97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3572

 

Introduced 2/24/2011, by Rep. Wayne Rosenthal - Norine Hammond - Dwight Kay - John D. Cavaletto - Jil Tracy, et al.

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/4  from Ch. 111 1/2, par. 1004
415 ILCS 5/39  from Ch. 111 1/2, par. 1039
415 ILCS 5/39.6 new

    Amends the Environmental Protection Act. Requires the Illinois Environmental Protection Agency, without public notice, to provide permit applicants with an opportunity to review and comment on draft permits. Authorizes the Agency, without public notice, to modify draft permits. Requires the Agency, to the maximum extent possible, to issue general (rather than site-specific) air permits. Requires the Agency to expedite NPDES permit renewals if certain requirements are met. Authorizes the Illinois Pollution Control Board to adopt rules providing for the issuance of air permits by rule, if it deems that a class of facilities or equipment does not "make a significant contribution of air contaminants to the atmosphere". Requires the Agency to issue permits to the owners or operators of facilities or equipment meeting the requirements of the rules adopted by the Board. Requires the Agency to create common company identification numbers to be used agency-wide to refer to companies that do business in the State. Requires the Agency to create a permit streamlining unit.


LRB097 06754 JDS 46842 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3572LRB097 06754 JDS 46842 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 4 and 39 and by adding Section 39.6 as
6follows:
 
7    (415 ILCS 5/4)  (from Ch. 111 1/2, par. 1004)
8    Sec. 4. Environmental Protection Agency; establishment;
9duties.
10    (a) There is established in the Executive Branch of the
11State Government an agency to be known as the Environmental
12Protection Agency. This Agency shall be under the supervision
13and direction of a Director who shall be appointed by the
14Governor with the advice and consent of the Senate. The term of
15office of the Director shall expire on the third Monday of
16January in odd numbered years, provided that he or she shall
17hold office until a successor is appointed and has qualified.
18The Director shall receive an annual salary as set by the
19Compensation Review Board. The Director, in accord with the
20Personnel Code, shall employ and direct such personnel, and
21shall provide for such laboratory and other facilities, as may
22be necessary to carry out the purposes of this Act. In
23addition, the Director may by agreement secure such services as

 

 

HB3572- 2 -LRB097 06754 JDS 46842 b

1he or she may deem necessary from any other department, agency,
2or unit of the State Government, and may employ and compensate
3such consultants and technical assistants as may be required.
4    (b) The Agency shall have the duty to collect and
5disseminate such information, acquire such technical data, and
6conduct such experiments as may be required to carry out the
7purposes of this Act, including ascertainment of the quantity
8and nature of discharges from any contaminant source and data
9on those sources, and to operate and arrange for the operation
10of devices for the monitoring of environmental quality.
11    (c) The Agency shall have authority to conduct a program of
12continuing surveillance and of regular or periodic inspection
13of actual or potential contaminant or noise sources, of public
14water supplies, and of refuse disposal sites.
15    (d) In accordance with constitutional limitations, the
16Agency shall have authority to enter at all reasonable times
17upon any private or public property for the purpose of:
18        (1) Inspecting and investigating to ascertain possible
19    violations of this Act, any rule or regulation adopted
20    under this Act, any permit or term or condition of a
21    permit, or any Board order; or
22        (2) In accordance with the provisions of this Act,
23    taking whatever preventive or corrective action, including
24    but not limited to removal or remedial action, that is
25    necessary or appropriate whenever there is a release or a
26    substantial threat of a release of (A) a hazardous

 

 

HB3572- 3 -LRB097 06754 JDS 46842 b

1    substance or pesticide or (B) petroleum from an underground
2    storage tank.
3    (e) The Agency shall have the duty to investigate
4violations of this Act, any rule or regulation adopted under
5this Act, any permit or term or condition of a permit, or any
6Board order; to issue administrative citations as provided in
7Section 31.1 of this Act; and to take such summary enforcement
8action as is provided for by Section 34 of this Act.
9    (f) The Agency shall appear before the Board in any hearing
10upon a petition for variance, the denial of a permit, or the
11validity or effect of a rule or regulation of the Board, and
12shall have the authority to appear before the Board in any
13hearing under the Act.
14    (g) The Agency shall have the duty to administer, in accord
15with Title X of this Act, such permit and certification systems
16as may be established by this Act or by regulations adopted
17thereunder. The Agency may enter into written delegation
18agreements with any department, agency, or unit of State or
19local government under which all or portions of this duty may
20be delegated for public water supply storage and transport
21systems, sewage collection and transport systems, air
22pollution control sources with uncontrolled emissions of 100
23tons per year or less and application of algicides to waters of
24the State. Such delegation agreements will require that the
25work to be performed thereunder will be in accordance with
26Agency criteria, subject to Agency review, and shall include

 

 

HB3572- 4 -LRB097 06754 JDS 46842 b

1such financial and program auditing by the Agency as may be
2required.
3    (h) The Agency shall have authority to require the
4submission of complete plans and specifications from any
5applicant for a permit required by this Act or by regulations
6thereunder, and to require the submission of such reports
7regarding actual or potential violations of this Act, any rule
8or regulation adopted under this Act, any permit or term or
9condition of a permit, or any Board order, as may be necessary
10for the purposes of this Act.
11    (i) The Agency shall have authority to make recommendations
12to the Board for the adoption of regulations under Title VII of
13the Act.
14    (j) The Agency shall have the duty to represent the State
15of Illinois in any and all matters pertaining to plans,
16procedures, or negotiations for interstate compacts or other
17governmental arrangements relating to environmental
18protection.
19    (k) The Agency shall have the authority to accept, receive,
20and administer on behalf of the State any grants, gifts, loans,
21indirect cost reimbursements, or other funds made available to
22the State from any source for purposes of this Act or for air
23or water pollution control, public water supply, solid waste
24disposal, noise abatement, or other environmental protection
25activities, surveys, or programs. Any federal funds received by
26the Agency pursuant to this subsection shall be deposited in a

 

 

HB3572- 5 -LRB097 06754 JDS 46842 b

1trust fund with the State Treasurer and held and disbursed by
2him in accordance with Treasurer as Custodian of Funds Act,
3provided that such monies shall be used only for the purposes
4for which they are contributed and any balance remaining shall
5be returned to the contributor.
6    The Agency is authorized to promulgate such regulations and
7enter into such contracts as it may deem necessary for carrying
8out the provisions of this subsection.
9    (l) The Agency is hereby designated as water pollution
10agency for the state for all purposes of the Federal Water
11Pollution Control Act, as amended; as implementing agency for
12the State for all purposes of the Safe Drinking Water Act,
13Public Law 93-523, as now or hereafter amended, except Section
141425 of that Act; as air pollution agency for the state for all
15purposes of the Clean Air Act of 1970, Public Law 91-604,
16approved December 31, 1970, as amended; and as solid waste
17agency for the state for all purposes of the Solid Waste
18Disposal Act, Public Law 89-272, approved October 20, 1965, and
19amended by the Resource Recovery Act of 1970, Public Law
2091-512, approved October 26, 1970, as amended, and amended by
21the Resource Conservation and Recovery Act of 1976, (P.L.
2294-580) approved October 21, 1976, as amended; as noise control
23agency for the state for all purposes of the Noise Control Act
24of 1972, Public Law 92-574, approved October 27, 1972, as
25amended; and as implementing agency for the State for all
26purposes of the Comprehensive Environmental Response,

 

 

HB3572- 6 -LRB097 06754 JDS 46842 b

1Compensation, and Liability Act of 1980 (P.L. 96-510), as
2amended; and otherwise as pollution control agency for the
3State pursuant to federal laws integrated with the foregoing
4laws, for financing purposes or otherwise. The Agency is hereby
5authorized to take all action necessary or appropriate to
6secure to the State the benefits of such federal Acts, provided
7that the Agency shall transmit to the United States without
8change any standards adopted by the Pollution Control Board
9pursuant to Section 5(c) of this Act. This subsection (l) of
10Section 4 shall not be construed to bar or prohibit the
11Environmental Protection Trust Fund Commission from accepting,
12receiving, and administering on behalf of the State any grants,
13gifts, loans or other funds for which the Commission is
14eligible pursuant to the Environmental Protection Trust Fund
15Act. The Agency is hereby designated as the State agency for
16all purposes of administering the requirements of Section 313
17of the federal Emergency Planning and Community Right-to-Know
18Act of 1986.
19    Any municipality, sanitary district, or other political
20subdivision, or any Agency of the State or interstate Agency,
21which makes application for loans or grants under such federal
22Acts shall notify the Agency of such application; the Agency
23may participate in proceedings under such federal Acts.
24    (m) The Agency shall have authority, consistent with
25Section 5(c) and other provisions of this Act, and for purposes
26of Section 303(e) of the Federal Water Pollution Control Act,

 

 

HB3572- 7 -LRB097 06754 JDS 46842 b

1as now or hereafter amended, to engage in planning processes
2and activities and to develop plans in cooperation with units
3of local government, state agencies and officers, and other
4appropriate persons in connection with the jurisdiction or
5duties of each such unit, agency, officer or person. Public
6hearings shall be held on the planning process, at which any
7person shall be permitted to appear and be heard, pursuant to
8procedural regulations promulgated by the Agency.
9    (n) In accordance with the powers conferred upon the Agency
10by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
11Agency shall have authority to establish and enforce minimum
12standards for the operation of laboratories relating to
13analyses and laboratory tests for air pollution, water
14pollution, noise emissions, contaminant discharges onto land
15and sanitary, chemical, and mineral quality of water
16distributed by a public water supply. The Agency may enter into
17formal working agreements with other departments or agencies of
18state government under which all or portions of this authority
19may be delegated to the cooperating department or agency.
20    (o) The Agency shall have the authority to issue
21certificates of competency to persons and laboratories meeting
22the minimum standards established by the Agency in accordance
23with Section 4(n) of this Act and to promulgate and enforce
24regulations relevant to the issuance and use of such
25certificates. The Agency may enter into formal working
26agreements with other departments or agencies of state

 

 

HB3572- 8 -LRB097 06754 JDS 46842 b

1government under which all or portions of this authority may be
2delegated to the cooperating department or agency.
3    (p) Except as provided in Section 17.7, the Agency shall
4have the duty to analyze samples as required from each public
5water supply to determine compliance with the contaminant
6levels specified by the Pollution Control Board. The maximum
7number of samples which the Agency shall be required to analyze
8for microbiological quality shall be 6 per month, but the
9Agency may, at its option, analyze a larger number each month
10for any supply. Results of sample analyses for additional
11required bacteriological testing, turbidity, residual chlorine
12and radionuclides are to be provided to the Agency in
13accordance with Section 19. Owners of water supplies may enter
14into agreements with the Agency to provide for reduced Agency
15participation in sample analyses.
16    (q) The Agency shall have the authority to provide notice
17to any person who may be liable pursuant to Section 22.2(f) of
18this Act for a release or a substantial threat of a release of
19a hazardous substance or pesticide. Such notice shall include
20the identified response action and an opportunity for such
21person to perform the response action.
22    (r) The Agency may enter into written delegation agreements
23with any unit of local government under which it may delegate
24all or portions of its inspecting, investigating and
25enforcement functions. Such delegation agreements shall
26require that work performed thereunder be in accordance with

 

 

HB3572- 9 -LRB097 06754 JDS 46842 b

1Agency criteria and subject to Agency review. Notwithstanding
2any other provision of law to the contrary, no unit of local
3government shall be liable for any injury resulting from the
4exercise of its authority pursuant to such a delegation
5agreement unless the injury is proximately caused by the
6willful and wanton negligence of an agent or employee of the
7unit of local government, and any policy of insurance coverage
8issued to a unit of local government may provide for the denial
9of liability and the nonpayment of claims based upon injuries
10for which the unit of local government is not liable pursuant
11to this subsection (r).
12    (s) The Agency shall have authority to take whatever
13preventive or corrective action is necessary or appropriate,
14including but not limited to expenditure of monies appropriated
15from the Build Illinois Bond Fund and the Build Illinois
16Purposes Fund for removal or remedial action, whenever any
17hazardous substance or pesticide is released or there is a
18substantial threat of such a release into the environment. The
19State, the Director, and any State employee shall be
20indemnified for any damages or injury arising out of or
21resulting from any action taken under this subsection. The
22Director of the Agency is authorized to enter into such
23contracts and agreements as are necessary to carry out the
24Agency's duties under this subsection.
25    (t) The Agency shall have authority to distribute grants,
26subject to appropriation by the General Assembly, to units of

 

 

HB3572- 10 -LRB097 06754 JDS 46842 b

1local government for financing and construction of wastewater
2facilities in both incorporated and unincorporated areas. With
3respect to all monies appropriated from the Build Illinois Bond
4Fund and the Build Illinois Purposes Fund for wastewater
5facility grants, the Agency shall make distributions in
6conformity with the rules and regulations established pursuant
7to the Anti-Pollution Bond Act, as now or hereafter amended.
8    (u) Pursuant to the Illinois Administrative Procedure Act,
9the Agency shall have the authority to adopt such rules as are
10necessary or appropriate for the Agency to implement Section
1131.1 of this Act.
12    (v) (Blank.)
13    (w) Neither the State, nor the Director, nor the Board, nor
14any State employee shall be liable for any damages or injury
15arising out of or resulting from any action taken under
16subsection (s).
17    (x)(1) The Agency shall have authority to distribute
18    grants, subject to appropriation by the General Assembly,
19    to units of local government for financing and construction
20    of public water supply facilities. With respect to all
21    monies appropriated from the Build Illinois Bond Fund or
22    the Build Illinois Purposes Fund for public water supply
23    grants, such grants shall be made in accordance with rules
24    promulgated by the Agency. Such rules shall include a
25    requirement for a local match of 30% of the total project
26    cost for projects funded through such grants.

 

 

HB3572- 11 -LRB097 06754 JDS 46842 b

1        (2) The Agency shall not terminate a grant to a unit of
2    local government for the financing and construction of
3    public water supply facilities unless and until the Agency
4    adopts rules that set forth precise and complete standards,
5    pursuant to Section 5-20 of the Illinois Administrative
6    Procedure Act, for the termination of such grants. The
7    Agency shall not make determinations on whether specific
8    grant conditions are necessary to ensure the integrity of a
9    project or on whether subagreements shall be awarded, with
10    respect to grants for the financing and construction of
11    public water supply facilities, unless and until the Agency
12    adopts rules that set forth precise and complete standards,
13    pursuant to Section 5-20 of the Illinois Administrative
14    Procedure Act, for making such determinations. The Agency
15    shall not issue a stop-work order in relation to such
16    grants unless and until the Agency adopts precise and
17    complete standards, pursuant to Section 5-20 of the
18    Illinois Administrative Procedure Act, for determining
19    whether to issue a stop-work order.
20    (y) The Agency shall have authority to release any person
21from further responsibility for preventive or corrective
22action under this Act following successful completion of
23preventive or corrective action undertaken by such person upon
24written request by the person.
25    (z) To the extent permitted by any applicable federal law
26or regulation, for all work performed for State construction

 

 

HB3572- 12 -LRB097 06754 JDS 46842 b

1projects which are funded in whole or in part by a capital
2infrastructure bill enacted by the 96th General Assembly by
3sums appropriated to the Environmental Protection Agency, at
4least 50% of the total labor hours must be performed by actual
5residents of the State of Illinois. For purposes of this
6subsection, "actual residents of the State of Illinois" means
7persons domiciled in the State of Illinois. The Department of
8Labor shall promulgate rules providing for the enforcement of
9this subsection.
10    (aa) The Agency shall, for the purpose of identifying
11companies that do business in the State, establish a common
12company identification number to be used agency-wide to refer
13to such companies.
14    (bb) The Agency shall create a permit streamlining unit.
15The unit shall serve to expedite the issuance of air and water
16permits.
17(Source: P.A. 96-37, eff. 7-13-09; 96-503, eff. 8-14-09;
1896-800, eff. 10-30-09; 96-1000, eff. 7-2-10.)
 
19    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
20    Sec. 39. Issuance of permits; procedures.
21    (a) When the Board has by regulation required a permit for
22the construction, installation, or operation of any type of
23facility, equipment, vehicle, vessel, or aircraft, the
24applicant shall apply to the Agency for such permit and it
25shall be the duty of the Agency to issue such a permit upon

 

 

HB3572- 13 -LRB097 06754 JDS 46842 b

1proof by the applicant that the facility, equipment, vehicle,
2vessel, or aircraft will not cause a violation of this Act or
3of regulations hereunder. The Agency shall adopt such
4procedures as are necessary to carry out its duties under this
5Section. In making its determinations on permit applications
6under this Section the Agency may consider prior adjudications
7of noncompliance with this Act by the applicant that involved a
8release of a contaminant into the environment. In granting
9permits, the Agency may impose reasonable conditions
10specifically related to the applicant's past compliance
11history with this Act as necessary to correct, detect, or
12prevent noncompliance. The Agency may impose such other
13conditions as may be necessary to accomplish the purposes of
14this Act, and as are not inconsistent with the regulations
15promulgated by the Board hereunder. Except as otherwise
16provided in this Act, a bond or other security shall not be
17required as a condition for the issuance of a permit. If the
18Agency denies any permit under this Section, the Agency shall
19transmit to the applicant within the time limitations of this
20Section specific, detailed statements as to the reasons the
21permit application was denied. Such statements shall include,
22but not be limited to the following:
23        (i) the Sections of this Act which may be violated if
24    the permit were granted;
25        (ii) the provision of the regulations, promulgated
26    under this Act, which may be violated if the permit were

 

 

HB3572- 14 -LRB097 06754 JDS 46842 b

1    granted;
2        (iii) the specific type of information, if any, which
3    the Agency deems the applicant did not provide the Agency;
4    and
5        (iv) a statement of specific reasons why the Act and
6    the regulations might not be met if the permit were
7    granted.
8    If there is no final action by the Agency within 90 days
9after the filing of the application for permit, the applicant
10may deem the permit issued; except that this time period shall
11be extended to 180 days when (1) notice and opportunity for
12public hearing are required by State or federal law or
13regulation, (2) the application which was filed is for any
14permit to develop a landfill subject to issuance pursuant to
15this subsection, or (3) the application that was filed is for a
16MSWLF unit required to issue public notice under subsection (p)
17of Section 39. The 90-day and 180-day time periods for the
18Agency to take final action do not apply to NPDES permit
19applications under subsection (b) of this Section, to RCRA
20permit applications under subsection (d) of this Section, or to
21UIC permit applications under subsection (e) of this Section.
22    The Agency shall publish notice of all final permit
23determinations for development permits for MSWLF units and for
24significant permit modifications for lateral expansions for
25existing MSWLF units one time in a newspaper of general
26circulation in the county in which the unit is or is proposed

 

 

HB3572- 15 -LRB097 06754 JDS 46842 b

1to be located.
2    After January 1, 1994 and until July 1, 1998, operating
3permits issued under this Section by the Agency for sources of
4air pollution permitted to emit less than 25 tons per year of
5any combination of regulated air pollutants, as defined in
6Section 39.5 of this Act, shall be required to be renewed only
7upon written request by the Agency consistent with applicable
8provisions of this Act and regulations promulgated hereunder.
9Such operating permits shall expire 180 days after the date of
10such a request. The Board shall revise its regulations for the
11existing State air pollution operating permit program
12consistent with this provision by January 1, 1994.
13    After June 30, 1998, operating permits issued under this
14Section by the Agency for sources of air pollution that are not
15subject to Section 39.5 of this Act and are not required to
16have a federally enforceable State operating permit shall be
17required to be renewed only upon written request by the Agency
18consistent with applicable provisions of this Act and its
19rules. Such operating permits shall expire 180 days after the
20date of such a request. Before July 1, 1998, the Board shall
21revise its rules for the existing State air pollution operating
22permit program consistent with this paragraph and shall adopt
23rules that require a source to demonstrate that it qualifies
24for a permit under this paragraph.
25    If requested by the applicant at the time an application
26for a permit is filed, the Agency shall provide the applicant,

 

 

HB3572- 16 -LRB097 06754 JDS 46842 b

1before issuing a public notice for any permit, a brief
2opportunity to review and comment upon a proposed draft permit.
3The Agency shall consider those comments and may modify the
4draft permit before issuing any required public notice or
5permit, as applicable. In the event that the applicant requests
6a pre-public notice review and comment period, the 90-day and
7180-day periods for the Agency to take final action will be
8extended by the length of such review and comment period.
9    The Agency shall, to the extent that doing so is possible
10and consistent with other relevant federal and State law, issue
11general permits for categories of similar sources. Such permits
12shall conform to regulations promulgated for the particular
13program for which the general permit shall apply.
14    Within one year after the effective date of this amendatory
15Act of the 97th General Assembly, the Agency shall make all
16permit applications on-line, editable, and savable files.
17    (b) The Agency may issue NPDES permits exclusively under
18this subsection for the discharge of contaminants from point
19sources into navigable waters, all as defined in the Federal
20Water Pollution Control Act, as now or hereafter amended,
21within the jurisdiction of the State, or into any well.
22    All NPDES permits shall contain those terms and conditions,
23including but not limited to schedules of compliance, which may
24be required to accomplish the purposes and provisions of this
25Act.
26    The Agency may issue general NPDES permits for discharges

 

 

HB3572- 17 -LRB097 06754 JDS 46842 b

1from categories of point sources which are subject to the same
2permit limitations and conditions. Such general permits may be
3issued without individual applications and shall conform to
4regulations promulgated under Section 402 of the Federal Water
5Pollution Control Act, as now or hereafter amended.
6    The Agency may include, among such conditions, effluent
7limitations and other requirements established under this Act,
8Board regulations, the Federal Water Pollution Control Act, as
9now or hereafter amended, and regulations pursuant thereto, and
10schedules for achieving compliance therewith at the earliest
11reasonable date.
12    The Agency shall adopt filing requirements and procedures
13which are necessary and appropriate for the issuance of NPDES
14permits, and which are consistent with the Act or regulations
15adopted by the Board, and with the Federal Water Pollution
16Control Act, as now or hereafter amended, and regulations
17pursuant thereto.
18    The Agency, subject to any conditions which may be
19prescribed by Board regulations, may issue NPDES permits to
20allow discharges beyond deadlines established by this Act or by
21regulations of the Board without the requirement of a variance,
22subject to the Federal Water Pollution Control Act, as now or
23hereafter amended, and regulations pursuant thereto.
24    The Agency shall adopt an expedited process for those NPDES
25permit renewals where the applicant certifies that no change is
26included in the renewal.

 

 

HB3572- 18 -LRB097 06754 JDS 46842 b

1    (c) Except for those facilities owned or operated by
2sanitary districts organized under the Metropolitan Water
3Reclamation District Act, no permit for the development or
4construction of a new pollution control facility may be granted
5by the Agency unless the applicant submits proof to the Agency
6that the location of the facility has been approved by the
7County Board of the county if in an unincorporated area, or the
8governing body of the municipality when in an incorporated
9area, in which the facility is to be located in accordance with
10Section 39.2 of this Act. For purposes of this subsection (c),
11and for purposes of Section 39.2 of this Act, the appropriate
12county board or governing body of the municipality shall be the
13county board of the county or the governing body of the
14municipality in which the facility is to be located as of the
15date when the application for siting approval is filed.
16    In the event that siting approval granted pursuant to
17Section 39.2 has been transferred to a subsequent owner or
18operator, that subsequent owner or operator may apply to the
19Agency for, and the Agency may grant, a development or
20construction permit for the facility for which local siting
21approval was granted. Upon application to the Agency for a
22development or construction permit by that subsequent owner or
23operator, the permit applicant shall cause written notice of
24the permit application to be served upon the appropriate county
25board or governing body of the municipality that granted siting
26approval for that facility and upon any party to the siting

 

 

HB3572- 19 -LRB097 06754 JDS 46842 b

1proceeding pursuant to which siting approval was granted. In
2that event, the Agency shall conduct an evaluation of the
3subsequent owner or operator's prior experience in waste
4management operations in the manner conducted under subsection
5(i) of Section 39 of this Act.
6    Beginning August 20, 1993, if the pollution control
7facility consists of a hazardous or solid waste disposal
8facility for which the proposed site is located in an
9unincorporated area of a county with a population of less than
10100,000 and includes all or a portion of a parcel of land that
11was, on April 1, 1993, adjacent to a municipality having a
12population of less than 5,000, then the local siting review
13required under this subsection (c) in conjunction with any
14permit applied for after that date shall be performed by the
15governing body of that adjacent municipality rather than the
16county board of the county in which the proposed site is
17located; and for the purposes of that local siting review, any
18references in this Act to the county board shall be deemed to
19mean the governing body of that adjacent municipality;
20provided, however, that the provisions of this paragraph shall
21not apply to any proposed site which was, on April 1, 1993,
22owned in whole or in part by another municipality.
23    In the case of a pollution control facility for which a
24development permit was issued before November 12, 1981, if an
25operating permit has not been issued by the Agency prior to
26August 31, 1989 for any portion of the facility, then the

 

 

HB3572- 20 -LRB097 06754 JDS 46842 b

1Agency may not issue or renew any development permit nor issue
2an original operating permit for any portion of such facility
3unless the applicant has submitted proof to the Agency that the
4location of the facility has been approved by the appropriate
5county board or municipal governing body pursuant to Section
639.2 of this Act.
7    After January 1, 1994, if a solid waste disposal facility,
8any portion for which an operating permit has been issued by
9the Agency, has not accepted waste disposal for 5 or more
10consecutive calendars years, before that facility may accept
11any new or additional waste for disposal, the owner and
12operator must obtain a new operating permit under this Act for
13that facility unless the owner and operator have applied to the
14Agency for a permit authorizing the temporary suspension of
15waste acceptance. The Agency may not issue a new operation
16permit under this Act for the facility unless the applicant has
17submitted proof to the Agency that the location of the facility
18has been approved or re-approved by the appropriate county
19board or municipal governing body under Section 39.2 of this
20Act after the facility ceased accepting waste.
21    Except for those facilities owned or operated by sanitary
22districts organized under the Metropolitan Water Reclamation
23District Act, and except for new pollution control facilities
24governed by Section 39.2, and except for fossil fuel mining
25facilities, the granting of a permit under this Act shall not
26relieve the applicant from meeting and securing all necessary

 

 

HB3572- 21 -LRB097 06754 JDS 46842 b

1zoning approvals from the unit of government having zoning
2jurisdiction over the proposed facility.
3    Before beginning construction on any new sewage treatment
4plant or sludge drying site to be owned or operated by a
5sanitary district organized under the Metropolitan Water
6Reclamation District Act for which a new permit (rather than
7the renewal or amendment of an existing permit) is required,
8such sanitary district shall hold a public hearing within the
9municipality within which the proposed facility is to be
10located, or within the nearest community if the proposed
11facility is to be located within an unincorporated area, at
12which information concerning the proposed facility shall be
13made available to the public, and members of the public shall
14be given the opportunity to express their views concerning the
15proposed facility.
16    The Agency may issue a permit for a municipal waste
17transfer station without requiring approval pursuant to
18Section 39.2 provided that the following demonstration is made:
19        (1) the municipal waste transfer station was in
20    existence on or before January 1, 1979 and was in
21    continuous operation from January 1, 1979 to January 1,
22    1993;
23        (2) the operator submitted a permit application to the
24    Agency to develop and operate the municipal waste transfer
25    station during April of 1994;
26        (3) the operator can demonstrate that the county board

 

 

HB3572- 22 -LRB097 06754 JDS 46842 b

1    of the county, if the municipal waste transfer station is
2    in an unincorporated area, or the governing body of the
3    municipality, if the station is in an incorporated area,
4    does not object to resumption of the operation of the
5    station; and
6        (4) the site has local zoning approval.
7    (d) The Agency may issue RCRA permits exclusively under
8this subsection to persons owning or operating a facility for
9the treatment, storage, or disposal of hazardous waste as
10defined under this Act.
11    All RCRA permits shall contain those terms and conditions,
12including but not limited to schedules of compliance, which may
13be required to accomplish the purposes and provisions of this
14Act. The Agency may include among such conditions standards and
15other requirements established under this Act, Board
16regulations, the Resource Conservation and Recovery Act of 1976
17(P.L. 94-580), as amended, and regulations pursuant thereto,
18and may include schedules for achieving compliance therewith as
19soon as possible. The Agency shall require that a performance
20bond or other security be provided as a condition for the
21issuance of a RCRA permit.
22    In the case of a permit to operate a hazardous waste or PCB
23incinerator as defined in subsection (k) of Section 44, the
24Agency shall require, as a condition of the permit, that the
25operator of the facility perform such analyses of the waste to
26be incinerated as may be necessary and appropriate to ensure

 

 

HB3572- 23 -LRB097 06754 JDS 46842 b

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

 

 

HB3572- 24 -LRB097 06754 JDS 46842 b

1amended, and regulations pursuant thereto, and may include
2schedules for achieving compliance therewith. The Agency shall
3require that a performance bond or other security be provided
4as a condition for the issuance of a UIC permit.
5    The Agency shall adopt filing requirements and procedures
6which are necessary and appropriate for the issuance of UIC
7permits, and which are consistent with the Act or regulations
8adopted by the Board, and with the Safe Drinking Water Act
9(P.L. 93-523), as amended, and regulations pursuant thereto.
10    The applicant shall make available to the public for
11inspection, all documents submitted by the applicant to the
12Agency in furtherance of an application, with the exception of
13trade secrets, at the office of the county board or governing
14body of the municipality. Such documents may be copied upon
15payment of the actual cost of reproduction during regular
16business hours of the local office. The Agency shall issue a
17written statement concurrent with its grant or denial of the
18permit explaining the basis for its decision.
19    (f) In making any determination pursuant to Section 9.1 of
20this Act:
21        (1) The Agency shall have authority to make the
22    determination of any question required to be determined by
23    the Clean Air Act, as now or hereafter amended, this Act,
24    or the regulations of the Board, including the
25    determination of the Lowest Achievable Emission Rate,
26    Maximum Achievable Control Technology, or Best Available

 

 

HB3572- 25 -LRB097 06754 JDS 46842 b

1    Control Technology, consistent with the Board's
2    regulations, if any.
3        (2) The Agency shall, after conferring with the
4    applicant, give written notice to the applicant of its
5    proposed decision on the application including the terms
6    and conditions of the permit to be issued and the facts,
7    conduct or other basis upon which the Agency will rely to
8    support its proposed action.
9        (3) Following such notice, the Agency shall give the
10    applicant an opportunity for a hearing in accordance with
11    the provisions of Sections 10-25 through 10-60 of the
12    Illinois Administrative Procedure Act.
13    (g) The Agency shall include as conditions upon all permits
14issued for hazardous waste disposal sites such restrictions
15upon the future use of such sites as are reasonably necessary
16to protect public health and the environment, including
17permanent prohibition of the use of such sites for purposes
18which may create an unreasonable risk of injury to human health
19or to the environment. After administrative and judicial
20challenges to such restrictions have been exhausted, the Agency
21shall file such restrictions of record in the Office of the
22Recorder of the county in which the hazardous waste disposal
23site is located.
24    (h) A hazardous waste stream may not be deposited in a
25permitted hazardous waste site unless specific authorization
26is obtained from the Agency by the generator and disposal site

 

 

HB3572- 26 -LRB097 06754 JDS 46842 b

1owner and operator for the deposit of that specific hazardous
2waste stream. The Agency may grant specific authorization for
3disposal of hazardous waste streams only after the generator
4has reasonably demonstrated that, considering technological
5feasibility and economic reasonableness, the hazardous waste
6cannot be reasonably recycled for reuse, nor incinerated or
7chemically, physically or biologically treated so as to
8neutralize the hazardous waste and render it nonhazardous. In
9granting authorization under this Section, the Agency may
10impose such conditions as may be necessary to accomplish the
11purposes of the Act and are consistent with this Act and
12regulations promulgated by the Board hereunder. If the Agency
13refuses to grant authorization under this Section, the
14applicant may appeal as if the Agency refused to grant a
15permit, pursuant to the provisions of subsection (a) of Section
1640 of this Act. For purposes of this subsection (h), the term
17"generator" has the meaning given in Section 3.205 of this Act,
18unless: (1) the hazardous waste is treated, incinerated, or
19partially recycled for reuse prior to disposal, in which case
20the last person who treats, incinerates, or partially recycles
21the hazardous waste prior to disposal is the generator; or (2)
22the hazardous waste is from a response action, in which case
23the person performing the response action is the generator.
24This subsection (h) does not apply to any hazardous waste that
25is restricted from land disposal under 35 Ill. Adm. Code 728.
26    (i) Before issuing any RCRA permit, any permit for a waste

 

 

HB3572- 27 -LRB097 06754 JDS 46842 b

1storage site, sanitary landfill, waste disposal site, waste
2transfer station, waste treatment facility, waste incinerator,
3or any waste-transportation operation, or any permit or interim
4authorization for a clean construction or demolition debris
5fill operation, the Agency shall conduct an evaluation of the
6prospective owner's or operator's prior experience in waste
7management operations and clean construction or demolition
8debris fill operations. The Agency may deny such a permit, or
9deny or revoke interim authorization, if the prospective owner
10or operator or any employee or officer of the prospective owner
11or 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 clean
15    construction or demolition debris fill operation
16    facilities or sites; or
17        (2) conviction in this or another State of any crime
18    which is a felony under the laws of this State, or
19    conviction of a felony in a federal court; or conviction in
20    this or another state or federal court of any of the
21    following crimes: forgery, official misconduct, bribery,
22    perjury, or knowingly submitting false information under
23    any environmental law, regulation, or permit term or
24    condition; or
25        (3) proof of gross carelessness or incompetence in
26    handling, storing, processing, transporting or disposing

 

 

HB3572- 28 -LRB097 06754 JDS 46842 b

1    of waste or clean construction or demolition debris, or
2    proof of gross carelessness or incompetence in using clean
3    construction or demolition debris as fill.
4    (i-5) Before issuing any permit or approving any interim
5authorization for a clean construction or demolition debris
6fill operation in which any ownership interest is transferred
7between January 1, 2005, and the effective date of the
8prohibition set forth in Section 22.52 of this Act, the Agency
9shall conduct an evaluation of the operation if any previous
10activities at the site or facility may have caused or allowed
11contamination of the site. It shall be the responsibility of
12the owner or operator seeking the permit or interim
13authorization to provide to the Agency all of the information
14necessary for the Agency to conduct its evaluation. The Agency
15may deny a permit or interim authorization if previous
16activities at the site may have caused or allowed contamination
17at the site, unless such contamination is authorized under any
18permit issued by the Agency.
19    (j) The issuance under this Act of a permit to engage in
20the surface mining of any resources other than fossil fuels
21shall not relieve the permittee from its duty to comply with
22any applicable local law regulating the commencement, location
23or operation of surface mining facilities.
24    (k) A development permit issued under subsection (a) of
25Section 39 for any facility or site which is required to have a
26permit under subsection (d) of Section 21 shall expire at the

 

 

HB3572- 29 -LRB097 06754 JDS 46842 b

1end of 2 calendar years from the date upon which it was issued,
2unless within that period the applicant has taken action to
3develop the facility or the site. In the event that review of
4the conditions of the development permit is sought pursuant to
5Section 40 or 41, or permittee is prevented from commencing
6development of the facility or site by any other litigation
7beyond the permittee's control, such two-year period shall be
8deemed to begin on the date upon which such review process or
9litigation is concluded.
10    (l) No permit shall be issued by the Agency under this Act
11for construction or operation of any facility or site located
12within the boundaries of any setback zone established pursuant
13to this Act, where such construction or operation is
14prohibited.
15    (m) The Agency may issue permits to persons owning or
16operating a facility for composting landscape waste. In
17granting such permits, the Agency may impose such conditions as
18may be necessary to accomplish the purposes of this Act, and as
19are not inconsistent with applicable regulations promulgated
20by the Board. Except as otherwise provided in this Act, a bond
21or other security shall not be required as a condition for the
22issuance of a permit. If the Agency denies any permit pursuant
23to this subsection, the Agency shall transmit to the applicant
24within the time limitations of this subsection specific,
25detailed statements as to the reasons the permit application
26was denied. Such statements shall include but not be limited to

 

 

HB3572- 30 -LRB097 06754 JDS 46842 b

1the following:
2        (1) the Sections of this Act that may be violated if
3    the permit were granted;
4        (2) the specific regulations promulgated pursuant to
5    this Act that may be violated if the permit were granted;
6        (3) the specific information, if any, the Agency deems
7    the applicant did not provide in its application to the
8    Agency; and
9        (4) a statement of specific reasons why the Act and the
10    regulations might be violated if the permit were granted.
11    If no final action is taken by the Agency within 90 days
12after the filing of the application for permit, the applicant
13may deem the permit issued. Any applicant for a permit may
14waive the 90 day limitation by filing a written statement with
15the Agency.
16    The Agency shall issue permits for such facilities upon
17receipt of an application that includes a legal description of
18the site, a topographic map of the site drawn to the scale of
19200 feet to the inch or larger, a description of the operation,
20including the area served, an estimate of the volume of
21materials to be processed, and documentation that:
22        (1) the facility includes a setback of at least 200
23    feet from the nearest potable water supply well;
24        (2) the facility is located outside the boundary of the
25    10-year floodplain or the site will be floodproofed;
26        (3) the facility is located so as to minimize

 

 

HB3572- 31 -LRB097 06754 JDS 46842 b

1    incompatibility with the character of the surrounding
2    area, including at least a 200 foot setback from any
3    residence, and in the case of a facility that is developed
4    or the permitted composting area of which is expanded after
5    November 17, 1991, the composting area is located at least
6    1/8 mile from the nearest residence (other than a residence
7    located on the same property as the facility);
8        (4) the design of the facility will prevent any compost
9    material from being placed within 5 feet of the water
10    table, will adequately control runoff from the site, and
11    will collect and manage any leachate that is generated on
12    the site;
13        (5) the operation of the facility will include
14    appropriate dust and odor control measures, limitations on
15    operating hours, appropriate noise control measures for
16    shredding, chipping and similar equipment, management
17    procedures for composting, containment and disposal of
18    non-compostable wastes, procedures to be used for
19    terminating operations at the site, and recordkeeping
20    sufficient to document the amount of materials received,
21    composted and otherwise disposed of; and
22        (6) the operation will be conducted in accordance with
23    any applicable rules adopted by the Board.
24    The Agency shall issue renewable permits of not longer than
2510 years in duration for the composting of landscape wastes, as
26defined in Section 3.155 of this Act, based on the above

 

 

HB3572- 32 -LRB097 06754 JDS 46842 b

1requirements.
2    The operator of any facility permitted under this
3subsection (m) must submit a written annual statement to the
4Agency on or before April 1 of each year that includes an
5estimate of the amount of material, in tons, received for
6composting.
7    (n) The Agency shall issue permits jointly with the
8Department of Transportation for the dredging or deposit of
9material in Lake Michigan in accordance with Section 18 of the
10Rivers, Lakes, and Streams Act.
11    (o) (Blank.)
12    (p) (1) Any person submitting an application for a permit
13for a new MSWLF unit or for a lateral expansion under
14subsection (t) of Section 21 of this Act for an existing MSWLF
15unit that has not received and is not subject to local siting
16approval under Section 39.2 of this Act shall publish notice of
17the application in a newspaper of general circulation in the
18county in which the MSWLF unit is or is proposed to be located.
19The notice must be published at least 15 days before submission
20of the permit application to the Agency. The notice shall state
21the name and address of the applicant, the location of the
22MSWLF unit or proposed MSWLF unit, the nature and size of the
23MSWLF unit or proposed MSWLF unit, the nature of the activity
24proposed, the probable life of the proposed activity, the date
25the permit application will be submitted, and a statement that
26persons may file written comments with the Agency concerning

 

 

HB3572- 33 -LRB097 06754 JDS 46842 b

1the permit application within 30 days after the filing of the
2permit application unless the time period to submit comments is
3extended by the Agency.
4    When a permit applicant submits information to the Agency
5to supplement a permit application being reviewed by the
6Agency, the applicant shall not be required to reissue the
7notice under this subsection.
8    (2) The Agency shall accept written comments concerning the
9permit application that are postmarked no later than 30 days
10after the filing of the permit application, unless the time
11period to accept comments is extended by the Agency.
12    (3) Each applicant for a permit described in part (1) of
13this subsection shall file a copy of the permit application
14with the county board or governing body of the municipality in
15which the MSWLF unit is or is proposed to be located at the
16same time the application is submitted to the Agency. The
17permit application filed with the county board or governing
18body of the municipality shall include all documents submitted
19to or to be submitted to the Agency, except trade secrets as
20determined under Section 7.1 of this Act. The permit
21application and other documents on file with the county board
22or governing body of the municipality shall be made available
23for public inspection during regular business hours at the
24office of the county board or the governing body of the
25municipality and may be copied upon payment of the actual cost
26of reproduction.

 

 

HB3572- 34 -LRB097 06754 JDS 46842 b

1(Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06;
295-288, eff. 8-20-07.)
 
3    (415 ILCS 5/39.6 new)
4    Sec. 39.6. Air permits by rule.
5    (a) The Board may, by rule, adopt air permits for classes
6of facilities or equipment that it finds will not make a
7significant contribution of air contaminants to the
8atmosphere. The Board may not, by rule, adopt an air permit
9authorizing a source defined as "major" under any applicable
10preconstruction permitting requirements of the federal Clean
11Air Act or regulations adopted under that Act.
12    (b) The Board shall, by rule, specifically define the terms
13and conditions for granting a permit under this Section.
14    (c) The Agency shall issue permits to the owners or
15operators of facilities or equipment that satisfy the
16requirements established by Board rule under this Section.
17    (d) The Board shall expedite the rulemakings for permits
18issued under this Section.