State of Illinois
90th General Assembly
Legislation

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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,  or  the  conduct of any waste-transportation or
 5    waste-disposal  operation,  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 management refuse disposal  facilities
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        of any hazardous waste.
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.

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