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Full Text of SB1903  97th General Assembly

SB1903 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1903

 

Introduced 2/10/2011, by Sen. James F. Clayborne, Jr.

 

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

    Amends the Environmental Protection Act. Provides that NPDES permit applications are deemed approved if not approved or denied by the Environmental Protection Agency within 120 days after being filed with the Agency.


LRB097 09663 JDS 49800 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1903LRB097 09663 JDS 49800 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 Section 39 as follows:
 
6    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
7    Sec. 39. Issuance of permits; procedures.
8    (a) When the Board has by regulation required a permit for
9the construction, installation, or operation of any type of
10facility, equipment, vehicle, vessel, or aircraft, the
11applicant shall apply to the Agency for such permit and it
12shall be the duty of the Agency to issue such a permit upon
13proof by the applicant that the facility, equipment, vehicle,
14vessel, or aircraft will not cause a violation of this Act or
15of regulations hereunder. The Agency shall adopt such
16procedures as are necessary to carry out its duties under this
17Section. In making its determinations on permit applications
18under this Section the Agency may consider prior adjudications
19of noncompliance with this Act by the applicant that involved a
20release of a contaminant into the environment. In granting
21permits, the Agency may impose reasonable conditions
22specifically related to the applicant's past compliance
23history with this Act as necessary to correct, detect, or

 

 

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1prevent noncompliance. The Agency may impose such other
2conditions as may be necessary to accomplish the purposes of
3this Act, and as are not inconsistent with the regulations
4promulgated by the Board hereunder. Except as otherwise
5provided in this Act, a bond or other security shall not be
6required as a condition for the issuance of a permit. If the
7Agency denies any permit under this Section, the Agency shall
8transmit to the applicant within the time limitations of this
9Section specific, detailed statements as to the reasons the
10permit application was denied. Such statements shall include,
11but not be limited to the following:
12        (i) the Sections of this Act which may be violated if
13    the permit were granted;
14        (ii) the provision of the regulations, promulgated
15    under this Act, which may be violated if the permit were
16    granted;
17        (iii) the specific type of information, if any, which
18    the Agency deems the applicant did not provide the Agency;
19    and
20        (iv) a statement of specific reasons why the Act and
21    the regulations might not be met if the permit were
22    granted.
23    If there is no final action by the Agency within 90 days
24after the filing of the application for permit, the applicant
25may deem the permit issued; except that this time period shall
26be extended to 180 days when (1) notice and opportunity for

 

 

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

 

 

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1consistent with this provision by January 1, 1994.
2    After June 30, 1998, operating permits issued under this
3Section by the Agency for sources of air pollution that are not
4subject to Section 39.5 of this Act and are not required to
5have a federally enforceable State operating permit shall be
6required to be renewed only upon written request by the Agency
7consistent with applicable provisions of this Act and its
8rules. Such operating permits shall expire 180 days after the
9date of such a request. Before July 1, 1998, the Board shall
10revise its rules for the existing State air pollution operating
11permit program consistent with this paragraph and shall adopt
12rules that require a source to demonstrate that it qualifies
13for a permit under this paragraph.
14    (b) The Agency may issue NPDES permits exclusively under
15this subsection for the discharge of contaminants from point
16sources into navigable waters, all as defined in the Federal
17Water Pollution Control Act, as now or hereafter amended,
18within the jurisdiction of the State, or into any well.
19    All NPDES permits shall contain those terms and conditions,
20including but not limited to schedules of compliance, which may
21be required to accomplish the purposes and provisions of this
22Act.
23    The Agency may issue general NPDES permits for discharges
24from categories of point sources which are subject to the same
25permit limitations and conditions. Such general permits may be
26issued without individual applications and shall conform to

 

 

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1regulations promulgated under Section 402 of the Federal Water
2Pollution Control Act, as now or hereafter amended.
3    The Agency may include, among such conditions, effluent
4limitations and other requirements established under this Act,
5Board regulations, the Federal Water Pollution Control Act, as
6now or hereafter amended, and regulations pursuant thereto, and
7schedules for achieving compliance therewith at the earliest
8reasonable date.
9    The Agency shall adopt filing requirements and procedures
10which are necessary and appropriate for the issuance of NPDES
11permits, and which are consistent with the Act or regulations
12adopted by the Board, and with the Federal Water Pollution
13Control Act, as now or hereafter amended, and regulations
14pursuant thereto. Notwithstanding any other provision of this
15Act, an application for an NPDES permit is deemed approved if
16not approved or denied by the Agency within 120 days after
17being filed with the Agency.
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 the
10county board of the county or the governing body of the
11municipality in which the facility is to be located as of the
12date when the application for siting approval is filed.
13    In the event that siting approval granted pursuant to
14Section 39.2 has been transferred to a subsequent owner or
15operator, that subsequent owner or operator may apply to the
16Agency for, and the Agency may grant, a development or
17construction permit for the facility for which local siting
18approval was granted. Upon application to the Agency for a
19development or construction permit by that subsequent owner or
20operator, the permit applicant shall cause written notice of
21the permit application to be served upon the appropriate county
22board or governing body of the municipality that granted siting
23approval for that facility and upon any party to the siting
24proceeding pursuant to which siting approval was granted. In
25that event, the Agency shall conduct an evaluation of the
26subsequent owner or operator's prior experience in waste

 

 

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1management operations in the manner conducted under subsection
2(i) of Section 39 of this Act.
3    Beginning August 20, 1993, if the pollution control
4facility consists of a hazardous or solid waste disposal
5facility for which the proposed site is located in an
6unincorporated area of a county with a population of less than
7100,000 and includes all or a portion of a parcel of land that
8was, on April 1, 1993, adjacent to a municipality having a
9population of less than 5,000, then the local siting review
10required under this subsection (c) in conjunction with any
11permit applied for after that date shall be performed by the
12governing body of that adjacent municipality rather than the
13county board of the county in which the proposed site is
14located; and for the purposes of that local siting review, any
15references in this Act to the county board shall be deemed to
16mean the governing body of that adjacent municipality;
17provided, however, that the provisions of this paragraph shall
18not apply to any proposed site which was, on April 1, 1993,
19owned in whole or in part by another municipality.
20    In the case of a pollution control facility for which a
21development permit was issued before November 12, 1981, if an
22operating permit has not been issued by the Agency prior to
23August 31, 1989 for any portion of the facility, then the
24Agency may not issue or renew any development permit nor issue
25an original operating permit for any portion of such facility
26unless the applicant has submitted proof to the Agency that the

 

 

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1location of the facility has been approved by the appropriate
2county board or municipal governing body pursuant to Section
339.2 of this Act.
4    After January 1, 1994, if a solid waste disposal facility,
5any portion for which an operating permit has been issued by
6the Agency, has not accepted waste disposal for 5 or more
7consecutive calendars years, before that facility may accept
8any new or additional waste for disposal, the owner and
9operator must obtain a new operating permit under this Act for
10that facility unless the owner and operator have applied to the
11Agency for a permit authorizing the temporary suspension of
12waste acceptance. The Agency may not issue a new operation
13permit under this Act for the facility unless the applicant has
14submitted proof to the Agency that the location of the facility
15has been approved or re-approved by the appropriate county
16board or municipal governing body under Section 39.2 of this
17Act after the facility ceased accepting waste.
18    Except for those facilities owned or operated by sanitary
19districts organized under the Metropolitan Water Reclamation
20District Act, and except for new pollution control facilities
21governed by Section 39.2, and except for fossil fuel mining
22facilities, the granting of a permit under this Act shall not
23relieve the applicant from meeting and securing all necessary
24zoning approvals from the unit of government having zoning
25jurisdiction over the proposed facility.
26    Before beginning construction on any new sewage treatment

 

 

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1plant or sludge drying site to be owned or operated by a
2sanitary district organized under the Metropolitan Water
3Reclamation District Act for which a new permit (rather than
4the renewal or amendment of an existing permit) is required,
5such sanitary district shall hold a public hearing within the
6municipality within which the proposed facility is to be
7located, or within the nearest community if the proposed
8facility is to be located within an unincorporated area, at
9which information concerning the proposed facility shall be
10made available to the public, and members of the public shall
11be given the opportunity to express their views concerning the
12proposed facility.
13    The Agency may issue a permit for a municipal waste
14transfer station without requiring approval pursuant to
15Section 39.2 provided that the following demonstration is made:
16        (1) the municipal waste transfer station was in
17    existence on or before January 1, 1979 and was in
18    continuous operation from January 1, 1979 to January 1,
19    1993;
20        (2) the operator submitted a permit application to the
21    Agency to develop and operate the municipal waste transfer
22    station during April of 1994;
23        (3) the operator can demonstrate that the county board
24    of the county, if the municipal waste transfer station is
25    in an unincorporated area, or the governing body of the
26    municipality, if the station is in an incorporated area,

 

 

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1    does not object to resumption of the operation of the
2    station; and
3        (4) the site has local zoning approval.
4    (d) The Agency may issue RCRA permits exclusively under
5this subsection to persons owning or operating a facility for
6the treatment, storage, or disposal of hazardous waste as
7defined under this Act.
8    All RCRA permits shall contain those terms and conditions,
9including but not limited to schedules of compliance, which may
10be required to accomplish the purposes and provisions of this
11Act. The Agency may include among such conditions standards and
12other requirements established under this Act, Board
13regulations, the Resource Conservation and Recovery Act of 1976
14(P.L. 94-580), as amended, and regulations pursuant thereto,
15and may include schedules for achieving compliance therewith as
16soon as possible. The Agency shall require that a performance
17bond or other security be provided as a condition for the
18issuance of a RCRA permit.
19    In the case of a permit to operate a hazardous waste or PCB
20incinerator as defined in subsection (k) of Section 44, the
21Agency shall require, as a condition of the permit, that the
22operator of the facility perform such analyses of the waste to
23be incinerated as may be necessary and appropriate to ensure
24the safe operation of the incinerator.
25    The Agency shall adopt filing requirements and procedures
26which are necessary and appropriate for the issuance of RCRA

 

 

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1permits, and which are consistent with the Act or regulations
2adopted by the Board, and with the Resource Conservation and
3Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
4pursuant thereto.
5    The applicant shall make available to the public for
6inspection all documents submitted by the applicant to the
7Agency in furtherance of an application, with the exception of
8trade secrets, at the office of the county board or governing
9body of the municipality. Such documents may be copied upon
10payment of the actual cost of reproduction during regular
11business hours of the local office. The Agency shall issue a
12written statement concurrent with its grant or denial of the
13permit explaining the basis for its decision.
14    (e) The Agency may issue UIC permits exclusively under this
15subsection to persons owning or operating a facility for the
16underground injection of contaminants as defined under this
17Act.
18    All UIC 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 Safe Drinking Water Act (P.L. 93-523), as
24amended, and regulations pursuant thereto, and may include
25schedules for achieving compliance therewith. The Agency shall
26require that a performance bond or other security be provided

 

 

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1as a condition for the issuance of a UIC permit.
2    The Agency shall adopt filing requirements and procedures
3which are necessary and appropriate for the issuance of UIC
4permits, and which are consistent with the Act or regulations
5adopted by the Board, and with the Safe Drinking Water Act
6(P.L. 93-523), as amended, and regulations pursuant thereto.
7    The applicant shall make available to the public for
8inspection, all documents submitted by the applicant to the
9Agency in furtherance of an application, with the exception of
10trade secrets, at the office of the county board or governing
11body of the municipality. Such documents may be copied upon
12payment of the actual cost of reproduction during regular
13business hours of the local office. The Agency shall issue a
14written statement concurrent with its grant or denial of the
15permit explaining the basis for its decision.
16    (f) In making any determination pursuant to Section 9.1 of
17this Act:
18        (1) The Agency shall have authority to make the
19    determination of any question required to be determined by
20    the Clean Air Act, as now or hereafter amended, this Act,
21    or the regulations of the Board, including the
22    determination of the Lowest Achievable Emission Rate,
23    Maximum Achievable Control Technology, or Best Available
24    Control Technology, consistent with the Board's
25    regulations, if any.
26        (2) The Agency shall, after conferring with the

 

 

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1    applicant, give written notice to the applicant of its
2    proposed decision on the application including the terms
3    and conditions of the permit to be issued and the facts,
4    conduct or other basis upon which the Agency will rely to
5    support its proposed action.
6        (3) Following such notice, the Agency shall give the
7    applicant an opportunity for a hearing in accordance with
8    the provisions of Sections 10-25 through 10-60 of the
9    Illinois Administrative Procedure Act.
10    (g) The Agency shall include as conditions upon all permits
11issued for hazardous waste disposal sites such restrictions
12upon the future use of such sites as are reasonably necessary
13to protect public health and the environment, including
14permanent prohibition of the use of such sites for purposes
15which may create an unreasonable risk of injury to human health
16or to the environment. After administrative and judicial
17challenges to such restrictions have been exhausted, the Agency
18shall file such restrictions of record in the Office of the
19Recorder of the county in which the hazardous waste disposal
20site is located.
21    (h) A hazardous waste stream may not be deposited in a
22permitted hazardous waste site unless specific authorization
23is obtained from the Agency by the generator and disposal site
24owner and operator for the deposit of that specific hazardous
25waste stream. The Agency may grant specific authorization for
26disposal of hazardous waste streams only after the generator

 

 

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1has reasonably demonstrated that, considering technological
2feasibility and economic reasonableness, the hazardous waste
3cannot be reasonably recycled for reuse, nor incinerated or
4chemically, physically or biologically treated so as to
5neutralize the hazardous waste and render it nonhazardous. In
6granting authorization under this Section, the Agency may
7impose such conditions as may be necessary to accomplish the
8purposes of the Act and are consistent with this Act and
9regulations promulgated by the Board hereunder. If the Agency
10refuses to grant authorization under this Section, the
11applicant may appeal as if the Agency refused to grant a
12permit, pursuant to the provisions of subsection (a) of Section
1340 of this Act. For purposes of this subsection (h), the term
14"generator" has the meaning given in Section 3.205 of this Act,
15unless: (1) the hazardous waste is treated, incinerated, or
16partially recycled for reuse prior to disposal, in which case
17the last person who treats, incinerates, or partially recycles
18the hazardous waste prior to disposal is the generator; or (2)
19the hazardous waste is from a response action, in which case
20the person performing the response action is the generator.
21This subsection (h) does not apply to any hazardous waste that
22is restricted from land disposal under 35 Ill. Adm. Code 728.
23    (i) Before issuing any RCRA permit, any permit for a waste
24storage site, sanitary landfill, waste disposal site, waste
25transfer station, waste treatment facility, waste incinerator,
26or any waste-transportation operation, or any permit or interim

 

 

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1authorization for a clean construction or demolition debris
2fill operation, the Agency shall conduct an evaluation of the
3prospective owner's or operator's prior experience in waste
4management operations and clean construction or demolition
5debris fill operations. The Agency may deny such a permit, or
6deny or revoke interim authorization, if the prospective owner
7or operator or any employee or officer of the prospective owner
8or operator has a history of:
9        (1) repeated violations of federal, State, or local
10    laws, regulations, standards, or ordinances in the
11    operation of waste management facilities or sites or clean
12    construction or demolition debris fill operation
13    facilities or sites; or
14        (2) conviction in this or another State of any crime
15    which is a felony under the laws of this State, or
16    conviction of a felony in a federal court; or conviction in
17    this or another state or federal court of any of the
18    following crimes: forgery, official misconduct, bribery,
19    perjury, or knowingly submitting false information under
20    any environmental law, regulation, or permit term or
21    condition; or
22        (3) proof of gross carelessness or incompetence in
23    handling, storing, processing, transporting or disposing
24    of waste or clean construction or demolition debris, or
25    proof of gross carelessness or incompetence in using clean
26    construction or demolition debris as fill.

 

 

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1    (i-5) Before issuing any permit or approving any interim
2authorization for a clean construction or demolition debris
3fill operation in which any ownership interest is transferred
4between January 1, 2005, and the effective date of the
5prohibition set forth in Section 22.52 of this Act, the Agency
6shall conduct an evaluation of the operation if any previous
7activities at the site or facility may have caused or allowed
8contamination of the site. It shall be the responsibility of
9the owner or operator seeking the permit or interim
10authorization to provide to the Agency all of the information
11necessary for the Agency to conduct its evaluation. The Agency
12may deny a permit or interim authorization if previous
13activities at the site may have caused or allowed contamination
14at the site, unless such contamination is authorized under any
15permit issued by the Agency.
16    (j) The issuance under this Act of a permit to engage in
17the surface mining of any resources other than fossil fuels
18shall not relieve the permittee from its duty to comply with
19any applicable local law regulating the commencement, location
20or operation of surface mining facilities.
21    (k) A development permit issued under subsection (a) of
22Section 39 for any facility or site which is required to have a
23permit under subsection (d) of Section 21 shall expire at the
24end of 2 calendar years from the date upon which it was issued,
25unless within that period the applicant has taken action to
26develop the facility or the site. In the event that review of

 

 

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1the conditions of the development permit is sought pursuant to
2Section 40 or 41, or permittee is prevented from commencing
3development of the facility or site by any other litigation
4beyond the permittee's control, such two-year period shall be
5deemed to begin on the date upon which such review process or
6litigation is concluded.
7    (l) No permit shall be issued by the Agency under this Act
8for construction or operation of any facility or site located
9within the boundaries of any setback zone established pursuant
10to this Act, where such construction or operation is
11prohibited.
12    (m) The Agency may issue permits to persons owning or
13operating a facility for composting landscape waste. In
14granting such permits, the Agency may impose such conditions as
15may be necessary to accomplish the purposes of this Act, and as
16are not inconsistent with applicable regulations promulgated
17by the Board. Except as otherwise provided in this Act, a bond
18or other security shall not be required as a condition for the
19issuance of a permit. If the Agency denies any permit pursuant
20to this subsection, the Agency shall transmit to the applicant
21within the time limitations of this subsection specific,
22detailed statements as to the reasons the permit application
23was denied. Such statements shall include but not be limited to
24the following:
25        (1) the Sections of this Act that may be violated if
26    the permit were granted;

 

 

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1        (2) the specific regulations promulgated pursuant to
2    this Act that may be violated if the permit were granted;
3        (3) the specific information, if any, the Agency deems
4    the applicant did not provide in its application to the
5    Agency; and
6        (4) a statement of specific reasons why the Act and the
7    regulations might be violated if the permit were granted.
8    If no final action is taken by the Agency within 90 days
9after the filing of the application for permit, the applicant
10may deem the permit issued. Any applicant for a permit may
11waive the 90 day limitation by filing a written statement with
12the Agency.
13    The Agency shall issue permits for such facilities upon
14receipt of an application that includes a legal description of
15the site, a topographic map of the site drawn to the scale of
16200 feet to the inch or larger, a description of the operation,
17including the area served, an estimate of the volume of
18materials to be processed, and documentation that:
19        (1) the facility includes a setback of at least 200
20    feet from the nearest potable water supply well;
21        (2) the facility is located outside the boundary of the
22    10-year floodplain or the site will be floodproofed;
23        (3) the facility is located so as to minimize
24    incompatibility with the character of the surrounding
25    area, including at least a 200 foot setback from any
26    residence, and in the case of a facility that is developed

 

 

SB1903- 19 -LRB097 09663 JDS 49800 b

1    or the permitted composting area of which is expanded after
2    November 17, 1991, the composting area is located at least
3    1/8 mile from the nearest residence (other than a residence
4    located on the same property as the facility);
5        (4) the design of the facility will prevent any compost
6    material from being placed within 5 feet of the water
7    table, will adequately control runoff from the site, and
8    will collect and manage any leachate that is generated on
9    the site;
10        (5) the operation of the facility will include
11    appropriate dust and odor control measures, limitations on
12    operating hours, appropriate noise control measures for
13    shredding, chipping and similar equipment, management
14    procedures for composting, containment and disposal of
15    non-compostable wastes, procedures to be used for
16    terminating operations at the site, and recordkeeping
17    sufficient to document the amount of materials received,
18    composted and otherwise disposed of; and
19        (6) the operation will be conducted in accordance with
20    any applicable rules adopted by the Board.
21    The Agency shall issue renewable permits of not longer than
2210 years in duration for the composting of landscape wastes, as
23defined in Section 3.155 of this Act, based on the above
24requirements.
25    The operator of any facility permitted under this
26subsection (m) must submit a written annual statement to the

 

 

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1Agency on or before April 1 of each year that includes an
2estimate of the amount of material, in tons, received for
3composting.
4    (n) The Agency shall issue permits jointly with the
5Department of Transportation for the dredging or deposit of
6material in Lake Michigan in accordance with Section 18 of the
7Rivers, Lakes, and Streams Act.
8    (o) (Blank.)
9    (p) (1) Any person submitting an application for a permit
10for a new MSWLF unit or for a lateral expansion under
11subsection (t) of Section 21 of this Act for an existing MSWLF
12unit that has not received and is not subject to local siting
13approval under Section 39.2 of this Act shall publish notice of
14the application in a newspaper of general circulation in the
15county in which the MSWLF unit is or is proposed to be located.
16The notice must be published at least 15 days before submission
17of the permit application to the Agency. The notice shall state
18the name and address of the applicant, the location of the
19MSWLF unit or proposed MSWLF unit, the nature and size of the
20MSWLF unit or proposed MSWLF unit, the nature of the activity
21proposed, the probable life of the proposed activity, the date
22the permit application will be submitted, and a statement that
23persons may file written comments with the Agency concerning
24the permit application within 30 days after the filing of the
25permit application unless the time period to submit comments is
26extended by the Agency.

 

 

SB1903- 21 -LRB097 09663 JDS 49800 b

1    When a permit applicant submits information to the Agency
2to supplement a permit application being reviewed by the
3Agency, the applicant shall not be required to reissue the
4notice under this subsection.
5    (2) The Agency shall accept written comments concerning the
6permit application that are postmarked no later than 30 days
7after the filing of the permit application, unless the time
8period to accept comments is extended by the Agency.
9    (3) Each applicant for a permit described in part (1) of
10this subsection shall file a copy of the permit application
11with the county board or governing body of the municipality in
12which the MSWLF unit is or is proposed to be located at the
13same time the application is submitted to the Agency. The
14permit application filed with the county board or governing
15body of the municipality shall include all documents submitted
16to or to be submitted to the Agency, except trade secrets as
17determined under Section 7.1 of this Act. The permit
18application and other documents on file with the county board
19or governing body of the municipality shall be made available
20for public inspection during regular business hours at the
21office of the county board or the governing body of the
22municipality and may be copied upon payment of the actual cost
23of reproduction.
24(Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06;
2595-288, eff. 8-20-07.)