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90_HB0767ren 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 Amends the Environmental Protection Act. Provides that a subsequent owner of a new pollution control facility is not required to submit proof that the location of the facility has been approved pursuant to the local siting review process if the location has already been approved by a local siting body, the Pollution Control Board, or a court of competent jurisdiction prior to the transfer of ownership to the subsequent owner. LRB9002914DPcc HB0767 Re-Enrolled LRB9002914DPcc 1 AN ACT to amend the Environmental Protection Act by 2 changing Sections 39 and 39.2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Protection Act is amended 6 by changing Sections 39 and 39.2 as follows: 7 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039) 8 Sec. 39. Issuance of permits; procedures. 9 (a) When the Board has by regulation required a permit 10 for the construction, installation, or operation of any type 11 of facility, equipment, vehicle, vessel, or aircraft, the 12 applicant shall apply to the Agency for such permit and it 13 shall be the duty of the Agency to issue such a permit upon 14 proof by the applicant that the facility, equipment, vehicle, 15 vessel, or aircraft will not cause a violation of this Act or 16 of regulations hereunder. The Agency shall adopt such 17 procedures as are necessary to carry out its duties under 18 this Section. In granting permits the Agency may impose such 19 conditions as may be necessary to accomplish the purposes of 20 this Act, and as are not inconsistent with the regulations 21 promulgated by the Board hereunder. Except as otherwise 22 provided in this Act, a bond or other security shall not be 23 required as a condition for the issuance of a permit. If the 24 Agency denies any permit under this Section, the Agency shall 25 transmit to the applicant within the time limitations of this 26 Section specific, detailed statements as to the reasons the 27 permit application was denied. Such statements shall 28 include, but not be limited to the following: 29 (i) the Sections of this Act which may be violated 30 if the permit were granted; 31 (ii) the provision of the regulations, promulgated HB0767 Re-Enrolled -2- LRB9002914DPcc 1 under this Act, which may be violated if the permit were 2 granted; 3 (iii) the specific type of information, if any, 4 which the Agency deems the applicant did not provide the 5 Agency; and 6 (iv) a statement of specific reasons why the Act 7 and the regulations might not be met if the permit were 8 granted. 9 If there is no final action by the Agency within 90 days 10 after the filing of the application for permit, the applicant 11 may deem the permit issued; except that this time period 12 shall be extended to 180 days when (1) notice and 13 opportunity for public hearing are required by State or 14 federal law or regulation, (2) the application which was 15 filed is for any permit to develop a landfill subject to 16 issuance pursuant to this subsection, or (3) the application 17 that was filed is for a MSWLF unit required to issue public 18 notice under subsection (p) of Section 39. 19 The Agency shall publish notice of all final permit 20 determinations for development permits for MSWLF units and 21 for significant permit modifications for lateral expansions 22 for existing MSWLF units one time in a newspaper of general 23 circulation in the county in which the unit is or is proposed 24 to be located. 25 After January 1, 1994, operating permits issued under 26 this Section by the Agency for sources of air pollution 27 permitted to emit less than 25 tons per year of any 28 combination of regulated air pollutants, as defined in 29 Section 39.5 of this Act, shall be required to be renewed 30 only upon written request by the Agency consistent with 31 applicable provisions of this Act and regulations promulgated 32 hereunder. Such operating permits shall expire 180 days 33 after the date of such a request. The Board shall revise its 34 regulations for the existing State air pollution operating HB0767 Re-Enrolled -3- LRB9002914DPcc 1 permit program consistent with this provision by January 1, 2 1994. 3 (b) The Agency may issue NPDES permits exclusively under 4 this subsection for the discharge of contaminants from point 5 sources into navigable waters, all as defined in the Federal 6 Water Pollution Control Act, as now or hereafter amended, 7 within the jurisdiction of the State, or into any well. 8 All NPDES permits shall contain those terms and 9 conditions, including but not limited to schedules of 10 compliance, which may be required to accomplish the purposes 11 and provisions of this Act. 12 The Agency may issue general NPDES permits for discharges 13 from categories of point sources which are subject to the 14 same permit limitations and conditions. Such general permits 15 may be issued without individual applications and shall 16 conform to regulations promulgated under Section 402 of the 17 Federal Water Pollution Control Act, as now or hereafter 18 amended. 19 The Agency may include, among such conditions, effluent 20 limitations and other requirements established under this 21 Act, Board regulations, the Federal Water Pollution Control 22 Act, as now or hereafter amended, and regulations pursuant 23 thereto, and schedules for achieving compliance therewith at 24 the earliest reasonable date. 25 The Agency shall adopt filing requirements and procedures 26 which are necessary and appropriate for the issuance of NPDES 27 permits, and which are consistent with the Act or regulations 28 adopted by the Board, and with the Federal Water Pollution 29 Control Act, as now or hereafter amended, and regulations 30 pursuant thereto. 31 The Agency, subject to any conditions which may be 32 prescribed by Board regulations, may issue NPDES permits to 33 allow discharges beyond deadlines established by this Act or 34 by regulations of the Board without the requirement of a HB0767 Re-Enrolled -4- LRB9002914DPcc 1 variance, subject to the Federal Water Pollution Control Act, 2 as now or hereafter amended, and regulations pursuant 3 thereto. 4 (c) Except for those facilities owned or operated by 5 sanitary districts organized under the Metropolitan Water 6 Reclamation District Act, no permit for the development or 7 construction of a new pollution control facility may be 8 granted by the Agency unless the applicant submits proof to 9 the Agency that the location of the facility has been 10 approved by the County Board of the county if in an 11 unincorporated area, or the governing body of the 12 municipality when in an incorporated area, in which the 13 facility is to be located in accordance with Section 39.2 of 14 this Act. 15 In the event that siting approval granted pursuant to 16 Section 39.2 has been transferred to a subsequent owner or 17 operator, that subsequent owner or operator may apply to the 18 Agency for, and the Agency may grant, a development or 19 construction permit for the facility for which local siting 20 approval was granted. Upon application to the Agency for a 21 development or construction permit by that subsequent owner 22 or operator, the permit applicant shall cause written notice 23 of the permit application to be served upon the appropriate 24 county board or governing body of the municipality that 25 granted siting approval for that facility and upon any party 26 to the siting proceeding pursuant to which siting approval 27 was granted. In that event, the Agency shall conduct an 28 evaluation of the subsequent owner or operator's prior 29 experience in waste management operations in the manner 30 conducted under subsection (i) of Section 39 of this Act. 31 Beginning August 20, 1993, if the pollution control 32 facility consists of a hazardous or solid waste disposal 33 facility for which the proposed site is located in an 34 unincorporated area of a county with a population of less HB0767 Re-Enrolled -5- LRB9002914DPcc 1 than 100,000 and includes all or a portion of a parcel of 2 land that was, on April 1, 1993, adjacent to a municipality 3 having a population of less than 5,000, then the local siting 4 review required under this subsection (c) in conjunction with 5 any permit applied for after that date shall be performed by 6 the governing body of that adjacent municipality rather than 7 the county board of the county in which the proposed site is 8 located; and for the purposes of that local siting review, 9 any references in this Act to the county board shall be 10 deemed to mean the governing body of that adjacent 11 municipality; provided, however, that the provisions of this 12 paragraph shall not apply to any proposed site which was, on 13 April 1, 1993, owned in whole or in part by another 14 municipality. 15 In the case of a pollution control facility for which a 16 development permit was issued before November 12, 1981, if an 17 operating permit has not been issued by the Agency prior to 18 August 31, 1989 for any portion of the facility, then the 19 Agency may not issue or renew any development permit nor 20 issue an original operating permit for any portion of such 21 facility unless the applicant has submitted proof to the 22 Agency that the location of the facility has been approved by 23 the appropriate county board or municipal governing body 24 pursuant to Section 39.2 of this Act. 25 After January 1, 1994, if a solid waste disposal 26 facility, any portion for which an operating permit has been 27 issued by the Agency, has not accepted waste disposal for 5 28 or more consecutive calendars years, before that facility may 29 accept any new or additional waste for disposal, the owner 30 and operator must obtain a new operating permit under this 31 Act for that facility unless the owner and operator have 32 applied to the Agency for a permit authorizing the temporary 33 suspension of waste acceptance. The Agency may not issue a 34 new operation permit under this Act for the facility unless HB0767 Re-Enrolled -6- LRB9002914DPcc 1 the applicant has submitted proof to the Agency that the 2 location of the facility has been approved or re-approved by 3 the appropriate county board or municipal governing body 4 under Section 39.2 of this Act after the facility ceased 5 accepting waste. 6 Except for those facilities owned or operated by sanitary 7 districts organized under the Metropolitan Water Reclamation 8 District Act, and except for new pollution control facilities 9 governed by Section 39.2, and except for fossil fuel mining 10 facilities, the granting of a permit under this Act shall not 11 relieve the applicant from meeting and securing all necessary 12 zoning approvals from the unit of government having zoning 13 jurisdiction over the proposed facility. 14 Before beginning construction on any new sewage treatment 15 plant or sludge drying site to be owned or operated by a 16 sanitary district organized under the Metropolitan Water 17 Reclamation District Act for which a new permit (rather than 18 the renewal or amendment of an existing permit) is required, 19 such sanitary district shall hold a public hearing within the 20 municipality within which the proposed facility is to be 21 located, or within the nearest community if the proposed 22 facility is to be located within an unincorporated area, at 23 which information concerning the proposed facility shall be 24 made available to the public, and members of the public shall 25 be given the opportunity to express their views concerning 26 the proposed facility. 27 The Agency may issue a permit for a municipal waste 28 transfer station without requiring approval pursuant to 29 Section 39.2 provided that the following demonstration is 30 made: 31 (1) the municipal waste transfer station was in 32 existence on or before January 1, 1979 and was in 33 continuous operation from January 1, 1979 to January 1, 34 1993; HB0767 Re-Enrolled -7- LRB9002914DPcc 1 (2) the operator submitted a permit application to 2 the Agency to develop and operate the municipal waste 3 transfer station during April of 1994; 4 (3) the operator can demonstrate that the county 5 board of the county, if the municipal waste transfer 6 station is in an unincorporated area, or the governing 7 body of the municipality, if the station is in an 8 incorporated area, does not object to resumption of the 9 operation of the station; and 10 (4) the site has local zoning approval. 11 (d) The Agency may issue RCRA permits exclusively under 12 this subsection to persons owning or operating a facility for 13 the treatment, storage, or disposal of hazardous waste as 14 defined under this Act. 15 All RCRA permits shall contain those terms and 16 conditions, including but not limited to schedules of 17 compliance, which may be required to accomplish the purposes 18 and provisions of this Act. The Agency may include among 19 such conditions standards and other requirements established 20 under this Act, Board regulations, the Resource Conservation 21 and Recovery Act of 1976 (P.L. 94-580), as amended, and 22 regulations pursuant thereto, and may include schedules for 23 achieving compliance therewith as soon as possible. The 24 Agency shall require that a performance bond or other 25 security be provided as a condition for the issuance of a 26 RCRA permit. 27 In the case of a permit to operate a hazardous waste or 28 PCB incinerator as defined in subsection (k) of Section 44, 29 the Agency shall require, as a condition of the permit, that 30 the operator of the facility perform such analyses of the 31 waste to be incinerated as may be necessary and appropriate 32 to ensure the safe operation of the incinerator. 33 The Agency shall adopt filing requirements and procedures 34 which are necessary and appropriate for the issuance of RCRA HB0767 Re-Enrolled -8- LRB9002914DPcc 1 permits, and which are consistent with the Act or regulations 2 adopted by the Board, and with the Resource Conservation and 3 Recovery Act of 1976 (P.L. 94-580), as amended, and 4 regulations pursuant thereto. 5 The applicant shall make available to the public for 6 inspection all documents submitted by the applicant to the 7 Agency in furtherance of an application, with the exception 8 of trade secrets, at the office of the county board or 9 governing body of the municipality. Such documents may be 10 copied upon payment of the actual cost of reproduction during 11 regular business hours of the local office. The Agency shall 12 issue a written statement concurrent with its grant or denial 13 of the permit explaining the basis for its decision. 14 (e) The Agency may issue UIC permits exclusively under 15 this subsection to persons owning or operating a facility for 16 the underground injection of contaminants as defined under 17 this Act. 18 All UIC permits shall contain those terms and conditions, 19 including but not limited to schedules of compliance, which 20 may be required to accomplish the purposes and provisions of 21 this Act. The Agency may include among such conditions 22 standards and other requirements established under this Act, 23 Board regulations, the Safe Drinking Water Act (P.L. 93-523), 24 as amended, and regulations pursuant thereto, and may include 25 schedules for achieving compliance therewith. The Agency 26 shall require that a performance bond or other security be 27 provided as a condition for the issuance of a UIC permit. 28 The Agency shall adopt filing requirements and procedures 29 which are necessary and appropriate for the issuance of UIC 30 permits, and which are consistent with the Act or regulations 31 adopted by the Board, and with the Safe Drinking Water Act 32 (P.L. 93-523), as amended, and regulations pursuant thereto. 33 The applicant shall make available to the public for 34 inspection, all documents submitted by the applicant to the HB0767 Re-Enrolled -9- LRB9002914DPcc 1 Agency in furtherance of an application, with the exception 2 of trade secrets, at the office of the county board or 3 governing body of the municipality. Such documents may be 4 copied upon payment of the actual cost of reproduction during 5 regular business hours of the local office. The Agency shall 6 issue a written statement concurrent with its grant or denial 7 of the permit explaining the basis for its decision. 8 (f) In making any determination pursuant to Section 9.1 9 of this Act: 10 (1) The Agency shall have authority to make the 11 determination of any question required to be determined 12 by the Clean Air Act, as now or hereafter amended, this 13 Act, or the regulations of the Board, including the 14 determination of the Lowest Achievable Emission Rate, 15 Maximum Achievable Control Technology, or Best Available 16 Control Technology, consistent with the Board's 17 regulations, if any. 18 (2) The Agency shall, after conferring with the 19 applicant, give written notice to the applicant of its 20 proposed decision on the application including the terms 21 and conditions of the permit to be issued and the facts, 22 conduct or other basis upon which the Agency will rely to 23 support its proposed action. 24 (3) Following such notice, the Agency shall give 25 the applicant an opportunity for a hearing in accordance 26 with the provisions of Sections 10-25 through 10-60 of 27 the Illinois Administrative Procedure Act. 28 (g) The Agency shall include as conditions upon all 29 permits issued for hazardous waste disposal sites such 30 restrictions upon the future use of such sites as are 31 reasonably necessary to protect public health and the 32 environment, including permanent prohibition of the use of 33 such sites for purposes which may create an unreasonable risk 34 of injury to human health or to the environment. After HB0767 Re-Enrolled -10- LRB9002914DPcc 1 administrative and judicial challenges to such restrictions 2 have been exhausted, the Agency shall file such restrictions 3 of record in the Office of the Recorder of the county in 4 which the hazardous waste disposal site is located. 5 (h) A hazardous waste stream may not be deposited in a 6 permitted hazardous waste site unless specific authorization 7 is obtained from the Agency by the generator and disposal 8 site owner and operator for the deposit of that specific 9 hazardous waste stream. The Agency may grant specific 10 authorization for disposal of hazardous waste streams only 11 after the generator has reasonably demonstrated that, 12 considering technological feasibility and economic 13 reasonableness, the hazardous waste cannot be reasonably 14 recycled for reuse, nor incinerated or chemically, physically 15 or biologically treated so as to neutralize the hazardous 16 waste and render it nonhazardous. In granting authorization 17 under this Section, the Agency may impose such conditions as 18 may be necessary to accomplish the purposes of the Act and 19 are consistent with this Act and regulations promulgated by 20 the Board hereunder. If the Agency refuses to grant 21 authorization under this Section, the applicant may appeal as 22 if the Agency refused to grant a permit, pursuant to the 23 provisions of subsection (a) of Section 40 of this Act. For 24 purposes of this subsection (h), the term "generator" has the 25 meaning given in Section 3.12 of this Act, unless: (1) the 26 hazardous waste is treated, incinerated, or partially 27 recycled for reuse prior to disposal, in which case the last 28 person who treats, incinerates, or partially recycles the 29 hazardous waste prior to disposal is the generator; or (2) 30 the hazardous waste is from a response action, in which case 31 the person performing the response action is the generator. 32 This subsection (h) does not apply to any hazardous waste 33 that is restricted from land disposal under 35 Ill. Adm. Code 34 728. HB0767 Re-Enrolled -11- LRB9002914DPcc 1 (i) Before issuing any RCRA permit or any permit for a 2 waste storage site, sanitary landfill, waste disposal site, 3 waste transfer station, waste treatment facility, waste 4 incinerator, orthe conduct ofany waste-transportationor5waste-disposaloperation, the Agency shall conduct an 6 evaluation of the prospective owner's or operator's prior 7 experience in waste management operations. The Agency may 8 deny such a permit if the prospective owner or operator or 9 any employee or officer of the prospective owner or operator 10 has a history of: 11 (1) repeated violations of federal, State, or local 12 laws, regulations, standards, or ordinances in the 13 operation of waste managementrefuse disposalfacilities 14 or sites; or 15 (2) conviction in this or another State of any 16 crime which is a felony under the laws of this State, or 17 conviction of a felony in a federal court; or 18 (3) proof of gross carelessness or incompetence in 19 handling, storing, processing, transporting or disposing 20 ofany hazardouswaste. 21 (j) The issuance under this Act of a permit to engage in 22 the surface mining of any resources other than fossil fuels 23 shall not relieve the permittee from its duty to comply with 24 any applicable local law regulating the commencement, 25 location or operation of surface mining facilities. 26 (k) A development permit issued under subsection (a) of 27 Section 39 for any facility or site which is required to have 28 a permit under subsection (d) of Section 21 shall expire at 29 the end of 2 calendar years from the date upon which it was 30 issued, unless within that period the applicant has taken 31 action to develop the facility or the site. In the event that 32 review of the conditions of the development permit is sought 33 pursuant to Section 40 or 41, or permittee is prevented from 34 commencing development of the facility or site by any other HB0767 Re-Enrolled -12- LRB9002914DPcc 1 litigation beyond the permittee's control, such two-year 2 period shall be deemed to begin on the date upon which such 3 review process or litigation is concluded. 4 (l) No permit shall be issued by the Agency under this 5 Act for construction or operation of any facility or site 6 located within the boundaries of any setback zone established 7 pursuant to this Act, where such construction or operation is 8 prohibited. 9 (m) The Agency may issue permits to persons owning or 10 operating a facility for composting landscape waste. In 11 granting such permits, the Agency may impose such conditions 12 as may be necessary to accomplish the purposes of this Act, 13 and as are not inconsistent with applicable regulations 14 promulgated by the Board. Except as otherwise provided in 15 this Act, a bond or other security shall not be required as a 16 condition for the issuance of a permit. If the Agency denies 17 any permit pursuant to this subsection, the Agency shall 18 transmit to the applicant within the time limitations of this 19 subsection specific, detailed statements as to the reasons 20 the permit application was denied. Such statements shall 21 include but not be limited to the following: 22 (1) the Sections of this Act that may be violated 23 if the permit were granted; 24 (2) the specific regulations promulgated pursuant 25 to this Act that may be violated if the permit were 26 granted; 27 (3) the specific information, if any, the Agency 28 deems the applicant did not provide in its application to 29 the Agency; and 30 (4) a statement of specific reasons why the Act and 31 the regulations might be violated if the permit were 32 granted. 33 If no final action is taken by the Agency within 90 days 34 after the filing of the application for permit, the applicant HB0767 Re-Enrolled -13- LRB9002914DPcc 1 may deem the permit issued. Any applicant for a permit may 2 waive the 90 day limitation by filing a written statement 3 with the Agency. 4 The Agency shall issue permits for such facilities upon 5 receipt of an application that includes a legal description 6 of the site, a topographic map of the site drawn to the scale 7 of 200 feet to the inch or larger, a description of the 8 operation, including the area served, an estimate of the 9 volume of materials to be processed, and documentation that: 10 (1) the facility includes a setback of at least 200 11 feet from the nearest potable water supply well; 12 (2) the facility is located outside the boundary of 13 the 10-year floodplain or the site will be floodproofed; 14 (3) the facility is located so as to minimize 15 incompatibility with the character of the surrounding 16 area, including at least a 200 foot setback from any 17 residence, and in the case of a facility that is 18 developed or the permitted composting area of which is 19 expanded after November 17, 1991, the composting area is 20 located at least 1/8 mile from the nearest residence 21 (other than a residence located on the same property as 22 the facility); 23 (4) the design of the facility will prevent any 24 compost material from being placed within 5 feet of the 25 water table, will adequately control runoff from the 26 site, and will collect and manage any leachate that is 27 generated on the site; 28 (5) the operation of the facility will include 29 appropriate dust and odor control measures, limitations 30 on operating hours, appropriate noise control measures 31 for shredding, chipping and similar equipment, management 32 procedures for composting, containment and disposal of 33 non-compostable wastes, procedures to be used for 34 terminating operations at the site, and recordkeeping HB0767 Re-Enrolled -14- LRB9002914DPcc 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 4 with any applicable rules adopted by the Board. 5 The Agency shall issue renewable permits of not longer 6 than 10 years in duration for the composting of landscape 7 wastes, as defined in Section 3.70 of this Act, based on the 8 above requirements. 9 The operator of any facility permitted under this 10 subsection (m) must submit a written annual statement to the 11 Agency on or before April 1 of each year that includes an 12 estimate of the amount of material, in tons, received for 13 composting. 14 (n) The Agency shall issue permits jointly with the 15 Department of Transportation for the dredging or deposit of 16 material in Lake Michigan in accordance with Section 18 of 17 the Rivers, Lakes, and Streams Act. 18 (o) From September 4, 1990 until December 31, 1993, no 19 permit shall be issued by the Agency for the development or 20 construction of any new facility intended to be used for the 21 incineration of any hazardous waste. This subsection shall 22 not apply to facilities intended for use for combustion of 23 potentially infectious medical waste, for use as part of a 24 State or federally designated clean-up action, or for use 25 solely for the conduct of research and the development and 26 demonstration of technologies for the incineration of 27 hazardous waste. 28 (p) (1) Any person submitting an application for a 29 permit for a new MSWLF unit or for a lateral expansion under 30 subsection (t) of Section 21 of this Act for an existing 31 MSWLF unit that has not received and is not subject to local 32 siting approval under Section 39.2 of this Act shall publish 33 notice of the application in a newspaper of general 34 circulation in the county in which the MSWLF unit is or is HB0767 Re-Enrolled -15- LRB9002914DPcc 1 proposed to be located. The notice must be published at 2 least 15 days before submission of the permit application to 3 the Agency. The notice shall state the name and address of 4 the applicant, the location of the MSWLF unit or proposed 5 MSWLF unit, the nature and size of the MSWLF unit or proposed 6 MSWLF unit, the nature of the activity proposed, the probable 7 life of the proposed activity, the date the permit 8 application will be submitted, and a statement that persons 9 may file written comments with the Agency concerning the 10 permit application within 30 days after the filing of the 11 permit application unless the time period to submit comments 12 is extended by the Agency. 13 When a permit applicant submits information to the Agency 14 to supplement a permit application being reviewed by the 15 Agency, the applicant shall not be required to reissue the 16 notice under this subsection. 17 (2) The Agency shall accept written comments concerning 18 the permit application that are postmarked no later then 30 19 days after the filing of the permit application, unless the 20 time period to accept comments is extended by the Agency. 21 (3) Each applicant for a permit described in part (1) of 22 this subsection shall file a copy of the permit application 23 with the county board or governing body of the municipality 24 in which the MSWLF unit is or is proposed to be located at 25 the same time the application is submitted to the Agency. 26 The permit application filed with the county board or 27 governing body of the municipality shall include all 28 documents submitted to or to be submitted to the Agency, 29 except trade secrets as determined under Section 7.1 of this 30 Act. The permit application and other documents on file with 31 the county board or governing body of the municipality shall 32 be made available for public inspection during regular 33 business hours at the office of the county board or the 34 governing body of the municipality and may be copied upon HB0767 Re-Enrolled -16- LRB9002914DPcc 1 payment of the actual cost of reproduction. 2 (Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464; 88-496; 3 88-670, eff. 12-2-94; 88-681, eff. 12-22-94; 89-487, eff. 4 6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.) 5 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2) 6 Sec. 39.2. Local siting approval. 7 (a) The county board of the county or the governing body 8 of the municipality, as determined by paragraph (c) of 9 Section 39 of this Act, shall approve or disapprove the 10 request for local siting approval for each pollution control 11 facility which is subject to such review. An applicant for 12 local siting approval shall submit sufficient details 13 describing the proposed facility to demonstrate compliance, 14 and local siting approval shall be granted only if the 15 proposed facility meets the following criteria: 16 (i) the facility is necessary to accommodate the 17 waste needs of the area it is intended to serve; 18 (ii) the facility is so designed, located and 19 proposed to be operated that the public health, safety 20 and welfare will be protected; 21 (iii) the facility is located so as to minimize 22 incompatibility with the character of the surrounding 23 area and to minimize the effect on the value of the 24 surrounding property; 25 (iv) the facility is located outside the boundary 26 of the 100 year flood plain or the site is flood-proofed; 27 (v) the plan of operations for the facility is 28 designed to minimize the danger to the surrounding area 29 from fire, spills, or other operational accidents; 30 (vi) the traffic patterns to or from the facility 31 are so designed as to minimize the impact on existing 32 traffic flows; 33 (vii) if the facility will be treating, storing or HB0767 Re-Enrolled -17- LRB9002914DPcc 1 disposing of hazardous waste, an emergency response plan 2 exists for the facility which includes notification, 3 containment and evacuation procedures to be used in case 4 of an accidental release; 5 (viii) if the facility is to be located in a county 6 where the county board has adopted a solid waste 7 management plan consistent with the planning requirements 8 of the Local Solid Waste Disposal Act or the Solid Waste 9 Planning and Recycling Act, the facility is consistent 10 with that plan; and 11 (ix) if the facility will be located within a 12 regulated recharge area, any applicable requirements 13 specified by the Board for such areas have been met. 14 The county board or the governing body of the 15 municipality may also consider as evidence the previous 16 operating experience and past record of convictions or 17 admissions of violations of the applicant (and any subsidiary 18 or parent corporation) in the field of solid waste management 19 when considering criteria (ii) and (v) under this Section. 20 (b) No later than 14 days prior to a request for 21 location approval the applicant shall cause written notice of 22 such request to be served either in person or by registered 23 mail, return receipt requested, on the owners of all property 24 within the subject area not solely owned by the applicant, 25 and on the owners of all property within 250 feet in each 26 direction of the lot line of the subject property, said 27 owners being such persons or entities which appear from the 28 authentic tax records of the County in which such facility is 29 to be located; provided, that the number of all feet occupied 30 by all public roads, streets, alleys and other public ways 31 shall be excluded in computing the 250 feet requirement; 32 provided further, that in no event shall this requirement 33 exceed 400 feet, including public streets, alleys and other 34 public ways. HB0767 Re-Enrolled -18- LRB9002914DPcc 1 Such written notice shall also be served upon members of 2 the General Assembly from the legislative district in which 3 the proposed facility is located and shall be published in a 4 newspaper of general circulation published in the county in 5 which the site is located. 6 Such notice shall state the name and address of the 7 applicant, the location of the proposed site, the nature and 8 size of the development, the nature of the activity proposed, 9 the probable life of the proposed activity, the date when the 10 request for site approval will be submitted, and a 11 description of the right of persons to comment on such 12 request as hereafter provided. 13 (c) An applicant shall file a copy of its request with 14 the county board of the county or the governing body of the 15 municipality in which the proposed site is located. The 16 request shall include (i) the substance of the applicant's 17 proposal and (ii) all documents, if any, submitted as of that 18 date to the Agency pertaining to the proposed facility, 19 except trade secrets as determined under Section 7.1 of this 20 Act. All such documents or other materials on file with the 21 county board or governing body of the municipality shall be 22 made available for public inspection at the office of the 23 county board or the governing body of the municipality and 24 may be copied upon payment of the actual cost of 25 reproduction. 26 Any person may file written comment with the county board 27 or governing body of the municipality concerning the 28 appropriateness of the proposed site for its intended 29 purpose. The county board or governing body of the 30 municipality shall consider any comment received or 31 postmarked not later than 30 days after the date of the last 32 public hearing. 33 (d) At least one public hearing is to be held by the 34 county board or governing body of the municipality no sooner HB0767 Re-Enrolled -19- LRB9002914DPcc 1 than 90 days but no later than 120 days from receipt of the 2 request for site approval, such hearing to be preceded by 3 published notice in a newspaper of general circulation 4 published in the county of the proposed site, and notice by 5 certified mail to all members of the General Assembly from 6 the district in which the proposed site is located, to the 7 governing authority of every municipality contiguous to the 8 proposed site or contiguous to the municipality in which the 9 proposed site is to be located, and to the Agency. The public 10 hearing shall develop a record sufficient to form the basis 11 of appeal of the decision in accordance with Section 40.1 of 12 this Act. The fact that a member of the county board or 13 governing body of the municipality has publicly expressed an 14 opinion on an issue related to a site review proceeding shall 15 not preclude the member from taking part in the proceeding 16 and voting on the issue. 17 (e) Decisions of the county board or governing body of 18 the municipality are to be in writing, specifying the reasons 19 for the decision, such reasons to be in conformance with 20 subsection (a) of this Section. In granting approval for a 21 site the county board or governing body of the municipality 22 may impose such conditions as may be reasonable and necessary 23 to accomplish the purposes of this Section and as are not 24 inconsistent with regulations promulgated by the Board. Such 25 decision shall be available for public inspection at the 26 office of the county board or governing body of the 27 municipality and may be copied upon payment of the actual 28 cost of reproduction. If there is no final action by the 29 county board or governing body of the municipality within 180 30 days after the filing of the request for site approval the 31 applicant may deem the request approved. 32 At any time prior to completion by the applicant of the 33 presentation of the applicant's factual evidence and an 34 opportunity for cross-questioning by the county board or HB0767 Re-Enrolled -20- LRB9002914DPcc 1 governing body of the municipality and any participants, the 2 applicant may file not more than one amended application upon 3 payment of additional fees pursuant to subsection (k); in 4 which case the time limitation for final action set forth in 5 this subsection (e) shall be extended for an additional 6 period of 90 days. 7 (e-5) Siting approval obtained pursuant to this Section 8 is transferable and may be transferred to a subsequent owner 9 or operator. In the event that siting approval has been 10 transferred to a subsequent owner or operator, that 11 subsequent owner or operator assumes and takes subject to any 12 and all conditions imposed upon the prior owner or operator 13 by the county board of the county or governing body of the 14 municipality pursuant to subsection (e). However, any such 15 conditions imposed pursuant to this Section may be modified 16 by agreement between the subsequent owner or operator and the 17 appropriate county board or governing body. Further, in the 18 event that siting approval obtained pursuant to this Section 19 has been transferred to a subsequent owner or operator, that 20 subsequent owner or operator assumes all rights and 21 obligations and takes the facility subject to any and all 22 terms and conditions of any existing host agreement between 23 the prior owner or operator and the appropriate county board 24 or governing body. 25 (f) A local siting approval granted under this Section 26 shall expire at the end of 2 calendar years from the date 27 upon which it was granted, unless the local siting approval 28 granted under this Section is for a sanitary landfill 29 operation, in which case the approval shall expire at the end 30 of 3 calendar years from the date upon which it was granted, 31 and unless within that period the applicant has made 32 application to the Agency for a permit to develop the site. 33 In the event that the local siting decision has been 34 appealed, such expiration period shall be deemed to begin on HB0767 Re-Enrolled -21- LRB9002914DPcc 1 the date upon which the appeal process is concluded. 2 Except as otherwise provided in this subsection, upon the 3 expiration of a development permit under subsection (k) of 4 Section 39, any associated local siting approval granted for 5 the facility under this Section shall also expire. 6 If a first development permit for a municipal waste 7 incineration facility expires under subsection (k) of Section 8 39 after September 30, 1989 due to circumstances beyond the 9 control of the applicant, any associated local siting 10 approval granted for the facility under this Section may be 11 used to fulfill the local siting approval requirement upon 12 application for a second development permit for the same 13 site, provided that the proposal in the new application is 14 materially the same, with respect to the criteria in 15 subsection (a) of this Section, as the proposal that received 16 the original siting approval, and application for the second 17 development permit is made before January 1, 1990. 18 (g) The siting approval procedures, criteria and appeal 19 procedures provided for in this Act for new pollution control 20 facilities shall be the exclusive siting procedures and rules 21 and appeal procedures for facilities subject to such 22 procedures. Local zoning or other local land use requirements 23 shall not be applicable to such siting decisions. 24 (h) Nothing in this Section shall apply to any existing 25 or new pollution control facility located within the 26 corporate limits of a municipality with a population of over 27 1,000,000. 28 (i) The Department shall make a study of technical 29 considerations relating to the siting of new pollution 30 control facilities. Such study shall include, but need not be 31 limited to, a determination of the geologic and hydrologic 32 conditions in the State most suitable for the siting of such 33 facilities, the establishment of a data base on such 34 conditions in Illinois, and recommendations for the HB0767 Re-Enrolled -22- LRB9002914DPcc 1 establishment of technical guidelines and criteria to be used 2 in making such siting decisions. The Department shall report 3 such study and recommendations to the General Assembly, the 4 Governor, the Board and the public no later than October 1, 5 1984. 6 The Board shall adopt regulations establishing the 7 geologic and hydrologic siting criteria necessary to protect 8 usable groundwater resources which are to be followed by the 9 Agency in its review of permit applications for new pollution 10 control facilities. Such regulations, insofar as they apply 11 to new pollution control facilities authorized to store, 12 treat or dispose of any hazardous waste, shall be at least as 13 stringent as the requirements of the Resource Conservation 14 and Recovery Act and any State or federal regulations adopted 15 pursuant thereto. 16 (j) Any new pollution control facility which has never 17 obtained local siting approval under the provisions of this 18 Section shall be required to obtain such approval after a 19 final decision on an appeal of a permit denial. 20 (k) A county board or governing body of a municipality 21 may charge applicants for siting review under this Section a 22 reasonable fee to cover the reasonable and necessary costs 23 incurred by such county or municipality in the siting review 24 process. 25 (l) The governing Authority as determined by subsection 26 (c) of Section 39 of this Act may request the Department of 27 Transportation to perform traffic impact studies of proposed 28 or potential locations for required pollution control 29 facilities. 30 (m) An applicant may not file a request for local siting 31 approval which is substantially the same as a request which 32 was disapproved pursuant to a finding against the applicant 33 under any of criteria (i) through (ix) of subsection (a) of 34 this Section within the preceding 2 years. HB0767 Re-Enrolled -23- LRB9002914DPcc 1 (n) In any review proceeding of a decision of the county 2 board or governing body of a municipality made pursuant to 3 the local siting review process, the petitioner in the review 4 proceeding shall pay to the county or municipality the cost 5 of preparing and certifying the record of proceedings. 6 Should the petitioner in the review proceeding fail to make 7 payment, the provisions of Section 3-109 of the Code of Civil 8 Procedure shall apply. 9 In the event the petitioner is a citizens' group that 10 participated in the siting proceeding and is so located as to 11 be affected by the proposed facility, such petitioner shall 12 be exempt from paying the costs of preparing and certifying 13 the record. 14 (o) Notwithstanding any other provision of this Section, 15 a transfer station used exclusively for landscape waste, 16 where landscape waste is held no longer than 24 hours from 17 the time it was received, is not subject to the requirements 18 of local siting approval under this Section, but is subject 19 only to local zoning approval. 20 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94; 21 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff. 22 8-9-96.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.