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90_HB1887eng 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 Amends the Environmental Protection Act to make a technical change. LRB9003896DPmg HB1887 Engrossed LRB9003896DPmg 1 AN ACT to amend the Environmental Protection Act by 2 changing Sections 3.78, 3.81, 21, and 39.2 and by adding 3 Sections 3.78a, 3.78b, 3.78c, and 22.38. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Environmental Protection Act is amended 7 by changing Sections 3.78, 3.81, 21, and 39.2 and by adding 8 Sections 3.78a, 3.78b, 3.78c, and 22.38 as follows: 9 (415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78) 10 Sec. 3.78. General construction or demolition debris. 11 "General
Cleanconstruction or demolition debris" means 12 uncontaminated material resulting from the construction, 13 remodeling, repair, and demolition of utilities, structures, 14 and roads. "General construction or demolition debris" is 15 limited to bricks, concrete, and other masonry materials; 16 soil; rock; cardboard; wood, including nonhazardous painted, 17 treated and coated wood and wood products; plumbing fixtures; 18 roofing shingles; asphaltic pavement; glass; plastics that 19 are not sealed in a manner to conceal waste; electrical 20 wiring and components containing no hazardous liquids; and 21 ferrous and nonferrous metals broken concrete without22 protruding metal bars, bricks, rock, stone, reclaimed asphalt23 pavement or uncontaminated dirt or sand generated from24 construction or demolition activities. 25 (Source: P.A. 86-633; 86-1028; 87-1171.) 26 (415 ILCS 5/3.78a new) 27 Sec. 3.78a. Commercial general construction or 28 demolition debris recycling center. "Commercial general 29 construction or demolition debris recycling center" means a 30 site or facility that accepts from more than one source only HB1887 Engrossed -2- LRB9003896DPmg 1 general construction or demolition debris that is generated 2 off-site so that recyclable materials will be separated and 3 removed for subsequent use in the secondary materials market. 4 (415 ILCS 5/3.78b new) 5 Sec. 3.78b. On-site general construction or demolition 6 debris recycling center. "On-site general construction or 7 demolition debris recycling center" means a site or facility 8 used by any person accepting only general construction or 9 demolition debris that is generated by that person's own 10 activities at the site or facility or transported within or 11 between sites or facilities owned, controlled, or operated by 12 that person, so that recyclable materials will be separated 13 and removed for subsequent use in the secondary materials 14 market. 15 (415 ILCS 5/3.78c new) 16 Sec. 3.78c. Clean fill. "Clean fill" means broken 17 concrete without protruding metal bars, brick, rock, stone, 18 reclaimed asphalt pavement, and uncontaminated dirt or sand 19 generated from construction or demolition activities. 20 (415 ILCS 5/3.81) (from Ch. 111 1/2, par. 1003.81) 21 Sec. 3.81. "Recycling center" means a site or facility 22 that accepts only segregated, nonhazardous, nonspecial, 23 homogeneous, nonputrescible materials, such as dry paper, 24 glass, cans or plastics, for subsequent use in the secondary 25 materials market. "Recycling center" also means a commercial 26 or on-site general construction or demolition debris 27 recycling center as defined in this Act. 28 (Source: P.A. 87-650.) 29 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021) 30 Sec. 21. No person shall: HB1887 Engrossed -3- LRB9003896DPmg 1 (a) Cause or allow the open dumping of any waste. 2 (b) Abandon, dump, or deposit any waste upon the public 3 highways or other public property, except in a sanitary 4 landfill approved by the Agency pursuant to regulations 5 adopted by the Board. 6 (c) Abandon any vehicle in violation of the "Abandoned 7 Vehicles Amendment to the Illinois Vehicle Code", as enacted 8 by the 76th General Assembly. 9 (d) Conduct any waste-storage, waste-treatment, or 10 waste-disposal operation: 11 (1) without a permit granted by the Agency or in 12 violation of any conditions imposed by such permit, 13 including periodic reports and full access to adequate 14 records and the inspection of facilities, as may be 15 necessary to assure compliance with this Act and with 16 regulations and standards adopted thereunder; provided, 17 however, that, except for municipal solid waste landfill 18 units that receive waste on or after October 9, 1993, no 19 permit shall be required for (i) any person conducting a 20 waste-storage, waste-treatment, or waste-disposal 21 operation for wastes generated by such person's own 22 activities which are stored, treated, or disposed within 23 the site where such wastes are generated, or (ii) for a 24 corporation organized under the General Not For Profit 25 Corporation Act of 1986, as now or hereafter amended, or 26 a predecessor Act, constructing a land form in 27 conformance with local zoning provisions, within a 28 municipality having a population of more than 1,000,000 29 inhabitants, with clean fill construction or demolition30 debrisgenerated within the municipality, provided that 31 the corporation has contracts for economic development 32 planning with the municipality, ;or (iii) a commercial or 33 on-site general construction or demolition debris 34 recycling center operating under the 2-year pilot program HB1887 Engrossed -4- LRB9003896DPmg 1 set forth in Section 22.38 of this Act; 2 (2) in violation of any regulations or standards 3 adopted by the Board under this Act; or 4 (3) which receives waste after August 31, 1988, 5 does not have a permit issued by the Agency, and is (i) a 6 landfill used exclusively for the disposal of waste 7 generated at the site, (ii) a surface impoundment 8 receiving special waste not listed in an NPDES permit, 9 (iii) a waste pile in which the total volume of waste is 10 greater than 100 cubic yards or the waste is stored for 11 over one year, or (iv) a land treatment facility 12 receiving special waste generated at the site; without 13 giving notice of the operation to the Agency by January 14 1, 1989, or 30 days after the date on which the operation 15 commences, whichever is later, and every 3 years 16 thereafter. The form for such notification shall be 17 specified by the Agency, and shall be limited to 18 information regarding: the name and address of the 19 location of the operation; the type of operation; the 20 types and amounts of waste stored, treated or disposed of 21 on an annual basis; the remaining capacity of the 22 operation; and the remaining expected life of the 23 operation. 24 Paragraph (3) of this subsection (d) shall not apply to 25 any person engaged in agricultural activity who is disposing 26 of a substance that constitutes solid waste, if the substance 27 was acquired for use by that person on his own property, and 28 the substance is disposed of on his own property in 29 accordance with regulations or standards adopted by the 30 Board. 31 This subsection (d) shall not apply to hazardous waste. 32 (e) Dispose, treat, store or abandon any waste, or 33 transport any waste into this State for disposal, treatment, 34 storage or abandonment, except at a site or facility which HB1887 Engrossed -5- LRB9003896DPmg 1 meets the requirements of this Act and of regulations and 2 standards thereunder. 3 (f) Conduct any hazardous waste-storage, hazardous 4 waste-treatment or hazardous waste-disposal operation: 5 (1) without a RCRA permit for the site issued by 6 the Agency under subsection (d) of Section 39 of this 7 Act, or in violation of any condition imposed by such 8 permit, including periodic reports and full access to 9 adequate records and the inspection of facilities, as may 10 be necessary to assure compliance with this Act and with 11 regulations and standards adopted thereunder; or 12 (2) in violation of any regulations or standards 13 adopted by the Board under this Act; or 14 (3) in violation of any RCRA permit filing 15 requirement established under standards adopted by the 16 Board under this Act; or 17 (4) in violation of any order adopted by the Board 18 under this Act. 19 Notwithstanding the above, no RCRA permit shall be 20 required under this subsection or subsection (d) of Section 21 39 of this Act for any person engaged in agricultural 22 activity who is disposing of a substance which has been 23 identified as a hazardous waste, and which has been 24 designated by Board regulations as being subject to this 25 exception, if the substance was acquired for use by that 26 person on his own property and the substance is disposed of 27 on his own property in accordance with regulations or 28 standards adopted by the Board. 29 (g) Conduct any hazardous waste-transportation 30 operation: 31 (1) without a permit issued by the Agency or in 32 violation of any conditions imposed by such permit, 33 including periodic reports and full access to adequate 34 records and the inspection of facilities, as may be HB1887 Engrossed -6- LRB9003896DPmg 1 necessary to assure compliance with this Act and with 2 regulations or standards adopted thereunder; or 3 (2) in violation of any regulations or standards 4 adopted by the Board under this Act. 5 (h) Conduct any hazardous waste-recycling or hazardous 6 waste-reclamation or hazardous waste-reuse operation in 7 violation of any regulations, standards or permit 8 requirements adopted by the Board under this Act. 9 (i) Conduct any process or engage in any act which 10 produces hazardous waste in violation of any regulations or 11 standards adopted by the Board under subsections (a) and (c) 12 of Section 22.4 of this Act. 13 (j) Conduct any special waste transportation operation 14 in violation of any regulations, standards or permit 15 requirements adopted by the Board under this Act. However, 16 sludge from a water or sewage treatment plant owned and 17 operated by a unit of local government which (1) is subject 18 to a sludge management plan approved by the Agency or a 19 permit granted by the Agency, and (2) has been tested and 20 determined not to be a hazardous waste as required by 21 applicable State and federal laws and regulations, may be 22 transported in this State without a special waste hauling 23 permit, and the preparation and carrying of a manifest shall 24 not be required for such sludge under the rules of the 25 Pollution Control Board. The unit of local government which 26 operates the treatment plant producing such sludge shall file 27 a semiannual report with the Agency identifying the volume of 28 such sludge transported during the reporting period, the 29 hauler of the sludge, and the disposal sites to which it was 30 transported. This subsection (j) shall not apply to hazardous 31 waste. 32 (k) Fail or refuse to pay any fee imposed under this 33 Act. 34 (l) Locate a hazardous waste disposal site above an HB1887 Engrossed -7- LRB9003896DPmg 1 active or inactive shaft or tunneled mine or within 2 miles 2 of an active fault in the earth's crust. In counties of 3 population less than 225,000 no hazardous waste disposal site 4 shall be located (1) within 1 1/2 miles of the corporate 5 limits as defined on June 30, 1978, of any municipality 6 without the approval of the governing body of the 7 municipality in an official action; or (2) within 1000 feet 8 of an existing private well or the existing source of a 9 public water supply measured from the boundary of the actual 10 active permitted site and excluding existing private wells on 11 the property of the permit applicant. The provisions of this 12 subsection do not apply to publicly-owned sewage works or the 13 disposal or utilization of sludge from publicly-owned sewage 14 works. 15 (m) Transfer interest in any land which has been used as 16 a hazardous waste disposal site without written notification 17 to the Agency of the transfer and to the transferee of the 18 conditions imposed by the Agency upon its use under 19 subsection (g) of Section 39. 20 (n) Use any land which has been used as a hazardous 21 waste disposal site except in compliance with conditions 22 imposed by the Agency under subsection (g) of Section 39. 23 (o) Conduct a sanitary landfill operation which is 24 required to have a permit under subsection (d) of this 25 Section, in a manner which results in any of the following 26 conditions: 27 (1) refuse in standing or flowing waters; 28 (2) leachate flows entering waters of the State; 29 (3) leachate flows exiting the landfill confines 30 (as determined by the boundaries established for the 31 landfill by a permit issued by the Agency); 32 (4) open burning of refuse in violation of Section 33 9 of this Act; 34 (5) uncovered refuse remaining from any previous HB1887 Engrossed -8- LRB9003896DPmg 1 operating day or at the conclusion of any operating day, 2 unless authorized by permit; 3 (6) failure to provide final cover within time 4 limits established by Board regulations; 5 (7) acceptance of wastes without necessary permits; 6 (8) scavenging as defined by Board regulations; 7 (9) deposition of refuse in any unpermitted portion 8 of the landfill; 9 (10) acceptance of a special waste without a 10 required manifest; 11 (11) failure to submit reports required by permits 12 or Board regulations; 13 (12) failure to collect and contain litter from the 14 site by the end of each operating day; 15 (13) failure to submit any cost estimate for the 16 site or any performance bond or other security for the 17 site as required by this Act or Board rules. 18 The prohibitions specified in this subsection (o) shall 19 be enforceable by the Agency either by administrative 20 citation under Section 31.1 of this Act or as otherwise 21 provided by this Act. The specific prohibitions in this 22 subsection do not limit the power of the Board to establish 23 regulations or standards applicable to sanitary landfills. 24 (p) In violation of subdivision (a) of this Section, 25 cause or allow the open dumping of any waste in a manner 26 which results in any of the following occurrences at the dump 27 site: 28 (1) litter; 29 (2) scavenging; 30 (3) open burning; 31 (4) deposition of waste in standing or flowing 32 waters; 33 (5) proliferation of disease vectors; 34 (6) standing or flowing liquid discharge from the HB1887 Engrossed -9- LRB9003896DPmg 1 dump site. 2 The prohibitions specified in this subsection (p) shall 3 be enforceable by the Agency either by administrative 4 citation under Section 31.1 of this Act or as otherwise 5 provided by this Act. The specific prohibitions in this 6 subsection do not limit the power of the Board to establish 7 regulations or standards applicable to open dumping. 8 (q) Conduct a landscape waste composting operation 9 without an Agency permit, provided, however, that no permit 10 shall be required for any person: 11 (1) conducting a landscape waste composting 12 operation for landscape wastes generated by such person's 13 own activities which are stored, treated or disposed of 14 within the site where such wastes are generated; or 15 (2) applying landscape waste or composted landscape 16 waste at agronomic rates; or 17 (3) operating a landscape waste composting facility 18 on a farm, if the facility meets all of the following 19 criteria: 20 (A) the composting facility is operated by the 21 farmer on property on which the composting material 22 is utilized, and the composting facility constitutes 23 no more than 2% of the property's total acreage, 24 except that the Agency may allow a higher percentage 25 for individual sites where the owner or operator has 26 demonstrated to the Agency that the site's soil 27 characteristics or crop needs require a higher rate; 28 (B) the property on which the composting 29 facility is located, and any associated property on 30 which the compost is used, is principally and 31 diligently devoted to the production of agricultural 32 crops and is not owned, leased or otherwise 33 controlled by any waste hauler or generator of 34 nonagricultural compost materials, and the operator HB1887 Engrossed -10- LRB9003896DPmg 1 of the composting facility is not an employee, 2 partner, shareholder, or in any way connected with 3 or controlled by any such waste hauler or generator; 4 (C) all compost generated by the composting 5 facility is applied at agronomic rates and used as 6 mulch, fertilizer or soil conditioner on land 7 actually farmed by the person operating the 8 composting facility, and the finished compost is not 9 stored at the composting site for a period longer 10 than 18 months prior to its application as mulch, 11 fertilizer, or soil conditioner; 12 (D) the owner or operator, by January 1, 1990 13 (or the January 1 following commencement of 14 operation, whichever is later) and January 1 of each 15 year thereafter, (i) registers the site with the 16 Agency, (ii) reports to the Agency on the volume of 17 composting material received and used at the site, 18 (iii) certifies to the Agency that the site complies 19 with the requirements set forth in subparagraphs 20 (A), (B) and (C) of this paragraph (q)(3), and (iv) 21 certifies to the Agency that all composting material 22 was placed more than 200 feet from the nearest 23 potable water supply well, was placed outside the 24 boundary of the 10-year floodplain or on a part of 25 the site that is floodproofed, was placed at least 26 1/4 mile from the nearest residence (other than a 27 residence located on the same property as the 28 facility) and there are not more than 10 occupied 29 non-farm residences within 1/2 mile of the 30 boundaries of the site on the date of application, 31 and was placed more than 5 feet above the water 32 table. 33 For the purposes of this subsection (q), "agronomic 34 rates" means the application of not more than 20 tons per HB1887 Engrossed -11- LRB9003896DPmg 1 acre per year, except that the Agency may allow a higher rate 2 for individual sites where the owner or operator has 3 demonstrated to the Agency that the site's soil 4 characteristics or crop needs require a higher rate. 5 (r) Cause or allow the storage or disposal of coal 6 combustion waste unless: 7 (1) such waste is stored or disposed of at a site 8 or facility for which a permit has been obtained or is 9 not otherwise required under subsection (d) of this 10 Section; or 11 (2) such waste is stored or disposed of as a part 12 of the design and reclamation of a site or facility which 13 is an abandoned mine site in accordance with the 14 Abandoned Mined Lands and Water Reclamation Act; or 15 (3) such waste is stored or disposed of at a site 16 or facility which is operating under NPDES and Subtitle D 17 permits issued by the Agency pursuant to regulations 18 adopted by the Board for mine-related water pollution and 19 permits issued pursuant to the Federal Surface Mining 20 Control and Reclamation Act of 1977 (P.L. 95-87) or the 21 rules and regulations thereunder or any law or rule or 22 regulation adopted by the State of Illinois pursuant 23 thereto, and the owner or operator of the facility agrees 24 to accept the waste; and either 25 (i) such waste is stored or disposed of in 26 accordance with requirements applicable to refuse 27 disposal under regulations adopted by the Board for 28 mine-related water pollution and pursuant to NPDES 29 and Subtitle D permits issued by the Agency under 30 such regulations; or 31 (ii) the owner or operator of the facility 32 demonstrates all of the following to the Agency, and 33 the facility is operated in accordance with the 34 demonstration as approved by the Agency: (1) the HB1887 Engrossed -12- LRB9003896DPmg 1 disposal area will be covered in a manner that will 2 support continuous vegetation, (2) the facility will 3 be adequately protected from wind and water erosion, 4 (3) the pH will be maintained so as to prevent 5 excessive leaching of metal ions, and (4) adequate 6 containment or other measures will be provided to 7 protect surface water and groundwater from 8 contamination at levels prohibited by this Act, the 9 Illinois Groundwater Protection Act, or regulations 10 adopted pursuant thereto. 11 Notwithstanding any other provision of this Title, the 12 disposal of coal combustion waste pursuant to item (2) or (3) 13 of this subdivision (r) shall be exempt from the other 14 provisions of this Title V, and notwithstanding the 15 provisions of Title X of this Act, the Agency is authorized 16 to grant experimental permits which include provision for the 17 disposal of wastes from the combustion of coal and other 18 materials pursuant to items (2) and (3) of this subdivision 19 (r). 20 (s) After April 1, 1989, offer for transportation, 21 transport, deliver, receive or accept special waste for which 22 a manifest is required, unless the manifest indicates that 23 the fee required under Section 22.8 of this Act has been 24 paid. 25 (t) Cause or allow a lateral expansion of a municipal 26 solid waste landfill unit on or after October 9, 1993, 27 without a permit modification, granted by the Agency, that 28 authorizes the lateral expansion. 29 (u) Conduct any vegetable by-product treatment, storage, 30 disposal or transportation operation in violation of any 31 regulation, standards or permit requirements adopted by the 32 Board under this Act. However, no permit shall be required 33 under this Title V for the land application of vegetable 34 by-products conducted pursuant to Agency permit issued under HB1887 Engrossed -13- LRB9003896DPmg 1 Title III of this Act to the generator of the vegetable 2 by-products. In addition, vegetable by-products may be 3 transported in this State without a special waste hauling 4 permit, and without the preparation and carrying of a 5 manifest. 6 (Source: P.A. 88-454; 88-496; 88-670, eff. 12-2-94; 89-93, 7 eff. 7-6-95; 89-535, eff. 7-19-96.) 8 (415 ILCS 5/22.38 new) 9 Sec. 22.38. Pilot program for recycling centers that 10 accept only general construction or demolition debris. 11 (a) Beginning on the effective date of this amendatory 12 Act of 1997, recycling centers that accept only general 13 construction or demolition debris may operate during a 2-year 14 pilot program in a county with a population of more than 15 700,000 but less than 1,000,000. An operator of a recycling 16 center accepting only general construction or demolition 17 debris shall report, at a minimum, the number and location of 18 the commercial or on-site general construction or demolition 19 debris recycling center, tonnage accepted, tonnage recycled, 20 and location of viable endmarkets for specific materials, to 21 the Department of Commerce and Community Affairs on a 22 quarterly basis for the duration of the pilot program. The 23 Department shall (i) develop criteria to evaluate the 24 progress of the pilot program and (ii) submit a report of its 25 conclusions and recommendations regarding the program to the 26 Governor and the General Assembly within 60 days prior to the 27 termination of the program. 28 (b) Recycling centers that accept only general 29 construction or demolition debris may only be established in 30 areas subject to local zoning and must be operated in 31 accordance with applicable zoning laws. 32 (c) An owner or operator of a recycling center that 33 accepts only general construction or demolition debris shall: HB1887 Engrossed -14- LRB9003896DPmg 1 (1) Sort general construction or demolition debris 2 to separate recyclable materials from wastes within 24 3 hours of receipt of the debris at the recycling center. 4 (2) Transport off site all nonrecyclable materials 5 and materials other than general construction or 6 demolition debris within 24 hours of their receipt at the 7 recycling center. 8 (3) Limit the percentage of incoming nonrecyclable 9 materials to 10% or less of each incoming load for 10 commercial construction or demolition debris recycling 11 centers and 30% or less of each incoming load for on-site 12 general construction or demolition debris recycling 13 centers. 14 (4) Transport all recyclable materials from the 15 recycling center for recycling or disposal within 45 days 16 of their receipt at the recycling center. 17 (5) Employ tagging and bookkeeping procedures to 18 demonstrate compliance with the timing requirements of 19 items (1), (2), and (4) of this subsection. 20 (6) Control dust and litter at the recycling 21 center. 22 (7) Implement measures to control disease vectors 23 at the recycling center. 24 (8) Control and manage, in accordance with federal, 25 State, and local laws and regulations, any leachate that 26 is generated at the recycling center. 27 (9) Control access to the recycling center and post 28 a sign at the main entrance that states: the nature of 29 the recycling center's operations; any applicable penalty 30 for unauthorized trespass or dumping; and the name, 31 address, and telephone number of the person operating the 32 recycling center. 33 (10) At on-site general construction and demolition 34 debris recycling centers, post signs on each construction HB1887 Engrossed -15- LRB9003896DPmg 1 and demolition debris container that list the type of 2 general construction and demolition debris that may be 3 placed in the container and state the applicable 4 penalties for dumping unlisted material into the 5 container. 6 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2) 7 Sec. 39.2. Local siting approval. 8 (a) The county board of the county or the governing body 9 of the municipality, as determined by paragraph (c) of 10 Section 39 of this Act, shall approve or disapprove the 11 request for local siting approval for each pollution control 12 facility which is subject to such review. An applicant for 13 local siting approval shall submit sufficient details 14 describing the proposed facility to demonstrate compliance, 15 and local siting approval shall be granted only if the 16 proposed facility meets the following criteria: 17 (i) the facility is necessary to accommodate the 18 waste needs of the area it is intended to serve; 19 (ii) the facility is so designed, located and 20 proposed to be operated that the public health, safety 21 and welfare will be protected; 22 (iii) the facility is located so as to minimize 23 incompatibility with the character of the surrounding 24 area and to minimize the effect on the value of the 25 surrounding property; 26 (iv) the facility is located outside the boundary 27 of the 100 year flood plain or the site is flood-proofed; 28 (v) the plan of operations for the facility is 29 designed to minimize the danger to the surrounding area 30 from fire, spills, or other operational accidents; 31 (vi) the traffic patterns to or from the facility 32 are so designed as to minimize the impact on existing 33 traffic flows; HB1887 Engrossed -16- LRB9003896DPmg 1 (vii) if the facility will be treating, storing or 2 disposing of hazardous waste, an emergency response plan 3 exists for the facility which includes notification, 4 containment and evacuation procedures to be used in case 5 of an accidental release; 6 (viii) if the facility is to be located in a county 7 where the county board has adopted a solid waste 8 management plan consistent with the planning requirements 9 of the Local Solid Waste Disposal Act or the Solid Waste 10 Planning and Recycling Act, the facility is consistent 11 with that plan; and 12 (ix) if the facility will be located within a 13 regulated recharge area, any applicable requirements 14 specified by the Board for such areas have been met. 15 The county board or the governing body of the 16 municipality may also consider as evidence the previous 17 operating experience and past record of convictions or 18 admissions of violations of the applicant (and any subsidiary 19 or parent corporation) in the field of solid waste management 20 when considering criteria (ii) and (v) under this Section. 21 (b) No later than 14 days prior to a request for 22 location approval the applicant shall cause written notice of 23 such request to be served either in person or by registered 24 mail, return receipt requested, on the owners of all property 25 within the subject area not solely owned by the applicant, 26 and on the owners of all property within 250 feet in each 27 direction of the lot line of the subject property, said 28 owners being such persons or entities which appear from the 29 authentic tax records of the County in which such facility is 30 to be located; provided, that the number of all feet occupied 31 by all public roads, streets, alleys and other public ways 32 shall be excluded in computing the 250 feet requirement; 33 provided further, that in no event shall this requirement 34 exceed 400 feet, including public streets, alleys and other HB1887 Engrossed -17- LRB9003896DPmg 1 public ways. 2 Such written notice shall also be served upon members of 3 the General Assembly from the legislative district in which 4 the proposed facility is located and shall be published in a 5 newspaper of general circulation published in the county in 6 which the site is located. 7 Such notice shall state the name and address of the 8 applicant, the location of the proposed site, the nature and 9 size of the development, the nature of the activity proposed, 10 the probable life of the proposed activity, the date when the 11 request for site approval will be submitted, and a 12 description of the right of persons to comment on such 13 request as hereafter provided. 14 (c) An applicant shall file a copy of its request with 15 the county board of the county or the governing body of the 16 municipality in which the proposed site is located. The 17 request shall include (i) the substance of the applicant's 18 proposal and (ii) all documents, if any, submitted as of that 19 date to the Agency pertaining to the proposed facility, 20 except trade secrets as determined under Section 7.1 of this 21 Act. All such documents or other materials on file with the 22 county board or governing body of the municipality shall be 23 made available for public inspection at the office of the 24 county board or the governing body of the municipality and 25 may be copied upon payment of the actual cost of 26 reproduction. 27 Any person may file written comment with the county board 28 or governing body of the municipality concerning the 29 appropriateness of the proposed site for its intended 30 purpose. The county board or governing body of the 31 municipality shall consider any comment received or 32 postmarked not later than 30 days after the date of the last 33 public hearing. 34 (d) At least one public hearing is to be held by the HB1887 Engrossed -18- LRB9003896DPmg 1 county board or governing body of the municipality no sooner 2 than 90 days but no later than 120 days from receipt of the 3 request for site approval, such hearing to be preceded by 4 published notice in a newspaper of general circulation 5 published in the county of the proposed site, and notice by 6 certified mail to all members of the General Assembly from 7 the district in which the proposed site is located, to the 8 governing authority of every municipality contiguous to the 9 proposed site or contiguous to the municipality in which the 10 proposed site is to be located, and to the Agency. The public 11 hearing shall develop a record sufficient to form the basis 12 of appeal of the decision in accordance with Section 40.1 of 13 this Act. The fact that a member of the county board or 14 governing body of the municipality has publicly expressed an 15 opinion on an issue related to a site review proceeding shall 16 not preclude the member from taking part in the proceeding 17 and voting on the issue. 18 (e) Decisions of the county board or governing body of 19 the municipality are to be in writing, specifying the reasons 20 for the decision, such reasons to be in conformance with 21 subsection (a) of this Section. In granting approval for a 22 site the county board or governing body of the municipality 23 may impose such conditions as may be reasonable and necessary 24 to accomplish the purposes of this Section and as are not 25 inconsistent with regulations promulgated by the Board. Such 26 decision shall be available for public inspection at the 27 office of the county board or governing body of the 28 municipality and may be copied upon payment of the actual 29 cost of reproduction. If there is no final action by the 30 county board or governing body of the municipality within 180 31 days after the filing of the request for site approval the 32 applicant may deem the request approved. 33 At any time prior to completion by the applicant of the 34 presentation of the applicant's factual evidence and an HB1887 Engrossed -19- LRB9003896DPmg 1 opportunity for cross-questioning by the county board or 2 governing body of the municipality and any participants, the 3 applicant may file not more than one amended application upon 4 payment of additional fees pursuant to subsection (k); in 5 which case the time limitation for final action set forth in 6 this subsection (e) shall be extended for an additional 7 period of 90 days. 8 (f) A local siting approval granted under this Section 9 shall expire at the end of 2 calendar years from the date 10 upon which it was granted, unless the local siting approval 11 granted under this Section is for a sanitary landfill 12 operation, in which case the approval shall expire at the end 13 of 3 calendar years from the date upon which it was granted, 14 and unless within that period the applicant has made 15 application to the Agency for a permit to develop the site. 16 In the event that the local siting decision has been 17 appealed, such expiration period shall be deemed to begin on 18 the date upon which the appeal process is concluded. 19 Except as otherwise provided in this subsection, upon the 20 expiration of a development permit under subsection (k) of 21 Section 39, any associated local siting approval granted for 22 the facility under this Section shall also expire. 23 If a first development permit for a municipal waste 24 incineration facility expires under subsection (k) of Section 25 39 after September 30, 1989 due to circumstances beyond the 26 control of the applicant, any associated local siting 27 approval granted for the facility under this Section may be 28 used to fulfill the local siting approval requirement upon 29 application for a second development permit for the same 30 site, provided that the proposal in the new application is 31 materially the same, with respect to the criteria in 32 subsection (a) of this Section, as the proposal that received 33 the original siting approval, and application for the second 34 development permit is made before January 1, 1990. HB1887 Engrossed -20- LRB9003896DPmg 1 (g) The siting approval procedures, criteria and appeal 2 procedures provided for in this Act for new pollution control 3 facilities shall be the exclusive siting procedures and rules 4 and appeal procedures for facilities subject to such 5 procedures. Local zoning or other local land use requirements 6 shall not be applicable to such siting decisions. 7 (h) Nothing in this Section shall apply to any existing 8 or new pollution control facility located within the 9 corporate limits of a municipality with a population of over 10 1,000,000. 11 (i) The Department shall make a study of technical 12 considerations relating to the siting of new pollution 13 control facilities. Such study shall include, but need not be 14 limited to, a determination of the geologic and hydrologic 15 conditions in the State most suitable for the siting of such 16 facilities, the establishment of a data base on such 17 conditions in Illinois, and recommendations for the 18 establishment of technical guidelines and criteria to be used 19 in making such siting decisions. The Department shall report 20 such study and recommendations to the General Assembly, the 21 Governor, the Board and the public no later than October 1, 22 1984. 23 The Board shall adopt regulations establishing the 24 geologic and hydrologic siting criteria necessary to protect 25 usable groundwater resources which are to be followed by the 26 Agency in its review of permit applications for new pollution 27 control facilities. Such regulations, insofar as they apply 28 to new pollution control facilities authorized to store, 29 treat or dispose of any hazardous waste, shall be at least as 30 stringent as the requirements of the Resource Conservation 31 and Recovery Act and any State or federal regulations adopted 32 pursuant thereto. 33 (j) Any new pollution control facility which has never 34 obtained local siting approval under the provisions of this HB1887 Engrossed -21- LRB9003896DPmg 1 Section shall be required to obtain such approval after a 2 final decision on an appeal of a permit denial. 3 (k) A county board or governing body of a municipality 4 may charge applicants for siting review under this Section a 5 reasonable fee to cover the reasonable and necessary costs 6 incurred by such county or municipality in the siting review 7 process. 8 (l) The governing Authority as determined by subsection 9 (c) of Section 39 of this Act may request the Department of 10 Transportation to perform traffic impact studies of proposed 11 or potential locations for required pollution control 12 facilities. 13 (m) An applicant may not file a request for local siting 14 approval which is substantially the same as a request which 15 was disapproved pursuant to a finding against the applicant 16 under any of criteria (i) through (ix) of subsection (a) of 17 this Section within the preceding 2 years. 18 (n) In any review proceeding of a decision of the county 19 board or governing body of a municipality made pursuant to 20 the local siting review process, the petitioner in the review 21 proceeding shall pay to the county or municipality the cost 22 of preparing and certifying the record of proceedings. 23 Should the petitioner in the review proceeding fail to make 24 payment, the provisions of Section 3-109 of the Code of Civil 25 Procedure shall apply. 26 In the event the petitioner is a citizens' group that 27 participated in the siting proceeding and is so located as to 28 be affected by the proposed facility, such petitioner shall 29 be exempt from paying the costs of preparing and certifying 30 the record. 31 (o) Notwithstanding any other provision of this Section 32 or Section 39 of this Act, a transfer station used 33 exclusively for landscape waste, where landscape waste is 34 held no longer than 24 hours from the time it was received, HB1887 Engrossed -22- LRB9003896DPmg 1 is not subject to the requirements of local siting approval 2 under this Section, but is subject only to local zoning 3 approval. 4 (p) Notwithstanding any other provision of this Section 5 or Section 39 of this Act, a recycling center that accepts 6 only general construction or demolition debris under the 7 2-year pilot program set forth in Section 22.38 of this Act 8 is not subject to the requirements of local siting approval 9 under this Section, but is subject only to local zoning 10 approval. 11 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94; 12 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff. 13 8-9-96.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.
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