Illinois General Assembly - Full Text of HB0917
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Full Text of HB0917  93rd General Assembly

HB0917sam003 93rd General Assembly


093_HB0917sam003











                                     LRB093 05420 AMC 17281 a

 1                     AMENDMENT TO HOUSE BILL 917

 2        AMENDMENT NO.     .  Amend House Bill  917  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Environmental Protection Act is amended
 5    by changing 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
 9    of the  municipality,  as  determined  by  paragraph  (c)  of
10    Section  39  of  this  Act,  shall  approve or disapprove the
11    request for local siting approval for each pollution  control
12    facility  which  is subject to such review.  An applicant for
13    local  siting  approval  shall  submit   sufficient   details
14    describing  the  proposed facility to demonstrate compliance,
15    and local siting  approval  shall  be  granted  only  if  the
16    proposed facility meets the following criteria:
17             (i)  the  facility  is  necessary to accommodate the
18        waste needs of the area it is intended to serve;
19             (ii)  the  facility  is  so  designed,  located  and
20        proposed to be operated that the  public  health,  safety
21        and welfare will be protected;
22             (iii)  the  facility  is  located  so as to minimize
 
                            -2-      LRB093 05420 AMC 17281 a
 1        incompatibility with the  character  of  the  surrounding
 2        area  and  to  minimize  the  effect  on the value of the
 3        surrounding property;
 4             (iv) (A)  for  a  facility  other  than  a  sanitary
 5        landfill or waste disposal site, the facility is  located
 6        outside  the  boundary of the 100 year flood plain or the
 7        site is flood-proofed; (B)  for  a  facility  that  is  a
 8        sanitary landfill or waste disposal site, the facility is
 9        located  outside the boundary of the 100-year floodplain,
10        or if the facility is a facility described in  subsection
11        (b)(3) of Section 22.19a, the site is flood-proofed;
12             (v)  the  plan  of  operations  for  the facility is
13        designed to minimize the danger to the  surrounding  area
14        from fire, spills, or other operational accidents;
15             (vi)  the  traffic  patterns to or from the facility
16        are so designed as to minimize  the  impact  on  existing
17        traffic flows;
18             (vii)  if  the facility will be treating, storing or
19        disposing of hazardous waste, an emergency response  plan
20        exists  for  the  facility  which  includes notification,
21        containment and evacuation procedures to be used in  case
22        of an accidental release;
23             (viii)  if the facility is to be located in a county
24        where   the  county  board  has  adopted  a  solid  waste
25        management plan consistent with the planning requirements
26        of the Local Solid Waste Disposal Act or the Solid  Waste
27        Planning  and  Recycling  Act, the facility is consistent
28        with that plan; and
29             (ix)  if the  facility  will  be  located  within  a
30        regulated  recharge  area,  any  applicable  requirements
31        specified by the Board for such areas have been met.
32        The   county   board   or   the  governing  body  of  the
33    municipality may  also  consider  as  evidence  the  previous
34    operating  experience  and  past  record  of  convictions  or
 
                            -3-      LRB093 05420 AMC 17281 a
 1    admissions of violations of the applicant (and any subsidiary
 2    or parent corporation) in the field of solid waste management
 3    when considering criteria (ii) and (v) under this Section.
 4        (a-5)  If  a  proposed  transfer station would be located
 5    (i)  in  an  unincorporated  area  of   DuPage   County   and
 6    immediately  adjacent  to  a  municipality  or  (ii) within a
 7    municipality in DuPage County, then the local siting approval
 8    may not be granted  unless  approved  by  resolution  of  the
 9    municipality.
10        (b)  No  later  than 14 days before the date on which the
11    county board or governing body of the municipality receives a
12    request for site approval, the applicant shall cause  written
13    notice  of  such  request to be served either in person or by
14    registered mail, return receipt requested, on the  owners  of
15    all  property within the subject area not solely owned by the
16    applicant, and on the owners of all property within 250  feet
17    in  each  direction  of the lot line of the subject property,
18    said owners being such persons or entities which appear  from
19    the  authentic  tax  records  of  the  County  in  which such
20    facility is to be located; provided, that the number  of  all
21    feet  occupied by all public roads, streets, alleys and other
22    public ways shall be  excluded  in  computing  the  250  feet
23    requirement;  provided  further,  that in no event shall this
24    requirement exceed 400 feet, including public streets, alleys
25    and other public ways.
26        Such written notice shall also be served upon members  of
27    the  General  Assembly from the legislative district in which
28    the proposed facility is located and shall be published in  a
29    newspaper  of  general circulation published in the county in
30    which the site is located.
31        Such notice shall state  the  name  and  address  of  the
32    applicant,  the location of the proposed site, the nature and
33    size of the development, the nature of the activity proposed,
34    the probable life of the proposed activity, the date when the
 
                            -4-      LRB093 05420 AMC 17281 a
 1    request  for  site  approval  will  be   submitted,   and   a
 2    description  of  the  right  of  persons  to  comment on such
 3    request as hereafter provided.
 4        (c)  An applicant shall file a copy of its  request  with
 5    the  county  board of the county or the governing body of the
 6    municipality in which the  proposed  site  is  located.   The
 7    request  shall  include  (i) the substance of the applicant's
 8    proposal and (ii) all documents, if any, submitted as of that
 9    date to the  Agency  pertaining  to  the  proposed  facility,
10    except  trade secrets as determined under Section 7.1 of this
11    Act.  All such documents or other materials on file with  the
12    county  board  or governing body of the municipality shall be
13    made available for public inspection at  the  office  of  the
14    county  board  or  the governing body of the municipality and
15    may  be  copied  upon  payment  of   the   actual   cost   of
16    reproduction.
17        Any person may file written comment with the county board
18    or   governing   body  of  the  municipality  concerning  the
19    appropriateness  of  the  proposed  site  for  its   intended
20    purpose.    The   county  board  or  governing  body  of  the
21    municipality  shall  consider   any   comment   received   or
22    postmarked  not later than 30 days after the date of the last
23    public hearing.
24        (d)  At least one public hearing is to  be  held  by  the
25    county  board or governing body of the municipality no sooner
26    than 90 days but no later than 120 days  after  the  date  on
27    which  it  received  the request for site approval.  No later
28    than 14 days prior to such hearing, notice shall be published
29    in a newspaper of general circulation published in the county
30    of the proposed site, and delivered by certified mail to  all
31    members  of  the  General Assembly from the district in which
32    the proposed site is located, to the governing  authority  of
33    every   municipality  contiguous  to  the  proposed  site  or
34    contiguous to the municipality in which the proposed site  is
 
                            -5-      LRB093 05420 AMC 17281 a
 1    to  be  located,  to the county board of the county where the
 2    proposed site is to be  located,  if  the  proposed  site  is
 3    located  within  the boundaries of a municipality, and to the
 4    Agency.   Members  or  representatives   of   the   governing
 5    authority  of  a municipality contiguous to the proposed site
 6    or contiguous to the municipality in which the proposed  site
 7    is  to  be located  and, if the proposed site is located in a
 8    municipality, members or representatives of the county  board
 9    of  a  county in which the proposed site is to be located may
10    appear at and participate in public hearings held pursuant to
11    this Section.  The public  hearing  shall  develop  a  record
12    sufficient  to  form  the  basis of appeal of the decision in
13    accordance with Section 40.1 of this Act.  The  fact  that  a
14    member   of  the  county  board  or  governing  body  of  the
15    municipality has publicly expressed an opinion  on  an  issue
16    related  to  a  site review proceeding shall not preclude the
17    member from taking part in the proceeding and voting  on  the
18    issue.
19        (e)  Decisions  of  the county board or governing body of
20    the municipality are to be in writing, specifying the reasons
21    for the decision, such reasons  to  be  in  conformance  with
22    subsection  (a)  of this Section.  In granting approval for a
23    site the county board or governing body of  the  municipality
24    may impose such conditions as may be reasonable and necessary
25    to  accomplish  the  purposes  of this Section and as are not
26    inconsistent with regulations promulgated by the Board.  Such
27    decision shall be available  for  public  inspection  at  the
28    office   of  the  county  board  or  governing  body  of  the
29    municipality and may be copied upon  payment  of  the  actual
30    cost  of  reproduction.   If  there is no final action by the
31    county board or governing body of the municipality within 180
32    days after the date on which it received the request for site
33    approval, the applicant may deem the request approved.
34        At any time prior to completion by the applicant  of  the
 
                            -6-      LRB093 05420 AMC 17281 a
 1    presentation  of  the  applicant's  factual  evidence  and an
 2    opportunity for cross-questioning  by  the  county  board  or
 3    governing  body of the municipality and any participants, the
 4    applicant may file not more than one amended application upon
 5    payment of additional fees pursuant  to  subsection  (k);  in
 6    which  case the time limitation for final action set forth in
 7    this subsection (e)  shall  be  extended  for  an  additional
 8    period of 90 days.
 9        If,  prior  to  making  a  final local siting decision, a
10    county  board  or  governing  body  of  a  municipality   has
11    negotiated  and  entered into a host agreement with the local
12    siting applicant,  the  terms  and  conditions  of  the  host
13    agreement,  whether  written  or oral, shall be disclosed and
14    made a part of the  hearing  record  for  that  local  siting
15    proceeding.  In the case of an oral agreement, the disclosure
16    shall be made in  the  form  of  a  written  summary  jointly
17    prepared  and submitted by the county board or governing body
18    of the  municipality  and  the  siting  applicant  and  shall
19    describe the terms and conditions of the oral agreement.
20        (e-5)  Siting  approval obtained pursuant to this Section
21    is transferable and may be transferred to a subsequent  owner
22    or  operator.   In  the  event  that siting approval has been
23    transferred  to  a  subsequent  owner   or   operator,   that
24    subsequent owner or operator assumes and takes subject to any
25    and  all  conditions imposed upon the prior owner or operator
26    by the county board of the county or governing  body  of  the
27    municipality  pursuant  to  subsection (e). However, any such
28    conditions imposed pursuant to this Section may  be  modified
29    by agreement between the subsequent owner or operator and the
30    appropriate  county board or governing body.  Further, in the
31    event that siting approval obtained pursuant to this  Section
32    has  been transferred to a subsequent owner or operator, that
33    subsequent  owner  or  operator  assumes   all   rights   and
34    obligations  and  takes  the  facility subject to any and all
 
                            -7-      LRB093 05420 AMC 17281 a
 1    terms and conditions of any existing host  agreement  between
 2    the  prior owner or operator and the appropriate county board
 3    or governing body.
 4        (f)  A local siting approval granted under  this  Section
 5    shall  expire  at  the  end of 2 calendar years from the date
 6    upon which it was granted, unless the local  siting  approval
 7    granted  under  this  Section  is  for  a  sanitary  landfill
 8    operation, in which case the approval shall expire at the end
 9    of  3 calendar years from the date upon which it was granted,
10    and  unless  within  that  period  the  applicant  has   made
11    application  to  the Agency for a permit to develop the site.
12    In  the  event  that  the  local  siting  decision  has  been
13    appealed, such expiration period shall be deemed to begin  on
14    the date upon which the appeal process is concluded.
15        Except as otherwise provided in this subsection, upon the
16    expiration  of  a  development permit under subsection (k) of
17    Section 39, any associated local siting approval granted  for
18    the facility under this Section shall also expire.
19        If  a  first  development  permit  for  a municipal waste
20    incineration facility expires under subsection (k) of Section
21    39 after September 30, 1989 due to circumstances  beyond  the
22    control   of  the  applicant,  any  associated  local  siting
23    approval granted for the facility under this Section  may  be
24    used  to  fulfill  the local siting approval requirement upon
25    application for a second  development  permit  for  the  same
26    site,  provided  that  the proposal in the new application is
27    materially  the  same,  with  respect  to  the  criteria   in
28    subsection (a) of this Section, as the proposal that received
29    the  original siting approval, and application for the second
30    development permit is made before January 1, 1990.
31        (g)  The siting approval procedures, criteria and  appeal
32    procedures provided for in this Act for new pollution control
33    facilities shall be the exclusive siting procedures and rules
34    and   appeal   procedures  for  facilities  subject  to  such
 
                            -8-      LRB093 05420 AMC 17281 a
 1    procedures. Local zoning or other local land use requirements
 2    shall not be applicable to such siting decisions.
 3        (h)  Nothing in this Section shall apply to any  existing
 4    or   new   pollution  control  facility  located  within  the
 5    corporate limits of a municipality with a population of  over
 6    1,000,000.
 7        (i)  (Blank.)
 8        The   Board  shall  adopt  regulations  establishing  the
 9    geologic and hydrologic siting criteria necessary to  protect
10    usable  groundwater resources which are to be followed by the
11    Agency in its review of permit applications for new pollution
12    control facilities.  Such regulations, insofar as they  apply
13    to  new  pollution  control  facilities  authorized to store,
14    treat or dispose of any hazardous waste, shall be at least as
15    stringent as the requirements of  the  Resource  Conservation
16    and Recovery Act and any State or federal regulations adopted
17    pursuant thereto.
18        (j)  Any  new  pollution control facility which has never
19    obtained local siting approval under the provisions  of  this
20    Section  shall  be  required  to obtain such approval after a
21    final decision on an appeal of a permit denial.
22        (k)  A county board or governing body of  a  municipality
23    may  charge applicants for siting review under this Section a
24    reasonable fee to cover the reasonable  and  necessary  costs
25    incurred  by such county or municipality in the siting review
26    process.
27        (l)  The governing Authority as determined by  subsection
28    (c)  of  Section 39 of this Act may request the Department of
29    Transportation to perform traffic impact studies of  proposed
30    or   potential   locations  for  required  pollution  control
31    facilities.
32        (m)  An applicant may not file a request for local siting
33    approval which is substantially the same as a  request  which
34    was  disapproved  pursuant to a finding against the applicant
 
                            -9-      LRB093 05420 AMC 17281 a
 1    under any of criteria (i) through (ix) of subsection  (a)  of
 2    this Section within the preceding 2 years.
 3        (n)  In any review proceeding of a decision of the county
 4    board  or  governing  body of a municipality made pursuant to
 5    the local siting review process, the petitioner in the review
 6    proceeding shall pay to the county or municipality  the  cost
 7    of  preparing  and  certifying  the  record  of  proceedings.
 8    Should  the  petitioner in the review proceeding fail to make
 9    payment, the provisions of Section 3-109 of the Code of Civil
10    Procedure shall apply.
11        In the event the petitioner is  a  citizens'  group  that
12    participated in the siting proceeding and is so located as to
13    be  affected  by the proposed facility, such petitioner shall
14    be exempt from paying the costs of preparing  and  certifying
15    the record.
16        (o)  Notwithstanding any other provision of this Section,
17    a  transfer  station  used  exclusively  for landscape waste,
18    where landscape waste is held no longer than  24  hours  from
19    the  time it was received, is not subject to the requirements
20    of local siting approval under this Section, but  is  subject
21    only to local zoning approval.
22    (Source: P.A. 91-588, eff. 8-14-99; 92-574, eff. 6-26-02.)

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law."