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91st General Assembly
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Public Act 91-0588

SB496 Enrolled                                 LRB9102489LDpk

    AN ACT to  amend  the  Environmental  Protection  Act  by
changing Sections 22.19a, 22.19b, and 39.2.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Environmental Protection Act  is  amended
by changing Sections 22.19a, 22.19b, and 39.2 as follows:

    (415 ILCS 5/22.19a)
    Sec. 22.19a.  Floodplain.
    (a)  On  and  after January 1, 1998, no sanitary landfill
or waste disposal site that is a pollution control  facility,
or  any  part  of  a sanitary landfill or waste disposal site
that is a pollution control facility, may be  located  within
the boundary of the 100-year floodplain.
    (b)  Subsection (a) shall not apply to the following:
         (1)  a  sanitary  landfill  or  waste  disposal site
    initially permitted for development  or  construction  by
    the  Agency  before August 19, the effective date of this
    amendatory Act of 1997;
         (2)  a sanitary landfill or waste disposal site  for
    which  local  siting  approval  has  been  granted before
    August 19, the effective date of this amendatory  Act  of
    1997; or
         (3)  the  area of expansion beyond the boundary of a
    currently permitted sanitary landfill or  waste  disposal
    site,  provided  that the area of expansion is, on August
    19, the effective date of this amendatory  Act  of  1997,
    owned  by the owner or operator of the currently sited or
    permitted sanitary landfill or waste site  to  which  the
    area of expansion is adjacent; or
         (4)  a sanitary landfill or waste disposal site that
    is  a  pollution  control  facility that ceased accepting
    waste on or before August 19,  1997  or  any  part  of  a
    sanitary  landfill  or  waste  disposal  site  that  is a
    pollution control facility that ceased accepting waste on
    or before August 19, 1997.
(Source: P.A. 90-503, eff. 8-19-97.)

    (415 ILCS 5/22.19b)
    Sec.  22.19b.  Postclosure  care  requirements  Financial
assurance rules.
    (a)  Not later than  June  30,  1998,  the  Agency  shall
propose rules For those sanitary landfills and waste disposal
sites  located within the boundary of the 100-year floodplain
pursuant to  paragraph  (3)  of  subsection  (b)  of  Section
22.19a,  to  address  the  risks  posed  by  flooding  to the
integrity of the sanitary landfill or  waste  disposal  site,
the  owner  or  operator  of  the  sanitary landfill or waste
disposal site  shall  comply  with  the  following  financial
assurance requirements for that portion of the site permitted
for  the  disposal  of solid waste within the boundary of the
100-year floodplain:.
         (1)  The owner or  operator  must  include,  in  the
    facility  postclosure  care plan and the postclosure care
    cost estimate:
              (A)  the cost of  inspecting,  and  anticipated
         repairs to, all surface water drainage structures in
         the  area  of  the  landfill  or waste disposal site
         permitted for the disposal of solid waste within the
         boundary of the 100-year floodplain;
              (B)  the cost of repairing anticipated  erosion
         affecting both the final cover and vegetation in the
         area   of   the  landfill  or  waste  disposal  site
         permitted for the disposal of solid waste within the
         boundary  of  the  100-year  floodplain  below   the
         100-year flood elevation;

              (C)  the  cost of inspecting the portion of the
         site permitted  for  the  disposal  of  solid  waste
         within  the  boundary  of  the 100-year floodplain a
         minimum of once every 5 years; and
              (D)  the cost of monitoring the portion of  the
         landfill  or  waste  disposal site permitted for the
         disposal of solid waste within the boundary  of  the
         100-year floodplain after a 100-year flood.
         (2)  The  owner  or  operator must provide financial
    assurance,  using  any   of   the   financial   assurance
    mechanisms  set forth in Title 35, Part 811, Subpart G of
    the Illinois Administrative Code, as  amended,  to  cover
    the   costs  identified  in  subsection  (a)(1)  of  this
    Section;
         (3)  The owner or operator must base the portion  of
    the   postclosure   care  cost  estimate  addressing  the
    activities  prescribed  in  subsection  (a)(1)  of   this
    Section on a period of 100 years; and
         (4)  The   owner   or   operator   must  submit  the
    information required  under  subsection  (a)(1)  of  this
    Section   to   the  Agency  as  part  of  the  facility's
    application for a permit required  to  develop  the  area
    pursuant  to  Title  35,  Section 812.115 of the Illinois
    Administrative Code, as amended, for non-hazardous  waste
    landfills or pursuant to Title 35, Section 724.218 of the
    Illinois  Administrative  Code, as amended, for hazardous
    waste landfills.  The  rules  shall  be  limited  to  and
    prescribe  standards  for  financial assurance mechanisms
    equivalent to the standards set forth in Title  35,  Part
    811,  Subpart  G  of the Illinois Administrative Code, as
    amended, to address the risks posed by  flooding  to  the
    integrity  of  a sanitary landfill or waste disposal site
    located within the boundary of the  100-year  floodplain.
    The  financial assurance mechanisms shall be for a period
    of 100 years, beginning  with  the  commencement  of  the
    post-closure  care period, and shall apply to the portion
    of the  facility  located  within  the  boundary  of  the
    100-year  floodplain  and  to the portion of the facility
    located outside the boundary of the 100-year floodplain.
    (b)  Any sanitary landfill or waste disposal  site  owner
or  operator  subject  to subsection (a) of this Section must
certify in the facility's application for permit renewal that
the postclosure care activities set forth in the  postclosure
care  plan to comply with this Section have been met and will
be performed.  Not later than 6 months after the  receipt  of
the  Agency's proposed rules, the Board shall adopt rules for
sanitary landfills and waste disposal  sites  located  within
the   boundary   of   the  100-year  floodplain  pursuant  to
subsection (b) of Section 22.19a.  The rules shall be limited
to,  and  prescribe   standards   for   financial   assurance
mechanisms equivalent to the standards set forth in Title 35,
Part  811,  Subpart G of the Illinois Administrative Code, as
amended, to address  the  risks  posed  by  flooding  to  the
integrity  of  a  sanitary  landfill  or  waste disposal site
located within the boundary of the 100-year floodplain.   The
financial  assurance  mechanisms shall be for a period of 100
years, beginning with the commencement  of  the  post-closure
care  period,  and shall apply to the portion of the facility
located within the boundary of the 100-year floodplain and to
the portion of the facility located outside the  boundary  of
the 100-year floodplain.
    (c)  Nothing  in  this  Section  shall  be  construed  as
limiting  the  general  authority of the Board to adopt rules
pursuant to Title VII of this Act.
    (d)  Notwithstanding any requirements  of  this  Section,
the  owner  or  operator  of  any  landfill or waste disposal
facility located in a 100-year floodplain shall, upon receipt
of notification  from  the  Agency,  repair  damage  to  that
facility caused by a 100-year flood.
(Source: P.A. 90-503, eff. 8-19-97.)

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

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

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