State of Illinois
91st General Assembly
Legislation

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[ House Amendment 001 ]

91_SB0496sam001

 










                                           LRB9102489LDmbam01

 1                    AMENDMENT TO SENATE BILL 496

 2        AMENDMENT NO.     .  Amend Senate Bill  496  on  page  1,
 3    line  2,  by  replacing  "22.19a  and  22.19b"  with "22.19a,
 4    22.19b, and 39.2"; and

 5    on page 1, line 6, by  replacing  "22.19a  and  22.19b"  with
 6    "22.19a, 22.19b, and 39.2"; and

 7    on  page 3, by inserting the following immediately after line
 8    12:

 9        "(415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
10        Sec. 39.2. Local siting review.
11        (a)  The county board of the county or the governing body
12    of the  municipality,  as  determined  by  paragraph  (c)  of
13    Section  39  of  this  Act,  shall  approve or disapprove the
14    request for local siting approval for each pollution  control
15    facility  which  is subject to such review.  An applicant for
16    local  siting  approval  shall  submit   sufficient   details
17    describing  the  proposed facility to demonstrate compliance,
18    and local siting  approval  shall  be  granted  only  if  the
19    proposed facility meets the following criteria:
20             (i)  the  facility  is  necessary to accommodate the
21        waste needs of the area it is intended to serve;
22             (ii)  the  facility  is  so  designed,  located  and
 
                            -2-            LRB9102489LDmbam01
 1        proposed to be operated that the  public  health,  safety
 2        and welfare will be protected;
 3             (iii)  the  facility  is  located  so as to minimize
 4        incompatibility with the  character  of  the  surrounding
 5        area  and  to  minimize  the  effect  on the value of the
 6        surrounding property;
 7             (iv) (A)  for  a  facility  other  than  a  sanitary
 8        landfill or waste disposal site, the facility is  located
 9        outside  the  boundary of the 100 year flood plain or the
10        site is flood-proofed; (B)  for  a  facility  that  is  a
11        sanitary landfill or waste disposal site, the facility is
12        located  outside the boundary of the 100-year floodplain,
13        or if the facility is a facility described in  subsection
14        (b)(3)  subsection  (b)  of  Section  22.19a, the site is
15        flood-proofed;
16             (v)  the plan of  operations  for  the  facility  is
17        designed  to  minimize the danger to the surrounding area
18        from fire, spills, or other operational accidents;
19             (vi)  the traffic patterns to or from  the  facility
20        are  so  designed  as  to minimize the impact on existing
21        traffic flows;
22             (vii)  if the facility will be treating, storing  or
23        disposing  of hazardous waste, an emergency response plan
24        exists for  the  facility  which  includes  notification,
25        containment  and evacuation procedures to be used in case
26        of an accidental release;
27             (viii)  if the facility is to be located in a county
28        where  the  county  board  has  adopted  a  solid   waste
29        management plan consistent with the planning requirements
30        of  the Local Solid Waste Disposal Act or the Solid Waste
31        Planning and Recycling Act, the  facility  is  consistent
32        with that plan; and
33             (ix)  if  the  facility  will  be  located  within a
34        regulated  recharge  area,  any  applicable  requirements
 
                            -3-            LRB9102489LDmbam01
 1        specified by the Board for such areas have been met.
 2        The  county  board  or  the   governing   body   of   the
 3    municipality  may  also  consider  as  evidence  the previous
 4    operating  experience  and  past  record  of  convictions  or
 5    admissions of violations of the applicant (and any subsidiary
 6    or parent corporation) in the field of solid waste management
 7    when considering criteria (ii) and (v) under this Section.
 8        (b)  No later  than  14  days  prior  to  a  request  for
 9    location approval the applicant shall cause written notice of
10    such  request  to be served either in person or by registered
11    mail, return receipt requested, on the owners of all property
12    within the subject area not solely owned  by  the  applicant,
13    and  on  the  owners  of all property within 250 feet in each
14    direction of the lot  line  of  the  subject  property,  said
15    owners  being  such persons or entities which appear from the
16    authentic tax records of the County in which such facility is
17    to be located; provided, that the number of all feet occupied
18    by all public roads, streets, alleys and  other  public  ways
19    shall  be  excluded  in  computing  the 250 feet requirement;
20    provided further, that in no  event  shall  this  requirement
21    exceed  400  feet, including public streets, alleys and other
22    public ways.
23        Such written notice shall also be served upon members  of
24    the  General  Assembly from the legislative district in which
25    the proposed facility is located and shall be published in  a
26    newspaper  of  general circulation published in the county in
27    which the site is located.
28        Such notice shall state  the  name  and  address  of  the
29    applicant,  the location of the proposed site, the nature and
30    size of the development, the nature of the activity proposed,
31    the probable life of the proposed activity, the date when the
32    request  for  site  approval  will  be   submitted,   and   a
33    description  of  the  right  of  persons  to  comment on such
34    request as hereafter provided.
 
                            -4-            LRB9102489LDmbam01
 1        (c)  An applicant shall file a copy of its  request  with
 2    the  county  board of the county or the governing body of the
 3    municipality in which the  proposed  site  is  located.   The
 4    request  shall  include  (i) the substance of the applicant's
 5    proposal and (ii) all documents, if any, submitted as of that
 6    date to the  Agency  pertaining  to  the  proposed  facility,
 7    except  trade secrets as determined under Section 7.1 of this
 8    Act.  All such documents or other materials on file with  the
 9    county  board  or governing body of the municipality shall be
10    made available for public inspection at  the  office  of  the
11    county  board  or  the governing body of the municipality and
12    may  be  copied  upon  payment  of   the   actual   cost   of
13    reproduction.
14        Any person may file written comment with the county board
15    or   governing   body  of  the  municipality  concerning  the
16    appropriateness  of  the  proposed  site  for  its   intended
17    purpose.    The   county  board  or  governing  body  of  the
18    municipality  shall  consider   any   comment   received   or
19    postmarked  not later than 30 days after the date of the last
20    public hearing.
21        (d)  At least one public hearing is to  be  held  by  the
22    county  board or governing body of the municipality no sooner
23    than 90 days but no later than 120 days from receipt  of  the
24    request  for  site  approval.  No later than 14 days prior to
25    such hearing notice shall be  published  in  a  newspaper  of
26    general  circulation  published in the county of the proposed
27    site, and  delivered by certified mail to all members of  the
28    General Assembly from the district in which the proposed site
29    is  located, to the governing authority of every municipality
30    contiguous  to  the  proposed  site  or  contiguous  to   the
31    municipality  in which the proposed site is to be located, to
32    the county board of the county where the proposed site is  to
33    be  located,  if  the  proposed  site  is  located within the
34    boundaries of a municipality, and to the Agency.  Members  or
 
                            -5-            LRB9102489LDmbam01
 1    representatives  of the governing authority of a municipality
 2    contiguous  to  the  proposed  site  or  contiguous  to   the
 3    municipality  in  which  the  proposed  site is to be located
 4    and, if the proposed  site  is  located  in  a  municipality,
 5    members or representatives of the county board of a county in
 6    which  the  proposed  site is to be located may appear at and
 7    participate in public hearings held pursuant to this Section.
 8    The public hearing shall develop a record sufficient to  form
 9    the  basis  of  appeal  of  the  decision  in accordance with
10    Section 40.1 of this Act.  The fact  that  a  member  of  the
11    county  board  or  governing  body  of  the  municipality has
12    publicly expressed an opinion on an issue related to  a  site
13    review  proceeding  shall not preclude the member from taking
14    part in the proceeding and voting on the issue.
15        (e)  Decisions of the county board or governing  body  of
16    the municipality are to be in writing, specifying the reasons
17    for  the  decision,  such  reasons  to be in conformance with
18    subsection (a) of this Section.  In granting approval  for  a
19    site  the  county board or governing body of the municipality
20    may impose such conditions as may be reasonable and necessary
21    to accomplish the purposes of this Section  and  as  are  not
22    inconsistent with regulations promulgated by the Board.  Such
23    decision  shall  be  available  for  public inspection at the
24    office  of  the  county  board  or  governing  body  of   the
25    municipality  and  may  be  copied upon payment of the actual
26    cost of reproduction. If there is  no  final  action  by  the
27    county board or governing body of the municipality within 180
28    days  after  the  filing of the request for site approval the
29    applicant may deem the request approved.
30        At any time prior to completion by the applicant  of  the
31    presentation  of  the  applicant's  factual  evidence  and an
32    opportunity for cross-questioning  by  the  county  board  or
33    governing  body of the municipality and any participants, the
34    applicant may file not more than one amended application upon
 
                            -6-            LRB9102489LDmbam01
 1    payment of additional fees pursuant  to  subsection  (k);  in
 2    which  case the time limitation for final action set forth in
 3    this subsection (e)  shall  be  extended  for  an  additional
 4    period of 90 days.
 5        If,  prior  to  making  a  final local siting decision, a
 6    county  board  or  governing  body  of  a  municipality   has
 7    negotiated  and  entered into a host agreement with the local
 8    siting applicant,  the  terms  and  conditions  of  the  host
 9    agreement,  whether  written  or oral, shall be disclosed and
10    made a part of the  hearing  record  for  that  local  siting
11    proceeding.  In the case of an oral agreement, the disclosure
12    shall  be  made  in  the  form  of  a written summary jointly
13    prepared and submitted by the county board or governing  body
14    of  the  municipality  and  the  siting  applicant  and shall
15    describe the terms and conditions of the oral agreement.
16        (e-5)  Siting approval obtained pursuant to this  Section
17    is  transferable and may be transferred to a subsequent owner
18    or operator. In the  event  that  siting  approval  has  been
19    transferred   to   a   subsequent  owner  or  operator,  that
20    subsequent owner or operator assumes and takes subject to any
21    and all conditions imposed upon the prior owner  or  operator
22    by  the  county  board of the county or governing body of the
23    municipality pursuant to subsection (e).  However,  any  such
24    conditions  imposed  pursuant to this Section may be modified
25    by agreement between the subsequent owner or operator and the
26    appropriate county board or governing body. Further,  in  the
27    event  that siting approval obtained pursuant to this Section
28    has been transferred to a subsequent owner or operator,  that
29    subsequent   owner   or   operator  assumes  all  rights  and
30    obligations and takes the facility subject  to  any  and  all
31    terms  and  conditions of any existing host agreement between
32    the prior owner or operator and the appropriate county  board
33    or governing body.
34        (f)  A  local  siting approval granted under this Section
 
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 1    shall expire at the end of 2 calendar  years  from  the  date
 2    upon  which  it was granted, unless the local siting approval
 3    granted  under  this  Section  is  for  a  sanitary  landfill
 4    operation, in which case the approval shall expire at the end
 5    of 3 calendar years from the date upon which it was  granted,
 6    and   unless  within  that  period  the  applicant  has  made
 7    application to the Agency for a permit to develop  the  site.
 8    In  the  event  that  the  local  siting  decision  has  been
 9    appealed,  such expiration period shall be deemed to begin on
10    the date upon which the appeal process is concluded.
11        Except as otherwise provided in this subsection, upon the
12    expiration of a development permit under  subsection  (k)  of
13    Section  39, any associated local siting approval granted for
14    the facility under this Section shall also expire.
15        If a first  development  permit  for  a  municipal  waste
16    incineration facility expires under subsection (k) of Section
17    39  after  September 30, 1989 due to circumstances beyond the
18    control  of  the  applicant,  any  associated  local   siting
19    approval  granted  for the facility under this Section may be
20    used to fulfill the local siting  approval  requirement  upon
21    application  for  a  second  development  permit for the same
22    site, provided that the proposal in the  new  application  is
23    materially   the  same,  with  respect  to  the  criteria  in
24    subsection (a) of this Section, as the proposal that received
25    the original siting approval, and application for the  second
26    development permit is made before January 1, 1990.
27        (g)  The  siting approval procedures, criteria and appeal
28    procedures provided for in this Act for new pollution control
29    facilities shall be the exclusive siting procedures and rules
30    and  appeal  procedures  for  facilities  subject   to   such
31    procedures. Local zoning or other local land use requirements
32    shall not be applicable to such siting decisions.
33        (h)  Nothing  in this Section shall apply to any existing
34    or  new  pollution  control  facility  located   within   the
 
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 1    corporate  limits of a municipality with a population of over
 2    1,000,000.
 3        (i)  The Department  shall  make  a  study  of  technical
 4    considerations  relating  to  the  siting  of  new  pollution
 5    control facilities. Such study shall include, but need not be
 6    limited  to,  a  determination of the geologic and hydrologic
 7    conditions in the State most suitable for the siting of  such
 8    facilities,   the  establishment  of  a  data  base  on  such
 9    conditions  in  Illinois,   and   recommendations   for   the
10    establishment of technical guidelines and criteria to be used
11    in  making such siting decisions. The Department shall report
12    such study and recommendations to the General  Assembly,  the
13    Governor,  the  Board and the public no later than October 1,
14    1984.
15        The  Board  shall  adopt  regulations  establishing   the
16    geologic  and hydrologic siting criteria necessary to protect
17    usable groundwater resources which are to be followed by  the
18    Agency in its review of permit applications for new pollution
19    control  facilities.  Such regulations, insofar as they apply
20    to new pollution  control  facilities  authorized  to  store,
21    treat or dispose of any hazardous waste, shall be at least as
22    stringent  as  the  requirements of the Resource Conservation
23    and Recovery Act and any State or federal regulations adopted
24    pursuant thereto.
25        (j)  Any new pollution control facility which  has  never
26    obtained  local  siting approval under the provisions of this
27    Section shall be required to obtain  such  approval  after  a
28    final decision on an appeal of a permit denial.
29        (k)  A  county  board or governing body of a municipality
30    may charge applicants for siting review under this Section  a
31    reasonable  fee  to  cover the reasonable and necessary costs
32    incurred by such county or municipality in the siting  review
33    process.
34        (l)  The  governing Authority as determined by subsection
 
                            -9-            LRB9102489LDmbam01
 1    (c) of Section 39 of this Act may request the  Department  of
 2    Transportation  to perform traffic impact studies of proposed
 3    or  potential  locations  for  required   pollution   control
 4    facilities.
 5        (m)  An applicant may not file a request for local siting
 6    approval  which  is substantially the same as a request which
 7    was disapproved pursuant to a finding against  the  applicant
 8    under  any  of criteria (i) through (ix) of subsection (a) of
 9    this Section within the preceding 2 years.
10        (n)  In any review proceeding of a decision of the county
11    board or governing body of a municipality  made  pursuant  to
12    the local siting review process, the petitioner in the review
13    proceeding  shall  pay to the county or municipality the cost
14    of  preparing  and  certifying  the  record  of  proceedings.
15    Should the petitioner in the review proceeding fail  to  make
16    payment, the provisions of Section 3-109 of the Code of Civil
17    Procedure shall apply.
18        In  the  event  the  petitioner is a citizens' group that
19    participated in the siting proceeding and is so located as to
20    be affected by the proposed facility, such  petitioner  shall
21    be  exempt  from paying the costs of preparing and certifying
22    the record.
23        (o)  Notwithstanding any other provision of this Section,
24    a transfer station  used  exclusively  for  landscape  waste,
25    where  landscape  waste  is held no longer than 24 hours from
26    the time it was received, is not subject to the  requirements
27    of  local  siting approval under this Section, but is subject
28    only to local zoning approval.
29    (Source: P.A.  89-102,  eff.  7-7-95;  89-200,  eff.  1-1-96;
30    89-626,  eff.  8-9-96;  90-217,  eff.  1-1-98;  90-409,  eff.
31    8-15-97; 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; 90-655,
32    eff. 7-30-98.)".

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