b

1determined under Section 7.1 of this Act. The permit
2application and other documents on file with the county board
3or governing body of the municipality shall be made available
4for public inspection during regular business hours at the
5office of the county board or the governing body of the
6municipality and may be copied upon payment of the actual cost
7of reproduction.
8    (q) Within 6 months after the effective date of this
9amendatory Act of the 97th General Assembly, the Agency, in
10consultation with the regulated community, shall develop a web
11portal to be posted on its website for the purpose of enhancing
12review and promoting timely issuance of permits required by
13this Act. At a minimum, the Agency shall make the following
14information available on the web portal:
15        (1) Checklists and guidance relating to the completion
16    of permit applications, developed pursuant to subsection
17    (s) of this Section, which may include, but are not limited
18    to, existing instructions for completing the applications
19    and examples of complete applications. As the Agency
20    develops new checklists and develops guidance, it shall
21    supplement the web portal with those materials.
22        (2) Within 2 years after the effective date of this
23    amendatory Act of the 97th General Assembly, permit
24    application forms or portions of permit applications that
25    can be completed and saved electronically, and submitted to
26    the Agency electronically with digital signatures.

 

 

HB6153- 33 -LRB097 18917 JDS 64155 b

1        (3) Within 2 years after the effective date of this
2    amendatory Act of the 97th General Assembly, an online
3    tracking system where an applicant may review the status of
4    its pending application, including the name and contact
5    information of the permit analyst assigned to the
6    application. Until the online tracking system has been
7    developed, the Agency shall post on its website semi-annual
8    permitting efficiency tracking reports that include
9    statistics on the timeframes for Agency action on the
10    following types of permits received after the effective
11    date of this amendatory Act of the 97th General Assembly:
12    air construction permits, new NPDES permits and associated
13    water construction permits, and modifications of major
14    NPDES permits and associated water construction permits.
15    The reports must be posted by February 1 and August 1 each
16    year and shall include:
17            (A) the number of applications received for each
18        type of permit, the number of applications on which the
19        Agency has taken action, and the number of applications
20        still pending; and
21            (B) for those applications where the Agency has not
22        taken action in accordance with the timeframes set
23        forth in this Act, the date the application was
24        received and the reasons for any delays, which may
25        include, but shall not be limited to, (i) the
26        application being inadequate or incomplete, (ii)

 

 

HB6153- 34 -LRB097 18917 JDS 64155 b

1        scientific or technical disagreements with the
2        applicant, USEPA, or other local, state, or federal
3        agencies involved in the permitting approval process,
4        (iii) public opposition to the permit, or (iv) Agency
5        staffing shortages. To the extent practicable, the
6        tracking report shall provide approximate dates when
7        cause for delay was identified by the Agency, when the
8        Agency informed the applicant of the problem leading to
9        the delay, and when the applicant remedied the reason
10        for the delay.
11    (r) Upon the request of the applicant, the Agency shall
12notify the applicant of the permit analyst assigned to the
13application upon its receipt.
14    (s) The Agency is authorized to prepare and distribute
15guidance documents relating to its administration of this
16Section and procedural rules implementing this Section.
17Guidance documents prepared under this subsection shall not be
18considered rules and shall not be subject to the Illinois
19Administrative Procedure Act. Such guidance shall not be
20binding on any party.
21    (t) Except as otherwise prohibited by federal law or
22regulation, any person submitting an application for a permit
23may include with the application suggested permit language for
24Agency consideration. The Agency is not obligated to use the
25suggested language or any portion thereof in its permitting
26decision. If requested by the permit applicant, the Agency

 

 

HB6153- 35 -LRB097 18917 JDS 64155 b

1shall meet with the applicant to discuss the suggested
2language.
3    (u) If requested by the permit applicant, the Agency shall
4provide the permit applicant with a copy of the draft permit
5prior to any public review period.
6    (v) If requested by the permit applicant, the Agency shall
7provide the permit applicant with a copy of the final permit
8prior to its issuance.
9    (w) An air pollution permit shall not be required due to
10emissions of greenhouse gases, as specified by Section 9.15 of
11this Act.
12(Source: P.A. 97-95, eff. 7-12-11.)