94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5515

 

Introduced 1/27/2006, by Rep. John E. Bradley

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/39   from Ch. 111 1/2, par. 1039
415 ILCS 5/39.2   from Ch. 111 1/2, par. 1039.2

    Amends the Environmental Protection Act. Provides that on and after the effective date of this amendatory Act no permit for the development or construction of a new municipal solid waste landfill unit may be granted by the Agency for municipal solid waste landfill located within 6 miles of a public airport that is primarily served by general aviation aircraft and regularly scheduled flights of aircraft designed for 60 passengers or less. Prohibits a county board or the governing body of the municipality from approving a request for siting approval of a municipal solid waste landfill meeting similar location requirements. Effective immediately.


LRB094 17801 RSP 53100 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5515 LRB094 17801 RSP 53100 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Environmental Protection Act is amended by
5 changing Sections 39 and 39.2 as follows:
 
6     (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
7     Sec. 39. Issuance of permits; procedures.
8     (a) When the Board has by regulation required a permit for
9 the construction, installation, or operation of any type of
10 facility, equipment, vehicle, vessel, or aircraft, the
11 applicant shall apply to the Agency for such permit and it
12 shall be the duty of the Agency to issue such a permit upon
13 proof by the applicant that the facility, equipment, vehicle,
14 vessel, or aircraft will not cause a violation of this Act or
15 of regulations hereunder. The Agency shall adopt such
16 procedures as are necessary to carry out its duties under this
17 Section. In making its determinations on permit applications
18 under this Section the Agency may consider prior adjudications
19 of noncompliance with this Act by the applicant that involved a
20 release of a contaminant into the environment. In granting
21 permits, the Agency may impose reasonable conditions
22 specifically related to the applicant's past compliance
23 history with this Act as necessary to correct, detect, or
24 prevent noncompliance. The Agency may impose such other
25 conditions as may be necessary to accomplish the purposes of
26 this Act, and as are not inconsistent with the regulations
27 promulgated by the Board hereunder. Except as otherwise
28 provided in this Act, a bond or other security shall not be
29 required as a condition for the issuance of a permit. If the
30 Agency denies any permit under this Section, the Agency shall
31 transmit to the applicant within the time limitations of this
32 Section specific, detailed statements as to the reasons the

 

 

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1 permit application was denied. Such statements shall include,
2 but not be limited to the following:
3         (i) the Sections of this Act which may be violated if
4     the permit were granted;
5         (ii) the provision of the regulations, promulgated
6     under this Act, which may be violated if the permit were
7     granted;
8         (iii) the specific type of information, if any, which
9     the Agency deems the applicant did not provide the Agency;
10     and
11         (iv) a statement of specific reasons why the Act and
12     the regulations might not be met if the permit were
13     granted.
14     If there is no final action by the Agency within 90 days
15 after the filing of the application for permit, the applicant
16 may deem the permit issued; except that this time period shall
17 be extended to 180 days when (1) notice and opportunity for
18 public hearing are required by State or federal law or
19 regulation, (2) the application which was filed is for any
20 permit to develop a landfill subject to issuance pursuant to
21 this subsection, or (3) the application that was filed is for a
22 MSWLF unit required to issue public notice under subsection (p)
23 of Section 39. The 90-day and 180-day time periods for the
24 Agency to take final action do not apply to NPDES permit
25 applications under subsection (b) of this Section, to RCRA
26 permit applications under subsection (d) of this Section, or to
27 UIC permit applications under subsection (e) of this Section.
28     The Agency shall publish notice of all final permit
29 determinations for development permits for MSWLF units and for
30 significant permit modifications for lateral expansions for
31 existing MSWLF units one time in a newspaper of general
32 circulation in the county in which the unit is or is proposed
33 to be located.
34     After January 1, 1994 and until July 1, 1998, operating
35 permits issued under this Section by the Agency for sources of
36 air pollution permitted to emit less than 25 tons per year of

 

 

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1 any combination of regulated air pollutants, as defined in
2 Section 39.5 of this Act, shall be required to be renewed only
3 upon written request by the Agency consistent with applicable
4 provisions of this Act and regulations promulgated hereunder.
5 Such operating permits shall expire 180 days after the date of
6 such a request. The Board shall revise its regulations for the
7 existing State air pollution operating permit program
8 consistent with this provision by January 1, 1994.
9     After June 30, 1998, operating permits issued under this
10 Section by the Agency for sources of air pollution that are not
11 subject to Section 39.5 of this Act and are not required to
12 have a federally enforceable State operating permit shall be
13 required to be renewed only upon written request by the Agency
14 consistent with applicable provisions of this Act and its
15 rules. Such operating permits shall expire 180 days after the
16 date of such a request. Before July 1, 1998, the Board shall
17 revise its rules for the existing State air pollution operating
18 permit program consistent with this paragraph and shall adopt
19 rules that require a source to demonstrate that it qualifies
20 for a permit under this paragraph.
21     (b) The Agency may issue NPDES permits exclusively under
22 this subsection for the discharge of contaminants from point
23 sources into navigable waters, all as defined in the Federal
24 Water Pollution Control Act, as now or hereafter amended,
25 within the jurisdiction of the State, or into any well.
26     All NPDES permits shall contain those terms and conditions,
27 including but not limited to schedules of compliance, which may
28 be required to accomplish the purposes and provisions of this
29 Act.
30     The Agency may issue general NPDES permits for discharges
31 from categories of point sources which are subject to the same
32 permit limitations and conditions. Such general permits may be
33 issued without individual applications and shall conform to
34 regulations promulgated under Section 402 of the Federal Water
35 Pollution Control Act, as now or hereafter amended.
36     The Agency may include, among such conditions, effluent

 

 

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1 limitations and other requirements established under this Act,
2 Board regulations, the Federal Water Pollution Control Act, as
3 now or hereafter amended, and regulations pursuant thereto, and
4 schedules for achieving compliance therewith at the earliest
5 reasonable date.
6     The Agency shall adopt filing requirements and procedures
7 which are necessary and appropriate for the issuance of NPDES
8 permits, and which are consistent with the Act or regulations
9 adopted by the Board, and with the Federal Water Pollution
10 Control Act, as now or hereafter amended, and regulations
11 pursuant thereto.
12     The Agency, subject to any conditions which may be
13 prescribed by Board regulations, may issue NPDES permits to
14 allow discharges beyond deadlines established by this Act or by
15 regulations of the Board without the requirement of a variance,
16 subject to the Federal Water Pollution Control Act, as now or
17 hereafter amended, and regulations pursuant thereto.
18     (c) Except for those facilities owned or operated by
19 sanitary districts organized under the Metropolitan Water
20 Reclamation District Act, no permit for the development or
21 construction of a new pollution control facility may be granted
22 by the Agency unless the applicant submits proof to the Agency
23 that the location of the facility has been approved by the
24 County Board of the county if in an unincorporated area, or the
25 governing body of the municipality when in an incorporated
26 area, in which the facility is to be located in accordance with
27 Section 39.2 of this Act.
28     In the event that siting approval granted pursuant to
29 Section 39.2 has been transferred to a subsequent owner or
30 operator, that subsequent owner or operator may apply to the
31 Agency for, and the Agency may grant, a development or
32 construction permit for the facility for which local siting
33 approval was granted. Upon application to the Agency for a
34 development or construction permit by that subsequent owner or
35 operator, the permit applicant shall cause written notice of
36 the permit application to be served upon the appropriate county

 

 

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1 board or governing body of the municipality that granted siting
2 approval for that facility and upon any party to the siting
3 proceeding pursuant to which siting approval was granted. In
4 that event, the Agency shall conduct an evaluation of the
5 subsequent owner or operator's prior experience in waste
6 management operations in the manner conducted under subsection
7 (i) of Section 39 of this Act.
8     Beginning August 20, 1993, if the pollution control
9 facility consists of a hazardous or solid waste disposal
10 facility for which the proposed site is located in an
11 unincorporated area of a county with a population of less than
12 100,000 and includes all or a portion of a parcel of land that
13 was, on April 1, 1993, adjacent to a municipality having a
14 population of less than 5,000, then the local siting review
15 required under this subsection (c) in conjunction with any
16 permit applied for after that date shall be performed by the
17 governing body of that adjacent municipality rather than the
18 county board of the county in which the proposed site is
19 located; and for the purposes of that local siting review, any
20 references in this Act to the county board shall be deemed to
21 mean the governing body of that adjacent municipality;
22 provided, however, that the provisions of this paragraph shall
23 not apply to any proposed site which was, on April 1, 1993,
24 owned in whole or in part by another municipality.
25     In the case of a pollution control facility for which a
26 development permit was issued before November 12, 1981, if an
27 operating permit has not been issued by the Agency prior to
28 August 31, 1989 for any portion of the facility, then the
29 Agency may not issue or renew any development permit nor issue
30 an original operating permit for any portion of such facility
31 unless the applicant has submitted proof to the Agency that the
32 location of the facility has been approved by the appropriate
33 county board or municipal governing body pursuant to Section
34 39.2 of this Act.
35     After January 1, 1994, if a solid waste disposal facility,
36 any portion for which an operating permit has been issued by

 

 

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1 the Agency, has not accepted waste disposal for 5 or more
2 consecutive calendars years, before that facility may accept
3 any new or additional waste for disposal, the owner and
4 operator must obtain a new operating permit under this Act for
5 that facility unless the owner and operator have applied to the
6 Agency for a permit authorizing the temporary suspension of
7 waste acceptance. The Agency may not issue a new operation
8 permit under this Act for the facility unless the applicant has
9 submitted proof to the Agency that the location of the facility
10 has been approved or re-approved by the appropriate county
11 board or municipal governing body under Section 39.2 of this
12 Act after the facility ceased accepting waste.
13     Notwithstanding any other provision of this Section, on and
14 after the effective date of this amendatory Act of the 94th
15 General Assembly no permit for the development or construction
16 of a new municipal solid waste landfill may be granted by the
17 Agency for a municipal solid waste landfill located within 6
18 miles of a public airport that is primarily served by general
19 aviation aircraft and regularly scheduled flights of aircraft
20 designed for 60 passengers or less.
21     Except for those facilities owned or operated by sanitary
22 districts organized under the Metropolitan Water Reclamation
23 District Act, and except for new pollution control facilities
24 governed by Section 39.2, and except for fossil fuel mining
25 facilities, the granting of a permit under this Act shall not
26 relieve the applicant from meeting and securing all necessary
27 zoning approvals from the unit of government having zoning
28 jurisdiction over the proposed facility.
29     Before beginning construction on any new sewage treatment
30 plant or sludge drying site to be owned or operated by a
31 sanitary district organized under the Metropolitan Water
32 Reclamation District Act for which a new permit (rather than
33 the renewal or amendment of an existing permit) is required,
34 such sanitary district shall hold a public hearing within the
35 municipality within which the proposed facility is to be
36 located, or within the nearest community if the proposed

 

 

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1 facility is to be located within an unincorporated area, at
2 which information concerning the proposed facility shall be
3 made available to the public, and members of the public shall
4 be given the opportunity to express their views concerning the
5 proposed facility.
6     The Agency may issue a permit for a municipal waste
7 transfer station without requiring approval pursuant to
8 Section 39.2 provided that the following demonstration is made:
9         (1) the municipal waste transfer station was in
10     existence on or before January 1, 1979 and was in
11     continuous operation from January 1, 1979 to January 1,
12     1993;
13         (2) the operator submitted a permit application to the
14     Agency to develop and operate the municipal waste transfer
15     station during April of 1994;
16         (3) the operator can demonstrate that the county board
17     of the county, if the municipal waste transfer station is
18     in an unincorporated area, or the governing body of the
19     municipality, if the station is in an incorporated area,
20     does not object to resumption of the operation of the
21     station; and
22         (4) the site has local zoning approval.
23     (d) The Agency may issue RCRA permits exclusively under
24 this subsection to persons owning or operating a facility for
25 the treatment, storage, or disposal of hazardous waste as
26 defined under this Act.
27     All RCRA permits shall contain those terms and conditions,
28 including but not limited to schedules of compliance, which may
29 be required to accomplish the purposes and provisions of this
30 Act. The Agency may include among such conditions standards and
31 other requirements established under this Act, Board
32 regulations, the Resource Conservation and Recovery Act of 1976
33 (P.L. 94-580), as amended, and regulations pursuant thereto,
34 and may include schedules for achieving compliance therewith as
35 soon as possible. The Agency shall require that a performance
36 bond or other security be provided as a condition for the

 

 

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1 issuance of a RCRA permit.
2     In the case of a permit to operate a hazardous waste or PCB
3 incinerator as defined in subsection (k) of Section 44, the
4 Agency shall require, as a condition of the permit, that the
5 operator of the facility perform such analyses of the waste to
6 be incinerated as may be necessary and appropriate to ensure
7 the safe operation of the incinerator.
8     The Agency shall adopt filing requirements and procedures
9 which are necessary and appropriate for the issuance of RCRA
10 permits, and which are consistent with the Act or regulations
11 adopted by the Board, and with the Resource Conservation and
12 Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
13 pursuant thereto.
14     The applicant shall make available to the public for
15 inspection all documents submitted by the applicant to the
16 Agency in furtherance of an application, with the exception of
17 trade secrets, at the office of the county board or governing
18 body of the municipality. Such documents may be copied upon
19 payment of the actual cost of reproduction during regular
20 business hours of the local office. The Agency shall issue a
21 written statement concurrent with its grant or denial of the
22 permit explaining the basis for its decision.
23     (e) The Agency may issue UIC permits exclusively under this
24 subsection to persons owning or operating a facility for the
25 underground injection of contaminants as defined under this
26 Act.
27     All UIC permits shall contain those terms and conditions,
28 including but not limited to schedules of compliance, which may
29 be required to accomplish the purposes and provisions of this
30 Act. The Agency may include among such conditions standards and
31 other requirements established under this Act, Board
32 regulations, the Safe Drinking Water Act (P.L. 93-523), as
33 amended, and regulations pursuant thereto, and may include
34 schedules for achieving compliance therewith. The Agency shall
35 require that a performance bond or other security be provided
36 as a condition for the issuance of a UIC permit.

 

 

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1     The Agency shall adopt filing requirements and procedures
2 which are necessary and appropriate for the issuance of UIC
3 permits, and which are consistent with the Act or regulations
4 adopted by the Board, and with the Safe Drinking Water Act
5 (P.L. 93-523), as amended, and regulations pursuant thereto.
6     The applicant shall make available to the public for
7 inspection, all documents submitted by the applicant to the
8 Agency in furtherance of an application, with the exception of
9 trade secrets, at the office of the county board or governing
10 body of the municipality. Such documents may be copied upon
11 payment of the actual cost of reproduction during regular
12 business hours of the local office. The Agency shall issue a
13 written statement concurrent with its grant or denial of the
14 permit explaining the basis for its decision.
15     (f) In making any determination pursuant to Section 9.1 of
16 this Act:
17         (1) The Agency shall have authority to make the
18     determination of any question required to be determined by
19     the Clean Air Act, as now or hereafter amended, this Act,
20     or the regulations of the Board, including the
21     determination of the Lowest Achievable Emission Rate,
22     Maximum Achievable Control Technology, or Best Available
23     Control Technology, consistent with the Board's
24     regulations, if any.
25         (2) The Agency shall, after conferring with the
26     applicant, give written notice to the applicant of its
27     proposed decision on the application including the terms
28     and conditions of the permit to be issued and the facts,
29     conduct or other basis upon which the Agency will rely to
30     support its proposed action.
31         (3) Following such notice, the Agency shall give the
32     applicant an opportunity for a hearing in accordance with
33     the provisions of Sections 10-25 through 10-60 of the
34     Illinois Administrative Procedure Act.
35     (g) The Agency shall include as conditions upon all permits
36 issued for hazardous waste disposal sites such restrictions

 

 

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1 upon the future use of such sites as are reasonably necessary
2 to protect public health and the environment, including
3 permanent prohibition of the use of such sites for purposes
4 which may create an unreasonable risk of injury to human health
5 or to the environment. After administrative and judicial
6 challenges to such restrictions have been exhausted, the Agency
7 shall file such restrictions of record in the Office of the
8 Recorder of the county in which the hazardous waste disposal
9 site is located.
10     (h) A hazardous waste stream may not be deposited in a
11 permitted hazardous waste site unless specific authorization
12 is obtained from the Agency by the generator and disposal site
13 owner and operator for the deposit of that specific hazardous
14 waste stream. The Agency may grant specific authorization for
15 disposal of hazardous waste streams only after the generator
16 has reasonably demonstrated that, considering technological
17 feasibility and economic reasonableness, the hazardous waste
18 cannot be reasonably recycled for reuse, nor incinerated or
19 chemically, physically or biologically treated so as to
20 neutralize the hazardous waste and render it nonhazardous. In
21 granting authorization under this Section, the Agency may
22 impose such conditions as may be necessary to accomplish the
23 purposes of the Act and are consistent with this Act and
24 regulations promulgated by the Board hereunder. If the Agency
25 refuses to grant authorization under this Section, the
26 applicant may appeal as if the Agency refused to grant a
27 permit, pursuant to the provisions of subsection (a) of Section
28 40 of this Act. For purposes of this subsection (h), the term
29 "generator" has the meaning given in Section 3.205 of this Act,
30 unless: (1) the hazardous waste is treated, incinerated, or
31 partially recycled for reuse prior to disposal, in which case
32 the last person who treats, incinerates, or partially recycles
33 the hazardous waste prior to disposal is the generator; or (2)
34 the hazardous waste is from a response action, in which case
35 the person performing the response action is the generator.
36 This subsection (h) does not apply to any hazardous waste that

 

 

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1 is restricted from land disposal under 35 Ill. Adm. Code 728.
2     (i) Before issuing any RCRA permit, any permit for a waste
3 storage site, sanitary landfill, waste disposal site, waste
4 transfer station, waste treatment facility, waste incinerator,
5 or any waste-transportation operation, or any permit for a
6 clean construction or demolition debris fill operation, the
7 Agency shall conduct an evaluation of the prospective owner's
8 or operator's prior experience in waste management operations.
9 The Agency may deny such a permit if the prospective owner or
10 operator or any employee or officer of the prospective owner or
11 operator has a history of:
12         (1) repeated violations of federal, State, or local
13     laws, regulations, standards, or ordinances in the
14     operation of waste management facilities or sites; or
15         (2) conviction in this or another State of any crime
16     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 waste.
21     (i-5) Before issuing any permit or approving any interim
22 authorization for a clean construction or demolition debris
23 fill operation in which any ownership interest is transferred
24 between January 1, 2005, and the effective date of the
25 prohibition set forth in Section 22.52 of this Act, the Agency
26 shall conduct an evaluation of the operation if any previous
27 activities at the site or facility may have caused or allowed
28 contamination of the site. It shall be the responsibility of
29 the owner or operator seeking the permit or interim
30 authorization to provide to the Agency all of the information
31 necessary for the Agency to conduct its evaluation. The Agency
32 may deny a permit or interim authorization if previous
33 activities at the site may have caused or allowed contamination
34 at the site, unless such contamination is authorized under any
35 permit issued by the Agency.
36     (j) The issuance under this Act of a permit to engage in

 

 

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1 the surface mining of any resources other than fossil fuels
2 shall not relieve the permittee from its duty to comply with
3 any applicable local law regulating the commencement, location
4 or operation of surface mining facilities.
5     (k) A development permit issued under subsection (a) of
6 Section 39 for any facility or site which is required to have a
7 permit under subsection (d) of Section 21 shall expire at the
8 end of 2 calendar years from the date upon which it was issued,
9 unless within that period the applicant has taken action to
10 develop the facility or the site. In the event that review of
11 the conditions of the development permit is sought pursuant to
12 Section 40 or 41, or permittee is prevented from commencing
13 development of the facility or site by any other litigation
14 beyond the permittee's control, such two-year period shall be
15 deemed to begin on the date upon which such review process or
16 litigation is concluded.
17     (l) No permit shall be issued by the Agency under this Act
18 for construction or operation of any facility or site located
19 within the boundaries of any setback zone established pursuant
20 to this Act, where such construction or operation is
21 prohibited.
22     (m) The Agency may issue permits to persons owning or
23 operating a facility for composting landscape waste. In
24 granting such permits, the Agency may impose such conditions as
25 may be necessary to accomplish the purposes of this Act, and as
26 are not inconsistent with applicable regulations promulgated
27 by the Board. Except as otherwise provided in this Act, a bond
28 or other security shall not be required as a condition for the
29 issuance of a permit. If the Agency denies any permit pursuant
30 to this subsection, the Agency shall transmit to the applicant
31 within the time limitations of this subsection specific,
32 detailed statements as to the reasons the permit application
33 was denied. Such statements shall include but not be limited to
34 the following:
35         (1) the Sections of this Act that may be violated if
36     the permit were granted;

 

 

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1         (2) the specific regulations promulgated pursuant to
2     this Act that may be violated if the permit were granted;
3         (3) the specific information, if any, the Agency deems
4     the applicant did not provide in its application to the
5     Agency; and
6         (4) a statement of specific reasons why the Act and the
7     regulations might be violated if the permit were granted.
8     If no final action is taken by the Agency within 90 days
9 after the filing of the application for permit, the applicant
10 may deem the permit issued. Any applicant for a permit may
11 waive the 90 day limitation by filing a written statement with
12 the Agency.
13     The Agency shall issue permits for such facilities upon
14 receipt of an application that includes a legal description of
15 the site, a topographic map of the site drawn to the scale of
16 200 feet to the inch or larger, a description of the operation,
17 including the area served, an estimate of the volume of
18 materials to be processed, and documentation that:
19         (1) the facility includes a setback of at least 200
20     feet from the nearest potable water supply well;
21         (2) the facility is located outside the boundary of the
22     10-year floodplain or the site will be floodproofed;
23         (3) the facility is located so as to minimize
24     incompatibility with the character of the surrounding
25     area, including at least a 200 foot setback from any
26     residence, and in the case of a facility that is developed
27     or the permitted composting area of which is expanded after
28     November 17, 1991, the composting area is located at least
29     1/8 mile from the nearest residence (other than a residence
30     located on the same property as the facility);
31         (4) the design of the facility will prevent any compost
32     material from being placed within 5 feet of the water
33     table, will adequately control runoff from the site, and
34     will collect and manage any leachate that is generated on
35     the site;
36         (5) the operation of the facility will include

 

 

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1     appropriate dust and odor control measures, limitations on
2     operating hours, appropriate noise control measures for
3     shredding, chipping and similar equipment, management
4     procedures for composting, containment and disposal of
5     non-compostable wastes, procedures to be used for
6     terminating operations at the site, and recordkeeping
7     sufficient to document the amount of materials received,
8     composted and otherwise disposed of; and
9         (6) the operation will be conducted in accordance with
10     any applicable rules adopted by the Board.
11     The Agency shall issue renewable permits of not longer than
12 10 years in duration for the composting of landscape wastes, as
13 defined in Section 3.155 of this Act, based on the above
14 requirements.
15     The operator of any facility permitted under this
16 subsection (m) must submit a written annual statement to the
17 Agency on or before April 1 of each year that includes an
18 estimate of the amount of material, in tons, received for
19 composting.
20     (n) The Agency shall issue permits jointly with the
21 Department of Transportation for the dredging or deposit of
22 material in Lake Michigan in accordance with Section 18 of the
23 Rivers, Lakes, and Streams Act.
24     (o) (Blank.)
25     (p) (1) Any person submitting an application for a permit
26 for a new MSWLF unit or for a lateral expansion under
27 subsection (t) of Section 21 of this Act for an existing MSWLF
28 unit that has not received and is not subject to local siting
29 approval under Section 39.2 of this Act shall publish notice of
30 the application in a newspaper of general circulation in the
31 county in which the MSWLF unit is or is proposed to be located.
32 The notice must be published at least 15 days before submission
33 of the permit application to the Agency. The notice shall state
34 the name and address of the applicant, the location of the
35 MSWLF unit or proposed MSWLF unit, the nature and size of the
36 MSWLF unit or proposed MSWLF unit, the nature of the activity

 

 

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1 proposed, the probable life of the proposed activity, the date
2 the permit application will be submitted, and a statement that
3 persons may file written comments with the Agency concerning
4 the permit application within 30 days after the filing of the
5 permit application unless the time period to submit comments is
6 extended by the Agency.
7     When a permit applicant submits information to the Agency
8 to supplement a permit application being reviewed by the
9 Agency, the applicant shall not be required to reissue the
10 notice under this subsection.
11     (2) The Agency shall accept written comments concerning the
12 permit application that are postmarked no later than 30 days
13 after the filing of the permit application, unless the time
14 period to accept comments is extended by the Agency.
15     (3) Each applicant for a permit described in part (1) of
16 this subsection shall file a copy of the permit application
17 with the county board or governing body of the municipality in
18 which the MSWLF unit is or is proposed to be located at the
19 same time the application is submitted to the Agency. The
20 permit application filed with the county board or governing
21 body of the municipality shall include all documents submitted
22 to or to be submitted to the Agency, except trade secrets as
23 determined under Section 7.1 of this Act. The permit
24 application and other documents on file with the county board
25 or governing body of the municipality shall be made available
26 for public inspection during regular business hours at the
27 office of the county board or the governing body of the
28 municipality and may be copied upon payment of the actual cost
29 of reproduction.
30 (Source: P.A. 93-575, eff. 1-1-04; 94-272, eff. 7-19-05.)
 
31     (415 ILCS 5/39.2)  (from Ch. 111 1/2, par. 1039.2)
32     Sec. 39.2. Local siting review.
33     (a) The county board of the county or the governing body of
34 the municipality, as determined by paragraph (c) of Section 39
35 of this Act, shall approve or disapprove the request for local

 

 

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1 siting approval for each pollution control facility which is
2 subject to such review. An applicant for local siting approval
3 shall submit sufficient details describing the proposed
4 facility to demonstrate compliance, and local siting approval
5 shall be granted only if the proposed facility meets the
6 following criteria:
7         (i) the facility is necessary to accommodate the waste
8     needs of the area it is intended to serve;
9         (ii) the facility is so designed, located and proposed
10     to be operated that the public health, safety and welfare
11     will be protected;
12         (iii) the facility is located so as to minimize
13     incompatibility with the character of the surrounding area
14     and to minimize the effect on the value of the surrounding
15     property;
16         (iv) (A) for a facility other than a sanitary landfill
17     or waste disposal site, the facility is located outside the
18     boundary of the 100 year flood plain or the site is
19     flood-proofed; (B) for a facility that is a sanitary
20     landfill or waste disposal site, the facility is located
21     outside the boundary of the 100-year floodplain, or if the
22     facility is a facility described in subsection (b)(3) of
23     Section 22.19a, the site is flood-proofed;
24         (v) the plan of operations for the facility is designed
25     to minimize the danger to the surrounding area from fire,
26     spills, or other operational accidents;
27         (vi) the traffic patterns to or from the facility are
28     so designed as to minimize the impact on existing traffic
29     flows;
30         (vii) if the facility will be treating, storing or
31     disposing of hazardous waste, an emergency response plan
32     exists for the facility which includes notification,
33     containment and evacuation procedures to be used in case of
34     an accidental release;
35         (viii) if the facility is to be located in a county
36     where the county board has adopted a solid waste management

 

 

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1     plan consistent with the planning requirements of the Local
2     Solid Waste Disposal Act or the Solid Waste Planning and
3     Recycling Act, the facility is consistent with that plan;
4     for purposes of this criterion (viii), the "solid waste
5     management plan" means the plan that is in effect as of the
6     date the application for siting approval is filed; and
7         (ix) if the facility will be located within a regulated
8     recharge area, any applicable requirements specified by
9     the Board for such areas have been met.
10     The county board or the governing body of the municipality
11 may also consider as evidence the previous operating experience
12 and past record of convictions or admissions of violations of
13 the applicant (and any subsidiary or parent corporation) in the
14 field of solid waste management when considering criteria (ii)
15 and (v) under this Section.
16     The county board or the governing body of the municipality
17 shall not approve a request for siting approval of a municipal
18 solid waste landfill under this Section when the proposed
19 location of that landfill is within 6 miles of a public airport
20 that is primarily served by general aviation aircraft and
21 regularly scheduled flights of aircraft designed for 60
22 passengers or less.
23     (b) No later than 14 days before the date on which the
24 county board or governing body of the municipality receives a
25 request for site approval, the applicant shall cause written
26 notice of such request to be served either in person or by
27 registered mail, return receipt requested, on the owners of all
28 property within the subject area not solely owned by the
29 applicant, and on the owners of all property within 250 feet in
30 each direction of the lot line of the subject property, said
31 owners being such persons or entities which appear from the
32 authentic tax records of the County in which such facility is
33 to be located; provided, that the number of all feet occupied
34 by all public roads, streets, alleys and other public ways
35 shall be excluded in computing the 250 feet requirement;
36 provided further, that in no event shall this requirement

 

 

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1 exceed 400 feet, including public streets, alleys and other
2 public ways.
3     Such written notice shall also be served upon members of
4 the General Assembly from the legislative district in which the
5 proposed facility is located and shall be published in a
6 newspaper of general circulation published in the county in
7 which the site is located.
8     Such notice shall state the name and address of the
9 applicant, the location of the proposed site, the nature and
10 size of the development, the nature of the activity proposed,
11 the probable life of the proposed activity, the date when the
12 request for site approval will be submitted, and a description
13 of the right of persons to comment on such request as hereafter
14 provided.
15     (c) An applicant shall file a copy of its request with the
16 county board of the county or the governing body of the
17 municipality in which the proposed site is located. The request
18 shall include (i) the substance of the applicant's proposal and
19 (ii) all documents, if any, submitted as of that date to the
20 Agency pertaining to the proposed facility, except trade
21 secrets as determined under Section 7.1 of this Act. All such
22 documents or other materials on file with the county board or
23 governing body of the municipality shall be made available for
24 public inspection at the office of the county board or the
25 governing body of the municipality and may be copied upon
26 payment of the actual cost of 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 purpose.
30 The county board or governing body of the municipality shall
31 consider any comment received or postmarked not later than 30
32 days after the date of the last public hearing.
33     (d) At least one public hearing is to be held by the county
34 board or governing body of the municipality no sooner than 90
35 days but no later than 120 days after the date on which it
36 received the request for site approval. No later than 14 days

 

 

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1 prior to such hearing, notice shall be published in a newspaper
2 of general circulation published in the county of the proposed
3 site, and delivered by certified mail to all members of the
4 General Assembly from the district in which the proposed site
5 is located, to the governing authority of every municipality
6 contiguous to the proposed site or contiguous to the
7 municipality in which the proposed site is to be located, to
8 the county board of the county where the proposed site is to be
9 located, if the proposed site is located within the boundaries
10 of a municipality, and to the Agency. Members or
11 representatives of the governing authority of a municipality
12 contiguous to the proposed site or contiguous to the
13 municipality in which the proposed site is to be located and,
14 if the proposed site is located in a municipality, members or
15 representatives of the county board of a county in which the
16 proposed site is to be located may appear at and participate in
17 public hearings held pursuant to this Section. The public
18 hearing shall develop a record sufficient to form the basis of
19 appeal of the decision in accordance with Section 40.1 of this
20 Act. The fact that a member of the county board or governing
21 body of the municipality has publicly expressed an opinion on
22 an issue related to a site review proceeding shall not preclude
23 the member from taking part in the proceeding and voting on the
24 issue.
25     (e) Decisions of the county board or governing body of the
26 municipality are to be in writing, specifying the reasons for
27 the decision, such reasons to be in conformance with subsection
28 (a) of this Section. In granting approval for a site the county
29 board or governing body of the municipality may impose such
30 conditions as may be reasonable and necessary to accomplish the
31 purposes of this Section and as are not inconsistent with
32 regulations promulgated by the Board. Such decision shall be
33 available for public inspection at the office of the county
34 board or governing body of the municipality and may be copied
35 upon payment of the actual cost of reproduction. If there is no
36 final action by the county board or governing body of the

 

 

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1 municipality within 180 days after the date on which it
2 received the request for site approval, the applicant may deem
3 the request approved.
4     At any time prior to completion by the applicant of the
5 presentation of the applicant's factual evidence and an
6 opportunity for cross-questioning by the county board or
7 governing body of the municipality and any participants, the
8 applicant may file not more than one amended application upon
9 payment of additional fees pursuant to subsection (k); in which
10 case the time limitation for final action set forth in this
11 subsection (e) shall be extended for an additional period of 90
12 days.
13     If, prior to making a final local siting decision, a county
14 board or governing body of a municipality has negotiated and
15 entered into a host agreement with the local siting applicant,
16 the terms and conditions of the host agreement, whether written
17 or oral, shall be disclosed and made a part of the hearing
18 record for that local siting proceeding. In the case of an oral
19 agreement, the disclosure shall be made in the form of a
20 written summary jointly prepared and submitted by the county
21 board or governing body of the municipality and the siting
22 applicant and shall describe the terms and conditions of the
23 oral agreement.
24     (e-5) Siting approval obtained pursuant to this Section is
25 transferable and may be transferred to a subsequent owner or
26 operator. In the event that siting approval has been
27 transferred to a subsequent owner or operator, that subsequent
28 owner or operator assumes and takes subject to any and all
29 conditions imposed upon the prior owner or operator by the
30 county board of the county or governing body of the
31 municipality pursuant to subsection (e). However, any such
32 conditions imposed pursuant to this Section may be modified by
33 agreement between the subsequent owner or operator and the
34 appropriate county board or governing body. Further, in the
35 event that siting approval obtained pursuant to this Section
36 has been transferred to a subsequent owner or operator, that

 

 

HB5515 - 21 - LRB094 17801 RSP 53100 b

1 subsequent owner or operator assumes all rights and obligations
2 and takes the facility subject to any and all terms and
3 conditions of any existing host agreement between the prior
4 owner or operator and the appropriate county board or governing
5 body.
6     (f) A local siting approval granted under this Section
7 shall expire at the end of 2 calendar years from the date upon
8 which it was granted, unless the local siting approval granted
9 under this Section is for a sanitary landfill operation, in
10 which case the approval shall expire at the end of 3 calendar
11 years from the date upon which it was granted, and unless
12 within that period the applicant has made application to the
13 Agency for a permit to develop the site. In the event that the
14 local siting decision has been appealed, such expiration period
15 shall be deemed to begin on the date upon which the appeal
16 process is concluded.
17     Except as otherwise provided in this subsection, upon the
18 expiration of a development permit under subsection (k) of
19 Section 39, any associated local siting approval granted for
20 the facility under this Section shall also expire.
21     If a first development permit for a municipal waste
22 incineration facility expires under subsection (k) of Section
23 39 after September 30, 1989 due to circumstances beyond the
24 control of the applicant, any associated local siting approval
25 granted for the facility under this Section may be used to
26 fulfill the local siting approval requirement upon application
27 for a second development permit for the same site, provided
28 that the proposal in the new application is materially the
29 same, with respect to the criteria in subsection (a) of this
30 Section, as the proposal that received the original siting
31 approval, and application for the second development permit is
32 made before January 1, 1990.
33     (g) The siting approval procedures, criteria and appeal
34 procedures provided for in this Act for new pollution control
35 facilities shall be the exclusive siting procedures and rules
36 and appeal procedures for facilities subject to such

 

 

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1 procedures. Local zoning or other local land use requirements
2 shall not be applicable to such siting decisions.
3     (h) Nothing in this Section shall apply to any existing or
4 new pollution control facility located within the corporate
5 limits of a municipality with a population of over 1,000,000.
6     (i) (Blank.)
7     The Board shall adopt regulations establishing the
8 geologic and hydrologic siting criteria necessary to protect
9 usable groundwater resources which are to be followed by the
10 Agency in its review of permit applications for new pollution
11 control facilities. Such regulations, insofar as they apply to
12 new pollution control facilities authorized to store, treat or
13 dispose of any hazardous waste, shall be at least as stringent
14 as the requirements of the Resource Conservation and Recovery
15 Act and any State or federal regulations adopted pursuant
16 thereto.
17     (j) Any new pollution control facility which has never
18 obtained local siting approval under the provisions of this
19 Section shall be required to obtain such approval after a final
20 decision on an appeal of a permit denial.
21     (k) A county board or governing body of a municipality may
22 charge applicants for siting review under this Section a
23 reasonable fee to cover the reasonable and necessary costs
24 incurred by such county or municipality in the siting review
25 process.
26     (l) The governing Authority as determined by subsection (c)
27 of Section 39 of this Act may request the Department of
28 Transportation to perform traffic impact studies of proposed or
29 potential locations for required pollution control facilities.
30     (m) An applicant may not file a request for local siting
31 approval which is substantially the same as a request which was
32 disapproved pursuant to a finding against the applicant under
33 any of criteria (i) through (ix) of subsection (a) of this
34 Section within the preceding 2 years.
35     (n) In any review proceeding of a decision of the county
36 board or governing body of a municipality made pursuant to the

 

 

HB5515 - 23 - LRB094 17801 RSP 53100 b

1 local siting review process, the petitioner in the review
2 proceeding shall pay to the county or municipality the cost of
3 preparing and certifying the record of proceedings. Should the
4 petitioner in the review proceeding fail to make payment, the
5 provisions of Section 3-109 of the Code of Civil Procedure
6 shall apply.
7     In the event the petitioner is a citizens' group that
8 participated in the siting proceeding and is so located as to
9 be affected by the proposed facility, such petitioner shall be
10 exempt from paying the costs of preparing and certifying the
11 record.
12     (o) Notwithstanding any other provision of this Section, a
13 transfer station used exclusively for landscape waste, where
14 landscape waste is held no longer than 24 hours from the time
15 it was received, is not subject to the requirements of local
16 siting approval under this Section, but is subject only to
17 local zoning approval.
18 (Source: P.A. 94-591, eff. 8-15-05.)
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.