Illinois General Assembly - Full Text of SB2380
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Full Text of SB2380  102nd General Assembly

SB2380 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2380

 

Introduced 2/26/2021, by Sen. Laura Fine

 

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

    Amends the Environmental Protection Act. Makes a technical change in a Section concerning the issuance and procedures of permits.


LRB102 14555 CPF 19908 b

 

 

A BILL FOR

 

SB2380LRB102 14555 CPF 19908 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 Section 39 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 the Board has by regulation required a permit
9for the construction, installation, or operation of any type
10of facility, equipment, vehicle, vessel, or aircraft, the
11applicant shall apply to the Agency for such permit and it
12shall be the duty of the Agency to issue such a permit upon
13proof by the applicant that the facility, equipment, vehicle,
14vessel, or aircraft will not cause a violation of this Act or
15of regulations hereunder. The Agency shall adopt such
16procedures as are necessary to carry out its duties under this
17Section. In making its determinations on permit applications
18under this Section the Agency may consider prior adjudications
19of noncompliance with this Act by the applicant that involved
20a release of a contaminant into the environment. In granting
21permits, the Agency may impose reasonable conditions
22specifically related to the applicant's past compliance
23history with this Act as necessary to correct, detect, or

 

 

SB2380- 2 -LRB102 14555 CPF 19908 b

1prevent noncompliance. The Agency may impose such other
2conditions as may be necessary to accomplish the purposes of
3this Act, and as are not inconsistent with the regulations
4promulgated by the Board hereunder. Except as otherwise
5provided in this Act, a bond or other security shall not be
6required as a condition for the issuance of a permit. If the
7Agency denies any permit under this Section, the Agency shall
8transmit to the applicant within the time limitations of this
9Section specific, detailed statements as to the reasons the
10permit application was denied. Such statements shall include,
11but not be limited to the following:
12        (i) the Sections of this Act which may be violated if
13    the permit were granted;
14        (ii) the provision of the regulations, promulgated
15    under this Act, which may be violated if the permit were
16    granted;
17        (iii) the specific type of information, if any, which
18    the Agency deems the applicant did not provide the Agency;
19    and
20        (iv) a statement of specific reasons why the Act and
21    the regulations might not be met if the permit were
22    granted.
23    If there is no final action by the Agency within 90 days
24after the filing of the application for permit, the applicant
25may deem the permit issued; except that this time period shall
26be extended to 180 days when (1) notice and opportunity for

 

 

SB2380- 3 -LRB102 14555 CPF 19908 b

1public hearing are required by State or federal law or
2regulation, (2) the application which was filed is for any
3permit to develop a landfill subject to issuance pursuant to
4this subsection, or (3) the application that was filed is for a
5MSWLF unit required to issue public notice under subsection
6(p) of Section 39. The 90-day and 180-day time periods for the
7Agency to take final action do not apply to NPDES permit
8applications under subsection (b) of this Section, to RCRA
9permit applications under subsection (d) of this Section, to
10UIC permit applications under subsection (e) of this Section,
11or to CCR surface impoundment applications under subsection
12(y) of this Section.
13    The Agency shall publish notice of all final permit
14determinations for development permits for MSWLF units and for
15significant permit modifications for lateral expansions for
16existing MSWLF units one time in a newspaper of general
17circulation in the county in which the unit is or is proposed
18to be located.
19    After January 1, 1994 and until July 1, 1998, operating
20permits issued under this Section by the Agency for sources of
21air pollution permitted to emit less than 25 tons per year of
22any combination of regulated air pollutants, as defined in
23Section 39.5 of this Act, shall be required to be renewed only
24upon written request by the Agency consistent with applicable
25provisions of this Act and regulations promulgated hereunder.
26Such operating permits shall expire 180 days after the date of

 

 

SB2380- 4 -LRB102 14555 CPF 19908 b

1such a request. The Board shall revise its regulations for the
2existing State air pollution operating permit program
3consistent with this provision by January 1, 1994.
4    After June 30, 1998, operating permits issued under this
5Section by the Agency for sources of air pollution that are not
6subject to Section 39.5 of this Act and are not required to
7have a federally enforceable State operating permit shall be
8required to be renewed only upon written request by the Agency
9consistent with applicable provisions of this Act and its
10rules. Such operating permits shall expire 180 days after the
11date of such a request. Before July 1, 1998, the Board shall
12revise its rules for the existing State air pollution
13operating permit program consistent with this paragraph and
14shall adopt rules that require a source to demonstrate that it
15qualifies for a permit under this paragraph.
16    (b) The Agency may issue NPDES permits exclusively under
17this subsection for the discharge of contaminants from point
18sources into navigable waters, all as defined in the Federal
19Water Pollution Control Act, as now or hereafter amended,
20within the jurisdiction of the State, or into any well.
21    All NPDES permits shall contain those terms and
22conditions, including, but not limited to, schedules of
23compliance, which may be required to accomplish the purposes
24and provisions of this Act.
25    The Agency may issue general NPDES permits for discharges
26from categories of point sources which are subject to the same

 

 

SB2380- 5 -LRB102 14555 CPF 19908 b

1permit limitations and conditions. Such general permits may be
2issued without individual applications and shall conform to
3regulations promulgated under Section 402 of the Federal Water
4Pollution Control Act, as now or hereafter amended.
5    The Agency may include, among such conditions, effluent
6limitations and other requirements established under this Act,
7Board regulations, the Federal Water Pollution Control Act, as
8now or hereafter amended, and regulations pursuant thereto,
9and schedules for achieving compliance therewith at the
10earliest reasonable date.
11    The Agency shall adopt filing requirements and procedures
12which are necessary and appropriate for the issuance of NPDES
13permits, and which are consistent with the Act or regulations
14adopted by the Board, and with the Federal Water Pollution
15Control Act, as now or hereafter amended, and regulations
16pursuant thereto.
17    The Agency, subject to any conditions which may be
18prescribed by Board regulations, may issue NPDES permits to
19allow discharges beyond deadlines established by this Act or
20by regulations of the Board without the requirement of a
21variance, subject to the Federal Water Pollution Control Act,
22as now or hereafter amended, and regulations pursuant thereto.
23    (c) Except for those facilities owned or operated by
24sanitary districts organized under the Metropolitan Water
25Reclamation District Act, no permit for the development or
26construction of a new pollution control facility may be

 

 

SB2380- 6 -LRB102 14555 CPF 19908 b

1granted by the Agency unless the applicant submits proof to
2the Agency that the location of the facility has been approved
3by the county board County Board of the county if in an
4unincorporated area, or the governing body of the municipality
5when in an incorporated area, in which the facility is to be
6located in accordance with Section 39.2 of this Act. For
7purposes of this subsection (c), and for purposes of Section
839.2 of this Act, the appropriate county board or governing
9body of the municipality shall be the county board of the
10county or the governing body of the municipality in which the
11facility is to be located as of the date when the application
12for siting approval is filed.
13    In the event that siting approval granted pursuant to
14Section 39.2 has been transferred to a subsequent owner or
15operator, that subsequent owner or operator may apply to the
16Agency for, and the Agency may grant, a development or
17construction permit for the facility for which local siting
18approval was granted. Upon application to the Agency for a
19development or construction permit by that subsequent owner or
20operator, the permit applicant shall cause written notice of
21the permit application to be served upon the appropriate
22county board or governing body of the municipality that
23granted siting approval for that facility and upon any party
24to the siting proceeding pursuant to which siting approval was
25granted. In that event, the Agency shall conduct an evaluation
26of the subsequent owner or operator's prior experience in

 

 

SB2380- 7 -LRB102 14555 CPF 19908 b

1waste management operations in the manner conducted under
2subsection (i) of Section 39 of this Act.
3    Beginning August 20, 1993, if the pollution control
4facility consists of a hazardous or solid waste disposal
5facility for which the proposed site is located in an
6unincorporated area of a county with a population of less than
7100,000 and includes all or a portion of a parcel of land that
8was, on April 1, 1993, adjacent to a municipality having a
9population of less than 5,000, then the local siting review
10required under this subsection (c) in conjunction with any
11permit applied for after that date shall be performed by the
12governing body of that adjacent municipality rather than the
13county board of the county in which the proposed site is
14located; and for the purposes of that local siting review, any
15references in this Act to the county board shall be deemed to
16mean the governing body of that adjacent municipality;
17provided, however, that the provisions of this paragraph shall
18not apply to any proposed site which was, on April 1, 1993,
19owned in whole or in part by another municipality.
20    In the case of a pollution control facility for which a
21development permit was issued before November 12, 1981, if an
22operating permit has not been issued by the Agency prior to
23August 31, 1989 for any portion of the facility, then the
24Agency may not issue or renew any development permit nor issue
25an original operating permit for any portion of such facility
26unless the applicant has submitted proof to the Agency that

 

 

SB2380- 8 -LRB102 14555 CPF 19908 b

1the location of the facility has been approved by the
2appropriate county board or municipal governing body pursuant
3to Section 39.2 of this Act.
4    After January 1, 1994, if a solid waste disposal facility,
5any portion for which an operating permit has been issued by
6the Agency, has not accepted waste disposal for 5 or more
7consecutive calendar calendars years, before that facility may
8accept any new or additional waste for disposal, the owner and
9operator must obtain a new operating permit under this Act for
10that facility unless the owner and operator have applied to
11the Agency for a permit authorizing the temporary suspension
12of waste acceptance. The Agency may not issue a new operation
13permit under this Act for the facility unless the applicant
14has submitted proof to the Agency that the location of the
15facility has been approved or re-approved by the appropriate
16county board or municipal governing body under Section 39.2 of
17this Act after the facility ceased accepting waste.
18    Except for those facilities owned or operated by sanitary
19districts organized under the Metropolitan Water Reclamation
20District Act, and except for new pollution control facilities
21governed by Section 39.2, and except for fossil fuel mining
22facilities, the granting of a permit under this Act shall not
23relieve the applicant from meeting and securing all necessary
24zoning approvals from the unit of government having zoning
25jurisdiction over the proposed facility.
26    Before beginning construction on any new sewage treatment

 

 

SB2380- 9 -LRB102 14555 CPF 19908 b

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

 

 

SB2380- 10 -LRB102 14555 CPF 19908 b

1    municipality, if the station is in an incorporated area,
2    does not object to resumption of the operation of the
3    station; and
4        (4) the site has local zoning approval.
5    (d) The Agency may issue RCRA permits exclusively under
6this subsection to persons owning or operating a facility for
7the treatment, storage, or disposal of hazardous waste as
8defined under this Act. Subsection (y) of this Section, rather
9than this subsection (d), shall apply to permits issued for
10CCR surface impoundments.
11    All RCRA permits shall contain those terms and conditions,
12including, but not limited to, schedules of compliance, which
13may be required to accomplish the purposes and provisions of
14this Act. The Agency may include among such conditions
15standards and other requirements established under this Act,
16Board regulations, the Resource Conservation and Recovery Act
17of 1976 (P.L. 94-580), as amended, and regulations pursuant
18thereto, and may include schedules for achieving compliance
19therewith as soon as possible. The Agency shall require that a
20performance bond or other security be provided as a condition
21for the issuance 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

 

 

SB2380- 11 -LRB102 14555 CPF 19908 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
7regulations pursuant 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
18this subsection to persons owning or operating a facility for
19the underground injection of contaminants as defined under
20this Act.
21    All UIC permits shall contain those terms and conditions,
22including, but not limited to, schedules of compliance, which
23may be required to accomplish the purposes and provisions of
24this Act. The Agency may include among such conditions
25standards and other requirements established under this Act,
26Board regulations, the Safe Drinking Water Act (P.L. 93-523),

 

 

SB2380- 12 -LRB102 14555 CPF 19908 b

1as amended, 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

 

 

SB2380- 13 -LRB102 14555 CPF 19908 b

1    Control Technology, consistent with the Board's
2    regulations, if any.
3        (2) The Agency shall adopt requirements as necessary
4    to implement public participation procedures, including,
5    but not limited to, public notice, comment, and an
6    opportunity for hearing, which must accompany the
7    processing of applications for PSD permits. The Agency
8    shall briefly describe and respond to all significant
9    comments on the draft permit raised during the public
10    comment period or during any hearing. The Agency may group
11    related comments together and provide one unified response
12    for each issue raised.
13        (3) Any complete permit application submitted to the
14    Agency under this subsection for a PSD permit shall be
15    granted or denied by the Agency not later than one year
16    after the filing of such completed application.
17        (4) The Agency shall, after conferring with the
18    applicant, give written notice to the applicant of its
19    proposed decision on the application, including the terms
20    and conditions of the permit to be issued and the facts,
21    conduct, or other basis upon which the Agency will rely to
22    support its proposed action.
23    (g) The Agency shall include as conditions upon all
24permits issued for hazardous waste disposal sites such
25restrictions upon the future use of such sites as are
26reasonably necessary to protect public health and the

 

 

SB2380- 14 -LRB102 14555 CPF 19908 b

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

 

 

SB2380- 15 -LRB102 14555 CPF 19908 b

1the term "generator" has the meaning given in Section 3.205 of
2this Act, unless: (1) the hazardous waste is treated,
3incinerated, or partially recycled for reuse prior to
4disposal, in which case the last person who treats,
5incinerates, or partially recycles the hazardous waste prior
6to disposal is the generator; or (2) the hazardous waste is
7from a response action, in which case the person performing
8the response action is the generator. This subsection (h) does
9not apply to any hazardous waste that is restricted from land
10disposal under 35 Ill. Adm. Code 728.
11    (i) Before issuing any RCRA permit, any permit for a waste
12storage site, sanitary landfill, waste disposal site, waste
13transfer station, waste treatment facility, waste incinerator,
14or any waste-transportation operation, any permit or interim
15authorization for a clean construction or demolition debris
16fill operation, or any permit required under subsection (d-5)
17of Section 55, the Agency shall conduct an evaluation of the
18prospective owner's or operator's prior experience in waste
19management operations, clean construction or demolition debris
20fill operations, and tire storage site management. The Agency
21may deny such a permit, or deny or revoke interim
22authorization, if the prospective owner or operator or any
23employee or officer of the prospective owner or operator has a
24history of:
25        (1) repeated violations of federal, State, or local
26    laws, regulations, standards, or ordinances in the

 

 

SB2380- 16 -LRB102 14555 CPF 19908 b

1    operation of waste management facilities or sites, clean
2    construction or demolition debris fill operation
3    facilities or sites, or tire storage sites; or
4        (2) conviction in this or another State of any crime
5    which is a felony under the laws of this State, or
6    conviction of a felony in a federal court; or conviction
7    in this or another state or federal court of any of the
8    following crimes: forgery, official misconduct, bribery,
9    perjury, or knowingly submitting false information under
10    any environmental law, regulation, or permit term or
11    condition; or
12        (3) proof of gross carelessness or incompetence in
13    handling, storing, processing, transporting or disposing
14    of waste, clean construction or demolition debris, or used
15    or waste tires, or proof of gross carelessness or
16    incompetence in using clean construction or demolition
17    debris as fill.
18    (i-5) Before issuing any permit or approving any interim
19authorization for a clean construction or demolition debris
20fill operation in which any ownership interest is transferred
21between January 1, 2005, and the effective date of the
22prohibition set forth in Section 22.52 of this Act, the Agency
23shall conduct an evaluation of the operation if any previous
24activities at the site or facility may have caused or allowed
25contamination of the site. It shall be the responsibility of
26the owner or operator seeking the permit or interim

 

 

SB2380- 17 -LRB102 14555 CPF 19908 b

1authorization to provide to the Agency all of the information
2necessary for the Agency to conduct its evaluation. The Agency
3may deny a permit or interim authorization if previous
4activities at the site may have caused or allowed
5contamination at the site, unless such contamination is
6authorized under any permit issued by the Agency.
7    (j) The issuance under this Act of a permit to engage in
8the surface mining of any resources other than fossil fuels
9shall not relieve the permittee from its duty to comply with
10any applicable local law regulating the commencement, location
11or operation of surface mining facilities.
12    (k) A development permit issued under subsection (a) of
13Section 39 for any facility or site which is required to have a
14permit under subsection (d) of Section 21 shall expire at the
15end of 2 calendar years from the date upon which it was issued,
16unless within that period the applicant has taken action to
17develop the facility or the site. In the event that review of
18the conditions of the development permit is sought pursuant to
19Section 40 or 41, or permittee is prevented from commencing
20development of the facility or site by any other litigation
21beyond the permittee's control, such two-year period shall be
22deemed to begin on the date upon which such review process or
23litigation is concluded.
24    (l) No permit shall be issued by the Agency under this Act
25for construction or operation of any facility or site located
26within the boundaries of any setback zone established pursuant

 

 

SB2380- 18 -LRB102 14555 CPF 19908 b

1to this Act, where such construction or operation is
2prohibited.
3    (m) The Agency may issue permits to persons owning or
4operating a facility for composting landscape waste. In
5granting such permits, the Agency may impose such conditions
6as may be necessary to accomplish the purposes of this Act, and
7as are not inconsistent with applicable regulations
8promulgated by the Board. Except as otherwise provided in this
9Act, a bond or other security shall not be required as a
10condition for the issuance of a permit. If the Agency denies
11any permit pursuant to this subsection, the Agency shall
12transmit to the applicant within the time limitations of this
13subsection specific, detailed statements as to the reasons the
14permit application was denied. Such statements shall include
15but not be limited to the following:
16        (1) the Sections of this Act that may be violated if
17    the permit were granted;
18        (2) the specific regulations promulgated pursuant to
19    this Act that may be violated if the permit were granted;
20        (3) the specific information, if any, the Agency deems
21    the applicant did not provide in its application to the
22    Agency; and
23        (4) a statement of specific reasons why the Act and
24    the regulations might be violated if the permit were
25    granted.
26    If no final action is taken by the Agency within 90 days

 

 

SB2380- 19 -LRB102 14555 CPF 19908 b

1after the filing of the application for permit, the applicant
2may deem the permit issued. Any applicant for a permit may
3waive the 90-day limitation by filing a written statement with
4the Agency.
5    The Agency shall issue permits for such facilities upon
6receipt of an application that includes a legal description of
7the site, a topographic map of the site drawn to the scale of
8200 feet to the inch or larger, a description of the operation,
9including the area served, an estimate of the volume of
10materials to be processed, and documentation that:
11        (1) the facility includes a setback of at least 200
12    feet from the nearest potable water supply well;
13        (2) the facility is located outside the boundary of
14    the 10-year floodplain or the site will be floodproofed;
15        (3) the facility is located so as to minimize
16    incompatibility with the character of the surrounding
17    area, including at least a 200 foot setback from any
18    residence, and in the case of a facility that is developed
19    or the permitted composting area of which is expanded
20    after November 17, 1991, the composting area is located at
21    least 1/8 mile from the nearest residence (other than a
22    residence located on the same property as the facility);
23        (4) the design of the facility will prevent any
24    compost material from being placed within 5 feet of the
25    water table, will adequately control runoff from the site,
26    and will collect and manage any leachate that is generated

 

 

SB2380- 20 -LRB102 14555 CPF 19908 b

1    on the site;
2        (5) the operation of the facility will include
3    appropriate dust and odor control measures, limitations on
4    operating hours, appropriate noise control measures for
5    shredding, chipping and similar equipment, management
6    procedures for composting, containment and disposal of
7    non-compostable wastes, procedures to be used for
8    terminating operations at the site, and recordkeeping
9    sufficient to document the amount of materials received,
10    composted and otherwise disposed of; and
11        (6) the operation will be conducted in accordance with
12    any applicable rules adopted by the Board.
13    The Agency shall issue renewable permits of not longer
14than 10 years in duration for the composting of landscape
15wastes, as defined in Section 3.155 of this Act, based on the
16above requirements.
17    The operator of any facility permitted under this
18subsection (m) must submit a written annual statement to the
19Agency on or before April 1 of each year that includes an
20estimate of the amount of material, in tons, received for
21composting.
22    (n) The Agency shall issue permits jointly with the
23Department of Transportation for the dredging or deposit of
24material in Lake Michigan in accordance with Section 18 of the
25Rivers, Lakes, and Streams Act.
26    (o) (Blank.)

 

 

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1    (p) (1) Any person submitting an application for a permit
2for a new MSWLF unit or for a lateral expansion under
3subsection (t) of Section 21 of this Act for an existing MSWLF
4unit that has not received and is not subject to local siting
5approval under Section 39.2 of this Act shall publish notice
6of the application in a newspaper of general circulation in
7the county in which the MSWLF unit is or is proposed to be
8located. The notice must be published at least 15 days before
9submission of the permit application to the Agency. The notice
10shall state the name and address of the applicant, the
11location of the MSWLF unit or proposed MSWLF unit, the nature
12and size of the MSWLF unit or proposed MSWLF unit, the nature
13of the activity proposed, the probable life of the proposed
14activity, the date the permit application will be submitted,
15and a statement that persons may file written comments with
16the Agency concerning the permit application within 30 days
17after the filing of the permit application unless the time
18period to submit comments is extended by the Agency.
19    When a permit applicant submits information to the Agency
20to supplement a permit application being reviewed by the
21Agency, the applicant shall not be required to reissue the
22notice under this subsection.
23    (2) The Agency shall accept written comments concerning
24the permit application that are postmarked no later than 30
25days after the filing of the permit application, unless the
26time period to accept comments is extended by the Agency.

 

 

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1    (3) Each applicant for a permit described in part (1) of
2this subsection shall file a copy of the permit application
3with the county board or governing body of the municipality in
4which the MSWLF unit is or is proposed to be located at the
5same time the application is submitted to the Agency. The
6permit application filed with the county board or governing
7body of the municipality shall include all documents submitted
8to or to be submitted to the Agency, except trade secrets as
9determined under Section 7.1 of this Act. The permit
10application and other documents on file with the county board
11or governing body of the municipality shall be made available
12for public inspection during regular business hours at the
13office of the county board or the governing body of the
14municipality and may be copied upon payment of the actual cost
15of reproduction.
16    (q) Within 6 months after July 12, 2011 (the effective
17date of Public Act 97-95), the Agency, in consultation with
18the regulated community, shall develop a web portal to be
19posted on its website for the purpose of enhancing review and
20promoting timely issuance of permits required by this Act. At
21a minimum, the Agency shall make the following information
22available on the web portal:
23        (1) Checklists and guidance relating to the completion
24    of permit applications, developed pursuant to subsection
25    (s) of this Section, which may include, but are not
26    limited to, existing instructions for completing the

 

 

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1    applications and examples of complete applications. As the
2    Agency develops new checklists and develops guidance, it
3    shall supplement the web portal with those materials.
4        (2) Within 2 years after July 12, 2011 (the effective
5    date of Public Act 97-95), permit application forms or
6    portions of permit applications that can be completed and
7    saved electronically, and submitted to the Agency
8    electronically with digital signatures.
9        (3) Within 2 years after July 12, 2011 (the effective
10    date of Public Act 97-95), an online tracking system where
11    an applicant may review the status of its pending
12    application, including the name and contact information of
13    the permit analyst assigned to the application. Until the
14    online tracking system has been developed, the Agency
15    shall post on its website semi-annual permitting
16    efficiency tracking reports that include statistics on the
17    timeframes for Agency action on the following types of
18    permits received after July 12, 2011 (the effective date
19    of Public Act 97-95): air construction permits, new NPDES
20    permits and associated water construction permits, and
21    modifications of major NPDES permits and associated water
22    construction permits. The reports must be posted by
23    February 1 and August 1 each year and shall include:
24            (A) the number of applications received for each
25        type of permit, the number of applications on which
26        the Agency has taken action, and the number of

 

 

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1        applications still pending; and
2            (B) for those applications where the Agency has
3        not taken action in accordance with the timeframes set
4        forth in this Act, the date the application was
5        received and the reasons for any delays, which may
6        include, but shall not be limited to, (i) the
7        application being inadequate or incomplete, (ii)
8        scientific or technical disagreements with the
9        applicant, USEPA, or other local, state, or federal
10        agencies involved in the permitting approval process,
11        (iii) public opposition to the permit, or (iv) Agency
12        staffing shortages. To the extent practicable, the
13        tracking report shall provide approximate dates when
14        cause for delay was identified by the Agency, when the
15        Agency informed the applicant of the problem leading
16        to the delay, and when the applicant remedied the
17        reason for the delay.
18    (r) Upon the request of the applicant, the Agency shall
19notify the applicant of the permit analyst assigned to the
20application upon its receipt.
21    (s) The Agency is authorized to prepare and distribute
22guidance documents relating to its administration of this
23Section and procedural rules implementing this Section.
24Guidance documents prepared under this subsection shall not be
25considered rules and shall not be subject to the Illinois
26Administrative Procedure Act. Such guidance shall not be

 

 

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1binding on any party.
2    (t) Except as otherwise prohibited by federal law or
3regulation, any person submitting an application for a permit
4may include with the application suggested permit language for
5Agency consideration. The Agency is not obligated to use the
6suggested language or any portion thereof in its permitting
7decision. If requested by the permit applicant, the Agency
8shall meet with the applicant to discuss the suggested
9language.
10    (u) If requested by the permit applicant, the Agency shall
11provide the permit applicant with a copy of the draft permit
12prior to any public review period.
13    (v) If requested by the permit applicant, the Agency shall
14provide the permit applicant with a copy of the final permit
15prior to its issuance.
16    (w) An air pollution permit shall not be required due to
17emissions of greenhouse gases, as specified by Section 9.15 of
18this Act.
19    (x) If, before the expiration of a State operating permit
20that is issued pursuant to subsection (a) of this Section and
21contains federally enforceable conditions limiting the
22potential to emit of the source to a level below the major
23source threshold for that source so as to exclude the source
24from the Clean Air Act Permit Program, the Agency receives a
25complete application for the renewal of that permit, then all
26of the terms and conditions of the permit shall remain in

 

 

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1effect until final administrative action has been taken on the
2application for the renewal of the permit.
3    (y) The Agency may issue permits exclusively under this
4subsection to persons owning or operating a CCR surface
5impoundment subject to Section 22.59.
6    All CCR surface impoundment permits shall contain those
7terms and conditions, including, but not limited to, schedules
8of compliance, which may be required to accomplish the
9purposes and provisions of this Act, Board regulations, the
10Illinois Groundwater Protection Act and regulations pursuant
11thereto, and the Resource Conservation and Recovery Act and
12regulations pursuant thereto, and may include schedules for
13achieving compliance therewith as soon as possible.
14    The Board shall adopt filing requirements and procedures
15that are necessary and appropriate for the issuance of CCR
16surface impoundment permits and that are consistent with this
17Act or regulations adopted by the Board, and with the RCRA, as
18amended, and regulations pursuant thereto.
19    The applicant shall make available to the public for
20inspection all documents submitted by the applicant to the
21Agency in furtherance of an application, with the exception of
22trade secrets, on its public internet website as well as at the
23office of the county board or governing body of the
24municipality where CCR from the CCR surface impoundment will
25be permanently disposed. Such documents may be copied upon
26payment of the actual cost of reproduction during regular

 

 

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1business hours of the local office.
2    The Agency shall issue a written statement concurrent with
3its grant or denial of the permit explaining the basis for its
4decision.
5(Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)