Illinois General Assembly - Full Text of HB0917
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Full Text of HB0917  93rd General Assembly

HB0917sam002 93rd General Assembly


093_HB0917sam002











                                     SRS093 00119 SDF 00119 a

 1                     AMENDMENT TO HOUSE BILL 917

 2        AMENDMENT NO.     .  Amend House Bill  917  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Environmental Protection Act is amended
 5    by changing Section 39.2 as follows:

 6        (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
 7        Sec. 39.2. Local siting review.
 8        (a)  The county board of the county or the governing body
 9    of the  municipality,  as  determined  by  paragraph  (c)  of
10    Section  39  of  this  Act,  shall  approve or disapprove the
11    request for local siting approval for each pollution  control
12    facility  which  is subject to such review.  An applicant for
13    local  siting  approval  shall  submit   sufficient   details
14    describing  the  proposed facility to demonstrate compliance,
15    and local siting  approval  shall  be  granted  only  if  the
16    proposed facility meets the following criteria:
17             (i)  the  facility  is  necessary to accommodate the
18        waste needs of the area it is intended to serve;
19             (ii)  the  facility  is  so  designed,  located  and
20        proposed to be operated that the  public  health,  safety
21        and welfare will be protected;
22             (iii)  the  facility  is  located  so as to minimize
 
                            -2-      SRS093 00119 SDF 00119 a
 1        incompatibility with the  character  of  the  surrounding
 2        area  and  to  minimize  the  effect  on the value of the
 3        surrounding property;
 4             (iv) (A)  for  a  facility  other  than  a  sanitary
 5        landfill or waste disposal site, the facility is  located
 6        outside  the  boundary of the 100 year flood plain or the
 7        site is flood-proofed; (B)  for  a  facility  that  is  a
 8        sanitary landfill or waste disposal site, the facility is
 9        located  outside the boundary of the 100-year floodplain,
10        or if the facility is a facility described in  subsection
11        (b)(3) of Section 22.19a, the site is flood-proofed;
12             (v)  the  plan  of  operations  for  the facility is
13        designed to minimize the danger to the  surrounding  area
14        from fire, spills, or other operational accidents;
15             (vi)  the  traffic  patterns to or from the facility
16        are so designed as to minimize  the  impact  on  existing
17        traffic flows;
18             (vii)  if  the facility will be treating, storing or
19        disposing of hazardous waste, an emergency response  plan
20        exists  for  the  facility  which  includes notification,
21        containment and evacuation procedures to be used in  case
22        of an accidental release;
23             (viii)  if the facility is to be located in a county
24        where   the  county  board  has  adopted  a  solid  waste
25        management plan consistent with the planning requirements
26        of the Local Solid Waste Disposal Act or the Solid  Waste
27        Planning  and  Recycling  Act, the facility is consistent
28        with that plan; and
29             (ix)  if the  facility  will  be  located  within  a
30        regulated  recharge  area,  any  applicable  requirements
31        specified by the Board for such areas have been met.
32        The   county   board   or   the  governing  body  of  the
33    municipality may  also  consider  as  evidence  the  previous
34    operating  experience  and  past  record  of  convictions  or
 
                            -3-      SRS093 00119 SDF 00119 a
 1    admissions of violations of the applicant (and any subsidiary
 2    or parent corporation) in the field of solid waste management
 3    when considering criteria (ii) and (v) under this Section.
 4        (a-5)  If  a  proposed  transfer station would be located
 5    within or immediately adjacent to the municipality, then  the
 6    local  siting  approval may not be granted unless approved by
 7    resolution of the municipality.
 8        (b)  No later than 14 days before the date on  which  the
 9    county board or governing body of the municipality receives a
10    request  for site approval, the applicant shall cause written
11    notice of such request to be served either in  person  or  by
12    registered  mail,  return receipt requested, on the owners of
13    all property within the subject area not solely owned by  the
14    applicant,  and on the owners of all property within 250 feet
15    in each direction of the lot line of  the  subject  property,
16    said  owners being such persons or entities which appear from
17    the authentic  tax  records  of  the  County  in  which  such
18    facility  is  to be located; provided, that the number of all
19    feet occupied by all public roads, streets, alleys and  other
20    public  ways  shall  be  excluded  in  computing the 250 feet
21    requirement; provided further, that in no  event  shall  this
22    requirement exceed 400 feet, including public streets, alleys
23    and other public ways.
24        Such  written notice shall also be served upon members of
25    the General Assembly from the legislative district  in  which
26    the  proposed facility is located and shall be published in a
27    newspaper of general circulation published in the  county  in
28    which the site is located.
29        Such  notice  shall  state  the  name  and address of the
30    applicant, the location of the proposed site, the nature  and
31    size of the development, the nature of the activity proposed,
32    the probable life of the proposed activity, the date when the
33    request   for   site   approval  will  be  submitted,  and  a
34    description of the  right  of  persons  to  comment  on  such
 
                            -4-      SRS093 00119 SDF 00119 a
 1    request as hereafter provided.
 2        (c)  An  applicant  shall file a copy of its request with
 3    the county board of the county or the governing body  of  the
 4    municipality  in  which  the  proposed  site is located.  The
 5    request shall include (i) the substance  of  the  applicant's
 6    proposal and (ii) all documents, if any, submitted as of that
 7    date  to  the  Agency  pertaining  to  the proposed facility,
 8    except trade secrets as determined under Section 7.1 of  this
 9    Act.   All such documents or other materials on file with the
10    county board or governing body of the municipality  shall  be
11    made  available  for  public  inspection at the office of the
12    county board or the governing body of  the  municipality  and
13    may   be   copied   upon   payment  of  the  actual  cost  of
14    reproduction.
15        Any person may file written comment with the county board
16    or  governing  body  of  the  municipality   concerning   the
17    appropriateness   of  the  proposed  site  for  its  intended
18    purpose.   The  county  board  or  governing  body   of   the
19    municipality   shall   consider   any   comment  received  or
20    postmarked not later than 30 days after the date of the  last
21    public hearing.
22        (d)  At  least  one  public  hearing is to be held by the
23    county board or governing body of the municipality no  sooner
24    than  90  days  but  no later than 120 days after the date on
25    which it received the request for site  approval.   No  later
26    than 14 days prior to such hearing, notice shall be published
27    in a newspaper of general circulation published in the county
28    of  the proposed site, and delivered by certified mail to all
29    members of the General Assembly from the  district  in  which
30    the  proposed  site is located, to the governing authority of
31    every  municipality  contiguous  to  the  proposed  site   or
32    contiguous  to the municipality in which the proposed site is
33    to be located, to the county board of the  county  where  the
34    proposed  site  is  to  be  located,  if the proposed site is
 
                            -5-      SRS093 00119 SDF 00119 a
 1    located within the boundaries of a municipality, and  to  the
 2    Agency.    Members   or   representatives  of  the  governing
 3    authority of a municipality contiguous to the  proposed  site
 4    or  contiguous to the municipality in which the proposed site
 5    is to be located  and, if the proposed site is located  in  a
 6    municipality,  members or representatives of the county board
 7    of a county in which the proposed site is to be  located  may
 8    appear at and participate in public hearings held pursuant to
 9    this  Section.   The  public  hearing  shall develop a record
10    sufficient to form the basis of appeal  of  the  decision  in
11    accordance  with  Section  40.1 of this Act.  The fact that a
12    member  of  the  county  board  or  governing  body  of   the
13    municipality  has  publicly  expressed an opinion on an issue
14    related to a site review proceeding shall  not  preclude  the
15    member  from  taking part in the proceeding and voting on the
16    issue.
17        (e)  Decisions of the county board or governing  body  of
18    the municipality are to be in writing, specifying the reasons
19    for  the  decision,  such  reasons  to be in conformance with
20    subsection (a) of this Section.  In granting approval  for  a
21    site  the  county board or governing body of the municipality
22    may impose such conditions as may be reasonable and necessary
23    to accomplish the purposes of this Section  and  as  are  not
24    inconsistent with regulations promulgated by the Board.  Such
25    decision  shall  be  available  for  public inspection at the
26    office  of  the  county  board  or  governing  body  of   the
27    municipality  and  may  be  copied upon payment of the actual
28    cost of reproduction.  If there is no  final  action  by  the
29    county board or governing body of the municipality within 180
30    days after the date on which it received the request for site
31    approval, the applicant may deem the request approved.
32        At  any  time prior to completion by the applicant of the
33    presentation of  the  applicant's  factual  evidence  and  an
34    opportunity  for  cross-questioning  by  the  county board or
 
                            -6-      SRS093 00119 SDF 00119 a
 1    governing body of the municipality and any participants,  the
 2    applicant may file not more than one amended application upon
 3    payment  of  additional  fees  pursuant to subsection (k); in
 4    which case the time limitation for final action set forth  in
 5    this  subsection  (e)  shall  be  extended  for an additional
 6    period of 90 days.
 7        If, prior to making a  final  local  siting  decision,  a
 8    county   board  or  governing  body  of  a  municipality  has
 9    negotiated and entered into a host agreement with  the  local
10    siting  applicant,  the  terms  and  conditions  of  the host
11    agreement, whether written or oral, shall  be  disclosed  and
12    made  a  part  of  the  hearing  record for that local siting
13    proceeding. In the case of an oral agreement, the  disclosure
14    shall  be  made  in  the  form  of  a written summary jointly
15    prepared and submitted by the county board or governing  body
16    of  the  municipality  and  the  siting  applicant  and shall
17    describe the terms and conditions of the oral agreement.
18        (e-5)  Siting approval obtained pursuant to this  Section
19    is  transferable and may be transferred to a subsequent owner
20    or operator.  In the event  that  siting  approval  has  been
21    transferred   to   a   subsequent  owner  or  operator,  that
22    subsequent owner or operator assumes and takes subject to any
23    and all conditions imposed upon the prior owner  or  operator
24    by  the  county  board of the county or governing body of the
25    municipality pursuant to subsection (e).  However,  any  such
26    conditions  imposed  pursuant to this Section may be modified
27    by agreement between the subsequent owner or operator and the
28    appropriate county board or governing body.  Further, in  the
29    event  that siting approval obtained pursuant to this Section
30    has been transferred to a subsequent owner or operator,  that
31    subsequent   owner   or   operator  assumes  all  rights  and
32    obligations and takes the facility subject  to  any  and  all
33    terms  and  conditions of any existing host agreement between
34    the prior owner or operator and the appropriate county  board
 
                            -7-      SRS093 00119 SDF 00119 a
 1    or governing body.
 2        (f)  A  local  siting approval granted under this Section
 3    shall expire at the end of 2 calendar  years  from  the  date
 4    upon  which  it was granted, unless the local siting approval
 5    granted  under  this  Section  is  for  a  sanitary  landfill
 6    operation, in which case the approval shall expire at the end
 7    of 3 calendar years from the date upon which it was  granted,
 8    and   unless  within  that  period  the  applicant  has  made
 9    application to the Agency for a permit to develop  the  site.
10    In  the  event  that  the  local  siting  decision  has  been
11    appealed,  such expiration period shall be deemed to begin on
12    the date upon which the appeal process is concluded.
13        Except as otherwise provided in this subsection, upon the
14    expiration of a development permit under  subsection  (k)  of
15    Section  39, any associated local siting approval granted for
16    the facility under this Section shall also expire.
17        If a first  development  permit  for  a  municipal  waste
18    incineration facility expires under subsection (k) of Section
19    39  after  September 30, 1989 due to circumstances beyond the
20    control  of  the  applicant,  any  associated  local   siting
21    approval  granted  for the facility under this Section may be
22    used to fulfill the local siting  approval  requirement  upon
23    application  for  a  second  development  permit for the same
24    site, provided that the proposal in the  new  application  is
25    materially   the  same,  with  respect  to  the  criteria  in
26    subsection (a) of this Section, as the proposal that received
27    the original siting approval, and application for the  second
28    development permit is made before January 1, 1990.
29        (g)  The  siting approval procedures, criteria and appeal
30    procedures provided for in this Act for new pollution control
31    facilities shall be the exclusive siting procedures and rules
32    and  appeal  procedures  for  facilities  subject   to   such
33    procedures. Local zoning or other local land use requirements
34    shall not be applicable to such siting decisions.
 
                            -8-      SRS093 00119 SDF 00119 a
 1        (h)  Nothing  in this Section shall apply to any existing
 2    or  new  pollution  control  facility  located   within   the
 3    corporate  limits of a municipality with a population of over
 4    1,000,000.
 5        (i)  (Blank.)
 6        The  Board  shall  adopt  regulations  establishing   the
 7    geologic  and hydrologic siting criteria necessary to protect
 8    usable groundwater resources which are to be followed by  the
 9    Agency in its review of permit applications for new pollution
10    control  facilities.  Such regulations, insofar as they apply
11    to new pollution  control  facilities  authorized  to  store,
12    treat or dispose of any hazardous waste, shall be at least as
13    stringent  as  the  requirements of the Resource Conservation
14    and Recovery Act and any State or federal regulations adopted
15    pursuant thereto.
16        (j)  Any new pollution control facility which  has  never
17    obtained  local  siting approval under the provisions of this
18    Section shall be required to obtain  such  approval  after  a
19    final decision on an appeal of a permit denial.
20        (k)  A  county  board or governing body of a municipality
21    may charge applicants for siting review under this Section  a
22    reasonable  fee  to  cover the reasonable and necessary costs
23    incurred by such county or municipality in the siting  review
24    process.
25        (l)  The  governing Authority as determined by subsection
26    (c) of Section 39 of this Act may request the  Department  of
27    Transportation  to perform traffic impact studies of proposed
28    or  potential  locations  for  required   pollution   control
29    facilities.
30        (m)  An applicant may not file a request for local siting
31    approval  which  is substantially the same as a request which
32    was disapproved pursuant to a finding against  the  applicant
33    under  any  of criteria (i) through (ix) of subsection (a) of
34    this Section within the preceding 2 years.
 
                            -9-      SRS093 00119 SDF 00119 a
 1        (n)  In any review proceeding of a decision of the county
 2    board or governing body of a municipality  made  pursuant  to
 3    the local siting review process, the petitioner in the review
 4    proceeding  shall  pay to the county or municipality the cost
 5    of  preparing  and  certifying  the  record  of  proceedings.
 6    Should the petitioner in the review proceeding fail  to  make
 7    payment, the provisions of Section 3-109 of the Code of Civil
 8    Procedure shall apply.
 9        In  the  event  the  petitioner is a citizens' group that
10    participated in the siting proceeding and is so located as to
11    be affected by the proposed facility, such  petitioner  shall
12    be  exempt  from paying the costs of preparing and certifying
13    the record.
14        (o)  Notwithstanding any other provision of this Section,
15    a transfer station  used  exclusively  for  landscape  waste,
16    where  landscape  waste  is held no longer than 24 hours from
17    the time it was received, is not subject to the  requirements
18    of  local  siting approval under this Section, but is subject
19    only to local zoning approval.
20    (Source: P.A. 91-588, eff. 8-14-99; 92-574, eff. 6-26-02.)

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